Miawpukek First Nation Governance Code DRAFT 2015 01 13 · Miawpukek First Nation Governance Code C & C Review – January 13, 2015 and Third Draft Bylaw Committee – January 16,

Miawpukek First Nation Governance Code

C & C Review – January 13, 2015 and Third Draft Bylaw Committee – January 16, 2015 Page 1

TABLE OF CONTENTS EFFECT .............................................................................................................................................. 5 PURPOSE 1.0 Purpose ...................................................................................................................................... 5 GOVERNING STYLE 2.0 GOVERNING STYLE .............................................................................................................. 6 AUTHORITY 3.0 Authority ................................................................................................................................... 7 COUNCIL GOVERNANCE 4.0 GOVERNANCE ......................................................................................................................... 8 GENERAL COUNCIL POWERS AND RESPONSIBILITIES 5.0 - GENERAL COUNCIL POWERS AND RESPONSIBILITIES .................................... 9 CHIEF’S & VICE CHIEF’S ROLE 6.0 - CHIEF’S ROLE ..................................................................................................................... 10 6.3 - VICE CHIEF’S ROLE .......................................................................................................... 11 6.4 – COMPENSATION .............................................................................................................. 11 COUNCILS CONDUCT 7.1 CODE OF CONDUCT ............................................................................................................ 12 7.3 LOYALTY ................................................................................................................................. 12 7.5 CONFLICT OF INTEREST .................................................................................................. 12 7.6 ACCEPTING GIFTS ............................................................................................................... 12 7.7 INFLUENCE ............................................................................................................................ 13 7.8 CONFIDENTIALITY ............................................................................................................. 13 7.10 INFORMATION RECIEVED IN YOUR ROLE ............................................................ 13 7.12 IN CAMERA SESSIONS .................................................................................................... 14 7.14 COMMUNICATIONS ......................................................................................................... 14 7.15 COMMUNICATION WITH COUNCIL .......................................................................... 14 7.18 REPORTING AND ACCESS TO INFORMATION ..................................................... 15 7.24 ACCOUNTABILITY ............................................................................................................ 15 7.29 ENFORCEMENT ................................................................................................................. 17 7.30 DISCIPLINARY PROCEDURES ...................................................................................... 17 7.31 STRATEGIC PLANNING .................................................................................................. 18



FINANCE 8.0 FINANCE .................................................................................................................................. 19 CAPITAL PROJECTS 9.0 CAPITAL PROJECTS ............................................................................................................ 19 AGREEMENTS 10. AGREEMENTS ....................................................................................................................... 20 RELATIONSHIPS WITH OTHER GOVERNMENTS. 11.0 OTHER GOVERNMENTS................................................................................................. 20 PORTFOLIOS 12.0 PORTFOLIOS ....................................................................................................................... 20 12.1 ROLE OF PORTFOLIOS HOLDERS .............................................................................. 20 12.3 PORTFOLIOS ACTIVITIES.............................................................................................. 21 EXTERNAL AGENCY & ORGANIZATION REPRESNTATIVE 13.0 EXTERNALAGENCY & ORGANIZATION REPRESNTATIVE ............................. 21 13.1 MFN DEVELOPED ORGANIZATIONS ........................................................................ 22 13.4 NON MFN DEVELOPED ORGANIZATIONS ............................................................. 22 13.5 RECOGNITION .................................................................................................................... 22 DISQUALIFICATION AND REMOVAL 14.0 DISQUALIFICATION AND REMOVAL........................................................................ 22 REPLACEMENT UPON REMOVAL FROM OFFICE 15.0 REPLACEMENT UPON REMOVAL FROM OFFICE ............................................... 23 VACANCY 16.0 VACANCY .............................................................................................................................. 23 16.2 VACANCY IN THE OFFICE OF CHIEF ........................................................................ 24 COUNCIL PROCEDURES AND REGULATIONS FOR THE CONDUCT & CONTENT OF COUNCIL MEETINGS 17.0 PROCEDURES FOR MEETING OF COUNCIL ........................................................... 24 17.1 CAUCUS MEETING ............................................................................................................ 24 17.2 MEETING OF COUNCIL ................................................................................................... 24 17.3 QUORUM OF MEETINGS ................................................................................................ 25



17.4 CHAIRPERSONS ROLE .................................................................................................... 25 17.5 COUNCIL CONDUCT AT MEETINGS .......................................................................... 26 17.4 COUNCILS ADVISORS AT MEETINGS ....................................................................... 27 17.5 COUNCIL DECISONS ........................................................................................................ 27 17.6 ORDER OF BUSINESS AT REGULAR MEETINGS .................................................. 27 17.7 MINUTES OF MEETINGS ................................................................................................ 28 17.9 INCAMERA MINUTES ...................................................................................................... 28 17.10 MEMBERS ATTENDANCE & PARTICIPATION IN COUNCIL MEETINGS . 28 17.11 AGENDA OF COUNCIL MEETINGS .......................................................................... 29 17.12 ADDITIONS TO COUNCIL AGENDA ........................................................................ 29 17.13 BRIEFING NOTES ........................................................................................................... 29 17.15 ANNUAL GENERAL MEETINGS ................................................................................ 29

UNITY OF CONTROL 18.0 UNITY OF CONTROL ........................................................................................................ 29 GENERAL MANAGER & ADMINISTRATION RESPONSIBILITIES 19.0 GENERAL RESPONSIBILITIES ..................................................................................... 30 19.2 GENERAL MANAGER AND POLICIES ....................................................................... 30 19.3 OPERATIONAL PRACTICES .......................................................................................... 31 19.5 DELEGATION ...................................................................................................................... 31 19.6 STAFF POLICY DEVELOPMENT .................................................................................. 32 19.7 STAFFING ............................................................................................................................. 32 19.8 FISCAL FINANCIAL MANDATE ................................................................................... 32 19.9 FINANCIAL ACTIVITIES AND CONTROL ................................................................. 33 COUNCIL ORIENTATION & REFRESHER SESSIONS 20.0 COUNCIL ORIENTATION ............................................................................................... 34 20.2 CORE PURPOSE.................................................................................................................. 34 20.3 ORIENTATION TO MFN .................................................................................................. 34 20.4 ORIENTATION/ REFRESHER TO COUNCIL ........................................................... 34 ASSET PROTECTION 21.0 ASSET PROTECTION ....................................................................................................... 35 ESTABLISING COMMITTEES OF COUNCIL 22.0 PRINCIPLES FOR ESTABLISHING COUNCIL COMMITTEES ........................... 36



DISPUTE 23.0 DISPUTE RESOLUNTION COMMITTEE ................................................................... 37 COMPLAINTS AND DISPUTE RESOLUTION PROCEDURES 24.0 COMPLAINTS AND DISPUTE RESOLUTION PROCEDURE ............................... 37 24.2 COMPLAINTS CONCERNING COUNCIL .................................................................... 37 24.7 COMPLAINTS CONCERNING ADMINISTRATION ................................................ 38 REVISIONS TO GOVERNANCE CODE 25. REVISIONS .............................................................................................................................. 38 DEFINITIONS 26. DEFINITIONS ......................................................................................................................... 40 ENACTMENT 27. ENACTMENT ......................................................................................................................... 42 APPENDIXS APPENDIX A- CHIEF’S JOB DESCRIPTION ........................................................................ 43 APPENDIX B- CODE OF CONDUCT....................................................................................... 46 APPENDIX C- CONFLICT OF INTEREST ............................................................................. 49 APPENDIX D- BRIEFING NOTE TEMPLATE .................................................................... 52 APPENDIX E- COMMITTEE TEMPLATE ............................................................................ 53



WHEREAS Miawpukek First Nation have adopted a comprehensive Constitution June 6, 2012 to ensure good governance for Miawpukek First Nation and it Members; WHEREAS the Chief and Council of the Miawpukek First Nation wishes to establish a Governance Code to further ensure good governance practices and procedures for Miawpukek First Nation Chief and Council and administration; THEREFORE the Chief and Council of Miawpukek First Nation at a duly convened meeting resolve to adopt the following Code as our Governance Code. SECTION 1 - PURPOSE OF GOVERNANCE CODE 1.0 In conjunction with Part I, section 1.1 of Miawpukek First Nation Constitution June 2010 the purpose of this Governance Code is to maintain a harmonious and mutually beneficial relationship between Chief and Council and Miawpukek First Nation Members. 1.1 This Governance Code describes the political, functional and legal roles and responsibilities of the Chief and Council and MFN directors, managers and staff, particularly the General Manager, and defines the operational procedures to ensure and promote good governance. 1.2 Miawpukek First Nation Chief and Council desire to serve its members fairly and efficiently and desire to implement this Governance Code that establishes an effective working relationship and procedures respecting Chief and Councillors interaction and working relationship in carrying out their governance function. 1.3 By the sections contained herein, Chief and Council hereby affirm the separation of political governance and program and service administration, while acknowledging they will overlap from time to time. Chief and Council is responsible for the strategic planning and visionary leadership of Miawpukek First Nation. The day to day program and service administration is carried out by MFN directors, managers and staff under the supervision and guidance of the General Manager and must adhere to current policies, practices and procedures.



1.4 MFN has a separation of governance and administration but the two may overlap from time to time. The overlap of governance with administration takes place as part of the accountability and monitoring function of governance. In ensuring accountability and monitoring the compliance with the policies and strategic direction it has set, the governing body, Chief & Council, from time to time will overlap with the administration function of MFN. As well, in facilitating political accountably, adherence to governance laws, and in assisting Chief and Council in setting its strategic direction, policies and procedures, administration will, at times, overlap with governance. 1.5 The responsibility of Chief and Council in relation to Miawpukek First Nation owned corporations, trusts and other entities will be set out in other law, policies and corporate constitutional documents. 1.6 This Governance Code compliance will be adhered to by Chief and Council. Chief, Council, and MFN membership will ensure this Governance Code is effectively administered and upheld. SECTION 2- GOVERNING STYLE In keeping with section 6.1 of Miawpukek First Nation Constitution June 2010 2.0 The governing style of Chief and Council is to focus on leadership that will emphasize:

(a) The sustainable future of Miawpukek First Nation;

(b) A clear separation between the roles of the Council and staff and while acknowledging that these will overlap from time to time;

(c) Pro-active rather than reactive leadership;

(d) Accountability, transparency and inclusivity;

(e) Cultural and traditional integrity;

(f) Community Involvement.

