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Behdzi Ahda First NationCustom Election Law, 2017

WHEREAS

Since time immemorial, the Dela Gotne of Berah Guton Tue, consisting of Tage, Tsoga, Duta, and Tahshne Gotne have lived together in harmony, and have shared responsibilities for decisions affecting our people;

The Dela Gotne of Berah Guton Tue as represented by the Behdzi Ahda First Nation wishes to elect its Dene Bekowere and Council through a clear, open and fair election process that respects our laws, customs and traditions, including representation of the Tage, Tsoga, Duta, and Tahshne Gotne; and

This custom election law was developed through a community process.

THEREFORE

The Dene Bekowere and Council of the Behdzi Ahda First Nation do adopt and set out in writing here the custom election law of the Behdzi Ahda First Nation.

1. Title and Effective Date

1.1 This Law is the Behdzi Ahda First Nation Custom Election Law, 2017. References in this document to a Law are to this law.

1.2 This Law comes into full force and effect after approval by the community and on the day after it is approved by the Council of the Behdzi Ahda First Nation.

1.3 This Law replaces all previous customary election laws of the Behdzi Ahda First Nation.

1.4 Any provisions of the Indian Act respecting the band elections of chiefs and councils do not and shall not apply to the Behdzi Ahda First Nation.

2. Definitions

Bad Debt means an amount owing to the Behdzi Ahda First Nation in excess of $5,000.00 for which a payment has not been made for over six (6) months.

Band member means a member of the Behdzi Ahda First Nation.

Chief Returning Officer means the independent officer responsible for the management of an election.

Community Assembly means a meeting attended by 51% of the eligible electors of the Behdzi Ahda First Nation.

Electors(s) means a person who is:

(a) registered on the Band list of Behdzi Ahda First Nation;

(b) 16 years of age; and

(c) is not disqualified from voting.

Election Committee means the body consisting of three (3) members including the Chief Returning Officer charged for overseeing the implementation of election procedures.

Resident(s) means a person who has lived in Berah Guton Tue for two (2) years, except for absence due to education, medical, lack of housing or similar reasons.

3. Behdzi Ahda First Nation Council

3.1The Behdzi Ahda First Nation Council consists of:

(a)one (1) Dene Bekowere;

(b)one (1) Dene Bekowere ke wedea;

(c)one (1) At Large Councillor; and

(d)four (4) Gotne Councillors.

4. Elections

4.1The Dene Bekowere, Dene Bekowere ke wedea, At Large Councillor, Tage Gotne Councillor, Tsoga Gotne Councillor, Duta Gotne Councillor, Tahshne Gotne Councillor shall be elected by all Electors.

5.Terms of Office

5.1The term of office of an incoming Dene Bekowere, Dene Bekowere ke wedea, and Councillors is four (4) years.

5.2Prior to taking office, an incoming Dene Bekowere, Dene Bekowere ke wedea, and Councillors must complete the oath of office for an elected official set out in Schedule 1.

5.3Prior to taking office, an incoming Dene Bekowere, Dene Bekowere ke wedea, and Councillors who have had a bad debt within six (6) months of the election, must complete the letter agreement allowing garnishment set out in Schedule IV.

5.4No individual may serve as a Dene Bekowere, Dene Bekowere ke wedea, and Councillors for more than four years and three months (1553 days) without being re-elected pursuant to this Law.

5.5There is no limit on the number of terms that a person may hold provided that they are re-elected pursuant to this Law.

5.6Nothing in this section prevents the Council from calling an election prior to the expiry of their term of office.

6.Vacancies & Removals

6.1The position of Dene Bekowere, Dene Bekowere ke wedea, or Councillor may become vacant if the individual holding the position:

(a)resigns from the position by giving notice in writing to the Council;

(b)misses three (3) consecutive meetings of the Council without good cause;

(c)is convicted of an offense involving crimes against persons or property;

(d)becomes insolvent or unable to meet payment obligations for debts owing to the Behdzi Ahda First Nation;

(e)fails to uphold their oath of office or the policy on the code of conduct for elected officials;

(f)is declared mentally incompetent; or

(g)is otherwise unable to continue to perform their duties.

