Tuesday, July 20, 2010

Band Council Member Awaits Lawsuit Against Own Band Council

     ELKO BAND - Elko Band Council member Davis Gonzales is currently at odds with himself, he is suing himself in the capacity as the Elko Band Council.
     Discussion about a possible lawsuit pending against the band council by Gonzales began after the band council voted to put Gonzales on the tribal council after the resignation of Doyle Tybo.  It is now being reported that the lawsuit is currently being litigated in the Tribe's court.
     Gonzales and three other ex-Elko Band employees were terminated in 2003 by the Elko Band Council and, soon after brought a lawsuit in the court over their temination from Elko Band.  Gonzales was the Elko Band administrator at the time.   In the lawsuit, Gonzales and the three other employees were seeking re-employment in their original positions and also seeking damages in the monetary amount of $200,000.
     After a lengthy litigation, in 2005, Judge Bill Kockenmeister dismissed the lawsuit on the grounds that the band council terminated Gonzales in accordance to the provisions of the personnel policy.   Gonzales and the three ex-employees then appealed the ruling to the appeals court.
     Currently, the case is awaiting a final ruling from that court.
     The case is EC-CV-05-04, Premo vs. Elko Band Council.

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