Code of Conduct and Complaints Policy
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Revised in August 2005
The mission of the Odanak
Band Council consists of ensuring the representation
of the members of the Abenaki Community of Odanak and
favouring the preservation of their identity, culture
and quality of life.
To do this, the Council seeks to provide top-quality
services to youths, elders and the whole Community,
to the extent allowed by band resources.
1. Purpose of the Policy ▲
The purpose of the present policy is to establish
a code of conduct to which the Odanak Band Council
members and staff must refer for the administration
of band affairs.
2. Objectives Pursued by the Band Council ▲
-
Favour transparency, justice
and efficiency in the Band Council administration.
- Avoid
favouritism in the administration of band affairs.
- Define
the fundamental rules of behaviour required of staff
member or elected representatives.
- Determine
the procedure to be followed in the event that a
staff member or elected representative is found
in a conflict of interest situation.
- Establish
the complaints procedure.
3. Code of Conduct ▲
Management integrity
presumes that administrators are honest and
incorruptible. Just
management implies that the administrators give fair
treatment to all community members. Finally,
efficient management
means that, in all situations, administrators produce
maximum results with a minimum of effort.
A way to achieve these imperatives of integrity,
justice and efficiency in the exercise of one’s
duties consists of referring to a code of conduct
containing certain number of rules of fundamental
behaviour. One can say that the bottom line of
this code of conduct is contained in the following
sentence: Do not place
yourself
in an awkward situation,
meaning a situation that is hard to justify if
revealed.
More explicitly, the code of conduct required of the
public administrator is defined in three rules of
fundamental behaviour, which can usually guarantee
the absence of conflict of interest situations or
even allow one to adequately manage such situations,
should they occur. The three rules of fundamental
behaviour are defined as follows:
In the exercise of his*
duties, the staff member or elected representative
must:
a)
Adopt a professional, responsible and constructive
attitude.
For Band Council members, this first rule of
behaviour is found in the statement of the “Role and
Responsibilities of the Band Council”. As for
the staff, it found in the documents entitled “Staff
Management Policy” and “Job Description “.
b) Act with caution, honesty, loyalty, impartiality, effectiveness and courtesy.
The second rule of behaviour is mainly established by the management policies in force for each program and any other policy adopted by the Band Council.
c) Avoid the acquisition of personal benefits as a direct or indirect result of one’s duties and also ensure respect of the public interest in each Band Council decision.
The third rule of behaviour, which is directly
related to the notion of conflict of interest, is
dealt with in the following paragraphs.
4. Notion of
Conflict of Interest ▲
Conflict of interest
exists in any situation presenting a risk where
personal interest prevails over the collective
interest and such situations compromise the
independence and the impartiality required for the
exercise of a duty. This situation can be real,
apparent or potential. The risk of this
occurring is sufficient, since it can affect the
credibility and integrity of the Band Council.
Examples of conflict of
interest situations
-
A staff member or elected representative finds
himself in a conflict of interest situation when he
makes the decision of allocating a service contract,
without a call for tenders, to a company partly or
entirely belonging to him.
- A staff member or elected representative finds himself in a conflict of interest situation if he names a member of his immediate family to a Band Council position, without this person having to comply with a selection competition. Note that the description of the immediate family is limited, for the present policy, to the spouse of the staff member or elected representative, his child and his spouse’s child, his brother, sister, father and mother. This last example indicates how a conflict of interest can exist even if the consequences of the interested act are not prejudicial to the public interest.
However, conflict of interest situations cannot be entirely eliminated, especially in a small community like Odanak, where a staff member or elected representative will frequently have to process the file of an immediate family member. In addition, the latter are entitled to have access to services and be considered on the same equal footing as other community members. Therefore, they must not be subject to exceptional measures that put them at an advantage or disadvantage. The policy must allow for the fair treatment of these cases while strengthening the public trust, meaning its conviction that the government has management integrity.
Obviously it is impossible to exactly describe all
possible conflict of interest situations.
However, it is generally agreed that the following
situations or behaviour must be avoided:
-
Using one’s decision-making position to obtain
benefits for oneself or for an immediate family
member.
-
Using Band Council property for personal purposes.
-
Accepting goods or services from a person or
organization outside the Band Council.
-
Using inside information for personal purposes.
5. Procedures in the event of conflict of interest ▲
5.1 Current conflict of interest situations
A conflict of interest situation does not
necessarily represent a problem situation. It often
occurs that a staff member or elected representative
of a public organization finds himself confronted
with a conflict of interest situation.
