NAVAJO NATION CODE: TITLE 26
Navajo Nation Local Governance Act
TABLE OF CONTENTS
Chapter 1 NAVAJO NATION CHAPTERS
1 Title; Purpose; Authorization; Prior Inconsistent Law Superseded;
Section 3 Chapter Certification
Subchapter 3. Navajo Nation Chapter Governance
101 Chapter Government Requirements
102 Governance Procedure Requirements
Section 103 Chapter Authority
5. Navajo Nation Chapters, Officials and Administration - Generally
Section 1001 Duties and Responsibilities of Chapter Officials
Section 1002 Meetings; Meeting Notice Requirement; Compensation of
Section 1003 Order of Business
Section 1004 Chapter Administration
Subchapter 7. Navajo Nation Chapter Regulations
Section 2001 Chapter Ordinance Procedure
Section 2002 Chapter Contract Requirements
Section 2003 Chapter Finance; Budget Process; Chapter Insurance
Section 2004 Zoning; Comprehensive Plan; Land Use Variations
Section 2005 Eminent Domain Requirements
Section 2006 [Reserved]
Section 2007 [Reserved]
Section 2008 [Reserved]
Subchapter 9. [Reserved]
Subchapter 11. [Reserved]
Subchapter 13. [Reserved]
NAVAJO NATION CHAPTERS
Subchapter 1. Generally
Section 1. Title; Purpose; Authorization; Prior
Inconsistent Law Superseded; Amendment
This Act shall be cited as the "Navajo
Nation Local Governance Act" and herein codified in Title Twenty Six
(26) of the Navajo Nation Code.
purpose of the Local Governance Act is to
governance at the local level. Through adoption of this Act, the Navajo
Nation Council delegates to Chapters governmental authority with respect
to local matters consistent with Navajo law, including custom and
tradition. It is a known fact, that the
Dine have alwys had inherent rights.
This Act clearly defines the executive,
and legislative and judicial functions of the Chapter as well as the duties and
responsibilities of Chapter officials and administrators consistent with
the Navajo Nation's policy of "separation of powers" and
"checks and balances."
Enactment of the Local Governance Act
Chapters to make decisions over local matters. This authority, in the
long run, will improve community decision making, allow communities to
excel and flourish, enable Navajo leaders to lead towards a prosperous
future, and improve the strength and sovereignty of the Navajo Nation.
Through adoption of this Act, Chapters are compelled to govern with
responsibility and accountability to the local citizens.
The Navajo Nation Council, by Resolution
CAP-34-98, hereby approves the Navajo Nation Local Governance Act.
D. Prior Inconsistent Law Superseded
On the effective date of the Navajo Nation Local Governance Act,
all inconsistent enactments, laws, rules, policies, ordinances and
regulations of the Navajo Nation and all branches, divisions,
departments, offices and political subdivisions thereof are superseded
hereby and/or amended to comply herewith.
This Act may be amended by the Navajo Nation
Council subject to approval of a majority of all Chapters of the Navajo
Nation; or this Act may be amended by referendum vote of a
majority of all Chapters as set forth in 11 N.N.C., Navajo Nation
Section 2. Definitions
The language contained in this Section applies
generally to all Chapters except as otherwise provided in this Act.
"Accounting system" means the methods and records
established and maintained to identify, assemble, analyze, classify,
record and report a Chapter's financial transactions and to maintain
accountability, in accordance with generally accepted governmental
accounting principles (GAGAP), or another comprehensive basis of accounting, other
than (GAGAP) of such transactions and for the related assets
and liabilities. NNC Resolution
"Administrative functions" are those activities of the
Chapter government which are non-legislative, and involve the conduct of
"Allotment" means a parcel of land either owned by the
United States in trust for an Indian (trust allotment) or owned by an
Indian subject to restriction imposed by the United States against
alienation (restricted fee allotment).
"Alternative form of Chapter governance" means a new form of government by a
to givea new design, function or organization to the existing Chapter
"Attendance" means to be present.
"Chapters" are units of local government which are
political subdivisions of the Navajo Nation.
"Chapter Certification" means the process required of a
community group, pursuant to Section 3, seeking to establish a certified
Chapter of the Navajo Nation Government.
8. "Chapter employee" means any
or entity working for , or rendering or exchanging any services or
performing any act for or on behalf of the Chapter in return
for any form of payment or other compensation or thing of value received
or to be received at any time temporarily, permanently or indefinitely ,. in any
capacity; whether as agent, servant, representative, consultant, advisor,
independent contractor or otherwise.
"Chapter meeting minutes" means the record of all action
taken at a duly called meeting of the Chapter.
"Chapter membership" means:
a. for voting purposes
and participation in the Chapter government, all registered voters of the
., or those representing
such voters pursuant to governing models adopted by the Transportation
and Community Development committee of the Navajo Nation Council pursuant
to this Act. NNC Resolution # CO-51-04
b. for purposes of
services and benefits, all tribal members young and old, who either
reside within or are registered in the Chapter. An individual may not be a member of more than one
11. "Chapter official" -
means the following public
officials elected by the Chapter membership: Chapter President, Chapter
Vice President, and Chapter Secretary/Treasurer The President,
Vice-President, and Secretary/Treasurer of a certified chapter, or, for
purposes of the Election Code, other officials who may be locally elected
based upon governing models adopted by the Transportation and Community
Development Committee of the Navajo Nation Council pursuant to this Act. NNC Resolution
ordinance referendum ballot measure" means the official vote action of a
Chapter's registered voters on a proposed resolution or ordinance pursuant
to Section 1003
(B) and 2001(H) et
seq. of this Act. NNC
Resolution # CO-51-04
"Chapter resident" means one who dwells permanently or
continuously within the boundaries of a Chapter.
