Band keeps it brief with minutes of meetings

Page 19

PRO BONO

Dear Tuma:

My band records the minutes of the band council meetings and then the secretary transfers them to paper, but they are summarized. (eg. Band will consult the lawyer on this issue.) There must have been a discussion on the matter. Could I ask for the recorded minutes or do I have to settle for the summary, even if it concerns me? Could I stay in the band council meeting to hear them discuss the matter and vote on the issue? They tell me I have to leave. Is this true?

Rumors

Dear Rumors:

Each band usually records what has happened at a council meeting. These are called minutes and they can be as varied as each band, but most record only the motions passed. Meanwhile, some bands have recorded word for word who said what and to whom. The minutes are used for the internal workings of the band, i.e. to be reviewed at the next meeting, and may not be made public.

Some bands have adopted a policy of posting their band council minutes in a public place, but have summarized the contents for brevity's sake or have edited them to exclude issues that are personal in nature.

The matter of finding out about the discussion would not serve any real purpose, especially if a decision has been made on the issue. The minutes would contain whether a vote was taken on the issue and whether it was passed or rejected. That becomes the decision of the council rather than the discussions before the vote. A councillor can also request the secretary to record how they voted on a particular issue.

When discussing personal issues, it is often easier to have a frank and thorough discussion when the person being discussed is not in the room, thus it is reasonable for the person to be asked to leave the room while the discussion and vote takes place.

Now, to obtain minutes: there are several different ways to do so and it all depends on how determined you are. The summary minutes are the easiest, especially if they are posted at the band office. You can just copy them. The ones used by the council may be obtained by asking your local councillor to provide you with a copy or by a formal request to the entire council.

Another method is to file a freedom of information request with the local provincial or federal office. This will take time and there may be a cost associated with it. Finally, if you are suing the band in a proceeding, minutes that are relevant to your case can be obtained through the discovery process.

Dear Tuma:

Can a chief fire any of the band staff?

EI Claimant

Dear EI Claimant:

In order to fire someone on the spot, you need to have just cause. Some examples of just cause are drinking on the job or stealing from the band council. The usual process is that the chief or band administrator would fire the individual and then make a report to the entire council at the next meeting.

Now, anyone can also be fired for no reason whatsoever at all but this requires giving the person notice or severance in lieu of notice.

The Canadian Labour Code determines what is the required notice period but most court decisions on wrongful dismissal provide a range of one to two months' notice for each year worked. Thus, if you have been working for the band for 10 years and the chief wanted to get rid of you without any just cause, the council would have to give you at least 10 months notice or 10 months pay without notice. It may be more, depending on the circumstances.

Note, that the chief is usually not the employer, rather it is the council, thus in many cases the chief may not be able to fire you but can go to council to recommend firing you. It is council that has the power to fire you, as they are the employer.

Tuma

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Questions can be sent to tumayoung@yahoo.ca