WINDOW ROCK, Ariz. - On April 19, Navajo Nation President Jonathan Nez and Vice President Myron Lizer vetoed Resolution CAP-27-20, which sought to cancel the Navajo Nation Council’s spring session less than three days before the scheduled start. In addition, the Council deemed the legislation to be an “emergency,” therefore the bill bypassed all Standing Committees, which means there was no debate and no opportunity for input from the Navajo people.

Title II of the Navajo Nation Code requires the Navajo Nation Council to hold four regular sessions each year in the months of January, April, July, and October.

In the case of the Office of the President and Vice President, et al. v Navajo Nation Council, et al., SC-CV-02-10, the courts of the Navajo Nation stated the following in regards to using the emergency clause for legislation, “We have long required that our legislators strictly comply with Navajo Nation statutory enactment procedures. Procedural requirements for the enactment of Navajo Nation legislation must be strictly observed. Apparently, the Council routinely uses the emergency legislation exception for all manner of legislation that ought not to qualify as emergency legislation, which enables a by passing of the statutory committee(s) review and approval process. We state uncategorically that such misuse of the emergency legislation procedural exception is impermissible.”

Following the veto, the spring session began April 20.

“The Navajo Nation Council, as the legislative body, is required to meet only four times a year by statute. It is in these sessions that the people are afforded the opportunity to hear from all of their leaders regarding the actions of the government that affect their daily lives. It is a time for all persons to hear reports from the President and Vice President, from the Speaker of the Council, from the Chief Justice, as heads of the three-branch government,” Nez and Lizer said.

Although the resolution, passed by the Council, cites concerns over the possible spread of COVID-19 among Navajo Nation employees and officials, Nez and Lizer noted that the Council and its Standing Committees have continued to hold regular and special meetings throughout the COVID-19 pandemic, despite several Public Health Emergency Orders that have been issued by health care experts to mitigate the spread of the virus. They added that with proper Personal Protective Equipment for staff and the use of tele-conferencing, the session can proceed as scheduled to allow the Navajo people to hear directly from all of the Nation’s leaders, federal agencies, and others who are required to provide reports during the session.