"Chapter resolution" means the document recording the
official action taken by the Chapter membership at a duly call Chapter
"Community Based Land Use Plan"means an official document adopted by Chapter
resolution setting forth current and proposed uses of land within Chapter
boundaries, illustrating such uses by map or plat. It meets the requirements under 26. N.N.C.Section
102 (C ).
"Contracting" means the act of entering into written
agreements which impose legal obligations on the parties who are
signatories to the agreement.
"Custodian" means having day to day charge of official
books, records, documents, equipment, property and funds of the Chapter.
"Eminent domain" means the taking of land used by an
individual, or legal person or entity, in which an individual, or legal
person or entity, has an interest for a governmental purpose. "Just
compensation" must be paid to the user for taking of such as
prescribed by Navajo law.
"Filing System" means the system by which all Chapter
documents are maintained.
20. "Five Management System" means a
management system which includes: accounting, procurement, filing,
personnel and property management.
"Governance Procedure Requirements" means the process
Chapters must complete pursuant to Section 102 to begin exercising
authorities pursuant to this Act.
"Governmental purposes" means activities carried out by
the Chapter for the general health, safety and welfare of the Chapter
"Local governance" means governance by and through
Chapter governmental bodies as set forth by this Act.
24. "Manager" means the individual
who is responsible for administering the Five Management System and the
administration of the Chapter
"Navajo Nation law" means Navajo statutes,
administrative regulations and
common law Dine fundamental law.
"Ordinance" means a local law, rule or regulation
enacted by a Chapter pursuant to this Act.
"Oversight" means the general supervision of
administrative functions by the Chapter officials and/or the manager or officials set by alternative government models to
"Personal property" is all supplies, materials,
equipment and other property, including expendable and nonexpendable
property, capitalized and non-capitalized, but does not include real property
or fixtures. Capitalized property is nonexpendable property having
acquisition value of $1,000.00 or more.
"Personnel management" means the system by which
recruitment, retention and termination of employees is administered at
"Property management" means the system by which the
Chapter administers accounts for real and personal property obtained or
controlled as a result of past transactions, events or circumstances.
"Real property" is any interest in land, together with
the improvements, structures and fixtures located thereon.
"Registered voter" means having one's name officially
placed on a list of eligible voters.
"Sub-contract" means the act of entering into a written
agreement between a Navajo Nation Chapter and a Navajo Nation division,
program or entity.
"Technical assistance" means services rendered by the
central Navajo Nation government with respect to the authority to be
exercised by Chapters as described herein.
Section 3. Chapter Certification
There shall be
certified at least one Chapter organization in each Chapter precinct
which elects delegates to the Navajo Nation Council. The list of
certified Chapters is at 11 N.N.C. Part 1 Section 10.
by certification by the Navajo Nation Council, the number of certified
Chapters shall not exceed on hundred and ten (110).
Chapter may be certified only if all of the following are met:
of evidence to the Navajo Nation Council that the proposed Chapter
represents a community group which has existed and functioned as a
community for four (4) continuous years.
of evidence that the population of the area exceeds 1,000 persons for
each of the existing Chapters and that there is a need to establish others.
of evidence that the topography or the unique demography of the Chapter
area makes it necessary to have more than one Chapter to allow residents
access to Chapter Meetings.
Chapter Governance Requirements
To ensure accountability, all Chapters are required to adopt and
operate under a Five Management System.
Chapters shall develop policies and procedures for the Five
Management System consistent with applicable Navajo Nation Law.
to administer land, pursuant to this Act, are required to develop a
community based land use plan based upon results of a community
Section 102. Governance Procedure Requirements
The Navajo Nation
Auditor General's office Local
Governance Support Centers shall review the Chapter's Five Management
System policies and procedures and recommend governance certification of
the policies and procedures to the Transportation and Community
Upon review and recommendation by the
Auditor General's office
Local Governance Support Centers , or Certified Public Accountant, the
Transportation and Community Development Committee of the Navajo Nation
Council shall certify the Five Management System policies and procedures.
Also, the committee shall review, if applicable, the Chapter's community
based land use plan. Upon
governance certification by the Transportation and Community Development
Committee, the Chapter may exercise authorities pursuant to Section 103 (D)
of this Act.
Chapters subsequently approving a community based land use plan along with a survey must receive
certification from the Transportation and Community Development
Committee. Chapters should be allowed to
settle boundary disputes. The Navajo Nation will pay for the survey. Certification by the Transportation and
Community Development Committee authorizes Chapters to administer land
pursuant to Section 103(E)
Section 103. Chapter Authority
The members of each Chapter, at a duly called meeting, are
authorized to oversee the authority delegated to the Chapter pursuant to
All authority exercised by a Chapter shall be consistent with
Navajo Nation law.
C. All delegated
authority exercised by a Chapter, pursuant to this Act, may be
preempted by Navajo Nation Council statutes and/or resolutions.
Chapters, whether LGA governance-certified or not,
resolution, may exercise the following authorities, except that
non-governance certified Chapters shall have their Five Management System
approved by their respective Chapters: including, but not limited to:
1. Issue home and business site leases or
permits. The issuance of leases and permits shall be done in accordance
with uniform rules and regulations promulgated by the Resources Committee
and the Economic Development Committee of the Navajo Nation Council. This
provision shall not apply to allotments. Refer to: E.
2. Acquire, sell or lease property of the
3. Enter into agreements for the
provision of goods and services.
Enter into agreements with other Chapters to undertake a common goal or
interest which will benefit the Chapters.
5. Enter into intergovernmental agreements with
federal, state, tribal entities and/or their agencies, subject to the
approval of the Intergovernmental Relations Committee of the Navajo
Nation Council. Refer to: E. 2.
6. Enter into contracts or sub-contracts with
the Navajo Nation for federal, state, county and other funds, subject to
the approval of the Intergovernmental Relations Committee. This provision
is not intended to alter federal contracts between Chapters and the
United States which pre-date the enactment of this Act.Refer to: Section E. 3.
