Title II Reform Act of 2012

Navajo Nation

Title II Reform Act of 2012

CJA -03 -13

RESOLUTION OF THE

NAVAJO NATION COUNCIL

22nd NAVAJO NATION COUNCIL - Third Year, 2013

AN ACTION

OVERRIDING THE NAVAJO NATION PRESIDENT'S VETO OF NAVAJO

NATION COUNCIL RESOLUTION CO-45-12

BE IT ENACTED:

The Navajo Nation hereby overrides the Navajo Nation

President's veto of Resolution CO-45-12. President's

memorandum on the veto and CO-45-12 attached hereto as

Exhibit "A."

CERTIFICATION

hereby certify that the foregoing resolution was duly

considered by the Navajo Nation Council at a duly called

meeting at Window Rock, Navajo Nation (Arizona), at which a

quorum was present and that same was passed by a vote of 20

in favor and 0 opposed, this 29'" day of

nuary, 2013.

Na:%e, Speaker

a Nation Council

/ 13

Date

Motion! Honorable Walter 1he2ps

Second: Honorable Jonathan Sale

CO-45-12

TITLE 2. NAVAJO NATION GOVERNMENT

CHAPTER 3. LEGISLATIVE BRANCH

SUBCHAPTER 2. NAVAJO NATION COUNCIL MEETINGS

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§ 101. Establishment

A. There is hereby established the Legislative Branch of the Navajo Nation government. The

Legislative Branch shall consist of the Navajo Nation Council and any entity established under

the Navajo Nation Council.

B. This §101(A) shall not be amended unless approved by a majority of all registered Navajo

voters through a referendum.

§ 102. Powers; Composition

A. The Navajo Nation Council shall be the governing body of the Navajo Nation and shall

consist of 24 delegates. This §102(A) shall not be amended unless approved by majority vote of

all registered voters in all precincts.

B. All powers not delegated are reserved to the Navajo Nation Council.

C. The Navajo Nation Council shall supervise all powers delegated.

D. The Navajo Nation Council shall have all powers to discipline and/or regulate the conduct

of its members, until provided otherwise.

E. The Navajo Nation Council shall have the authority to promulgate rules, regulations and

procedures for the conduct of its meetings and that of its committees.

F. The Navajo Nation Council shall confirm the appointments of all division directors upon

recommendation from the appropriate oversight committee. The President shall present the

appointments at the next Navajo Nation Council session following the date the appointments are

made.

G. The Navajo Nation Council shall establish standing committees of the Council and

delegate such authority to such committees as it deems necessary and proper for such committees

to execute the purposes or powers delegated.

§ 103. Qualifications

No person shall serve as a delegate to the Navajo Nation Council unless he or she is an

enrolled member of the Navajo Nation above the age of 25.

§ 104. Incompatible Service

A. No person shall serve as a delegate if he or she is in the permanent employment of the

United States or any state or subdivisions thereof; nor shall an elected official of the United

States or the several states thereof serve as a delegate. This Section shall not apply to service on

a school board or elective county office.

B. No person shall be eligible for election to the Navajo Nation Council if that person is

permanently employed or an elected official as described in §104(A).

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C. If any delegate, after his/her election, enters such service, the delegate shall immediately

forfeit his/her office as a Council Delegate.

D. No Council Delegate shall engage in the private practice of law while serving as a Navajo

Nation Council Delegate.

§ 105. Term of Office

A. Each delegate to the Navajo Nation Council shall serve for a term of four years.

B. A delegate shall not be limited in the number of terms he or she may serve.

§ 106. Compensation of Council Delegates

A. Delegates shall be compensated by an annual salary of twenty-five thousand dollars

($25,000) per year. All Council delegates shall be paid bi-weekly. A salary increase may be

approved by the Navajo Nation Council but shall not become effective unless ratified by twothirds (2/3) of all Navajo Nation Chapters within 120 days of approval by the Navajo Nation

Council. The provisions of this Section shall not apply to mileage payments, per diem payments,

deferred compensation benefits or any other payments or benefits which are separate from the biweekly base salary established in this Section.

B. Delegates attending a Navajo Nation Council meeting or their respective committee

meetings may receive sixty dollars ($60.00) per diem for each day official business is conducted

and mileage reimbursement for use of a private vehicle at the rate established in the Navajo

Nation Travel Policy and Procedures Handbook, and amendments thereto. Chairpersons of

Committees may receive as compensation for extra time spent by the Chairperson beyond

meetings to execute committee business eighty dollars ($80.00) per diem for each committee

meeting day.

C. For every week of a session of the Navajo Nation Council, delegates shall be paid mileage

equal to one round trip to Window Rock from their residence and return, according to the official

mileage chart of the Controller.

D. For each complete committee meeting delegates to the Navajo Nation Council shall be

paid mileage equal to one round trip to Window Rock, from their residence and return, according

to the official mileage chart of the Controller.

E. Full per diem shall be paid only for attendance of at least three hours of meeting or until

all agenda items are concluded.

F. Delegates, or their beneficiary in the event of death, are paid a deferred compensation

benefit when they leave office.

§ 107. Advances to Council Delegates

A. Temporary travel advances to a Council Delegate, not to exceed the reasonable expected

cost and expenses of authorized travel, may be made by the Controller upon written

authorization of the Speaker of the Navajo Nation Council.

B. Claims for reimbursement of travel expenses shall be submitted to the Controller promptly

upon completion of travel. Travel advances outstanding at the time reimbursement claims are

submitted shall be deducted from the amount being claimed.

C. Salary advances to a Council Delegate, not to exceed fifteen thousand dollars ($15,000)

during any bi-weekly pay period, may be made by the Controller (or designee).

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D. Salary advances made to a Council Delegate during any bi-weekly pay period shall be

deducted in amounts not less than fifty dollars ($50.00) from his or her bi-weekly pay, unless

larger deductions are authorized in writing by the individual Council Delegate.

E. The Navajo Nation shall have the right to deduct from any and all moneys or other credits

which the Navajo Nation owes to any Council Delegate receiving an advance under this Section,

an amount equal to the total funds advanced at any time within 30 days prior to the expiration of

the Council Delegate’s term of office, or at any other time after the Council Delegate leaves his

or her office for any reason whatsoever, whether voluntary or involuntary.

F. The balance of any travel or salary advance not cleared within 30 days from the date of

issue shall, at the Council Delegate’s election, either be deducted from the Council Delegate’s

next bi-weekly pay or be assessed interest at a rate of 1.2% per annum. The balance of any travel

or salary advance outstanding at year end shall be deducted from any and all moneys which the

Navajo Nation owes to the Council Delegate. These deductions shall not be made from Deferred

Compensation balances or payments.

§ 108. Group Insurance

A. Navajo Nation group insurance shall be provided for Navajo Nation Council Delegates

and their dependents.

B. The Navajo Nation shall pay a percent of the insurance premium as its contribution.

§ 109. Tax Declarations and Returns; Deductions

A. Each delegate to the Navajo Nation Council is a common law employee of the Navajo

Nation for federal employment tax purposes.

B. The Controller of the Navajo Nation shall make deductions in the proper amounts from

the salaries of the delegates to the Navajo Nation Council for federal income tax and social

security income withholding.

C. Excluded from participating in the Navajo Nation Personnel Policy are the elected

officials, public boards, volunteer, and any other contractual services agreements to provide

services to the Navajo Nation Government.

§ 110. Definitions

The following definitions apply in this Chapter:

A. Agency generally means a division or unit of a government or other organization. When

used to refer to the geographic divisions of the Navajo Nation it means the collection of Chapters

in each of the five geographic divisions: Chinle Agency, Eastern Agency, Fort Defiance Agency

Northern Agency, Western Agency.

B. Associated Amendments means to alter, change, add or modify an existing agreement,

subcontract, or Letter of Assurance Agreement listed in 2 N.N.C. §164(B)(1).

C. Budget resolution is a resolution passed by the Navajo Nation Council appropriating

funds pursuant to 12 N.N.C. §800, et seq.

D. Chapter, as stated in 26 N.N.C. §2(6), means units of local government which are

political subdivisions of the Navajo Nation.

E. Comment period means calendar days in which proposed resolutions are posted on the

Navajo Nation Council’s website and available for submission of written comments by Chapter

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governments and departments or divisions of the Navajo Nation government. The comment

period shall begin to run at midnight of the day a resolution is introduced into the legislative

process.

F. Confidential matter means a matter which violates the Navajo Nation Privacy and

Access to Information Act or whose unauthorized disclosure could be prejudicial or detrimental

to the legal or financial interests of the Navajo Nation government or its entities. The Navajo

Nation Department of Justice shall determine what matters qualify as confidential. Matters

determined to be confidential shall not be released without the written approval of the Attorney

General or his designee.

G. Coordinate means to combine efforts on a common action to produce harmonious actions

and results.

H. Financial impact means any agreement that obligates the Navajo Nation to expend funds

no matter what the sources of the funds, or provides funds to the Navajo Nation.

I. Iiná is the part of the process of Nitsáhákees-Nahat’á-Iiná-Siihasin to collaboratively

make and implement a decision, which must be dynamic and vibrant to accomplish effective and

efficient outcomes, for sustaining life, in a constant cycle of examining and analyzing issues for

growth and development.

J. Intergovernmental agreements are agreements between the Navajo Nation and another

government that involve the sharing of governmental powers, and includes Indian SelfDetermination and Education Assistance Act (P. L. 638) contracts. Intergovernmental

agreements do not include agreements between the Navajo Nation and another government

where the Nation or the other government acts in a landowner or commercial capacity.

K. Legislation generally means the action of legislating or the enactments of a legislative

body. As used in 2 N.N.C. §164, it means the enactment of laws or amendments to laws by the

Navajo Nation Council.

L. Letter of Assurance means a letter sent to another party in lieu of a bond or other surety

assuring the receiver that the sender will perform its contract obligations.

M. Local Government Unit means political subdivisions of the Navajo Nation including,

Chapters, Townships, or other municipal forms of government for the purpose of 2 N.N.C §500

to §503.

N. Memorandum of Agreement (MOA) means a binding written agreement between two or

more parties to cooperatively work together to resolve an issue of mutual concern, or to

accomplish one or more agreed upon projects or one or more mutual purposes. An MOA lays out

the ground rules for a positive cooperative effort. It may be used between the tribal government

and a private individual or entity, or between the central government and local governance

certified chapter of Navajo Nation Township, and is legally enforceable.

