Group calls for Eastern Band of Cherokee to rescind pay raises

The advocacy group Eastern Band of Cherokee Indians for Justice & Accountability has called on the Tribal Council to rescind and return about $1 million in pay raises it says were issued illegally in 2014. The group says that in October that year, the Eastern Band’s Tribal Council gave “lump-sum payments after the passage of Resolution No. 261 in amounts ranging from $13,594 to $23,565” to current and past Council members.

The Smoky Mountain News covered the Council resolution in December 2014, reporting Principal Chief Michell Hicks’ response that the money was a long overdue salary adjustment. “This is an adjustment for prior periods, so it should have already been enacted,” Hicks told the News.

Here’s the full statement from the EBCIJA:

Tribal Council Must Rescind Illegal Pay Raises, says Eastern Band of Cherokee Indians for Justice & Accountability

Organizers seek the return of nearly $1 million in Tribal funds from current and past Tribal Council members.

Cherokee, N.C. (April 21, 2015) – Actions taken today against leaders of the Eastern Band of Cherokee Indians Tribal Council demanded the return of nearly $1 million in Tribal funds that are being used for illegal pay raises. Interim Attorney General Hannah Smith and each current Tribal Council member received a letter served upon them by the Eastern Band of Cherokee Indians for Justice & Accountability (EBCIJA), an advocacy group, demanding that the return of illegal pay to the Tribe. The organization states that they are prepared to file suit in Tribal Court, should Tribal Council fail to meet their demand.

Becky Walker, a leader of EBCIJA, explains the motivation behind this action: “It is our inherent right as enrolled members of the EBCI to have Tribal leaders who conduct themselves with integrity, honesty, and accountability. Anything less is just unacceptable.”

The demand letter states, “At a time when vital Tribal programs in the areas of health, elder services, families and children continue to be underfunded, such exploitation of public office for personal gain is simply unconscionable. Service on Tribal Council is precisely that – a service. It is not an entitlement designed to line the pockets of those privileged to serve the people.”

EBCIJA demands that Tribal Council rescind Resolution No. 261, an illegal measure passed on October 14, 2014, which gave current and past Tribal Council members midterm, retroactive pay raises that purport to date back to 2010. Several former Tribal Council members who are no longer serving on the council received lump-sum payments after the passage of Resolution No. 261 in amounts ranging from $13,594 to $23,565. Today’s action alleges that these pay raises are in direct violation of the Charter and Governing Document of the Eastern Band of Cherokee Indians, which states that “Pay raises for Tribal Council members shall not exceed the amount appropriated in that fiscal year for Tribal employees. These pay increases shall not take effect until the next Tribal Council members are seated.” (Section 7 and Cherokee Code Section 117-15(a)).

The next Tribal Council will be seated in October 2015. Tribal employees rarely actually receive pay increases. Amounts appropriated for Tribal employees has historically averaged around 3% of their salaries.

“The illegal acts committed by some current council members are not representative of Cherokee traditional teachings,” says Amy Walker, a Tribal elder affiliated with EBCIJA.

“The people of the EBCI deserve a government that takes into consideration the present and future needs of the people,” says Peggy Hill.

The letter demands that Tribal Council return the illegal pay raises and rescind Resolution No. 261. The letter also states that the organization is prepared to file suit in Tribal Court, should the Tribal Council fail to meet their demand. The letter includes a draft of a complaint, which outlines their claims.

The demand letter was served by Meghann K. Burke of Brazil & Burke, P.A. in Asheville, North Carolina, on behalf of the Eastern Band of Cherokee Indians for Justice & Accountability.

The demand letter was served by Meghann K. Burke of Brazil & Burke, P.A. in Asheville, North Carolina, on behalf of the Eastern Band of Cherokee Indians for Justice & Accountability.