6.2In the circumstances described in 6.1, the Council may by resolution passed at a duly convened meeting declare the position vacant. If the position of Dene Bekowere or Dene Bekowere ke wedea becomes vacant, the Council may by resolution appoint one of their number as Acting Dene Bekowere or Dene Bekowere ke wedea until the vacancy is filled. In the event that no such resolution is made, the most senior member of the Council by experience will be declared the Acting Dene Bekowere or Dene Bekowere ke wedea.

6.3An individual whose position has been declared vacant by resolution under 6.2 automatically ceases to hold office as of the date and time of the resolution and without the requirement for a signed resignation document.

6.4An individual whose position has been declared vacant by resolution under 6.2 may appeal the decision in writing within 14 days to the Election Committee, who shall consider the appeal and render a decision within 14 days.

7.Election Dates

7.1Elections may be called for any weekday that does not conflict with a day of cultural or religious significance observed by a majority of Behdzi Ahda Band members.

7.2A general election must be held in the fourth calendar year after the date of the last general election.

7.3The date of a general election may be set by a resolution of Council in accordance with this part, or in the event that no such resolution is made, a general election will occur on the fourth anniversary date or the first weekday prior to the fourth anniversary date of the last general election.

7.4The date of a by-election may be set by a resolution of Council in accordance with this part, or in the event that no such resolution is made, a by-election will occur on the first weekday 60 days after a vacancy on Council has been determined, unless a general election will occur within 90 days, in which case no by-election for that position will be held.

7.5The date of an election set by resolution must occur at least 30 days after the day following the date of the resolution.

8.Election Committee

8.1An Election Committee consisting of three (3) members including a Chief Returning Officer shall be appointed by resolution of Council no later than three (3) days after an election date has been determined.

8.2Members of the Election Committee must be independent. Each member is independent if they do not have a direct or indirect financial relationship with Behdzi Ahda First Nation that could, in the opinion of Council, reasonably interfere with the exercise of independent judgment as a member of the Election Committee.

8.3Members of the Election Committee must be competent to perform their duties and are not permitted to nominate candidates, campaign or vote in an election.

8.4Prior to taking on their duties, each member of the Election Committee must complete an oath of office for election officers set out in Schedule III.

8.5The term of office of Election Committee members is from the date of their appointment until the day immediately following the date of final disposition of any appeals arising from the election.

8.6The Election Committee is empowered as a tribunal with the powers to decide all matters delegated to them under this Law and questions of eligibility, procedure, and interpretation of this Law.

8.7Decisions of the Election Committee may be appealed to the Appeal Committee as set out in this Law.

9.Notices of Election

9.1Once the date of an election has been called or determined in accordance with Part 7, the Election Committee will publish a Notice of Election not less than 30 days prior to the date of the election at the Behdzi Ahda Band office at Berah Guton Tue, and by electronic means to all Electors living outside the community as reasonably as possible, and by any such other media as the Election Committee deems likely to reach a majority of Behdzi Ahda Electors.

9.2A Notice of Election will include:

(a)the date and times of the election;

(b)means by which Behdzi Ahda Band members may confirm or seek changes to the Voters List;

(c)means by which Behdzi Ahda Band members may confirm or seek changes to the Gotne List;

(d)the positions for which candidates are to be nominated;

(e)the eligibility requirements of candidates;

(f)the time, date and procedures by which nominations for candidates are to be received by the Election Committee;

(g)the hours and locations during which votes may be cast on the date of the election;

(h)times, dates and procedures for advance or proxy voting; and

(i)the name of the Chief Returning Officer.

10.Election Procedures

10.1The procedures for a general election and for a by-election shall be the same, subject to modifications as deemed reasonable and necessary by the Election Committee in the case of a by-election.

Voters List

10.2As soon as practical, and within seven (7) days of the Election Committee being formed, the Election Committee will publish a Voters List in alphabetical order for all Electors.

