Fond du Lac Denesųłı̨ ne First Nation Band Custom Election Act Revision 2015 - Allan Adam
FOND DU DENESŲŁı̨ NE FIRST NATION BAND
ELECTION AND GOVERNANCE ACT 2015
The Procedures Outlining The Way We Have Been Conducting Elections In
Fond du Lac Denesųłı̨ ne And Additional Procedures that Need To Be In the
Election Act
DRAFT MARCH 2015
Fond du Lac Denesųłı̨ ne First Nation Band Custom Election and
Governance Act
This year 2015, the Fond du Lac Denesųłı̨ ne First Nation is revising their Band
Election and Governance Act. The Election Act will outline how general
elections will be conducted. The act will be completed in the June of 2015 and
will be used for the next general election in October 2015 and thereafter. The
governance act wıll outlıne how the system wıll functıon.
An Election Review Committee was be established in April, 2015, with members
elected through the same process as other committees and boards.
The Election Review Committee has been given the task to oversee the Election
Act revision. To date, the Election Committee has developed a draft of the
election Act.
The following is a draft of the Election and Governance Act.
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It outlines the current procedures that have been used for Fond du Lac
general elections.
It also contains some additional procedures that are required for any
Election Act.
Fond du Lac Denesųłı̨ ne electors are invited to participate and be involved
through a community consultation process. You are being asked for your
comments, ideas, and suggestions regarding this draft Election Act.
In the coming weeks, there will be community discussions on the draft
Election Act. This will be done through the radio, at least one community
meeting, and the Fond du Lac Denesųłı̨ ne Website.
We ask for your comments and suggestions.
You can also submit your input through:
A suggestion box at the Band Office,
A telephone call to any of the contact people listed below.
An e-mail to any of the contact people listed below.
A letter delivered to any of the contact people listed below.
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Fond du Lac Denesųłı̨ ne First Nation Band Custom Election Act Revision 2015 - Allan Adam
The Election Committee will provide regular information and updates regarding
the progress of this project through this web-site and other means. The Acts will
be read three times for any revisions and changes at a duly convened
membership meeting and will be ratified at that time.
Contact People
Councillor Liaison
1. Allan Adam Band Member
3069605192 (work)
email; allan.adam@sasktel.net
Darryl McDonald – CEO
Fond du Lac Denesųłı̨ ne First Nation
Election Committee Members tbd
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TABLE OF CONTENTS
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15.
16.
17.
18.
Title
Definitions
Chief and Council
Eligibility
Electoral Office and stafff
Term of Office
Notice for General Election
General Meeting
Nominations Meeting
Elections Process
Vacancy
By-Elections
Amending the Election Act
Voters List
Appeal Procedures
Records
Effective Date
Official Adoption
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Introduction
FOND DU LAC DËNESŲŁĮNE FIRST NATION CUSTOM ELECTION ACT
WHEREAS the Fond du lac Dënesųłı̨ ne First Nation has the inherent authority to
adopt, by way of custom, a method for choosing its Chief and Council, as
recognized by subsection 2(1) of the Indian Act, RSC 1985, c I-5, further that
process was identified as part of the Treaty 8 negotiations in 1899;
WHEREAS Fond du lac Dënesųłı̨ ne First Nation recognizes the value and
contributions of all its members, whether they reside on or reserve, and the rights
of all members to vote in Fond du lac Dënesųłı̨ ne elections;
WHEREAS the Fond du lac Dënesųłı̨ ne First Nation recognizes that certain
Council decisions uniquely affect those Fond du lac Dënesųłı̨ ne members who
reside on the reserve know that the good governance of the Fond du lac
Dënesųłı̨ ne First Nation requires ensuring that the interests of the residents on
the reserve at Fond du Lac are represented on Council;
WHEREAS the remote location of the Fond du lac Dënesųłı̨ ne First Nation
requires that a majority of Council members, constituting a quorum of Council
lıve ın the communıty to ensure that the business of the First Nation can be
efficiently conducted;
AND WHEREAS this Custom Election Act was discussed by the members of the
Fond du lac Dënesųłı̨ ne First Nation and approved by their vote on [date];
WE THEREFORE set forth here the custom of the Fond du lac Dënesųłı̨ ne First
Nation as to the election of Chief and Council, and the Council Procedures
constituting the Custom Election Act of the Fond du lac Dënesųłı̨ ne First Nation.
Previous Election Act Repealed
Any custom election act or regulation in force in respect of the Fond du lac
Dënesųłı̨ ne First Nation that pre-dates this act is hereby repealed and shall no
longer be of any force or effect in respect of the Fond du lac Dënesųłı̨ ne First
Nation.
Effective Date
DRAFT – FOR MEMBERSHIP REVIEW Sections of the Indian Act no longer in force
Provisions found in the Indian Act, RSC 1985, c I-5, and its predecessor, the
Indian Act, RSC 1970, c I-6, respecting the elections of chiefs and band councils,
being sections 74, 75, 76, 77, 78, and 79 inclusive, do not and shall not apply to
the Fond du lac Dënesųłı̨ ne First Nation.
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Section 1 Title
1.0 This act is named “Fond du Lac Denesųłı̨ne First Nation Election Act.”
Section 2 Definitions
2.0 In this election Act:
“Appeal Committee” means those persons designated to hear an appeal
relating to the Election Act.
“Ballot” means the paper by which a member casts a vote at an election.
“By-election” means an election other than a general election.
“Chief” means the person elected to that office.
“Councillor” means the person elected to that office.
“Elected” means the person elected to that office.
“Election” means the choosing of persons by casting ballots to hold the office of
Chief or Councillor.
“Election Committee” mean the persons selected in section 5.1 who are
responsible for conducting and supervising the election.
“Elector” means a person who is entitled to vote at an election or by-election of
the Fond du Lac Denesųłı̨ ne First Nation.
“Indictable Offense” means as defined in the Criminal Act of Canada
“Member” means a person named on the band list of the Fond du Lac
Denesųłı̨ ne First Nation.
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Section 3 Chief and Council
3.0 The Council of the Fond du Lac Denesųłı̨ ne First Nation shall consist of:
one (1) Chief,
and six (6) Councillors.
Section 4 Eligibility
4.0 Any person may vote in the general election who is:
4.0.1 a member of the Fond du Lac Denesųłı̨ ne First Nation,
4.0.2 eighteen years of age or over, as of the date of the election.
4.1 Any person may run for the office of Chief or Councillor who is: a
member of the Fond du Lac Denesųłı̨ ne First Nation, eighteen years of
age as of the date of nominations.
