TITLE: Grassy Plains...a community in crisis

Transcription

1 This case was written by Kim Gravelle for the purpose of entering the 2000 Aboriginal Management Case Writing Competition. TITLE: Grassy Plains...a community in crisis You have just been hired by the Tribal Council as First Nations Advisor to work with KPMG Consultants, whom have also just been hired by the Department of Indian Affairs, as Third Party Administrator, for the Grassy Plains First Nation. The Grassy Plains First Nation has been involved in a dispute for the past several months between the Chief, one Councillor and the membership. The Band Office has been closed down permanently for the past month, and as a result of the various factions, Indian Affairs took immediate action by putting the Grassy Plains First Nation under Third-Party Management. Your job as First Nations Advisor is to work with the KPMG Administrator to ensure the day to day business is done, to assist with any investigations, reporting etc., to assist with any policies which need to be developed, to assist in the hiring/re-hiring of band members to work with administration, and to assist with any business which requires input from the Grassy Plains First Nation for the Tribal Council. Background: The Grassy Plains First Nation is a small community consisting of a total band membership of 180 people. The Band Office provides administration support services to the membership, as well as membership and land-management administration. The following services are provided to the members of the Grassy Plains First Nation: Education Services Social Development Health Housing Operations & Maintenance Economic Development Employment Services Culture and Language The Band Council consists of a Chief and four Councillors all of which are elected through the Band's own election by-laws. Council positions are four year terms of which elections are held every two years. One election selects the Chief and two councillor positions, and the next election of the remaining two councillor positions. The Band Office employs the following positions: Band Administrator Secretary Bookkeeper

2 Social Development Worker Education Coordinator CHR Wellness Coordinator Maintenance Worker Janitor The Grassy Plains First Nation is located in a very rural location, and the closest municipality is within a one hour drive, which also is where the Tribal Council Office is located. The total membership of the Nation is approximately 1000 members. The Tribal Council provides programs and services to the member bands and their membership living on or off reserve, as well as to other status and non-status persons living within the Nation's traditional territory. The Tribal Council also serves as an umbrella organization for several societies, committees and corporations, which are engaged in the provision of programs and services to the membership. The most recent initiative of the Nation is their involvement with the Modern Land Claim Settlement Process. Current Situation: The Grassy Plains First Nation membership consists of four different families. Over the past several years the Council has consisted mainly of members from only two families. The overall community spirit of the band was good, and many social functions were organized and enjoyed by the members such as pot luck suppers, year-end education awards, garage sales, fun days for the youth, ski trips, hosting and organizing the annual pow-wow, craft nights, and the annual Christmas Dinner. However, like most First Nation communities, there were numerous factions such as jealousy, power, control etc., and infighting seems to be the rule rather than the exception. Two of the families have been fighting for years on power and control issues, and as a result a member of the protesting family was elected Chief, along with his brother for Councillor. These two immediately began making drastic changes to the Grassy Plains First Nation organizational and governance structure. To begin, they hired a non-native as Band Administrator to run the day to day affairs of the community, then all staff was laid off from their jobs until further notice. The Chief informed the staff that organizational changes were needed as a result of discussions at the Tribal Council regarding leadership challenges, membership disputes, administration problems, staff not doing their jobs properly, and lack of accountability from former Council members. None of the other three Councillors were involved in the decision-making of these changes. The protesting Chief and Councillor were working closely with a non-native from the Tribal Council, whom is never in personal or business contact with any of the members of the Grassy Plains First Nation. The Chief then informed the membership at a Band Meeting, that the new Band Administrator has been hired to assist with the reorganization, and investigation of all financial records of the Grassy Plains First Nation. A copy of a "Notice of Acts of Conspiracy, Deceit, and Fraud committed by past Chief, Council and Employees", was passed out, as well as a letter supporting these allegations from the Administer of the Tribal Council. (refer to App. 1 and App. 2)