10.3Each Behdzi Ahda Band member is responsible for ensuring that the Voters List is correct.

10.4If a Behdzi Ahda Band member believes that there is an error on the Voters List, he or she may submit a request for changes to be made to the Voters List along with supporting information to the Election Committee. The Election Committee will correct the Voters List if they are satisfied that the correct information has been provided at least 10 days in advance of the election date.

10.5Any Behdzi Ahda Band member who does not appear on the Voters List may be permitted to vote in the election on the date of the election if the Chief Returning Officer is provided with evidence and is reasonably satisfied that the Behdzi Ahda Band member is entitled to vote in that election.

Gotne List

10.6As soon as practical, and within seven (7) days of the Election Committee being formed, on the same date that the Voters List is published, the Election Committee will publish a Gotne List in alphabetical order, showing the name and Gotne of each Elector.

10.7Each Elector is responsible for ensuring that the Gotne List is correct.

10.8If an Elector believes that there is an error on the Gotne List, he or she or may submit a request for changes to be made to the Gotne List along with supporting information to the Election Committee. The Election Committee will correct the Gotne List if they are satisfied that the correct information has been provided at least 10 days in advance of the election date.

10.9Any question concerning the determination of an Electors Gotne will be determined by the Chief Returning Officer based on evidence and in consultation with the elders of that Gotne.

Nominations

10.10All Electors seeking nomination as a candidate must meet the eligibility requirements to hold the position they are seeking.

10.11 To be eligible to be nominated as a candidate for Dene Bekowere, a person must:

(a) be registered on the Band list;

(b) be 35 years of age;

(c) be resident in Berah Guton Tue;

(d) not be disqualified from voting in Band elections;

(e) not be insolvent or have a bad debt owing to the Behdzi Ahda First Nation;

(f) not have been convicted of an offense within 4 years of the date of the election; and

(g) have a reputation for being a good provider according to the laws of the Dela Gotne of Berah Guton Tue.

10.12To be eligible to be nominated as a candidate for a Dene Bekowere ke wedea, a person must:








10.13To be eligible to be nominated as a candidate for a Gotne Councillor, a person must:



(c) be resident in Berah Guton Tue; and


(e) a member of that Gotne;

(f) be nominated by Electors of that Gotne;

(g) not be insolvent or have a bad debt owing to the Behdzi Ahda First Nation;

(h) not have been convicted of an offense within 4 years of the date of the election; and

(i) have a reputation for being a good provider according to the laws of the Dela Gotne of Berah Guton Tue.

10.14To be eligible to be nominated as a candidate for At Large Councillor, a person must:








10.15Nominations will be opened by the Election Committee for a period of not less than fourteen (14) days.

10.16If there is an insufficient number of nominations to fill all positions, the date for nominations may be extended by the Election Committee for a further five (5) days.

10.17All candidate nominations shall be made in writing in a form determined by the Election Committee, and signed by two (2) Electors.

10.18 An Elector duly nominated to be a candidate is only eligible to accept one candidate nomination.

10.19After the close of Nominations, the Election Committee will hold an open Nomination Meeting at a time and place that they will publish and broadcast not less than 24 hours in advance. Written notice of the Nomination Meeting must be given to all candidates by the Election Committee.

10.20At the Nomination Meeting, the Election Committee will determine the duly nominated candidates for each position and any other business that in the opinion of the Election Committee is properly brought before it.

10.21Each duly nominated candidate wishing to stand for election must complete and file an acceptance of nomination form with the Election Committee no later than 48 hours after the close the Nomination Meeting, or their nomination will be deemed to have been not accepted.

10.22In any circumstance where the Election Committee decides that a candidate who has accepted a nomination is ineligible or unable to stand for election, the Election Committee will publish and broadcast notice of their decision to Electors and will take such other steps as they deem necessary to give notice of that candidates ineligibility or inability to stand for election to the Electors. The date for nominations may be extended by the Election Committee for a further five (5) days as per section 10.16.