O. Memorandum of Understanding (MOU) means a non-binding written agreement

between two or more parties indicating an intended line of action where the parties agree to act

in good faith to comply with the terms. It may be used between the tribal government and a

private individual or entity, or between the central government and a local governance certified

chapter or Navajo Nation Township, and is not legally enforceable. Agreements between tribal

divisions, agencies, programs and non-certified chapters are not MOUs for purposes of 2 N.N.C.

§164(B) and may be executed by the appropriate division.

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P. Nahat’á is a part of the process of Nitsáhákees-Nahat’á-Iiná-Siihasin to strategically plan

while utilizing Diné bibeehaz’áanii Bitsé Siléí (foundation of Diné law), statutory laws, informed

research and public input (through use of the Naabik’íyáti’ process) in a constant cycle of

examining and analyzing issues for growth and development.

Q. Nitsáhákees is the part of the process of Nitsáhákees-Nahat’á-Iiná-Siihasin which

involves critical thinking, and more broadly, to give direction and guidance to the issue at hand,

in a constant cycle of examining and analyzing issues for growth and development.

R. Oversight means to monitor and review a programs’ or entities’ execution of legislation,

regulations, and policies related to the program or entity or affected subject area. In comparison,

legislative oversight is more limited and means to assist programs or entities to efficiently carry

out their duties by ensuring adequate funding and ensuring that their governing authority is

effective.

S. Reallocations are redesignations of appropriated or budgeted funds from one account to

another account or to a newly-created account for a different use or purpose.

T. Resolution, which is a form of legislation, means a formal action of the Navajo Nation

Council or its Committees adopting its approval of or stating its opinion on a matter.

U. Positive law means legislation by the Navajo Nation Council that creates or amends a

section or sections of the Navajo Nation Code.

V. Siihasin is the part of the process of Nitsáhákees-Nahat’á-Iiná-Siihasin to ensure

resilience through evaluation of decision-making and outcomes in a constant cycle of examining

and analyzing issues for growth and development.

W. Statements of Policy are written statements submitted to federal, state or local

governments, by a Navajo Nation official stating the official position of the Navajo Nation on

proposed legislation or other action by that government.

X. Subcontract means a contract that delegates some or all of the responsibilities of an

existing contract to another party to perform. The original contractor retains ultimate

responsibility for performance of the underlying contract including any responsibilities delegated

to a subcontractor.

§ 161. Place

A. All regularly scheduled or special sessions of the Navajo Nation Council shall be held at

the Navajo Nation Council Chambers located at Window Rock, Navajo Nation (Arizona) with

the following exceptions:

1. If the Chambers in Window Rock are unsuitable for meeting, because of fire, physical

damage, remodeling or other cause the Speaker may designate an alternate meeting place in

Window Rock, and give reasonable notice to all Council Delegates.

2. A majority of all Council Delegates may agree to hold a meeting in some location in

Window Rock other than the Chambers. Such agreement may be by written petition or by

motion at any regular or special session of the Navajo Nation Council.

§ 162. Number; Time; Duration

A. There shall be four regular sessions of the Navajo Nation Council each year. Such sessions

shall commence at 10 a.m. on the fourth Monday of January, and the third Monday of April, July

and October of each year.

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B. Special meetings of the Navajo Nation Council may be called upon reasonable and timely

notice to all Council Delegates, by the Speaker of the Navajo Nation Council acting on written

petition of a majority of all Council Delegates or request by written message from the President.

C. The duration of each session shall be no more than five working days. Each meeting day

of the Navajo Nation Council shall be for a minimum of six hours each day of the session or

upon completion of the agenda items.

§ 163. Agenda

A. The Navajo Nation Council shall adopt an agenda in accordance with written rules and

procedures established by the Navajo Nation Council. In the absence of the adoption of new

rules and procedures by an elected Council, the rules and procedures of the last Council shall be

used until amended or rescinded.

B. The agenda shall allow for inclusion of a consent schedule which is a listing of resolutions

which will likely be approved by unanimous consent of the Delegates in attendance. The consent

schedule shall be developed by the Speaker. Upon request by any Delegate, and item on the

consent schedule shall be moved to the regular schedule on the agenda. The Speaker shall move

any item on the consent schedule which receives more than five (5) minutes of debate or

questioning to the regular schedule on the agenda.

C. Once an agenda is adopted, it shall be amended only by two thirds (2/3) vote of the

Council.

§ 164. Navajo Nation Council and Committee Legislative Process

A. Statements of policy, enactment of positive law, intergovernmental agreements, budget

resolutions, and reallocations, must be reviewed and approved by resolution by the appropriate

standing committee (s) and the Navajo Nation Council except as otherwise provided herein.

1. Except for statutorily enumerated situations as set out in 2 N.N.C. §164(A)(16), only

Council Delegates or Standing Committees may introduce a proposed resolution to the

Standing Committee(s) and the Navajo Nation Council, except where Navajo government

employees are authorized by statute or regulation to introduce a proposed resolution. The last

day for consideration of resolutions shall be December 31st of the year immediately preceding

the swearing in of the new Council. Council delegates, standing committees, and other Navajo

government employees who are statutorily authorized to introduce proposed resolutions, may

seek the assistance of either the Office of Legislative Counsel or other legal counsel employed

by the Navajo Nation to draft proposed resolutions. The Office of Legislative Counsel shall

ensure that the proposed resolution is drafted in a proper codified format before it is assigned a

number and introduced into the legislative process. The Office of Legislative Counsel shall

notify the Council by memorandum of the legal sufficiency of each proposed resolution.

2. Expressions of condolence, congratulations, appreciation, recognition of achievement

and other similar expressions of sentiment shall be processed as memorials of the Navajo

Nation Council or its standing committees but shall be issued by certificates from the Speaker

of the Navajo Nation Council at the written request of any Council Delegate and in the manner

set forth at 2 N.N.C. §285(B)(7).

3. After the proposed resolution is deemed properly drafted by the Office of Legislative

Counsel, the council delegate(s), standing committee(s) or authorized employee(s) shall

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present it to the Director for the Office of Legislative Services, or designee, who will assign a

number to the proposed resolution.

4. All resolutions proposing new laws or amendments of laws shall clearly indicate new

language by underscoring the new language and deletion by overstrike and shall refer to

appropriate Navajo Nation Code chapter or subchapter and sections with applicable. All

proposed resolutions enacting new laws, amending existing laws, or adopting a statement of

policy shall include version identification and may be read in its entirety to the members of the

Navajo Nation Council at the request of a Delegate. The exhibits attached to the proposed

resolutions shall be identified by reference only.

5. After the the proposed resolution is assigned a number, the Speaker of the Navajo

Nation Council shall introduce it into the legislative process by assigning it to the respective

oversight committee(s) of the Navajo Nation Council having authority over the matters for

proper consideration and distribute a digital copy, including copies of exhibits, of the proposed

resolution to the Office of the President, Office of the Attorney General, Office of the

Controller, Office of Management and Budget, and all Executive Branch Division Directors.

6. No later than the first calendar day after the proposed resolution is introduced into the

legislative process, the Director for the Office of Legislative Services, or designee shall cause

digital copies of the resolution to be placed on the Council’s website. Exhibits attached to the

resolution shall not be posted on the website, but digital copies of the exhibits, where

practicable, shall be provided upon request to the Office of Legislative Services. Any matters

or exhibits determined by the Navajo Nation Department of Justice to be confidential shall be

properly marked “confidential” and shall not be placed on the website or otherwise released.

Digital copies of resolutions and exhibits shall carry a notice to the effect that the digital copy

is being produced for the benefit of the Navajo Chapters and public and any political use is

prohibited.

7. A Chapter government may also provide comments to the proposed resolution

through a properly delegated elected official or through a certified chapter resolution. The

Executive Branch Division Directors and Chapter government, at their own option, shall have

5 calendar days to submit comments on proposed resolution to the Executive Director for the

Office of Legislative Services. After receiving comments, the Executive Director for the Office

of Legislative Services, in consultation with Chief Legislative Counsel, shall cause the analysis

of the resolution, with appropriate references to comments received. The analysis may include

comments to be affixed to the proposed resolution for consideration by the standing

committee(s) and the Council. Such analysis shall not constitute legal advice and be used to

promote a better understanding of the resolution.

8. Following the expiration of the public comment period, the proposed resolution shall

be forwarded to the Chairperson of the appropriate standing committee and the Chairperson

shall place the proposed resolution on committees’ agenda for consideration by the standing

committee at the next committee meeting. The Chairperson may also include an assigned

memorial on the agenda. Action by the committee shall be in a written report and submitted to

Council or another authorized committee.

9. A proposed resolution that requires final action by the Navajo Nation Council shall be

assigned to standing committee(s) having authority over the subject matter at issue and the

Naabik’íyáti’ Committee. The resolution or memorial shall be submitted to the Naabik’íyáti’

Committee with amendments and committee reports. The Naabik’íyáti’ Committee may

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develop proposed amendments to the Council or may refer a resolution or memorial back to the

appropriate standing committee(s).

10. An amendment approved by a Committee shall be included in the proposed

resolution. A failed amendment may not be introduced at a Council session unless a Delegate

obtains a written petition in support of the amendment signed by a majority of the members of

the Council. An amended legislation need not be re-distributed pursuant to §164(A)(5).

11. A legislation that was tabled by a committee with final approval authority over the

matter shall remain with the committee until removed from table status. A legislation that was

tabled by a committee without final approval authority over the matter shall move forward to

subsequent assigned committee(s) or Navajo Nation Council.

12. A legislation that does not receive sufficient vote for passage by a committee with

final approval authority over the matter shall be deemed permanently eliminated from the

agenda of the Committee. A legislation that does not receive sufficient vote for passage by a

committee without final approval authority over the matter shall move forward to the

subsequent assigned committee(s) or Navajo Nation Council for action. If the voting results of

the committee with final approval authority over the legislation are different from the voting

results of the other committee to which legislation was assigned, the legislation shall be

referred to the Naabik’íyáti’ Committee for final action, notwithstanding any other delegations

to other committees of final approval authority.

13. The resolution shall be put on the proposed agenda for a session of the Navajo Nation

Council as recommended by an assigned committee. Resolutions submitted for the Council’s

session agenda shall, to the extent possible, be listed in the order received, except those

resolutions requiring 2/3 vote or those resolutions included in a consent listing.

