Sipeknekatik Band

Committee Terms of Reference Policy

Approved June 2, 2015

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Table of Contents Purpose ...................................................................................................................................... 3 Background Information ..................................................................................................... 3 Sipeknekatik Committee Terms of Reference ........................................................... 3 Conflict of Interest ................................................................................................................. 4 Human Resources Committee Responsibilities ........................................................ 4

Human Resource Committee Structure/Appointments .................................................... 5 Human Resources Authority/Mandate .................................................................................... 5

Finance Committee Responsibilities ............................................................................. 6 Finance Committee Structure/Appointments ....................................................................... 8

Policy Committee ................................................................................................................... 8 Housing Committee ............................................................................................................... 9

Principles ............................................................................................................................................. 9 Responsibilities ................................................................................................................................ 9 Composition ....................................................................................................................................... 9 Ineligibility ........................................................................................................................................ 10 Appointment .................................................................................................................................... 10 Term .................................................................................................................................................... 10 Remuneration ................................................................................................................................. 10 Meetings ............................................................................................................................................ 11 Removal ............................................................................................................................................ 11

Legal Committee .................................................................................................................. 11 Education Committee ........................................................................................................ 12

Education Committee Structure/Appointment .................................................................. 12 Committee Appeals Process .......................................................................................... 13 Signature Page ..................................................................................................................... 14

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Purpose The purpose of this policy is to provide terms of reference for all the committees within Sipeknekatik. Each committee will be described along with information surrounding committee membership, responsibility, mandate, meeting process, and authority. It should be noted that this policy will be amended from time to time as required by way of a Band Council Resolution. Background Information Sipeknekatik Band Chief and Council serve as the board of directors for the Bands administration. Sipeknekatik Band is a large municipality-type of organization. However, it is unique as it operates in conjunction with the Indian Act. Sipeknekatik has more than 250 employees, 18 different administrative departments and a yearly budget of $27-million. To run this political organization efficiently, the band has developed a system where various committees handle lower level administrative issues. Chief and Council meetings are reserved for high-level administrative issues and discussions. Reports regarding the ongoing committee level activities are provided to the Chief and Council during their duly convened meetings. The Chief and Council must approve membership of all committees during a duly convened Chief and Council meeting. Sipeknekatik Committee Terms of Reference There are several active committees within Sipeknekatiks administration. This section will outline the terms of reference for the following committees:

Human Resources Committee Finance Committee Consultation Committee Policy Committee Housing Committee Legal Committee Education Committee Appeals Committee Sipeknekatik understands that the needs of the band may change due to external circumstances. For this reason, understand the list of active committees will change from time to time. Further, the terms of reference for existing committees will also change. Sipeknekatik will not consider any of changes to committees, committee structure, and committee processes until changes are amended and approved in this policy.

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Conflict of Interest All Committees will abide by the Conflict of Interest Policy Approved by the band on March 6, 2001. As outlined in this policy, a committee member will be considered in conflict if: A committee member has a personal interest in the matter; He or she has a family member who has a personal interest in a matter; He or she has a business relationship, as a partner, as an employee, as a major shareholder, as a director or senior officer, with another entity that has an interest in a matter; He or she has a family member who has a business relationship, as a partner, as an employee, as a major shareholder, as a director or as a senior officer, with another entity that has an interest in a matter. If the committee member is in conflict or a perceived conflict, the Chair of the committee does have the right to excuse the committee member in question from any conversation where a conflict has been called.

Human Resources Committee Responsibilities The Human Resources Committee is responsible for the following: Reviews and recommend all changes to the Human Resources Policy and procedures. Addresses and resolves all Human Resource grievances, approving any revisions to the accountability framework and job descriptions. Reviews recommended changes to the policy and related salary guideline All duties and responsibilities as outlined in Sipeknekatiks Human Resources Policy

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Human Resource Committee Structure/Appointments

Human Resources Authority/Mandate The Director of Operations will be authorized to dismiss any Sipeknekatik employee that is not considered a manager. The Human Resources Committee are authorized to grant special leave to any employee as per section 15.15 of the Human Resources Policy The Director of Operations is authorized to accept letters of resignation on behalf of the band from all staff members who are not considered managers. Employment Termination of Managers will require a motion of Council along with a recommendation from the Human Resource committee.

