The majority of allegations brought forward against Sechelt (shíshálh) Nation Chief Calvin Craigan by protesters in May have been found to have no merit, according to the report on an independent investigation by lawyer John R. Rich of Ratcliff and Company in North Vancouver.
However, the investigation did find fault with how the chief used the Nation’s credit card.
The report released on Oct. 4 noted Craigan breached his duty to shíshálh Nation members by using the Nation’s credit card for personal matters and failing to take responsibility for repayment of those charges.
“Although the amounts involved are relatively small and the personal benefit to the chief is minor, the credit card abuse is a failure of the chief’s duty of the utmost good faith to the band,” the report said.
In addition to the chief’s credit card misuse, the report found the shíshálh council failed to hold general band meetings every four months as required by the Nation’s constitution, and failed to meet “constitutional requirements and deadlines respecting budgets and audits.”
However, the report also vindicated both chief and council regarding most of the allegations that were investigated.
“No wrongdoing or inappropriate conduct was found with respect to the various allegations of: impropriety in hiring; impropriety in housing matters; misuse of the Nation’s capital fund; unauthorized activities, meetings and travel; nepotism in awarding catering contracts; establishing tax-free employment; or providing inducements to gain political support,” the report read.
Rich noted in his executive summary that the majority of the complaints lodged against chief and council appeared “to have no basis beyond rumour and politically-motivated speculation.”
In total, more than 40 specific allegations of wrongdoing or inappropriate conduct were identified by complainants and investigated by Rich.
He conducted 20 in-person and telephone interviews and followed up with more than 200 email messages. He also reviewed over 200 documents relating to the allegations.
In the end he found that “no one involved is without blame.”
“Together, all parties have contributed to a toxic environment within the Sechelt community. There is room for improvement all around,” he wrote in the report.
A total of 18 recommendations penned by Rich are meant to help improve things (see recommendations listed below).
While the report acknowledges wrongdoing by the chief, it does not call for his removal from office.
Rich said the only way to remove Craigan would be through the Nation’s recall law which demands more than 55 per cent of eligible voters (about 200 people) sign a petition calling for the chief’s removal from office.
The petition seeking Craigan’s resignation in May had 80 signatures on it.
The report was presented to shíshálh Nation members in a closed meeting on Oct. 11. The next day, in an interview with Coast Reporter, Craigan said he was glad the investigation was over but that it hasn’t stopped feelings of upset for some shíshálh Nation members.
“The idea of bullying and lateral violence continues,” Craigan said, noting he’s worried members might take it upon themselves to lock down the shíshálh Nation offices again.
He said the original lockdown in May and the resulting petition and investigation stymied work for chief and council for about five months and cost the Nation in excess of $300,000.
He said the figure includes the cost of the investigation (about $100,000), lost opportunities and the cost of wages for staff who were pulled away from regular duties for interviews related to the investigation.
Craigan said moving forward, his council will have to implement the recommendations from the report.
“We have to tighten up policy and develop our constitution,” Craigan said, adding that “no one is really to blame” for the current lack of process at the Nation.
“It’s been so loose for so many decades that it had to come to this, and I don’t blame my people for questioning it.”
Craigan’s term as chief ends on March 31, 2017 and in the next five months he plans to work on completing negotiations with governments, developing a new constitution for the shíshálh Nation and implementing new policies suggested in the report.
“If my time expires and if I want to disappear into the sunset, then I have five months to decide that. But in the meantime I will, in the best interest of my people, make sure things are complete in terms of negotiation with governments and the process of tightening up and developing our constitution and providing greater policies so that governance of our people is adhered to.”
Sechelt Nation Investigation Report Recommendations
•Adopt a policy regarding band-issued personal credit cards
•Adopt a policy respecting the business use of band-issued credit cards
•Enforce a policy respecting the use of band credit cards
•The Nation’s strategic plan should be developed and presented to the membership in accordance with the chief and council manual
•The chief councillor is not authorized to make ad hoc decisions about the use of band funds and should show greater adherence to proper administrative procedures
•The Nation’s strategic plan should be developed and presented to the membership in accordance with the chief and council manual
•The chief councillor is not authorized to make ad hoc decisions, or undertake side projects that employ band funds, without authorization of chief and council. The chief should show greater adherence to proper administrative procedures and policies
•Band council should be aware of and make efforts to ensure compliance with constitutional requirements, including in both timely preparation of budgets and ensuring that membership is fully informed
•Greater detail should be included in meeting minutes from general meetings
•Chief and council should follow through with commitments made to the membership, such as Chief Craigan’s January 2015 commitment that council would start providing the community with monthly reports
•Chief and council should be aware of the requirements of the Sechelt Nation constitution and band council manual with respect to the requirement for holding membership meetings
•Membership meetings must be held every four months, in accordance with the Sechelt Nation constitution
•Proper notice of at least 30 days of general meeting dates must be provided, in accordance with the constitution
•In order to comply with the constitutional requirements and band council policy, meetings should be organized well in advance
•Budget variances should be presented to the community by the end of June each year, and the amended budget should be subsequently ratified by the council. The 2015/2016 variance report should be presented to the community as soon as practicable
•Chief and council should endeavour to ensure compliance with constitutional timelines regarding audits and financial reports
•Chief and council should ensure meetings are held to present financial information and membership in accordance with the constitution and chief and council manual
•Notice should be provided to Sechelt membership when financial reports are available for review at the band office
