Horse v. United States

49 Fed. Cl. 419, 2001 U.S. Claims LEXIS 88, 2001 WL 535594
CourtUnited States Court of Federal Claims
DecidedMay 17, 2001
DocketNo. 99-858C
StatusPublished
Cited by6 cases

This text of 49 Fed. Cl. 419 (Horse v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horse v. United States, 49 Fed. Cl. 419, 2001 U.S. Claims LEXIS 88, 2001 WL 535594 (uscfc 2001).

Opinion

OPINION ON DEFENDANT’S MOTION TO DISMISS

REGINALD W. GIBSON, Senior Judge.

INTRODUCTION

Plaintiffs are Native-Americans formerly employed in various positions at a tribal school located on an Indian reservation in North and South Dakota. The instant single-count amended joint complaint for money damages was filed by plaintiffs on November 30, 1999, under the Contract Disputes Act of 1978 (“the CDA” or “the Act”), against the United States through the Bureau of Indian Affairs (“the BIA” or “defendant”), alleging breach of their individual written contracts of employment with the BIA. The alleged breach occurred when plaintiffs’ contracts [421]*421were canceled by the tribal school board in May 1999 and their positions thereafter filled by other individuals. Defendant filed a motion to dismiss the amended complaint on April 5, 2000, pursuant to Rule 12(b)(1) of the rules of this court (“RCFC”), for lack of subject matter jurisdiction, arguing the following three separate grounds: 1) plaintiffs were employees of the federal government and, therefore, not independent contractors ‘procured for services’ with the United States as contemplated under the CDA scheme; 2) plaintiffs did not comply with the jurisdictional prerequisites of the CDA; and 3) plaintiffs have failed to exhaust their administrative remedies prior to filing suit in this court.

Plaintiffs counter that the plain language of the CDA and its legislative history establish that their contracts are covered by the Act. For the reasons stated herein, the court agrees with plaintiffs and concludes that under a plain reading of the CDA, their contracts are, indeed, within both the text and the spirit of the Act. Accordingly, the court holds herein that it has subject matter jurisdiction over plaintiffs’ claims.

FACTS AND PROCEDURAL HISTORY

Plaintiffs Velia Flying Horse, Michael Tally, Arbutus Steele, Mavis Mutchler, Joseph Two Bears, Mildred Thomas, Marie Brown, and Wilma Red Bear (hereinafter “plaintiffs”) are all residents of the Standing Rock Indian Reservation (“the reservation”) located in both the states of North and South Dakota. Pursuant to separate individual contracts of employment, entered into in May 1999, between plaintiffs and the Office of Indian Education Programs (“OIEP”) administered by the BIA of the Department of the Interior (“the DOI”), plaintiffs were contracted by the Rock Creek Day School (“the school”) for the period August 23, 1999 to May 26, 2000. The school is located on the reservation and serves the people of the Standing Rock Sioux Nation (“the Tribe”).

The BIA is an agency of the United States, established by Congress in 1834, providing services to Native-Americans on Indian reservations, including but not limited to educational services pursuant to the U.S. Constitution and statutes promulgated under Title 25 of the United States Code. U.S. CONST, art. I, § 8; 25 U.S.C. § 2. According to its mission statement, the purpose of the BIA is to: “enhance the quality of life, to promote economic opportunity, and to cany out the responsibility to protect and improve the trust assets of American Indians, Indian tribes and Alaska Natives.... accomplishing] this through the delivery of quality services, [and] maintaining government-to-government relationships within the spirit of Indian self-determination.” Available at http://www.doi.gov/bia/mission.html. The historical nature of the relationship between the BIA and Native-American tribes in this nation has been not only longstanding but, for the most part, chaotic.

Plaintiffs were hired by the BIA as ‘educators’ for the school in May 1999, including positions as schoolteachers, a bus driver, and a cook. The Bureau of Indian Affairs Manual (“BIAM”) is an internal agency manual, largely codified in 25 C.F.R. pt. 38 pursuant to 25 U .S.C. § 2012, which gives guidance and lists procedures for the BIA in administering the agency’s education programs, such as the one at the Standing Rock Reservation. Under the BIAM, an educator is described as—

an individual whose services are required, or who is employed, in an education position * * * [defined as having] ... the duties and responsibilities of which: (1) involve instruction, supervision, student services, student care, facilities maintenance and operations and/or administrative activities at a school____

62 BIAM 11.30-P. Accordingly, each of the plaintiffs’ contracts of employment for services identified them as educators, as defined by the BIAM and the enabling statute, including those in non-teaching positions.

Pursuant to the Tribally Controlled Schools Act of 1988, the Tribe, with the permission of the BIA, transformed the school by a May 1999 resolution, from a BIA run and operated school to a grant school. 25 U.S.C. § 2502. Under the unique statutory scheme set up by Congress for the educational needs of Native-Americans by this statute, Native-American tribes are allowed, [422]*422by request for permission from the BIA, to operate and control their own schools with funds provided by the BIA, as opposed to the BIA and OIEP operating the schools through bureaucratic means. Id. Congress’ intent on allowing such was to:

[DJeclare its commitment to the maintenance of the Federal Government’s unique and continuing trust relationship with and responsibility to the Indian people through the establishment of a meaningful Indian self-determination policy for education which will deter further perpetuation of Federal bureaucratic domination of programs. ... [A] major national goal of the United States is to provide the resources, processes, and structures which will enable tribes and local communities to effect the quantity and quality of educational services and opportunities which will permit Indian children to compete and excel in the life areas of them choice, and to achieve the measure for self-determination essential to their social and economic well-being.... [Tjhese [goals] may best be met through a grant process.

Id.

Shortly after the Tribe took over operation of the school in May 1999, pursuant to the powers given it under the above-mentioned statute, it terminated plaintiffs and hired other individuals to fill their positions. Why plaintiffs were replaced and whether the new employees were also Native-Americans, which, under BIA rules, must receive an employment preference, is not apparent from the parties’ filings in this court. Such a determination, however, is not relevant to our decision regarding plaintiffs’ claims under the CDA.

Pursuant to 62 BIAM 11, the BIA was required to issue Reduction In Force (“RIF”) notices informing plaintiffs that their contracts were canceled. Said notices were to outline the procedures plaintiffs would be entitled to if they chose to grieve their separations from employment. Defendant avers that such notices were sent to plaintiffs on June 21, 1999, and then supplemented with additional correspondence through August 10, 1999, each of which explained plaintiffs’ various rights under the contracts. According to defendant, plaintiffs’ rights, as outlined in the RIF notices, included the right to file an appeal of their separations with the OIEP, a right, it claims, plaintiffs failed to exercise.

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Cite This Page — Counsel Stack

Bluebook (online)
49 Fed. Cl. 419, 2001 U.S. Claims LEXIS 88, 2001 WL 535594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horse-v-united-states-uscfc-2001.