Band Council & Advisory

 Chief Joanne (White) Miles     

Bio of Joanne (White) Miles

Joanne (White) Miles is a strong Mi’kmaq leader.  She currently resides in St. Teresa’s, NL with her husband, Randy. Joanne is a mother of two beautiful children (Justin and Kayla) and the proud grandmother of three granddaughters.  She is the local chief of the Flat Bay Indian Band, where she has spent over 25+ years volunteering and helping her community.  Joanne is currently retired from the education field as executive assistant where she worked for over 37 years Newfoundland and Labrador English School District. She has dedicated her spare time to helping the youth as an executive officer with 194 Sea Cadet unit and is also a Duke of Edinburgh Leader for over 20 years and completed the following military achievement courses: canoe instructor, Human Rights advisor, Biathlon coach, administrative officers’ course, and basic officers’ qualifications.

Joanne has a vast knowledge of boards and sat on a variety:  she was the Western Vice -President of Newfoundland and Labrador Association of Public and Private Employees for 12 years; Area board member for 6 years, and she was the General Vice-President of the Newfoundland and Labrador Federation of Labor for two years.  She also sat on the Human rights committee for the national union for three years. 

 Joanne is an activist who believes in equal rights and has rally regionally, provincially, and nationally to support those who need it.  She is an advocate for women’s issues and is the president of the Native Women’s Association in her area, she is also a director on the Aboriginal Women’s Provincial board (Newfoundland Aboriginal Women’s Network).  Joanne currently sits on the women’s council for the Assembly of First Nation and is also the chair of the caucus of women leaders for the Assembly of First Nation.   She has served on many agencies and boards in various capacities including the “Indigenous Health Working Group for Covid 19”, the Indigenous School Food Circle to help introduce a balance of indigenous food into our school, and Marine Biomass Innovation (MBI) 5 year project with multi universities. 

Joanne have completed training from the College of North Atlantic in risk management & effective governance practices, mediation training, participated in project management community Capacity building Program, Communications II, Alternative Disputes, Meeting Management, and Strategic Planning, Group Dynamics. Completed a two-week course in Strategic planning for Negotiations.  Completed both workers Compensation courses in Prime and RTW Planning.

Scope of Responsibilities 

• To represent the position of cultural figurehead of the Flat Bay Band Inc.
• To be the Chair of meetings and break ties to make decisions which govern the principles and objectives of the Constitution by honoring the reflective By-laws.
• To meet with Management on a regular basis and review operations, policies, procedures, activities and assist with making recommendations, as needed.
• To work with Management, Council and/or Committees to address public concerns, suggestions, request, questions and feedback that are complex by nature.
• To remain informed with the Flat Bay Band Inc. programs, ensure that confidentiality is followed and help to properly communicate information to the public. 

Vice Chief Nancy Nelma

Bio of Nancy Nelma

Nancy is a dedicated professional deeply rooted in the Mi’kmaw community of Flat Bay, where she was raised and continues to reside with her family. With a career spanning over a decade, Nancy is an Employee Relations Assistant within the Human Resources department at the College of the North Atlantic (CNA). Her role at CNA has allowed her to contribute significantly to the institution, leveraging her expertise in employee relations to enhance the work environment and support the college’s staff.

Beyond her commitment to CNA, Nancy brings a wealth of experience from the Travel & Tourism and Community Development sectors. This diverse background has equipped her with a unique set of skills and perspectives, enabling her to contribute to various initiatives and projects.

Nancy’s passion lies in the betterment of her community. She is dedicated to fostering partnerships and working collaboratively to create and develop sustainable solutions for the communities she serves. Her efforts are driven by a deep commitment to ensuring the prosperity and sustainability of her community, making her a valuable asset to the Mi’kmaw community of Flat Bay and beyond.

Scope of Responsibilities 

a) To represent the position of cultural figurehead of the Band, in the Chief’s absence and/or co-represent as needed;
b) To be the vice-senior officer and break ties in making decisions which govern the
principles and objectives of the Constitution by honoring these by-laws and to serve on the By laws Committee.

Board of Directors 

The Directors (3 positions) one representative for each of the three areas in the territory, those being: Flat Bay East, Flat Bay West and St. Teresa’s. The roles and responsibilities of the directors are:

Scope of Responsibilities of Board of Directors

a) To participate in decisions which govern the principles and objectives of the Constitution
by honoring these by-laws and reviewing reports presented;                                                                b) To assist in serving on the Hiring and Selections Committee (HSC), as per section 6.4 and
report to Council and to assist the Financial Accountability Committee (FAC), as per section
6.3;
c) To bring forth public concerns, suggestions, request, questions and feedback from the
community they represent and work with Council and/or sub-committees to address
and/or resolve them.
d) To remain informed with the Flat Bay Band Inc. programs, ensure that confidentiality is
followed and help to properly communicate information to the residents in their
community.

St. Teresa Representation

St. Teresa Rep – Janet (White) Miles

Bio of Janet (White) Miles 

Janet Miles was born and raised in now living in born and raised in the Mi’kmaw community of Flat Bay, NL where she still lives today. She is a mother to one son and a daughter and has 3 lovely Granddaughters. 

Janet is a retired Licensed Practical Nurse Personal Care Attendant who has assisted many of our community seniors. She is currently the Band Council Representative for the St. Teresa community of Flat Bay and has served on council for 15 years. Prior to council she has been serving in the Mi’kmaw movement and volunteering for over 40 years. She has been a member of the Flat Bay – St. Teresa Native Women’s Association for the last ten years.