2.1 In this spirit, Chief and Council will:

(a) Be accountable to Members in the performance of its duties and obligations. No Chief or Councillor, individual or Committee of Council will assume this accountability role on their own;



(b) Conduct their primary role of strategic planning and governance rather than day-to-day administrative matters;

(c) Direct, control and inspire Miawpukek First Nation by carefully studying, reviewing and establishing Council policies;

(d) Ensure attendance at any meeting or event that requires its attendance;

(e) Respect the role of community;

(f) Respect the role of the Council;

(g) Respect the role of the Chief;

(h) Speak with one voice, representing all Council members;

(i) Respect and comply with all Miawpukek First Nations laws, by-laws, codes, rules, regulations and policies;

(j) Enforce self-policing when Chief or Councillors stray from good governance and the policies contained in this Governance Code;

(k) Monitor and regularly review Chief and Council’s own process and performance.

SECTION 3 - AUTHORITY (As per Section 6.3 of Miawpukek First Nation Constitution, June 2010) 3.0 Chief and Council have the collective authority to govern Miawpukek First Nation. Unless stated otherwise in any other law or policy passed by Chief and Council, the Chief and Council will only exercise their authority as a collective governing body and not as individuals. 3.1 Chief and Council must speak with one voice and speaks in the Language of Motions. (This means that Council make decisions either by consensus or by majority vote and the decision is formally recorded in the form of a motion) 3.2 Only Chief and Council as a whole have the authority to direct the General Manager, except as noted in these and other applicable policies or laws. 3.3 Chief and Council directs actions through motions.



3.4 Chief and Council has the authority to discuss communication issues and appoint a spokesperson to interact with the public, the media or other entities on behalf of Chief and Council regarding an issue or issues that affect or may affect Miawpukek First Nation. 3.5 Chief and Council has the authority to assess performance of the General Manager or other Council staff ensuring that the performance is assessed against explicit Council policies by the official process governing such performance. 3.6 Chief and Council will respect all documents and instruments signed and approved signing authorities acting on behalf of Miawpukek First Nation, including, without limitation; Miawpukek First Nation Band Council Resolutions, contracts, purchases and payments. Council will also respect all approval procedures for such documents as established from time to time. SECTION 4 - GOVERNANCE (As per Section 6.1 of Miawpukek First Nation Constitution, June 2010) 4.0 Chief and Council’s primary responsibility is to govern as one. Chief and Council shall exercise its authority as a whole and shall speak with one, unified voice.

4.1 Chief and Council speaks in the Language of Motions. This means that Council makes decisions either by consensus or by majority vote and the decisions is formally recorded in the form of a motion.

4.2 If upon further reflection and with supporting material, a Council member is dissatisfied with a decision; the Councillor must ask the Chair to put the issue back on the agenda to be revisited next meeting.

4.3 The Chief has additional roles including the chair at meetings and the spokesperson for Council.

4.4 Individual Councillors, including the Chief, cannot make decisions on their own on behalf of the Council or on MFN’s behalf unless stated otherwise in this Governance Code.



4.5 Chief and Council’s staff are obligated to follow the direction of Chief and Council, but never obligated to follow the direction of Chief or an individual Councillor acting alone.

4.6 Without limiting the generality of the foregoing, Council will govern with an emphasis on:

(a) Community Inclusiveness; (b) Collective leadership; (c) Acknowledgement of and appreciation for, differing viewpoints; (d) Respect for the separate roles and responsibilities of Council and MFN administration; and (e) The sustainable future of Miawpukek First Nation rather than the past or present.

4.7 Chief and Council is responsible for the best interests of the Miawpukek First Nation and Membership regarding matters affecting traditional and treaty territory, inherent rights, Aboriginal rights, treaties, and MFN monies.

4.8 In maintaining its accountability to Miawpukek First Nation and the Membership, Chief and Council will abide by all legal obligations established from time to time.

SECTION 5 - GENERAL CHIEF & COUNCIL POWERS AND RESPONSIBLITIES (As per Section 6.1 of Miawpukek First Nation Constitution, June 2010) 5.0 Chief & Council’s powers and responsibility include: (a) Make and approve laws, bylaws, regulations, rules, codes, directives,

guidelines or other authorizations, standards, declarations, notices, requirements and directions.

(b) Allocate or administer MFN funds on behalf of and in the best interests of Miawpukek First Nation and the Members.

(c) Call and conduct MFN community meetings. (d) Call and hold referendums (e) Approve policies and objectives and ensure they are carried out by MFN

directors, managers and staff under the supervision and guidance of the General Manager.

(f) Approve new MFN programs and services.



(g) Grant interests in MFN’s land. (h) Negotiate with the Crown or its designate concerning Aboriginal title,

traditional territory and Treaty implementation (i) Communicate with the General Manager, MFN directors, managers and

staff in accordance with these policies and other applicable MFN policies or laws.

(j) Appoint and dismiss the General Manager with just cause, according to the procedures described in the Personnel Policy Manual or contractual agreement if applicable.

(k) Approve rules governing Chief and Council’s own procedure. (l) Support the day to day program and service administration carried out

by MFN directors, managers and staff under the supervision and direction of the General Manager.

(m) Support the General Manager in decisions made in accordance with this and other MFN policies and laws.

(n) Establish Committees and its terms of reference. (o) Establish complaints and appeals procedures. (p) Establish an independent body to resolve disputes. (q) If there is a conflict between Council members and quorum decides the

issue, the other member must be informed of the decision. (r) Appoint representation to external agencies and organizations (s) Appoint a proxy Councillor to attend political assemblies in the absence

of the Chief’s ability to attend said function (t) Provide a monitoring and oversight role to ensure there are checks and

balances and accountability in administrative decisions. SECTION 6 CHIEF’S ROLE 6.0 The Chief is responsible for providing leadership to the Council and ensuring the integrity of Council’s internal processes is preserved such that Council behaves consistently with its own rules and those rules legitimately imposed upon it by Persons having jurisdiction. 6.1 Accordingly, the Chief:

(a) Is the first among equals and holds the authority of Council to act in good faith of Council in exercising decision making regarding matters which require immediate attention, emergency situations and special circumstances affecting Miawpukek First Nation.



(b) Will report to Council as soon as possible following his/her decision making process.

(c) Acts as the chief executive officer of MFN ((See Appendix A) (d) Speak on behalf of the Council or delegates this authority. (e) Represents MFN at ceremonial and other special functions or

delegates this authority. (f) Is the lead on inter-governmental affairs issues and may delegate

this role to another member of Council or to a suitable staff person (g) Chairs the Council meetings and ensures that the meetings are

conducted in an orderly and business-like manner and decides all questions of procedure.

(h) Ensures all meetings and deliberations involving Council and members will be fair, open, thorough, and orderly and allocated the appropriate amount of time keeping in mind the other matters before Council. If the Chief is unable to carry out these responsibilities, he/she shall relinquish the chair to the vice-Chief.

(i) Shall ensure that meeting content will be limited to those issues that, according to Council policy, clearly fall exclusively within Council’s jurisdiction and not the General Managers.

(j) Is an ex-officio member of all committees of Council. The Chief will not be considered a voting member of a committee.

(k) Will attend Chief’s assemblies, Atlantic Policy Congress meetings and other bodies where the Chief is the official representative of Miawpukek First Nation.

(l) The Chief has authority to identify a proxy in absence of Council being able to establish quorum to appoint a proxy. May delegate to another Councillor any of his/her roles and responsibilities.

6.3 VICE CHIEF’S ROLE 6.3 The Vice-Chief is the Councillor with the most electoral votes of all

Councillors. Should the Councillor with the most votes decline, it will descend to the next counsellor with most votes and so forward.

6.3(b) The Vice-Chief shall assist the Chief when requested to do so, and in the absence of the Chief with his delegation, shall have the same powers and responsibilities possessed by the Chief.



6.4 COMPENSATION (As per Section 9.4 of Miawpukek First Nation Constitution, June 2010)

6.4 (a) The Chief and Vice-Chief shall receive reasonable compensation for their services as determined by Council. 6.4(b) The Councillors shall receive reasonable compensation for their services as determined by Council. COUNCILS CONDUCT SECTION 7 - CODE OF CONDUCT In keeping with section 6.4 of Miawpukek First Nation Constitution June 2010 7.0 Chief and Councillors are expected to conduct themselves in an ethical, legal and professional manner. This expectation includes proper use of authority and appropriate group and individual behaviour at all times. 7.1 Chief and Council will adhere to MFN’s Code of Conduct policy. (See Appendix B) 7.2 LOYALTY (As per Section 6.1(a) of Miawpukek First Nation, June 2010) 7.2 The Chief and Council’s ultimate loyalty is to the Members and to Miawpukek First Nation. 7.3 This loyalty supersedes the personal interest of any Chief or Councillor acting as an individual user of Miawpukek First Nation programs and services. 7.4 There is no tolerance of defamatory, inflammatory or otherwise false statements made by Council or a Chief or Councillor about Miawpukek First Nation’s public image or credibility, particular in ways that would hinder Miawpukek First Nation’s accomplishment of its strategic goals.