Section 5 Electoral Officer and Staff
5.0 An external Electoral Officer will be appointed by BCR. The officer will
then establish an election committee comprised of five members who
shall hold and conduct the general elections of the Fond du Lac
Denesųłı̨ ne First Nation.
5.1 The Committee members shall be elected by the community of Fond
du Lac Denesųłı̨ ne First Nation. The Electoral Officer to be selected
must be from outside of the community and should not be a band
member. This will ensure the Electoral Officer will exercerise fairness
to all candidates during the election.
5.2 The Electoral Officer will select a Co-Chair of the Election Committee.
They will both be responsible to run the election.
5.3 The Co-Chairs shall:
5.3.1 chair all meetings of the Election Committee,
5.3.2 convene a meeting with the Election Committee when called
upon to do so by the Chief and Council,
5.3.3 provide general direction and supervision over the running of
the election by providing dene translation services or other
requirements from time to time.
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5.3.4 provide instructions as required to others involved with
running the election to ensure that the election Act is followed.
5.4 Four of the five members of the Election Committee shall be members
of the Fond du Lac Denesųłı̨ ne First Nation. One shall be selected
from outside of the community. He/she shall preside as co-chair.
5.5 The Chief and Council shall provide staff for technical support and
other necessary resources to conduct the election.
5.6 The members of the Election Committee shall be paid an honorarium
for serving on the Committee. The Electoral Officer, Co-chair and
Appeal board will paid a flat fee of $250/day to a maximum of
$5000.00 for Electoral Officer and a flat fee of $175/day for the cochair to a maximum of $3500.00 for the co-chair or per diems for the
Appeal Board and proper related travel-related expenses for services
rendered.
5.7 The committee will sit until one month after the election has taken
place and they have submitted their report or until the appeal period
has lapsed.
5.8 If there is an appeal, they shall remain until that has been completed.
Section 6 Term of Office
6.0 The elected members of Chief and Council shall hold office for three
(3) years.
6.1 The term of office begins immediately after the formal announcement
by the Election Committee of the results of the general election.
6.2 The successful candidates for the office of Chief and Councillors must
reside in Fond du Lac, Saskatchewan during their entire term of office.
Section 7 Notice for General Election
7.0 The Chief and Council shall issue a Band Council Resolution
proclaiming the general election 60 days prior to the date of the
general election.
7.1 Immediately upon the issue of a Band Council Resolution announcing
an up-coming general election, the Election Committee shall convene
to begin the process for the general election.
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7.2 The Election Committee shall notify the membership of the Fond du
Lac Denesųłı̨ ne First Nation, living on or off-reserve, about the upcoming election 60 days prior to the date of the general election.
7.3 The notice for the general election shall include:
(i) the date, time, and location of the general meeting;
(ii) the date, time, and location of the nomination meeting;
(iii) the date, time, and location of the general election.
7.4
The notice for the general election shall be posted in: Prince Albert
Daily Herald Newspaper and other newspapers as appropriate; the
Fond du Lac Denesųłı̨ ne Web-site; the Band Office, Northern Store,
Airport, Nursing Station, and MBC Radio; any other place or
manner of acceptable means of communication.
Section 8 General Meeting
8.0
The Elections Committee shall call for a general meeting of the
electors of the Fond du Lac Denesųłı̨ ne First Nation to be held 40
days prior to the date set for a general election, for the purpose of
clarifying and reminding the electors of the election procedures as
outlined in the election Act.
Section 9 Nomination Meeting
9.0
The Elections Committee shall call for a nomination meeting of the
electors of the Fond du Lac Denesųłı̨ ne First Nation to be held 10
days prior to the date set for a general election, for the purpose of
nominating candidates for the office of Chief and Councillors.
9.1
The nomination meeting shall be open for three (3) hours.
9.2
At the time and location specified in the notice, the Co-chair shall
declare the meeting open for the purpose of receiving nominations.
9.3
A candidate may run for the office of Chief or Councillor but not for
more than one position.
9.4
A person nominated for office must be present at the nomination
meeting to accept his/her nomination and indicate willingness to run
for office.
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9.5
Any person nominated for office may withdraw their candidacy by
filing a withdrawal letter to the Election Committee up to 3 days
prior to the election.
9.6
The Elections Committee shall call for nominations for Chief and
Councillor positions until there are two or more candidates for Chief
and nine or more candidates for Councillor positions. If there ıs no
other person runnıng for any of the posıtıons, acclamations for
Chief or Councillor positions may be acknowledged at the
nomination meeting. Chıefs and or councıllors ıf unopposed can be
acclaımed.
9.7
The Election Committee shall prepare a list of all candidates for
Chief and Councillor positions along with the names of those that
nominated and seconded each candidate. The list shall be:
9.7.1 published on the community’s web-site,
9.7.2 posted at the Band Office, Radio Station, Nursing Station,
Airport, and
9.7.3 announced over the community radio or MBC radio.
9.8
Immediately after nominations, the Elections Committee shall
organize a forum where candidates address the membership of the
Fond du Lac Denesųłı̨ ne First Nation as to their “platform” or
reason for running.
9.9
Candidates who may not run for office and declared ineligible if
they;
9.9.1 Are in default of owing any monies to the band as per
the advance policy, if proven that these monies are
outstanding. The Electoral Officer will have to declare the
Candidate ineligible to run. The said Candidate is also
inelibible to run in future elections until their debt has been
cleared.
9.9.2 Are in possession of any band property and have not
disclosed of said property or relinquished it back to the band.
Section 10 Elections Process
10.0
Elections shall be held before the beginning of the next term, with
the new Chief and Council taking office immediately after the formal
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announcement by the Election Committee of successful
candidates.
10.1
The Election Committee shall give 30 days’ notice prior to the date
of the election, of the date, time, and place of the election in the
same manner as provided for in sections 7.3 and 7.4.
10.2
The Election Committee shall establish at least one polling station.
An advance polling station may be set up in Prince Albert prior to
the general election. Election committee members will take a
separate advance polling ballot box used specifically for the
election. Further, an advance poll will be established in the
community for those who cannot be in the community during the
general election.
10.3
The Election Committee shall prepare the polling station by: having
the ballot paper and materials for marking the ballot papers, posting
directions for voting in conspicuous places as may be required,
providing voting booths at the polling station where the elector can
mark the ballot papers free from observation.
10.4
The polling station shall be open from 9:00 a.m. to 6:00 p.m.
Central Time.