7. Enter into contracts or sub-contracts for
Navajo Nation general funds, with appropriate Navajo Nation divisions,
programs or agencies for service delivery programs.Refer to: E. 4.
Appropriate funds, according to conditions set forth by the Navajo Nation
Council. Governance Certified Chapters
will budget according to the needs of the community; however, they cannot
use the funds for stipend payments for officials. divisions, departments or and
other funding sources, including Chapter claims funds and Chapter
9. Reallocate funds, subject to existing
funding or contract requirements, provided that 30% percent of the
registered members of the Chapter approve the reallocation. NNC
Resolution # CJY-42-049. Reallocate funds, subject to existing
funding or contract requirements, provided that simple majority vote of
chapter approve the reallocation. This will mean that housing
discretionary funds can be reallocated provided that the funds are still
spend on needs of housing discretionary funds. For example, if there are
no Public Employment Program funds, housing discretionary funds can be
reallocated to pay a community person to do the repairs.
Retain legal counsel. Refer to: E. 5
Establish a peacemaking system or administrative procedure for resolving
disputes arising from Chapter resolutions, ordinances, or administrative
action; including matters arising from personal disputes. The peacemaking
system should emphasize Navajo custom for resolving disputes not
otherwise contrary to Navajo law and/or custom.
10. Generate revenue through means established
by the Chapter consistent with this Act.
addition, LGA governance certified chapters may exercise the following
authorities, including, but not limited to:
Chapters may adopt the
following ordinances pursuant to Section 2001 of this Act. Refer to: F.
D.1. Issue home and business site leases,
mineral leases, mission sites, or permits including
Right of Way easements. The issuance of leases and permits shall
be done in accordance with uniform rules and regulations promulgated by
the Resources Committee and the Economic Development Committee of the
Navajo Nation Council. This provision shall not apply to allotments.
D.5.Enter into intergovernmental agreements with federal, state,
tribal entities and/or their agencies, subject to the approval of the
Intergovernmental Relations Committee of the Navajo Nation Council.
D.6.Enter into contracts or sub-contracts with the Navajo Nation for
federal, state, county and other funds, subject to the approval of the
Intergovernmental Relations Committee. This provision is not intended to
alter federal contracts between Chapters and the United States which
pre-date the enactment of this Act.
D.7.Enter into contracts or sub-contracts for Navajo Nation general
funds, with appropriate Navajo Nation divisions, programs or agencies for
service delivery programs.
Retain legal counsel.
Amend the land use plan to meet the changing needs of the
Acquire property by eminent domain, pursuant to Section 2005 of
this Act. This provision shall not apply to allotments.
Acquire and administer capital improvement project funds.
E.12. Others, subject to the approval
of the Transportation and Community Development Committee of the Navajo
E. LGA Certified Chapters may adopt the
following ordinances pursuant to Section 2001 (G) of this Act.
Zoning ordinances consistent with the Chapter's community based
land use plan.
Regulatory ordinances for governmental purposes, enforcement of
which shall be by the Chapter, for the general health, safety and welfare
of the Chapter membership, consistent with Navajo Nation law.
E.6. An alternative form of Chapter
governance based upon models provided adopted by the
Transportation and Community Development Committee of the Navajo Nation
E.7. A municipal form of government or
Chapter sub-units based upon models provided by the Transportation and
Community Development Committee of the Navajo Nation Council.
E.8. Local taxes pursuant to a local
tax code developed by the Navajo Tax Commission and approved by the
Navajo Nation Council.
Local fees based upon guidelines established by the Navajo Nation
Council. This will include Hotel Occupancy
Tax, Tabacco Tax, Navajo Nation Fuel Excise Tax, Cigarette Tax and
E.10. Issue community bonds.
E.11. Compensate the Chapter President,
the Vice President, and the Secretary/Treasurer or other
officials who maybe locally elected based upon governing models adopted
by the Transportation and Community Development Committee of the Navajo
Nation Council pursuant to this Act.
F. Chapter members may delegate the resolution
authority to the Chapter administration through the Chapter ordinance
process. The delegation of authority specifically applies to: the
issuance of home, business and other site leases which will include mineral sites, mission sites,
Right of Way, permits and easements, contracting, the
authority to acquire, sell or lease personal property of the Chapter, and
to appropriate funds.
G. The Chapter Officials and/or the
Chapter membership are prohibited from granting monetary loans and
approving per capita distribution of Chapter funds to the Chapter
H. All residents of the Chapter, whether
registered voters or not, are subject to the jurisdiction of the Chapter
pursuant to this Section.
5. Navajo Nation Chapters, Officials and Administration - Generally
1001. Duties and Responsibilities of Certified
Chapter Officials but will not
apply to governance certified Chapters who have attained alternative
A. Chapter officials are elected by the Chapter
membership to facilitate the conduct of Chapter meetings and guide policy
making within the Chapter. The administrative functions of the Chapter
government are to be left to the Chapter employees. An individual may not
serve as both a Chapter official and Chapter employee at the same time.
duties and responsibilities of the Chapter officials are as follows:
1. The Chapter President shall:
Consult with the Chapter Vice President, Secretary/Treasurer, Council
Delegate(s), and Chapter staff in preparation of the agenda for each
Chapter meeting. If applicable, the President shall also consider
proposed agenda items from the planning meeting.
b. Preside and maintain order over
Chapter meetings. All Chapter meetings shall be conducted according to
the standard order of business pursuant to Section 1003 of this Act.
c. Provide all residents of the community
with equal opportunity to speak on issues before the Chapter.
d. Recommend the establishment of and
appointment to the standing and special committees of the Chapter to the
membership for approval.