7.5 CONFLICT OF INTEREST (As per Section 8.1 of Miawpukek First Nation Constitution, June 2010) Chief, Council, Committee members, the General Manager, Directors, managers and staff shall comply with the conflict of interest rules of Miawpukek First Nation as established. (See Appendix C) 7.6 ACCEPTING GIFTS (As per Section 8.6 of Miawpukek First Nation Constitution, June 2010) A Chief or Councillor will not, directly or indirectly, accept a fee, gift or personal benefit that is connected with the Chief or Councillor’s performance



of his/her duties unless the gift or personal benefit is a result of protocol, in which case it will be disclosed, or in authorized compensation. 7.7 INFLUENCE (As per Section 8.9 of Miawpukek First Nation Constitution, June 2010) 7.7 A Chief or Councillor must not use his/her position to attempt to influence in any way a decision or other action to be made or taken at a meeting or by the staff, if the Chief or Councillor has a personal or financial interest in the matter to which the decision or action relates. A Chief or Councillor must not use his/her position to attempt to influence in any way a decision or action to be made or taken by any Person, if the Chief or Councillor has a personal or financial interest in the matter to which the decision or action relates.

7.8 CONFIDENTIALITY (As per Section 8.7 of Miawpukek First Nation Constitution, June 2010) 7.8 No Chief or Councillor will use or divulge any personal information acquired as a result of his/her role as Chief or Councillor for his/her own benefit or advantage or for the benefit or advantage of any other Person. 7.9 No Chief or Councillor, Committee member or staff (including the General Manager) will divulge any personal or other otherwise confidential information that is acquired as a result of his/her office or position role and must be kept confidential in the best interests of Miawpukek First Nation as determined by Chief and Council, acting reasonably necessary to ensure that any such information is kept confidential. 7.10 Information received in your role as a Council Member 7.10 Inside Information: Councilors must never use information they received as a result of their position as a member of Council for their own personal benefit. 7.11 Confidentiality: when it is in the best interest of MFN to keep information confidential, no Council member, staff member or any other person present may disclose any information deemed to be confidential including the minutes, records or proceedings of any “in camera” Council or committee meeting.



7.12 In-Camera Sessions 7.12 In camera Sessions (closed to the public) are used to provide an opportunity for Chief and Council to discuss particularly sensitive matters within the jurisdiction of the government. 7.13. Matters that will generally be dealt with in an in-camera session include,

but are not limited to: (a) Human resources issues including disciplining individuals; (b)Matters related to civil or criminal court proceedings; (c)Personal health information related to a child / an individual.

7.14 The minutes, records or proceedings of any in camera council meeting or Committee meeting will be kept in confidence in accordance with this Governance Code by every Chief or Councillor, Committee member, the General Manager, staff or other person(s) invited or permitted to attend the meeting.

7.15 COMMUNICATIONS 7.15 Chief and Council communications will be guided by the following principles:

(a) Deal with all Persons in a fair, responsible and ethical manner and with honest, respectful communication.

(b) Maintain close communications with the Membership regarding Miawpukek First Nation policies, programs and services – the official spokesperson for Council in this regard being the Chief, except where another Councillor or staff person of Council is authorized under these polices to act in such a role.

7.16 Communication with Council

7.16 When providing advice to Council, the General Manager, MFN directors, managers and staff shall ensure that Council is not misinformed or uninformed. 7.17 The General Manager, MFN directors, managers and staff shall advise Council of:

(a) Relevant socio-economic trends; (b) Significant changes to intergovernmental relationships;



(c) Significant changes to assumptions upon which Council policy was established and the implication these changes have for MFN. (d) Record of past decisions, practices and Chief and Council precedents.

7.18 The General Manager will submit the required monitoring reports in a timely, accurate and understandable way.

7.19 The General Manager will periodically gather points of view, issues and opinions from internal and external sources needed to fully assess the situation.

7.20 MFN Legal Council will provide Council with legal advice and opinion pertaining to Council Agenda items that have legal implications or the potential for legal implications.

7.21 REPORTING AND ACCESS TO INFORMATION (As per Section 9.5 of Miawpukek First Nation Constitution, June 2010) 7.21 Council will report, on an annual basis or with such greater frequency as may be reasonable required, to the Membership on Miawpukek First Nation’s financial statements and Miawpukek First Nation administered programs and services. 7.22 Subject to these polices, Council shall permit Members access, at all reasonable times, to the non-confidential minutes of Council meetings; MFN laws, by-laws and resolutions, MFN’s annual budget, monthly financial statements, audit reports and MFN’s administrative policies. 7.23 Personal information about Members will not be disclosed to any Person except in accordance with Miawpukek First Nation’s privacy laws and policies and, in the absence thereof, generally accepted privacy principles. 7.24 ACCOUNTABLITY (As per Section 6.1© of Miawpukek First Nation Constitution, June 2010) 7.24 Chief and Councillors must carry out their duties in good faith and with diligence, care and skill.



7.25 Chief and Council must be accountable to the membership to carry out its obligations established by the Miawpukek First Nation Constitution, June 2010 and defined in our Purpose and as such Council will:

(a) Be accountable to the members by communicating and consulting with Community groups and individuals in order to determine how Council should define its goals and measure its achievements.

(b) Make every effort to reach informed decisions which further the best interests of MFN in accordance with the purpose, values and outcomes identified by Council;

(c) In accordance with Governance Code, direct, oversee and where necessary discipline the General Manager in order to ensure the goals of MFN are met.

(d) Never allow any Councillor, committee of Council or an individual to take over Councils role;

(e) Never abdicate their position of accountability for all actions of the government and its administration.

7.26 Chief and Council must act in their role as governors, providing long-term direction and guidance and maintaining a focus on the political needs of Miawpukek First Nation.

7.27 Show leadership and inspire loyalty from staff by establishing policies based on sound research and due diligence that are intended to further the goals of Miawpukek First Nation.

7.28 Enforce discipline on members of Council when required according to

the disciplinary procedures set out this Governance Code, the, following shall be cause for discipline: (a) Attendance at all regularly scheduled Council meetings is

important; A member of Council, who misses a regularly scheduled Council meeting without a valid reason will be subject to discipline.

(b) Respect for the Governing Body: members of Council will treat each other with respect and dignity at all times. To maintain appropriate decorum, Council will not tolerate intoxication, rudeness, swearing or personal attacks during Council meetings. Councilors who fail to act in a respectful manner will be subject to discipline.



(c) Respect for the office of Governing Body: Councillors understand that they are official representatives of Miawpukek First Nation and as such will undertake to represent MFN with respect and dignity. Councilors who act in a manner that disgraces the office of Council or brings into question the integrity of that office will be subject to discipline. When Council makes a decision all members of Council will respect the decision outside the Council chambers regardless of how the Councilor voted in the session.

(e) Respect for the role of Chief: the constitution has designated the Chief as the lead spokesperson and official representative of the Miawpukek First Nation.

(f) Council shall respect this role and avoid speaking out on behalf of MFN unless officially delegated by council. The Chief shall act in a manner which preserves the respect and dignity of the office and Miawpukek First Nation.

(i) Any member of Council who speaks on behalf of MFN without the authorization of Council may be subject to discipline. (ii) If the Chief acts in a way which brings disrespect to MFN or brings into question the integrity of the office of Chief he or she will be subject to discipline.

(g) Achieving good governance: Council shall make every effort to ensure compliance with the principles of good governance. This includes reminding Councilors when they are acting contrary to these principles and enforcing agreed upon disciplinary measures.

7.29 ENFORCEMENT (As per Section 4.3(e) of Miawpukek First Nation

Constitution, June 2010) 7.30 Chief and Council has the authority to make and enforce its own rules

and penalties for Chief and Councillors who are found negligent in carrying out or failing to carry out their duties or are otherwise in contravention with these policies.

7.30 DISCIPLINARY PROCEDURES Any activity by a Councillor, including the Chief, which is subject to discipline, shall be treated as follows: 1. First Reprimand Following the first offence, Chief or the Council member will receive a reprimand in the form of a motion by Council at a duly convened meeting. The



Council member will attend the meetings but refrain from discussion on any business on Council Agenda. 2. Second Reprimand Following the second offence the Chief or the Council member will be suspended for one month, by the decision of a quorum of Council. This means no receipt of honarium or salary for their role as government member where applicable. 3. Final Reprimand In the event of a third offense, a decision by a quorum of Council will lead to one of the following sanctions: (1) A recommendation that the Council member resign. 7.31 STRATEGIC PLANNING 7.31 Chief and Council recognize the importance of strategic planning to the future of the Miawpukek First Nation. Accordingly, Chief and Council will undertake the following:

(a) Establish and review Miawpukek First Nation’s vision, comprehensive community plan, long and short term goals, objectives, policies, laws, bylaws, regulation and procedures related to MFN administrative programs and services and ensure that they are followed and implemented.

(b) Define specific priorities in alignment with the comprehensive community plan for MFN’s programs and departments in cooperation with program supervisors and Committees where applicable and revise where appropriate.

(c) Establish a strategic planning process that engages community member and has their approval and support. Community input will improve the strategic plan and will ensure that it has community support at implementation time. Effective communication is a key factor in developing that support. Strategic planning clearly demonstrates to community members that their input is both welcome and valued.

7.32 Chief and Council will ensure all programs and services within its jurisdiction are being effectively administered, and that related policy guidelines, objectives, laws and regulations are followed.



7.33 Chief and Council will undertake a comprehensive, annual evaluation and review of Miawpukek First Nation programs and staff roles and responsibilities.

7.34 Chief and Council will regularly review and approve and, where necessary, revise MFN’s comprehensive community plan.

7.35 Chief and Council will develop a communication strategy and stakeholder engagement strategy that will serve to solicit membership feedback and meaningful input into its planning and development processes including but not limited to: strategic plan, community plan, policies and procedure, and bylaw development, to keep the Membership involved in Council’s decisions.

7.36 Chief and Council will meet with the community at least once annually to discuss the comprehensive community plan and priorities within it.

7.37 Chief and Council will ensure that external organizations who are carrying out a function on behalf of Miawpukek First Nation will perform that function in the best interests of MFN and report regularly.

SECTION 8 FINANCE 8.1 Chief and Council are responsible for Miawpukek First Nation’s finances.