14. All resolutions appointing public officials and significant or controversial resolutions

may be referred to the Naabik’íyáti’ Committee for discussion prior to being certified or

enacted at the discretion of the Speaker, by referral from a standing committee having final

legislative authority, or by the written request of a Delegate who is not a member of the

standing committee which considered such resolution. The Committee may refer a resolution

back to the appropriate standing committee(s) for further consideration.

15. After a resolution has completed the process and procedures of this section, it shall

automatically be placed on the next Navajo Nation Council agenda. The Speaker shall publish

the final proposed agenda on the Navajo Nation Council website no less than three (3) calendar

days prior to the start of regular sessions and no less than one (1) calendar day prior to the start

of special sessions. All verbal and written reports shall be presented to the Council only on the

first day of the regular sessions, unless otherwise directed by the Speaker or the Council.

16. Matters constituting an emergency shall be limited to the cessation of law

enforcement services, and disaster relief services, fire protection services or other direct

services required as an entitlement under Navajo Nation or Federal law, or which directly

threaten the sovereignty of the Navajo Nation. Such an emergency matter must arise due to the

pressing public need for such resolution(s) and must be a matter requiring final action by the

Council.

17. All resolutions enacting new laws or amending existing laws are subject to veto by

the President of the Navajo Nation pursuant to 2 N.N.C. §1005(C)(10) and (11) and override

by the Navajo Nation Council, except financial line-item vetoes are not subject to override. A

vetoed resolution shall first be submitted to Naabik’íyáti’ Committee before consideration by

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the Council. Memorials are not subject to veto but become effective upon certification by the

Speaker pursuant to 2 N.N.C. §221(C). All acts of the vetoing the resolution shall occur within

the territorial jurisdiction of the Navajo Nation as described in 7 N.N.C. §254.

B. Agreements not requiring Committee or Council approval.

1. Subcontracts implementing agreements approved under §164(A) above, grants

providing funds to the Navajo Nation, contracts expending funds appropriated by the Navajo

Nation Council, Letter of Assurance agreements, memoranda of understanding, memoranda of

agreement and other agreements that do not expend funds, associated amendments shall not

require approval by the Navajo Nation Council or its committees.

2. Prior to final execution as provided in 2 N.N.C. §222, documents not requiring

approval by resolution of the Navajo Nation Council or its committees shall be reviewed and

signed by the following:

a. The appropriate Division Director for departments and activities under his or her

supervision;

b. The Controller (or designee) for all documents having a financial impact on the

Navajo Nation;

c. The Director of the Office of Management and Budget (or designee) for all

documents having a financial impact on the Navajo Nation; and

d. The Attorney General of the Navajo Nation (or designee).

§ 166. Record of proceedings; interpreters; access to records

A. Proper records of the proceedings of the Navajo Nation Council and all standing

committees, boards and commissions shall be kept and the necessary interpreting services shall

be provided by the Office of Legislative Services.

B. Access to records of the proceedings of the Navajo Nation Council, standing committees,

boards and commissions shall be provided to the public through the Office of Legislative

Services and the Central Records Department.

§ 167. Failure to attend

All delegates to the Navajo Nation Council shall attend all regular and special meetings of the

Navajo Nation Council or Committees. If any delegate is absent from sixty percent (60%) of the

meeting days within a one year period, the Navajo Nation Council may consider a motion to

censure said delegate. If his/her absence continues, the Navajo Nation Council shall have the

authority to declare the delegate’s seat forfeited and vacant.

§ 168. Sergeant at Arms; appointment; duties

A. The Director of the Division of Public Safety shall designate a member of the Navajo

Nation police force to fill the post of Sergeant at Arms.

B. The Sergeant at Arms shall maintain order under the direction of the Speaker or Presiding

Chairperson of the Navajo Nation Council or Committees and shall make appropriate

arrangements for maintenance of law and order during Council and Committee sessions.

§ 169. Quorum

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A. A quorum shall consist of a simple majority of all voting members of the Navajo Nation

Council.

B. No Resolution, memorial or motion of the Navajo Nation Council or its Standing

Committees shall be voted on unless a quorum is present. When a quorum is present, any motion

or resolution shall be passed if it receives a majority of all votes cast in favor or opposed, unless

a larger proportion than a simple majority is required by law. Abstention vote may be cast only

when a delegate has a personal interest conflict in the motion of the Council or Standing

Committee upon a prior request of the Delegate with the conflict. Only a vote in favor and

opposed shall be accepted. Any delegate who intentionally fails or refuses to cast a vote shall be

declared absent from the entire meeting, unless otherwise excused by the Speaker of the Navajo

Nation Council.

§ 180. Appointment

Each delegate to the Navajo Nation Council shall be appointed to no more than one standing

committee as a regular voting member. This shall not apply to the Naabik’íyáti’ Committee.

§ 181. Membership

A Committee shall have at least one member from each of the Agencies of the Navajo Nation

as defined in 2 N.N.C. §110(A). The Speaker shall select Committee membership subject to

confirmation by the Navajo Nation Council. Vacancies shall be filled by the Speaker.

§ 182. Term of Office

Committee members shall serve a term of office coinciding with their term of office as

delegates of the Navajo Nation Council.

§ 183. Meetings; quorum

A. All meetings of the Navajo Nation Council committees or commissions shall be held in

Window Rock, Navajo Nation, (Arizona). For a meeting to be deemed to have been held, each of

the following acts shall occur: a quorum is present, and agenda is adopted, substantive actions

(approval, disapproval or table) are taken, and per diem and round trip mileage are paid to

committee members or commissioners. Meetings shall not mean work sessions, workshops,

orientations, training and business meetings with Navajo or non-Navajo entities, therefore, no

meeting per diem payment for work sessions, workshops, etc. shall be paid. See 2 N.N.C. §106.

Meetings held elsewhere within the Navajo Nation shall be by written permission of the Speaker

of the Navajo Nation Council, provided that funds are available. No meetings shall be held

outside the Navajo Nation unless by written permission of the Speaker of the Navajo Nation

Council, provided that funds are available; and further provided that the meeting is with a

legislative body of another sovereign.

B. Committee and commission meetings shall be for a minimum of three hours for each

meeting day and such meetings shall be for at least two days each month. No compensation, per

diem and mileage shall be paid unless these requirements are met. Special meetings may be held

only if the following conditions are met:

1. Funds are available within the approved annual budget for additional meetings; and

2. The Speaker of the Navajo Nation Council approves such meetings; and

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3. Notice of the meeting is posted on the Navajo Nation Council website at least one (1)

calendar day before the meeting.

C. When a Committee is authorized by law to hold hearings as a quasi-judicial body, the

restrictions on meeting days per month and minimum hours for meetings shall not apply to said

hearings.

D. Until the Navajo Nation Council adopts uniform rules for conduct of Committee meetings,

the Committees may adopt their own rules for conduct of meetings.

E. Quorums for committees, boards and commissions shall be a simple majority of the

membership of the committees, boards, and commissions. A quorum shall be required to

commence a standing committee meeting and for any vote affecting a resolution. Quorums shall

not be required for the hearing of reports by standing committees. Reports may be accepted by a

simple majority of the membership of the standing committee present.

F. No committee or commission meeting shall be held while the Navajo Nation Council is in

special or regular session except to consider a matter which is already a part of the agenda for the

Council session then in progress and for which committee or commission action is a legal

condition precedent to action by the Council. Nor shall the Speaker approve travel for any

member of the Council which is to take place during a special or regular session of the Council

except when such travel is to conduct a meeting with, or to give official testimony to, the

government of another sovereign.

§ 184. Chairperson; Vice Chairperson; Chairperson Pro Tem

A. The Chairperson and Vice-Chairperson of committees shall be selected by vote of the

committee.

B. At any committee meeting where the duly appointed Committee Chairperson and ViceChairperson are absent, the majority of those committee members present may select a Pro Tem

Chairperson to conduct the committee meeting; the Pro Tem Chairperson shall retain the power

to vote.

C. The Chairperson of the committee or in his or her absence the Vice-Chairperson shall vote

only in the event of a tie vote by the regular voting members except when the resolution requires

a two-thirds (2/3) majority vote, then the presiding Chairperson may vote on the matter

regardless of a tie vote.

§ 185. Powers

A. Subject to existing funding or contract requirements, the committees, Chapters, boards or

commissions may reallocate funds appropriated by the Navajo Nation Council to the committees,

boards and commissions and to divisions, departments and programs over which the committees

have oversight authority, provided that funds are determined available by the Controller; further

provided that such reallocation is upon the request of the affected division, department or

program and further provided that reallocation of funds is by two-thirds (2/3) vote of the full

membership of the committee, board or commission.

B. The committees, boards and commissions shall have the power to subpoena and acquire

from any executive department, bureau, agency, board, commission, office, independent

establishment or instrumentality, information, suggestions, estimates, and statistics necessary for

execution of the purposes and authorities. Each such department, bureau, agency, board,

commission, office, establishment or instrumentality is authorized and directed to furnish to the

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extent permitted by law such information, suggestions, estimates and statistics directly to the

committee, board or commission upon request by the chairperson.

C. The committees, boards and commissions may, for the purpose of carrying out purposes

and authorities, hold such hearings and shall have the power to subpoena the attendance and

testimony of such witnesses and the production of books, records, memoranda, papers and

documents as deemed advisable.

D. Any member of the committee, board or commission may administer oaths or affirmations

to witnesses appearing before the Committee, board or commission.

E. Committees shall coordinate with one another where areas of authority and responsibility

overlap.

F. Subpoenas and orders may be enforced by the courts of the Navajo Nation by means of

civil enforcement of committee action. A committee, by the Attorney General, may apply to the

District Court of the Window Rock Judicial District for an order to enforce any committee

subpoena.

§ 186. Subcommittees

Each committee may establish subcommittees consisting of committee members selected by

the committee. The subcommittee shall exist until it assigned tasks are completed and report and

recommendation is made to the committee. The same provisions which apply to committee

meetings shall also apply to subcommittee meetings.

§ 187. Joint Committee meetings

A. Standing committees of the Navajo Nation Council may convene joint meetings to address

issues where there authority and responsibility overlap. The same provisions that apply to

committee meetings including, but not limited to, committee uniform rules of order shall also

apply to the joint committee meetings.

B. Joint committee meetings shall be held when:

1. Funds are available within the approved annual budget for each standing committee

account wanting to participate in the joint meeting;

2. The chairpersons of the standing committees wanting to participate in the joint

meeting shall request the joint meeting.

