Charley ordered to be reinstated by Hopi court

KYKOTSMOVI—The Hopi Tribal Court has ruled that Robert Charley, executive assistant to the Hopi Vice Chairman Phillip Quochytewa Sr., was wrongly terminated and must be reinstated.

Hopi Tribal Court Judge William McCauley issued the reinstatement ruling March 2, saying that the action to terminate Charley was arbitrary, capricious and an abuse of its administrative discretion. The judge also ruled that Charley should receive back pay and benefits back to November 21.

The Hopi Tribal Council has yet to act, and Charley said that if they do not respond within a week then he will consider taking the matter to federal court. Charley said that the Indian Civil Rights Act states that tribal governments have to provide fair and equal treatment of the law.

“My civil rights have been violated and I want a public apology. This isn’t just for myself, but for present and future tribal employees,” he said.

Charley said he felt the issue should have been resolved immediately after the court decision. “I contacted the chairman, but I haven’t heard anything from him,” Charley said.

Hopi Chairman Wayne Taylor was on travel to Washington and could not be reached for comment. Eugene Kaye, his chief of staff, also could not be reached for comment.

The council took the action to terminate Charley November 20 after the Conduct Review Board alleged that Charley conducted an unauthorized investigation into the Hopi Tribal Housing Authority’s activities. Vice Chairman Quochytewa said Charley was merely following up on referrals about housing complaints that had not been addressed, such as routine repairs. The council voted 12-1 to terminate Charley. There were three abstentions and one absent.

Marlene Sekaquaptewa, chairwoman of the Conduct Review Board, said she had not seen the court decision and could not immediately comment.

The council later passed a resolution calling on Vice Chairman Quochytewa to either reprimand, suspend or terminate Charley. The vice chairman chose to reprimand him.

Charley said he’s ecstatic about the court decision because he won by sticking to his principles. It is not yet clear whether Charley’s record will be purged of anything related to the case, pending Council action.