8.2 Chief and Council’s responsibilities include the following: (a) Negotiate funding arrangements with Indian and Northern Affairs

Canada or its successor and other government departments, and other sources of funding for matters that fall within the First Nation’s jurisdiction, and for which the Council has assumed responsibility.

(b) Be fully accountable to the Membership and to the First Nation’s funding agents and establish such policies that may be necessary to ensure financial accountability.

(c) Appoint an auditor on an annual basis to audit the finances of the First Nations.

(d) All cheques issued and banking transactions on the First Nation’s account will require the signature of no less than two Council authorized signing/signatories authorities.



SECTION 9 CAPITAL PROJECTS 9.1 Chief and Council shall:

(a) Approve and review the capital plan for the MFN; (b) Approve any new capital or infrastructure projects of the First

Nation; (c) Negotiate and approve any service and taxation agreements with

other governments.

SECTION 10 AGREEMENTS 10.1 Chief and Council shall affect all contracts and agreements to which

MFN is a party to be carried out according to their terms. 10.2 All contracts, agreements, documents or any instruments requiring

execution on behalf of Miawpukek First Nation will be signed by a band council resolution. (BCR) Council may, from time to time, authorize the Administrator or other staff to be signatories on behalf of the First Nation.

SECTION 11 OTHER GOVERNMENTS 11.1 Chief and Council shall subject to these policies, liaise with all levels of

government and government agencies and departments on all matters affecting Miawpukek First Nation.

11.2 Chief and Council shall represent Miawpukek First Nation’s interests and the concerns of its members at meetings and conferences and report back to the Membership including but not limited to key issues and concerns raised at these meetings and conferences.

11.3 Chief and Council has the discretion to delegate authority to designated

bodies at the regional, provincial and national level, to speak on behalf of MFN on matters pertaining to Miawpukek First Nation’s interests.

SECTION 12 PORTFOLIOS 12.1 Chief and Council may establish portfolios whereby an individual Chief

or Councillor will be delegated specific responsibilities in a specific area of Council’s jurisdiction. Portfolios will be established at the beginning of each Council term as soon as possible, but may be established throughout the Council term as needed.



12.2 Role of Portfolio Holders 12.2 Portfolio holders are advisors to Chief and Council of their portfolio area

and will be considered knowledgeable to Council in their given portfolio policy area. The advice of the portfolio holder will assist Council in their decision making process.

12.3 Portfolio Holder Activity 12.3 Portfolio holders will:

(a) May attend meetings/conferences/functions and assemblies specific to their portfolio area as determined by Chief and Council

(b) Portfolio holder shall brief Council on the activities within their portfolio on a regular basis;

© Provide written reports of issues effecting Miawpukek First Nation

(c) Liaise and network with individuals/organizations within their portfolio policy area as requested by Chief and Council

(d) Propose new and amendments to existing laws, bylaws and policy to the Council within their portfolio policy area

(e) Research MFN’s existing laws, bylaws and policies within their portfolio area

(f) Advocate for Miawpukek First Nation’s issues within their portfolio area

(g) Caucus meetings will be used as a forum for information sharing regarding portfolios;

(h) Portfolio holders being advised of other community concerns in other portfolios will advise the relevant portfolio holder as soon as reasonably possible.

12.4 Chief and Council will determine the required portfolios and make

additions and deletions as necessary.

12.5 The following is a list of Council portfolio areas for consideration: 1. Capital, Lands and Environment

2. Public Works

3. Health & Social

5. Governance & Culture and Language

6. Finance

7. Education



8. Justice

9. Natural Resources / MAMKA / NFL SECTION 13 EXTERNAL AGENCIES AND ORGANIZATION REPRESENTATION 13.0 A distinction exists between representation on organizations that have been developed in whole or in part by Miawpukek First Nation and with non-First Nation developed organizations who voluntarily invite the participation of Miawpukek First Nation 13.1 Miawpukek First Nation Developed Organizations: 13.1 Chief and Council may appoint the Chief or Councillors to represent Miawpukek First Nation’s interest on external agencies, entities or organization’s governance structures. The appointed Chief or Councillor’s ultimate loyalty in this regard is consistent with this Code. 13.2 In accordance with the articles stated in this Code, the Chief or Councillor appointed to an external representation position will:

(a) Submit meeting reports to the Council of each meeting attended on behalf of Miawpukek First Nation

(b) Provide the Council Secretary with a copy of the organization’s latest minutes for file as requested by Council

(c) Ensure Council has access to the organization’s founding and corporate documents

(d) Consider Miawpukek First Nation best interest in all decision making matter

(e) Must disclose any honorarium or gifts received from the organization to the Council Secretary.

(f) Council Secretary can confirm with the organization all travel, rates, and fees with representation

13.3 Non-First Nation developed Organizations: 13.3 In accordance with the articles stated in this Code, the Chief or Councillor appointed to an external representation position will

(a) Advocate for Miawpukek First Nation best interest

(b) Ensure a positive relationship exists between Miawpukek First Nation and the organization



(c) Ensure Council has access to the organization’s founding and corporate documents

(d) Must disclose any honorarium or gifts received from the organization to the Council Secretary.

(e) Council Secretary can confirm with the organization all travel, rates, and fees with representation

13.4 RECOGNITION 13.4 Chief & Council will ensure that proper and consistent recognition is provided to Members, community groups, entities and other government and MFN bodies when those parties contribute to the overall wellbeing of Miawpukek First Nation. SECTION 14 DISQUALIFICATIONS AND REMOVAL (As per Section 6.4 of Miawpukek First Nation Constitution, June 2010) 14.0 A Chief or Councillor is disqualified or reprimanded from holding his/her office and will immediately relinquish his/her position as Chief or Councillor, if the Chief or Councillor:

(a) Is absent from 3 consecutive Council meetings without prior authorization;

(b) Contravenes applicable conflict of interest rules; (c) Accepts gifts in contravention of this Governance Code (d) Uses his/her influence in contravention of this Governance Code (e) Uses confidential information for his/her or other benefit in

contravention of this Governance Code (f) Is convicted of an indictable offence (g) s/he dies or resigns; (h) if s/he is found to be a mentally incompetent person or becomes

of unsound mind; (i) Breaches of this Code.

14.1 A Chief or Councillor may be reprimanded/ disqualified if he/she becomes aware that a Chief or Councillor is acting or has acted in a manner that constitutes grounds for disqualifications under this Governance Code and he/she fails to notify Council of such actions within as soon as reasonably possible.



14.2 If it appears that a Chief or Councillor is disqualified/ reprimanded under this Governance Code and is continuing to act in his/her capacity as a Chief or Councillor, in addition to all available remedies, any Member may file a complaint under this Governance Code.

14.3 If a Chief or Councillor is disqualified / reprimanded under this Code he/she will be ineligible to run for Chief or Council in the next election. (Need Community to determine this)

SECTION 15 REPLACEMENTS UPON REMOVAL FROM OFFICE 15.0 In the event that the Chief or another Councillor is removed from office pursuant to this Code, Council shall call an election to replace that Chief or Councillor as per MFN’s Election Code 1989. If quorum of Council is diminished pursuant to this Governance Code an election must be called to re-establish quorum. SECTION 16 VACANCIES 16.0 Where there is a vacancy or vacancies on Council, the remaining Chief and Councillors may continue to exercise all the powers of Council until a new Councillor is elected, so long as a quorum of Council remains in office. 16.1 VACANCY IN THE OFFICE OF CHIEF 16.1 Where a vacancy of the Chief’s position occurs, the Vice Chief will

assume the role of Chief. The Council shall call an election to replace that Chief as per MFN’s Election Code 1989.

SECTION 17 – COUNCIL PROCEDURES FOR CONDUCT AND CONTENT OF COUNCIL MEETINGS 17.0 Council shall conduct its meetings in accordance with the procedures in

this Governance Code and any other applicable Miawpukek First Nations laws and policies.

17.1 CAUCUS MEETING

17.1 Chief and Council may have Caucus meeting before regularly Council

Meetings. (Caucus is a private meeting of MFN government leaders

before a general Council meeting).



b) Caucus meeting shall be used to plan coherent strategy, allow

brainstorming, and provide portfolio updates.

(f) No decisions will be made at Caucus meetings.

17.2 MEETINGS OF THE COUNCIL (a) Council will meet on reserve on a regular basis and no less than

once per month to conduct its business.

(b) Council will hold its first meeting within the month immediately following an election.

(c) Each Chief or Councillor will receive adequate notice in writing of the date, time and location of all council meetings and other meetings which Council is expected to attend.

(d) Chief or Councillors may call an emergency meeting of the Council to discuss important matter concerning issues which cannot wait until the Councils next regular meeting.

(e) Chief and Councillor will attend all MFN Council meetings that are called by the Council and follow all approved meeting procedures.

(f) No Chief or Councillor shall be absent for three consecutive duly convened meetings without being so authorized by Chief and Council.

(g) If a Chief or Councillor is absent for three consecutive duly convened meetings without authorization, they will be disqualified and removed from their Council office.

17.3 QUORUM 17.3 Quorum for Council meetings is a majority of Council

173(b) If quorum is not present with 20 minutes of the time appointed for the meeting, the names of the member(s) present will be recorded and the council will adjourn all matters until the next meeting. Those Councillors present will receive a full meeting honorarium for their attendance.

17.4 CHAIRPERSON’s ROLE

17.4 The Chairperson shall facilitate, encourage, focus and clarify and have an understanding of the issues and topics being discussed and keenly listen to the discussions. Effective chairing will ensure that a meeting achieves its aims and objectives.



The Chairperson will: (a) Present the Agenda item (b) Ensure that all members have an equal opportunity to express their

point of view; (c) Encourage all members to take equal responsibility for the meeting

proceeding smoothly; (d) Being able to prevent discussions wandering, prevent those without

anything new to add repeating the same point, being able to move on when a point is discussed as far as possible;

(e) Show respect for the views and actions of others (f) Be able to sum-up the points made in discussions. (g) If discussions are side-tracked, take appropriate action to get back on

track. (h) Summarise key points afterwards if lengthy. (i) Keep the meeting focussed, on time and encourage equal

participation and contribution; (j) Ensure that all the key points are agreed and minuted and actions

assigned to individuals where appropriate with the proposed time-frame and feedback required.

