HERE AT NAVAJO COUNCIL WHERE COUNCIL CONTINUES TO DEBATE REPORT ON NAVAJO OIL AND GAS COMPANY.
NAVAJO CHIEF LEGISLATIVE COUNSEL LEVON HENRY
seating of Navajo Oil and Gas Board members – in our review, with Navajo law, procedurally, the Navajo prez makes appointment and Council confirms appointment. Understanding that there are differences of opinion on seating of NOG Board members, the process was followed.
There was misinformation at standing committee level about conflict of interest but that is for President to address. My office not taking position on potential conflict of interest. Navajo Supreme Court stated that Council must follow procedure.
Are Board members legitimate? The Board confirmed by Council are the Board currently. The charter also states that board members hold position until replaced. so if board member replaced continues to stay on board and vote and take official action wud require additional research and so we have to research.
Letter from Bureau of Indian Affairs – since letter sent from BIA to Speaker Pro Temp Bates that charter approved with slight changes so next step is for Council to ratify charter by resolution.
other issue, option for shareholders – under current charter, shareholder are made up of five standing committees and so address by having Law & Order Committee have three appointments, same for Health, Education and Human Service Committee and Resources & Development Committee. Only committee that has not changed is Budget & Finance Committe which means they wud have one shareholder.
SPEAKER PRO TEMP BATES
there have been several suggestions and that there is no one that owns resources. but council represents people who own resources. your decisions are on behalf of the people. and there are people that will support and oppose your decision.
several recommenations – have entire organization step down and start brand new but question is how much jeopardy does that put company in and goes to Delegate Smith’s statement regarding Special Master. And then there is Peacemaking which wud mean going to judge and getting Peacemaking judge to oversee. Third is something you might want to consider, this body here select from within itself to sit down with leadership to see what can be worked out and can be done in 30 days which is when forensic audit completed. or just wait for audit and see entire picture and if there is wrongdoing then decision has to be made. so there are options i see from listening to colleagues. but again these resources belong to nation and council represents people that resources belong to.
DELEGATE ALTON SHEPHERD
Looking at NOG Chater and ratification – is that option? Once Council approves, it recognizes 5 shareholders, instead of 11. there is also inconsistencies in NOG by-laws and charter. so what are the timelines?
DELEGATE RUSSELL BEGAYE
the board approached shareholder to remove shareholder and under advisement by attorneys Paul Frye and NOG attorney Louis Denetsosie, the shareholders suspended shareholder. But then the Board put shareholder back on as shareholder.
CHIEF LEGISLATIVE COUNSEL LEVON HENRY
now that charter has come back, then Council needs to ratify charter, which addresses composition of shareholders and board, will go into effect.
inconsistencies in by-laws and charter – on one side, the by-laws guide NOG and that board appoints boardmembers, but there is inconsistency that president appoints and council confirms. this has been really difficult to present cuz of difference of parties, which also makes difficult about which board members are replaced and seated.
regarding removal of shareholder, who was suspended and then put back on shareholder by current board – i was not aware of that. what was provided was board minutes on specific questions and so i wud need to ask for those specific minutes and then make evaluation.
DELEGATE MEL BEGAY
Cud we get legislation going to support shareholders taking action. the argument is that shareholders have no authority to take action.
DELEGATE ALTON SHEPHERD
to go forward, amendments to charter not ratified. and if disagree with Navajo Supreme Court, then there was timeline. and so i support the appointment of more shareholders otherwise we will continue to have more problems if ratify charter.