Regan v. Finkbonner, (1990)

• Court: Nooksack Tribal Court of Appeals
• Decision Date: 15 February 1990
• Docket Number: O-Ci-6/89-0155,NOO-Ci-6/89-0155
• Citation: Regan v. Finkbonner (Nooksack Tribal Ct. of App. 1990)
• Parties: MOLISSA REGAN v. DELLA FINKBONNER

MOLISSA REGAN v. DELLA FINKBONNER

No. NOO-Ci-6/89-0155

Nooksack Court of Appeals Nooksack Indian Reservation

February 15, 1990

SUMMARY

The Court of Appeals held that when a tribal employee appeals a termination action, the employer must follow applicable tribal ordinances, rules, regulations, policies and the Indian Civil Rights Act in order to afford the employee due process throughout the grievance procedure.

Additionally when an employee is awarded retroactive compensation, the personnel director of the tribe cannot be held personally liable for wages due and owing by the tribe to the employee.

Before: Chief Justice Hollis Chough, Associate Justice Elbridge Coochise, and Associate Justice John L. Roe.

Present for the hearing were: Appellant, Molissa Regan Respondent/Appellant, Della Finkbonner. Also present were Ross Cline, Vice-Chairman, and Brad Hubbard of the Nooksack Tribe who made up the Tribe's managerial team.

This matter came on for hearing on 12 December 1989 in the Nooksack Tribal Appeals Court.

ISSUES ON APPEAL

The purpose of the hearing was twofold: (1) to hear Appellant Molissa Regan's appeal regarding her termination of employment, and (2) Della Finkbonner's petition for appeal. The Appeal of Order to pay $1,178 stated:

"Della Finkbonner is not responsible for any debts of the Nooksack Indian Tribe, because that is who the debt belongs to."

The Appeals Court panel having heard testimony, having read all court documents and considering all exhibits introduced into evidence, and reviewed all pertinent documents related to the case, and being fully advised of the premises, now makes the following Findings of Fact.

FINDINGS OF FACT

1. On October 6, 1988, Molissa Regan was verbally terminated from her employment with the Nooksack Tribe.

2. Molissa Regan received her formal termination in writing on October 17, 1988.

3. A grievance to review the termination was requested. A Grievance Panel convened to hear the grievance. The aggrieved party, Molissa Regan, was not in attendance. Tribal Personnel representatives were present for the Hearing. The Grievance Panel upheld the termination action on October 17, 1988.

4. Molissa Regan later on, requested a grievance hearing. The reason given was that she was not notified of the hearing of October 17, 1989 until a later date. An alternate Grievance Panel convened to hear the termination for the second time. Molissa Regan was present for the hearing on November 8 1988. Tribal personnel officials were not present.

The alternate Grievance Panel reversed the first Grievance Panel's decision. The alternate Grievance Panel reinstated Molissa Regan to her former position with the condition that she be paid retroactive compensation from October 6, 1988, by memo of November 8, 1988.

5. On November 17, 1988, a speed letter was issued to Molissa Regan by Della Finkbonner, Personnel Director. The message was as follows:

"We have chosen not to go with the recommendation of the Grievance Panel decision for retroactive pay from October 6 1988 through to November 11, 1988.

We will pay you for two (2) days you were here. November 14th and 15th, 1988, a total of 16 hours."

6. Molissa Regan filed for a Show Cause in the Tribal Court to enforce the second Panel's Decision.

7. July 6, 1989, Della Finkbonner received a Nooksack Tribal Court Notice for hearing. The court date for the hearing was for July 26, 1989.

8. Due to cancellation and rescheduling of the court date(s), a second Notice to Appear was issued. This was received by Della Finkbonner on August 17, 1989.

9. A hearing by the trial court was held on August 17, 1989, the Honorable Judge Emma Dulik presiding. The trial court issued an order from that hearing.

"Della Finkbonner to pay Molissa Regan the sum of $1,178.00 with no interest on the amount."

10. A Petition was filed with the Nooksack Tribal Court by Della Finkbonner, requesting the Tribal Court to reconsider the Court Order of August 17, 1989.The Petition states:

"I, Della Finkbonner am not responsible for any debts of the Nooksack Indian Tribe, because that's who the debt belongs to. And personally I am not obligated to pay Molissa Regan back pay for work she did not do for me personally ... I feel I have been taken to court, accused, humiliated and embarrassed on a charge that should never have gone this far."

11. Reconsideration on the Show Cause was not held.

CONC...