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By-law No. 2007.2 of the SALT RIVER FIRST NATION COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Table of Contents Part 1 - Interpretation 1 Short Title 2 Definitions Part 2 - Duties of the Chief and Council 3 Governance authority and leadership 4 Communication with members 5 Attendance at meetings 6 Notices to Meetings 7 Financial management 8 Administration 9 External relations 10 Conflicts of interest Part 3 - Conduct t>f Business------------11 Chairman 12 Observers Part 4 - Decision Making 13 Quorum 14 Order of Business 15 Decisions Part 5 - Member Access Meetings 16 Registration 17 Time Permitted 18 Documents 19 Decisions Part 6 - Portfolios and Committees 20 Portfolios 21 Committees Part 7 - Records 22 Council Secretary 23 Council Minutes Part 8 - General 24 Rules of Conduct 25 Supplementary Rules of Procedure 26 Amendments 27 Coming into force
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW • ___________________ _ ________________________ Page 2 of 18 W H ER EAS the Salt River First Nation has the inherent Aboriginal and Treaty right to govern relations among its Members and between the Salt River First Nation and other governments; and W H ER EA S the Aboriginal and Treaty right of the Salt River First Nation to self- government was recognized and affirmed in Treaty No. 8 entered into between Her Majesty the Queen and the Salt River First Nation and confirmed by section 35 of the Constitution Act, 1982] and W H ER EA S the Council Accountability and Procedures Bylaw is an exercise of the Aboriginal and Treaty right to self-government and nothing in this bylaw may be construed as to abrogate or derogate from any aboriginal and Treaty rights of the Salt River First Nation; and W H ER E A S the history, culture, and values of the Sait River First Nation include mutual respect between leadership and members and belief in accountable and transparent governance; and W H ER EA S the Indian Act, R .S .C . 1985, c. I-5 further provides in section 80, 81(1)(c), (d) and (q ) that the Council may make law with respect to the conduct of Council Meetings observance of law and order and ancillary matters; N O W TH E R E FO R E T H E C H IE F AN D C O U N C IL O F S A L T RIVER F IR S T N A TIO N E N A C T A S FO LLO W S : Part 1 Interpretation 1 Short Title 1.1 This by-law may be cited as the Council Accountability and Procedures By-law. 2 Definitions 2.1 In this Code (a ) “Administration" means ail the employees of First Nation; (b ) “Band Offices” means the location at which the “First Nation" transacts its day to day business;
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Page 3 of 18 (c ) “Chief means the Member elected to the office of Chief pursuant to the Election Regulations of the Salt River First Nation; (d ) “Confidential lnformation” means: (i) information which could prejudice First Nation's negotiating or financial position if it became publicly available; (ii) information which was provided by a Member in confidence; (iii) information about a Member in respect of which that Member had a reasonable expectation of privacy; and (iv) information which is sought by one Member about another Member, except where the relationship between the two Members is that of parent/guardian and minor child or dependant adult and trustee. (e ) "Council” means those Members Elected pursuant to Election Regulations of the Salt River First Nation who hold the office of Chief or Councillor and who are empowered to act as the governing body of the First Nation; (f) “Council Meeting” means an assembling of the Council for the purposes of conducting the day to day business of the First Nation; (g ) “Council Minutes” means a written summary giving the substance of any discussion and the decisions taken at each “Council Meeting”; (h) “Council Motion” means a proposai to take a certain action or a question stated by a member of Council to be determined by a “Quorum of Council” at a “Council Meeting", which is evidenced in writing by a band council resolution; (i) “Council Secretary" means the person appointed by toe Council to fulfill the duties and responsibilities as set out in these Regulations and as directed by Council from time to time; 0) “Councillor" means a Member elected to the office of Councillor pursuant to the Election Regulations of the Salt River First Nation; (k) “Elder" means a person who is an aged and respected member knowledgeable in toe practices, customs, traditions and ways of toe First Nation;
