On Wednesday, the Navajo Nation Council held a two-day Special Session to deliberate whether or not to remove Pearline Kirk as Navajo Nation Controller. Kirk was the subject of an investigation of the relationship between the Office of the Controller and Agile Technologies, which is accused of unlawful Covid-19 testing on the Navajo Nation.
The debate follows a vote of no confidence by the Eastern Agency Council (EAC) in the Office of the Controller OOC.
The EAC passed a resolution on March 6 in response to Kirk’s alleged failure to adequately administer Coronavirus Aid, Relief, and Economic Security Act (CARES) funds to Eastern Agency chapters through Legislation No. 201-20. The resolution also included the Crownpoint Chapter’s position of poor management and unfair due diligence against Kirk for projects within Eastern Agency, which was approved with a vote of 15 in favor and 11 opposed.
“Through all of this, I have lost confidence in her and I have many reasons in addition to the light Madam Attorney General [Doreen McPaul] has shed on this,” added Delegate Halona. “She serves at the pleasure of NNC, and we don’t need to provide any discretion.”
Before the final vote, the Council entered a one and a half hour executive session where McPaul and Chief Legislative Council Dana Bobroff provided updates on new developments regarding the criminal charges filed by the Navajo Nation Department of Justice against Kirk.
Council Delegate Carl Slater claimed the “Controller has not cooperated with any investigations since 2017 and it becomes very suspect if you’re a member of the Navajo Nation Government while declining to participate when called on by your Department of Justice.”
After two days of deliberation totaling 12 hours of discussion, Council Delegate Jamie Henio motioned to cease debate, which passed with a vote of 15 in favor and 7 opposed.
The debate on Legislation 0083-21 concluded with a final vote of 13 in favor and 10 opposed thereby enacting the immediate removal of Kirk as the Controller of the Navajo Nation.
According to McPaul, the investigation will continue against Kirk and the passage of 0083-21 does not establish Council’s position on the investigation. Additionally, McPaul said they will be following up with the Agile Technologies Board in the coming weeks.
On Thursday, Navajo Nation President Jonathan Nez and Vice President Myron Lizer appointed Elizabeth Begay, former Navajo Nation Auditor General, to serve as the acting Controller for the Navajo Nation until a new Controller is appointed and confirmed.