Excerpts from Orders Being Appealed

     TEMOAK TRIBE - With the appeal hearing for Mendez vs. TMHA, Premo vs. Elko Band Council, and Ike vs. Stevens being heard on Monday, September 20, excerpts from orders being appealed in the three cases are printed below.

     Mendez vs. TMHA

     "For Plaintiff to prevail on the question of jurisdiction, therefore, the Plaintiff has the burden to show that a property right was created in the Personnel Manual.  Plantiff has not shown that such a property right was created in the Personnel Manual.  First, as the Executive Director of the TMHA, Plaintiff has failed to show how the Personnel Manual applies to her.  Second, the Personnel Manual does not require "cause" before an employee may be terminated.  Third, the Personnel Policies may be amended at any time at the sole discretion of the tribe.  Thus, it cannot be shown that an employee of the TMHA has a vested property interest in continued employment that is subject to the due process requirements of ICRA.  For that reason, this court does not have jurisdiction and the matter is therefore dismissed."

     Premo vs. Elko Band Council

     "For Plaintiffs to prevail on the question of jurisdiction, therefore, the Plaintiffs have the burden to show that a property right was created in the Policy Manual. Plantiffs have not shown that such a property right was created in the Personnel Manual [sic]. 
     ...Hodge, Gonzales, and Davis [sic] were therefore terminated in accordance with the provisions of the Policy Manual.  Plaintiff Premo was granted an appeal hearing and therefore, her termination was in accordance with the Policy Manual.  For those reasons, the Motion to Dismiss is granted."

     Ike vs. Stevens

     "Thus, it is hereby ORDERED as follows:
     1.  The court has jurisdiction to consider injunctive relief in this case for alleged ICRA violations;
     2.  The court does not have jursidiction to consider monetary damages for alleged ICRA violations;
     3.  All individually name Defendants except tribal council members are dismissed in this action;
     4.  The allegations of tortuous misconduct on the part of Hugh Stevens are hereby dismissed;
     5.  The clerk of the court will schedule a hearing on the issue of injunctive relief within forty-five days from the date of this order unless the issue of jurisdiction is appealed and a stay of further proceedings is granted."

     The orders of Judge Bill Kockenmeister were appealed soon after they were issued.