Flat Bay West Representation

Flat Bay West Rep – Joyce Nash

Bio of Joyce (White) Nash

Joyce Nash was born and raised in the Mi’kmaw community of Flat Bay where she still lives today with her husband, Ben Nash. She is a mother of two beautiful children (Adrian & Sara) and the proud grandmother of four Grandchildren, two girls & two boys. 

 In 2019, she retired as a Licensed Practical Nurse for the BSG Long Term Care Centre after also spending over 25 years volunteering and serving her community and the Mi’kmaw movement. 

She dedicated herself to the board of the Barachois Development Association until its closure and in 2019 accepted the role of Representative for the Flat Bay West section of the Flat Bay Band Inc. council. Her vast knowledge of board representation, her community and the Mi’kmaw profile it quite an asset to our team. She is also an active member the Flat Bay – St. Teresa Native Women’s Association. 

Flat Bay East Representation

Flat Bay East Rep – Bernadine (Perrier) Blanchard

Bio of Bernadine (Perrier) White 

Bernadine Blanchard comes from a long family line of Mi’kmaw leaders and community contributors.  She currently resides in Flat Bay East, NL and is a mother to two children (Scott and Ashlee). 

She has a background in Accounting and is a successful business owner today of Perrier’s Convenience since, part-owned and operated since 1995.

Bernadine led into her role as Flat Bay East Rep for the Flat Bay Band Inc, with already having over 40 years in the movement and volunteering in the community.

For years she and volunteered with the Flat Bay Children’s Resource Center and is a known youth advocate. Her devotion to the community lasted 37 years of managing and upkeeping the local Community Centre, all the while, serving as a Religion program leader and in other Church areas.

BY-LAWS

A.  BAND COUNCIL GOVERNANCE

1. THE BAND COUNCIL – ROLES AND RESPONSIBILITIES

1.1 The Purpose of the Band Council is to govern the principles and objectives of the Constitution by executing these by-laws.          

1.2 The Band’s Mission statement is,“We are a non-profit village council developing the 99% Mi’kmaw community of Flat Bay E, W & St. Teresa and representing it’s fourth generation members who live in the community as well as all over Canada/Nation. Our mission is to maintain a self-governance structure and cultural authenticity while filling service gaps, delivering customized initiatives in Social Development, Health & Wellness, Community Development & Creative Expressions and mentoring the other identified Mi’kmaw community bands on the island portion of Newfoundland.”

1.3 The Band Council is made up of Five (5) Officer Positions. The Chief, a Vice-Chief, and the three remaining officers/directors.

1.4 Chief (1 position) roles and responsibilities are:

a) To represent the position of cultural figurehead of the Flat Bay Band Inc.
b) To be the Chair of meetings and break ties to make decisions which govern the principles and objectives of the Constitution by honoring the reflective By-laws.
c) To meet with Management on a regular basis and review operations, policies, procedures, activities and assist with making recommendations, as needed.
d) To work with Management, Council and/or Committees to address public concerns, suggestions, request, questions and feedback that are complex by nature.
e) To remain informed with the Flat Bay Band Inc. programs, ensure that confidentiality is followed and help to properly communicate information to the public.

1.5 Vice-Chief (1 position) roles and responsibilities are:

a) To represent the position of cultural figurehead of the Band, in the Chief’s absence and/or co-represent as needed;
b) To be the vice-senior officer and break ties in making decisions which govern the principles and objectives of the Constitution by honoring these by-laws and to serve on the By-laws Accountability Committee (BAC) as per section 6.2.
c) To assist Chief and Management with making recommendations on Band’s operations, policies, procedures, activities, as needed.
d) To assist Chief, Management, Council and/or Committees to address public concerns, suggestions, request, questions and feedback that are complex by nature.
e) To remain informed with the Flat Bay Band Inc. programs, ensure that confidentiality is followed and help to properly communicate information to the public.

1.6 The Directors (3 positions) one representative for each of the three areas in the territory, those being: Flat Bay East, Flat Bay West and St. Teresa’s. The roles and responsibilities of the directors are:

a) To participate in decisions which govern the principles and objectives of the Constitution by honoring these by-laws and reviewing reports presented;
b) To assist in serving on the Hiring and Selections Committee (HSC), as per section 6.4 and report to Council and to assist the Financial Accountability Committee (FAC), as per section 6.3;
c) To bring forth public concerns, suggestions, requests, questions and feedback from the community they represent and work with council or sub-committees address resolve them.
d) To remain informed with Flat Bay Band Inc. programs, ensure that confidentiality is followed and help properly communicate information to the residents in their community.

2  MEMBERSHIP

2.1  Members – Flat Bay Band Inc. Band List: Only those persons admitted to membership in accordance with these By-Laws, and no others, shall be members of the Band and their names shall be entered on the Flat Bay Band Inc. band list accordingly. While the Band Council will make every effort to keep the list and member contact information updated, it will be the primary responsibility of its Members to report new information for updates.

 2.2  Admitting a Member to the Flat Bay Band Inc. Band List: Applications may be received by Management at any time and shall be referred to the Band Council for a determination.      

a) The Band Council shall admit any person, without bias, who has submitted an application and meets the criteria set out in these By-Laws described in Section 2.3.
b) Where there is reasonable doubt for an applicant’s criteria, the application should be paused until the applicant provides more information to warrant acceptance or denial.
c) Upon admitting any person into the membership, Management shall enter that person’s name and contact information on the Band List as a Member of the Flat Bay Band Inc. and file their updated form and supporting documentation in their membership file.
d) Both acceptance and denial of applications shall be followed up with a letter within ninety (90) days of the Band Council decision.