10.5
Every elector who is inside the polling station at the time fixed for
closing shall be entitled to vote before the poll is closed.
10.6
Voting shall be conducted by secret ballot on a form or forms
prescribed by the Election Committee.
10.7
Upon receiving the ballot(s) from the Election Committee, the
elector shall proceed directly to the place provided for marking
ballots and shall mark his/her ballot by placing an X or a check
mark that clearly indicates the elector’s choice, in the space
provided on the ballot opposite the name of the candidate.
10.8
On the day of the election the Chair of the Election Committee
shall, immediately before opening the poll, show the ballot box to
the persons present in the polling place so that they may see that it
is empty. In the absence of persons in the polling station, the Chair
of the Election Committee shall verify in writing that the ballot box
was empty prior to sealing. The ballot box will then be kept sealed
until the counting of the ballots after the close of the poll.
10.9
Where an elector is unable to vote in the usual manner for reasons
of physical disability or any other reason, any person at the
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choosing by the elector shall assist the elector to mark the ballot(s)
as directed by the elector. This will be done in the presence of the
Chair of the Election Committee or another member of the Election
Committee appointed by the Chair for that purpose.
10.10 Where an elector is unable to go to or enter the polling place owing
to a physical disability, the elector should request a ballot from the
Chair of the Election Committee, who in turn will go with another
member of the Election Committee to have the ballot cast from the
elector.
10.11 The Election Committee shall provide a means for electors who are
not resident or present in the community on voting day to cast
ballots by telephone, or other cost effective means, which provide
as much privacy as is possible:
10.12 The counting of the ballots will commence immediately upon the
close of the polls. The Chair of the Election Committee will take the
ballot box to the place of counting. The Chair of the Election
Committee shall then proceed to count the ballots, assisted by the
members of the Election Committee and technical staff, in the
presence of the attending electorate composed of the clergy, an
elder, and a police officer.
10.13 For the Chief position, the candıdate who recieves the most votes
cast shall be declared the wınner. For councıllors, the candidates
receiving the most votes will be declared elected. The Councillor
attaining the highest votes will be the Vice-Chief. The results will be
announced to the public immediately and posted the next working
day in the Band Office and on the Fond du Lac Denesųłı̨ ne website.
10.14 Where there is a tie vote, the members of the Election Committee
shall break the tie by a secret ballot. Otherwise, the members of the
Election Committee may not vote in the general election. The
counting of the ballots shall be done in the same manner as the
regular count.
10.15 The Election Committee shall not count any ballot, which is not
marked as prescribed.
10.16 The Election Committee shall deposit all ballot papers in the same
ballot box used in the general election, sealed and taken
immediately to the police station where it shall be kept for 30 days.
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10.17 The Election Committee shall destroy all the ballots, if no appeal or
challenge has been launched, immediately after the 30th day of
announcing the election results and declaring the winners.
Section 11 Vacancy
11.0
The Office of Chief or Councillor becomes vacant when a person
holding such position:
11.0.1 dies; or
11.0.2 resigns; or
11.0.3 is convicted of an indictable offense.
11.1
If the Chief or Councillor position becomes vacant, the position
shall remain vacant until a by-election or general election is called.
Section 12 By-elections
12.0
A by-election shall be held where there is a vacancy for the Chief
and Councillor positions.
12.1
A notice of the by-election shall be done within 4 weeks of the
vacancy.
12.2
The Election Committee shall conduct the by-election and shall
follow the same procedures as those set out in an election Act.
Section 13 Amending the Election Act
13.0
The act of amending the election Act is a serious and important
matter that must involve discussion by the membership of Fond du
Lac Denesųłı̨ ne First Nation.
13.1
The proposal to amend the election Act may be started anytime up
to six (6) months before the next general election.
13.2
The process for amending the election Act may be initiated by:
13.2.1 community band members with the support of elders presenting to
Chief and Council an outline of the specific area of the election Act
that is proposed for amendment, or
13.2.2 a Band Council Resolution.
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13.3
Upon receiving an amendment proposal in accordance with section
the Chief and Council shall convene the Election Committee to
begin work on the proposed amendment.
13.4
The Election Committee shall prepare a notice that outlines:
13.4.1 a summary of the proposed amendments,
13.4.2 a statement explaining that the full copy of the proposed
amendment(s) is available at the band office and on the Fond du
Lac Denesųłı̨ ne web-site, and
13.4.3 a description of the amendment process.
13.5 The notice in section 13.4 shall be:
13.5.1 published on the community’s web-site,
13.5.2 placed in every mail box in Fond du Lac Denesųłı̨ ne,
13.5.3 posted at the Band Office, Radio Station, Nursing Station, Airport,
and
13.5.4 announced over MBC radio.
13.6
The Election Committee shall provide a community engagement
process where the electors have the opportunity to provide
comments and input concerning the proposed amendments. This
will include, but not be limited to the following:
13.6.1 a community meeting,
13.6.2 a radio phone-in show,
13.6.3 a suggestion box
13.6 4 the Fond du Lac Denesųłı̨ ne web-site
13.7
Upon receipt of comments and input concerning the proposed
amendments pursuant to section 13.6, the Election Committee shall
compile the feedback and present it to the Chief and Council
13.8
The Chief and Council shall review the comments and confirm the
proposed amendment(s) that reflect the majority of the community’s
wishes.
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13.9
The Chief and Council shall submit the final amendment proposal
to a community duly convened meeting for approval.
13.10 The amendment(s) shall be considered passed if the majority of the
votes cast in a duly convened meeting are in favour of the
proposed amendment(s).
13.11 The amended election Act shall be placed on the Fond du Lac
Denesųłı̨ ne web-site.
13.12 The amended election Act takes effect immediately, but does not
affect previous elections or by-elections.
Section 14 Voters List
14.0
The Election Committee, in conjunction with the Membership Clerk,
shall prepare and certify as correct a list of all members of the Fond
du Lac Denesųłı̨ ne First Nation who are eligible to vote in any given
Fond du Lac Denesųłı̨ ne First Nation election.
14.1
The voters list may be amended by the Election Committee up until
1 day prior to the election.
Section 15 Appeal Procedures
15.0
An Election Appeal Committee, consisting of three (3) non-band
members, shall be appointed by Chief and Council in the event of
appeals to the outcome of an election.
15.1
Any candidate, or any elector who voted in the current election may
within thirty (30) days of the Election, appeal the results of the
election if he/she has grounds for believing that there was an error
or violation of this election Act during the election process that
might have affected the outcome of the election.
