In early December 2009, the Tribal Constitution Task Force (Task Force), the Legislative Standing Committee (LSC) and the Government and Management Committee (G&M) met to discuss the Tribal Constitution Reform Project (TCRP) Draft Revised Constitution. During the meeting, Jason Hauter, Senior Assistant General Counsel summarized the Law Officeʼs review of the document. Finding no legal issues with the document itself, the Law Office highlighted several policy issues and recommended some language amendments. At the end of the meeting, the Law Office was given the green light to review the document again and propose changes. The Law Office completed this review putting forth several policy and language changes at the end of December 2009.
In early January 2010, the Task Force met with the Elections Office and with representatives from the Court to get feedback from those two agencies about the draft. The Law Office and representatives from the Governorʼs office were present at this meeting as well. Following this discussion, the Task Force revisited the Communityʼs comments and responses collected during the reform process, reviewed the policy and language changes proposed by the Law Office as well as the suggestions raised by the Elections Office and the Court. Keeping the Communityʼs expressions a primary consideration, the Task Force carefully considered each of the recommended language changes as well as each policy change suggested. The Task Force accepted only the changes that either refined the document or were consistent with the concepts raised by the Community. This second draft was resubmitted to the Law Office and once again, the Law Office made a few additional suggestions. On January 26, 2010, Jason Hauter and the Task Force met to review, line by line, the final terminology suggestions. At the end of the meeting, the document was finalized and forwarded to the LSC and G&M Committee.
The Committees convened, as planned on January 28, 2010. Several other council members, along with the Governor and his Chief of Staff were present. However, before the presentation began, the Governor presented his review of the draft document and made several late suggestions for additions to the draft. Although present at previous meetings, the Governor ʼs office did not submit written commentary until the January 28, 2010 meeting when he presented a memorandum dated January 27, 2010. In that memorandum, the Governor requested the inclusion of additional language in the revised constitution to reflect specifically that the branches are “independent” of each other. He opined that although the draft states the branches are “separate” it does not specifically state they are “independent”, therefore, status quo remains. Second, the Governor wrote that as the leader of the Executive branch, he should not be the presiding officer over meetings of the Legislative branch. Rather, the Governor recommends the Council choose its own leader, much like a Speaker of the House or President of the Senate in the United States Congress. Finally, the Governor indicated his disapproval of some of the language in the draft document indicating the Council can delegate to the Executive additional powers. The Governor ended his memorandum with the suggestion that the Governorʼs office have the power to veto actions of the Council.
In addition to the written comments and requests submitted by the Governor, those in attendance were able to ask questions and provide additional commentary. In the end, the Committees both voted to defer the matter for an additional 45 days so that the Task Force and the Law Office could review the Governorʼs suggestions in detail and draft an advisory memorandum on how the proposed changes would impact government operations. Upon receipt of the advisory memorandum, the two committees will determine the next steps. Unfortunately, the late recommendations result in additional delay in getting the final document to the people for vote. Despite the delay, the Task Force remains optimistic that a final document will be completed.
For further information on the reform process or for a schedule of Task Force presentations, please contact your districtʼs Task Force Representative, through the Service Center offices or Project Staff Gerald Calnimptewa at (520) 562-9757 or e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and Joanne Miles-Long at (520) 562-9759 or email at joanne.mileslong@ gric.nsn.us
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