10.23The Election Committee will publish and broadcast the names and Gotne of each candidate who has accepted a nomination and who is deemed eligible for election by the Election Committee within two days (2) after the close of the Nomination Meeting.

10.24If only one duly nominated and eligible candidate has accepted a nomination for the position of Dene Bekowere, Dene Bekowere ke wedea or for a Councillor position, that candidate will be declared acclaimed in that position as of the date of the election by the Election Committee.

10.25A candidate who has accepted a nomination may officially withdraw from the election at any time prior to the printing of the ballots for the election.

Campaigning

10.26An Elector seeking nomination may campaign for nomination until the close of Nominations.

10.27A candidate who has accepted a Nomination and has been deemed by the Election Committee to be eligible as candidate, may campaign from the time their nomination was approved in writing in accordance with section 22 until 11:59 pm on the day immediately prior to the election.

10.28A candidate who has withdrawn from the election must discontinue campaigning and shall where possible shall give notice of their withdrawal on any posted or circulating campaign material.

10.29 No campaigning may occur on the date of the election.

11.Methods of Voting

11.1The Election Committee will publish and broadcast the time and place of voting for each polling station.

11.2The Election Committee will retain election officials to ensure the proper conduct of the election at each polling station.

11.3Each candidate for a position is entitled to have a scrutineer present at each polling station and at the opening and counting of each ballot box.

11.4The election official for each polling station will, immediately before the opening of that poll for voting:

(a) open the ballot box(es) in the presence of the scrutineers to confirm that it is empty; and

(b) lock or seal the ballot box(es) to prevent tampering.

11.5An Elector may cast votes for:

(a) one (1) candidate for the position of Dene Bekowere;

(b) one (1) candidate for the position of Dene Bekowere ke wedea;

(c) one (1) candidate for the position of At Large Councillor; and

(d) all (4) candidates for the Gotne Councillors.

11.6 Votes may be cast on the election date:

(a) personally, during the hours and locations during which votes may be cast, in accordance with procedures established by the Election Committee;

(b) by proxy, during the hours and locations during which votes may be cast, accordance with procedures established by the Election Committee and on receipt and confirmation by the Election Committee of a completed proxy authorization; and

(c) by mail, facsimile, electronic delivery or similar distance method, in accordance with procedures established by the Election Committee.

11.7On a person presenting them self for the purpose of voting, the Chief Returning Officer, if satisfied that the name of such person is entered on the voters list at a polling place, provide him/her with a ballot paper on which to register his/her vote.

11.8The Chief Returning Officer shall place, in the proper column of the Voters List and Gotnes List, a mark opposite the name of every voter receiving his/her ballot paper.

11.9The Chief Returning Officer may and when requested to do so shall explain the mode of voting to a voter.

11.10Each voter receiving a ballot paper shall proceed to the compartment provided for marking ballots, and shall mark the ballot paper by placing a cross opposite the name of the candidate for whom they desire to vote; they shall then fold the ballot paper so as to conceal the names of candidates and the marks on the face of the paper, but so as to expose the initials of the Chief Returning Officer, and on leaving the compartment shall deliver the same to the returning officer, who shall without unfolding the ballot paper verify their initials, and at once deposit it in the ballot box in the presence of the voter and of all other persons entitled to be present in the polling place.

11.11While any voter is in the compartment for the purpose of marking their ballot paper, no other person shall, except as provided in section 12, be allowed in the same compartment or be in any position from which they can see the manner in which a voter marks their ballot paper.

11.12The Chief Returning Officer, on the application of any voter who is unable to read, or incapacitated by blindness or any other physical cause from voting in the manner prescribed by section 10, shall assist such a voter by marking his/her ballot paper in the manner directed in the polling place, and place the ballot in the ballot box.

11.13The Chief Returning Officer shall state in the Voters List, opposite the name of such elector in the column for remarks, the fact that the ballot paper was marked by him/her at the request of the voter and the reason.