2.3  Membership Criteria: The Band Council in determining its own membership shall use the following criteria:

(a)  Demonstrated Mi’Kmaw descent through either of the following:

i) Census records demonstrating Mi’kmaw genealogy (French Indian and/or Indian) living in the territory within four (4) generations;
ii) The first-generation member is a direct descendant of the census link and can show relation by another census link, historical documentation and/or an affidavit; or
iii) Descent (birth or legal adoption) showing that he/she is a direct descendant from any person that meets any of the criteria contained above.

Plus    

(b)  Substantial connection to the Village/Community:

i) Former or residency in the Village/Community,
ii) Mi’kmaw family links being former or current residents of the Village, within four (4) generations.

2.4  A member in Poor Standing:  A member who is deemed not in good standing is someone who has caused unnecessary strain and/or undo harm to the band council officers, staff and/or band operations and has been given notice of disciplinary censure.

2.6  Repeal of Poor Standing Status – The member in poor standing must file a letter of request to the By Laws and Accountability committee to repeal status. The member must demonstrate:

a) That he/she understands the issues they caused and its negative impact.
b) Demonstrate a genuine empathy for the issues caused.
c) Demonstrate that he/she has not repeated any like issues in a full period of 3 (three) years.

2.7  Process of Repeal– The By-laws and Accountability has ninety (90) days to investigate the Request for Repeal and circumstances that led to Poor Standing status.

a) Response to the applicant of acceptance of the Repeal, must accompany a letter in writing within thirty (30) days.
b) Results of the Repeal must accompany a letter in writing within ninety (90) days informing the applicant/member and the Flat Bay Band Inc. of the results.
c) If the applicant/member has not been given back good standing, her/she may reapply after one (1) calendar year has passed.

3  ELECTION OF OFFICERS

3.1 Band Council – Officer Positions: Consists of five (5) positions: Chief, Vice-Chief, and three Directors. 

3.2 Elections Committee: The By-laws Accountability Committee (BAC) shall serve as the Elections Committee.

a) Should a representative of the BAC Committee become a running candidate in elections, then the candidate/representative must temporarily remove him/herself from the elections committee;
b) It will be the responsibility of the remaining BAC representative(s) to appoint an un-bias, representative to replace the running candidate/representative until elections are concluded;
c) The elections committee shall execute a campaign/elections protocol that reflects these By-laws and a generally acceptable democratic process;

3.3 Election Location and Time-lines: The election(s), shall take place at the Annual General Assembly (AGA) every four (4) years.  

3.4 Public Notice: Public notice of an election should be advertised thirty (30) days before the date of the scheduled Annual General Assembly (AGA), should include details of the election process, and should be provided to all voting members by postal mail.

3.5 Running Candidates: Any eligible member seeking either to run for the position of Chief, Vice-Chief, or a Director, must file a nomination form with the Band at its office no later than ten (10) business days prior to the AGA election date. The running candidate must also attach the following documentation:

a) Proof of age (Government I.D.)
b) Proof of residency in the community they intend to represent; Flat Bay East, Flat Bay West or St. Teresa’s, for no less than six (6) months before the deadline to file the nomination. (Standard of evidence is proof of address by a utility bill)
c) Proof of an updated and Clear Record of Conduct and Vulnerable Sector’s Check under the Newfoundland Provincial Court.d) Proof of being on the updated Four Generations Membership list, dated before the end of the fiscal year July 31.(Copy of the registry form, Updated Band list or letter from the Flat Bay Band Inc.)

Further approval of a running candidate will be conducted by the Election Committee to determine that the running candidate;

a) Meets the voting qualifiers listed in Section 3.6.
b) Is not an employee of the Band, or an employee or representative of any company or organization that may be deemed as a conflict of interest to the Flat Bay Band Inc. for at least six (6) months before the deadline to file the nomination.
c) Are not in Poor Standing as per section 2.4.
d) Runs in compliance of the protocols assigned by the BAC – elections committee.

3.6 Voting Member: Voting Members shall meet all of the following qualifiers:

1. Must be the age of eighteen (18) or more years
plus
2. Must be on the updated Four Generations Membership list dated before the end of the fiscal year July 31.
plus
3. Must live in the Village/Community for no less than six (6) months before the deadline to file the nomination OR be accepted as an Out-of-Community Voter.

3.7 Out of Community Voters: Members of the updated Flat Bay Four Generations Membership List (before the end of the fiscal year July 31st) who do not live in the community may apply to be an out-of-area voter by demonstrating that they show a outstanding participation in the Flat Bay Band Inc. community and culture, despite not living in the community. They must meet a minimum of two (2) qualifiers in each section. 

SECTION A

1. Proof of having attended three out of five AGA’s in last five years.(Minutes and attendance records of the past five AGA’s)
2. Proof of having attended three out of five Powwows in last five years. (Photos with affidavits of the date, within the last five years, or letter from the Flat Bay Band Inc. or of having worked or volunteered at the powwow)
3. Be commonly known and accepted volunteer with the Flat Bay Band Inc. (Letter from the Flat Bay Band Inc. of having worked or volunteered within the last five years).