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Page 4 of 18 (!) "Elector'’ means a Member who is entitled to vote pursuant to the Election Regulations of the First Nation; r . (m ) “First Nation" means the Salt River First Nation; (n) “information Meeting" means an assembly of Electors called, from time to time, for the purposes of receiving or providing information to “Electors”, for which Notice has been given by the Council within a time and by the method determined by the Council; (o) “Member" means a person whose name appears on the Membership List of the Salt River First Nation; (p) “Member Access Meeting” means a meeting held in accordance to these Regulations at which members may discuss matters of individual concern with the whole Council or individual members of Council; (q) “Notice” means a posting placed in a publicly accessible area of the Band Offices of the Salt River First Nation; (r) “Quorum of Council" means a majority of the whole of Council; (s) “Special Meeting” means an assembly of Electors called for the purpose of deliberating one or more motions, for which 14 days’ Notice has been provided by posting notices at the Band Offices. Part 2 Duties of the Chief and Councillors 3 Governance authority and leadership 3.1 The Council are entrusted with matters which are fundamental to the integrity and continued flourishing of the First Nation. Accordingly, the Council shall exercise their governance authority consistent with: (a) the culture, traditions, and values of First Nation as expressed by the ancestors and Elders of First Nation and as modified by the needs of the First Nation as a modem community;
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW _______________________;_________ ;_______ :_______ ;_______________ Page 5 of 18 (b) actively participating in Council activities for the benefit of the Membership as a whole and not in the service of individual Members or family groups; (c ) the Treaty, Aboriginal, and inherent rights to self-governance and self- determination; (d ) the principle that governance powers vest in Council are exercised by consent of a majority of the Councillors present at a meeting of Council duly convened and that the Chief has a casting vote in the event of a tie. (e ) the statutory and administrative authorities and responsibilities, as set out in the Indian Act R .S .C . 1985 and other applicable laws, including this by-law; (f) the common law and fiduciary obligations to manage and administer the property, funds, and other assets of the First Nation in a reasonable transparent and accountable manner; (g ) any contractual obligations and responsibilities set out in the terms of Contribution Agreements or other contracts with funding agencies of other governments; and (h) the role of Council relative to the proper administration of the First Nation, recognizing that individual Council members are prohibited from harassing, directing or in any way interfering with the administration of the First Nation, excepting communications that are directed by the Council as a whole. 4 Communication with members 4.1 Communication between Members and the Council are an important element of a healthy democracy. Accordingly, the Council shall ensure regular and reasonable communication with Members by; (a ) regular Council Meetings not less than once per month; (b) holding an Annually General Assembly; (c) holding quarterly Information Meetings; (d) _ holding Special Meetings as necessary; (e ) holding Member Access Meetings as necessary;
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Page 6 of 18 (f) consulting with Eiders as may be necessary; (g ) the Council shall provided information respecting First Nation by-laws and major policies to Members who request such information; (h ) providing copies of financial reports and audits for Members who request to review them, but copies of financial reports or audits may not be copied or removed from the Band Offices; (i) providing copies of any minutes of the Annual General Assembly, Information Meetings, Special Meetings or Council Meetings where general observers were allowed to attend the Council Meeting, for Members who request copies; (j) making those portions of minutes of Council Meetings which may relate to the Member requesting access available to that Member to review; and (k) making files or records which relate to the Member requesting access available to that Member to review, but they may not be copied or removed from the Band Offices. 4.2 Notwithstanding any right of access to information described above, the Council shall protect and safeguard any Confidential Information and no Member is entitled to request or demand that the Council divulge Confidential Information. 