(k) Ensure unresolved items or non-agenda items raised during the meeting are parked for later attention and it is agreed how they will be followed-up, eg agenda item for next meeting, sub-group to address outside of meeting etc

The Chairperson will lead the meeting so that all those involved can make useful contributions and unhelpful digressions and arguments are discouraged.

The Chairperson will start the meeting on time. 17.5 COUNCILS CONDUCT AT MEETINGS

(a) Treat members with respect both, during the meeting and outside of the meeting.

(b) Be prompt in arriving to the meeting and in returning from breaks. (c) Turn cell phones off or to vibrate. (d) If you must take urgent calls on the cell phone, take your

conversation outside. (e) Respect the opening ceremony/sweet grass/ opening prayer (f) Talk one at a time, waiting to be recognized by the Chairperson.



(g) Limit side conversations. (h) Be patient when listening to others speak and do not interrupt them. (i) Members need to stay on the topic being discussed. (j) When a topic or agenda item has been discussed fully, do not bring

the same subject back up. (k) Don't discuss personal issues during the meeting, except when it is

about the subject being discussed by the Council. (l) Don't make threats or rude comments to any members in

attendance. (m) Address any concerns about the discussion or the meeting with the

Chairperson. It is the Chairperson's job to bring the meeting to order. (n) If members feel they cannot talk about issues or concerns during the

meeting, they can talk to Chairperson about their issues. (o) Be respectful of other people's ideas or situations when they talk. Try

not to judge them or point fingers. 17.6 COUNCILS ADVISORS AT MEETINGS

The General Manager, Director of Finance and Band Lawyer may attend Chief and Council meetings where required. They can provide non-binding but informed guidance and provide valuable information that may assist in informing Chief and Council’s governance decisions.

17.7 CHIEF & COUNCIL DECISIONS

(a) Chief & Council’s decisions will be effective upon a duly passed MFN Council Motion.

(b) Chief & Council may make decisions by Council Motion that are stated effective immediately.

(c ) All decisions to be made by Council must be decided by a majority of the Councillors present.

(d) All Councillors present shall vote unless they are excluded due to a conflict of interest.

(e) On every vote taken, Councillors shall announce their vote individually and openly and it will be recorded in the minutes.

(f) All Councillors abstaining from a motion or voting against a motion will be recorded in the minutes.

17.8 ORDER OF BUSINESS AT REGULAR MEETINGS

The order of business at Council meetings shall be:



(a) Opening Ceremony ( Sweetgrass / Prayer )

(b) Presentations from individual MFN members or groups;

(c) Reading, correcting and adopting the minutes of the previous meeting;

(d) Unfinished business from the previous meeting;

(e) General Manager’s update

(f) Presentation and reading of correspondence;

(g) Presentations and consideration of reports and petitions;

(h) New business;

(i) In-Camera meeting (if called upon by Council)

(j) Adjournment

17.9 MINUTES 17.9 Council will retain minutes of all Council and General Meetings. Council

shall appoint the Council Secretary to take the minutes at each such meeting.

(a) The minutes of Council and General Meetings will be made available to Membership following their adoption at the next regular meeting. Council will provide copies of minutes to Members.

(b) Personal information about MFN members will not be disclosed in accordance with generally accepted protection of privacy measures unless otherwise approved by Council.

17.10 IN CAMERA MINUTES Council must file the minutes of In Camera meetings in a secure file cabinet within the MFN administration offices. In Camera parts of the Council meeting will not be inserted in the public minutes taken. These minutes are closed to the public unless and until such matter, as determined by Council. Minutes of Council meetings held in camera will not be disclosed to Members. Descriptions of in-camera discussions will be published for the public record without disclosing private or sensitive information.



17.11 MEMBERS ATTENDACE AND PARTICIPATION IN COUNCIL MEETINGS

(a) Council will provide one week’s notice of Council and General Meetings to Membership.

(b) If there is a change to date & time to meeting, Council Secretary will advise all participants having an agenda item of the change.

(c) Except for meetings held in camera and discussions that deal with personal information or that the Council considers confidential or is otherwise protected under generally accepted privacy law, regular Council meetings are open to all Members.

(d) No Member will be excluded or removed from Council or General Meeting except for conduct deemed disruptive by Council or if an In Camera session is called.

(e) Unless otherwise authorized or invited by Council, only those Members who are directly affected by an item on the agenda may participate in Council discussion during Council and committee meetings.

(f) Council will not vote to adopt a law at a meeting that is closed to the public.

17.12 AGENDA (a) The Council Secretary, in consultation with Chief, Vice Chief, General Manager and Legal Council will prepare an agenda for each meeting.

(b) The agenda lists the order of items to be discussed

(c ) The agenda, minutes of the previous meeting and background information will be distributed in a practical amount of time to ensure all Chief and Councillors have an opportunity to properly prepare for the meeting.

17.13 ADDITIONS TO AGENDA 17.13 Proposed additions to meetings agendas will be dealt with as follows:

(a) Upon achieving quorum and opening the meeting, the Chief or designated chairperson will poll each Councillor present for any additions to the agenda. Councillors must then voice their addition to the agenda at that time.

(b) Council may decide to agree to add an item for discussion at any point in the meeting under extraordinary circumstance.



17.14 BRIEFING NOTES

17.14 The Chief or Chair shall introduce each agenda item. Each agenda item will be introduced through a briefing note prepared by the relevant director and reviewed by General Manager, which is a concise representation of the facts and financials regarding an issue. (APPENDIX D TEMPLATE)

17.15 ANNUAL GENERAL MEETINGS

17.15 Chief and Council will hold a general meeting for the purpose of giving the membership a report on the governments activities and finances. It will also provide allow time for members to ask questions.

17.15 (b) The procedures for regular Chief and Council meetings will apply.

SECTION 18 UNITY OF CONTROL 18.0 Only decisions of Chief and Council acting as one and are motioned are binding on the General Manager, MFN directors, managers and staff.

18.1 Accordingly:

(a) Decisions or instructions of individual Chief or Councillors or Committees are not binding on the General Manager, except in rare situations when Chief and Council specifically authorizes the exercise of such authority by Council motion or the Chief’s exercise of authority as stated in this Governance Code or other policies and laws of Miawpukek First Nation.

(b) All requests for information must be made in writing. Personal information about Miawpukek First Nation members will not be disclosed except in accordance with Miawpukek First Nation’s privacy laws and policies and, in the absence of which, generally accepted protection of privacy measures.

(c) Chief and Council will view the General Manager’s performance as identical to the performance of MFN’s administration office. Therefore the accomplishment of Chief and Council’s stated goals will be reviewed as the success of the General Manager’s performance.

(d) With respect to the treatment of paid and volunteer staff, Chief, Council and the General Manager, Directors, Managers and staff will operate within the guidelines of Miawpukek First Nation Personnel Policy Manual.



SECTION 19 GENERAL MANAGER’S & ADMINISTRATION RESPONSIBILITIES GENERALLY

19.0 The MFN directors, managers and staff under the supervision and guidance of the General Manager shall, subject to Miawpukek First Nation laws and practices, be responsible for the day-to-day operations of MFN office including:

(a) The implementation of Miawpukek First Nation laws, policies, programs and services.

(b) Hiring and managing staff.

(c) All other responsibilities specified or delegated by Chief and Council.

19.1 GENERAL MANAGER & ADMINISTRATION AND POLICIES 19.1 Chief and Council will instruct the General Manager, MFN directors, managers and staff through written policies that describe the goals to be achieved and situations and actions to be avoided. The MFN directors, managers and staff under the supervision and direction of the General Manager will interpret these policies in a prudent, ethical and reasonable manner consistent with Miawpukek First Nations vision, values and strategic plan. Therefore:

(a) The MFN directors, managers and staff under the supervision and direction of the General Manager will take all actions and develop all activities that are consistent with Chief and Council’s governance policies.

(b) Chief and Council will respect the General Manager’s choices and decisions if a policy is absent, provided that the General Manager acts in accordance with this Governance Code.

(c) When a policy is absent, it must be developed as soon as possible.

(d) Through motion, Chief and Council may rescind areas of the General Manager’s authority at any time.

(e) The General Manager, by reporting contraventions to Chief and Council, guarantees that no contravention is intentionally kept from Council or a Committee.

(f) The General Manager will also report contraventions of policy to the Council as part of his or her normal reporting.

(g) Chief and Council may discipline the General Manager appropriately for contravention of policy.



(h) The General Manager may delegate his/her responsibilities with the consent of Chief and Council.

19.2 OPERATIONAL PRACTICES 19.2 When performing their duties, the MFN directors, managers and staff under the supervision and guidance of the General Manager will not engage in, cause or allow any practice, activity, decision or organization situation which is unlawful, imprudent, violates the commonly accepted business and professional ethics of MFN or adversely impacts the reputation of MFN. 19.3 The MFN directors, managers and staff under the supervision and guidance of the General Manager will not use or divulge to any person information acquired as a result of his/her role as General Manager, directors, managers and staff for his/her own benefits or advantage or for the benefit or advantage of any Person. 19.4 DELEGATION 19.4 While Chief and Council is ultimately accountable for the performance of Miawpukek First Nation, it must, to the greatest extent possible, be free from involvement in the day-to-day administrative operations of Miawpukek First Nation. Council therefore supports the principle of delegation to the General Manager, MFN directors, managers and staff. 19.5 STAFF POLICY DEVELOPMENT 19.5 To promote the utmost performance, Chief and Council hereby delegates staff policy development to the General Manager. These policies must guide the General Manager, Directors, managers and staff. Within the limits of these policies, the General Manager, directors, managers and staff may not operate without:

(a) Administrative policies and procedures that ensure operational and administrative efficiency and consistency;

(b) Publishing such procedures and making them appropriately available to all staff.