SECTION B

1. Be on Email Memo List and provide questions or feedback from time-to-time.(Letter from the Flat Bay Band Inc. or Email copies form the last five years).
2. Be an “active” participant the Flat Bay Four Generations Group, having posted topics of interest a minimum of three times and/or or updated their family profile at least once each calendar year.(Copies of activity on the page within the last 5 years).
3. Be an active participant in any of the Band’s on-line groups. such as language programs. (Copies of site activity)

3.8 Accepting a Member as an Out of Community Voter – Applications may be received by Management at any time and shall be referred to the Band Council for a determination.

a) The Band Council shall admit any person, without bias, who has submitted an application and meets the criteria set out in these By-Laws described in Section 3.6 and 3.7
b) Where there is reasonable doubt for an applicant’s criteria, the application should be paused until the applicant provides more information to warrant acceptance or denial.
c) Upon admitting any person into the membership, Management shall enter that person’s name and contact information on the Out of Area Voters List with supporting documentation in their membership file.
e) Both acceptance and denial of applications shall be followed up with a letter within ninety (90) days of the Band Council decision.

3.9 Powers of Out of Community Voters – Members who have been accepted as Out-of-Area Voters have the power to vote at AGA meetings and Elections but they do not  have the power to run in an election for a position on Band Council.

4 TERMINATION OF OFFICERS

4.1 Terminating an Officer: An Officer (Chief, Vice-Chief, Director) may be terminated by a vote of  51% of the Band Council for any of the following reasons:

(a) Refusal or repeated failure to comply with the principles and objectives of the Flat Bay Band  Inc. or disciplinary actions thereof.

(b) Revealing information to the general public and/or the media that has been classified as  confidential by the Band Council and refusal or repeated failure to comply to disciplinary actions  thereof.

(c) Being absent from three (3) annual meetings of the Band Council without leave of absence being  granted by the Band Council beforehand and refusal or repeated failure to comply to reprimands  thereof.

(d) Inability to remain in good standing and/ or partaking in activities or communications that  jeopardizes the Flat Bay Band Inc. success and credibility and refusal or repeated failure to comply to reprimands thereof.

(e) Failure to present and maintain Clear Record of Conduct and Vulnerable Sector’s Check under the Newfoundland Provincial Court.

4.2 Appealing a Reprimand or Termination: A terminated officer of the Band Council, within ten (10)  days of receiving written notice of his or her termination, may appeal the decision of the By-Laws  Committee of the Flat Bay Band Inc. pursuant to the appeal process contained in Section 11.

4.3 Leave of Absence and Resignations of an Officer: An officer may take a leave of absence or resign  from his or her position by giving detailed written notice to the Band Council fourteen (14) days  prior to leave.

4.4 Terms of the Band Council Positions: Officers shall hold their positions for three (3) year terms  or until replaced at an election or upon incapacity, resignation or death. Should a position become  vacant, the Band Council shall assign those duties to the next subordinate position. If any Band  Council position becomes vacant and is not filled by another Band Council officer, the Council may  look to appoint within the membership/resident to fill the position in an acting role. Any person  appointed to assume the responsibilities of a Band Council position shall do so until the Band’s next  election, or until there is an election to fill the vacancy. In situations of leave of absences, the position  will be filled by an acting officer as per these appointment methods and he or she will fill that role  only until the previous elected Officer returns to the position.

5 POWERS OF THE BAND

5.1 Quorum: Quorum is 50 plus 1% of Band Council attendance to a Band Council meeting and 50 plus  1% of public meeting or AGAs.

a) The Chief does not vote unless to break a tie or make quorum in the absence of an Officer.

b) If a quorum is not present at a meeting, then the meeting shall stand adjourned until such time and place that the majority are again present.

5.2 Decisions of the Band: Power over decisions reflect nature and scope and discretion should be  used as follows:

a) The authority of decisions of the Band shall be vested in the Band Council to make decisions which govern the principles and objectives of the Constitution that honor these By-laws.

b) Major, outstanding decisions that affect the jurisdiction, environment, health and welfare of the membership shall be publicly communicated at an AGA or special public meeting or a formal survey, for a 51% quorum decision.

c) No Constitutional reflective business such as to repeal or amend any of these by-laws shall be transacted unless through an AGA and by a quorum vote.

5.3 Termination of the Band: The Incorporated Body of the Flat Bay Band Inc. shall only be terminated  with the 51% approval of the entire voters list at a meeting called for such purposes or formal survey conducted by an unbiased, external firm.

5.4 Dissolution of Assets: In the event that the Flat Bay Band Inc. is terminated, all remaining assets after dissolution and after paying all liabilities shall be distributed to one or more recognized charitable, non-profit organizations or social enterprise in the Village/Community or Membership.

5.5 Refusal of Access: The Band Council and/or Management has the power to refuse access to the band office, grounds, programs and services to the public, members or residents who;

a) Demonstrates illegal, abusive, violent, corrupt or repeated nuisance-like behavior.

b) Partakes in unfair activities or communications that jeopardizes the safety, credibility and continued success of the Flat Bay Band Inc, staff, partners or officers, and denies an opportunity for discussion and clarification of the issue.

c) Refuses or fails to comply with warnings, thereof.

d) Is individual deemed as in Poor Standing or subject to any form of sanction, suspension, or disciplinary censure.

