LCO Chairman Mic Isham is at it again. Last year he issued a
direct order to all tribal employees not to post on social media, in an attempt
to restrict political activity, because this order was done during election
season. Of course, this directive only applied to his opposition because over
the past year there’s been many documented instances of his supporters posting
hateful things on Facebook during their working hours, with no repercussions at
all.
Now this chairman has issued a directive to all employees
that they must sign a consent form that basically gives up certain guaranteed
rights to every American citizen, such as a right to a jury trial.
The tribal council amended their disciplinary action and
appeal process on June 21, 2016, which effectively removed the Appeals
Committee and Evidentiary Hearing process for any tribal employee who wishes to
appeal being dismissed from employment. The new procedure will have all tribal
employee appeals heard before the LCO Tribal Court, before Judge Mohr. The new
policy states that no disciplinary actions are appealable anymore and that
basically, the tribal court has the final say.
There are other limitations in the policy, such as limiting
the amount of witnesses you can bring forth on your behalf, another violation
of the constitution. Here is the Consent to Grievance and Appeal Process they
want you to sign;
I hereby consent, as a
condition of my employment, to the Complaint Resolution Procedures set forth in
Article 10 of this Personnel Policy Manual and the exclusive jurisdiction of
the Tribe’s Grievance and Appeal Procedure set forth in Article 12, and the
jurisdiction of the Tribal Court for all disputes in connection with my
employment with the Tribe. I acknowledge that my failure to comply with time limitations
for resolving a complaint or filing a grievance or appeal will preclude further
consideration of any matter. I hereby waive any right I may have to litigate in
another court of law claims arising out of my employment, and hereby waive any
right I may have to a jury trial, and agree instead to submit the claims to the
Tribe’s Grievance and Appeal Procedure. I consent to the application of Tribal
law, both substantive and procedural, regarding all proceedings, matters and
things relating to my employment relationship.
Why do this? Yes, there were and always have been a lot of
appeals within our tribe, justly so. Many times employees may have been
unjustly removed from their positions, for many reasons, such as things that go
on outside the work place between family members. This is a small community and
everyone knows everyone.
The most likely reason that Mic decided to institute this
new policy is because tribal employment is his SWORD! He may knight you by
tapping you on the shoulders, meaning you’re all good, go to work and remain in
his good graces. Or, he may strike you down, meaning you messed up, are no
longer in his good graces and will no longer work for our tribe. It doesn’t
matter where you are on the totem pole, whether doing dishes, sweeping floors or
directing an enterprise, he will make sure you don’t work for this tribe.
It’s his way of controlling the voices of our people. He
uses intimidation and fear tactics, for example, “If you complain on Facebook,
you are in violation of Tribal Law!” Unreal.
With this new policy, he can now make sure there is very
little those unjustly removed employees can do to get their jobs back. Once you’re
fired, you’re fired, adios, see ya, wouldn’t wanna be ya!
But can he really do this? Isn’t this a violation of the
United States Constitution? Simple answer… YES. So, how does he think he can
get away with it. Well, his incompetent lawyers continue to give him this bad
advice, well, probably even against their own wishes because of his arrogance,
he insists. It probably goes something like this;
Mic: “Can we take away their (employees) right to an appeal?”
Kekec: “Weeelllll, Ummm… Not really.”
Mic: “That’s not what I want to hear.”
Kekec: “Actually, yes, we can, if we claim sovereignty.”
Just because our tribe is a sovereign nation within another
nation we are still governed by the laws of the United States. Our tribal
government can’t usurp the US Constitution. Jeff Tribble made a great post on
Facebook in regards to this clear violation of your rights.
“TO ALL LCO TRIBAL MEMBERS... DO NOT SIGN THE " CONSENT
TO GRIEVANCE AND APPEAL PROCESS" that the tribe has issued with your
paychecks. This is another huge violation to your constitutional rights. They
want you to give up your rights to " DUE PROCESS" by signing this
paper,,,DONT DO IT> They cannot make this part of your employment
agreements. They have in this agreement that you agree to give up your right to
appeal to higher courts. NOBODY,,,and I mean NOBODY can legally take those
rights from you, nor can they force you to sign as a condition of your
employment!!! FIGHT BACK LCO!!!!!! FIGHT BACK NOW!!!”
Jeff added to his comment, “They even have in there that you
agree to give up your right to a jury trial,,your right to a fair and impartial
hearing. DONT SIGN THIS FORM!!!! In this form they have many violations of your
rights. Sec (3) Tribal Court Appeal Hearing ---(iv) The employee is limited to
1 advocate and 5 witnesses. Federal Law prohibits such limitations as part of
your constitutional rights. You may have an unlimited amount of witnesses and
or evidence to prove your innocence. (v) All employees requested to testify at
an employment hearing must do so or you will be fined and/or face disciplinary
action. This is huge,,,This is a very bad violation of your rights. FEDERAL LAW
does not allow for anyone to force you to testify in any kind of hearing. That
is YOUR choice. DONT SIGN THIS FORM.”
Listen to that members… Don’t sign the form. They can’t fire
all of you. Share this message and spread the word. Fight back now. Show up to
the Membership Meeting on Friday morning, July 1, and make a stand together. We
are a sovereign tribe, but we are not some third world dictatorship. I truly
believe that if we were, many of us would have already been put before the
firing squad!