(c) A procedure that limits conflicts of interest to ensure openness, equal opportunity, and equal access to otherwise “inside” information.



19.6 STAFFING 19.6 The MFN directors, managers and staff under the supervision and

guidance of the General Manager will be responsible for: (a) Defining and ratifying staff job descriptions and responsibilities.

(b) Determining compensation of staff by establishing a scale of salaries for specific classes of work based on the appropriate budget.

(c) Ensuring the staff code of ethics is upheld.

(d) Ensuring that all staff complies with Miawpukek First Nation’s personnel policy.

19.7 FISCAL FINANCIAL MANDATE 19.7 With respect to planning financial matters, the Director of Finance, will not depart from Council’s stated strategic goals or jeopardize the fiscal standard of Council. Thus, the Director of Finance will:

(a) Ensure accounting and reporting systems that are consistent with generally accepted accounting principles (GAAP).

(b) Plan the expenditures in any fiscal year to balance with the operating funds that are conservatively projected to be received in that period.

(c) Produce a budget which contains sufficient information to facilitate:

(d) A reasonable accurate projection of revenues and expenses.

- A reliable cash flow projection.

- Subsequent audit trails

- Planning assumptions.

(i) Maintain current liquid assets to a level required to meet Miawpukek First Nation’s current liabilities.

19.8 FINANCIAL ACTIVITIES AND CONTROL 19.8 The Director of Finance will oversee Miawpukek First Nation’s finances in a sound, responsible and prudent manner to limit risk to Miawpukek First Nation and ensure the proper allocation of funds. 19.9 Therefore, the Director of Finance will:

(a) Only commit or expend funds that have been provided for in a duly approved budget with prior approval from Council;



(b) Ensure Miawpukek First Nation’s liabilities do not exceed the levels provided for in a duly approved budget;

(c) Seek Council authorization for the use of any long term serves without;

(d) Settle payrolls and debts quickly;

(e) Make all payments or other government payments or filing on time unless otherwise authorized by Council;

(f) Seek Council authorization for single purchases or financial commitments if it is not contained in the annual budget; Any and all deficits are come to come to Chief & Council as soon as reasonable possible;

(g) Seek Council authority before acquiring, encumbering, selling, transferring or otherwise disposing of assets and real property;

(h) Aggressively pursue Miawpukek First Nation receivables as per other Miawpukek First Nation policies or laws.

SECTION 20 COUNCIL ORIENTATIONS / REFRESHER

20.0 Upon completion of MFN Election, an initial orientation should be done before the first Council meeting. It will cover the below information, and the past or incumbent Chief (as the case maybe) will review the Council information while the General Manager, directors, managers and staff will provide information about the operation of Miawpukek First Nation administration. 20.1 Outgoing Chief or Councillors will act honestly and in the best interests of the MFN for the purpose of assisting the new Council in the orientation process and to facilitate the transition between Councils and Chief or Councillors. 20.2 CORE PURPOSE 20.2 The purpose of orientation/refresher is to acquaint each Chief and Councillor with Miawpukek First Nation, the Council, and the obligations and responsibilities of the individual Chief and Councillor. Orientation/ Refresher will be an ongoing process. 20.3 ORIENTATION TO MIAWPUKEK FIRST NATION 20.3 Orientation to the First Nation will include the following:



(a) The broad general scope of Miawpukek First Nation, including Council’s purpose, vision, values, history, programs and services of the Council.

(b) A review of all of Miawpukek First Nation’s laws, bylaws and policies in effect

(c) The roles and responsibilities, relationships, and structure of all levels of Miawpukek First Nation operation including Chief and Council.

(d) An overview presentation of the comprehensive community plan (e) An overview of Miawpukek First Nation’s budget (f) An overview presentation of each of Miawpukek First Nation

departments’ strategic work plans (g) Miawpukek First Nation intergovernmental agreements (h) Miawpukek First Nation and servicing agreements

20.4 ORIENTATION / REFRESHER TO THE COUNCIL 20.4 Orientation of the Council will be done before or at the first meeting of new Chief and Councillors. A discussion of relevant topics will help re-orient incumbent Chief and Councillors and introduce new Chief and Councillors to the operation, roles and responsibilities of Council. Supporting information will be distributed at this meeting together with the Governance Code. 20.5 Orientation will focus on these areas:

(a) The importance of the Council and its contribution to meeting the needs of Miawpukek First Nation and the members.

(b) Good governance practices (c) Accountability and transparency (d) The link between Government and administration (e) A review of the Governance Code, the Financial Accountability Policy,

and the MFN’s Conflict of Interest Rules, and any other policies that Council declares subject to this Code.

(f) Council’s relationship with other organizations, groups and government.

(g) To assist in the orientation process, outgoing portfolio holders will ensure that current briefing notes, meeting summaries and reports are up to date concerning their portfolio and properly filed and maintained by the General Manager, directors, managers and staff.



SECTION 21 ASSET PROTECTION 21.0 Miawpukek First Nation’s assets must be properly cared for, including property, equipment, membership lists, and computerized data. The General Manager, Directors, managers and staff is responsible for adequately maintaining the assets and protecting them from unnecessary risks. 21.1 To this end the General Manager, directors, managers and staff will:

(a) Cause all equipment to be adequately maintained, reasonable wear and tear excepted;

(b) Make purchases with consideration of a balance between cost and long-term quality.

(c) Not knowingly place information and files at risk of loss or significant damage.

(d) Arrange for all risks insurance coverage for Miawpukek First Nation’s property in an amount not less than full replacement value.

SECTION 22 GENERAL PRINCIPLES FOR ESTABLISHING COUNCIL COMMITTEES 22.0 Chief and Council will create Committees for specific and time-limited purposes with terms of reference established in accordance with Appendix E to this Code. Chief and Council will complete a terms of reference for Committees that are in existence at the time of this Governance Code’s initial date of execution.

22.1 Council will review all Committees at least annually to decide whether they should continue or be dissolved. Committee serving no useful purpose should be dissolved.

22.2 Council committees shall be created to help council do its job. Committees commonly help council by preparing policy alternatives and implications for council deliberation.

22.3 Council committees do not speak or act for Council. Council must carefully define the committees’ terms of reference so as not to conflict with the responsibilities delegated to the General Manager, MFN directors, managers and staff.



22.4 Council shall sit as non-voting, ex-officio members of each committee.

22.5 Council committees must not exercise authority over Miawpukek First Nation Administration or staff.

22.6 Staff persons tasks associated with any committee must be clearly outlined in the committee’s terms of reference.

22.7 A staff person’s amount of time dedication must not exceed that which is outlined in the committee’s terms of reference.

22.8 The General Manager or his/her delegate must authorize all staff involvement with a committee.

22.9 Chief and Council will determine the functions of committees established including those to develop policy and those established for regulatory or operation purposes.

22.10 The names of Council committees should be obvious, based on their form and function.

SECTION 23 DISPUTE RESOLUTION COMMITTEE 23.1 The Dispute Resolution Committee is hereby established with the terms of reference identified in Appendix D of this Governance Code. 23.2 The Dispute Resolution Committee shall have the following responsibilities and powers once selected:

(a) Act as a formal resolution body to Chief and Council when called upon by Council.

(b) Provide a dispute resolution process for Miawpukek First Nation Chief & Council

23.3 The Dispute Resolution Committee referred to in this Code do not have the authority to hear human rights complaints as per the Canadian Human Rights Act.



SECTION 24 COMPLAINTS AND DISPUTE RESOLUTION PROCEDURES 24.0 COMPLAINTS CONCERNING COUNCIL Any member who evidence that Council or an individual Chief or Councillor are not following the policies contained in this Governance Code and any other policies, laws and bylaws of Miawpukek First Nation can direct his or her concerns in writing to the General Manager, Chief or Council. 24.1 The General Manager will report the complaint to Council for consideration and Chief and Council will respond to the complainant within 15 days. 24.2 If the Member is unsatisfied following the response of Council, s/he may direct his/her reasons and concerns in writing Council and Council can determine to initiate a Dispute Resolution Committee for consideration and the Dispute Resolution Committee will respond within 20 days with its’ decision. 24.4 The Dispute Resolution Committee will follow rules of procedure as developed and accepted by the Council as amended from time to time and determined on a balance of probabilities. 24.5 If the Member is unsatisfied following the response of the Dispute Resolution Committee, s/he may direct his/her reasons and concerns in writing (and in person if s/he so requests) to the Supreme Court of Newfoundland Labrador for consideration and the will follow their due process. The Supreme Court of Newfoundland Labrador is the final court for appeal and redress concerning Miawpukek First Nation. 24.6 COMPLAINTS CONCERNING ADMINISTRATION 24.6 Any member who believes that the General Manager, directors, managers or other staff are not following the policies contained in this Governance Code and any other policies, laws and bylaws of Miawpukek First Nation can direct his or her concerns in writing to the appropriate departmental director for consideration and the departmental director will respond to the complainant within 15 days.

24.7 If the Member is unsatisfied following the response of the departmental director, s/he may direct his/her reasons and concerns in writing to the



General Manger for consideration and General Manager will respond with maximum 15 days. 24.8 If the Member is unsatisfied following the response of the General Manager, s/he may direct his/her reasons and concerns in writing to the Council for consideration and Council will respond with 15 days. 24.10 Chief and Council are the final level of decision making. Decisions of Chief and Council are binding.

SECTION 25 REVISIONS AND AMENDMENTS 25.0 From time to time, this Governance Code may require revision. Chief and Council will review these Code on an annual basis and revise as necessary. Policy revisions may arise from the implementation of this Governance Code and may therefore in some cases may be administratively driven by nature. 25.1 Proposing an amendment to this Governance Code Chiefs and/or Councillors may propose an amendment to this Governance Code by way of a written policy analysis and proposal which must include:

(a) Identification of section(s) to be amended

(b) Title of amendment

(c) Statement of issues with the current and effective section (dated)

(d) Research findings summary – explanation of what best practices exist in this section area in other jurisdictions

(e) Alternative wording to the current section (can be one or more alternatives) with factual impacts of each alternative

(f) Recommendation to Chief and Council for Code amendment

25.2 Policy issues with this Governance Code may arise from time to time either through implementation at Chief and Council level or operationally at the administrative level. In such a case, the General Manager, Directors, managers and staff or any Chief or Councillor may flag the issue in Council. Chief and Council may then deliberate as to whether or not a policy analysis is to be completed.