4.3 Communications with third parties must be authorized by the Council and no member of Council may represent that he or she has authority to bind the First Nation to do anything or to make any statement alleged to be made for or on behalf of the First Nation without prior authorization of Council. 5 Attendance at meetings 5.1 The Council shall: (a ) hold regular Council Meetings and deal with Council business on a timely basis; (b ) attend all Information Meetings, Council Meetings, Annual General Assemblies and Special Meetings, unless they are unable to attend due to an emergency, natural disaster, family death, sickness, medical abnormality, court appearance or other exceptional circumstances approved by a Quorum
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW ' ___________________________________ Page 7 of 18 • of Council. Notification of absence should be provided prior to the meeting and reasons for extended absences shall be provided in writing; .-(c) attend and represent the First Nation at functions, meetings, and other occasions, both on and off Reserve, as required from time to time; (d) prepare in advance for each meeting by reading reports and minutes and be punctual in respect of their attendance for any meeting; and (e ) remain at meetings until the business for which that meeting has been called is concluded or adjourned. 6 Notice 6.1 Any member of Council may call meetings required pursuant to the laws of the First Nation, these regulations, or as otherwise required by the First Nation from time to time. Any member of Council calling a meeting shall, when ever possible and time permits, cooperate and consult with the other members of Council when calling and scheduling meetings. 6.2 For clarity, Council consensus should be sought but is not required to call and schedule a meeting required pursuant to the laws of the First Nation, these regulations, or as otherwise required by the First Nation from time to time. 6.3 Notice shall be given for ail Council Meetings as prescribed by the Council or the Council’s designate, and: (a) in the case of a Council Meeting shall be given in writing at least two (2 ) days before the Council Meeting and delivered bvthe Council Secretary or Council designate: and (b ) in the case of a Member Access Meeting shall be given in writing to members at least 7 days before the Member Access Meeting by posting the Notice at the Band Office. 6.4 Upon complying with section 6.2, the Council may publish, mail and deliver additional Notices by any other method as many times as the Council considers appropriate. 6.5 When a meeting is required on short notice, members of Council may be summoned to a meeting orally or electronically by any member of Council, Council Secretary or Council’s designate, who was appointed by a majority of Council and
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW ________ ;_________________________________ _ _________ ;___________ Page 8 of 18 whose authority may be established by written or oral consent of a majority of members of Council or by a subsequent motion at a Council meeting at which a Quorum of Council is present. 7 Financial management 7.1 The Council shall: (a ) ensure the financial affairs of the First Nation are conducted in a prudent, responsible, and careful manner at all times keeping in mind the best long term interests of the First Nation; (b ) ensure that they are fully informed about the financial responsibilities and resources of the First Nation; (c ) annually prepare a budget for expenditure of First Nation Funds and present it to the Members for information purposes; (d ) meet quarterly to review variance reports and monitor the expenditures as being in compliance with the budget; (e ) ensure compliance with any funding agreements with govemmentorfunding agencies; (f) comply with any First Nation financial management codes or policies in place from time to time; (g ) oversee their senior managers and ensure that senior managers operate within program budgets and service delivery standards and by taking remedial steps, if necessary; (h ) obtain professional investment or other advice required to ensure that investments are suitable to the circumstances of First Nation; (i) ensure that financial transactions are recorded in accordance with generally accepted accounting practices and that audited financial statements are prepared annually; and (j) endeavour to keep Members regularly informed about the financial situation of the Nation.