15.2
To appeal an election, a notice in writing, containing details of the
alleged infractions, shall be sent by registered mail to:
Elections Appeal Committee Fond du Lac Denesųłı̨ ne First Nation
Box 121
Fond du Lac Denesųłı̨ ne, Saskatchewan S0J0H0
Along with a money order or certified cheque payable to Fond du
Lac Denesųłı̨ ne First Nation for $1,000.00. This notice of appeal
and deposit must be received at the band office within thirty (30)
days of the election poll. If the appeal is successful, the deposit will
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be returned, and if denied, the deposit will be forfeited to the First
Nation and will be used to offset election and election appeal
expenses.
15.3
Upon receipt of any appeals the Elections Appeal Committee will
proceed as follows:
15.3.0 Within seven days from the conclusion of the prescribed thirty-day
period for the submission of appeals, the Appeal Committee will
forward copies of all appeals together with supporting
documentation to all candidates for office as well as to the Chair of
the Election Committee.
15.3.1 Candidates and members of the Election Committee may within
seven (7) days of receipt of the appeal(s), forward to the Appeal
Committee by registered mail a written response to the appeal
allegations, together with any supporting documentation.
15.3.2 The Appeal Committee may then conduct or authorize such further
investigation into the allegations, as it deems appropriate and
necessary.
15.3.3 The Appeal Committee shall render a decision within two weeks,
after the thirty (30) day appeal period and provide the decision in
writing to the Chair of the Election Committee.
15.4 Upon review of all evidence submitted, the Appeal Committee shall
act in one of the following ways:
15.4.1 Deny the appeal(s) on the grounds that the evidence provided did
not reveal an infraction of the election Act, or on the grounds that
an infraction of the election Act was revealed but the infraction did
not affect the outcome of the election.
15.4.2 Grant the appeal(s), and if the election is overturned, call for a new
election as soon as possible only for the position(s) affected, to be
conducted pursuant to the provisions of the election Act. The
Appeal Committee shall, if necessary, give instructions to the Chair
of the Elections Committee on how the infractions identified can be
corrected.
Section 16 Records
16.
All records, including the results of elections and dates of all
meetings, shall be kept at the Administration Building.
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Section 17 Effective Date
17.0
The Election Act comes into effect on the day it is approved by the
electors as per the Community Referendum Process.
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Section 18 Official Adoption
18.
This Election Act is hereby adopted this day of _______,20____, as
ratified by the members of Fond du Lac Denesųłı̨ ne First Nation.
Signatures of duly elected Chief and Council:
______________________________ Chief
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
______________________________ Councillor
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FOND DU LAC DENESŲŁı̨ NE FIRST
NATION (FDLFN)
ɂëdets’ęn k’ohıldé
(GOVERNANCE ACT)
March 30, 2015 Draft
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FDLDFN ɂëdets’en k’ohıldé (GOVERNANCE ACT)
PREAMBLE
Whereas the Fond du Lac Denesųłı̨ ne (FDLDFN) is a Treaty 8 First Nation
consisting of the following Indian Reserve #227.
And whereas the FDLDFN is proud of its heritage and Dënesųlı̨ ne language and
of the educational opportunities, economic successes, and social development
made possible by many years of strong leadership;
The FDLDFN has determined that sound governance is critical to the well-being
and sustainable development of its communities. This Act conduces to such
governance by establishing the internal structures and processes of the FDLDFN
government, including:
Authority, Roles and Responsibilities
Code of Conduct
Conduct of Council Meeting
Complaints Compensation and External Activities
Disciplinary Action and Removal from Office
By virtue of its inherent right to self-government, the FDLDFN, through its Band
Council, has full authority to enact this Act.
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PART I
Short Title and Definitions
SHORT TITLE
1. This Act may be cited as the Fond du Lac Denesųłı̨ ne (FDLDFN) Governance
Act.
DEFINITIONS
2.
In this Act:
(a) "Band contract" means a contract entered into with the Band for any
purpose.
(b) "Band Council" or "Chief and Council" means a quorum of the
Council of the Fond du Lac Denesųłı̨ ne First Nations elected pursuant to
the terms of the Fond du Lac Denesulıne Fırst Natıon Election Act 2015.
(c) "Band Member" means a person whose name appears on the Band
Membership List or who is entitled to have his or her name appear on the
Band Membership List.
(d) "Campaign Period" means the period extending from Nomination
Day to Election Day.
(e) "Conflict of Interest" means the situation that arises when an elected
official, whether Chief or Council, makes a decision or participates in
making a decision affecting his or her office and at the same time knows
that in the making of the decision there is the opportunity to further his or
her private interest, his or her family's interest, or the private interest of an
associate.
(f) "Corrupt Practice" means any act done by an elected Official,
whether Chief or Councillor, who unlawfully and/or wrongly uses his/her
name or position of authority or trust to procure some benefit or favour for
him/herself or for another person contrary to his/her official or fiduciary
duties and/or the rights of other persons and includes any act or omission
that is recognized by law or custom to be a corrupt practice.
(g) "Council of Elders" means a circle of Elders chosen to advise, guide
and provide resolution to internal and external issues associated with
band administration.
(h) "Chief Executive Officer" means the Chief Executive Officer of band
administration as designated by Chief and Council.
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(i) "Family" means, with respect to Chief and Council, his/her spouse
and dependent children.
j) "Spouse" means a wife or husband but does not include an estranged
wife or husband. The definition includes a man or woman who are not
married to each other but have cohabited as husband and wife
continuously for a period of not less than one year, or are in a relationship
of some permanence if they are the birth or adoptive parents of a child.
(k) "Quorum" is the minimum number of people required to conduct
business which amounts to at least 51 per cent of the members of the
band council.
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PART 11
Authority, Roles and Responsibilities
3.
CHIEF AND COUNCIL 3. The Chief and Councillors are the elected
government of the Fond du Lac Denesulıne Fırst Natıon. The function of
the Chief and Council is to provide good governance for the Band.
4.
The legal authority conferred upon Chief and Council by the Band
Membership is based on Council acting as a collectivity. No member of
Council, including the Chief can make a decision affecting the well being
of the FDLDFN acting as an individual unless otherwise authorized by
Council.
5.
In exercising their authority, the Chief and Council collectively serve in five
general governance roles, including:
(a) representative role
(b) law-making role
(c) policy-making role
(d) planning role
(e) monitoring role
6.