e. Adjourn or postpone a Chapter meeting
in the event of:
1. A lack of quorum;
2. Disorder at the meeting;
3. Unforeseen emergency;
When a Chapter meeting is adjourned, recessed or postponed, the
Chapter President shall provide notice to the Chapter members as to the
time and place of the next or continued Chapter meeting.
f. Vote in case of a tie.
g. Call emergency or special Chapter
h. Coordinate, plan and organize to improve
Chapter functions and activities.
i. Ensure that the duties and
responsibilities of the Vice President and the Secretary/Treasurer are
carried out in the best interest of the Chapter community.
j. Work closely with the Vice President,
and Secretary/Treasurer, to ensure that the Chapter administration is
adequately meeting the Chapter's directives and expending funds according
to conditions of the Navajo Nation Council and/or the Chapter's annual
budgetary objectives; and shall report to the Chapter membership.
k. Follow-up with Tribal, Federal and
State governments or their agencies on resolutions, ordinances,
recommendations, proposals and projects of the Chapter.
l. Take action to protect the life and
property of the members of the Chapter in case of an emergency or other
m. Carry out the decisions of the Chapter
and not frustrate those decisions in any way.
n. Work closely with Council members,
Chapter elected officials, committees and other concerned groups or
Encourage and promote community participation in planning and
p. Mediate disputes, if appropriate, of
families residing within the Chapter and/or refer such family disputes to
appropriate social service or law enforcement authorities, as the
circumstances may require.
q. Represent the Chapter at meetings
which the Chapter has interest.
r. Keep informed of all Chapter related
activities and acts to advance the interests of the community in all
s. Have authority to sign all
contracts, leases and all other official documents upon approval by
of the Chapter membership, unless otherwise stated.
t. Delegate to the Vice President
certain duties and responsibilities of the presidency, when the President
is otherwise incapacitated or is unavailable to perform his duties.
2. The Chapter Vice
a. Automatically assume the duties and responsibilities of the
Chapter President, in the absence of the President during Chapter
In the event of an unforeseen situation, assume delegated duties and
responsibilities of the Chapter President for a reasonable time period.
Assist the President and Secretary/Treasurer with their duties and
. including recording and writing the minutes of Chapter
meetings and reviews prepare,
finalized all resolutions,
proposals, letters and other important documents, record votes and other
official actions of the Chapter.
d. Work closely with Chapter elected
officials, committees and other concerned groups or agencies.
Monitor community projects.
f. Represent the Chapter at meetings of
which the Chapter has interest.
Support and assist the President and Secretary/Treasurer in carrying out
the decisions of the Chapter and not act to frustrate those decisions.
3. The Chapter Secretary/Treasurer
Maintain complete and accurate records of all Chapter activities and
provide written information when called upon.
Assist the President and Vice President in preparing the agenda.
Prepare and finalize all resolutions and
letters and other important documents for distribution to appropriate
Take the minutes of Chapter meetings and record in detail all
resolutions, votes and other official actions of the Chapter. Discussion
of all action items shall be recorded with a tape recording machine.
Follow up with the Chapter President and Vice President on all referrals
of resolutions, proposals, correspondence and other related matters.
Represent the Chapter at meetings of which the Chapter has an interest.
Work closely with the Chapter President, Vice President, and other
Monitor the maintenance of an adequate accounting system to ensure
accountability of all funds and expenditures; and shall report to the
Chapter President and membership.
Shall, in consultation with the Chapter President and Vice President,
ensure that the administration prepares monthly financial reports of all
transactions and expenditures of the Chapter by categories. The
Secretary/Treasurer is responsible for providing all financial reports to
the Chapter membership at duly called Chapter meetings.
Keep records of meeting claims, attendance and payment of Chapter
Turn over, to the Chapter manager, within 10 working days of the official
action, all resolutions, minutes and other official documents finalized
by the Secretary/Treasurer.
Co-sign all Chapter checks along with the Chapter manager. In the event
that the Secretary/Treasurer is unavailable, the Chapter President or the
Vice President may co-sign Chapter checks.
Elected officials of the Navajo Nation Chapters shall serve for a
term of four (4) years and shall not be limited to the number of terms he
or she may serve. Governance Certified
Chapters who have attained alternative governance models will proceed
pursuant to their set ordinance.
D. Elected officials of the Navajo Nation
Chapters shall take the oath of office before assuming official duties.
prevent impropriety or a conflict of interest, the
officials are prohibited from direct involvement in the management
and operation s of the Chapter administration.
F. Elected or
appointed officials of alternative
governance model, immediately upon resignation, removal or
expiration of the term of office, shall return
turn over to the
Chapter Manager or Chapter Coordinator duly certified successor, all books,
records, and property in his/her possession belonging to the Chapter.
Elected officials are prohibited from conducting financial transactions
three (3) months prior to the general election for Chapter officials,
except for general operating costs. NNC Resolution CJY-43-04
Elected officials shall comply with all Navajo Nation laws, Chapter
ordinances and resolutions. These officials shall perform the duties
enumerated above, and such other duties as may be consistent with Navajo
law, including this Act and applicable plans of operation enacted by the
Elected officials of the Navajo Nation Chapters shall attend, upon taking
the oath of office, a training session on Ethics in Government sponsored
by the Ethics and Rules Office of the Navajo Nation. Chapter officials
shall maintain a high standard of conduct in all Chapter business
consistent with Navajo law, including this law, and the Navajo Nation
Ethics and Government law. Chapter officials are prohibited from
rendering opinions, directions or decisions contrary to the sound
practice of leadership or contrary to the best interest of the Chapter.
Section 1002. Meetings; Meeting Notice Requirement;
Compensation of Chapter Officials
Number of meetings. Each Chapter shall determine the number of
meetings to be held each month and the time and place for such meetings
(subject to the
right authority of the Chapter President to
call special or emergency meetings when necessary).
