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Navajo Council meeting ILLEGALLY before Work Session & Special Session
December 26, 2013 Professional Journal

Anthony Peterman, energy advisor to Navajo Council Speaker Naize, and Speaker Naize. Photo by Marley Shebala

Anthony Peterman, energy advisor to Navajo Council Speaker Naize, and Speaker Naize. Photo by Marley Shebala

Greeting Relatives/Frens/Humans,
Tomorrow, Dec. 27, Friday is when the Navajo Nation Council will once again take up proposed Legislation 0367-13, which is related to the Navajo Nation’s take over of BHP’s coal mining operations of BHP’s Navajo Coal Mine. Council Delegates LoRenzo Bates and Roscoe Smith are sponsoring Legislation 0367-13. When the Council tabled the Bates and Smith bill on Monday, Dec. 23, the Council also voted to have a work session before their special Council session. According to the Council website, the Council’s work session is at 10 a.m. on Friday, 12/27/13, in the Council chamber and the Council’s Special Session is AT 1 P.M. on Friday, 12/27/13.

But what is not on the Council website is a Council Caucus at the Quality Inn, Window Rock, at 7 a.m. on Friday, 12/27/13, that Speaker Naize called.

At the Council’s last Caucus meeting, which was before the Council’s special session on 11/26/13, to take action on a $220 million Bond/Loan, I walked in during a so-called executive session of the Caucus and challenged the legality of the Council calling an executive session during a Caucus. I also challenged the legality of the Council meeting as a Caucus. I asked for the section of Navajo law that allowed the Council, while in Caucus, to call an executive session. And I also asked for the section of Navajo law that allowed this Council of 24 to have a Caucus.

I have never received those legal citations and I so believe that our Council is acting illegally to scheme behind the backs of the People that put them in office.

The People have a right to know! The Council has decided that the voices of the People were not needed when they decided to spend $750,000 on an analysis of the possible tribal purchase of BHP’s coal mining operation.

The People’s Voices were also not needed when they decided to create Navajo Transitional Energy Company and give it full power to waive tribal sovereign immunity, which only the Council had the power to do.

And in creating NTEC, the Council decided to create NTEC to operate only in the best interest of NTEC when the Council approved the removal of the wording “Navajo People” and replaced it with “Navajo Transitional Energy Company,” which means NTEC shall never make a decision in the best interest of the Navajo People.

The Council has truly created the first tribal Corporation and now NTEC wants more nourishment, which is more of the People’s money and the People’s Rainbow. The real Navajo leaders understood and respected the Rainbow as the Protection of the Homeland and all of Life on it. The Rainbow is Navajo sovereignty.

And each time that the Council gave up the People’s Rainbow for Gambling, Loans, NTEC, the Council allowed those entities that have no heart for the People to drag the People into their legal process which has rarely shown justice and fairness to the Navajo People. How many of the People have had their trailer homes dragged off the Navajo Reservation without a fair hearing?

The Council has authorized $85 million for NTEC to take over BHP’s coal mining operation. So why can’t they provide emergency assistance through the Navajo Nation Credit Services to help the People and children keep a roof over their heads and transportation?

If you go to the Council caucus, work session and special session, you will see the Council say that they HAVE to give away the People’s Rainbow otherwise there will be a huge drop in the amount of annual revenues going into the tribal treasury, which would be about $40 million a year. And they’ll say that this would critically hurt the amount of money that goes to the 110 chapters, which help the People.

But over 50 percent of the 110 chapters are facing serious mismanagement and even theft of chapter funds that are suppose to go the People. If you don’t believe me, then ask for your chapter’s audit.

I asked a Council delegate about why the Council talked about how the tribe would face a HUGE money shortage and then the Council gives each of its 24 delegates a HUGE turkey and ham after the Council’s special session on Dec. 23. The turkeys and hams probably cost between $80 and $100 each, which means the Council probably spent about a total of $2,400 on itself in one day. And that doesn’t count the Council meeting stipend, lodging, mileage and meals. And on top of that some of the Council’s committees has special committee meetings on Dec. 23 and so those committee members, who are also Council delegates, received committee meeting stipend, lodging, mileage and meals.

And so the Council Delegate’s answer to my question, which related to the turkeys and hams, was that it was Speaker Naize’s decision and not the council. Well, Speaker Naize is whom the Council voted into office and so the People should hold the Council responsible for any of his decisions. I do!

I’m hoping that if Speaker Naize asks for Legislation 0367-13 to be read into the record that he’ll also ask for the People’s comments/voices to be read into the record. By law, the Speaker, Council and Council committees don’t have to have those public comments read into the record. Who made that law? Who decided to leave out the People’s voices?

The Navajo Nation Council are the law makers.

BUT the People have the right and now the duty to initiate referendums to take back the Power that the People gave to the Council so that anytime the Council denies the voices of the People to be part of the People’s government, it will be an illegal action by the Council.

And if the Council decides in Caucus that they don’t need a work session, they can skip the work session or go into the work session and announce that they decided not to have a work session and so they can go into special session before 1 p.m.

HERE IS THE WEB ADDRESS TO LEGISLATION 0367:13: A PROPOSED NAVAJO NATION COUNCIL RESOLUTION; AN ACTION RELATING TO RESOURCES AND DEVELOPMENT, BUDGET AND FINANCE, AND NAABIK’IYATI’; APPROVING AN ALTERNATIVE FORUM FOR ENFORCEMENT OF BINDING ARBITRATION AND ANCILLARY PROCEEDINGS BROUGHT PURSUANT TO THE NAVAIO NATION SOVEREIGN IMMUNITY ACT IN THE GENERAL INDEMNITY AGREEMENTS BETWEEN THE NAVAIO NATION AND l) ZURICH AMERICAN INSURANCE COMPANY AND 2) ARCH INSURANCE COMPANY RELATED TO THE ISSUANCE OF PERFORMANCE AND RECLAMATION BONDS RELATED TO THE NAVAIO MINE
https://drive.google.com/file/d/0B7xhIWpNuJXiZlMta2M5YTd1MS1IeDNRazlIOHhpSS1KOXlB/edit?usp=sharing

HERE IS THE WEB ADDRESS FOR SPEAKER NAIZE’S 12/14/13 MEMO ABOUT COUNCIL 12-27/27 WORK SESSION & SPECIAL SESSION:

HERE IS THE WEB ADDRESS FOR THE NAVAJO COUNCIL WEBSITE:
http://www.navajonationcouncil.org/

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