Council candidate disqualified for felony DWI conviction

The Office of Hearings and Appeals has disqualified Phillip Harrison Jr. as a candidate for Navajo Nation Council.

In a July 1 hearing, Chief Hearing Officer Karen Bernally ruled that Harrison could not run for reelection based on a 2009 conviction in San Juan District Court for aggravated DWI, a felony.

"He failed to disclose this fact to the Navajo Election Administration at the time he submitted his candidate application, although the standard forms clearly requested such vital information," Bernally wrote in her ruling.

Under Navajo Nation law, candidates for office cannot have a felony conviction within the past five years.

Council candidate JC Begay filed a complaint June 22 with the Navajo Board of Election Supervisors challenging Harrison's candidacy. In Begay's complaint, he cited five provisions of the tribal code on qualifications for the office that he claimed Harrison violated, along with citing Diné Fundamental Law.

Both men are among 10 candidates running to represent the new council district comprised of Beclabito, Cove, Gadii'ahi, Red Valley, Sheepsprings, Toadlena-Two Grey Hills and Tsé Alnoazt'i'í chapters.

The only other candidate to be challenged in a race this year is presidential candidate Joe Shirley Jr., who was disqualified May 26 based on the two-term limit in the Navajo Nation Code. A hearing before the Navajo Nation Supreme Court is scheduled tomorrow in that case.

Begay, Harrison and Ron Haven, who represented the Navajo Election Administration, were present at Harrison's hearing before OHA.

Leaders should present themselves as good role models for the communities they serve, Begay said in his opening statement.

Harrison called Begay's claims "erroneous" and "based on pure jealousy" and said this is the latest in harassment of him by Begay, whom he replaced as the council delegate representing Cove and Red Valley in 2002.

Then Harrison asked Bernally to issue a continuance, saying he had not received written notice to appear. Instead, he learned about the hearing in a June 28 phone call from Edison Wauneka, election administration director.

"I want due process. I'm going to request for continuance and seek legal counsel," Harrison said.

Bernally denied the request because the case questions candidacy and postponing a decision could delay the election process.

Upon denial of a continuance, Harrison then asked Bernally to issue her ruling so he could proceed with an appeal to the Navajo Nation Supreme Court if he was disqualified.

There were no objections raised.

Before issuing a decision, Bernally allowed Haven to question Virginia Nelson, a voter registration specialist in the NEA office in Shiprock.

Haven asked Nelson if she was aware of Harrison's conviction when he submitted his application June 11.

Nelson said her office bases candidate qualification on the information that the candidates write on their applications. Since Harrison did not list his conviction, there was no reason to disqualify.

"As a voter registration specialist, we are not to go beyond the face of the document to certify a candidate," Nelson said.

After Begay filed his grievance, Nelson received notarized copies of Harrison's conviction from the San Juan County Court in Aztec, N.M.

In addition to Nelson's testimony, Haven submitted a copy of Harrison's candidate application, a notarized sworn statement by Harrison declaring him legally qualified to hold office, and a list explaining the qualifications for office.

"That is handed to every candidate who will apply for council delegate," Haven said about the list.

Harrison questioned Nelson about the wording on the candidate application that asks if a candidate has been convicted of a felony. He asked Nelson to explain why this section does not refer to which court - tribal, state or federal - has issued the conviction.

Nelson said it is the responsibility of the Navajo Board of Election Supervisors to develop the applications, so she could not answer the question.

In his closing statement, Harrison said he did not list his conviction because a tribal court did not issue it.

After the meeting, Harrison said he was not disappointed with the ruling and that he might file an appeal.

"I did make a mistake," he said. "I did address the serious consequences and I have gone to the people and apologized."

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