Chapter Government

Background In June 1927, John Hunt, Superintendent of Leupp Agency introduced the first chapter system which communicated more openly with the Navajo Peopl on local issues and problems. The "new" system was easily accepted by the Dine' because they were traditionally accustomed to discussing local matters. However, there was no formal mechanism in place for the proper functioning of the chapter governments and it was more or less left up to the local government to deal with their own problems and concerns. On September 11, 1980, the Navajo Tribal Council adopted a Plan of Operation for chapters. This Plan of Operation granted recommending authority to chapters, was overly controlled by the central government, and did not provide for the seperation of powers and the checks and balances.

On April 20th, 1998, the Commission and Office of Navajo Government Development forwarded the Navajo Nation Local Governance Act (LGA) to the Navajo Nation Council for approval. LGA's passage by the Navajo Nation Council followed a major public policy process that involved thorough planning, public presentations and hearings. The fundamental purpose of the LGA is to grant governmental authority for local matters to the Navajo Nation chapters. Accountability is assured by the Five Management System which consists of policies and procedures of personnel, procurement, record keeping, property management and accounting. Chapters wanting to use the plan which must recieve certification from the Transportation and Community Development Commitee of the Navajo Nation Council.

Once chapters meet standards for the accountability, they can make decisions concerning the type of government they want. Local matters including housing and economic development, taxation, community financing, infrastructure development, land use planning/zoning, revenue generation, contracting tribal, state and federal programs, public safety, recreation, and local ordinance development and enforcement.

New Responsibilites of Chapter Officials, Chapter Members, and Administration
The Local Governance Act seperates and identifies the responsibilities of chapter officials, administrators and the citizens in the chapter government. The chapter membership are the policy and decision makers of the chapter. Chapter administrators carry out the administrative duties and responsibilities of the chapter. Chapter officials guide the policy making, run chapter meetings, provide leadership, and ensure that the administration is carrying out the directives of the membership.

With the passage of the Local Governance Act, improvements have been incorporated assist chapter officials in conducting effective chapter meetings and business transactions such as:

- Requiring a 48-hour advanced public noticeof chapter meetings and agenda.
- Providing for the development of the alternative chapter quorum requirements. Alternative requirements could be similiar to County Commission, City Council, or traditional Navajo requirements.
- Ensuring community education and involvement for chapter ordinances.
- Tape recording all discussed action items.
- Transferring all finalized resolutions and / or minutes to chapter manager within ten working days - Co-signing checks along with the Chapter Manager - Prohibiting financial transaction by Chapter Officials three (3) months prior to general elections
- Mandating attendance at Ethics in Government training for all chapter officials and; and
- Requiring chapter budgets to be presented to the chapter membership for approval

Many citizens, elected officials, young people, and the elderly are considering the potential for oppurtunities under the new law by exploring new wasy to assist their chapter governments with this historic initiative.

Chapters can authorize by resolution, the issuance of home, business and other site leases, subject to local rules and regulations; acquire sell, or lease personal property of the chapter; and enter into agreements with other chapters. Chapters can also enter into intergovernmental agreements with state, federal, county, Navajo Nation and other governmental entities for the administration of service deliver functions, subject to approval by the Intergovernmentatl Relations Committee of the Navajo Nation Council. Other authorizations include administering programs through contract/subcontracts with the Navajo Natio; appropiation and reallocation of funds; retaingin legal counsel; and establishing a peacemaking system or administrative procedure for resolving disputes.

Additionally, chapters can, by local ordinance, adopt alternative forms of chapter governance; levy local taxes pursuant to a local tax code; amend land use plans; acquire property by eminent domai; acquire and administer capital improvement project funds; issue community bonds; and enact zoning and regulatory ordinances. All exercise of authority must be consistent with the Navajo law.

Chapter Officials
Chapter officials are elected by the chapter membership to faciliate the conduct of chapter meetings and guide policy making within the chapter. The administrative functions of the chapter government are left to the chapter employees. An individual may not serve as both a chapter official and a chapter employee at the same time. The chapter membership elects the President, Vice-President and Secretary/Treasurer. Chapter officials are elected to a four-year term and their responsibilities include conducting chapter meetings, representing the chapter and/or the community at various functions, and maintaing a high standard of conduct in all chapter business consistent with Navajo law. Chapter officials recieve no annual salary, instead they are paid stipends to conduct community meetings. each chapter determines the number of meetings held eachmonth with the time and place for such meetings. The Chapter President has the right to call special or emergency meetings when necessary.