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Page 9 of 18 8 Administration 8.1 The Council shall ensure stable, competent, qualified, and efficient administration of the First Nation. Accordingly, the Council shall: (a) conduct themselves at all times with integrity, courtesy and decorum and without conduct that is disorderly, irresponsible or likely to interfere with the orderly governance or administration of the First Nation. (b) subject to the preference which may be given to Members, make hiring decisions on the basis of merit; (c) develop and implement personnel policies and procedures to govern relations between the First Nation and Administration and to clearly describe the rights of employees generally; (d) ensure all managers and staff have clear job descriptions and reporting lines of authority; (e ) ensure that First Nation complies with its legal duties as an employer including treating its employees with fairness and dignity; and (f) ensure that employees of First Nation fulfill their legal obligations including their obligations not to disclose Confidential Information and to treat all Members with fairness and dignity. 9 External relations 9.1 The Salt River First Nation is a unique level of government operating within the Canadian federal structure. The Council are the representatives of the First Nation in ail government to government relations. Accordingly, the Council shall: (a) honourably and effectively represent the interests of the First Nation, including Treaty and Aboriginal rights, to other levels of government, including Federal, Provincial, Municipal, and other First Nation governments; (b ) foster respect for the constitutionally protected Treaty and Aboriginal rights of the First Nation; (c) conduct themselves in a manner which fully, property, and fairly represents the interests of the First Nation; and
COUNCIL. ACCOUNTABILITY AND PROCEDURES BY-LAW __________ ________________ ' ■ ________________ Page 10 of 18 (d ) from time to time, report to the Members about the topics and outcomes of their meetings held outside the community. 10 Conflicts of interest , 10.1 The Council shall be beyond challenge or reproach in every business transacfion. They must not allow themselves to be put into a position where their judgments may appear to be unduly influenced by personal considerations. In orderto ensure that the Council fulfill their obligations to Members, it is important the Council adhere to strict conflict of interest guidelines. Accordingly, the Council shall: (a ) not directly or indirectly engage in any personal or business activity which competes or conflicts with the interests of the First Nation or compromises their ability to serve the interests of the First Nation with independence and integrity; (b ) deal fairly and impartially with ail Members showing no favouritism, prejudice, or bias in any decisions affecting the rights or interests of the Members; (c) not make any decisions or use their office or powers to provide extraordinary benefits for themselves or their immediate families; (d ) ndtuseorcommunicateConfidentiallnfbrmationoranyinformationacquired in their capacity as a Chief or Councillor for their personal gain or for the benefit or harm of any other person; (e ) divulge in writing the nature and extent of their outside employment and business interest; (f) not engage in any activity which demands excessive time and attention of the Chief or Councillor in a manner that unreasonably interferes with the performance of their duties, as it may be considered a conflict of interest unless it is deemed necessary by the Council for health, personal, family, or spiritual reasons; (g ) not accept any extraordinary gifts, personal loans, or other special considerations of more than three hundred ($300.00) dollars from any Members or individuals, businesses or organizations doing business with the First Nation; (h ) not receive any loans from the First Nation or any business corporation or other entity controlled, in whole or in part, by First Nation while in office; and
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW ___________________ . .. - ■__________________ Page 11 of 18 (i) not use First Nation personnel, equipment or facilities to obtain any personal benefit without the prior written approval of the Council, excepting the Councillor or Chief seeking the permission. f ; 10.2 A Councillor shall recuse himself or herself from any decision, debate, or vote on any matter in respect of which he or she is in a conflict of interest. 10.3 in order to ensure public confidence in the impartiality of Council, every Councillor shall, within 30 days of accepting office and on an ongoing basis, be required to disclose the nature and extent of any assets and the full particulars respecting such assets that could reasonably give rise to a conflict of interest, including intereste of any kind in any business or commercial endeavour of any type whose shares are not traded publicly. Part 3 C o nduct of Business 11 Chairman 11.1 The Chief shall serve as chairman of all Council Meetings and shall: (a ) open and close Council Meetings; (b ) ensure agendas are followed; (c) direct the discussions; (d ) put Council Motions to a vote; (e ) announce decisions; (f) ensure maintenance of order; (g) rule on points of order; (h ) adjourn or close debates; and (i) generally do all other things necessary to ensure observance of these by-laws.