11.14A voter who has inadvertently dealt with their ballot paper in such a manner that it cannot be conveniently used shall, upon returning it to the Chief Returning Officer, be entitled to obtain another ballot paper, and the Chief Returning Officer shall write "canceled" upon the spoiled ballot paper and preserve it.

11.15Any person who has received a ballot paper and who leaves the polling place without delivering it to the Chief Returning Officer, in the manner provided, or if, after receiving the ballot paper, refuses to vote, shall forfeit his/her right to vote at the election, and the Chief Returning Officer shall make an entry in the voters list, in the column for remarks opposite the name of such person, to show that such person received the ballot paper and declined to vote, in which case the returning officer shall mark upon the face of the ballot paper the word "declined", and all ballot papers marked in this manner shall be preserved.

11.16Any Electors present at a polling location who have not been able to cast a vote before the published hour of closing of that polling station location will be entitled to cast their vote and the voting period for that polling location will be extended for that purpose.

12.Counting of Votes and Determination of Outcomes

12.1After the close of each polling location, in the presence of any candidates and scrutineers, the election officer for each polling location will open the ballot boxes present, examine each ballot and reject any ballots which:

(a) are spoiled;

(b) do not clearly indicate the voters preferences;

(c) have more votes than the appropriate number of votes; and

(d) identify the voter who cast it.

12.2Any rejected ballots not contested will be counted and placed and sealed in an envelope labeled Rejected.

12.3A candidate or scrutineer may raise an objection to a determination by an election officer regarding a rejected ballot, in which case the election officer will place and seal the contested ballot in an envelope labeled Contested.

12.4The Chief Returning Officer will count the number of votes received by each candidate from among the ballots not rejected or contested and place and seal those ballots in an envelope labeled Allowed.

12.5The election officer for each polling location will provide a written statement to the Election Committee setting out the number of ballots allowed, rejected or contested at that location, the number of votes received by each candidate at that polling location, and provide that statement, along with the sealed envelopes containing the ballots from that location.

12.6The Election Committee, in the presence of candidates and scrutineers, will conduct a tally of all votes received by each candidate, and if potentially decisive to an outcome for position, make decisions on any contested ballots before publishing and broadcasting the election results.

12.7In any election in which the position of Dene Bekowereor or Dene Bekowere ke wedea is contested, the Dene Bekowereor or Dene Bekowere ke wedea shall be elected by the highest number of eligible votes cast for a candidate for that position.

12.8In any election in which the position of Councillor is contested, the Councillor shall be elected by the highest number of eligible votes cast for the candidate for that position.

12.9The Election Committee will publish and broadcast the results of an election immediately after counting the votes in a public place and confirming the candidates elected to the positions.

12.10Any candidate receiving not less than five (5) votes of the highest number of votes for a position may request a recount in writing within two (2) hours of the publication of the results of the election. The time and place of the recount will be announced and conducted by the Election Committee in a public place as soon as practical after the request for the recount is received.

12.11Where it appears that two (2) or more candidates have received an equal number of votes for the same position in an election, and the tie must be broken to determine who has been elected, the procedure for tie-breaking shall be as follows:

(a) the Election Committee shall conduct a recount in a public place; and

(b) if the tie is confirmed by that recount, the Chief Returning Officer shall, within two days, conduct a secret ballot vote by the newly elected candidates to break the tie.

13. Rules, Hearings and Sanctions

13.1The Election Committee may establish and publish rules that are consistent with this Law for nominations, campaigning and election procedures as they deem necessary or advisable for the fair and orderly conduct of the election.

13.2The Election Committee may conduct hearings in accordance with its own rules of procedure in conformity with the principles of natural justice, this Law and applicable laws either on their own motion or in response to complaints from candidates or Electors on violations of this Law or the rules established under this Part.

13.3Any Elector may at any time request the Election Committee to decide on a question of fact or procedure in connection with an election, this Law or the rules established by the Election Committee.

13.4The Election Committee may sanction candidates or Electors who are found to have violated this Law or the rules established under this Part by restricting or prohibiting such candidates or Electors from participating in an election.