3. Each standing committee participating in the joint meeting shall have a quorum of its

members present at the joint meeting; and

4. The meeting is approved by the Speaker of the Navajo Nation Council and notice of

the joint meeting posted on the Council’s website twenty-four (24) hours in advance of the

joint meeting.

C. Substitute action may be taken in joint committee meetings as provided in §189 of this

Title and as agreed to by the joint committees as follows:

1. Each committee may make substantive decisions individually; or

2. The committees may make substantive decisions by joint action provided that such

action is by two-thirds majority vote of the combined membership present at the joint meeting.

D. The presiding Chairperson for the joint committee meeting shall be selected by the

committee members present from among the chairpersons of the standing committees

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participating in the joint meeting; if only one Chairperson of the standing committees

participating in the joint meeting is available, said Chairperson shall automatically preside over

the joint meeting. If a Chairperson of any standing committee is not present, the ViceChairperson of such standing committee can be selected to preside over the joint committee

meeting. If all the Chairpersons and Vice Chairpersons of all the standing committees that are

participating in the joint meetings are absent, the committee members of the joint meeting shall

select anyone of the committee members present to preside over the entire joint meeting.

§ 188. Reports

All committees, boards and commissions of the Navajo Nation Council shall report quarterly

and in writing to the Navajo Nation Council concerning their areas of oversight.

§ 189. Committee actions

A. All substantive actions shall be by written resolution duly certified by the presiding

officer, setting forth the action taken and signed by the presiding officer. Resolution and

memoranda shall be identified by a number and filed with the Records Management Department

of the Navajo Nation.

B. Committee directives shall be limited to matters under such Committee’s direct oversight

and shall be approved by a simple majority vote of all Committee members. All approved

directives shall be memorialized in writing and signed by the presiding officer and provided to

the Office of the President and the affected Division Director within three (3) calendar days of

Committee approval.

§ 190. Staff

Staff from divisions over which the committees have oversight authority shall assist

committees in execution of their authority and shall provide necessary advice and clerical

services.

§ 191. Conflict of interest

Committee members who have personal, family or business interests in matters before the

Committee or joint committee meeting shall not participate in the committee or joint committee

proceedings or vote on the matter.

§ 192. Legislative oversight

Committee oversight shall be limited to resolution consideration and policy decisions and shall

not involve program administration.

§ 221. Resolutions; Certification; Filing; Codification

A. The Speaker of the Navajo Nation Council or Speaker pro tem shall certify the adoption of

any resolution of the Navajo Nation Council by signing the same after it is engrossed by the

Director of the Office of Legislative Services or his or her designee. Adopted resolutions shall be

filed with the Central Records Department of the Navajo Nation and the Legislative Council

shall immediately arrange for codification thereof.

B. All resolutions that enact new Navajo law or amend existing Navajo law and are adopted

by the Navajo Nation Council shall become effective on the day the President of the Navajo

Nation signs it into law or the Navajo Nation Council takes action to override the President’s

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veto, unless the Navajo Nation Council specifically authorizes and directs a different effective

date.

C. All resolutions that do not enact new Navajo law, amend existing Navajo law or make a

policy statement and are adopted by the Navajo Nation Council shall become effective upon the

certification by the Speaker or Speaker Pro Tem of the Navajo Nation Council. Resolutions that

adopt internal policies and procedures of the Navajo Nation Council shall become effective upon

certification by the Speaker or Speaker Pro Tem.

§ 222. Contracts or other papers generally

All contracts or agreements entered into pursuant to the Navajo Nation Procurement Code, to

the extent applicable, or approved by the Navajo Nation Council, or its Committees shall be

executed in the following manner:

A. The President or the Vice-President of the Navajo Nation or their designee shall execute

contracts or agreements pertaining to the Executive Branch;

B. The Chief Justice of the Navajo Nation or their designee shall execute contracts or

agreements pertaining to the Judicial Branch; and

C. The Speaker of the Navajo Nation Council or their designee shall execute contracts or

agreements pertaining to the Legislative Branch.

D. The Chapter President of the Navajo Nation Chapter shall execute contracts or agreements

pertaining to the Chapter.

§ 223. Contracts

Except as otherwise provided, any contract authorized to be executed on behalf of the Navajo

Nation shall meet the following conditions:

A. All contracts involving the expenditure of funds shall expressly state that the liability of

the Navajo Nation under such contract is contingent upon the availability of appropriations by

the Navajo Nation Council to carry out the same.

B. All contracts shall have sufficient funds appropriated and available.

C. Contracts shall not waive the sovereign immunity of the Navajo Nation or its entities

unless approved by two-thirds (2/3) vote of the full membership of the Navajo Nation Council.

This provision shall not apply to authority to waive immunity properly delegated.

D. All contracts, including those entered into pursuant to the Navajo Nation Procurement

Code, shall comply with the Navajo Business Procurement Act, 12 N.N.C. §1501, et seq., the

Navajo Preference in Employment Act, 15 N.N.C. §601 et seq., Navajo Business Opportunity

Act, 5 N.N.C. §201, et seq., and rules and regulations promulgated thereto.

E. All contracts shall be awarded only after public advertisement and bidding unless

otherwise authorized as small purchases, emergency purchases or sole source purchases under

the Navajo Nation Procurement Code, or are Intergovernmental Agreements approved by the

Navajo Nation Council or its standing committees.

F. All change orders, modifications or amendments of contracts utilizing Navajo Nation

funds shall not exceed twenty percent (20%) of the accepted bid. If the twenty percent (20%) cap

is exceeded by any change orders, modifications or amendments, such change orders,

modification or amendment shall be subject to the provisions of §223(E) above.

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§ 224. Filing

All executed contracts or papers, and any modifications thereof, shall be filed with Central

Records Department of the Navajo Nation. Executed contracts shall also be filed with the Office

of Contracts and Grants.

§ 225. Public access

Access to contracts or papers shall be provided to the public by the Central Records

Department as provided in the Navajo Privacy and Access to Information Act.

§ 281. Office of the Speaker of the Navajo Nation Council

A. There is hereby established the Office of the Speaker of the Navajo Nation Council.

B. The Speaker of the Navajo Nation Council shall be a member of the Navajo Nation

Council, in good standing.

C. The Office of the Speaker shall have such support personnel as may be budgeted for.

§ 282. Selection of the Speaker, term of office

A. The Speaker of the Navajo Nation Council shall serve in such office at the pleasure of the

Navajo Nation Council.

B. The term of office of the Speaker shall be two (2) years.

C. The Speaker shall be selected and confirmed by the Navajo Nation Council as the first

order of business at the Council session scheduled for the fourth Monday in January of any odd

numbered year.

§ 283. Residence

A residence may be furnished at Window Rock, Navajo Nation (Arizona), together with the

cost of water, sewer, refuse disposal, electricity and natural gas without charge to the Speaker. If

the Speaker declines to reside in such residence, the Navajo Nation shall not be responsible or

liable for costs and expenses of living elsewhere.

§ 284. Salary

The salary of the Speaker shall be thirty thousand dollars ($30,000) per annum above the salary

as a Navajo Nation Council Delegate.

§ 285. Powers and duties

A. The Speaker of the Navajo Nation Council shall exercise all powers and authorities which

are delegated to the Office by law or may from time to time be delegated to such Office by the

Navajo Nation Council.

B. The Speaker’s powers and duties shall include the following:

1. Preside at all Navajo Nation Council and Naabik’íyáti’ Committee meetings;

2. Direct and supervise the personnel and programs under the Legislative Branch as

provided by law;

3. Appoint a Speaker Pro Tem to allow the Speaker to participate in debate and sponsor

resolution(s) before the Navajo Nation Council and, in the sole discretion of the Speaker, to

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carry out the administrative duties of the Office of Speaker if the Speaker is unavailable and

absent due to travel, illness, or for any other reason deemed sufficient by the Speaker;

4. Vote only in the event of a tie vote;

5. Call a special session of the Navajo Nation Council pursuant to 2 N.N.C. §162;

6. Recommend to the Budget and Finance Committee an annual operating budget or

amendments thereof for the Legislative Branch and advise the Navajo Nation Council on the

annual budget recommended by the Budget and Finance Committee; and

7. Issue official Certificates of Condolence, Congratulations, Appreciation, Recognition

or Achievement and other similar expressions of sentiment signed by the Speaker on behalf of

the Navajo Nation Council at the written request of any Council Delegate as provided herein:

a. Certificates of Condolence shall be reserved exclusively for former members of

the Navajo Nation Council, Chairman, Vice Chairman, President and Vice Presidents of

the Navajo Nation.

b. Uniform Procedures for the Issuance of Certificates shall be developed by the

Office of the Speaker subject to final approval by resolution of the Intergovernmental

Relations Committee of the Navajo Nation Council.

§ 286. Removal; vacancy

A. The Speaker may be removed by two-thirds (2/3) vote of the full membership of the

Navajo Nation Council.

B. If a vacancy should occur in the Office of the Speaker of the Navajo Nation Council; the

Navajo Nation Council shall select and confirm from among its members a successor to serve the

remainder of the term.

§ 287. Speaker Pro Tem

A. When a quorum of the Navajo Nation Council is present at any duly called regular or

special meeting, the members present, in absence of the Speaker, may select from among the

Chairpersons of the standing committees to serve as the Speaker Pro Tem until the Speaker

arrives.

B. The Speaker, in his or her sole discretion, may appoint a Speaker Pro Tem to carry out the

administrative duties of the Office of Speaker whenever the Speaker is both absent and

unavailable due to travel, illness, or any other reason deemed sufficient grounds by the Speaker.

The appointments shall be made in writing and shall expire at a time designated by the Speaker

or whenever withdrawn in a separate writing by the Speaker, and shall, in any event,

automatically expire in five working days after the date of the appointments unless renewed in

writing by the Speaker. Only current members of the Council may be appointed as Speaker Pro

Tem pursuant to this provision and shall serve without additional salary compensation.

C. If the Speaker is unable to perform his or her duties for any reason and is unable to

appoint a Speaker Pro Tem pursuant to §287(B), the Chairperson of the Government Services

Committee shall serve as the Speaker Pro Tem until the Speaker’s inability to perform his or her

duties is removed.