Meeting Notice. The Chapter officials shall post all Chapter
meeting agendas within the Chapter boundaries at least 48 hours prior to
Compensation of Chapter Officials
1. Chapter officials shall be compensated
for only the number of meetings provided for in the Navajo Nation
approved budget. It is nonetheless the obligation of Chapter officials to
be present at all Chapter meetings.
2. A Chapter meeting claim form signed
only by the claimant shall be attached to each of the regularly scheduled
Chapter meeting reports filed by the Chapter Secretary/Treasurer with the
Chapter Government Development Department, Division of Community
Development, or if applicable, by the Chapter administration.
a. Each regularly scheduled Chapter
meeting report and claim form shall be correctly filled out before it
will be accepted and processed for payment by the
Development Department, Division of Community Development, or if
applicable, by the Chapter administration;
b. Each Chapter President, Vice
President, Secretary/Treasurer (the appointed acting Secretary and/or the
Chapter President Pro-Tempore) shall be paid in accordance with the
approved fiscal year budget;
c. No Chapter official shall be
compensated for a Chapter meeting unless he or she was in official
attendance at that meeting. Chapters
shall adopt attendance and compensation policy.
d. Reports will be furnished for all
Chapter meetings, regular or special, and state whether or not Chapter
officials are to be compensated for attendance at such meetings.
Certified Chapters who have adopted an alternative governance model will comply with their set ordinance
in conducting official business.
Section 1003. Order of Business
Chapter President or in the absence of the President, the Vice President
shall chair all regular or special Chapter meetings. In the absence of
the President and Vice President, the Chapter members present may select
personman Pro Tempore for that meeting only.
Chapter meetings require a quorum of 25 registered Chapter members to
conduct official Chapter business. Chapters, whether governance certified or not,
may amend the quorum requirement, based upon models and procedural regulations
adopted by the Transportation and Community Development Committee of the
Navajo Nation Council.
pursuant to a Chapter ordinance referendum. Adoption of an amended
quorum requirement requires approval by chapter ballot measure in
accordance with 11 N.N.C. §§401-408. NNC Resolution
Chapters may adopt standard rules for conducting Chapter
Procedural Rules for Motions.
The approval or amendments to the agenda, minutes, report(s) and
resolution(s) under old and new business of the agenda shall be done in
the following manner:
Upon presenting the agenda, minutes, report(s), resolution(s) and/or
issue(s) of the agenda, the Chapter President shall request a motion to accept
the matter before the Chapter membership and recognize a second to the
Upon receiving a motion and a second to the main motion, the Chapter
President shall provide an opportunity to members of the Chapter to
address the matter before the Chapter membership.
Any member of the Chapter may propose an amendment to the main motion
which would require a second. The Chapter membership shall vote on the
proposed amendment motion. If the amendment motion passes, it shall take
precedence over the part of the main motion subject to a proposed
amendment. Only one motion to amend the main motion shall be on the
Any member of the Chapter may propose a substitute motion and if it
passes, it shall take the place of the main motion. The substitute motion
shall be seconded and voted on.
Any member of the Chapter may propose to table the legislation or issue
before the Chapter. The motion to table the matter shall be seconded and
voted on. If the tabling motion passes, it shall take precedence over
The Chapter President, Vice President, and Secretary/Treasurer, at a duly
called Chapter meeting, are to refrain
making personal statements and opinions as presiding officers. Presiding officers are prohibited from
making the main motions and second motions on substantive and
administrative matters. They may make motions and second motions during
Section 1004. Chapter Administration
A. The Chapter shall enact, by resolution,
plans of operation for all executive functions and administrative
policies of the Chapter, including but not limited to: record-keeping,
accounting, personnel, payroll, property management, contracting
procurement and program management. The Five Management system shall be
the basis of enacting the plans of operation and administrative policies.
The Chapter administration shall follow the duties and responsibilities
prescribed in the plans of operation and shall comply with all
administrative policies and procedures enacted by the Chapter.
Chapter manager shall co-sign all Chapter checks.
Chapter manager shall be the custodian of all official books, records,
documents, and funds of the Chapter. Failure of the manager to safeguard
these items is cause for removal and assessment of applicable penalties
pursuant to Navajo Nation law and/or local adopted FMS Policies and
D. Members of the Chapter, individually, are
prohibited from direct involvement in the management and operations of
the government or administration.
Subchapter 7. Navajo Nation Chapter Regulations
Section 2001. Chapter Ordinance Procedure
Exculsively for Governance
A. All proposed ordinance(s) shall
contain the following:
1. an ordinance number;
2. a title which indicates the nature of
the subject matter of the ordinance;
3. a preamble which states the intent,
need or reason for the ordinance;
4. the subject of the ordinance;
rules and regulations governing the enforcement of the ordinance,
budgetary information, and where applicable, a statement indicating the
penalty for violation of the ordinance;
6. a statement indicating the date when
the ordinance shall become effective;
the signature of the Chapter President to make an official recording of
the transaction or writing.
B. The proposed ordinance shall be read into
the record at two consecutive Chapter meetings, of which one may be
designated a special meeting, to provide information and an opportunity
to discuss and comment on the proposed ordinance(s).
proposed ordinances shall be read in both English and Navajo.
After the final reading, the proposed ordinance shall be posted at
public places within the Chapter boundaries a minimum of fourteen (14)
days prior to the vote. The date of the vote shall be decided upon at
Passage of all
except those listed in subsection H,
by the Chapter requires a
majority of the registered
votes cast, by the Chapter membership during a regular or a special election meeting. NNC
Resolution # CO-51-04
F. All ordinances shall be compiled and
maintained at the Chapter for public information. Copies of ordinances
shall be filed with the central Records Management Department of the
G. Ordinances shall be amended or rescinded by
the process provided in this Section. All ordinances proposing amendments
shall clearly indicate new language by underscoring and deletions by over
H. The Chapter
ordinance referendum ballot measureshall be used for the adoption of an alternative form of Chapter
governance, a municipal form of government, Chapter sub-units, local
taxes and fees, issuance of community bonds and compensation of Chapter
officials. Adoption of a chapter ballot measure
shall be in accordance with 11 N.N.C. §§401-408. and shall require
approval subject to the procedural requirements set forth in this Section
including the following: NNC Resolution # CO-51-04
1. The Chapter shall be responsible
for the funding and administration of referendum elections concerning
such ordinances. The Navajo Nation Election Administration shall provide
the necessary assistance.
