TAHLEQUAH, Okla. – Some former Cherokee Nation employees call their last day on the job “Bloody Thursday.”

On Oct. 20, 2011, one day after newly elected Cherokee Nation Principal Chief Bill John Baker took the Oath of Office, a series of alleged mass firings spread throughout the Cherokee Nation headquarters.

“There were several people he let go at that time; at a higher level than what I was,” Rachel McAlvain, former director of health policy for Health Services, said. “(Then) It was Nov. 8 (2011); a Tuesday morning when they called my supervisor and let her know … the Chief wanted me out of the organization. I had no idea. I went home that day and was placed on administrative leave until that Friday. Obviously I didn’t have any idea (that would happen) because it’s illegal. According to the constitution, you can’t do that.”

McAlvain along with Felicia Olaya, Sammye Rusco, and Paula Ragsdale have filed suit against Baker for violation of their constitutional, civil and employee rights. The suit, filed on Jan. 26, states, “Plaintiffs were openly political affiliates of his opponent during the Principal Chief’s election. After he took office, Defendant Baker embarked on a course of retaliation against Plaintiffs …”

At least 10 employees were sent home on “Bloody Thursday” in an allegedly public manner.

“I was terminated as soon as Baker took office,” Olaya stated. “I was fired in a distasteful and unprofessional manner. Baker brought in his political cronies, the marshals and the media to watch his firing of staff. This action was purely political revenge because I supported Chad Smith and because I am a Mankiller. Who an employee votes for or supports should never be cause for termination. It is against the law.”

Olaya had been Smith’s executive assistant since 1999 and is the lead defendant on the case.
The brief states McAlvain, Rusco and Ragsdale were told they were laid off and Olaya was told her expired employee agreement was not renewed.

“My supervisor was in pure shock. They actually told her that they wanted me gone. She asked if I could get transferred, she asked if maybe I could be moved out of the administration area, they said no,” McAlvain said. “I actually called Chief Baker and asked why he wanted me out … he couldn’t give me a reason. I actually heard him have a brief conversation with someone else that said ‘We told her that we reorganized.’ You reorganize an organization; you don’t reorganize one person ... His words to me were ‘You know I want to bring my own people in at the top … and you can apply for other positions.’ I said why don’t you just let me transfer out and he said ‘no.’”

McAlvain had worked for the Cherokee Nation since 2007.

Ragsdale, the former government relations officer and former member of the tribal council, was sent home Oct. 20 on administrative leave. She said she didn’t hear anything about her job until she received a certified letter on Jan. 5 letting her know her position was eliminated. Until then, she said her employment record was unblemished and she scored at high performance levels on all her evaluations through the years.

“I know he can’t know about my performances if I haven’t worked for him for more than a day … and it should be about performance,” Ragsdale said.  “The principal chief took an Oath of Office to uphold the law and policies of the Cherokee Nation. He took an oath the night before, and I feel he violated his Oath of Office that very first day by sending us home.”

Ragsdale said on Baker’s first day in office, all the employee computers were swept as well, “So they got information off everyone’s computer.”

Olaya and McAlvain’s case has been heard by the Cherokee Nation Employee Appeals Board (AEB), however it was ruled there is a lack of jurisdiction because they were allegedly laid off. McAlvain said her appeal will now go before the Cherokee Nation Supreme Court. Ragsdale and Rusco have not been before the three-member EAB yet. The civil suit by the four former employees against Baker is filed with the Cherokee Nation District Court.

“Illegally and unjustly denying someone employment is serious; everyone needs the ability to pay for food and shelter,” Rusco stated. “These employee terminations were political prejudice; the law was not followed, much less policy. If we don’t stand up against this injustice other employees won’t be safe from wrongful termination as well.”

Rusco is the former director of communications.

The suit looks into violations of due process, human resource polices and processes, and rights to freedom of speech and association. Representing McAlvain, Olaya, Rusco, and Ragsdale is former Cherokee Nation Principal Chief Chad Smith.

Smith, who is representing the women pro bono, told the Associated Press last week that he has no agenda in bringing the case against Baker, to whom he lost his bid for Chief in last year’s contentious election.

“These particular people, they cannot afford an attorney otherwise,’’ Smith said. “I believe they were wronged.”

According to the suit, the plaintiffs are asking for $250,000 in general damages; a special damage amount to be determined during trial; $1,000,000 in punitive damages; cost of suit and attorney fees; and other relief the court may deem proper.

“This is for me and everybody else. If he’s (Baker) going to do it to me, he’s going to do it to you; anyone who lets him do it. That’s why the constitution’s there … so no one walks around feeling like on any given day they could lose their job,” McAlvain said. “I thought about this battle and I thought about it long and hard and it’s not just about me. It’s about every other employee who might be put in the same position and be without a job and trying to support their family as well.”

McAlvain said she would like her back pay and her job back. Ragsdale said she would like her job back too.

“I love my job. There’s nothing better than working for your own people. It was family. I put my heart and soul into it and just to be walked out like that is pretty humiliating,” Ragsdale said. 
Cherokee Nation Deputy Director of Communication Lenzy Krehbiel-Burton said, “The Baker administration has no comment on pending litigation.”