D. A Speaker Pro Tem appointed pursuant to §§287(B) or (C) shall, in addition to his or her

salary as a delegate pursuant to 2 N.N.C. §106(A), receive mileage compensation in accordance

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with 2 N.N.C. §106(A) and per diem for each day of service as Speaker Pro Tem in an amount

equivalent to the daily rate of the salary established in 2 N.N.C. §284.

TITLE 2. NAVAJO NATION GOVERNMENT

CHAPTER 3. LEGISLATIVE BRANCH

SUBCHAPTER 9. STANDING COMMITTEES

Article 1. Budget and Finance Committee

§ 300. Establishment; membership; purposes

A. Budget and Finance Committee is hereby established as a standing committee of the

Navajo Nation Council.

B. The Committee shall consist of six members.

C. The Committee shall exercise oversight authority including but not limited to budget,

finance, investment, bonds, contracting, insurance, audits, accounting, taxes, loans, Chapter

budget and finance for the following purposes:

1. To coordinate, oversee regulate the fiscal, financial, investment, contracting and audit

policies of the Navajo Nation;

2. To report to the Navajo Nation Council on the fiscal and financial state of the Navajo

Nation;

3. To recommend to the Navajo Nation Council the adoption of resolutions designed to

strengthen the fiscal and financial position of the Navajo Nation and to promote the efficient

use of the fiscal and financial resources of the Navajo Nation;

4. To protect the interests of the Navajo People through the prudent management of

financial reserves of the Navajo Nation and the use of funds available for expenditure by the

Navajo Nation;

5. To oversee and provide direction for lending programs within the Committee’s

authority.

6. To act as an Audit Committee of the Navajo Nation government.

§ 301. Powers

A. The Committee shall have authority and such powers necessary and proper to carry out the

purposes set forth above.

B. The Committee shall have the following enumerated powers:

1. To promulgate rules and regulations relative to contracting, investments and financial

matters.

2. To review and recommend to the Navajo Nation Council the budgeting,

appropriation, investment and management of all funds.

3. To the extent permitted by federal or Navajo Nation laws and regulations, the

Committee shall appropriate, allocate, cancel, re-appropriate and review the use of the Navajo

Nation funds received including but not limited to all grants, contracts, gifts and other funds

from all sources.

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4. With prior approval of the President, Speaker and/or Chief Justice to recommend to

the Navajo Nation Council amendment of the approved annual budgets by reallocating funds

between branches.

5. To coordinate and review all fiscal, financial and investment activities of the Navajo

Nation and its enterprises, as well as other agencies, federal, state, regional and private,

expending or seeking to expend funds within the Navajo Nation or for the benefit of the

Navajo People.

6. To require the presentation and submission of financial reports by any enterprise,

authority, or entity chartered or approved by the Navajo Nation Council or its committees.

7. To return unexpended funds to the appropriate funding source in accordance with the

Appropriation Act.

8. To promulgate policies and regulations concerning wages, expenditure

reimbursement, and fringe benefits for Navajo Nation officials and employees

9. To require reports from and to monitor the financial performance of all offices,

divisions, departments, enterprises, authorities, committees, boards, commissions, or entities

having oversight or control over fiscal matters or financial obligations to the Navajo Nation.

10. To receive an annual audit of the accounts of the Navajo Nation by certified public

accountants and to present such audit the Navajo Nation Council.

11. To review the annual budgets of the Bureau of Indian Affairs, the Indian health

Services and other departments and agencies of the United States government and to

recommend the approval or disapproval of such budgets.

12. To provide legislative oversight over lending programs, including the promulgation

of rules and regulations for lending money to members of the Navajo Nation.

13. To conduct oversight of the functions of the Office of the Controller, the Office of

Management and Budget, the Office of the Auditor General, the Office of the Navajo Tax

Commission, the Navajo Tax Commission, the Insurance Services Department, the Insurance

Commission and Retirement Services Department and to review, recommend or propose the

adoption, amendment or rescission of its Plan of Operation.

14. To approve Fund Management Plans pursuant to the recommendations of the

appropriate oversight committee and affected Division or Branch.

15. Authorize, review, approve and accept agreements, including contracts and grants,

between the Navajo Nation and any federal, state or regional authority upon the

recommendation of the standing committee which has oversight of the division, department or

program which has applied for the agreement, or upon recommendation of the Chapter.

16. To continually monitor contracts with state, federal, and regional entities to ensure

compliance with applicable laws, regulations and contract terms.

17. To prepare and recommend approval of a committee budget each fiscal year.

18. To approve lease purchase agreements concerning all tribal programs, departments

and divisions within all branches of the Navajo Nation government upon recommendation of

the Office of the Controller.

19. The Committee shall have the authority to delegate responsibilities and authorities as

appropriate for efficiency and streamlining of government processes to the Divisions, Chapters

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and appropriate entities provided that the Committee first approves rules and regulations

governing such delegations and to rescind delegations.

20. To recommend to the Navajo Nation Council the creation of any Division or

Department intended to be under the Committee’s oversight by adoption of its Plan of

Operation; and to rescind that Plan of Operation or an existing Plan of Operation for any

Division or Department under the Committee’s oversight.

§ 302. Advisors

A. The Department of Justice, Controller, Office of Management and Budget, Auditor

General, Legislative Counsel, Director of Legislative Services and External Auditor shall serve

as official advisors to the Committee and shall provide appropriate support, advice and counsel

on all matters.

§ 302. Meetings

All regular meetings of the Committee shall be held on the first and third Tuesday of each

month.

Article 2. Health, Education and Human Services Committee

§400. Establishment; Membership; Purposes

A. The Health, Education and Human Services Committee is hereby established as a standing

Committee of the Navajo Nation Council.

B. The Committee shall consist of six members.

C. The purposes of Committee are:

1. To promulgate regulations, promote accountability to policies, and provide legislative

oversight on matters involving health, social service, education, general governmental services

and human services.

2. To oversee the education initiatives of the Navajo Nation by promoting academic

excellence and culturally relevant education.

3. To oversee Navajo Nation efforts in implementing and ensuring compliance with

employment and labor laws and policies of the Navajo Nation and laws relating to veteran

services.

4. To oversee Navajo Nation policies and priorities to optimize the delivery of social

services and health services to the Navajo people consistent with the traditional practices and

customs of the Navajo People.

§ 401. Powers

A. The Committee shall have authority and such powers necessary and proper to carry out the

purposes set forth above.

B. The Committee shall have the following enumerated powers:

1. To establish Navajo Nation policy, promulgate rules and regulations governing

health, social services, education, human services and general government services of the

Navajo Nation and its tribal organizations, entities, and enterprises.

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2. To ensure compliance and implementation of laws and policies of the Navajo Nation

relating to health, social services, education, general government services and human services.

3. To recommend to the Navajo Nation Council resolution(s) for the creation of

colleges, or other entities of the Navajo Nation and to recommend the amendment or rescission

of such resolution(s).

4. To grant final approval for:

a. Any programs offered on the Navajo Nation by off-Navajo Nation post-secondary

institutions or any “nonresident” or home study post-secondary programs for which

student recruitment activities are conducted on the Navajo Nation.

b. Approve, sanction and authorize application, reapplications, reauthorization and

amendments for Indian Self-Determination and Education Assistance Act contracts and

grants under the Tribally Controlled Schools Act for the operation of education programs,

approval or denial of authorizations and reauthorizations shall constitute approval or

denial by the Navajo Nation the Tribal Governing Body.

5. To delegate responsibilities and authorities as appropriate to the Divisions, Chapters

and appropriate entities for the efficiency and streamlining of government processes provided

that the Committee first approves rules and regulations governing such delegations and

rescission of such delegations.

6. To review and recommend:

a. Resolutions relating to social services, health, environmental health, education,

veterans and veterans services, employment and labor.

b. Navajo Nation agreements and contracts negotiated with federal, state, regional,

and tribal governments, private and Navajo Nation health and social service authorities,

including environmental health, veterans services or education services subject to

applicable laws of the Navajo Nation.

c. A Committee budget each fiscal year.

d. Applications and reauthorizations by Divisions and Programs underage legislative

oversight for Indian Self-Determination and Education Assistance Act contracts and

grants, except for those contracts under the Tribally Controlled Schools Act identified in

section 4(b) above.

e. The authorization and designation of a for-profit or non-profit health or social

services organization as a tribal organization for the purpose of contracting or compacting

under the Indian Self-Determination and Education Assistance Act.

7. To represent the Navajo Nation:

a. At local, state and federal levels, in coordination with the President of the Navajo

Nation and the Naabik’íyáti’ Committee on proposed legislation, funding and other

actions affecting health, environmental health, social services, education, veterans

services, employment, training and labor.

b. In consultation with federal, state and local officials regarding any proposed

changes in federal education legislation or educational programs, including but not limited

to new schools (including charter schools), school closures, consolidation, and education

budget initiatives. The Committee shall, where appropriate, seek concurrence of the

Naabik’íyáti’ Committee of the Navajo Nation Council or the Navajo Nation Council in

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framing official responses for the Navajo Nation to proposals for major changes in

education programs, such as proposals regarding majority school closures transfer of

jurisdiction.

8. To recommend to the Navajo Nation Council the creation of any Division or

Department intended to be under the Committee’s oversight by adoption of its Plan of

Operation; and o rescind that Plan of Operation or an existing Plan of Operation for any

Division or Department under the Committee’s oversight.

C. Oversight.

1. To serve as the oversight committee for the Division of Health, Division of Social

Services, Division of Human Resources Department of Diné Education, Division of General

Services and to review, recommend or propose the adoption, amendment or rescission of its

Plan of Operation.

2. To oversee all health and social service related activities of the Navajo Nation and its

tribal organizations, enterprises, relating to the delivery of health, environmental health and

social services including research, planning and prevention.

3. To serve as the oversight Committee of the Navajo Nation Board of Education, and

colleges within the Navajo Nation.

4. To assist, support and coordinate with local communities, parent organizations and

school boards and school board organizations.

5. To oversee and propose the establishment of any employment training center or

institution under the jurisdiction of the Navajo Nation and to review, recommend or propose

the adoption, amendment or rescission of its Plan of Operation.

6. To service the oversight authority for employment, labor, veterans services, training and

vital statistics.

§ 402. Advisors

A. The Department of Justice, Director of the Health and Social Services, Director of Human

Resources, the Superintendent of Department of Diné Education, Navajo Area Director of Indian

Health Services, Navajo Area Regional Director of Bureau of Indian Affairs, Bureau of Indian

Education, and Auditor General shall serve as official advisors to the Committee and shall

provide appropriate advice and counsel on all matters.

