DELEGATE LEONARD TSOSIE
For more than $1 m from Permanent Trust Fund shall be approved by Naa’biki’yati’ Committee
QUESTION OF PRIVILEGE
Is this in order? Otherwise just go round and round. Look at Title 2, that authority is given to Budget and Finance Committee to work with Investment Committee. Ask for legal advice from Navajo Department of Justice.
POINT OF ORDER
Delegate Katherine Benally
Conflict cuz attorney Gomez part of Investment Committee
Title 2, section 301, B-5: Budget and Finance Committee coordinate and all financial investments for tribe.
So under Title 2, regarding investments is delegated to Investment Committee so this amendment would require Title 2 to be amended and it’s in conflict with this section of Title 2.
ACTING CHIEF LEGISLATIVE COUNSEL MARIANA KAHN
The code reads as Gomez stated. Navajo Council has specified authorities for B&F just as other authorities have been assigned to other standing committees. I wish had more time research issue.
I believe entity that divides authority, whichis Council, implicitly retains powers & authorities it gives to committees,but manner in which Council wud reorder authorities and powers which is thru legislation and amendment process.
But the fact, I do believe, that Council retains overall authority but without time to resrarch law in which authority of praticular standing committee is usurped and taken back by main body, Council. Don’t have law books to research.
But understand Council divided up responsilibyt and had authority to re-order those authorities. But caution that do now that you would open possiblity to open for other standing committees.
Generally best order to do in resolutin format. But Council retains authority for overall standing committees. But this re-ordering of committee powers is cleaning done thru legislation.
Cud u develop legislation for upcoming Fall session.
if look at Title 2, we are very specific and wat discovered in session is Trust Fund being spent left and right. and that from auditor. wat saying here is that for Council to kow what being spent and when that we have oversight authority. We are not re-ordering anything. For budget, with setaside and investment being discussed here that any expenditure of more than $1 million from Trust Fund come to Naabi.
if go with Gomez interpretation, then all power lies with B&F and annual budget would not come to Council.
But with power of Council reviewing annual budget, Council has power.
Under guise of investment, B&F has created Investment Committee to spend Trust money and know know that it’s being spent left and right.
Thot Ms Kahn going right way but she puts “however” in there.
This is budget session and when want to put restrictions on expenditures that is right of Council.
DELEGATE RUSSELL BEGAYE
Title 2, 5-B: word is coordinate, not approve. working presented by Delegate Tsosie – coordinate and review lies with B&F but approve is for Council. I want further opinion cuz B&F has no approval, like Title 2, 5, sections 15 and 18. I believe it’s being interpretated properly.
two sections regarding review & coordinate all investments of Navajo Nation and another one, 300 C-1:
I want to stay with amendment cuz it’s part of budget. It’s in order as stated by Legislative Counsel that Council bigger than Budget & Finance. Title 2 is not shield but for all committees to work together. And if Council sees need for reorganization then has power to do that.
Rules Delegate Tsosie’s amemdment out of order.
Delegate Tsosie challenges and Delegate Leonard Pete seconds Tsosie’s challenge.
impot for council to protect its power. to vote against challenge, allows Budget and Fince unfettered authority to spend Trust Fund. How many of you hvae been given information on what Budget and Finance doing. Thot only Permanent Trust Fund but all the other Funds being used.
The Investment Committee has abandoned Twin Arrows project and Twin Arrows unfinsihed. sign unfinished, gas station unfinished. no golf course.
And say when in budget season, if find problems with way Funds being used then no opportunity to question.
DELEGATE DANNY SIMPSON/Budget and Finance Committee member
Council says that with amendments that follow laws and policies and procedures but when want amendment, we go with own interpretation and accuse attorneys of no confidence.
Opinion made that proper process is go thru regular Council session but saying it’s okay to go outside laws and policies. I have no problem with this coming beore Council.
I support Speaker’s ruling that Delegate Tsosie’s amendment is out of order.
DELEGATE MEL BEGAY/Budget and Finance Committee member
amendment unrighteous especially when NDOJ and legislative counsel said another avenue. but point is that this about undermining committee process and get back at some council members.
If want to do that then let’s open the doors. let us review projects under approval of Resources & Development Committee. Let’s play that fairness. but if do that, it’s going to create animosity and begin in-fighting instead of allowing nation to grow.
DELEGATE KATHERINE BENALLY
Agree to do through regular Council session. Remember that pple approved Budget and Finance Committee’s investment into casinos. They didn’t say how much. It was the pple’s marching orders.
the amendment essentially defines the approval of the Naabi Committee thru an amendment in relation to budget sesson. Delegate Begaye said that to coordinate and review was not approval. But in line with making changes to Title 2 & 7, it’s been done thru Council regular sessions and by overstriking and underlining.
so amendment wud be proper if stated that “presented” to Naabi until actual legislation for approval process.
The concern brot forth raises concerns cuz $11 m appropriation from Permanent Fund for use by Controller is concren. that consulting budget of $1 m is a concern. antoher concern is trvel, $315,541. HOw much of that expense related ot committees. Travel is double that of standing committees.
Fund shall be audited within 90 days, by end of March each fiscal year and report distributed to Council and President. Are we in compliance? And needs to be independent audit.
Glad amendment made but I don’t believe proper venue for Naabi to approve. We are not in regular session and under Title 2 but the reason for amendment raises my concern.
DELEGATE LORENZO BATES/Budget and Finance Committee chairperson
If allow this to happen, and the committee and any of us feels that another committe oversteps and not right, that allows that simply by circumventing Title 2. That is what it will cause.
For example, Law and Order approved re-priortizing projects. Shiprock at top and then removed to bottom. I disagreed but respected decision. That committee has authority.
Navajo Council delegated each committee authority and Council delegates B&F and when lok back at B&F action, what did we do wrong? Where are we not getting return on dollars? Hear conflicting opinions on TWin Arrows that should have been given more to Twin Arrows. We chose to go in phases on approving funds for Twin Arrows.
Permanet Trust Fund also gives B&F authority.
DELEGATE RUSSELL BEGAYE
We’re not changing Title 2. by putting this in we are adding provision in management plan to investment plan. $1.2 billion is in Trust Fund and pple are asking how the Trust Fund is being used and that is their right.
All they ask if that they are informed on how Trust Funds are being used and return on investments.
For example, when we do cross commission agreement with sheriff/counties, Law and Order discusses but final approval comes from Budget and Finance. so we do allow these kinds of things.
We are talking transparency especially with people’s Trust Funds for veterans, handicap, scholarships, senior citizens.
This amendment pertains to Title 2 and Budget and Finance authority and asked Delegate Tsosie to draft legislation for council. This is only allowed in regular session.
appreciate opposing positions. appreciate Delegate Tsosie. in reading Title 2, itme B-2, to review and recommend budgeting, invstment, management. it sounds okay that what Delegate Tsosie asking for is harmless. But another section, gives B&F authority to expend funds: appropriate, review…all sources. So there B&F privilege to do what want with Investments. Both supported by Code.
so what’s not clear to me is what is out of order. so need more clarification from advisors.
VOTE AT 5:24 PM
Green for Tsosie, Red for Speaker
5 green, 14 reds so Challenge Fails