Umatilla Board of Trustees Member Sally Kosey Sues to Remedy Unconstitutional Removal

PENDLETON, Ore. — On Wednesday Trustee Sally Kosey, an elected official of the Confederated Tribes of the Umatilla Indian Reservation, sued to undo her illegal removal from the Tribal Board of Trustees.

Recently, the Board of Trustees voted to remove Ms. Kosey from her position as member-at-large based on an incorrect interpretation of the Umatilla Constitution that even the Tribe’s own lawyers previously rejected. This purported removal was void, violated Umatilla law, and ran directly counter to the directive of the Umatilla General Council, which recently voted 116-0, with 4 abstentions, directing that Ms. Kosey be reinstated. The Board of Trustees has ignored the General Council, forcing Ms. Kosey to defend the Umatilla Constitution in Tribal Court. Ms. Kosey is represented by Anthony Broadman and Ryan Dreveskracht of Galanda Broadman PLLC.

“Rogue actions by members of the Board of Trustee violate Umatilla law and ignore the mandate of the Umatilla people,” said Ms. Kosey. “I took an oath to defend and protect the Umatilla people, lands, and government. I’m obligated to stand up to those who would ignore our laws and violate our Constitution. Too much is at stake.”

The illegal removal of Ms. Kosey stems from a misinterpretation of Umatilla law. Ms. Kosey was elected into office on November 14, 2017, as a Member at Large of the Tribe’s Board. At that time, and through today, Ms. Kosey resided within the boundaries of the Umatilla Indian Reservation as defined in Article 1 of the Treaty of 1855. Certain members of the Board of Trustees apparently wish to use diminished boundaries of the Reservation, effectively shrinking Umatilla lands, to oust Ms. Kosey.

Recognizing that Umatilla law did not allow the Board to remove Ms. Kosey, the Board attempted to change its laws. On November 19, 2018, the Board amended the Election Code and gave itself the power to determine whether someone is qualified to be a member of the Board. The Board’s attempt to change membership qualifications was not retroactive, meaning that Ms. Kosey could not suddenly become unqualified in the middle of her term. The changes are also inconsistent with the Umatilla Constitution: Only the General Council can remove Board Members under the Umatilla Constitution.

“Umatilla is a proud nation of laws,” said Ms. Kosey. “This kind of lawlessness puts our sovereignty and all of our members at risk.”