NNC Resolution # CO-51-04
2. The votes cast shall be by
secret ballot prepared by the Chapter administration. NNC
Resolution # CO-51-04
3. Ordinances by referendum
require passage by majority of the registered voters. NNC
Resolution # CO-51-04
I. Challenges to ordinances shall be
pursuant to 1 N.N.C., Chapter 5, Subchapter 1, section 501 et. seq.
Section 2002. Chapter Contract Requirements
Except as otherwise provided in this Act, all contracts authorized
to be executed on behalf of a Chapter, and utilizing Navajo Nation funds
1. expressly state the liability of the
Chapter under the contract;
2. be approved by the Chapter membership,
before being executed on behalf of the Chapter;
3. have sufficient funds appropriated and
comply with the Business Procurement Act, 12 N.N.C. Section 1501 et seq.,
the Employment Preference Act, 15 N.N.C. Section 601 et seq., the
Business Preference Act, 5 N.N.C. Section 201 et seq., and rules and
regulations promulgated thereto;
5. be awarded only after public
advertisement and bidding;
6. not waive the sovereign immunity of
the Navajo Nation;
7. provide access to all contracts or
papers to the public; and, if applicable
8. not exceed 10% of the accepted bid. If
the 10% cap is exceeded by change orders, modifications or amendments,
such change orders, modifications or amendments shall be subject to the
provisions of Section 2002(A)(5) above.
B. All executed contracts and papers, and
any modifications thereof, shall be filed at the Chapter.
Section 2003. Chapter
Finance Accounting System; Chapter Appropriations;
Budget Process; Chapter
Insurance NNC Resolution No. CJY-42-04
Chapter shall adopt an accounting system deemed acceptable by the Auditor
B. In accordance with the
exception provided in 12 N.N.C. §820 (N), funds appropriated to the
Chapters by the Navajo Nation shall not be subject to a lapse of
appropriation at the end of the fiscal year provided that Chapters shall
budget those funds in the subsequent fiscal year in accordance with the
purposes and conditions originally set forth by the Navajo Nation Council
in its appropriations. NNC Resolution No. CJY-42-04
B C. Budget Process NNC Resolution
1. At least one month before the end of
the Navajo Nation fiscal year, the Chapter
Coordinator or the Chapter manager, in consultation with the
Chapter officials, shall prepare, schedule and explain the annual Chapter
budget to the membership. Chapters are required to follow the annual
budget instruction of the Navajo Nation Office of Management and Budget
when formulating the annual Chapter budget and when the budget concerns
Navajo general funds. At a duly called planning meeting, the manager
shall present a proposed annual budget for the ensuing fiscal year. The
manager shall, to the extent allowed by law, include the objectives of the
membership in the proposed budget.
The budget shall consist of financial information, including but not
limited to: a statement on prior financial expenditures; capital
improvement funds; debts; encumbrances,
lapses of appropriation; and budget
objectives from the current year and the status of those objectives. NNC
Resolution No. CJY-42-04
The Coordinator or themanager, in consultation with the Chapter
officials, shall finalize the budget for approval by the Chapter
membership. The Chapter membership shall vote upon the budget at a duly
called Chapter meeting in which reasonable notice has been given to the
Chapter membership that said meeting will include approval of the annual
budget. The budget expenditures shall not exceed the total of the estimated
income for the fiscal year. No payments shall be made or obligated except
in accordance with the appropriation duly enacted by the Chapter or
adopted by the Navajo Nation Council.
C. D. To
protect the interests of the Chapter, the Chapter shall participate in
the Navajo Nation's insurance and employee benefit programs, subject to
the terms and conditions of such programs. In the event that a Chapter
elects not to participate in the Navajo Nation's programs, the Chapter
shall establish adequate coverage through the creation of a
self-insurance program or the procurement of appropriate policies.
Chapter funds shall not be used for personal, business or other
forms of loans. Per capita distribution of funds by the Chapter is
financial transaction or expenditures of funds shall be made three months
before or after the general election of Chapter officials, except for
general operating costs.NNC Resolution
E. F. Any
person, agent, or Chapter official misappropriating or misusing Chapter
funds or property shall be subject to prosecution under the applicable
laws of the Navajo Nation, and, if appropriate, under the laws of the
United States federal government.
Section 2004. Zoning;
Comprehensive Community Based Land Use
Land Use Variations NNC Resolution
Chapters may enact zoning ordinances provided that the membership adopt
and implement a
community based land use plan pursuant to Section 2004(B). NNC Resolution CJY-41-04
Adoption of all local zoning ordinances shall be done pursuant to Section
103(E)(4) of this Act.
