Objection filed to block reform

WINDOW ROCK, May 29, 2008

The speaker's office filed an official objection last week claiming President Joe Shirley Jr.'s government reform effort should not be allowed on the November ballot, even if enough signatures are gathered.

The objection was filed May 19 with the Navajo Nation Office of Hearings and Appeals. It is scheduled for a hearing tomorrow, May 30, at 9 a.m. The hearing is open to the public.

Shirley plans forums on reform initiative The president's office has scheduled a series of public forums in which the president will discuss his government reform initiative and address community concerns on the topic. Signature collectors will be present at the forums with petitions. The schedule includes: June 6, 10 a.m. to 3 p.m., Shiprock Chapter House. June 13, 10 a.m. to 3 p.m., Chinle Chapter House. June 20, 10 a.m. to 3 p.m., Tuba City Chapter House. July 4, 10 a.m. to 5 p.m., Window Rock fairgrounds. July 11, 10 a.m. to 3 p.m., Crownpoint Chapter House.

The three-page document challenges the government reform initiative proposed by Shirley, in which voters would be asked if the Navajo Nation Council should be reduced from 88 to 24 members, and if the president should have line-item veto power over spending measures passed by the council.

The initiative requires valid signatures of 16,000 tribal members registered to vote in order to appear on the ballot.

In his objection, Speaker Lawrence T. Morgan (Iyanbito/Pinedale) contends that initiative backers are incorrect in stating that a simple majority - 50 percent plus one - is needed to reduce the council size. And if voters do approve it, the council could vote to repeal the initiative, the objection asserts.

Shirley's position is backed by a recent legal opinion by the Navajo Nation attorney general - a Shirley appointee.

The Office of Legislative Counsel - Morgan's legal advisor - offered its own interpretation of tribal law, and insists such a change would require a supermajority, in this case a majority of voters in each precinct.

"The initiative petition is insufficient, as it states the incorrect vote requirement necessary for passage of the initiative," the objection states.

In addition, the objection states that the petition is incorrect in stating that, if passed, the changes can only be overturned by another voter initiative.

The initiative fails to state "that the initiative measures may be amended or repealed by a three-fourths vote of the full membership of the Navajo Nation Council at a regular session of the Navajo Nation Council," according to the legislative legal opinion.

Shirley did not seem surprised by Morgan's stance.

"This is what they used to dismiss the people's vote in 2000," he said Tuesday in an interview, referring to a similar referendum to reduce the council size.

However, that measure was different because it specified that a majority of voters in each precinct was required in order for it to take effect.

Attorney General Louis Denetsosie, in his opinion, said the 2000 effort required a supermajority because it originated as a referendum drafted by the council.

By contrast, Shirley is acting as a citizen, he said, and a citizen initiative would require only a simple majority, he stated.

"We feel that we have met the requirements," Shirley said. "But this is why the courts are here, to interpret our laws."

Shirley hinted that the issue will likely end up before the Navajo Nation Supreme Court.

"We feel good about it," he said of prospects for a favorable decision.

Morgan also is raising two technical objections: He claimed that Shirley's petition does not include the full text of his proposal for readers to review before signing.

In addition, the initiative covers two questions, while the tribal code says that a ballot measure must address a single question, Morgan argued.

However, at an organizational meeting for the petition signature drive held Tuesday night at the Diné Education Center in Window Rock, volunteers were instructed to be sure that each signature page is attached to a copy of the measure exactly as it will appear on the ballot, i.e., the full text.

And there were two separate ballot measures, one for the council reduction and one for the line-item veto.

About 40 volunteers attended Tuesday's meeting, less than one-third of the number recruited to gather signatures across the reservation, according to Patrick Sandoval, Shirley's chief of staff. About 3,500 people have signed the petitions so far, he estimated.

Backers have until July 31 to collect the needed signatures.

Back to top »