The Chief shall have a voting seat on all committees within Sipekne'katik administration. Chief The Director of Operations will serve as a non-voting Chair on the Human Resources Committee. The Director will be responsible to only vote in tie breaker situations. Director of Operations The Human Resources Manager shall have a voting seat on the Human Resouces Committee Executive Finance Of^icer/Finance Manager Four Band Councillors will be selected by way of a duly conviened Chief and Council meeting in the form of a motion. Any of these four Band Council members of the Human Resources Committee may change from time to time as determined by the Chief and Council in the form of a Band Council motion. Band Council The Band Solicitor will serve as a voting member on this committee Band Solicitor

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Please note that employees who wish to appeal a decision made by the Human Resources Committee must file their grievance with the Appeals Committee. Finance Committee Responsibilities The Finance Committee is responsible for recommending financial policies, goals, and budgets that support the mission, values, and strategic goals of Sipeknekatik and present to Chief and Council for approval. The committee also conducts a monthly review of the Bands financial performance against its goals and proposes and reports back to Chief and Council on its findings and analysis. The Finance Committee reports to Chief Council and is comprised of the Director of Operations, the Director of Finance and one member of Band Council (who does not have signing authority). If the Band is operating under an intervention agreement, the terms and conditions of the agreement override the powers of the Committee. A representative from the external intervention administrator will also be a member of the Committee. The Finance Committees specific responsibilities include: 1) Recommending policies that maintain and improve the financial health and integrity of the Band. 2) Reviewing and recommending a long-range financial plan for the Band. 3) Reviewing and recommending an annual operating budget and annual capital budget consistent with the long-range financial plan and financial policies. 4) Reviewing and recommending capital expenditures and unbudgeted operating expenditures that exceed the Director of Operations spending authority of $5,000. 5) Reviewing and approving capital expenditures and unbudgeted operating expenses that, per Council-approved policy, are above The Director of Operations authority but below the threshold required for Council approval of $10,000. 6) Reviewing the financial aspects of major proposed transactions, new programs and services, as well as proposals to discontinue programs or services, and making action recommendations to the Council.

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7) Monitoring the financial performance of the organization as a whole and its major subsidiary organizations or business lines against approved budgets, long-term trends, and industry benchmarks. 8) Requiring and monitoring corrective actions to bring the Band into compliance with its budget and other financial targets. 9) The Finance Committee will be responsible for administering Sipeknekatiks tendering process. The Finance Committee also has the responsibility for audit oversight, including working with the auditors to complete the annual audit process and ensure the Bands audit is complete and submitted on time. The Finance Committee also has responsibility for investment oversight, as may be made from time to time by the Band: 1) Recommending to Chief and Council policies governing investments and pension plans. 2) Recommending the selection of independent investment advisers and managers. 3) Reviewing reports from independent investment advisers and managers and reporting back to the Chief and Council.

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Finance Committee Structure/Appointments

Policy Committee As outlined in the Sipeknekatik Policy Change and Amendment Policy, when the administration requires a change to existing policies or wishes to implement a new policy, Chief and Council will pass a motion during a duly convened meeting to form a policy committee that will be comprised of the following individuals: i) The Chief of the Band Council; ii) Two other members of the Band Council; iii) The Band Solicitor; iv) The Director of Operations of the Band; v) If applicable, any other manager responsible for enforcing the policy, as determined by the Director of Operations of the Band. Band Council shall refer the proposal for a new policy, substantive amendment or rescission to the Policy Committee for review and reporting. The Policy Committee shall conduct a review of the development of the new policy, substantive amendment or rescission referred to it by Band Council, as the case may be. Where applicable, the Policy Committee shall develop draft language for the new

The Chief shall have a voting seat on all committees within Sipekne'katik administration. Chief The Director of Operations will serve as a non-voting Chair on the Finance committee. The Director will be responsible only to vote in tie breaker situations. Director of Operations The Executive Finance Of^icer will have a voting seat on the Finance Committee Executive Finance Of^icer The Finance Manager will have a voting seat on the Finance Committee Finance Manager Four Band Councillors will be selected by way of a duly conviened Chief and Council meeting in the form of a motion. Any of these four Band council members of the Finance Committee may change from time to time as determined by the Chief and Council in the form of a Band Council motion. Band Council

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policy or the substantive amendment to an existing policy. The policy committee will be expected to carry out their duties as per the Policy Change and Amendment Policy. Housing Committee

Principles The Housing Committee will function in accordance with the following principles: Housing will be allocated fairly and objectively and based on the criteria laid in this housing policy. The quality and state of housing in the Sipeknekatik Band should meet or exceed national or provincial standards, which ever is higher.

Responsibilities The Sipeknekatik Housing Committee will oversee the delivery of the Sipeknekatik Bands housing system in accordance with this policy. It will be responsible for: Allocating housing in accordance with this policy. Screening and selecting applicants for housing, etc. Resolving disputes and complaints in accordance with this policy, including disputes between tenants and landlords (owners of rental housing). Reporting to Director of Operations at least on a monthly basis. Reporting to the community annually. Advising Chief and Council and/or Director of Operations on all matters related to the housing policy. Working with the Director of Housing to ensure the policy is followed. Recommending amendments to the housing policy for the consideration of Chief and Council. Creating and amending housing-related forms and applications. Collaborating in effective community planning, when required. Keeping up to date on all Band policies, by-laws, and matters as they pertain to the housing program.

Composition The Housing Committee will be composed of nine (9) people who are registered members of the Sipeknekatik Band and who have reached the age of majority.