When a conflict of interest
situation occurs, the staff member or elected
representative must have the vigilance of declare, to
his peers (for an
elected representative) or to his superiors
(for a staff member), the existence of such a
situation.
When the conflict of
interest situation was declared, the staff member or
elected representative must then allow a free
discussion on the subject, in order to make a fair
and official decision. The objective is to
prevent the conflict of interest situation from being
prejudicial to Band Council interests, along with the
interests of the staff member or elected
representative.
Three rules must be respected for the purpose of
preventing and solving current conflict of interest
situations:
a)
Declarer to his superior or to the Band Council, the
existence of a real, apparent or potential conflict
of interest situation.
b)
Never decide alone, when the situation affects a
staff member, elected representative or immediate
family member.
c)
For an employee, the decision must be formulated in
writing and signed by the director general. For
an elected representative, the former must not
participate in the discussion leading to a Band
Council decision.
When there is a breach on the part of a staff member, disciplinary measures vary according to the severity of the action, ranging from a simple warning to a dismissal, can be imposed by the Band Council.
When there is a breach on the part of an elected
representative, the latter is subject to a formal
warning from the Band Council. Should the situation
reoccur, the Band Council can decide to revoke his
responsibilities. The Band Council can also choose to
deal with the issue during a public meeting.
5.2
Prohibited conflict of interest situations
Conflict of interest situations involving
fraud and bribes are prohibited and
liable to litigation, in compliance with the
effective laws on this matter. Dismissal of the
employee applies to a prohibited conflict of interest
situation.
6. Application
of the code of conduct ▲
The present policy seeks to favour the achievement
of honest, just and effective management. Moreover,
each individual, member and employee of the Band
Council has this primary responsibility; to ensure
that they do not find themselves in a real, apparent
or potential conflict of interest situation that is
unmanaged.
Band Council
Responsibilities
-
The Band Council must ensure the enforcement of the
present policy and raise the problems related to
conflicts of interests when they occur.
- The Band
Council must decide, by means of a resolution, on the
actions to be taken in unmanaged conflict of interest
situations and the disciplinary measures to be taken
when the policy is not respected.
- The Band
Council must process, by means of a resolution, all
cases where the present policy was breached; this
applies to breaches in current conflict of interest
situations and in prohibited conflict of interest
situations.
Recourse for community
members
After attentively reading the present policy, any
community member registered on the band list, can
raise a conflict of interest situation where he feels
that the procedure was not respected. The
complaint must be addressed in writing to the Chief.
The plaintiff must explain the conflict of interest
situation and the alleged breach.
Two Band Council members, accompanied if necessary by
the director general, meet with the plaintiff in
order to exchange their points of view on the subject
of the complaint. Following the meeting with
the plaintiff, the complaint is submitted to and
discussed at the Band Council during a working
meeting. Should the complaint prove to be justified,
the measures set out in the present policy will be
enforced. An official letter, stating the official
decision rendered by the Band Council, must be
addressed to the plaintiff.
7. Complaints Policy ▲
7.1 Background
The Odanak Band
Council is in charge of the administrative and
financial management of the services and programs for
the band members. With the exception of the Community
Health Program, which is subject to an agreement with
Health Canada, and the Local First Nations Commission
(LFNC), all other services and programs are managed
according to a Financial Transfer Agreement (FTA)
made between the Department of Indian and Northern
Affairs Canada (INAC) and the Council in April 1997.
Within these agreements, over the last years, the
Band Council has adopted management policies in
various administrative sectors, for the purpose of
managing band affairs justly and fairly, while
respecting the financial limits of the Reserve.
By adopting a complaints
policy, the Band Council express its willingness to
respect a fundamental principle of democracy that
consists of allowing an individual to assert his
point of view when a decision rendered in his regard
or in another person’s regard appears unjust or
unfair to him.
7.2
Objectives of the complaints policy
-
Favour transparency, justice and efficiency in the Band Council
administration.
-
Allow band members to obtain justice when an error,
negligence or abuse was committed in a decision
rendered concerning them.
-
Improve Band Council services for the benefit of band
members according to the funds available to the
administration.
7.3 Targeted services
Since 1995, the Band
Council has adopted management policies which were
rendered public during their enforcement. Let us
remember that a policy defines the orientations,
rules and operating conditions of a service or
program. The policies adopted by the Band Council
essentially seek to establish standards allowing for
the just and fair administration of Reserve
funds of the Reserve for all band members.
As a result, the administrative sectors of income
security, housing, economic development and any other
administrative sector governed by a management policy
adopted by the Band Council representing the sectors
targeted by the complaints policy.