§ 403. Meetings

Except when the Navajo Nation Council is in session, all regular meetings of the Committee

shall be held on Wednesday of each week.

Article 3. Resources and Development Committee

§ 500. Establishment; membership; purposes:

A. Resources and Development Committee is hereby established as a standing committee of

the Navajo Nation Council.

B. The Committee shall consist of six members.

C. The Committee shall exercise oversight authority over water, land, grazing, environment,

environmental protection, cultural resources, agriculture, livestock, wildlife, roads and

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transportation, air transportation, communications and utilities, information technology, chapter

activities, economic and community development, commerce and trade, gaming, rights-of-way,

minerals, public utilities, telecommunications, housing for the following purposes:

1. To establish Navajo Nation policy with respect to the optimum utilization of all

Navajo Nation resources and to protect the rights, interests, sacred sites and freedoms of the

Navajo Nation and People to such resources, now and for future generations.

2. To oversee regulation of activities on Navajo Nation lands for disposition or

acquisition of resources, surface disturbance, or alteration of the natural state of the resource,

including the enforcement and administration of applicable Navajo Nation and federal laws,

regulations, guidelines, and administrative procedures in the development and use of resources

as a good steward.

3. To establish policies and legislation appropriate to the housing needs of the Navajo

Nation and its People.

4. To promote local community land use plans which support community infrastructural

development and development of Local Government Units which enhances local selfgovernment.

5. To promote, review, coordinates and approves projects to be financed by funds

designated for capital improvement.

6. To oversee planning and coordinating of all roads and transportation activities of the

Navajo Nation.

7. To establish rules, regulations and policies to streamline procedures for approval,

management, and enforcement to enhance the development of the economy and increased

development on the Navajo Nation.

8. To oversee planning and coordinating of all rural addressing activities of the Navajo

Nation.

§ 501. Powers

A. The Committee shall have all powers necessary and proper to exercise its purposes set

forth at §500(C).

B. The Committee shall have the following enumerated powers:

1. To promulgate rules and regulations governing transportation, community

development, local government units, land acquisitions for the Navajo Nation, environmental

protection, and the use, sale, exchange, and development of Navajo Nation lands and/or

resources, whether held in fee or trust status.

2. To grant final approval for:

a. All land withdrawals, non-mineral leases, permits, licenses, rights of way, surface

easements and bonding requirements on Navajo Nation lands and unrestricted (fee) land.

This authority shall include subleases, modifications, assignments, leasehold

encumbrances, transfers, renewals, and terminations.

b. Overall Resources Management Plan; Overall Economic Development Plan for

prioritizing list for projects funded by Navajo Nation and federal funds, but development

plans for individual business site leases shall not be subject to such approval; Road and

Transportation Plan prioritizing list for road and transportation projects; priority list for

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capital improvement and housing development projects funded by all funding sources;

NAHASDA Indian Housing Plan; including any amendments.

c. Resolutions to develop and improve Local Government Units.

d. Local ordinances enacted by Local Government Units unless otherwise provided

in Title 26 of the Navajo Nation Code, other Navajo Nation law; and community based

land use plans and amendments thereof.

e. Alternative and appropriate technological projects related to housing, community

development and capital improvement projects to better serve the public and communities.

f. Administrative and Business Site Leasing Management Plan for the Division of

Economic Development, governance certified Chapters, Townships, or an appropriate

entity, including any proposed amendments, such plan must be in accordance with the

Navajo Nation Business Leasing Regulations of 2005.

g. Plan of Operations for Division of Transportation; Division of Community

Development; Division of Economic Development; Division of Natural Resources;

Environmental Protection Agency; and Gaming Regulatory Office, including any

amendments.

3. To delegate its final approval authority for those transactions listed in §501(B)(2)(a)

to appropriate Divisions, governance certified Chapters, Townships or appropriate entity and

§501(B)(2)(d) to Division of Community Development for efficiency and streamlining of

government processes provided the Committee first grants final approval of rules and

regulations governing such delegations and rescission of such delegations. Such rules and

regulations shall include provisions for periodic review of performance for those delegated

entities.

4. To review and make recommendations to the Navajo Nation Council for final

approval:

a. Mineral agreements, land acquisitions, and energy development agreements.

b. Laws related to housing development, private and public facilities, including but

not limited to building, construction, and utility codes.

c. Annual budget for capital improvement projects utilizing all sources of funds,

through the budget process and supplemental appropriations to the capital improvement

annual budget to fund necessary additional capital improvement projects.

d. Taxation proposals affecting business or commercial activities, after consultation

with the Navajo Tax Commission.

e. Creation, reorganization, termination or “privatization” of any enterprise, as such,

the Committee shall periodically receive reports and review the operations of the Navajo

Nation enterprises, authorities, and industries.

f. All other resolutions requiring Navajo Nation Council approval to accomplish or

impact the Committee purposes.

5. To represent the Navajo Nation at local, state, and federal levels, in cooperation and

coordination with the President of the Navajo Nation and the appropriate committee of the

Navajo Nation Council on proposed resolutions or actions affecting natural resources; energy

resources; economic and community development; road and transportation matters; capital

improvement projects, including recommending approval of the annual capital improvement

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projects budget of the Bureau of Indian Affairs, Indian Health Services and other departments

or agencies of the United States; and housing development.

6. To coordinate with:

a. The President of the Navajo Nation and appropriate Division or program, to lobby

the state, federal, and other agencies relating to this Committee’s purposes.

b. The Budget and Finance Committee and lending institutions on matters relative to

housing loans for enrolled members of the Navajo Nation residing within the Navajo

Nation.

c. Appropriate committees of the Navajo Nation Council to do all things necessary

and proper to create an independent financial institution designed to provide credit and

financing to the Navajo Nation business community.

7. To report to the Navajo Nation Council, studies of natural resources for the protection

and efficient, utilization, management, administration, and enhancement of such resources and

to approve consultants for such studies.

8. To review and require reports from appropriate officials on progress of capital

improvement projects, including periodic reports from the Controller of the Navajo Nation

concerning the fund status of capital improvement projects.

9. To grant final confirmation of appointments to enterprise boards; Navajo Nation

Water Rights Commission; and entities under the authority of the Committee requiring

appointments.

10. To recommend to the Navajo Nation Council the creation of any Division or

Department intended to be under the Committee’s oversight by adoption of its Plan of

Operation; and to rescind the Plan of Operation or an existing Plan of Operation for any

Division or Department under the Committee’s oversight.

11. The Committee shall have the authority to delegate its responsibilities and authorities

as appropriate for efficiency and streamlining of government process to the Standing

Committee, Divisions, Chapters and appropriate entities provided that the Committee first

approves rules and regulations governing such delegations and to rescind delegations.

12. To review and recommend to the Naabik’íyáti’ Committee Intergovernmental

Agreements and Agreements between the Navajo Nation and any governmental entity relating

to economic development, community development, natural resources, roads and

transportations, environmental protection and gaming for efficiency and timely comparison of

those projects.

C. Oversight

1. The Committee shall serve as oversight committee of the Division of Natural

Resources, including, District Grazing Officers, Eastern Navajo Land Board, Farm Boards,

Soil and Water Conservation Districts, including grazing issues to accomplish duties set forth

in 3 N.N.C. §§832 and 852; Division of Community Development; Chapters; Division of

Economic Development; Division of Transportation; Environmental Protection Agency; except

as otherwise delegated by Navajo Nation law; and legislative oversight to the Gaming

Regulatory Office.

2. The Committee shall periodically review the overall function of those listed in

501(C)(1) to ensure that the purpose and objectives are properly and timely achieved.

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§ 502. Advisors

A. Advisors to the Committee shall include the Executive Directors of the Division of

Natural Resources, Division of Community Development, Division of Transportation, and

Division of Economic Development, Environmental Protection Agency; the Department Of

Justice; the Controller of the Navajo Nation; the Office of Auditor General; the Eastern Navajo

Land Board, the General Manager of the Navajo Tribal Utility Authority; Navajo Area Director

of Indian Health Service and Navajo Regional Director of Bureau of Indian Affairs; and other

personnel from appropriate agencies.

§ 503. Meetings

A. Meetings shall be held on Tuesday of each week.

Article 4. Law and Order Committee

§600. Establishment; membership; purposes:

A. The Law and Order Committee is hereby established as a standing committee of the

Navajo Nation Council.

B. The Committee shall consist of five members.

C. The Committee shall use Nitsáhákees, Nahat’á, Iiná, and Siihásin in exercising legislative

oversight over courts, administrative legal tribunals, criminal defense, legal defense of the

indigent, juvenile justice, corrections, law enforcement, emergency management, for the

following purposes:

1. To improve the administration of justice on the Navajo Nation by ensuring a justice

system that is independent from political influence and that is accountable and responsible to

the Navajo Nation in its administration and operations. Justice system includes the Judiciary

Branch and all administrative legal tribunals.

2. To protect the rights and interests of the Navajo People by improving the quality and

effectiveness of the justice system within the Navajo Nation.

3. To establish and develop the Navajo Nation justice system infrastructure including

justice system facilities and to promote institutional planning and coordination among and

between justice-system-related entities.

4. To enhance cooperation and coordination between Navajo Nation courts and courts of

the various states and the federal government including their administrative legal tribunals.

5. To enhance the operations and coordination of all departments within the Navajo

Division of Public Safety in order to increase the availability, quality, and effectiveness of

public safety services on the Navajo Nation.

6. To enable the Navajo Nation to more effectively provide efficient public safety

services on the Navajo Nation.

7. To support effective cooperation and coordination between Navajo Nation law

enforcement agencies and that of the various states and federal government law enforcement

agencies.

8. To enhance juvenile justice programs through coordination with appropriate

Committees, the Judicial Branch, Executive Branch programs, and federal, state, tribal and

local governmental agencies.

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§ 601. Powers

A. The Committee shall have all prudent powers necessary and proper to exercise its

purposes set forth above.

B. The Committee shall have the following enumerated powers:

1. To grant final approval for:

a. Agreements negotiated by justice systems entities, administrative legal tribunals

and public safety programs with other federal, state, international, tribal, regional, and

local governmental agencies, subject to Naabik’íyáti’ Committee approval when required

by law.

b. Qualifications standards for judges and justices of all courts and administrative

tribunals of the Navajo Nation in the application process to determine the most qualified

candidate.