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW __________________ ;______;______________ • ■ ___________ ;______ Page 12 of 18 11.2 The Chief may, in his or her absence, appoint a chairman for a Council Meeting and, failing appointment by the Chief, a Quorum of Council may appoint the chairman. j 12 Observers 12.1 All Council Meetings shall be closed to observers, except: (a ) upon the invitation of the Council; or (b ) where a Quorum of Council has determined the meeting shall be open to observers. 12.2 All permitted observers must comply with any rules of conduct established by the Council and shall, at the request of the chairman, depart from Council chambers. Part 4 Decision Making 13 Quorum 13.1 All decisions of Council shall be made by a Quorum of Council at a Council Meeting and recorded by Council Motion. 13.2 If no Quorum of Council is present within 1 hour after the time for the meeting, the Council Secretary shall take the names of the members of Council present and the chairman shall determine whetherthe meeting is adjourned or whether the meeting shall continue, provided that no Council Motion may be determined without a Quorum of Council being present. 13.3 Upon a Quorum of Council being present or, upon a determination made pursuant to section 13.2, the chairman shall call the meeting to order. 14 Order of Business 14.1 The order of business at each Council Meeting, except Member Access Meetings, shall be as follows: (a ) reading, correction, and adoption of the minutes of the previous Council Meeting;
C O U N C IL A C C O U N TA B ILITY AND PR O CED UR ES B Y-LAW _______________ _̂_________;________■ ______ _ ______ ' _______ Page 13 of 18 (b ) unfinished business; (c ) new business, including consideration of any reports to Council; and f (d ) adjournments.. 14.2 The order of business at each Member Access Meeting shall be as follows: (a ) adoption of the agenda for the Member Access Meeting; (b ) meeting with Members as scheduled by the Council Secretary; and (c ) adjournments. 15 Decisions 15.1 Each Council Motion shall be presented or read by the mover, seconded and placed before a Council Meeting for consideration. 15.2 After a Council Motion has been placed before the Council it may only be withdrawn by consent of a Quorum of Council. 15.3 W hen a Councillor desires to speak, he or she shall address the remarks to the chairman and confine the remarks to the matter then before Council. 15.4 In the event that more than one Councillor desires to speak at one time, the chairman shall determine who is entitled to speak. 15.5 Th e chairman may call a Councillor to order while speaking and the debate is suspended until the point of order is determined. 15.6 A Councillor may speak only once on a point of order. 15.7 All points of order shall be determined by the chairman and without debate. 15.8 Every member present when a matter is put to vote shall vote unless excused by a Quorum of Council or unless the Councillor is prohibited from voting by reason of a conflict of interest. 15.9 There shall be no proxy voting. 15.10 A Councillor who refuses to vote is deemed to have voted in favour of the motion.
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COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW ' ■ ■_______ ' ______________________ ______________________ Page 14 of 18 15.11 Each Councillor present shall announce his or her vote openly and individually to the Council and, when so requested by the Councillor, the Council Secretary shall record the vote in the Council Minutes. 15.12 Any Councillor may require that the question or.Council Motion under consideration be read for his or her information at any period in the debate, but not so as to interrupt a Councillor who is speaking. 15.13 All matters shall be determined by a majority of votes and, in the event of à tie vote, the motion shall be decided pursuant to section 3.1(d). 15.14 Council Motions that were defeated can be brought forward as a new Council motion at a later Council Meeting. Part 5 M em ber A ccess Meetings 16 Registration 16.1 Any Member desiring to meet with Council or a member of Council at a Member Access Meeting may register with the Council Secretary who shall schedule access on a first come first served basis and in accordance with time allotted for the Member Access Meeting and the convenience of Council. 16.2 A Member Access Meeting may be conducted by teleconferencing at a time designated by the Council or a member of Council in advance of the Member Access Meeting. 17 Time Permitted 17.1 In default of any other time designated by the Council or a member of Council in advance of the Member Access Meeting, no Member shall be entitled to meet with Council or a member of Council for a period of more than 30 minutes. 18 Documents 18.1 Any documents which a member intends to refer to in a Member Access Meeting shall be provided to the Council Secretary not less than 24 hours in advance of the Member Access Meeting.
