COMMISSION
Statutory Duties and Accomplishments
By statute, the Commission on Navajo Government Development ("Commission") was established and empowered to:
Develop recommendations for chapter empowerment for consideration by the Navajo Nation Council.
2 N.N.C. §§ 970 and 973(B).
In furtherance of its statutory duties, the Commission and Office developed the Navajo Nation Local Governance Act Amendments of 2004, the Navajo Nation Local Governance Act of 1998, the Navajo Nation Home Rule Proposal of 1994. Additionally, they developed legislation to establish a chapter boundary commission, direct the Auditor General to provide information to the chapters on governance-certification requirements, permit chapters to adopt alternative quorums, and more.
Develop recommendations for alternative forms of chapter government.
2 N.N.C. §§ 971(B) & 973(B)(1).
The Commission and Office drafted and recommended three alternative forms of chapter government for the Transportation and Community Development Committee. The three forms are the Council-President Form, the Commission-Manager Form, and the Council of Nat'aa Atsilidai Form. It has also assisted, and continues to assist, the governance-certified chapters in understanding and preparing to adopt one of these alternative forms.
Additionally, it is currently working with the Transportation and Community Development Committee to develop Alternative Quorum Models. The quorum of 25 may not be suited for every chapter.
Collect statistics which accurately describe the chapter governments.
2 N.N.C. § 973(B)(4).
The Commission and Office were successful in acquiring 4.6 million dollars in federal funds for a Land Use Planning Project. One aspect of the Project includes the collection of chapter-specific data including community demographics, per capita income, median age, employment and unemployment information, population, education level, existing land status, existing and future residential needs, existing and future grazing and agricultural information, existing and future commercial and industrial development information, existing and future commercial and public facilities information.
The Commission and Office were successful in securing $225,000 from the Administration for Native Americans for its Economic Development Planning Project. One component of this project is to update the above-mentioned statistics.
Institute reforms necessary to ensure an accountable and responsible government.
2 N.N.C. §§ 970 and 973(B).
Accountability has always been important to the Commission and Office. In furtherance of its statutory duties, the Commission and Office built accountability measures into the Local Governance Act. Thus, the Local Governance Act is full of management systems for accountability, and the Commission and Office has provided and continues to provide information to the chapters on getting their management systems written and approved.
In terms of central government accountability, the Commission and Office drafted and presented several pieces of legislation to the Navajo Nation Council. These raised the vote required for the Navajo Nation Council to dip, required the Office of Legislative Services staff to record attendance and voting tally sheets of the Council delegates, required posting of notice of standing committee special meetings, required Council delegates to be present and voting on 80% of the agenda items in order to receive their per diem, prohibited the Speaker and the delegates from administering public assistance funds, and made successful ballot measures binding law. Additionally, they drafted legislation to have the Attorney General elected by the Navajo people, as well as legislation to reserve all powers not delegated to the Navajo Nation Council to the Navajo people.
Additionally, they focused some of their central government accountability measures on providing quality information to the chapters. They have consistently pursued having the LGSCs provide uniform and concise information to the chapters. They have also established a Streamlining Project within the Office to: assist with the automation of routine local government tasks, pursue the use of FMIS for local government accounting, obtain shapefiles for all land use plans to be incorporated into the AMAP/Wind Project, and provide the chapter with laws, forms, and training videos via internet.
Set limitations on how the Navajo government and its officials use their powers.
2 N.N.C. § 973(B)(1).
The Commission and Office developed several pieces of legislation that set limitations on the government and its officials. Namely, legislation to raise the vote required for the Navajo Nation Council to dip, require the Office of Legislative Services staff to record attendance and voting tally sheets of the Council delegates, require posting of notice of standing committee special meetings, require Council delegates to be present and voting on 80% of the agenda items, prohibit the Speaker and the delegates from administering public assistance funds, and make successful ballot measures binding law. Additionally, it drafted legislation to have the Attorney General elected by the Navajo people, and to reserve all powers not delegated to the Navajo Nation Council to the Navajo people.
Define the powers of the Navajo people, and promote their general welfare.
2 N.N.C. §§ 973(B)(1) & (2).
The Commission and Office spent a great deal of time in hearings on defining the powers of the Navajo people, and promoting their general welfare. They provided information to the people on the process of Nation Building, including information on the advantages and limitations of the current structure, considerations for strengthening the current structure, including how to formally establish the Navajo Nation Government and prescribe the nature and extent of its authority, how to fulfill the goals of separation of power and checks and balances, how to build aspects of Dine' culture and tradition into the government, how to adequately empower chapters to handle local matters, and what can be done at the chapter, regional and central government levels.
Most of this work seems to have been superceded by the Dine' Fundamental Law and Navajo Common Law, which is undefined and unwritten but implies a great deal of inherent rights of the Navajo people and its local governments.
Provide short and long term comprehensive planning.
2 N.N.C. § 973(B)(2).
The Commission and Office were successful in acquiring $4.6 million in federal funds to assist chapters in developing land use plans. The chapters need this land use planning component in exercising their LGA authorities. 107 chapters and 3 subcommunities have participated in Land Use Planning Project, 92 chapters have completed the Project, and 6 have received certification of their Land Use Plans.
The Commission and Office were successful in acquiring $225,000 in federal funds to assist nine chapters in developing economic development plans. It will pursue additional funds in FY2006 to assist the chapters in developing their own economic development projects.
The Commission and Office are currently exploring more ways to help the chapters with planning, including obtaining the requisite withdrawals, clearances and assessments. The Commission and Office will most likely partner with Navajo Housing Authority and Design and Engineering Services to maximize results.
Conduct public hearings and involve the public and private organizations, chapters, leaders and medicine men. 2 N.N.C. § 973(B)(5).
See attached table for a full description of these materials.
Educate students and the general public on the Navajo Nation government.
2 N.N.C. § 973(B)(6).
The Commission and Office have provided a great deal of information on the Navajo Nation government to the general public, chapter officials, departments, programs and schools. This is achieved through publications, presentations and workshops. See attached table for a full description of these materials.
Review, evaluate and recommend laws, rules, regulations including those of agencies, boards and commissions.
2 N.N.C. § 973(B)(3).
The Office has invested some time in assisting the Transportation and Community Development Committee in trying to get a Capital Improvement Plan in place. This has not paid off yet, and a restructuring of the Capital Improvement Office, with a special focus on privatizating that Office's duties will have to be developed.
Additionally, the Office has assisted the Office of Legislative Counsel, Office of the Attorney General, and the Office of the President/Vice-President in drafting the Navajo Nation Business Site Leasing Act of 2005. If approved by the Secretary of Interior, it will streamline the leasing process as well as define the roles of the various entities of the Navajo Nation.
The Commission and Office also drafted the Northern Navajo Agency Council Plan of Operation, the Central Navajo Agency Council Plan of Operation, the New Mexico Capital Outlay Policies and Procedures, and the Abandoned Mine Lands' Policies on providing money to chapters affected by abandoned mines.
They have also worked to provide data to the AMAP/Wind Project so Navajo Nation will have easy to use, digitized information on the land, topography, rivers, infrastructure, and land use plans for the entire Navajo Nation. This will be a useful decisionmaking tool for our leaders. They have also worked to make a place for the Legislative Branch's Capital Improvement Proposal on the Nation's Infrastructure Capital Improvement Planning System.
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