Dismissal motions in pay raise lawsuit heard in Tribal Court
Motions to dismiss the lawsuit (Eastern Band of Cherokee Indians for Justice & Accountability v. Henry et. Al., Case No. CV 15-475) on the issue of the disputed pay raises approved by Tribal Council in October 2014 were heard in Cherokee Tribal Court on Wednesday, June 8.
The lawsuit was filed in October 2015 by a group known as the Eastern Band of Cherokee Indians for Justice & Accountability (EBCIJA). Resolution No. 261 (2014), passed on Oct. 14, 2014, is the main point of contention in the lawsuit. That legislation approved the FY2015 EBCI tribal budget and included pay raises for the members of Tribal Council which the EBCIJA alleges is in violation of Section 117-15(a) which states, “Pay increases for the 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 elected Tribal Council members are seated…”