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First Nation Elections??

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silverback81

Junior Member
What is the name of your state? Sorry, not from any state, I'm up north of the border in Canada. But, I'm hoping that someone might still be able to help. As the title states, I live on reserve. We just recently had our elections selecting a new Chief and Council. Almost every First Nation has their own election codes, including ours. In our first Chief and Council meeting, a group came forward with an issue that's been in our community for years and years. Our Band Administrator (probably the most powerful person on a FN) also sits on Council. The problem with this is, the Chief and Council pretty much serves as a board for the Administrator. So, what the group is claiming is that it's a conflict of interest. Why have a Council that reports to the Administrator if the Administrator sits on the Council? In alot of FN election codes, it states that no staff member can sit on Council. Ours does not. There is nothing in the code that states anything relating to staff members being on Council. The group that came in proposed that we have a referendum on the issue. Give the community members a chance to vote if the Administrator should also sit on Council. The problem is, before we move forward with it, is there legal issues the Admin. can pursue if the referendum goes through in favour of the Admin. being taken off of Council? We are hoping that it wouldn't come to that seeing as a Councillor, you represent your community, so why would you take legal actions against your own community? But to be safe, we want to cover all the angles. I think that's pretty much it. Any help would be appreciated. I know its a little vague without posting our actual election code, but I know for a fact, that there's nothing in it that opposes this matter. If you have any other questions, feel free to ask. Thanks.
 


HomeGuru

Senior Member
silverback81 said:
What is the name of your state? Sorry, not from any state, I'm up north of the border in Canada. But, I'm hoping that someone might still be able to help. As the title states, I live on reserve. We just recently had our elections selecting a new Chief and Council. Almost every First Nation has their own election codes, including ours. In our first Chief and Council meeting, a group came forward with an issue that's been in our community for years and years. Our Band Administrator (probably the most powerful person on a FN) also sits on Council. The problem with this is, the Chief and Council pretty much serves as a board for the Administrator. So, what the group is claiming is that it's a conflict of interest. Why have a Council that reports to the Administrator if the Administrator sits on the Council? In alot of FN election codes, it states that no staff member can sit on Council. Ours does not. There is nothing in the code that states anything relating to staff members being on Council. The group that came in proposed that we have a referendum on the issue. Give the community members a chance to vote if the Administrator should also sit on Council. The problem is, before we move forward with it, is there legal issues the Admin. can pursue if the referendum goes through in favour of the Admin. being taken off of Council? We are hoping that it wouldn't come to that seeing as a Councillor, you represent your community, so why would you take legal actions against your own community? But to be safe, we want to cover all the angles. I think that's pretty much it. Any help would be appreciated. I know its a little vague without posting our actual election code, but I know for a fact, that there's nothing in it that opposes this matter. If you have any other questions, feel free to ask. Thanks.

**A: sorry, this site is not for Canadian law. US only.
 

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