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The Chief will serve as a non-voting, ex-officio member of the Housing Committee and will chair committee meetings. The Director of Housing will sit as an ex-officio member of the Housing Committee. Ineligibility Those who are ineligible to sit on the Housing Committee include: 1. Elected officials may not sit on the Housing Committee during their term of office. The exception is the Chief who will sit as an ex-officio member of the Housing Committee and who will chair committee meetings. 2. Current First Nation staff (though they may be called in to provide advice or technical information to the Housing Committee). 3. Owners of private rental housing units. 4. Non-Sipeknekatik Band members. 5. Anyone with a conflict as defined by this policy or the Sipeknekatik Bands Conflict of Interest policy. Appointment Housing Committee members will be nominated by the community at a community meeting. If there are more candidates than positions, each candidate will have the opportunity to address the meeting. Speeches will be followed by a community vote (closed ballot) at that same community meeting and candidates receiving the majority vote (50 per cent plus one (1) ) will be named to the Housing Committee. Candidates must be present at the community meeting in order to be considered for a position on the Housing Committee. Only members of the Sipeknekatik Band may vote in Housing Committee elections. Members must be present at the meeting in order to vote. Term Members of the Housing Committee will be appointed to the committee for a term of two (2) years. The term for the Housing Committee will begin in a year in which the term of Chief and Council does not begin. Remuneration Participation on the Housing Committee will be voluntary.

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Meetings The Housing Committee will meet monthly. Special meetings may be called by the Chair of the Housing Committee, the Director of Operations, and/or the Director of Housing. Notice of meetings, minutes, and an agenda will be prepared by the Director of Housing and distributed to members of the Housing Committee at least seven (7) days in advance of meetings. Due to confidentiality issues, meetings will be closed unless the Housing Committee decides otherwise. Administrative support to the Housing Committee will be provided by the Housing Department. S/he will be responsible for taking and preparing meeting minutes but will not be a voting member of the committee. Meeting minutes will be prepared and circulated to members of the Housing Committee within seven (7) days of a meeting. Housing Committee members will then have three (3) days in which to comment on the minutes before they are finalized. All minutes will be reviewed and signed by the Chair of the Housing Committee. All signed meeting minutes will be maintained and catalogued in a binder in the Housing Department. Digital copies of the minutes will also be maintained by the Housing Department and will be backed up accordingly. Removal A member of the Housing Committee may be removed by Chief and Council if s/he:

Has not declared a conflict of interest. Is unwilling to remove oneself from a situation involving a conflict of interest. Breaches confidentiality. Receives personal benefits or gains as a result of sitting on the Housing Committee. Is convicted of an indictable offence. Misses more than three (3) consecutive meetings without just cause. When a member of the Housing Committee is removed before his/her term has expired, the community will appoint a new member to fill the vacancy at the next community meeting in keeping with the appointment process laid out herein.

Legal Committee The Legal Committee is responsible for seeking alternative dispute resolutions for Sipeknekatik legal issues. All alternative dispute resolutions need to be approved

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by Chief and Council during duly convened meeting. The committee is not authorized to bind the band. The Legal Committee will consist of the Chief, Band Solicitor, and Director of Operations. Education Committee The Education Committee will be responsible for making decisions surrounding Sipeknekatik education issues that are not addressed in our approved Educational based Policies and Procedures. Further, the Education Committee will be responsible for making recommendations to Chief and Council surrounding any type policy amendments or policy ratification. The education committee will be responsible implement Student Funding Probation and Student Suspension as outlined in the Post-Secondary Education Assistance Program Policy. The education committee will also provide overall guidance for any education-related issues within Sipeknekatik.

Education Committee Structure/Appointment

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Committee Appeals Process Decisions made by Sipeknekatik Committees are subject to an appeals process to be reviewed by the Chief and Council during a duly convened meeting This policy is subject to review and amendment and must be in compliance with existing law.

The Chief shall have a voting seat on all committees within Sipekne'katik administration. Chief The Director of Operations will serve as a non-voting Chair on the Education Committee. The Director will be responsible to only vote in tie breaker situations. Director of Operations Four Band Councillors will be selected by way of a duly conviened Chief and Council meeting in the form of a motion Any of these four Band council members of the Education Committee may change from time to time as determined by the Chief and Council in the form of a Band Council motion

Band Council Any employee that holds a Education-based manager's position such as Education Director, Principal, Vice-Principal, Director of Post-Secondary, etc., shall have a voting seat on the Education Committee

Education Managers

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Signature Page ______________________________________________ Chief Rufus Copage __________________________________________________ ________________________________________ Council Earl Sack Council Glen Knockwood ___________________________________________________ ________________________________________ Council Tom Howe Council Cheryl Maloney ___________________________________________________ ________________________________________ Council Colleen Knockwood Council Mary Ellen Syliboy ___________________________________________________ ________________________________________ Council Tim Nevin Council Alex McDonald ___________________________________________________ Council Jerry Sack ___________________________________________________ Council Doreen Knockwood ___________________________________________________ Council Michelle Glasgow ___________________________________________________ Council Keith Julian