A shake up in the Eastern Band of Cherokee came yesterday when a group called the Eastern Band of Cherokee Indians for Justice & Accountability (EBCIJA) filed suit in Tribal Court. The group is seeking to have a resolution overturned that was passed by the last Tribal Council giving themselves significant pay raises. EBCIJA alleges that the resolution violates the Cherokee Code and was therefore an illegal action under tribal law. Not only does the suit say the pay raises were illegal, it accuses the former Chief and Vice Chief of conspiring to draft and pass the allegedly illegal resolution.
The legal challenge came just one day after the new Tribal Council was seated on Oct. 5. In the hotly contested elections, 8 of the 13 members who voted for the resolution in question lost reelection to the council.
Full press release form Brazil & Burke law firm:
The Eastern Band of Cherokee Indians for Justice & Accountability (“EBCIJA”) filed a lawsuit in Tribal Court yesterday challenging pay increases former Tribal Council members gave themselves in violation of Tribal law. The group estimates the total value of unlawfully received funds at $1 million. The lawsuit also brings claims of civil conspiracy against former Chief Michell Hicks and former Vice Chief Larry Blythe. Hicks and Blythe drafted and introduced Resolution No. 261, which gave themselves and current and former Tribal Council members significant pay raises.
“The illegal pay raises contributed to a climate of distrust of our Tribal Council and Executive Branch,” says Lea Wolfe, a member of the organization. “Tribal Council disregarded our laws as though they didn’t exist. They need to be held accountable.”
Resolution No. 261 was passed in October 2014. Within weeks, two protests were filed by Tribal Council members but were never heard. In April 2015, the EBCIJA demanded that Tribal Council repeal the law. Tribal Council did respond to the group’s demands. The illegal pay increases became a contentious issue during the recent Tribal Council election in which eight former members were defeated. Five Tribal Council members who voted for Resolution Number 261 remain in office. The newly elected Tribal Council was seated on October 5, 2015.
“Tribal Council has a duty to uphold the law and to serve the people. When those basic tenets are violated, the courts offer recourse,” says Meghann Burke, attorney for the
EBCIJA of the Asheville-based law firm of Brazil & Burke, P.A.
According to the Tribal Council’s response to a public records request, former Tribal Council members received nearly $400,000 in so-called “retroactive salary increases” dating back to 2010. Four former Tribal Council members who have not been in office since 2013 received lump-sum payments in October 2014 in amounts up to $24,000. Under Resolution No. 261, current and prospective Tribal Council salaries were increased from $70,000 to $80,600 per year. Retirement plans will also be increased under the law. The EBCIJA estimates the total amount of unlawfully converted funds at approximately $1 million.
The lawsuit alleges that Resolution No. 261 violates the Cherokee Code in two main ways: (1) the pay increases took effect before the next Tribal Council is seated on October 6, 2015; (2) the pay increases exceed the amount appropriated in Fiscal Year 2015 for Tribal employees.1 Since 2010, Tribal Council has budgeted a 1-4% pay increase each fiscal year for Tribal employees, but employees say that they have rarely actually received those pay increases due to budget constraints.
The lawsuit seeks a declaratory judgment by Tribal Court as to whether Resolution No. 261
violates Tribal law. The lawsuit also seeks an order from the court to stop enforcement of the law. All Tribal Council members who voted for Resolution No. 261, former Chief Hicks, and former Vice Chief Blythe are named individually as defendants.
The EBCIJA calls for the newly-seated Tribal Council to act swiftly to ensure Tribal law is followed and unlawfully converted funds are returned.
To view the complete complaint filed with the Eastern Band of Cherokee Tribal Court, click here.
Before you comment
The comments section is here to provide a platform for civil dialogue on the issues we face together as a local community. Xpress is committed to offering this platform for all voices, but when the tone of the discussion gets nasty or strays off topic, we believe many people choose not to participate. Xpress editors are determined to moderate comments to ensure a constructive interchange is maintained. All comments judged not to be in keeping with the spirit of civil discourse will be removed and repeat violators will be banned. See here for our terms of service. Thank you for being part of this effort to promote respectful discussion.