3 The Chief then mentioned that the Tribal Council has agreed to administer the Social Development and Education programs on behalf of the Grassy Plains First Nation to ensure these mandatory services are provided to the members. A letter was also passed out to all Band members whom had membership to a reservation in the United States as well as Grassy Plains, giving them notice that they may lose their membership on the Grassy Plains First Nation. (Refer to App. 3) Frustrated with the various changes the newly elected Chief, and his brother were implementing, the Grassy Plains Band members held a special band meeting at a band members residence. They came up with a Band Membership Resolution of their issues and recommendations, and then presented it to the protesting Chief and Council. (Refer to App. 4) The Chief was outraged by the Band Membership Resolution, and the request by the membership to resign as Chief, closed down the Band Office, and immediately had the locks changed so no one could enter the Band Office. A sign was posted informing the public that the Grassy Plains First Nation Administration was closed until further notice. The Grassy Plains membership again held a special Band Meeting. One of the other Councillors handed in his resignation. The result of the meeting was to reopen the Band Administration office, rehire the former staff, and a motion was passed to set up a nomination date for elections of a new Chief and two new Councillors. That next Monday the Grassy Plains First Nation reopened for business. The former Chief than visited the office Monday afternoon, with papers of a court injunction. That evening he again changed the locks on the administration office. The Grassy Plains First Nation was divided into two, the protesting Chief, Councillor, and their family, and the other three families that comprised the membership. Acts of violence were committed, name calling, property was being damaged. The former Chief uttered threats, and used vulgar language to members while he was drinking. Community members were scared, the nearest RCMP was within one hour away. Finally, one month later, a representative from the Department of Indian Affairs came and met with the Grassy Plains membership. The outcome of the meeting was that Third Party Management would be hired until the Grassy Plains First Nation resolved the following issues: The court injunction problem solved. An forensic audit will be conducted. An election process is started. A committee will be formed for needed changes on the Band's Custom Election Regulations. Changes are to be made by membership. A membership code is in place. Next Steps:

4 It is your first day on the job as First Nations Advisor, and one of the community members has brought forth a counter proposal to INAC pertaining to the meeting held with them last week. (Refer to App. 5) This person also informs you of the infighting issues, and the division within the community. He also has a copy of the yearly audit. After reviewing the audit you discover that everything is within sound financial accounting principles, and that a few of the programs have surpluses. You begin to wonder the validity of the accusations of misuse and fraudulent activities by the former Chief, Council and Staff. After further research of the administration procedures, you discover that although the Band faithfully practiced "Indian Time", and the office wasn't as organized as the Tribal Council Office, all programs, financial records, and the staff of the Grassy Plains First Nation seemed to be working for the best interests of the members. What seems to be the main problem here? How are you going to break the division between the members of the Grassy Plains First Nation? What steps need to be taken to unite the members of Grassy Plains? What forms of dispute resolution processes can be implemented to resolve any further problems? Identify the major problems within First Nation Governments in general that may also apply to the factions at the Grassy Plains First Nation. Can you identify some goals, objectives, ethics, etc., which the Grassy Plains First Nation can use as a framework to focus on increased improvement and accountability from staff, and Chief and Council? Appendix 1 GRASSY PLAINS FIRST NATION "Notice of Acts of Conspiracy, Deceit & Fraud To all Grassy Plains First Nation Band Members: The former Chief has committed a Breach of Trust on numerous occasions. The former Chief abused Band credit cards, which were used for purposes not associated with Band business and further would overdraw these accounts. The former Chief hindered the application of Bill C-31 applications for membership on-reserve. The former Chief has overbilled the Band on numerous cases for travel expenses to meetings she did not attend. Also took advances to attend meetings she did not attend.

5 Former Councillor used Band sawmill without the consent of Band members or Council. Also used Band funds to pay for personal expenses such as legal costs associated with the sawmill, insurance for the sawmill and loader, and operating expenses. Revenue Canada garnisheed two Bank accounts owned by the Grassy Plains First Nation to cover UIC and WCB payments that were to have been made by a private enterprise owned by the former Councillor. This garnishment was a direct result of the misuse of Sawmill, Band property, Band accounts etc. This was damaging to the credibility and reputation of the Band as well as the Nation. Some Band members directly related to the former Councillor did not pay any grazing fees for the past 10 years. The Former Councillor further indebted the Band to Kimmer Forestry Consultants in the amount of $23, for his sawmill operations. Money was borrowed from one of the Band's other businesses to finance forestry projects. Tuition and living allowances were being paid to a Band member whom wasn't even attending school. The bookkeeper is guilty of not reporting these issues of misappropriation of Band funds to the membership. The bookkeeper is guilty of creating jobs for her daughter without consulting Band Council or anyone else. The bookkeeper also paid her husband whom is Maintenance Worker for the Band overtime cheques for which he was not entitled. The policy strictly states no overtime is paid. The language and culture instructor was paid wages for the past year, but has not provided any classes, workshops or services to Band membership. The Social Development Worker among other discretions lied to INAC as to the validity of persons receiving social assistance cheques. (People were not living in Canada, but receiving money) This was also done against the direction given against this by Chief and Council. Appendix 2 TRIBAL COUNCIL July 24, 1997 To all Grassy Plains Band Members:

