HERE AT COUNCIL WHERE COUNCIL WAS VOTING…UNTIL DELEGATE KATHERINE BENALLY STARTED CALLING FOR SPEAKER NAIZE TO VOTE.
When Pro Temp apoointed, it is done because Speaker can no longer function as Speaker. Edmund Yazzie is Pro Temp and Naize not Speaker.
So can Naize vote on Challenge? Yes unless he has conflict of interest and Naize makes that decision. He states conflict if no vote.
Pro Temp made original decision which is being challenged and so whoever made decision to vote, Pro Temp does not vote.
According to Bobroff’s legal advice, the question is answering challenge and I am delegate.
And so it appears that Naize has decided that he is not conflicted and he is voting, which has created another Tie.
DELEGATE ROSCOE SMITH, who voted against the removal of Speaker Naize calls for Speaker Pro Temp to break Tie
THE VOTE IS 10 IN FAVOR, 10 OPP0OSED
And Speaker Pro Temp Edmund Yazzie announces that since there was no majority vote opposing his Ruling that Legislation 0011-14 was out of order that his ruling stands. Interesting, because the Navajo Department of Justice advised the Council that they could amend their agenda by ruling Legislation out of order. NDOJ Deputy Attorney General Bobroff explained that for Legislation to be rules Out of Order by the Speaker that the Legislation had to be Defective. Speaker Pro Temp Yazzie’s Out of Order Ruling was based on Legislation 0011-14 being connected to Legislation 0003-14, which had nothing to do with Legislation 0011-14 being defective.
And so this group of the Navajo People’s Lawmaker continue on their lawless road…