The Chief and Council's general duties include all of the powers and
duties set out in the Indian Act. Their key governance responsibilities
shall include:
(a) setting strategic management and direction for the Band
(b) maintaining good relations with Band members;
(c) protecting and optimizing community assets;
(d) fulfilling fiduciary and legal responsibilities;
(e) making governance laws and policies;
(f) regularly reviewing management and financial matters;
(g) regularly reviewing program and service delivery;
(h) approving major organization changes;
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(i) appointing and evaluating the Chief Executive Officer,
Program Directors/Administrators;
(j) adopting personnel and financial management policies;
(k) establishing boards, authorities, committees or other
bodies of Council;
(I) bringing communities back into its administration when
mutually agreed upon.
7.
The political duties and responsibilities extend to all matters over which
the Chief and Council have jurisdiction and include:
(a) maintaining a system of accountability to the Band Members
through policies ensuring transparency, disclosure and redress;
(b) recognizing and safeguarding inherent Aboriginal and treaty
rights;
(c) preserving and strengthening the FDLDFN's culture, language,
traditions, lands and resources through their inclusion, where
appropriate, in political, economic, social and judicial institutions;
(d) promoting, protecting and preserving the FDLDFN culture,
language, traditions, lands and resources and, where necessary,
reclaiming traditional territory and/or any royalties for harvesting
their natural resources;
(e) strengthening the inherent and political sovereignty of the
FDLDFN government and pursuing the broader recognition of the
Band's customary practices;
(f) assisting the Band membership in affirming their Inherent,
Treaty and Aboriginal rights;
(g) holding Canada accountable for its obligations and
responsibilities to the Band members;
(h) ensuring that no federal or provincial legislation is construed or
has the effect of abrogating or derogating from:
(i) any aboriginal, treaty, or other rights or freedoms that
pertain to the Aboriginal peoples of Canada including any
rights or freedoms that have been recognized by the Royal
Proclamation of 1763 or any rights that now exist by way of
land claim agreements or that may be so acquired; and/or
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(ii) any present or future negotiations for full recognition of
First Nation jurisdiction and authority over labour standards
on-reserve as part of their broader interest in selfgovernance; developing and negotiating agreements with
federal and provincial governments that affirm the spirit and
intent of Treaty;
(iii) promoting communication and exchange with other First
Nations and Indigenous peoples, nationally and
internationally; and developing, enacting and revising
FDLDFN legislation, regulations, by-laws and amendments
there
(iv) developing, enacting revising, FDLDFN legistation,
regulations, by-laws and emendments thereto.
Chief and Councillors
CHIEF
8.
The Chief is the elected head of the legislative and political arm of
FDLDFN. The Chief serves as the political head of FDLDFN. The
authority, role and responsibilities of the Chief shall include:
(a) acting as the FDLDFN's official spokesperson for internal and
external matters;
(b) acting as the FDLDFN's official representative for all external
matters and agencies including Canada, the Province, any City,
Town or Municipality which has dealings with FDLDFN, other First
Nations, other Tribal Councils, regional, national and international
First Nation organizations;
(c) acting as a positive role model to Band Members;
(d) establishing specific portfolios;
(e) calling Council meetings and approving the agenda in
consultation with the Chief Executive Officer;
(f) acting as Chair at Council meetings and, as Chair:
(i) maintaining order and decorum;
(ii) only voting in the event of a tie;
(iii) identifying who may be present for any discussion or
vote and who shall be entitled to speak;
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(iv) excluding persons from the Council chambers or other
meeting place for improper or inappropriate conduct or
causing a disturbance; and
(v) deciding all questions of procedure.
(g) authorizing Councillors to be absent from work or from Council
and Band meetings;
(h) identifying a Councillor to serve as "acting Chief" for external
activities in the event of hislher absence, that councillor is
recognized in the Election Act;
(i) ensuring that Councillors carry out the various responsibilities
under this Act.
COUNCILLORS
9.
The Councillors are the elected representatives of the reserve community
that selected them. They are required to assume all of the duties and
obligations set out under the Indian Act. Along with the Chief they are the
political and legislative arm of the FDLDFN government. The authority,
role and responsibilities of the Councillor shall include:
(a) acting as the FDLDFN's official spokesperson and
representative only when delegated by the Chief or a quorum of
Council;
(b) complying with the acts, by-laws, rules, policies and procedures
of an FDLDFN reserve community;
(c) attending all Band Council meetings unless a conflict of interest
or a reasonable cause has been identified;
(d) providing leadership and band activity reports during Band
Council meetings by participating in discussions and voting on
motions unless a conflict of interest has been identified;
(e) taking every reasonable action for and in the best interests of
FDLDFN with the objective of peace, order and good government.
(f) assuming the duties and obligations of any commiltee or
portfolio assigned by the Chief.
COUNCIL OF ELDERS
10.
The Council of Elders shall consist of eight (8) Elders from the communıty
and shall consıst equally of men and women. Practısıng love ɂëlghąnelá
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chu ɂësuhudı́ respect. Peace, Honesty, Patience, Courage, and Wisdom,
are supported and embodied in the Band's administration;
(b) provide guidance to Chief and Council when their advice is
sought;
(c) serve as the final problem-solving body for both internal and
external conflicts for the Chief and Band Council;
(d) guide the Chief and Council on issues concerning conduct and
behaviour of the Chief and Council and, where necessary, provide
sanctions to the offending person;
(e) serve as a role models and resource to Band members;
(f) support and attend community events;
11.
The Council of Elders is a supernumerary position wherein the Council will
convene as is required.
(a) The Chief Executive Officer is responsible for convening the
Council of Elders when requested by the Chief and Council.
12.
Any vacancy on the Council of Elders shall be addressed by the individual
community by presenting an Elder, within the time, as follows:
i) if the Elder resigns, immediately; or
ii) if the Elder is deceased, within six months.
BAND ADMINISTRATION
13.
The Fond du Lac Denesųłı̨ ne Council has developed an organizational
structure to facilitate the efficient operation of its programs and to
encourage effective communication among Band Employees and between
Employees and the general Band population. The Chief and Council
delegate the day-to-day administration of Band programs to the Program
Directors/Administrators. This authority is an inherent right and is
administered under the terms and conditions of the Indian Act, R.S.C.
1985, c. 1-5 as amended from time to time and under various contribution
agreements/arrangements negotiated with the Aboriginal Affairs and
Northern Affairs Canada [AADNAC] and Health Canada, First Nations and
Inuit Health Branch, municipal and provincial governments.
The Band Council sets policy and procedures and adopts regulations
under which the administration operates to deliver the programs. The
administration implements FDLDFN programs with cooperation from the
Chief and Council.
