PAST PRESENT AND

FUTURE

NAVA

J O N

A T I ON

L E GI S L A T I V

E P R OC E S S

HOW WE GOT HERE

Relations Between Executive and Legislative Branches

Initiative Story

Stipulations

Question Approved

The 88 became 24

GUIDING THE CHANGEShirley v. Morgan SC-CV-02-10 citing In Re Two Initiative Petitions Filed By Joe

Shirley SC-CY-41-08

When the existing Code was adopted a promise was made to Navajo People that the final form of government shall be decided by the Navajo People….only the Navajo People can determine the structure of their government.

The Council may not independently change Title II in that regard but must defer to the People.

IMPACT

So no structural change for this Council…it is to reorganize its existing powers of the legislative branch…no expansion or delegation

GUIDE TWO

Nelson v. Initiative Committee No. SC-CU-03-10 p.22

The 22 nd Council shall prioritize, develop and approve the reorganization plans as an initial order of business….

FIRST REGULAR SESSION

First Regular Session meets

and works long into the final statutorily mandated final day of the session—Friday, without a resolution for reorganizing.

The Council is facing going forward with no committee structure and business to be done…

FIRST REGULAR SESSION

Literally the 11th hour a draft of the Committee of the Whole concept that we had discussed at the beginning to the week was introduced.

Committee of the Whole

SPRING REGULAR SESSION

Next regular session comes in April….

takes most of that entire session to hammer out an agreed upon change based on discussions and work sessions held in the intervening months..

Product is CAP-10-11

WHAT WAS COMBINED

to understand the full scope of work the Delegates are now responsible for:

Public Safety/Judiciary = Law and Order

Res/Eco Dev/TCDC = Resources and Development

Health/Social Services/Education = Health Education and Human Services

Budget and Finance remains

Ethics and Rules, Gov’t Services/ IGR = Naabikityati Committee

in addition to infusing traditional concepts into legislative process

IS IT WORKING? ARE THE 24 DOING AS MUCH AS THE 88

What’s your measure?

Going by Requests for legislation : the 88 over four years requested 1043the 24 over three years requested 850

LEGISLATIVE WORKLOAD

Where 10 committees handled over 1000 proposed billsAnd no member served on more than one committee

Now five committees handle 850 and members serve on one committee but de facto 3 or 4 previous committee subject matters

LEGISLATIVE PROCESS

The Naa’bik’iyati Committee was established to introduce Navajo traditional decision making methods into the legislative process. The concept of meeting together to talk things through in an exploratory resolving manner was introduced to apply to all issues the Council felt warranted such a deliberative approach.

The Naa’bik’iyati Committee is made up of the entire Council and in the beginning there was often confusion as to which body was functioning. In addition it is charged with recommending the agenda for all Council sessions; so all legislation on its way to Council must be heard at Naa’bik’iyati Committee.

Its membership size made obtaining a quorom and maintaining it difficult.

LEGISLATIVE PROCESS

The agenda setting function could be assigned to another committee, to the Speaker’s Office thereby relieving the Delegate’s as a body of dealing twice with every bill.

Quorum, making it and holding it was problematic; this could be remedied by having membership composed of all Committee Chairs and Vice Chairs and Speaker as Chair of the Committee.

LEGISLATIVE PROCESS

The addition of public notice, originally five days now four, adds time to the legislative process in an effort to make public input a viable part of law making.

The end of the wait period doesn’t always coincide with the next committee meeting date.

In essence a trade off with favor to public notice and input.

FROZEN IN TIMEDelegate’s receive a salary that was set in 1989 at $25,000 p/yr.

Political “hot potato” to get increased. There is an elaborate meeting compensation matrix developed to provide additional revenue’s to the Delegates.

A straightforward salary that is commensurate with the responsibilities of the office and a clear open system of reimbursement of related expenses is an essential step in maintaining the integrity of the institution

CONSTITUENT SERVICES WORKLOAD

Where 110 Chapters were represented by 88 Delegates , Chapters becoming used to having a Delegate at their immediate call and attending all meetings at the Chapter level…..

Now 24 Delegates represent the same number. With some Delegates representing 7 Chapters

AN OUTCOME

Experienced conscientious delegates will have burn-out from the geographically overextended responsibilities of the office and/or inability to deal with expense of the job…compounded by the stresses of political competition….

FUTURE CONSIDERATIONS

Increase the Council to 48

FUTURE CONSIDERATIONS

Establish a 48 member Navajo Nation Council drawn on same districting lines and require election of two delegates from each District and law one shall be male and one female

24 Women And 24 Men