5.6 Replacement of Staff, Committees & Representatives – The Band Council does not hold a right  to replace and/or terminate any full-time or part-time Core Employee, Committee Representatives  or Contracts that have been secured by Management, unless:

a) The employee fails to meet their job responsibilities, after evaluation and a probation period has been served by Management and results in a recommendation from Management to the Band Council to terminate the employee. The Band Council would need a 51% vote after  thorough review and consideration of Management’s recommendations.

b) Three (3) years have passed since last renewal of a Committee Representative portfolio. At this time, there is an opportunity to replace a Committee or any such Representatives as per section 6. The Band Council would need a 51% vote after a thorough evaluation of their  services and options for new representation who can fill the role in a better capacity.

5.7 Terminating Contracts – The Band Council does not hold a right to replace and/or terminate any  government agreements or partnerships in process. The agreement will have a closing date and the terms of that agreement and its partnership roles, must be fulfilled to its project end. The Council may choose not to reapply for the same agreement and/or choose new partners in future  projects who can fill the role in a better capacity.

OPERATIONAL GOVERNANCE

6 SUB-COMMITTEES & ASSISTING REPRESENTATIVES– ROLES AND RESPONSIBILITIES

6.1 The purposes of sub-committees are to involve more Member participation in governance  procedures, so as to maximize skills and resources and to demonstrate transparency by involving  external, professional and un-bias participation. These are unincorporated sub-committees of the  Flat Bay Band Inc. Representatives of these committee are volunteer and appointed by the Flat Bay  Band Inc. based on their skills and background and knowledge of the community profile. These  committees may be re-appointed every five (5) years, if desired by the Flat Bay Band Inc. For inside  perspective, each sub-committee requires at least one (1) Band Council officer within its  representation.

6.2 By-Laws Accountability Committee (BAC): The BAC consists of four (4) appointed  representatives; Vice Chief, an Honorary Elder as per section 6.6 and a minimum of two external  representatives, preferably with backgrounds in law and policy enforcement.

a) To ensure that Band Council understands and makes decisions which appropriately govern the principles and objectives of these Constitution and By-laws, by advising them on an, as needed basis;

b) To administer By-law recommendations, updates and resolutions, as needed;

c) To chair the Annual General Assembly;

d) To administer the elections and campaign protocol and process;

e) To review and process appeals and responses;

f) To address legal counsel if required and forward recommendations to the Band Council.

6.3 Financial Accountability Committee (FAC): The FAC consists of three (3) appointed  representative: 1) Finance Department (Staff Representative) 2) Band Council Director (Council  Representative) and 3) An external representative, preferably with an accounting, commerce  background. Their roles and responsibilities are:

a) To ensure that the Band’s financial activity is in keeping with GAAP, Generally Acceptable Accounting Polices.

b) To perform quarterly financial investigations and report all noted highlights and recommendations to the Band Council at Band Council meetings.

d) To perform an annual financial investigation and report all noted highlights and recommendations to the Band Council before the Annual General Assembly.

e) Be present at the Annual General Assembly or any meetings reflective of financial scrutiny.

6.4 Hiring & Selections Committee (HSC): The HSC is not necessarily represented by recurring  individuals. Each time a hiring process is called for, the Flat Bay Band Inc. will look to fill the  committee with varying representatives who are un-bias to the applicants. Representation should  be comprised of one (1) Band Council Officer, one (1) External Member from the  Village/Community or Membership and one (1) Project Staff; Human Resource staff or a Project  Partner. Their responsibilities are:

a) To protect the constitutional priorities of individual targets, honor funding eligibility and consider choice determinants for suitability by hiring and selecting according to the determinants in section 8.

b) To appoint one representative as an observer/scrutineer on each hiring committee and to make a report in writing, on the processed followed and outcomes.

c) To submit applicant resumes, job postings, reference checks, assessment and/or interview score sheets to the Band for future reference.

d) To ensure that one of the hiring representatives have contacted and informed ALL applicants of their results outlining their strengths and weaknesses in the interview and provide recommendations for future success.

e) Be present at the Annual General Assembly or any meetings reflective of hiring scrutiny.

6.5 Water & Waste Committees: Flat Bay West Water Committee and St. Teresa’s Waste Committee.  They help to maintain and update the water and waste services in Flat Bay West and St. Teresa’s  their roles are:

a) To collect resident fees and pay expenses for maintaining the services.

b) To reconcile bank statements and report to the Flat Bay Band Inc. twice a year for HST processing and as requested by the Band.

c) To apply Generally Acceptable Accounting Procedures.

d) To keep the services maintained and updated, include repairs as needed.

e) To communicate with the public on behalf of the Flat Bay Band Inc. and to represent the Flat Bay band Inc. in a fair and confidential manner.

f) To report updates, boil orders, water shut offs to the community and Band as required.

g) To follow the policies and procedures of the NL Department of Health & Environment where it applies to water and waste regulations; and

h) To work in harmony with the Flat Bay East Local Services District.

6.6 Honorary Elders – One in-community Elder and one out-of-community Elder are chosen by the Flat Bay Band Inc. to assist them on various matters and profiles. Elders must be a updated member of the Flat Bay Band Inc. The role of Elders of the Flat Bay Band Inc. are:

a) To serve as a cultural figurehead, mentor, story-teller, teacher or presenter, as needed.

b) To spearhead portfolios that are within their skill and knowledge base such as political lobbying, land claims, self-governance models. These portfolios are typically assigned to the Elders by the Flat Bay Band Inc.

c) To provide wise council to the board and override any decisions or actions by any band council officer (including Chief and Vice Chief) if deemed as unprofessional, illegal or unethical decisions.

d) To serve as peace-makers, between parties, as required.

e) At least one (1) of the Elders should serve on the By-laws committee as per section 6.2.