SECTION 26 DEFINITIONS In this code, “Adhoc Committee” means a committee of Miawpukek First Nation approved by Council that will serve a specific term within the current Council’s term “Band Lawyer” means MFN legal counsel provides, but not limited to, legal advice, drafts legal documents, provides legal negotiations, reviews contracts and any court proceedings such as lawsuits, and will provide Council with legal advice and opinion on issues/situations that have legal implications or the potential for legal implications. “Chief” means the Chief of Miawpukek First Nation; “Committee” means a committee of Miawpukek First Nation approved by Council and includes associations, non-corporate boards, Standing Committees and Adhoc Committees; “Council” means the elected Councillors of Miawpukek First Nation; “Councillor” means a member of the Council of Miawpukek First Nation “Council Secretary” – means the person who prepares full minutes of Chief

and Council meetings, portfolio meetings and annual general assemblies. The

Council Secretary also maintains the official minutes of Chief and Council

meetings, though copies are also provided to the Chief’s Office.

“Directors” are responsible for ‘directing’ the growth and productivity of a department through innovation. “Elder” means a Miawpukek First Nation member over the age of sixty five years of age who is a respected Elder in the Community; A spiritual Elder has no age limit but must be recognized by MFN community as an individual who both promotes and practices language, culture, traditions. “General Manager” is the executive officer to Miawpukek First Nation government and carries out the instructions of Chief and Council. The General Manager is the senior administrative officer in charge of day-to-day operations.



“In Camera” means a session of Council which is private to the members of Council and whomever they wish to include in the session. The purpose of an In Camera session is to protect the privacy of an individual or individuals, business transactions or other issues deemed private by Council. In Camera session minutes are recorded on a private record and are stored separate from the public record in a secure place. “Miawpukek First Nation” referred to herein at MFN “Manager” is responsible for ensuring processes are executed in accordance with established policies. “Member” means a person who is an elector as per MFN Election Act 1989 that appears on the Miawpukek First Nation band membership list; “Standing Committee” means a committee of Miawpukek First Nation approved by Council that will serve a term concurrent with the term of the current Council.



SECTION 27 ENACTMENT

27.0 Ratified by the Electors of the Miawpukek First Nation this _____ day in

the month of _____________ 2015

Signed into Law on behalf of the Miawpukek First Nation this _______ day of the

month of _______________ year of 2015.

Chief Dated

Vice-Chief Dated

Councillor Dated

Councillor Dated

Councillor Dated

Councillor Dated

Councillor Dated



APPENDIX A-

CHIEF’S JOB DESCRIPTION

Miawpukek First Nation

Job Description

(May 26, 2003)

Position: Elected Saqamaw of Miawpukek First Nation

1. General Duties: The Saqamaw of Miawpukek First Nation, after being elected and

sworn in by the Traditional Saqamaw of Newfoundland and the community, as head and

chairperson of Saqamaw & Council, is responsible for the overall operations of

Miawpukek First Nation, and has the following general duties:

a. Political head of Miawpukek First Nation.

b. Chief Executive Officer (CEO) of Miawpukek First Nation.

c. Preserver and protector of the Mi’kmaq culture of Miawpukek First Nation

people.

2. Specific Duties: In addition to the above general duties, the Saqamaw performs the

following specific duties:

As Political Head of Miawpukek First Nation

a. Acts as official spokesperson, for Miawpukek First Nation for internal and

external matters;

b. Official representative of Miawpukek First Nation for all external matters and

agencies and without limiting the generality of the forgoing, including Canada

and all of its departments (Aboriginal Affairs & Northern Development, Indian

Oil and Gas Canada, etc), the Province(s) in which Miawpukek First Nation hold

lands, Cities and Municipalities which have dealings with Miawpukek First

Nation, other First Nations, other countries, the Grand Council that provides

services to the First Nation, Atlantic Policy Congress and the Assembly of First

Nations;

c. Discusses, negotiates and deals with governments, authorities, other agencies and

corporations in relation to Mi’kmaq rights, interests, claims and other matters to

the extent authorized by the Saqamaw and Council and/or membership in

Assembly;

d. Assist Council in establishing the specific portfolios and assist Council in

appointing a Portfolio Chairperson;

e. Oversees the portfolio system to ensure portfolio holders perform their designated

portfolio functions and take corrective action as directed by Saqamaw & Council;

f. Ex officio member of each portfolio and associated committees;

g. Ensures portfolio holders provide reports to Saqamaw & Council upon request;

h. Call Council meetings and General Band meetings ;



i. Chairs or delegates the Vice Chief as Chair for Council and/or general Band

meetings.

j. Assumes the duties and obligations of the position of Chief as defined under the

Election Act 1989 and Miawpukek First Nation Constitution.

k. Is a positive role model for the Miawpukek First Nation community.

l. To subscribe to, and become a member of, and co-operate with, other

organizations and governments whose objectives are altogether, or in part, similar

to those of Miawpukek First Nation Government.

m. Ensure that Council as a collective carry out the following general

responsibilities:

i. Compliance with all laws, codes and policies of Miawpukek First Nation;

ii. Program planning and budgeting for the provision of services and the

management of Miawpukek First Nation assets;

iii. Implementation of best financial management procedures, practices,

accountability requirements and tools;

iv. Administer programs according to program requirements and budgets;

v. Take corrective action to avoid deficits;

vi. Maintain and respect the separation of the political from the administrative

aspects of Miawpukek First Nation to the extent possible;

vii. Follow the provisions contained in the Policies and Procedures Manual;

viii. Adhere to Code of Ethics;

ix. Take all reasonable action for the best interest of Miawpukek First Nation

with the objective of good and lawful government.

As the Chief Executive Officer of Miawpukek First nation

a. Is the immediate Supervisor to the General Manager and instructs the General

Manager or Directors as required and as per collective decisions of Saqamaw and

Council;

b. Employer contact person for the General Manager;

c. Acts as the liaison between Administration and Council;

d. Complies with laws, policies and procedures established by Miawpukek First

Nation;

e. Complies with the Code of Ethics contained in the Policies and Procedures

Manual;

f. Adheres to the Code of Conduct as contained in the Policies and Procedures

Manual;

g. Ensures Miawpukek First Nation organization complies with the Policy and

Procedures Manual;

h. Encourages and fosters a team spirit within Miawpukek First Nation;

i. Carry out programs for the advancement of education, training and opportunity

among the Mi’kmaq people of Miawpukek First Nation as per the direction of

Saqamaw & Council and/or membership in Assembly.

j. Establish and maintain funds to provide legal guidance for the protection of

Legal, Constitutional and Aboriginal Rights of the Mi’kmaq people of

Miawpukek.



k. Carry out programs and/or projects necessary for the purpose of assisting

Mi’kmaq people in improving living standards in Miawpukek as per the direction

of Saqamaw & Council and/or membership in Assembly;

As the Preserver and Protector of the Mi’kmaq Culture of

Miawpukek First Nation people:

n. To preserve, protect, teach and follow the culture and traditions of the Mi’kmaq

people of Miawpukek;

o. To foster, promote, protect and assist in preserving the way of life, values and

traditions of the Mi’kmaq people of Miawpukek.



APPENDIX B CODE OF CONDUCT

Purpose: MFN expects staff to adhere to a high standard of conduct to

maintain a professional work environment and create a positive work

environment for all.

Scope: All classification of employees including elected officials.

CONDUCT NOT CONDONED BY MIAWPUKEK FIRST NATION

Condescending and disrespectful conduct to community members, clients,

fellow employees, or management will not be tolerated. Miawpukek First

Nation expects your support in ensuring that our work environment is

positive, productive and motivating for others.

Adherence to the policies and procedures, approved by Saqamaw and Council

and which are expressed in the workplace, is also mandatory. If you have any

questions regarding a policy, speak to your immediate supervisor for

clarification.

The following are some examples of inappropriate behavior, but the list is not

exhaustive:

• Absence from work without proper authorization.

• Abuse of Band property.

• Insubordination towards management, refusal to comply with

instructions or failure to perform reasonable duties that is

assigned.

• Sexually, verbally, physically or mentally harassing any person

associated with the band organization.

• Threatening, intimidating, coercing, using abusive or vulgar

language, or interfering with the performance of other employees.

• Disclosing personal confidential information to unauthorized

persons.

• Falsifying data or results.

• Falsifying employment application, timesheet, or other records.



• Unauthorized possession or use of Band property or property

belonging to another employee.

• Gambling (with the exception of fund raising activities), carrying

weapons or explosives, or violating criminal laws in the band

businesses.

• Fighting, horseplay, practical jokes, or other disorderly conduct.

• Engaging in acts of dishonesty, fraud, theft, or sabotage.

• Malicious damage to or neglect of client or Band samples or

equipment.

• Performance which, in the Band’s opinion, does not meet the

requirements of the position.

• Violation of company safety rules

• Negligence in observing the fire prevention rules, such as smoking

in non-smoking areas.

• Use of or being under the influence of alcoholic beverages,

inhalants, illegal drugs or other intoxicants at any time on Band

premises or while conducting Band business is not permitted.

• Disrespect of the customs and beliefs of other.

• False statements (libel or slander) against fellow employees.

CONDUCT OUTSIDE OF WORK HOURS OR WHEN AN EMPLOYEE IS LAID

OFF

When any of the above behaviors are questioned because of “after work” or

while “laid off” incidents and it detrimentally affects one or more of the

following, the employee will be subject to discipline:

• MFNs reputation.