The Chapter shall be responsible for the enforcement of all zoning
ordinances adopted by the membership. The Chapter shall provide and
maintain information relative to all matters arising from adopted zoning
All proposed amendments to zoning ordinances shall first be reviewed by
Land Use Planning Committee (CLUPC), and shall require
approval by the Chapter membership before becoming effective. NNC Resolution CJY-41-04
Comprehensive Community Based Land
Use Plan NNC Resolution
1. The Chapter, at a duly-called chapter meeting called for that purpose,
shall by resolution, vote to implement a comprehensive community based land use
plan, after the Chapter
Planning Board CLUPC has educated the community on the
concepts, needs, and process for planning and implementing a community based
land use plan. The comprehensive
land use plan shall project future community land needs, shown by location
and extent, of areas identified for residential, commercial, industrial,
and public purposes. The land use
plan shall designate future land use bebased upon the
guiding principles and vision as articulated by the community; along with
information revealed in inventories and assessments of the natural,
cultural, human resources, and community infrastructure; and, finally
with the consideration for the land-carrying capacity. Such a plan
shall may also
include, but not
be limited to the following:
NNC Resolution CJY-41-04
21. An open space plan which preserves for the
people certain areas to be retained in their natural state or developed
for recreational purposes or for varying
purposes. NNC Resolution
land use plan which projects future community land needs, shown by
location and extent, areas to be used for residential, commercial,
industrial, and public purposes. NNC Resolution CJY-41-04
4 2. A thoroughfare plan which provides a system of and design for
major streets, information about the existing and proposed road network in relation
to the distinguishing
between limited access, primary, and secondary thoroughfares, and
relating major thoroughfares to the road network and land use
of the surrounding area. NNC Resolution
A community facilities plan which shows the location, type, capacity, and
area served, of present and projected or required community facilities
including, but not limited to, recreation areas, schools, libraries, and
other public buildings. It will also show related public utilities and
services and indicate how these services are associated with future land
Presentation of Comprehensive Plan Establishment and Duties
of the Community Land Use Planning Committee NNC Resolution CJY-41-04
1. Upon approval and passage of a Chapter
resolution stating the Chapter's desire to develop and implement a
community based land use plan, the Chapter shall establish a Community
Land Use Planning Committee (CLUPC) to approve the processes for planning
and to oversee planning activities. The committee shall work closely with the
designated planner and the community residents as planning progresses.
The CLUPC committee
shall be comprised of voting members of the Chapter that have expertise
to provide valuable contributions to the overall land planning process.
Subcommittees such as technical, and public advisory committees,
comprising of voting and non-voting members may be established to assist
the CLUPC committee. NNC Resolution CJY-41-04
2. The CLUPC
committee may hire a planner. The Navajo Nation shall provide funds for the
chapter to hire a planner and the planner shall be responsible for , subject to availability
of funds, to be responsible for preparing the CLUP community based land
use plan. At a minimum, the planner shall exhibit leadership
qualities and organization abilities along with experience or education
in the discipline of land planning.
NNC Resolution CJY-41-04
3. The planner shall work under the supervision
of the Chapter Manager or Chapter
CLUPC committee and
with the community residents. The duties and responsibilities of the
planner shall include , but are not limited to the following: NNC Resolution CJY-41-04
a) Coordinating all land planning activities.
b) Developing a community education and
participation plan describing methods that will foster public education
participation through public hearing, newspaper and radio. Chapter
members will be periodically informed on the progress of the land
planning activities. All information pertaining to the plan shall be
available to the public. The CLUPC
committee shall approve the
community participation plan. NNC Resolution
c) Developing and implementing a community
assessment ascertaining the goals, priorities, and vision for the future
of the community.
d) Inventorying and assessing pertinent data.
The planner shall request data and seek technical assistance when
necessary for compilation of all available data
date from tribal, federal, and state
agencies for inventorying and assessing natural, cultural, and human
resources, as well as community infrastructure. In addition, Chapters may
hire consultants to assist with the inventory and assessments.
e. The Navajo Nation shall provide funds for the chapter to
hire a planner and the planner shall be responsible for conducting the
duties described in this subsection.
e) In the event a Chapter lacks the resources to hire a planner,
the CLUPC shall be responsible for conducting the duties described in
this subsection. NNC Resolution CJY-41-04
D. Presentation and Approval of
Comprehensive the Community Based
Land Use Plan by the Chapter and Certification by the Transportation and
Community Development Committee NNC Resolution
1. Upon completion of the resource
community assessment, the planning board CLUPC shall prepare a community based
land use plan as described in Section 101. Local planning and zoning
ordinances may also be presented at this time. The community based land
plan shall be presented to the local residents in one or more public
meetings and through the various multimedia. The community members
shall have 60 days to comment in writing or in testimony at a final
public hearing. Upon
compliance with the notice requirements, the Chapter, at a duly-called
chapter meeting, shall by resolution, vote to adopt the community based
land use plan. NNC Resolution
2. The CLUPC
committee, after consideration for public input
shall make necessary adjustments, as approved by the Chapter membership finalize the plan,
submit the plan to the Transportation and Community Development Committee
of the Navajo Nation Council. The Transportation and Community Development c Committee by committee
resolution shall approve certifythe
land use plan. Every five years the plan shall be reevaluated and
readjusted to meet the needs of the changing community. NNC Resolution CJY-41-04. Governance Certified Chapterswill
proceed according to their alternative governance models where they might
set zoning committees, etc.
E. Land Use Variations
The utilization of all withdrawn lands of the
community as defined by the adopted
Comprehensive Community Based Land Use
Plan shall be in accordance with applicable Navajo Nation and federal law, and the
provisions of said plan; variations to said plan must be consistent with
Section 103(E)(4). NNC Resolution
Section 2005. Eminent Domain Requirements
A. Damages to Improvements of Individual Navajo
1. Whenever a Navajo Nation Chapter disposes of
land containing any improvement belonging to a Navajo Indian who will not
donate the same, whether the disposition is made by surface lease,
permit, consent to grant of right-of-way or consent to commencement of
construction on a proposed right-of-way, or in any other manner that
gives the grantee or proposed grantee exclusive use of the surface of the
land containing such improvement, or authorizes the grantee or proposed
grantee to use the surface of the land in such manner that said
improvement or improvements must be removed, damaged, or destroyed, the
Chapter will pay damages to the rightful claimant of such improvement or
2. As used in this Section
"improvement" means house, hogans sunshade, stables, storage
sheds, dugouts, and sweathouses; sheep and horse corrals, and pens, and
fences lawfully maintained; irrigation ditches, dams, development work on
springs, and other water supply developments; any and all structures used
for lawful purposes and other things having economic value. Where any
improvement of a Navajo Indian is readily removable and such person has
an opportunity to remove the same, damages payable on account of said
improvement shall be limited to the reasonable cost of removal, if any,
even though the claimant thereof may have failed to remove such
improvement and it may have been destroyed or damaged in the authorized
course of use of the land on which it is located.
