festivus airing of grievances

8/17/2019 Festivus Airing of Grievances

1/4

Gary Dorr**********************

***********(***) ***-****

Mada’am Chairman Mary Jane Miles Nez Perce Tribe Executive Council

17 May 2016

RE: EAN of firing of Gary Dorr committed on May 16, 2016 at 4:25 pm .

Mada’am Chair, I am writing to address being fired by Ed Brown the Finance Manager dated 5-16-2016.

1. My name is Gary Dorr, although I was born Gary Thomas Moore. I am the son of Gary “Hench”Moore, the grandson of Arthur “Sully” Moore and the great grandson of Albert “Peacepipe”Moore. I am a veteran of over 11 years in the Army during which I served in Military Intelligenceand Military Police units. I am a veteran of 4 combat tours in the Kuwait theater of operations. Iam a tribal member, #****.

2. My original employee action notice of hiring was signed by Kathy Taylor on February 16, 2016and Lee Bourgeau on February 17, 2016. If we go by February 16, 2016 then on Sunday May 15,I obtained 90 calendar days from being hired. If we go by the February 17 signature I obtained90 calendar days on May 16. There was no report to work date filled in the box. Instead therewas an effective date signed at February 22 that I understood was my start work date. This canbe seen by my payroll voucher where I was paid for work beginning on February 22 and gained39.75 hours or work that week. Since there was no description of what the effective date is andwhat the hiring date is, there is a question of when I was hired. I would propose that it isFebruary 16, 2016 and that would give me 91 calendar days on May 16-the day I was terminatedby Ed Brown. This would put the Tribe in the untenable position of having denied me rights togrievance as a tribal employee. I would therefore request that this firing be overturned andfurther request disciplinary action be taken in accordance with the Human Resources Manualwhereby the Finance Manager failed to properly evaluate me during the 90 day period.

3. During the termination proceeding at about 4:25 on May 16, Monday, Ed Brown informed methat unfortunately he was terminating me under at will procedures. I was shocked because Edand I had gotten along pretty well. Previously he took the time to invite me to a meeting wherehe drove Frank Weaskus and I to the University of Idaho to meet with the Natural ResourcesStaff. It was optional because he repeatedly asked if Frank and I would “like” to go. It was notpresented as a requirement but rather if we wanted to go, then we could ride with him. This isoffered as proof to refute the statement made on May 16 at 4:25 pm. I asked Mr. Brown why Iwas being terminated. Mr. Robert Kipp was in attendance. Mr Brown said it was because of my“personality” and that I was not the “right fit.” I asked, “the right fit?” and Mr. Brown said, “fo r


2/4

me, you’re not the right fit.” I asked him “for you I’m not the right fit?” He attempted to retractthe statement. Mr. Brown said under at will he just didn’t think I was the right personality andnot a right fit. Mr. Kipp passed me the Human Resources Manual and showed me the sectionoutlining the at-will policy. I read the section, 2.6. I repeated out loud the section 2.61 whichstates “During the introductory period, employees will be rated on productivity, quality of work,

punctuality, attendanc e, ability to learn, initiative, attitude and conduct.” I looked at Mr. Brownand I gestured to Mr. Kipp and said to Mr. Kipp, “you’re my witness on this,” and I asked Mr.Brown what was his criteria, what was he judging me on? He repeated “personality a nd not theright fit.” I explained to him th at the words, “personality” and “not a right fit” were nowhere inthe manual and that he could only judge me on those criteria in the manual. He said words tothe effect that he didn’t think I was the right per sonality or the right fit. Mr. Brown has strayedfrom the Human Resources manual and is in violation of section 1.1 whereby it states that “It isthe policy of the Nez Perce Tribe (“The Nez Perce Tribe” or “the Tribe”) to comply with thefollowing basic procedures and requirements in the recruitment, treatment and selection oftribal employees.” Based on this statement in section 1.1, Mr. Brown was obligated to rate myperformance based on the above named criteria in section 2.61, and Mr. Brown’s personal viewof my personality and “not the right fit” are not part of the criteria. Mr. Brown should haveevaluated my performance in accordance with this manual and not criteria not contained in thismanual. Section 1.5 also states the Tribe will attempt to “provide equal opportunity to allqualified employees and applicants for employment.” If this firing is allowed to proceed, thiswill be a grave injustice to the equal opportunity afforded me as an employee under Section 1.5because Mr. Brown is just pulling random criteria to judge me which is not equal to otheremployees.

4. Section 1.52 further states that all decisions made with respect to recruiting, hiring, andpromotions for all job classifications will be based on individual qualifications related to therequirements of the position and the sole discretion of the employer. Mr. Brown did not rateme according the requirements of the position but rather some random terms suited toeliminate me from this position as a staff accountant.