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The Band's administration is the responsibility of the Chief and Council
who appoints the Chief Executive Officer. The Chief Executive Officer is
then responsible for the effective and efficient administration of the band's
undertakings in accordance with the terms and conditions of the Band's
fiscal agreement (FTA). Each program is directed by a Program
Director/Administrator. The Program Directors/Administrators report to the
Chief and Council through the Chief Executive Officer on their particular
programs. Supervisors report to the Program Director/Administrator.
The Chief Executive Officer will assist Council in executing its
responsibilities. In addition the Chief Executive Officer will be responsible
for:
(a) implementing policies, programs and plans;
(b) managing the FDLDFN staff;
(c) ensuring, in concert wilh the Chief and Council of Elders,
harmonious relationships between Councillors and staff;
(d) providing a full briefing on the agenda issues to Chief and Band
Council prior to any official internal or external meetings;
(e) ensuring that the mandatory requirements of funders are met;
(f) convening the Council of Elders when requested by the Chief
and Council;
(g) consult with all Councillors from the community before
investigating any community complaints.
Directors, through the Chief Executive Officer, will be responsible for:
(h) bringing to the attention of Council any significant issues
requiring attention within his/her department and, where
appropriate, suggesting options or specific solutions for their
resolution;
(i) recommending to Council new or modified policies and strategic
or yearly plans relevant to his or her department;
(j) participating in advisory committees relevant to his or her
department; and
(k) monitoring budgets and related expenditures relevant to his or
her department.
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PART III
Conduct
CODE OF ETHICS
14.
The Code of Ethics is a guide by which elected officials should conduct
themselves. It is a framework within which the Chief and Council can
provide the quality of leadership that is expected of them by the electorate.
Every member of the Band Council who wishes to enjoy the respect and
confidence of the Band membership should strive to maintain the highest
standards of professional and personal conduct both in and out of the
workplace, both on and off reserve.
15.
The FDLDFN Election Act bestows upon the Chief and Councillors a
position of trust and authority. In his/her official capacity, each Chief or
Councillor must uphold the political trust bestowed upon him/her by the
Band membership and not compromise the dignity of the office through
involvement in other political forums. The Chief or any Councillor seeking
any other political office during their present term, must take a leave of
absence, with pay, while seeking such other office.
16.
The Chief and Councillors, as the duly elected representatives of the
FDLDFN, serve as role models for the FDLDFN. As a consequence, each
must understand that his/her words and actions may affect the public
image of the FDLDFN. In so doing each must acknowledge that he/she
shall:
(a) respect and promote the spirit, intent, and purpose of the
FDLDFN Election Act and this Governance Act;
(b) uphold and maintain the moral integrity, honour and dignity of the
FDLDFN at all times;
(c) promote honesty and good faith with a view to the best interests
of the FDLDFN;
(d) remain free of any perceived or real conflict of interests;
(e) refrain from asking a Band employee or member to do something
contrary to law or to any authorized Band policy, procedure, bylaw or
BCR;
(f) work in harmony with the Chief Executive Officer, Program
Directors, staff, institutions, businesses, boards and committees of
the FDLDFN and external Treaty organizations;
(g) faithfully represent the mandates of the Band membership and
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the respective boards and committees of the FDLDFN;
(h) demonstrate and promote respect, co-operation and open
communication within the Band Council at all times;
(i) respect and follow all FDLDFN acts, by-laws, regulations and
policies; ensure fairness and consistency in the application and
enforcement of the acts, by-laws, regulations and policies of the
FDLDFN;
(j) protect all confidential matters concerning the FDLDFN;
(k) recognize that the position of Chief and Councillor is a trustee
position. As such all Band assets, finances and funds shall be used in
the most effective and efficient manner and with regard to the best
interests of Band members, but not to restrict services provided for
Band members;
(l) refrain from using FDLDFN programs, services, capital assets
and fiscal resources for personal advantage;
(m) refuse any fees in reward for such duties performed in the
ordinary course of his/her term of office beyond such salary and
allowances as provided by FDLDFN and where another
organization is providing funds;
(o) refrain from taking his/her salary if he/she fails or neglects to
attend work without justifiable cause or reasons;
(p) refrain from divulging, disclosing, or communicating to any
person, group, organization, firm, corporation or business, any
information concerning any matters relating to or affecting any
FDLDFN initiatives, projects, businesses, companies, unless
authorized to do so by the Band Council;
(q) be respectful and courleous to all employees of FDLDFN and the
Band Membership;
(r) endeavor to avoid bitterness, anger, and hatred and to preserve
proper decorum and behaviour;
(s) promote and protect the fundamental rights of all FDLDFN
members, including their Inherent, Treaty, and Aboriginal rights;
and shall refrain from decision-making which appears as nepotism
or favouritism and shall refrain from hiring and firing.
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CONFLICT OF INTEREST
17.
As a contribution to the transparency and openness of their government,
the Chief and Council, in exercising their powers and discharging their
duties, are required to exercise the care, diligence and skill that a
reasonably prudent person would exercise in comparable circumstances.
Concretely:
(a) A Chief or Councillor who has reasonable grounds to believe
that he or she has a conflict of interest on a matter before the Band
shall, if present at a meeting considering the matter:
(i) disclose the general nature of the conflict of interest; and
(ii) withdraw from the meeting without voting or
participating in the consideration of the matter.
(b) The Chief or Councillor is required to disclose in writing to the
Band Councilor request to have entered in the minutes of a meeting
of Band Council the nature and extent of his/her interest where he
or she:
(i) is a party to a material contract or proposed material
contract with the Band; or
(ii) is a director or officer of or has a material interest in any
person who is a party to a material contract or proposed
material contract with the Band; or
(iii) is a business partner or close family friend of any person
who is a party to a material contract or proposed material
contract with the Band.
(c) The disclosure required by subsection (a) shall be made:
(i) at the meeting at which a proposed contract is first
considered;
(ii) if the Chief or Councillor was not then interested
in a proposed contract, at the first meeting after he
or she becomes interested;
(iii) if the Chief or Councillor becomes interested after
a contract is made, at the first meeting after he or
she becomes interested; or
(iv) if a person who is interested in a contract later
becomes Chief or a Councillor, at the first meeting
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after he or she becomes a Chief or Councillor.
(d) The Chief and Council must diligently avoid conflict of interest or
the appearance of conflict of interest when dealing with Band
assets.
18.
No Chief or Councillor shall participate in a Band contract.
