Judge Rules Colvilles Can Hire New Director Fired Executive, Meanwhile, Files For Seat On Tribal Council That Axed Him

A Colville Tribal Court judge has said fired tribal executive director Lou Stone isn’t likely to win a lawsuit over his dismissal and shouldn’t be reinstated while awaiting trial.

Judge Dennis Nelson ruled this week that the tribal council is free to hire a permanent replacement.

Stone, 48, was fired in February before he could complete a three-month probationary period of a two-year contract. He sued to overturn the decision and sought a court order allowing him to keep the job until the suit is decided.

Nelson said Stone’s financial damages could be calculated easily if he wins the suit. Damage to the tribal government from reinstating Stone before trial would far outweigh any damage to his reputation if he remains fired, Nelson said in an eight-page order.

“It is difficult to conceive of a more potent recipe for disaster than to order the CBC (Colville Business Council) to reinstate Mr. Stone as executive director,” Nelson wrote.

“The confusion among staff regarding who is in charge, what policy should be enforced or initiated and the ongoing distrust would result in a paralysis extremely harmful to tribal government, the members of the tribes and the community.”

Stone argued that two council votes to fire him were invalid because several council members had conflicts of interest. He based that argument on the tribal council’s Code of Professional Responsibility, but Nelson said the code was passed as a “policy statement,” not a law.

The code calls for a variety of disciplinary actions against violators, but Nelson said it has no provision to nullify votes.

Stone’s attorney, John Perry, declined to comment on the ruling.

Meanwhile, Stone is running for a position on the tribal council. He is one of 28 candidates for seven positions that will be on the May 16 primary election ballot. The top two vote-getters in each race will advance to the June 20 general election.

The candidates:

Inchelium District, Position 1 - Incumbent Bob Louie, Kimsqualhane Joe Baulne, Debra Finley-Justus, Michael Whitney.

Inchelium District, Position 1 - Incumbent Jerry Stensgar, Lou Stone, Richard Swan, Debra Rosenbaum-Watt.

Nespelem District, Position 1 - Incumbent Deb Louie, Gene Joseph, Harvey Moses Jr.

Nespelem District, Position 2 - Incumbent Cindy Boyd, Charlene Bearcub, Colleen Cawston, Sheilah Cleveland, William Dick.

Omak District, Position 1 - Incumbent Michael Marchand, Francis Louie Sr., James McCuen, Garry McDonald Sr.

Omak District, Position 2 - Incumbent Doll Watt, Margie Condon Hutchinson, Berny Zacherle.

Keller District, Position 1 - Incumbent Jeanne Jerred, Jonnie Bray, Oscar “Doc” Mellon, John Stensgar, Dana Brudevold Wippel.

, DataTimes