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW ___________________________________;__________ - ______________ Page 15 of 18 19 Decisions 19.1 Decisions on matters raised at a Member Access Meeting shall be made after the petitioner has been heard and any other necessary information has been gathered, in accordance with section 13 of this by-law. 19.2 Council shall be entitled to defer any decisions arising in a Member Access Meeting for consideration at a later Council Meeting and, in the case of any deferrals, shall advise the Member of the decision of Council in writing within 10 days of the decision having been made. For clarification, subject to the discretion of Council, the member who requested or is the subject matter of the member access meeting may or may not be present at the time the decision is made. Part 6 Portfolios and Com m ittees 20 Portfolios 20.1 The Council may create portfolios in lieu of the committee of the whole Council to deal with matters of critical concern and appoint from among its members, portfolio holders. 20.2 Portfolio holders shall be accountable to the Council for the administration of matters within their portfolio. 20.3 Portfolio holders shall report regularly in writing to Council and shall ensure that Council has all relevant information before considering any Council Motions in relation to the portfolio. 21 Committees 21.1 The Council may establish the terms of reference for any committee and_appoint those persons whom the Council deems advisable to committees to investigate, report, or make recommendations, as the case may be, on any matter under the consideration of Council. 21.2 The Chief and the affected portfolio holder shall be an ex officio members of al| committees and will be subject to the terms of reference set for the Committee by the Council.
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW Page 16 of 18 Part 7 Records 22 Council Secretary 22.1 Th e Council shall appoint a Council Secretary who shall fulfill the duties and responsibilities as set out in these by-laws subject to such terms and remuneration as may be established by the Council from time to time. 22.2 The Council Secretary shall: (a ) maintain attendant» records; . : . (b ) keep and distribute minutes of Council Meetings; (c ) organize the Council Meetings; (d ) prepare and distribute documentation and agendas; (e ) maintain files and records of Council Meetings; (f) in the case of Member Access Meetings, schedule member access; and (g) do such other things as may be assigned by the Council or as may be required for the orderly administration of Council. 23 Council Minutes 23.1 Council Minutes shall include the substance of any discussions at a Council Meeting, the motions, and the decisions taken at a Council Meeting. 23.2 The text of any minutes of the Annual General Assembly, Information Meetings, Special Meetings or Council Meetings where general observers were allowed to attend the Council Meeting, that have been adopted shall be made available to members at the Band Offices but they may not be copied or removed from the Band Offices. 23.3 Notwithstanding anything in this section, the Council may, in its absolute discretion, require that a record be taken of a Council Meeting by way of transcription or any audio or video recording device.
COUNCIL ACCOUNTABILITY AND PROCEDURES BY-LAW __________ ;__________________ ;________ ;_______ ;________ ________ Page 17 of 18 23.4 A record taken by way of transcription or any audio or video recording device is privileged and review or reproduction by members is prohibited, unless approved by a Quorum of Council. Part 8 General 24 Rules of Conduct 24.1 The Council shall at all times conduct themselves in a manner which does not bring themselves, the leadership, or the First Nation into disrespect and disrepute. 24.2 W hen conducting the business of the First Nation with other governments, businesses, orthird parties, the Council shall act in a considerate, professional, and responsible manner. 24.3 Each Member of the Council shall fully inform themselves of their duties, responsibilities, and the rules and guidelines governing their conduct. 24.4 Each member of the Council shall work cooperatively and in close consultation with other Councillors and participate in Council activities with a view to the benefit of the Membership as a whole and not in the service of individual Members or family groups. 24.5 Each member of the Council shall fully honour the promises and commitments made under oath upon taking office. 25 Supplementary Rules of Procedure 25.1 The Council may make other rules of procedure not inconsistent with this by-law. 26 Amendments 26.1 This by-law may be amended by motion of Council. 27 Coming into Force 27.1 This by-law is in force and effective as of the date it is approved and passed by a Quorum of the Council.
COUNCIL ACCOUNTABILITY MID PROCEDURES BY-LAW Page 18 of 18 A PPR O VED AND P A SSED at a duly convened Meeting qf the Council of Salt River First Nation held at Fort Smith, in the Northwest Territories, this day of -_________ . 2008. , A Quorum of the Council consists of 4 Members of Council. Chief Councillor Councillor Councillor Councillor I. ~ T ^ ___U & Q r J Chief/Councillor of the Salt River First Nation, do hereby certify that a true copy of the foregoing By-law was forwarded to the Minister of Indian Affairs and Northern Development pursuant to subsection 82(l) of the Indian Act, this 4 4 day ___ of, 2008. Chief/(̂ urrol& 4 -
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