7 FINANCIAL OPERATIONS

7.1 Generally Accepted Accounting Procedures: The Band should follow a common set of accounting  principles, standards and procedures to compile their financial statements; which shall be a  combination of authoritative standards and commonly acceptable ways of recording and reporting  accounting information. The general rules should reflect financial accountability practices and may form the groundwork on which more detailed, complicated, and legalistic accounting applications  are applied.

7.2 Financial Reports: The Band shall provide transparent financial reports in the following forms;

a) An investigated, reconciled, fiscal summary, at the Annual General Assembly.

b) In detail and with supporting documents to the quarterly FAC meetings.

c) With quarterly detail and FAC report, to the Band Council at each quarterly Band Council meeting and with supporting documents accessible for deeper investigation.

d) In detail, within agreement time-lines, with supporting documents and activity reports to funding

As required;

e) As required, on topic and with supporting documents to investigating government departments and/or auditors.

f) As required, on topic and with supporting documents for addressing questions by Members and at a Band Council meeting.

7.3.1 Pay and Compensation for Band Council Officers:

a) All positions as described in Section 1 are un-paid, volunteer. There is no pay for these duties unless they become over-burdened and/or extend to other duties. In such a case, a professional fee, bonus, contract, traditional gift, or honoraria may be paid where it is  generally felt and warranted.

b) Compensation; subject to Band business such as; travel & vehicle, loss of wages, satellite office, and any other out-of-pocket expenses required to perform that duties are mandatory.

8 HIRING

8.1 External Job Postings: All directly funded, new project job positions shall be publicly advertised and open to fair and equal competition, stating job description and the qualifiers in the job ads.

8.2 Internal Job Positions: Internal job positions, free of public advertising can be utilized under the following conditions:

a) Renewal of Job Positions: When the same position and or funds become available; where an individual (paid or unpaid) has first acquired the role through open and fair competition and has demonstrated expertise.

b) Individual-Based Wage Subsidy Programs: Wage and wage subsidy programs that are only available on behalf of the individual eligibility.

c) Grand-fathering: This method can be used to assign an individual into a core position only, where the individual (paid or unpaid) has previously been fulfilling the role and demonstrates expertise.  Core meaning, operational positions that, if paid, are from administrative & general  funds.

8.3 Special Circumstances: The Flat Bay Band Inc. / Human Resources may fill job positions without further advertising under special circumstances such as:

a) Where a funding agency has given too short of notice or no notice for hiring or selection.

b) Where a position or opportunity has been advertised but no one has applied.

c) Where a position or opportunity has been advertised and only one eligible person one has applied. 

d) Small, casual, immediate jobs/contracts.

8.4 Hiring / Selection Priorities: To protect the constitutional priorities of individual targets, honor  funding eligibility, qualifications and choice standards for hiring and selections, the following  determinants must be followed:

a) For hiring/selecting participants for programs, services and job positions, the funding eligibility, suitability & qualifications standards, are first and foremost and this is non-negotiable. Eligibility criteria, qualifications and minimum suitability scores must be outlined before the  interview/selections process takes place

b) Members + Residents applicants must be considered first

c) If no one meets the eligibility criteria, qualifications, minimum suitability scores as be outlined, the additional priorities must be considered in a second review;

1. 1. 1. 1. • Members (2nd priority)
            • Non-Mi’kmaw citizens (3rd priority)
            • Indigenous people of other bands, communities & organizations (4th priority).

9 MEETINGS & PUBLIC COMMUNICATION

9.1 Annual General Meeting: An Annual General Meeting (AGA) shall be conducted and shall provide  the following features:

a) Held within ninety (90) days of the end of each fiscal year.

b) Held within the Village/Community.

c) Process Elections every three (3) years

d) Presentation of updated reports, those being:

i) Updated membership list
ii) Minutes of the last AGA meeting
iii) A fiscal programs & activity report
iv) A fiscal financial summary
v) Pending and other business

9.2 Public Communication: On-going public communication is mandatory to membership/residency:

a) Public notices may be in the form of postal memos, newspaper, cable channel, radio, emails or website updates etc.;

b) Shall be current and provide detailed and timely updates of all projects, activities and job postings;

c) A minimum of four (4) public communication methods must be put out in each fiscal year.

9.4 Band Council Meeting: In addition to an Annual General Assembly and special meetings, a  minimum of three (3) Band Council meetings should be held each fiscal year. Notice of all meetings,  specifying the time and place thereof shall be given either orally or in writing to each Band Council  Officer within a reasonable time before the meeting is to take place. Non-receipt of such notice by  any officer shall not invalidate the proceedings at any meeting of the Band Council.

9.5 Special Meetings: Special meetings relating to outstanding issues of concern to the residency and/or membership may be called by any of the Band Council member to take place within ten (10)  days.

10 CODE OF ETHICS

10 Code of Ethics: Ethical practice shall be followed by the Flat Bay Band Inc. to regulate the positions and professional responsibility. Such shall represent behavior, principles, values and standards that  guide the decisions, procedures and systems of the Band in a way that contributes to the welfare  and rights of all constituents affected by its operations.

a) A Conflict of Interest: Conflict of interest occurs when an officer demonstrates interests which could possibly corrupt the motivation for an act or decision. Officers who are at risk of conflict of interest shall remove themselves or be removed from voting activities.

b) Outside Employment: In cases where an officer’s outside employment or business compromises an activity of the Flat Bay Band Inc.; the Officer should remove him/herself from decisions that affect the Flat Bay Band Inc. position.

c) Family Interests: In which an officer’s immediate family member is undergoing a hiring or selection process, appeal or any sensitive activity, the Officer (relative) should be excused from any hiring, review and decision-making responsibilities.

d) Bribes: Accepting cash bribes in return for unfair acts against the Band is classified as corrupt and any Officer or member of the Band found to be fallible in this case and should be referred to the BAC for consideration of reprimand or termination as per section 4.

e) Confidentiality: Flat Bay Band Inc will maintain the confidentiality of personal information and adhere to any applicable privacy legislation and any agreements entered into regarding the handling of personal information.