5. Although Section 2.6 stipulates what at-will employees are by definition and their rights, thishuman resources manual does not merely stop there. It goes on in section 2.62 to state “theintroductory period shall begin with the date of employment (that is not adequately identifiedon the EAN form) and shall be effective for a ninety-day period thereafter. The DepartmentExecutive shall ensure that a minimum of one evaluation will be conducted during this period.The employee shall be rated on productivity, quality of wor k”…etc. The next sentence states“Failure by the Department Executive and any supervisors under their direction to followthrough with evaluations shall be subject to disciplinary action.” I ask as a member of thistribe who is a wronged-employee that immediate disciplinary action be taken against Mr. EdBrown at a minimum as this is a serious violation of my evaluation of my capabilities to performthis job and has placed my career in jeopardy.

6. Furthermore, this Human Resources Manual is not in compliance with standing resolutions ofthe council over which you preside. There is a standing valid resolution which restricts membersof the Nez Perce Tribe Executive Committee from being involved in the hiring or firing of tribal


3/4

employees. The Organizational chart was created by an Administrative Action. It does not holdthe same force of law that the prior NPTEC Resolution does. The Resolution restricting NPTECmembers from participating in hiring and firing of tribal employees cannot be subordinate to anAdministrative action. The Organizational chart by Administrative Action has placed not just anyNPTEC member in a position to participate in firing me, but the Chair of the NPTEC yourself. To

sign this employment termination notice would place any chairman in violation of a standingResolution. That your signature is on this termination notice does nothing to comply with theNPTEC resolution restricting any NPTEC member from participating in the hiring and firingemployees.

7. This very problem is what I was trying to fix during General Council. This termination cannot beapproved, it cannot go anywhere because the organizational chart is not in compliance with theRestrictive Resolution. Your signature on this termination document is against the NPTECresolution.

a. Therefore I ask that this termination be expunged from the record under the plenarypowers of the NPTEC and its members. (In United States constitutional law, plenarypower is a power that has been granted to a body in absolute terms, with no review of,or limitations upon, the exercise of the power.)

b. I ask that immediate disciplinary action be taken against the Supervisors and Managersof the Finance department to be in compliance with the Human Resources Manual.

c. I ask for immediate protection for whistleblower status because my testimony as a tribalmember during General Council identifying conflicts of interest involving Mr. Brown isnow being used against me as an employee.

d. You will find that the majority of the members of the Finance Department will supportthese actions. My rapport with my coworkers has been exceptionally cooperative andthere were no personality conflicts. My work has been exemplary thus far.

e. I would ask that in the interest of complying with the NPTEC resolution restrictingNPTEC members from participating in the hiring and firing of employees that theFinance manager and any other executive currently under NPTEC be placed back underthe Executive Director to restore the good order of this organization.

f. Everything I spoke of to the General Council has just come to pass. The NPTECresolution has been violated and a sitting member of NPTEC has signed a firing of atribal employee. The Organizational chart which was formed by an administrativeaction can now be found to be in violation of a NPTEC Resolution and furthermore,against the common sense of the employees who have on-the-ground knowledge ofhow this scenario is wrong.

g. I ask for the good order of this organization that all my requests be answered favorablyand that special provisions to protect me from a hostile work environment be put inplace immediately. I have made suggestions, and I further submit that in the immediatefuture, I be placed under advisement and council of the Executive Director forevaluation of my work performance.

https://en.wikipedia.org/wiki/United_States_constitutional_lawhttps://en.wikipedia.org/wiki/United_States_constitutional_law


4/4

8. I feel that if you were to ask my co-workers and chiefly my mentor Willa Stevens, she will testifythat I thoroughly enjoyed my work, I was a productive member of the team and that I was veryeasy to get along with.

9. I thank you for your time and attention to this matter. In the event that we reach an impasse, Ihope that we can agree that I will have no other option but to pursue legal recourse. I am doing

my level-best not to pursue that action. I want for the good order to return to this organizationin a respectful manner that is in compliance with all our tribal codes, resolutions, and policies. Iam very much agreeable to an exchange of ideas and illumination of the facts as I haveexperienced them. I want to offer any assistance that I can to seeing this come to a peacefulagreement to which equality and fairness are applied.

/S/Gary DorrNez Perce Tribal Member

In addition, I would like to add or point out that Ed Brown signed my termination order three

times. Once purporting to be my direct supervisor, who is actually Kathy Taylor, once as the

program director, and once as the Finance Director. My direct supervisor did not sign and was

not present at this time.

festivus airing of grievances

Documents