Fireworks muted as Shirley faces council delegates

(Times photo - Leigh T. Jimmie)

President Joe Shirley Jr. gives his State of the Nation address at the Navajo Nation Council's winter session on Monday, Jan. 25.

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Considering it's been an eventful six months since President Joe Shirley Jr. and the Navajo Nation Council last talked to each other face to face, their first public exchange was almost uneventful.

That is, until one delegate asked for Shirley's resignation.

Shirley went before the council Monday, the first day of its winter session, to give his State of the Nation address. It was the first time he and the council had met publicly since the summer session in July.

The council scrapped a similar presentation in October when it instead met behind closed doors to discuss the president's involvement in two failed business dealings that cost the tribe millions.

Afterward, the council voted to place Shirley an administrative leave, which led to a legal battle that Shirley won when a Window Rock District Court judge ruled the council had exceeded its authority.

Shirley and the council also clashed over his voter initiative to reduce the council from 88 to 24 members, which finally went before Navajo voters Dec. 15. Shirley won that one too, with voters approving the reduction by a 3-2 margin.

Jerry Bodie (Sanostee) picked at that particular scab when he suggested that, according to Diné Fundamental Law, Shirley had voided his presidency when he presented his government reform initiative as a voter. Bodie recalled a quote from Shirley, saying he was presenting the plan not as the president, but as a voter.

"By your very own words, have you null and voided your presidency?" Bodie asked. "In our own Navajo tradition, you are not to slander your own self by arbitrary words. Once you take the oath of office, you cannot turn it on and off at your wish. I think we need to sit down and find out if you really did terminate your presidency."

Shirley responded that leaders do not lose their individual rights when elected, including voter rights.

"As an individual Navajo, we have the right to be a leader and a right to vote," Shirley said.

Bodie countered that elected officials do have separate rights.

"When you take the oath of office, you are on a higher pedestal," Bodie said. "You are no longer just a common person or a voter. The oath you take is very sacred. You cannot say, 'Today I will not be the president.'"

Bodie said for a president to act as a private citizen, as Shirley did in filing voter initiative petitions to reduce the council membership and expand presidential power is disrespectful towards the office he holds.

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"You have committed a breach of oath," Bodie said. "You should resign your position. As elected people, we are not common people."

Shirley suggested he and Bodie have different opinions on the matter.

"Everybody has a difference of opinion when it comes to politics," Shirley said. "I'm going to respect your opinion."

Focus on winter weather

Aside from that exchange, which came as delegates discussed Shirley's State of the Nation address, there was little in the way of visible fireworks.

Shirley focused on efforts to meet weather-related emergencies throughout the reservation as well updates on plans like the Desert Rock Energy Project, and a federal stimulus grant that will finance new jail construction. (See separate story)

Some delegates did chide the president for not saying more about the tribe's economic standing as the worldwide recession mopes into a second year.

"Basically, you updated us on various activities accomplished by your office," said Roy Dempsey (Oak Springs/St. Michaels). "I think we need to at least hear what the state of our nation is with this economic condition."

Most comments, however, addressed the snow emergency that started last week. The Navajo Nation declared a state of emergency Jan. 21 because of heavy snowfall that blanketed the reservation over several days, leaving snowdrifts as high as 4 feet in some chapters.

There was no direct mention of the Dec. 15 special election, and little talk of redrawing council districts to achieve the 24-member council approved by voters.

Amos Johnson (Black Mesa) commended Shirley on his efforts in dealing with the weather emergencies and suggested the president expedite any bill the council might pass sending emergency funds to the chapters. 

"You're doing good work with the emergency management team in these harsh weather conditions," Johnson said. "I'd like to ask that if a legislation is passed that you sign it right away and get the money out to the chapters."

Still, the room seemed tense.

Peterson Yazzie (Naschitti/Tohatchi) didn't get specific, but stressed that the president and council should work together and ease their differences.

"In order to accomplish the uniformity of our people, we need to sit down in this chambers to talk about these issue," Yazzie said. "For too long, we've heard leaders speaking separately from the media and other sources to get their message out."

Yazzie also questioned the tribe's rising legal bills, a reference to Shirley's hiring of outside counsel to argue for his reinstatement, as well as the council's decision to allocate $150,000 to a Leupp Chapter man who is challenging the special election.

"We have to answer to our people about why the various leaders are utilizing the different legal costs and how these burdens are addressing the needs of the people," Yazzie said.

Staff firings

Johnny Naize (Cottonwood/Nazlini/Tsé Lání) challenged the president's opening comment wishing the council a happy new year. Naize's wife was one of three staffers fired by Shirley when he regained the president's office just before the holidays after nearly two months on forced leave.

"I must totally disagree with you," Naize said. "We experienced a very harsh Christmas because of that."

Shirley responded that the terminations were a personnel issue and he could not discuss them.

Naize pressed on, pointing to the well-publicized eviction of 10 families from housing in Church Rock, N.M., after Christmas, and criticized Shirley for not reaching out to help them.

"You turned an about face on those families," Naize said. "The president's office should have intervened and made sure the families were well cared for. They were literally put out in the streets."

Shirley said statements about the evictions are premature, and that the affected parties should sit together and discuss the situation.

For the most part, the conversation between Shirley and the delegates was cordial.

Lorenzo Bedonie (Hardrock/Piñon) addressed the tribe's effort to obtain funding under the American Recovery and Reinvestment Act, which requires that projects be "shovel-ready." The tribe will need additional resources to ensure proposed projects meet that criteria when the funds arrive, he said.

"The problem we have is the same one we've had for many years - we are without our own design and engineering service," Bedonie said. "We don't have some of these proposals and designs ready. We may be missing the deadline to actually receive these funds at the local level."

Shirley admitted the tribe's personnel resources are limited, and said it's necessary to work with the resources on hand. The tribe could also look into using additional funds to recruit younger professionals into the field, he said.

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