Sandoval v. Navajo Election Administration

11 Am. Tribal Law 112
CourtNavajo Nation Supreme Court
DecidedFebruary 26, 2013
DocketNo. SC-CV-62-12
StatusPublished
Cited by6 cases

This text of 11 Am. Tribal Law 112 (Sandoval v. Navajo Election Administration) is published on Counsel Stack Legal Research, covering Navajo Nation Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sandoval v. Navajo Election Administration, 11 Am. Tribal Law 112 (navajo 2013).

Opinion

OPINION ON RECONSIDERATION

This case concerns an appeal of the Office of Hearings and Appeals’ (OHA) dismissal of a post-election challenge to the qualifications of the winning candidate in a school board election matter. In an opinion issued on December 18, 2012, we reversed the OHA. Subsequently, the Real Party in Interest (RPI) submitted a timely request for reconsideration. The Court now issues its opinion addressing the issues raised by the RPI.

I

The following facts are not in dispute. At the time he filed his candidacy application on May 30, 2012, the RPI was an employee of the Shiprock Associated Schools, Inc. (SASI), serving as Executive Director. On May 14, 2012, SASI placed the RPI on paid administrative leave. On May 30, 2012, the RPI filed his candidacy papers for SASI school board member. On July 20, 2012, the RPI submitted his resignation and on August 13, 2012, SASI accepted the resignation. On November 6, 2012, the RPI was elected as school board member, defeating the only other candidate, Appellant Mae Y. Sandoval.

On November 15, 2012, within the post-election statutory challenge period of 10 days, Appellant filed a Statement of Grievance with the OHA pursuant to 11 N.N.C. § 341 alleging “the Navajo Nation Election Administration Office has wrongfully certified Dr. Leo Johnson, Jr., as a school board candidate while he was still an employee of that organization,” in violation of 11 N.N.C. § 8(D)(4)(e) that states a candidate or spouse of candidate must not be an employee of the school on whose board he or she would serve. Statement of Grievance, p. 1. RPI claims that he was not provided notice that this grievance was filed. The OHA accepted the grievance and on November 27, 2012, without a hearing, the OHA entered Findings of Fact, Conclusions of Law and Final Order (Final Order) dismissing Appellant’s grievance solely on the ground that 11 N.N.C. § 6(E) (as amended by Council Resolution No. CMY-38-12, effective July 6, 2012) was not yet in force at the time the RPI submitted his candidacy qualifications documents and, therefore could not be applied retroactively to the RPI. Amended Section 6(E), which prohibits any employee of a school board within the last five years from running as a candidate for school [115]*115board member, was not referred to by the Appellant in her grievance. This appeal followed. On December 18, 2012, this Court issued an expedited opinion reversing the OHA and invalidating the election on the basis that a candidate must meet the Section 8(D)(4)(e) employment-based qualification at the time he/she files the required written statement swearing that he/she meets all the qualifications as required by law.

On January 10, 2013, the RPI requested reconsideration on the following bases: that due process was denied him in the underlying grievance and this appeal; that Appellant’s postelection challenge of his candidacy is barred as untimely per 11 N.N.C. § 24; and the employment-based qualification of 11 N.N.C. § 8(D)(4)(e) being without a qualifying time element must be read, for equal protection reasons, as applicable upon oath, not at the time of filing. The RPI has not taken any oath of office pending this appeal. After confirming that the RPI had not received notice, this Court ordered briefs to address all issues raised by RPI. All briefs having been received, we now issue our opinion.

II

We address the following issues: (1) whether dismissal is required when an RPI lacks notice of the filing of an election grievance and its subsequent appeal; (2) whether 11 N.N.C. § 8(D)(4)(e) applies upon filing candidacy papers or at the time of oath; (3) whether 11 N.N.C. § 6(E), as amended, applied to the RPI in the run-up to the 2012 chapter elections; and (4) whether a post-election challenge to RPI’s qualifications is untimely in view of Haskie v. Navajo Board of Elections, 6 Nav. R. 336 (Nav.Sup.Ct. 1991).

III

The Court’s standard of review of OHA’s decision is set by statute. Review is limited to “whether or not the decision of the Office of Hearings and Appeals is sustained by sufficient evidence on the record.” 11 N.N.C. §§ 24(G), 341 (2005). Though the provision emphasizes the sufficiency of the evidence, dearly a decision based on an erroneous interpretation of the law cannot be sustained by sufficient evidence. The Court therefore has the authority to examine the underlying legal interpretation, and can reverse an OHA decision if the law OHA relies on is not valid. In re Appeal of Vern R. Lee, 6 Am. Tribal Law 788, 789-90 (Nav.Sup.Ct.2006) citing Begay v. Navajo Nation Election, Admin. (NEA), 8 Nav. R. 241, 250, 4 Am. Tribal Law 604 (Nav.Sup.Ct.2002). When addressing the legal interpretations of administrative bodies, this Court applies a de novo standard of review. Todacheenie v. Shirley, No. SC-CV-37-10, slip op. at 3 (Nav.Sup.Ct. July 30, 2010) citing, inter alia, Begay v. NEA at 250, 4 Am. Tribal Law 604. Additionally, where there are allegations of violations of due process, this Court “is not limited by the scope of review set forth in [11 N.N.C. § 341].” Begay v. NEA at 250, 4 Am. Tribal Law 604 citing Morris v. Navajo Board of Election Supervisors, Nav. R. 75, 78 (Nav.Sup. Ct. 1993).

IV

The Court previously decided this matter on an expedited basis in order that an opinion could be issued prior to the oath-taking of all candidates elected in the 2012 chapter elections, which took place on November 6, 2012. In Navajo thinking, the selection of a person by voters is only one of several requirements for a candidate to become a naat’ánii. That person must take the standard oath approved by the Board of Election Supervisors (Board) to obey and implement the laws of the sover[116]*116eign government within whose system he or she will serve the people—“naat’anii (idee hadidziih.” In re Grievance of Wagner, 7 Am. Tribal Law 528, 532-33 (Nav.Sup.Ct.2007) citing In re Appeal of Lee, 6 Am. Tribal Law at 792-93. School board members swear to “preserve, protect and defend the laws and government of the Navajo Nation and advance the interests of the Navajo people, having due regard for the ethical duties and responsibilities of the office.” Resolution No. BOESS-027-07 (Navajo Board of Election Supervisors, September 13, 2007). The Diné people will keep that elected official to his or her words. See id., citing Kisoli v. Anderson Security Agency, 8 Nav. R. 724, 6 Am. Tribal Law 692 (Nav.Sup.Ct.2005) (“Words are sacred and never frivolous in Navajo thinking”). The oath is absolute and sacred. Id. Additionally, Navajo culture is forward-looking and it is never preferable to unwind events that have already occurred. It is for these reasons that this Court hurried to issue its initial decision before the oath of office was administered.

While the Court previously addressed only 11 N.N.C. § 8(D)(4)(e), we now expand our inquiry to address equal protection and due process issues raised by the RPI. We also address the OHA’s decision that amended 11 N.N.C. § 6(E) is not retroactive, as the RPI has called our attention to the entirety of the OHA’s summary dismissal. Additionally, the submitted briefs show that clarification from this Court is needed regarding the effective date of this amendment. By including amended Section 6(E) in our inquiry, the bases for challenges and remedies are both expanded.

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Cite This Page — Counsel Stack

Bluebook (online)
11 Am. Tribal Law 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sandoval-v-navajo-election-administration-navajo-2013.