6 During the past few months, many Grassy Plains First Nation Band Members have expressed concerns, in a variety of ways, relating to Band issues. Explanations have been requested from the present Chief and Council. It would appear that a number of inconsistencies and fraudulent activities have occurred concerning previous Band affairs and business transactions. This has resulted inputting the Grassy Plains First Nation in serious financial jeopardy, and the situation is currently under investigation. Details of the information, and names of those associated with the activities, cannot be released to the Band membership until all reports, concerns and related financial transactions are substantiated. Early release of any information relating to the ongoing investigation will damage a pending court case, and may result in a liable suit. Decisions by the present Council have been made in the best interests of the Band membership. Under the current circumstances, and upon legal adive, it is with regret that detailed information cannot be disclosed at this time. The Grassy Plains First Nation membership will be advised of investigation results accordingly. I ask for your patience, understanding and cooperation while working toward resolving the current situation. Your truly, TRIBAL COUNCIL original signed by administrator ADMINISTRATOR Appendix 3 GRASSY PLAINS FIRST NATION To all Band members whom possess membership on the Reservation in the States, and Grassy Plains First Nation:

7 The Grassy Plains First Nation Band held a meeting on March 13, 1997, regarding Band membership. After reviewing the Membership rules and Band Membership List, it was decided that according to Section 3.2 of the Grassy Plains Band Membership rules which states: Section 3.2: 3.2 A Grassy Plains Band Member wishing to transfer to another Band shall not be deleted from the Band list until such transfer, he/she shall forfeit all communal rights and properties as well as benefits automatic and immediate to the Grassy Plains First Nation. The Grassy Plains First Nation will delete your name from the Band Membership list within 30 days unless you verify that you are not registered on another Band, with a certified documentation signed by the Chief and all Councillors of the other Band. Although your name may be deleted from the Grassy Plains First Nation Membership list, you are still registered as a Status Indian wit the Department of Indian Affairs, and you are still elegible to apply for certain assistance through the Department of Indian Affairs. Yours truly, original signed by Chief Chief, Grassy Plains First Nation Appendix 4 GRASSY PLAINS BAND MEMBERSHIP RESOLUTION July 6, 1997 A special Band Meeting was held on July 6, 1997, and th following issues and recommendations are made by the undersigned Band Members:

8 We do not agree with the hiring of a non-native to run the Grassy Plains First Nation. We are also concerned with the recent dismissal of the staff. We therefore direct and mandate the following selected Band Members to deal with all human resource issues at the Grassy Plains First Nation. It is our view that vacancies within Grassy Plains First Nation are not going to Band Members, therefore, we direct that a personnel committee comprised of two Council Members and three Band members be allowed to do all the hiring for all positions at Grassy Plains, and that Band members be given first preference for jobs. A Housing Manager should be hired to work with and take direction from the Housing Committee to explore all options to remedy the housing problem. Negotiation with CMHC must take place to develop the management plan. Evictions should be the last resort. Band Council Meeting must be open to membership. Band members should not be charged to use recreation facilities. We are extremely concerned that as residents of the Grassy Plains First Nation, we are the last to be informed of decisions of the Band Council. Non-Band members at Tribal Council appear to be the first informed. We strongly feel that the Council is elected by the people to work for the people and the betterment of the Band and its assets. For the past several months rumors, fear mongering and defamation and character assassination of certain individuals has been created by the Chief and his brother. Therefore, we hereby demand the immediate resignation of this Councillor.

9 We are concerned that are elected Chief, has taken ill advice from others and in many instances has acted without consulting his membership. In so doing he has not acted with our best interests in mind and we are asking that the Chief resign from his position. Finally, we direct that from here on the Band Council work together as one and that they consult with the Band membership before making any decisions that will affect our well-being and financial security. ORIGINAL SIGNED BY THE MAJORITY OF BAND MEMBERS Appendix 5 Counter Proposal to INAC Grassy Plains First Nation membership Before going any further, INAC will have an open meeting with Band membership to hear the peoples concerns and explain why they seem to be taking sides against 90% of the on-reserve membership.

10 An independent auditor, approved by INAC, the Third Party Administrator, and the Band Membership will be hired to do a complete audit. The Auditor will give a full report with recommendations to all Band members at a special Band meeting. The creation of a committee during the internal audit will be done to approve day to day issues. This committee will be disbanded after the audit is complete. The Band will go ahead with its election process without interference from INAC. INAC will assure the membership that future Band Office/Hall closures will be avoided at all costs. INAC will understand and agree that one Council member does not have the right to cut off basic human services to their people. INAC will take all Band members concern seriously in the futre, when requested to do so. They will listen to all sides in a dispute and mediate if necessary. They will give all peoples the basic right to be heard. All Band employees, who were laid off will have first option to aply for their former jobs if and when it is financially feasible.