7.4 Procedure in the event of a complaint
Before filing a formal complaint with the Band
Council, the plaintiff must become pay close
attention to the management policy of the sector
targeted by the complaint. Then, the plaintiff
must meet with the director general or the employee
of the sector concerned by the complaint in order to
obtain specifications on the decision rendered in
compliance with the policy, within ten (10) working
days.
Role of the director
general or employee
In the event that the meeting with the director
general or the employee proves to be unsatisfactory
for the plaintiff, the director general or the
employee of the sector targeted by the complaint must
take note, on the form provided for this purpose, of
the reason of the complaint and the explanations
provided to the plaintiff. The form must include the
following information:
-
the sector targeted by the complaint;
- the
identification of the plaintiff;
- the
reason for the complaint;
- the
explanations provided by the director general or
employee;
- the
signature of the director general or employee;
- the
signature of the plaintiff;
- the date
of the meeting.
At the next Band Council meeting, the director
general presents the case to the Council which either
confirms the decision already rendered or decides in
favour of the plaintiff. The information on the Band
Council decision must be transmitted to the plaintiff
by registered mail, as soon as possible.
7.5 Deposit of a complaint
-
identify the sector targeted by the complaint;
- register
his name, address and number of telephone;
- clearly
explain the reason for the complaint;
- describe
how the policy was not respected, according to the
plaintiff;
- sign and
date the form.
The form must be sent to the Chief of the Band
Council, by registered mail, within ten (10) working
days following the final decision of the Band
Council. The ten (10) working days are calculated
starting from the date of the registered mail already
sent to the plaintiff. Upon reception of the duly
completed form, an acknowledgement of reception is
returned to the plaintiff.
7.6 Role of the Appeal Board
Formal complaints are submitted for study to the
Appeal Board**. All complaints must be processed and
decided on. The two (2) forms, which are entitled
“Meeting with the Plaintiff” and “Filing of a
Complaint” must be filed with the concerned Appeal
Board.
The Appeal Board decision, accompanied by comments,
is transmitted in writing to the Band Council members
during a work meeting, within twenty (20) working
days following the reception of the complaint. The
decision rendered by the Appeal Board is irrevocable
and effective. This decision is ratified by a Band
Council resolution. A photocopy of the resolution is
sent to the plaintiff by registered mail as soon as
possible following the Band Council meeting.
The abovementioned time periods must be respected by
the two (2) parties. A non-respected time period on
the part of the plaintiff results in the closing of
his file. On the other hand, a non respected time
period on the part of the Appeal Board gives
judgement in favour of the plaintiff.
Main Duties of the Appeal
Board
-
The Appeal Board
must be aware of the “Complaints Policy” and the
present policy in the sector targeted by the
complaint.
-
The Appeal Board must determine if the policy was
enforced in compliance with the clauses comprising it.
-
In the event that the Appeal Board rules that the
present policy was not respected, the Appeal Board
overturns the decision rendered. In the opposite
case, the Appeal Board confirms the decision.
All decisions are irrevocable and effective.
-
The Appeal Board transmits its decision in writing,
with comments, to the Band Council at the next
meeting.
** Appeal Boards are officially mandated by the Band
Council. Each Appeal Board is made up of three (3)
people for the purpose of facilitating the decision-making
in a voting situation. The Appeal Board members must
be unfamiliar with the management of the Odanak Band
Council in order to be as impartial as possible in
the analysis of the submitted complaints. In
addition, the Appeal Board members must possess a
good knowledge of the policy adopted by the Band
Council and demonstrate exemplary skill in analysis
and impartiality.
Appendix 1 ▲
Form for the Filing of a Formal Complaint
________________________________________________________________________________________
Signature of the plaintiff
Date
Appendix 2 ▲
Annual Declaration Form
Odanak Band Council
Code of Conduct and Complaints Policy
Annual Declaration
| Please confirm your reception and reading of the lecture of the Code of Conduct and Complaints Policy by signing and returning the present sheet to the Director General in order for it to be conserved in your personal file. |
Certain infractions in this document can have serious
or long-term consequences on the image and funds of
the Odanak Band Council. When justified by the
circumstances, the Band Council can sue or dismiss
the persons concerned.
I, (name in block letters)
_________________________
,
recognize that I am aware of the present document.
Whenever I am uncertain about the eventual
enforcement of the Code of Conduct and Complaints
Policy, I must inform my immediate superior about it.
My signature also confirms my awareness of the Staff
Management Policy and the disciplinary measures
provided in the event of misconduct.
_________________________________________________________________________________________
Signature
Date