3. No damages shall be paid to any person for
any improvement, when such person at the time of building or acquiring
said improvement knew or with reasonable diligence ought to have known
that the area in which it was located was proposed to be disposed of by
the Chapter adversely to such person's interest.
4. Damages to be paid to individual Navajo
Indians under this Section shall be fixed by negotiation and consent
between the Chapter President of the Chapter or his or her authorized
representative and the individual involved. If no agreement satisfactory
to the Chapter President or his or her representative can be reached
within a reasonable time, the Chapter President shall appoint one
appraiser, the individual shall appoint one appraiser, and the two
appraisers so appointed shall appoint a third appraiser; but if they
cannot agree upon the third appraiser within 10 days, the Chapter
President may appoint him or her. The three appraisers shall examine the
improvement alleged to be damaged and shall appraise and determine the
damages. Their determination shall be submitted to the Natural Resources
Committee of the Navajo Nation Council and when, if, and as approved by
said Committee the amount thereof shall be final. The Chapter shall pay
the fees of said appraisers, except where they are regular Navajo Nation
employees, in which case they shall not be entitled to any fees. In
addition the Chapter shall pay the reasonable and necessary expenses of
said appraisers, whether or not such appraisers are Navajo Nation
B. Economic Damage to Intangible Interests of
1. Whenever as a result of a Navajo Nation
Chapter granting any lease or permit embracing Navajo Nation land, or
granting permission by the Chapter for the use of Navajo Nation land, or
as a result of the use of Navajo Nation land under such lease, permit or
permission, the value of any part of such land for its customary use by
any Navajo Indian formally lawfully using the same is destroyed or
diminished, the Chapter will compensate the former Navajo Indian user in
the manner hereinafter specified.
2. When the livelihood of the former Navajo
Indian user is gravely affected by the new use, such user shall have
first priority in resettling on other lands acquired by the Navajo
Nation, except the area acquired pursuant to the Act of September 2, 1958
(72 Stat. 1686); and the Chapter shall pay the expense of removing said
person, his or her family, and property to any new land made available
for his or her use, and such shall constitute full compensation to such
3. In all other cases involving damages under
this paragraph, the amount thereof shall be fixed and determined in the
manner specified in 26 N.N.C. Section 2005(A)(4) above.
4. Whereby reseeding, irrigation, or otherwise,
the remaining land in the customary use area of any individual damaged by
the governmental exercise of eminent domain is within a reasonable time
made able to provide the same economic return as his or her former entire
customary use area, no damages shall be payable to such person, except
for the period, if any, between adverse disposition of the land in the
customary use area and the time when the productivity of the remaining
land achieves equality with the entire former customary use area.
5. Only lawful and authorized use shall be
compensated under this Section. Thus, no person shall be compensated for
loss of use of land for grazing animals in excess of his or her permitted
number, or without a permit.
6. Every person otherwise entitled to damages
under subsection (3) of this Section shall not be entitled to receive any
payment thereof until that person has surrendered for cancellation that
person's grazing permit as to all animal units in excess of the carrying
capacity of the land remaining in that person's customary use area.
Persons so surrendering their grazing permits shall be entitled to an
immediate lump sum payment based on the current market value for each
sheep unit canceled.
C. Adverse Disposition of Navajo Nation Land
Not to be Made Until Individual Damages are Estimated
Neither lessee, permittee, or the grantee of a
right-of-way or other interest in or right to use Navajo Nation lands
shall commence any construction thereon, nor make any change in the grade
or contour thereof or remove any surface vegetation thereon until the
damages to the improvements thereon or the customary use rights of all
the individuals affected thereby have been estimated by the Office of
Navajo Land Administration of the Navajo Nation. Unless the Chapter
membership has previously authorized the payment of such damages from
nonreimbursable funds of the Chapter, the Chapter President shall require
the applicant for such lease, permit or grant of a right-of-way or other
interest in or right to use Navajo Nation lands to deposit with the
Chapter Manager or Chapter Coordinatntor
Secretary/Treasurer an amount equal to
at least double the estimate of damage made by the Office of Navajo Land
Administration. After the lease, permit, or grant of right-of-way or user
has become final and the damages have been determined, either by
appraisal, estimate or by consent as hereinbefore provided, the Chapter
President shall cause the Secretary/Treasurer to pay, from and out of
this deposit, to the person or persons damaged thereby such sum as he,
she or they may be entitled to under the terms of this Section, and to
return to the applicant the excess thereof, except that where the
individual damaged has not consented to the determination of the amount
thereof, it shall be withheld in order to satisfy the excess amount, if
any, determined under 26 N.N.C. Section 2005(A)(4). Such disbursements
shall be made without further appropriation of the Navajo Nation Chapter
membership. All sums held by the Secretary/Treasurer of the Navajo Nation
Chapter, pursuant to the terms of this Section, for a period of more than
30 days shall be deposited in a Federal Savings and Loan Association or
invested in the bonds of the United States until needed for disbursement.
Section 2006. [Reserved]
Section 2007. [Reserved]
Section 2008. [Reserved]
Subchapter 9. [Reserved]
Subchapter 11. [Reserved]
ONGD: 9/4/97;Revised 4/28/98; As amended by the
NNC on 4/20/98