HERE AT NAVAJO COUNCIL WHERE COUNCIL TOTALLY CONFUSED BY SPEAKER PRO TEMP YAZZIE AND ATTORNEYS OVER VOTE ON WHETHER SPEAKER PRO TEMP RULING THAT LEGISLATION 0011-14 OUT OF ORDER.
DELEGATE WALTER PHELPS
We need legal answer on whether Speaker Naize can vote to break a tie on this Challenge by Delegate Tsosie if there is another tie vote.
NDOJ DEPUTY ATTORNEY GENERAL BOBROFF ASKED FOR ANSWER BECAUSE LEGISLATIVE COUNSEL KAHN HAS SPEAKER NAIZE AS HER BOSS AND LEGISLATION 0011-14 IS ABOUT APPOINTING A NEW SPEAKER SO THE QUESTION RAISES ANOTHER QUESTION. IF ATTORNEYS RULE THAT SPEAKER NAIZE CANNOT VOTE BECAUSE OF A CONFLICT THEN THAT APPLIES TO DELEGATES WHO VOTED ON LEGISLATION 0003-14 TO REMOVE NAIZE AS SPEAKER THAT ALSO FACE CRIMINAL CHARGES LIKE NAIZE. AND SO THOSE DELEGATES FACING CRIMINAL CHARGES HAD CONFLICT OF INTEREST.
You are voting on Challenge and question is whether Speaker Naize can vote. Let’s point this out that because Speaker Pro Temp in place that Speaker Naize is delegate. If he votes or not, he has to make call about whether he has conflict and that responsibility lies with delegate. The closest definition of Conflict of Interest is that there is conflict if delegate has personal or family or business interest.
If you look at Rule 25 D, while it doesn’t address Speaker Pro Temp voting on challenge, I think the overall intent of paragraph that because Speaker Pro Temp ruling that he is giving to you to decide so I interpret that he would not vote. He has turned over decision to Council itself.