11 APPEALS

11.1 Submitting an Appeal: Shall be processed accordingly by the plaintiff;

a) Submitted by written notice within thirty (30) days of the incident;

b) Addressed to the Flat Bay Band Inc. By-laws Committee Box 15, Site 2, RR#1 Flat Bay, NL, A0N 1Z0

Plus

d) It shall contain the date of the appeal, contact information of the plaintiff, details of incident such as the nature of the appeal, event times/dates, witnesses and supporting documentation if required

e) It should be signed by the plaintiff or come from a valid email account of the plaintiff.

11.2 Process of Appeals – The By-laws and Accountability has ninety (90) days to investigate the appeal.

a) Response to the applicant of acceptance of the Repeal, must accompany a letter in writing within thirty (30) days.

b) Results of the Repeal must accompany a letter in writing within ninety (90) days informing the applicant/member and the Flat Bay Band Inc. of the results.

12 OTHER

12.2 Location of Documents – The files of the Flat Bay Band Inc. contracts, deeds, financials and membership shall be stored in the Flat Bay Band Office at 10 Band Rd. Flat Bay, NL.

12.3 The Fiscal Year of the corporation shall be the period from the 1st day of August in any year to the 31st day of July in that year duration.

12.4 Election vote for a New Chief and/or Majority of Board– Where there is an election voting that results in a new Chief and/or a majority of the former board, the following measures would be taken to help ease the transition:

a) Newly Elected board Reps will start their term ninety (90) days after being elected in.

b) The Outgoing Officers should work with Management and the rest of the Council to ensure that the following items are completed and submitted by the end of the fiscal year, July 31st, 2019.

i. All T4s due to government for the previous year
ii. GST files are submitted up to date
iii. Project agreements & reports that end within the fiscal year of August 1st to July 31st
iv. Workman’s Compensation annual fees are paid up to date
v.  All Employee Contracts are updated
vi.  Policy Manuals are updated

Honorary Elders

One in-community Elder, one out-of-province Elder and one Grandmother are chosen by the Flat Bay Band Inc. to assist them on various matters and profiles. 

Scope of Responsibilities

The role of Elders of the Flat Bay Band Inc. are:
a) To serve as a cultural figurehead, mentor, story-teller, teacher or presenter, as needed.
b) To spearhead portfolios that are within their skill and knowledge base such as political lobbying, land claims, self-governance models. These portfolios are typically assigned to the Elders by the Flat Bay Band Inc.
c) To provide wise council to the board and override any decisions or actions by any band council officer (including Chief and Vice Chief) if deemed as unprofessional, illegal or unethical decisions.
d) To serve as peace-makers, between parties, as required.
e) At least one (1) of the Elders should serve on the By-laws committee as per section 6.2 of By-laws.

Community Elder – Elder at Large

Elder Dr. Calvin White

Scope of Advisory Services

• Self-Governance & Land Claims portfolio
• Individual Coaching
• Sharing Circles
• Teachings & Presentations
• Conflict Resolution
• Education & Awareness Talks & Presentations
• Political Lobbying

Bio of Calvin White  

 Mi’kmaw, and born and raised in Flat Bay, N.L., Calvin White is one of the founders of the Aboriginal revival in Newfoundland and Labrador.

In the 1960s, he helped organize Aboriginal families in the province, including those in Conne River and Labrador, to form the Native Association of Newfoundland and Labrador, which later became the Federation of Newfoundland Indians (FNI). Mr. White is one of the original petitioners in the 1989 legal action brought by the FNI against the federal government, which eventually resulted in the agreement to form the Qalipu Mi’kmaq First Nation.

He also owned and operated a hunting and fishing lodge and continued to manage the lodge until retirement in 2011.

A former chief of the Flat Bay band and president of the FNI, Mr. White has also served on many national boards, including the Native Council of Canada, the National Indian Brotherhood, the Aboriginal Liberal Commission and the National Council of Welfare.

In the province, he has served on the boards of the Newfoundland and Labrador Friendship Centre, the Rural Secretariat, the Regional Economic Development Board, the Community Business Development Corporation and the Newfoundland and Labrador Outfitters Association.

Mr. White helped organize the first Aboriginal powwow in Bay St. George, today one of the largest powwows in Atlantic Canada, hosted in his home community of Flat Bay. He has helped mentor Indigenous youth, as an elder advisor for skills linking programs mentoring some 40 young adults. He still serves as an advisor, with the Flat Bay Band Council.

Elder White has also served the Memorial University of Newfoundland community through his collaborations at Grenfell Campus. For nearly a decade, he has assisted in research projects and community engagement initiatives pursued by Grenfell faculty and staff. He has facilitated a number of Aboriginal talking circles on campus, has worked with faculty on research and participated in the successful 2013 symposium, Maroon and Mi’kmaq: An International Indigenous Exchange, held at Grenfell Campus.

