Tom pursues veto override, plan to drain legal fund
By Jason Begay
Navajo Times
WINDOW ROCK, July 9, 2010
Tom is shepherding a bill through the council committees that would override Shirley's first use of the line item veto, a new power approved by voters in the Dec. 15 special election.
In June, Shirley used the line item veto to trim $5.6 million off a spending bill sponsored by Tom.
Tom had sought $5 million to give to the chapters for summer employment programs. The money would come from an unrelated source, the Contingency Management Fund administered by the tribe's Department of Justice. Tom's fellow delegates added several piggyback amendments to his bill, inflating the total price tag to $7.6 million.
Shirley vetoed all but $2 million earmarked for youth summer jobs, saying that the chapters have millions in unspent funds they could use for the purposes cited in Tom's bill, while the contingency fund is reserved for the tribe's unexpected legal costs.
Tom immediately announced plans to try and override the veto, and so far his override bill has sailed through the committee process with "do-pass" recommendations from both the Transportation and Community Development and Budget and Finance committees. The bill has one more stop to make, the Ethics and Rules Committee, before it is ready for the full council.
Although the agenda for the council's summer session - scheduled July 19-23 - has been set, Tom could present the bill during the first day and have it added to the agenda.
If the council approves the override, Shirley is expected to take the fight to court. Shirley has maintained that Navajo voters intended the line item veto to be override-proof, although the ballot language did not specify that.
Tom believes the distinction is an important one.
"The original initiative petition did say that (the line-item veto would not be subject to override), but it was taken out by the election (board) and (the ballot language) was agreed to by the president's initiative," Tom said. "So right off the bat, this can be overridden."
Neither Shirley nor his initiative committee agreed to the edited ballot language, but he did not challenge the Navajo Election Administration's decision to delete the paragraph referring to override.
Tom said if the original language barring an override had made it to the ballot, then he would have no grounds to present his bill.
"If this was in place, then I wouldn't be sitting here in front of you," he told the Budget and Finance Committee on Tuesday.
As it stands, the council has little choice but to challenge Shirley's veto, or it risks validating Shirley's claim that the law is override-proof, said Frank Seanez, chief legislative counsel.
"If the council does not try to override ... in the future the Supreme Court may rule that an override is not allowed under statutory or fundamental law," Seanez said.
Meanwhile, Shirley's office issued a press release July 5, stating that Tom's efforts will only result in even more unnecessary spending.
The president's office also disputed Tom's effort to say the chapters' need for money is an emergency, and referred to a June analysis by the Office of Management and Budget that found the chapters have more than $38 million in unspent funds.
Meanwhile, Tom has fresh plans to redirect the Justice Department's fund towards non-legal purposes, presenting a total of $6 million in new appropriations for the chapters. The money would be divided with $3 million slated for veteran services and $3 million for the public employment program.
The budget committee, however, voted not to recommend passage of either bill. Tom said he would abandon the new bills if Shirley's veto of his earlier bill is defeated.
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