2. To delegate responsibilities and authorities as appropriate for efficiency and

streamlining of government processes to the Division, local government units, and appropriate

entities provided that the Committee first approves rules and regulations governing such

delegations and to rescind such delegations.

3. To review and evaluate the performance of probationary and permanent judges and

justices.

4. To review and approve plans of operation for all divisions, departments and programs

under the Committee’s oversight authority and to amend or rescind such plans of operation.

5. To review and make recommendations to the Navajo Nation Council for final

approval:

a. Removal of a permanent judge or justice.

b. Resolutions requiring Council approval to accomplish or impact the Committee

purposes.

6. To determine, with the approval of the Navajo Nation Council, qualifications to be

required of judges and justices of the Navajo Nation.

7. To provide a process for accepting applications for judicial positions and for

determining the most qualified candidates.

a. Upon screening all eligible applicants; the Committee shall recommend to the

President of the Navajo Nation a panel of qualified candidates for appointment as

Probationary Chief Justice, Associate Justices of the Supreme Court and Probationary

Judges of the lower courts, and all other judicial positions within the Navajo Nation may

create.

b. The President shall appoint probationary Justices and Judges only from among

those named in the panel submitted by the Committee. Probationary Justices or Judges

shall be confirmed by the Navajo Nation Council.

8. To review and evaluate the performance of probationary and permanent Justices and

judges.

9. To recommend to the President of the Navajo Nation the removal of Probationary

Justices and Judges prior to their permanent appointment.

10. To recommend to the President the permanent appointment of Probationary Justices

and Judges.

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a. The President shall not appoint to a permanent position any Justice or Judge not

recommended by the Judiciary Committee.

b. The appointment of permanent Justices and Judges shall be confirmed by the

Navajo Nation Council.

11. To present directly to the Navajo Nation Council the issue of permanent appointment

of any Probationary Justice or Judge whom the committee and the Chief Justice have

recommended for permanent appointment and which recommendation to the President of the

Navajo Nation has failed to convey to the Navajo Nation Council within sixty (60) days of

receiving the recommendation.

12. To recommend to the Navajo Nation Council the removal of permanent Justices or

Judges.

13. To represent the Navajo Nation, at local, state, and federal levels, in coordination

with the President of the Navajo Nation, appropriate committee of the Navajo Nation Council

and the Chief Justice in advocating for legislation, funding or actions relating to the justice

systems, administrative legal tribunals and public safety activities.

14. To review and make recommendations to the Navajo Nation Council on proposed

amendments to and enactments in the Navajo Nation Code.

15. To review, amend, recommend and submit the annual budget for programs under the

oversight of the Committee to the Budget and Finance Committee and to the Navajo Nation

Council.

16. To prepare and recommend approval of a committee budget each fiscal year.

17. To recommend to the Navajo Nation Council the creation of any Division or

Department intended to be under the Committee’s oversight by adoption of its Plan of

Operation; and to rescind that Plan of Operation or an existing Plan of Operation for any

Division or Department under the Committee’s oversight.

C. Oversight.

1. To serve as the oversight committee for the Judicial Branch of the Navajo Nation, all

administrative legal tribunals including but not limited to the Navajo Nation Labor

Commission and the Office of Hearings and Appeals, Office of the Public Defender, Office of

the Prosecutor, Division of Public Safety, and the Office of Ethics and Rules.

2. To serve as the oversight committee for the Department of Justice, unless otherwise

designated by Navajo Nation law, and to approve and amend Plans of Operation thereto.

3. The Committee shall periodically review the overall function of the programs over

which it has oversight.

§ 602. Advisors

Advisors to the Committee shall include Executive Director for Division of Public Safety,

Department of Justice, Legislative Counsel, Auditor General, Chief Prosecutor and Chief Public

Defender.

§ 603. Meetings

Meetings shall be held on Monday of each week.

Article 5. Naabik’íyáti’ Committee

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§ 700. Establishment; purposes

A. Naabik’íyáti’ Committee is hereby established as a standing committee and it shall use

Nitsáhákees, Nahat’á, Iiná and Siihasin in exercising oversight authority (including the authority

to promulgate rules and regulations): to confirm all appointments to boards and commissions, to

approve the plan of operation for the legislative branch, to coordinate with all committees the

appearance and testimony before non-Navajo government federal, state or other entities, to

provide for the compilation and publication of all Navajo Nation laws, rules and regulations, to

appoint directors of legislative offices not otherwise provided for by law, and other related

matter.

B. The Chairperson of the committee shall be the Speaker of the Navajo Nation Council. In

the absence of the Speaker, the members shall nominate and vote on the chairperson pro tem to

conduct the meeting and to sign only the documents or legislation approved by the committee

while presiding.

C. The Naabik’íyáti’ Committee shall meet at least once per month at the call of the

Chairperson on the second and fourth Thursday of each month until such time as the Committee

adopts an annual meeting schedule and posts such schedule on the Council’s website.

D. A quorum of the committee shall be satisfied by the presence of two (2) members of each

Standing Committee or a majority of delegates of the Navajo Nation Council. The physical

presence of a quorum is only required to call the meeting to order and for any vote affecting

resolution. A quorum is not required for committee vote on acceptance of a report(s).

E. All vetoed resolutions, upon the request of a sponsor for an override for, shall be referred

to Naabik’íyáti’ Committee, and the committee may invite the President to discuss his reasons

for the veto. Upon consensus with the President, a new resolution may be ordered.

F. Proposed amendments may be developed in the committee reached consensus before a

formal Council action.

G. A recorded vote may be taken to determine if a resolution shall proceed to the Council or

referred back to the standing committee.

§ 701. Powers

A. The Committee shall have the following enumerated powers:

1. To give final confirmation of the appointments to boards, commissions, and colleges,

unless otherwise provided by law.

2. To oversee the conduct and operations of entities of the Navajo Nation not otherwise

under the oversight authority of other standing committees, except that such oversight shall not

interfere with the prerogative or business decisions of management governing boards.

3. To recommend resolutions to the Navajo Nation Council on matters within the

Committee’s jurisdiction.

4. To coordinate all federal, county and state programs with other standing committees

and branches of the Navajo Nation government to provide the most efficient delivery of

services to the Navajo Nation.

5. To serve as the oversight committee for the Office of Legislative Services and other

offices, programs, commissions, boards or task forces under the Legislative Branch of the

Navajo Nation government, unless otherwise designated by Navajo Nation law, and to approve

and amend plans of operation thereto.

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6. To assist and coordinate all requests for information, appearances and testimony

relating to proposed county, state and federal legislation impacting the Navajo Nation.

7. To review and continually monitor the programs and activities of federal and state

departments and to assist development of such programs designed to serve the Navajo People

and the Navajo Nation through intergovernmental relationships between the Navajo Nation and

such departments.

8. To coordinate with all committees, Chapters, branches and entities concerned with all

Navajo appearances and testimony before Congressional committees, departments of the

United States government, state legislatures and departments and county and local

governments.

9. To recommend to the United States departments and agencies, the states and various

regional agencies the appointment of individuals who, in the judgment of the Committee, will

fulfill the requirements of their office and serve the interests of the Navajo Nation.

10. To review and approve the negotiation and setting of the Navajo Nation’s indirect

cost or administrative cost rate agreements with the cognizant federal agent. When in the best

interest of the Nation, the committee may waive the indirect cost or administrative cost rate

when:

a. The division, department or program requesting the waiver demonstrates a

statutory and/or regulatory requirement that limits the indirect cost or administrative cost

rate available for a particular grant or contract, or

b. There is a showing of necessity and a commitment of available general funds by

the division, department or program requesting the waiver which is available to offset the

loss in indirect costs or administrative costs.

c. Chapters meeting these requirements will not be subject to any administrative costs

assessed by the central government.

11. To review and approve the distribution of funds appropriated or allocated to assist

enrolled Navajos residing outside the Navajo Nation.

12. To authorize, review, approve and accept any and all contracts, grants and associated

budgets with the United States, its departments and agencies for the implementation of the

Indian Self-Determination and Education Assistance Act, as amended upon the

recommendation of the standing committee which has oversight of the division, department or

program applying for the contract and/or grant.

13. To prepare and recommend approval of a Committee budget each fiscal year.

B. The Committee shall have the authority to delegate its responsibilities and authorities as

appropriate for efficiency and streamlining of government processes to the Standing Committees,

Divisions, Chapters and appropriate entities provided that the Committee first approve rules and

regulations governing such delegations and to rescind delegations.

Section 5. References to previous Standing Committees

A. References in the Navajo Nation Code and other official documents to the Government

Services and Intergovernmental Relations Committees shall mean the Naabik’íyáti’ Committee,

unless the amendments enacted herein or the context of previous law indicates otherwise.

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B. References in the Navajo Nation Code and other official documents to the Resources,

Transportation and Community Development and Economic Development Committees shall

mean the Resources and Development Committee, unless the amendments enacted herein for the

context of previous law indicates otherwise.

C. References in the Navajo Nation Code and other official documents to the Public Safety and

Judiciary Committees shall mean the Law and Order Committee, unless the amendments enacted

herein or the context of previous law indicates otherwise.

D. References in the Navajo Nation Code and other official documents the Human Services,

Health and Social Services and Education Committees shall mean the Human Development

Committee, unless the context indicates otherwise.

E. As provided by the amendments enacted herein, previous agenda functions of the Ethics and

Rules Committee shall be transferred to the Naabik’íyáti’ Committee; previous hearing functions

of the Ethics and Rules Committee under the Navajo Ethics in Government Law, 2 N.N.C.

§§3741 et. seq. shall be delegated to the Office of Hearings and Appeals. All references to the

Ethics and Rules Committee in the Navajo Ethics in Government Law shall accordingly mean

the Office of Hearings and Appeals.

Section 6. Review

The Navajo Nation Council shall review the powers and operation of each standing committee

by the end of the second year of the 22nd Council and make recommendations for improvements.

Section 7. Effective Date

The amendments made to 2 N.N.C. §106(B) may be subject to the requirements of 2 N.N.C.

§106(A). Other amendments enacted herein shall be effective pursuant to 2 N.N.C. §221(B).

Section 8. Codification

The provisions of the Act which amend or adopt new sections of the Navajo Nation Code shall

be codified by the Office of Legislative Counsel. The Office of Legislative Counsel shall

incorporate such amended provisions in the next codification of the Navajo Nation Code.