(a) A Chief or Councillor participates in a Band contract where the
elected official:
(i) is, or has a right to become, in the elected official's private
capacity, a party to or has a beneficial interest in the
contract; or
(ii) is a shareholder, partner, director, manager, or officer of,
or has an interest in, a business that:
(ii) is, or has a right to become a party to or has a beneficial
interest in the contract: or
(iii) has a subsidiary, which is, or has a right to become a
party to or has a beneficial interest in the contract.
19.
The prohibition in subsection 18 does not apply to a Band contract where
the standard terms and conditions of eligibility are objective in nature and
are prescribed in an act or regulation.
20.
A Chief or Councillor shall not use information that is gained in the course
of or by reason of his or her official position or activities and is not
available to the Band members, to further or to seek to further the elected
official's interest, his or her family's interest, or the interest of an associate.
SANCTIONS
21.
If any member of the Band brings into question a Chief or Councillor's
conduct, the issue will be brought before the Council of Elders who will
convene a circle with the affected parties and determine what, if any,
sanctions are required. There shall be a prohibition against lobbying any
elected official for a period of one year from last term and there shall not
be a special job created for a defeated Chief or Councillor.
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PART IV
Conduct of Council Meetings
ATTENDANCE
22.
Attendance is required at all Band Council meetings. If a member is
unable to attend for other reasons, the absence must be brought to the
attention of the Chief before the meeting convenes. If a member's
absence is brought into question, the Council of Elders will resolve any
outstanding issues and sanctions if required. A record of the attendance
shall be kept in the Minutes of each meeting as well as a record of the
time of arrival and departure to and from the meeting.
MEETING TIMES AND AGENDA
23.
To ensure thaI Council meetings maintain the integrity, confidence and
dignity of the office of Chief and Councillor and that Council meetings are
run in an effective and timely manner, the following procedures shall
govern the operation of all meetings of Chief and Council:
(a) Council shall establish a regular meeting time and review
its meeting schedule every quarter;
(b) Council members shall arrive no later than ten minutes before
the meeting is scheduled to start;
(c) Meetings shall begin as soon as a quorum is present. If no
quorum is present within one hour after the scheduled start of the
meeting, that meeting shall be deferred 10 another date and time;
(d) If quorum is lost at any time during the meeting, that meeting
shall be deferred to another date and time;
(e) Council meetings shall be open to Band Members, the media
and the general public- except for items that are confidential in
nature (for example, personnel issues) or where an in camera
session is called for by the Chief and Council;
(f) Council members shall receive a meeting agenda at least 48
hours before the meeting begins;
(g) Councillors who would like issues included on the agenda shall
inform the Executive Secretary up until the meeting begins;
(h) The agenda shall be prepared in advance somewhat
resembling the following:
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Call to order
Opening prayer
Review & adoption of agenda
Approval of minutes of the last meeting(s)
Business arising out of the minutes
Chief Executive Officer's Report
Councillors' business
New business
Date and time of next meeting
Closing prayer
Adjournment
(i)
Any meeting cancelled due to lack of quorum may continue to
receive reports from various bodies, however no band business can
continue without a proper quorum.
MEETING PROCEDURES
24.
Council shall strive to reach decisions by consensus. If such a consensus
does not appear possible, Council will proceed by a majority vote of
members, provided that a quorum is still present.
25.
The Chief Executive Officer shall ensure that minutes are developed for
each meeting of Council. These minutes shall record all significant
decisions reached by Council.
DECORUM
26.
Under leadership of the Chief and so that the Council can work together
effectively for the best interests of the band, Council members shall:
(a) maintain decorum and civility at all times before, during and
after meetings;
(b) strive to deal with disagreements in a creative and respectful
manner;
(c) refrain from publicly criticizing any colleague, recognizing that
authority rests with a quorum of Council.
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PART V
Complaints
27.
As part of their on-going responsibilities, the Chief and Council are subject
to receiving complaints from Band Members about services. To strive for
responsiveness to Band Members while ensuring both effective
government and respect for the proper channels of authority, the following
complaints procedure shall apply:
(a) When a Chief or Councillor receives a complaint from a Band
Member or Members to which he or she is unable to respond to the
complainant's satisfaction, he or she shall forward the complaint in
writing to the to the appropriate Director and Chief Executive Officer
and to the Councillor(s) of the community from which the complaint
emanates.
(b) Within ten (10) working days of receiving the complaint, the
appropriate Director and Chief Executive Officer shall reply to the
complainant and send a copy of the reply to the Councillor and
Council of Elders.
(c) If the Councillor is not satisfied with the response provided, he
or she can raise the matter with the Council of Elders.
28.
Any work-related complaints of staff shall always be referred to Human
Resources with the guidance of the Council of Elders, according to the
established FDLDFN Policy and Procedure Manual.
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PART VI
Compensation and External Activities
COMPENSATION
29.
Compensation paid to the Chief Councillors and Council of Elders shall be
according to the rates established during a duly convened meeting of the
Chief and Council. The Chief and Council will also determine a per diem
amount for bonus as incentive for attendance at Band Council meelings.
30.
Requests for salary advances shall be subject to a "no salary advance"
policy but will be subject to early release under the conditions established
by the Chief and Council.
31.
The Chief and Councillors shall receive a yearly travel allowance for the
purposes of official travel with the amount, terms and conditions
established by the Chief and Council.
32.
The Chief and Councillors shall receive a yearly professional development
allowance with the amount, terms and condilions established by the Chief
and Council.
33.
The Chief and Councillors shall not be compensated for activities
necessary or incidental to their participation on commissions, boards,
committees and institulions of the FDLDFN.
34.
The Chief and Council shall remit to the FDLDFN any honoraria and travel
expenses received through events attended in the normal course of their
duties.
35
When a sitting Chief or Councillor seeks re-election on the Band Council
he/she shall vacate his/her office on Nomination Day. The Chief or
Councillor who is running for re-eleclion shall not be eligible for any travel
expenses, including his/her standard travel allowance; and shall not use
any FDLDFN office equipment, facilities, and human resources.
36.
The Chief and Council will develop a compensation proposal for Chief or
Councillors who are not re-elected or resign for health reasons. This
proposal will be presented at a duly convened meeting for acceptance or
rejeclion.
37.
All compensation owed to Chief or Councillor on his/her termination of
office will be payable within 14 days of such termination. All advances and
other costs shall be deducted from this final payment. Appeals regarding
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compensation shall be brought before a duly convened Band Council
Meeling for a decision that shall be final and binding on all parlies.
