The tribal chief with the Mississippi Band of Choctaw Indians is suing the tribal council over what she calls an interference in her authority.
In a statement, Phyliss Anderson said that the council is now requiring information about employee personnel action to be turned over to a council committee. She contends that falls under her authority as chief.
On June 27, Mississippi Band of Choctaw Indians Chief Anderson filed a lawsuit in Choctaw Tribal Court on behalf of the Office of the Chief and on behalf of the Chief of Staff and three Division Directors of MBCI against the MBCI Tribal Council regarding amendments to the Tribe’s administrative personnel policies and procedures adopted by the council in April.
The lawsuit alleges that certain amendments to the policies are in violation of the MBCI constitution and that an injunction should be issued by the Court against enforcement of the challenged amendments to the Policies.
“I was elected by the Choctaw People to lead this Tribe as the Tribal Chief, and I take those responsibilities seriously,” Chief Anderson said. “I believe it is my duty to protect the powers and duties of the Office of the Chief under our constitution and to protect the interests of all Tribal employees who work to provide necessary programs and services for our Tribal members.”
Although there were many amendments to the Policies adopted by the Council at the April meeting, the amendments that are being challenged in Court involve a requirement that certain “political appointee” employees who are directly hired and supervised by the Chief to be confirmed by the Tribal Council and, then, for those same employees to be re-confirmed by the Council in four years.
Also being challenged are certain provisions requiring the Chief to provide specific personnel action information to the Council Committee on Human Resources, Training and Development on a quarterly basis. The lawsuit alleges that these amendments to the Policies violate the MBCI Constitution by unlawfully infringing on the executive authority of the Chief and by bestowing the Council with authority not provided in the Constitution.
“While I respect the constitutional authority of the Tribal Council to establish procedures of the conduct of our Tribe, the exercise of the Council’s authority must not unlawfully interfere with the authority of the Tribal Chief to manage, direct and administer the operations of the Tribal programs and services,” Anderson added. “That is what this lawsuit is about.”
Anderson says it is her duty to protect the powers of chief and the interest of tribal employees.
The council policy went into effect July 1.
Anderson is seeking an injunction in Choctaw Tribal Court to stop the enforcement of the policy
