Dear Band Members:

AT COUNCIL MEETINGS OVER THE LAST SEVERAL MONTHS THE ISSUE OF WHETHER OR NOT BAND COUNCILLORS WHO ARE ALSO EMPLOYEES OF THE BAND SHOULD BE A PART OF DECISION MAKING AS IT AFFECTS WORK CONDITIONS, SALARIES TO BE PAID TO EMPLOYEES AND OTHER EMPLOYMENT POLICY ISSUES HAS BEEN DEBATED AND SOME DECISIONS MADE. 

ONE DECISION WAS TO BRING THIS QUESTION TO THE MEMBERSHIP AS COUNCIL IS NOT UNANIMOUS ON THIS VERY IMPORTANT ISSUE, SO...

 THIS INFORMATION SHEET WAS REQUESTED BY THE CHIEF AND COUNCIL TO BE SENT TO BAND MEMBERS - FOR THEIR EASIER DECISION MAKING ON WHETHER OR NOT BAND EMPLOYEES SHOULD ALSO BE BAND COUNCILLORS.

 A 'conflict of interest is a situation which regard for one duty tends to lead to disregard of another’. Black Law Dictionary

 OR

 A "conflict of interest" is a situation where how you make a decision can result in a benefit for you or your family. [For example: where band councillor-employees decide on working conditions, pay levels.]

The following are arguments to consider when making up your mind on the question of whether band employees should be band councillors:

 

     "'NO", THEY SHOULDN'T BE BOTH YES', THEY SHOULD BE BOTH
1. The job performance of an employee councillor is not likely to be questioned. 

 1. The employee will be familiar with the way the band works, so may  be a better band councillor.
2. Councillors who are employees are in effect their own boss.   

2. The band is small and there are few people to choose from to sit   on Council.

  3. Employee-councillors intimidate other staff - the other staff may be afraid to speak up because that employee-councillor is their boss as well as a co-worker.

 3. Employee-councillors save money because they are not paid for day council meetings

 4. Employee-councillors can, and have ignored work place rules.

 4. Employee-councillors can field directly membership calls and enquiries.

5. Employees who are councillors may  feel that they have to represent special interests on personnel matters. 

5. Employee-councillors are readily available as signing officers.

  6.   The employee-councillor has a greater  chance to engage in interference with  administration.  

 6. Employee-councillors are readily   available to meet groups and     officials.

7.  The employee-councillor offers the  chance for making decisions the other  on the working conditions or pay or employee policy setting.            

 7. The employee is elected like all of councillors, and so should be    able to speak on everything     including employee issues.

8.    The employee-councillor may become   more involved in office politics as other  staff may see an opportunity to    influence the 'boss'.

  

9. Councillors who are employee should not be making decisions on the working conditions or pay or employee policy setting.

 

  
   

                                                                                               

 RULES THAT ARE ALREADY IN PLACE:

 

1. Personnel Policy      

  2. Chief & Council Policy         3. Regulations Governing  Committees
3..3.1 Employees who are band councillors   issues relating any in manner to employees manner to employees           The Chief and Councillors shall not participate indecisions from which they could benefit financially or materially. 33.c) A committee member is a First Nation employee and the matter or issue concerns the salary or term of employment of another First Nation employee.   (=conflict of Interest)

                                                                                                     

After each election, Council tables many issues including long term band planning, political lobbying issues such as new legislation affecting Indians, treaty rights, additional funding for post secondary students, economic and community development, housing, creation of employment projects, lobbying for continued health benefits, personnel issues.  Band Councillors must be free from conflict to work on all of these issues for the band members. 

We are bringing this question to the band membership because you are the final authority.  Some band councillors feel that they are not in a conflict of interest situation on employee and salary issues.  Other band councillors feel that the employee-councillors are clearly in a conflict of interest situation and that these 'employee-councillors shouldn't be employees and bosses' at the same time.

Your decision will bind the Council on this important issue.  A similar question was put to the membership several years ago - and the vote was won only by four votes.  At that time, Council did not present pros and cons to the membership as is being done with this newsletter.

Please come out and vote on this important matter to the Band at the Bi-Election on Saturday, October 26, 2002 from 9:00 a.m. - 6:00 p.m. 

Chief Administrative Officer                                                   October 15, 2002


 

M'Chigeeng First Nation
53 Hwy 551, P.O. Box 333
M'Chigeeng ON
P0P 1GO
phone:(705) 377-5362
fax:(705) 377-4980