13.5 A candidate or an Elector may appeal a determination of the Election Committee to the Appeal Committee.

14. Appeals

14.1The Appeal Committee will consist of a lawyer entitled to practice in the Northwest Territories and with experience in Indigenous law; a Band member with experience in elections; and an elder Band member who carries Dela Gotne traditional laws and knowledge. The members of the Appeal Committee will be appointed by the Chief Returning Officer when an appeal is filed.

14.2The Appeal Committee is empowered as a tribunal with the powers to decide all matters delegated to them under this Law and questions of eligibility, procedure, and interpretation of this Law.

14.3The decisions of the Appeal Committee are final and binding.

Nomination Appeal

14.4If a candidateis found to be ineligible by the Election Committee, with respect to their nomination, the candidate may appeal within two (2) days of the decision of the Election Committee.

14.5The candidatemust submit a notice of appeal to the Chief Returning Officer, with supporting documentation, stating the reasons for their nomination appeal.

14.6The Chief Returning Officer will immediately begin proceedings to constitute the Appeal Committee, provide the notice of appeal to the Appeal Committee to conduct a review of the evidence, and to carry out such investigations as they deem advisable.

14.7The Appeal Committee will immediately convene a hearing with the ineligible candidateto present their nomination appeal.

14.8The Appeal Committee will discuss and make a decision within three (3) days of the hearing of the nomination appeal.

Election Appeal

14.9Any Elector or candidate shall file an appeal of an election within fourteen (14) days of the date on which the election was held if they have grounds to believe that there was corrupt practice, an error or violation of this Law or the rules or procedures established by the Election Committee that would have affected the outcome of the election.

14.10An appeal of an election result shall be launched by sending a notice of appeal in writing, containing details of the grounds for appeal, to the Chief Returning Officer.

14.11The Chief Returning Officer will immediately begin proceedings to constitute the Appeal Committee, provide the notice of appeal to the Appeal Committee to conduct a review of the evidence, and to carry out such investigations as they deem advisable.

14.12If the Appeal Committee determines that the appeal is grounded by evidence that there was corrupt practice, an error or violation that may reasonably have affected the outcome of the election, the Appeal Committee will convene a hearing no later than thirty (30) days after the date of the election to determine whether:

(a) a corrupt practice did occur;

(b) any error or violation did occur; and

(c) such corrupt practice, error or violation affected the results of the election.

14.13The Appeal Committee will determine whether the corrupt practice, error or violation occurred, whether it affected the results of the election, and the remedy.

15. Amendments

15.1Any amendment to this Law may be initiated by:

(a) the Council by reference to a Community Assembly;

(b) by a petition signed by not less than 75% of Band members eligible to vote in the previous election; or

(c) written recommendation of the Election Committee.

15.2Any proposed amendment will include details, a rationale and the specific language for the proposed amendment and will be made in writing.

15.3 The Council will call a Community Assembly to consider a proposed amendment within 45 days of the initiation of an amendment, and will publish and broadcast the place, date and time of the Community Assembly to Band members not less than 30 days in advance.

15.4 The Council will publish and broadcast a notice of proposed amendment not less than 30 days in advance of the Community Assembly which will include the details, a rationale and the specific language for the proposed amendment, and invite written or oral comments from Band members to be made or submitted to the Council.

15.5 The Council will ensure that any written comments received from Band members are available and accessible to Band members.

15.6 The Council may propose final amendments no less than 10 days prior to the Community Assembly that reflect comments received from Band members.

15.7 Amendments to the Law must be ratified by a majority of Band members attending the Community Assembly.

15.8 The amended Law will be made available to Band members.

15.9 No amendment to the Law may be made after a Notice of Election has been published under Part 9 until after that election has been decided.