• Renders the employee unable to properly discharge his or her

employment obligations.

• Causes other employees to refuse or be reluctant to work with

that person.

• Inhibits the employer’s ability to efficiently manage and direct the

production process.



• Any disturbance at any of MFN’s offices or business units will not

be tolerated and the person or persons causing the disturbance

will be reported to the RCMP. MFN will support the laying of

charges for causing a disturbance in cases where the facts give

rise to such a charge. For clarity this policy is stating that loud

voice, cursing and swearing and banging things are actions that

amount to causing a disturbance.

LIBEL AND/OR SLANDER AGAINST MFN OFFICIALS OR EMPLOYEES

Persons making/publishing false allegations against MFN elected officials or

staff will be held accountable for such statements. For clarity this policy is

stating that in serious cases of false statement such as the allegation of fraud

or theft legal action for libel/slander will be launched.

FACEBOOK AND SOCIAL MEDIA CONDUCT

MFN Employees’ personal social networking sites will not reflect any negative

or unprofessional responses or comments regarding a person’s employment,

work environment or work related issues.

Employees are to not respond to any complaints or criticism against MFN or

its departments posted on Facebook or any other social networking site. MFN

and its departments shall respond only to complaints and/or criticism that

have been submitted directly to MFN and/or its departments in writing.

Failure to follow the Band’s Code of Conduct will result in disciplinary action

up to and including termination.

PROCEDURE FOR COMPLAINT:

If complaint about an employee is made from inside or outside the

organization, it must be in writing and must include details of whom, when

and where. The employee’s immediate supervisor will review this complaint

and action will be taken as per the discretion of the supervisor. This action

may include a sit down meeting with all parties. The General Manager and the

person with whom the complaint is laid must have copies of all

correspondence for accountability purposes



APPENDIX C- CONFLICT OF INTEREST

Purpose: To protect any and all MFN employees from real or perceived conflict.

Scope: All MFN employees and elected officials.

Policy:

No employee will directly or indirectly maintain an outside business or financial

interest or engage in any outside business or financial interest/activity, which

conflicts in a real or perceived manner with the employees/elected officials

responsibilities and duties with the Miawpukek Band. As well, no employee will

directly or indirectly maintain an outside business or financial interest or engage

in any outside business or financial interest/activity, which conflicts in a real or

perceived manner with or adversely affects the business interest of the

Miawpukek Band.

Disclosure:

All Band employees and elected officials must disclose any intended or current

business or financial interest to the conflict of interest committee for application

of the guidelines presented herein.

All Band employees and elected officials planning or intending to partake directly

or indirectly in an outside business or financial interest must disclose such intent

to the conflict of interest committee.

Procedure:

The conflict of interest committee shall review the intended interest a per the

following:

1. The conflict of interest committee shall first determine if the intended business or financial interest as disclosed presents a real or perceived conflict of interest in relation to either:

A. Conflicting with employee/elected official’s duties and responsibilities with the Miawpukek Band or



B. Conflicting with a business unit and activity of the Miawpukek Band or

C. Both A and B 2. If the conflict is real and not perceived the conflict of interest committee

shall recommend to Chief and Council that the individual either divest of the business or financial activity or resigns his/her position.

3. If the conflict is perceived and not real the conflict of interest committee shall recommend to Chief and Council that the individual be allowed to continue the business or financial activity without the need to resign his/her position with the Miawpukek Band.

4. If intended business or financial activity resulted from knowledge and insight gained through the employees employment with the Miawpukek Band or through the elected officials position with the Miawpukek Band then before the above procedure (i.e. 1-3) can apply, the Miawpukek Band must be given first right of refusal in determining if the business or financial interest is something that the Miawpukek Band will pursue.

Adoption of Further Guidelines & Procedures:

1. The Miawpukek Band’s conflict of interest committee shall adopt such guidelines and procedures that will assist in affecting this section of Miawpukek’s personnel policy. Such guidelines and procedures shall be approved by Chief and Council and will form part of the aforementioned conflict of interest guidelines.

2. The Miawpukek Band’s conflict of interest committee shall maintain a list of

all outside business and or business interests owned ad/or affiliated with band employees and elected officials.

Conflict of Interest Committee: 1. A Miawpukek Band Conflict of Interest Committee shall be comprised of 4-6

individuals that have training in the area of conflict of interest. More specifically the 4-6 individuals shall be comprised of:

A. One individual from CRHSS B. One individual from St. Anne’s School



C. One individual from Miawpukek Band’s administration office D. 1-3 band members from the general reserve membership

2. The conflict of interest committee shall administer and apply the band’s

conflict of interest policy with respect to all band departments and elected officials.

3. The conflict of interest committee shall maintain proper documentation and

filing of all conflict of interest issues matters relating to employees and elected officials.

4. The conflict of interest committee shall make available for public record the

nature of disclosed business interest only if the nature of the business and their findings with regards to whether or not there is a conflict. All other information regarding the business interest that have been disclosed to the board on helping them determine if the employee/elected official is in conflict shall be kept confidential.

5. Once a business or other interest is disclosed the conflict of interest

committee shall review the interest and within 30 days determine if a conflict of interest situation exists. The employee/elected official shall be notified of the committee’s findings.

6. The Miawpukek General Manager shall be informed of the findings and shall

apply the committee’s recommendations as part of the day-to-day management of the band.



APPENDIX D - BRIEFING NOTE TEMPLATE

Issue (also Topic, Purpose): A concise statement of the issue, proposal or problem. This section should explain in one or two lines why the BN matters to the reader. It sets out in the form of a question or a statement what the rest of the note is about.

Legal Instruments: Relevant applicable section of MFN’s Constitution; applicable bylaw, and / or policy the BN is based.

Background: The details the reader needs in order to understand what follows (how a situation arose, previous decisions/problems, actions leading up to the current situation). Typically this section gives a brief summary of the history of the topic and other background information. What led up to this problem or issue? How has it evolved? Do not repeat information that you're including in the Current Status section.

Current Status: Describes only the current situation, who is involved, what is happening now, the current state of the matter, issue, situation, etc.

Key Considerations: A summary of important facts, considerations, developments and financials—everything that needs to be considered now. While you will have to decide what to include and what to leave out, this section should be as unbiased as possible. Your aim is to present all the details required for the reader to be informed or to make an informed decision. Keep the reader's needs uppermost in your mind when selecting and presenting the facts. Remember to substantiate any statements with evidence and to double check your facts. Additional details may be attached as appendices.

Options (also Next Steps, Comments): Basically, observations about the key considerations and what they mean; a concise description either of the options and sometimes their pros and cons or of what will happen next.

Conclusion and/or Recommendations: Conclusions summarize what you want your reader to infer from the BN. Many readers jump immediately to this section, so be sure it covers the points you most want your reader to be clear about. Do not introduce anything new in the Conclusion. If you are including a recommendations section, it should offer the best and most sound advice you can offer. Make sure the recommendation is clear, direct and substantiated by the facts you have put forward.



APPENDIX E- TERMS OF REFERENCE FOR DEVELOPING COMMITTEES 1. Name and Type

What type of Committee/Board is this (i.e. advisory, Ad Hoc, Standing, Steering, Decision Making, etc.)

What will this committee/Board be called?

Give a general overview of how and why the Committee/Board was established.

2. General Purpose and Mandate:

Authority given to the Committee/Board by Council to carry out specific tasks on its’ behalf.

A statement that the Committee/Board will be provided with copies of the First Nation Mission Statement, bylaws, program and policy manuals as reference materials. This will ensure the Committee/Board is oriented to the same goals as the empowering body.

From whom does the committee/board receive its authority?

Generally, what is the Committee/board expected to achieve on the empowering body’s behalf?

How much freedom does the Committee/Board have?

What is the term of the Committee/Board?

3. Key Duties and Responsibilities:

What are the objectives of the Committee/Board?

What are its powers and limitations?

What are the specific tasks of the Committee/Board?

How will it work towards accomplishing these tasks?

What is the Committee/Board’s role in relation to the empowering body (i.e. where does it fit in on an organization chart)?

4. Appointments and Composition:



How are members selected or removed?

How long do members serve?

Will there be alternate members and if so, how will they be identified?

What is expected of members in the way of experience, ability, knowledge, etc?

How the chairperson identified and how long does he/she serve?

5. Meetings:

How often are meetings held?

How are meetings scheduled?

A requirement that all agendas be provided to Committee members and Council in advance.

Who organizes and notifies other members of meetings?

Who takes the minutes?

Can community members attend some, all or none of the meetings?

How is this communicated?

6. Resources:

(p) Financial What funds are allocated to the Committee/Board?

What is the purpose of these funds (technical assistance)?

Are there restrictions on expenditures?

Are approvals for expenditures necessary?

Are there timing considerations?

(q) Staff

Which staff will work with this Committee/Board?

How much staff time is allocated to the work of the Committee/Board?

What restrictions apply?

How does the Committee/Board obtain additional time?



7. Specific Annual Objectives:

What are the specific annual objectives that the Standing Committee or Board needs to accomplish?

8. Reports and Targets Dates:

To whom does this Committee/Board report? How often? What elements must the report contain? Does the whole group report, or just the Chairperson? Must the Committee/Board seek approval from the empowering body

before they act, or do they report after the fact? 9. Review and Evaluation process:

How will Committee/Board be evaluated? What will be the mark of success? Who will evaluate? Who will initiate the evaluation process? Do the Terms of Reference require adjustment for the next

term/period? What is necessary before adjustments can be made to the Terms of

Reference? 10. Approval and Review Date:

How much time should elapse before the empowering body reviews and approves the continuation of this Committee/Board?

When will the empowering body make a commitment to review and approve the continuation of the Committee/Board again?

All terms of Reference shall be dated.

Documents

Miawpukek First Nation Governance Code DRAFT 2015 01 13 · Miawpukek First Nation Governance Code C & C Review – January 13, 2015 and Third Draft Bylaw Committee – January 16,