Apply For Emergency Hearing Before the Cherokee Nation’s Highest Court
The original Cherokee Nation Marshals have requested that the Cherokee Nation Judicial Appeals Tribunal have an emergency hearing because they have been laid off.
Jim Wilcoxen, attorney of the Cherokee Nation Marshals, announced, “I was compelled to file the application before the Court because my clients, the original Cherokee Marshals, were notified their positions were no longer funded.”
The Cherokee Nation Marshals were being paid from federal funds as of the time they were placed in a lay off status. Pat Ragsdale, Director of the Cherokee Nation Marshal Service said, “This is the second time we have been arbitrarily and capriciously terminated. The Byrd administration has a reported $35 million or more federal dollars in the bank according to the Treasurer’s Report to the Council. Simply put, the Chief has impounded or withheld funds to pay our salaries to get rid of us without regard to our individual rights under the Constitution of the Cherokee Nation. The amount authorized by the Cherokee Nation Council to pay for law enforcement has not changed.”
The Judicial Appeals Tribunal is the equivalent of the Supreme Court of the Cherokee Nation. This Court has final authority regarding employment appeals under the Cherokee Nation Constitution.
Attached is the application which is self explanatory.
For Additional Information Contact:
Jim Wilcoxen, (918) 683-6696
Pat Ragsdale, (918) 683-5588
IN THE JUDICIAL APPEALS TRIBUNAL OF THE CHEROKEE NATION
WILLIAM PATRICK RAGSDALE, et al.,
Appellants, Case No. JAT-97-42-B
APPLICATION FOR EMERGENCY HEARING
COME NOW the Plaintiffs herein and move this Court for an emergency hearing for the reason that each of these Plaintiffs have received notice that they have been laid off. (See “Exhibit A” attached). This of course means that they will not receive any pay whatsoever for the indefinite period of time. It is the belief of the Plaintiffs that there is or should be funding available to pay their salaries. Monies have been appropriated and budgeted for that specific purpose. They need to be paid and the Cherokee Nation need to have a fully staffed Marshal service.
WHEREFORE, Plaintiffs pray that this Court set this matter for an expedited hearing to determine whether or not, under these circumstances, they can be laid off due to “funding constraints.”
James G. Wilcoxen Attorney for Appellants Cherokee Nation Bar No. 0044 Telephone: 918-683-6696 Fax: 918-682-8605
———- EXHIBIT A
Letter from CHEROKEE NATION
May 15, 1998
Mr. William P. Ragsdale Muskogee, OK
Dear Mr. Ragsdale:
Due to funding constraints, your position as Director of Marshal Service has been selected to be placed in a layoff status effective 5:00 p.m., Friday, May 15, 1998. The Cherokee Nation Human Resources Policies and Procedures Manual Chapter II, Section S, “Layoff and Recall of Laid-Off Employees,” outlines the procedures taken to reach this decision. This section also explains your recall privileges and reinstatement of benefits where applicable. If you are unable to access a Policies and Procedures Manual or would like a copy of this section, please contact the Human Resources department and a copy of this section will be provided to you.
If you have not yet done so, please complete and return to human Resources the attached “Rehire/Reinstatement Request.” It will help ensure that you are placed on a list of personnel eligible for recall privileges that will be maintained in the Human Resources department.
We encourage you to call Human Resources to schedule an exit interview.
/S/ Ervin Rock Exec. Dir. Of Human Resources