SCHEDULE I

Behdzi Ahda First Nation

Dene Bekowere & Council

OATH OF OFFICE

I, ______________, during the term of my office, do solemnly affirm to faithfully, impartially and to the best of my ability to uphold the honour and duties vested in me as an elected representative of the Behdzi Ahda First Nation and to do the following:

i. respect and comply with the Code of Conduct Policy including but not limited to all other laws, policies and traditions of the Behdzi Ahda First Nation;

ii. communicate openly and keep people informed while keeping confidential both during and after my term of office information which is of a sensitive nature or information under Behdzi Ahda First Nation laws, policies and traditions that is considered confidential;

iii. not engage in any activity that will put me in conflict with my duties;

iv. work diligently with honesty and respect in the best interest of the Behdzi Ahda First Nation and all of its membership without favor to any individual or family;

v. exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances;

vi. act with due care, competence, and diligence, without misrepresenting material facts or allowing my independent judgement to be subordinated;

vii. treat all people with whom I have contact, in the conduct of my office, with respect including those who are not members of Behdzi Ahda First Nation;

viii. uphold the spirit and intent of self-determination and independence, and advocate on behalf of Behdzi Ahda First Nation with other First Nations, territorial, provincial, federal and international governments;

ix. at the direction of the membership, set clear goals and be dedicated to achieve them through personal commitment, discipline and consistency;

x. conduct myself in a healthy, positive and professional manner with the teachings of our elders in my heart and mind;

xi. maintain a good path for our youth so they carry on in a way that the future of our grandchildren remains protected;

xii. build consensus for decisions and respect all other Council members and employees of Behdzi Ahda First Nation to work as a team to ensure the future of Behdzi Ahda First Nation is economically, socially and culturally stable; and

xiii. encourage an atmosphere of caring, sharing, balance, and harmony while building trust and confidence among the Council and with all members of Behdzi Ahda First Nation.

Oath of Office Declaration of Understanding

_______________________________________________________Print NameSignature

SIGNED this _____day of, 20____.

Signed in the presence of a representative of the Crown:


Signed in the presence of the Senior Band Manager:


SCHEDULE II

Dene Bekowere & Council CODE OF CONDUCT

1. Purpose

The purpose of this policy is to provide each Council member with a clear understanding of his/her expected conduct in the performance of their responsibilities.

2. Scope

This policy and procedure applies to all individuals involved with the elections system, including but not limited to Elected Officials in the roles of Dene Bekowere, Dene Bekowere ke wedea, or Councillor.

3. Definitions

Conflict(s) of Interest -- discussing or voting upon issues affecting an Elected Official, his, or her spouse, and/or his or her children while at the same time knowing or ought to be reasonably understanding that in the exercise of their power or performance of his, or her duty or function there is an opportunity to benefit their own private interests.

Elected Officials are the Dene Bekowere, Dene Bekowere ke wedea, or Councillor, who are elected pursuant to the Custom Election Law.

Election Term the length of time an Elected Official is in office.

Oath of Office the declaration document of an Elected Official acknowledging the Code of Conduct Policy and other relevant duties.

Private interests in either a form of favoritism towards one party or hostility towards an opposing party, private interests are personal biases or prejudices which imperil the open-mindedness and sense of fairness which an Elected Official is required to possess, impairing the impartiality they are expected to possess during their term of office.

Term of Office how long an Elected Official holds their position during an election term.

4. Responsibilities include but are not limited to:

(a) all Elected Officials reading and understanding this policy and signing the Oath of Office upon commencement of their Term of Office with the Behdzi Ahda First Nation;

(b) the Chief Returning Officer ensuring that all Elected Officials are informed of the Oath of Office and this policy, which is to be provided to Elected Officials in a timely manner upon being elected;

(c) the Senior Band Manager being responsible for ensuring all Elected Officials sign the Oath of Office annually;

(d) the Dene Bekowere, Dene Bekowere ke wedea, or Councillor not using information obtained as a result of their position for personal gain;

(e) any immediate family members of the Dene Bekowere, Dene Bekowere ke wedea, or Councillor, not financially benefiting from contracts, agreements or other undertakings that are associated with Behdzi Ahda First Nation; unless such awards are through an open and fair competition or deemed to be in the best interests of the Behdzi Ahda First Nation by a quorum of Council;