38.
In the event that an incumbent Chief or Councillor is not re-elected to the
FDLDFN and he/she:
(a) fails to return any FDLDFN equipment, he/she shall be
personally responsible for paying to the FDLDFN the replacement
costs of such equipment;
(b) either commits FDLDFN resources in contravention of this Act
or incurs expenses in relalion to his/her re- eleclion, he/she shall be
personally responsible for paying all such commitments and
expenses.
EXTERNAL ACTIVITIES
39.
During the term of office, any Chief or Councillor engaging in full-time
educational or other personal pursuits that would conflict with his/her
position shall be expected to resign.
40.
Upon being elected to Council and before being sworn in, the Chief or
Councillor shall be required to resign from any elected or other position
conflicling with his/her Council posilion and for which he/she receives
compensation.
41.
Subject to the approval of Chief and Council, a Chief or Councillor may be
authorized to represent the interests of the FDLDFN on the boards of
other levels of government or public institulions.
42.
Should a Chief or Councillor be elected at another level of government
First Nation, municipal, regional, provincial or federal] he/she shall be
deemed to have resigned from the FDLDFN Band Council.
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PART VII
Disciplinary Action and Removal from Office
DISCIPLINARY ACTION
43.
Except where an action for removal from office has been initiated,
disciplinary action of a serving Chief or Councillor for improper conduct
shall be undertaken:
(a) in the case of a malfeasant Councillor, by the Chief in
consultation with the Band Council and Council of Elders; and
(b) in the case of a malfeasant Chiefby the Band Council and
Council of Elders.
44.
Depending on the decision reached by the above-named parties,
disciplinary action would range in severity from a letter of reprimand to
suspension from office without pay for a maximum of 4 weeks.
45.
In the event that the above-named parties cannot come to a consensus
regarding the appropriate disciplinary action to be taken, the Chief and
Council would be removed from the circle and the Council of Elders would
determine the matter.
REMOVAL FROM OFFICE
46.
The Chief or a Councillor may be removed from office and be prevented
from running for office for 3 years if he/she:
(a) violates this Act or his/her Oath of Office;
(b) fails to maintain a standard of conduct expected of a member of
Council;
(c) accepts or offers a bribe, forges a Council document or
otherwise acts dishonestly in his/her role;
(d) is negligent in failing to ensure the safety and protection of the
community's members and property;
(e) abuses his/her office such that the conduct negatively affects
the dignity and integrity of the community or of council;
(f) encourages others to commit any of the above acts or
omissions; or
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(g) engages in such other conduct as may be determined by the
Council of Elders convened for that purpose to be of such a serious
nature that the removal is necessary and appropriate.
47.
The process for removal from office shall be the following:
(a) A Band Member must submit to the Council a petition against
the Chief or named Councillor requesting removal of that Chief or
named Councillor from office. The petition for Councillors must bear
the signatures of at least 50 percent plus 1 member of constituents
of voting age. In the case of Chief 50 percent plus 1 member of
constituents of voting age from the entire membership. (b) The Band Member shall attach to the petition an affidavit in
which the Band Member:
(i) verifies that he/she believes the Chief or Councillor(s)
has breached a provision of this Act; and
(ii) sets out the specific details and grounds upon which
he/she forms his/her belief;
(c) The Band Member shall also submit security in the amount of
$1000.00 cash or certified cheque to the Chief Executive Officer to
offset the costs to the FDLDFN associated with the hearing
identified in clause 48(f);
(d) The Band Member and Respondent(s) shall be responsible for
all of their own costs, including travel, meals and accommodations,
associated with the hearing. Each party shall bear his/her own legal
costs. All costs associated with the calling of witnesses shall be
covered by the FDLDFN. FDLDFN legal counsel shall be asked to
attend to ensure that procedural fairness and principles of
fundamental justice are observed.
(e) The Council shall verify that the signatures on the Petition are
those of Band Members and eligible electors and shall provide
notice in writing to the Council of Elders, the Respondent(s) and
Petitioner(s) of the pending hearing.
(f) The Council will call a hearing before the Council of Elders
within thirty (30) calendar days of receiving the petition.
(g) The hearing shall be open to:
(i) any of the Band Council who are not impugned in the
petition;
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Fond du Lac Denesųłı̨ ne First Nation Band Custom Election Act Revision 2015 - Allan Adam
(ii) the Respondent(s);
(iii) the Petitioner(s);
(iv) any other person whose testimony or assistance may be
required.
(h) Upon considering the evidence, the Council of Elders will make
a determination which may include, but is not limited to,
(i) dismissal;
(ii) referral for disciplinary action in accordance with Section
40 above.
(iii) referral to an independent tribunal for a full-scale
investigation.
48.
In the event a Councillor is under appeal or complaint, any Councillor
taking over his/her portfolios will have assigned to them the travel benefits
for those portfolios. In the event of removal from office on a temporary
basis while under appeal or complaint, the Chief shall be responsible for
the assignment of portfolios until the Councillor position is resolved.
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Fond du Lac Denesųłı̨ ne First Nation Band Custom Election Act Revision 2015 - Allan Adam
PART VIII
General
REGULATIONS
49.
For the purpose of carrying out the provisions of this Act, the Chief and
Council may make regulations that are ancillary to this Act provided they
are not inconsistent with the spirit or intent of this Act. Every regulation
made pursuant to this section shall have the force of law. Without
restricting the generality of the foregoing, the Band Council may make
regulations:
(a) for handling a motion for removal from office
(b) regarding conflict of interest;
(c) respecting any matter that is required or authorized by this Act to be
prescribed in the regulations; and
(d) respecting any matter that the Band Council considers necessary or
applicable.
ORGANIZATION CHART
50.
The Chief and Band Council may develop an organizational chart for its
own use.
INTERPRETATION IN THE EVENT OF DISPUTE
51.
In the event of dispute or disagreement arising from the interpretation of
any term, condition, word or procedure in this Act, the matter will be
referred to the Council of Elders for a decision that shall be final and
binding on all parties.
AMENDMENTS
52.
This Act may be reviewed and amended from time to time by simple
majority of the Chief and Council in consultation with the Council of Elders
with such amendments immediately coming into force and the date of the
amendment.
OATH OF OFFICE
53.
Attached hereto is a sample of the Chief and Councillor's oath of office.
COMING INTO FORCE
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Fond du Lac Denesųłı̨ ne First Nation Band Custom Election Act Revision 2015 - Allan Adam
52.
This Act shall come into force upon ratification by the Chief and Council.
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