Section 9. Saving Clause

Should any provision of this Act be determined invalid by the Navajo Nation Supreme Court,

or the District Courts of the Navajo Nation without appeal to the Navajo Nation Supreme Court,

those provisions of the Act which are not determined invalid shall remain the law of the Navajo

Nation.

Page 30 of 31

Summary of Amendments to Navajo Nation Title II as passed by the

Navajo Nation Council override in CO-45-12, January 30, 2013

Section Title

and Number

Summary of Amendments

§107(F). Advances

to Council

Delegates

Changed the deduction of outstanding advances from the next bi-weekly pay to either

the next bi-weekly pay or assessed 1.2% annual interest to be deducted at year end

from all moneys owed to the Council Delegate, at the choice of the Council Delegate.

The deductions cannot be taken from Deferred Compensation.

§110(E), (F) and

(O) Definitions

Added the definitions for (E) “Comment Period”, (F) “Confidential Matter” and (O)

“Memorandum of Understanding”. The definition of “Memorandum of

Understanding eliminated the execution of a MOU by a program director or noncertified chapter president, requiring only a division director to execute a MOU.

§162(B) and (C)

Number; Time;

Duration

(B) Added the request for a special session by the President in a written message to

the Speaker.

§163(A) and (B)

Agenda

(A) Allows the rules and procedures of the last Council to be used until amended or

rescinded or new rules adopted by an elected Council.

(C) Added the option of a meeting day consisting of completion of the agenda items

as an alternate to a minimum of six hours.

(B) Allows the inclusion of a consent schedule of agenda items, developed by the

Speaker. Allows for agenda items on the consent schedule to be put on the regular

agenda upon the request of a Council Delegate; also requires the Speaker to move any

item from the consent schedule to regular agenda when it gets more than (5) minutes

of debate or questioning.

§164(A)(1),(3),(4),

(5),(6),(7),(9),(10),

(13),(14),(15),(16)

and (17) Navajo

Nation Council

and Committee

Legislative

Process

(A)(1) Allows for those requesting legislation to be drafted request assistance from

the Office of Legislative Counsel or other legal counsel employed by the Navajo

Nation. Requires the Office of Legislative Counsel to ensure the proposed resolution

is drafted in a proper codified format before it is assigned a number and introduced

into the legislative process and to notify the Council by memorandum of the legal

sufficiency of each proposed resolution.

(3) Requires legislation to be deemed properly drafted by the Office of Legislative

Counsel before it is presented to the Office of Legislative Services for assignment of

the legislation tracking number.

(4) Requires new laws or amendments to clearly indicate reference to appropriate

Navajo Nation Code when applicable.

(5) Clarifies the beginning of the legislative process as the point when the Speaker

assigns the legislation to the respective oversight committee(s); requires the Speaker’s

office to distribute digital copies of the proposed resolution, including exhibits to the

Office of the President, Office of the Attorney General, Office of the Controller,

Office of Management and Budget and all Executive Branch Division Directors only,

excluding the requirement to distribute to the departments and/or programs.

(6) Requires the Office of Legislative Services to post to the Council’s website digital

copies of the resolution without the exhibits no later than the first calendar day after

the proposed resolution is introduced into the legislative process. Digital copies

where practicable shall be provided upon request to the Office of Legislative Services.

Matters or exhibits deemed confidential by the Department of Justice are not be

posted or released. Digital copies of resolutions or exhibits must have notice that the

copies are for the benefit of the public and Chapters and any political use is

prohibited.

(7) Removed the duty of the Office of Legislative Services to provide digital copies to

Executive Branch Division Directors for comment and provided that a Chapter

government may comment on a proposed resolution through a properly delegated

elected official or through a certified chapter resolution and that a Chapter

government or Executive Branch Division Director at their option have (5) days to

submit comments to the Executive Director of the Office of Legislative Services.

(9) Corrected the spelling of the Naabik’íyáti’ Committee.

(10) Requires that an amendment approved by a Committee be included in the

proposed resolution. Removed the requirement that specific actions of a committee,

including a failed amendment be noted in a footnote but not included in the final

certified copy of the resolution. Requires a Council Delegate and not the sponsor to

obtain a written and signed petition of the majority of the members of the Council.

Removed the option of a sponsor of a resolution to obtain in writing removal of an

amendment to a resolution.

(13) Changed the reference to legislations to resolutions; allows for resolutions

otherwise to be listed in the order received to be placed elsewhere on the agenda only

if they require a 2/3 vote or if they are included in the consent schedule.

(14) Corrected the spelling of Naabik’íyáti’ and substituted resolutions for the word

“legislations”

(15) Requires all resolutions that complete the process and procedures of §164 be

placed on the next Navajo Nation Council agenda. Requires the Speaker to publish

the final proposed agenda on the Council’s website no less than (3) calendar days

before the start of a regular session and no less than (1) calendar day prior to the start

of a special session. A special session agenda is not required to be placed on the

website. Reports, verbal and written, are presented on the first day of a regular session

unless otherwise directed by the Speaker or the Council.

(16) Substituted resolutions for “legislations”.

(17) Corrected spelling of Naabik’íyáti’ and requires that all acts of vetoing a

resolution occur within the territorial jurisdiction of the Navajo Nation.

§164(B)(2)(c)

Added the requirement for all resolutions not requiring approval by the Council or its

committees be signed by the Director of the Office of Management and Budget for all

documents having a financial impact in the Navajo Nation in addition to the

appropriate Division Director, the Controller for all documents having a financial

impact in the Navajo Nation and the Attorney General.

§169(B) Quorum

Requires a quorum to vote on a resolution, memorial, or motion of the Council or

standing committees instead of a passing or other action. Removed the failure of a

Council Delegate to vote as an absence from the whole meeting but left in place the

intentional failure or refusal to vote as an absence from the whole meeting.

§180 Appointment

Corrected the spelling of Naabik’íyáti’.

§181. Membership

Clarified the meaning of Agencies as defined in §110(A).

§183(B)(3)

Meetings; quorum

Requires meeting notices for the committees and commissions to be posted on the

Navajo Nation Council’s website at least (1) calendar day before the meeting and

removed the publication by newspaper and notice by local radio announcement.

§183(E)

Requires a quorum for any standing committee to commence a meeting and for any

vote affecting a resolution, but not requiring a quorum for hearing reports, which can

be accepted by a simple majority of the standing committee members present.

§184(C)

Chairperson; ViceChairperson;

Chairperson Pro

Tem

§187(B)(4) Joint

Committee

Meetings

Allows a presiding Chairperson to vote when a 2/3 vote is required regardless of a tie

vote.

§187(C)

Allows for substantive action to be taken in joint committee meetings as provided in

§189 and as agreed to by the joint committees either individually or jointly provided if

jointly it is by 2/3 majority vote of the combined membership present at the joint

committee.

§189(B)

Committee actions

Requires that committee directives be limited to matters under such Committee’s

direct oversight and approved by simple majority of all Committee members. Requires

that all directives be in writing and signed by the presiding officer, provided to the

President and affected Division Director within (3) calendar days of Committee

approval.

§192 Legislative

oversight

Committee oversight is limited to resolution consideration and policy decisions and

shall not involve program administration.

§285(B)(1) and

(3) Powers and

duties

§300(C)(3) Budget

and Finance

Committee

Establishment;

membership

purposes

§401(B)(3), (6)

and (7)(a) and (b)

Health, Education

and Human

Services

Committee Powers

§403 Health,

Education and

Human Services

Committee

Meetings

§501(B)(2)(c)

Resources and

Development

Committee Powers

§501(B)(4)(f) and

(5) Resources and

Development

Committee Powers

(1) Corrected the spelling of Naabik’íyáti’

Requires notice of joint committee meetings to be posted on the Council’s website 24

hours in advance of the meeting; removed the requirement to publish notice in a daily

newspaper or announced on local radio.

(3) Substituted resolution(s) for legislation

Substituted resolutions for legislation

(3) Substituted resolution(s) for legislation

(6) Substituted resolutions for legislation

(7)(a) and (b) Corrected the spelling of Naabik’íyáti’

Added the language “Except when the Navajo Nation Council is in session.

(B)(2)(c) Substituted resolutions for legislation

(B)(2)(g) Substituted any for “an”.

(B)(4)(f) Substituted resolutions for legislation

(B)(5) Substituted resolutions for legislation

§501(B)(12)

Resources and

Development

Committee Powers

§601(B)(1)(a) Law

and Order

Committee Powers

§601(B)(5) Law

and Order

Committee Powers

Article 5.

Naabik’íyáti’

Committee

§700(A) (C), (D),

(E) and (G)

Naabik’íyáti’

Committee

Establishment;

purposes

Corrected the spelling of Naabik’íyáti’

Corrected the spelling of Naabik’íyáti’

Substituted resolutions for legislation

Corrected the spelling of Naabik’íyáti’

(A) Corrected the spelling of Naabik’íyáti’ and removed the duty of the Naabik’íyáti’

Committee to recommend an agenda for the Navajo Nation Council sessions

(C) Defined the meeting dates for the committee as the second and fourth Thursday of

each month until the committee adopts an annual meeting schedule and posts it on the

Council’s website

(D) Defined a quorum as being satisfied by the presence of two (2) members of each

Standing Committee or a majority of delegates of the Navajo Nation Council. The

physical presence of a quorum is required to call the meeting to order and for any

vote affecting resolution and is not required for committee vote on accepting reports.

(E) Substituted resolutions and resolution for legislation and corrected the spelling of

Naabik’íyáti’

(G) Substituted resolutions for legislation

§701(A)(3)

Naabik’íyáti’

Committee Powers

Section 5. (A) and

(E) References to

previous Standing

Committees

Section 7.

Effective Date

Substituted resolutions for legislation

(A) Corrected the spelling of Naabik’íyáti’

(E) Corrected the spelling of Naabik’íyáti’

Points out that amendment to §106(B) per diem payments and mileage

reimbursements to Council Delegates for attending Navajo Nation Council or

standing committee meetings or extra time spent by Chairpersons beyond meetings to

execute committee business may require approval of 2/3 of Navajo Nation Chapters

within 120 days of approval by the Navajo Nation Council; the effective date of any

other amendments within the document occurs when the President signs the

amendments or the Navajo Nation Council overrides a veto of the amendments by the

President, unless the Council specifically authorizes and directs a different effective

date.