(f) the Dene Bekowere, Dene Bekowere ke wedea, or Councillor are not taking part in discussions or voting on resolutions that would directly benefit themselves or any member of their immediate family without first declaring their conflict of interest;

(g) that upon an Elected Official becoming aware of a potential or existing conflict of interest immediately declaring their conflict and removing themselves from decision making, or if agreed to by Council that their participation is necessary, formally submit a description of their conflict of interest to the Senior Band Manager by filing a Conflict of Disclosure Form (see Appendix A);

(h) not being a member of a hiring selection committee where an immediate family member is being considered for the position; and

(i) if otherwise employed by Behdzi Ahda First Nation may participate in discussions and/or provide a written or verbal report, but not vote on resolutions, relating to personnel issues for staff of a related department or program but may participate in discussions as a representative of their department if invited to do so.

5. Procedures:

(a) at the end of each fiscal year, the Senior Band Manager will communicate, in writing, to the Elected Officials to request those who have not been made aware of the Code of Conduct Policy to read and sign the Oath of Office and submit it to the Senior Band Manager;

(b) the Election Committee will inform the Senior Band Manager of any Elected Officials who have not submitted a signed Oath of Office;

(c) the Senior Band Manager will retain the signed Oath of Office forms; and

(d) the Council will take action to rectify any instances of non-compliance within 90 days of receiving a compliance report from the Senior Band Manager.

Appendix A - CONFLICT OF INTEREST DISCLOSURE FORM

A conflict of interest occurs when a person exercises a power or performs a duty or function and at the same time knows or ought reasonably to have known that in the exercise of the power or performance of the duty or function there is an opportunity to benefit their own private interests.

Private interests are defined in the Code of Conduct Policy and include the interests of closely associated persons or entities.

A person has an apparent conflict of interest if a reasonably well-informed person would perceive that a persons ability to exercise a power or perform a duty or function of their office or position must be affected by the persons private interests. All Elected Officials are required to declare any actual, potential or apparent conflicts of interest to Behdzi Ahda First Nation. Conflicts of interest could arise from personal interests which include:

the individuals spouse;

a person under the age of eighteen (18) years in respect of whom the individual or the individuals spouse is a parent or acting in a parental capacity;

a person in respect of whom the individual or the individuals spouse is acting as guardian;

a person, other than an employee, who is financially dependent upon the individual or the individuals spouse or on whom the individual is financially dependent;

an entity in which the individual or the individual in combination with any other person described in this section has a controlling interest;

close family or personal relationships with employees in a position to influence the affairs of the First Nation, or otherwise engaged in the affairs of the First Nation;

close relationships with individuals having an interest in information, competitive, intellectual or other interests of the First Nation.

Declaration: I disclose the following actual, potential or apparent conflicts of interest [insert description]:

_____________________________Print nameDate

________________________________Signature

SCHEDULE III

Election Officers

OATH OF OFFICE

I, ____________________________, do [swear/solemnly affirm] that I will:

1. perform the duties of the office of Electoral Officer faithfully and with integrity and will not allow any private interest to influence my conduct in public matters;

2. abide by the policies and laws that govern the Behdzi Ahda First Nation and will promote openness, accountability, and responsible leadership; and

3. dedicate myself at all times to acting in the best interests of the Behdzi Ahda First Nation.


____________________________Date

SCHEDULE IV

LETTER AGREEMENT ALLOWING GARNISHMENT TO REPAY BAD DEBT

I, _____________________, agree that the Behdzi Ahda First Nation (BAFN) may garnish my wages and honoraria associated with any bad debt owing to the BAFN at the time of my election.

Compliance with this letter is required by the Behdzi Ahda First Nation Custom Election Law, 2017.

This letter shall remain in full force and effect until the BAFN has received all amounts owing in relation to the bad debt.

___________________________________________________________Print Name/TitleSignature

____________________________Date

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