Elder White received the Commemorative Medal for the 125th Anniversary of the Confederation of Canada in 1993 and the prestigious Lifetime Achievement Award from Ulnooweg Development Group, presented to Aboriginal business owners with a long-time commitment to business and business development in 2008. In 2015, he was awarded the Order of Newfoundland and Labrador. For his pivotal role in achieving recognition for Newfoundland Mi’kmaq and his longstanding commitment to the rights of his people, Elder Calvin White received an honorary Doctor of Laws degree from Memorial University of Newfoundland, Grenfell Campus. He also received the Order of Canada, February, 2019.

Elder White can often be found pursuing land-based activities, supporting his community with projects, and offering teachings and stories, when asked.

Out of Province Elder

Scope of Advisory Services

• Assemble of First Nations Alternate for Chief
• Individual Coaching
• Advocate for Indigenous Veterans
• Teachings & Presentations
• Conflict Resolution
• Political Lobbying

Bio of Todd James LaSaga 

Todd James LaSaga was born in Flat Bay Newfoundland to Stanley LaSaga and Seneth LaSaga (White). Have 7 Brothers and 4 Sisters. Married in 1985 to Andrea Faye LaSaga (Canning) who passed away in August 2018. Two Sons Darren Whayne LaSaga; Daughter In-Law Susan LaSaga (Baker) and James Michael LaSaga and Lisa LaSaga (Joyce). Two Grandchildren Adalyn Rose LaSaga and Samuel Logan LaSaga.

Joined the Canadian Armed Forces in April 1981 as a Cook and was promoted up through the ranks to a Chief Petty Officer Second Class. In 2004, received an Officer Commission as a Lieutenant Navy and completed the Logistic Officer Common Course and Sea Logistic Course in 2005. In 2007 successful achieved Naval Logistic Officers Qualification.

Was then posted to Canadian Forces Naval Operation School in December 2007 as the Administration Officer, Completed a specialty in Human Resource Management. Then posted to Detachment Cape Breton as the Detachment Commander, Completed the Presiding Officer Course. Then was posted back to Halifax as the Messes and Accommodation Officer. Was posted to HMCS Toronto as the Logistic Officer. In 2011, was posted back to CFB Halifax as the Formation Hospitality Service Officer and was then promoted to Lieutenant Commander. Retired on 14 May 2013.

As the Hospitality Service Officer, was handpicked to lead a team of 230 Military and Civilian employees in daily Accommodation, Food and Bar Service. Collaborate with service managers to create strategic plans to enhance customer satisfaction. Provide employees with tools to maintain and increase service levels to both internal and external customers. Work closely with other departments to promote sales, clarify information, and distribute reports. Gather, analyze, and report daily/weekly/monthly sales and service statistics.

•  Through the execution of aggressive sales and marketing plans, increased customer base by 10%.
• Instrumental in improving customer-satisfaction ratings through suggestion, development, and implementation of new reporting procedures.
• Increased employee knowledge by assisting with the development and implementation of computer programs.
• Enhanced employee performance and attendance through daily mentoring, one-on-one
  discussions and motivational strategies.
• Received outstanding positive comments from team members on employee reviews, as well as exceptional feedback from senior management.
• Negotiated the five years Non-Public Funds Collective Agreement.

Highlights

• Retired veteran – Lieutenant Commander – 32 years of service
• Over 20 years assisting and guiding Veterans with the forms for their disabilities. 
• Established and coordinated the ceremony and the presentment of the annual Aboriginal Veterans Medallion Medals for Flat Bay powwow for 14 years and continuing. 
• Out of Area Elder & Special Advisor for Flat Bay membership Former Chairperson for By-Laws and Constitution Flat Bay Band.
• Nova Scotia Representative for attending meetings and events with the Assembly of First Nations, Flat Bay Band Inc.
• Lifelong student and practitioner of traditional and natural medicines.
• Advocate for Mi’kmaw member and Veteran rights.
• Labour Management and Safety committee member.
• Board of Director member for Military Family Resource Center.
• Member of Halifax Department Aboriginal Advisory Committee.
• An OPI for Military Sweat Lodge at McDonald Beach NS.
• School Advisory Committee for Upper Musquodoboit Consolidated School NS.
• Fire Fighter and Medical First Responder in Upper Musquodoboit NS.
• Former member of the Board of Directors for ALS NB and NS.

Education & Training

• Certified Food Service Manager with Canadian Restaurant Food Association Toronto ON
• Hospitality Manager’s Development course with School of Hotel & Food Administration Guelph University
• Certificate of Achievement Naval Logistics Officer Qualification
• Red Seal Cook
• Human Resources Specialist course.
• Harassment and Advisor Workplace Relations course.
• Coxswain Course (to investigate and lay charge for a Military Tribunal)
• Presiding Officer Course (to hear and pass sentencing for Military Tribunal cases)
• Return to Work course
• Safety Supervisor course
• WHMIS updated 

Grand Mother Advisory 

GrandMother – Jacqueline Snook

Scope of Advisory Services

• Cultural Teachings 
• Sharing Circles
• Conflict Resolution
• Violence Prevention Advocate
• Youth Advocate

Bio of Jacqueline (White) Snook 

Jacqueline (White) Snook is a strong Mi’kmaq woman born and raised in Shallop Cove, NL. She lost her mom when she was five years old and understands all to well the needs of children.  At the age of fourteen she had to take over the duties of running a home, taking care of her younger brother, also her father and older brother who were both working and attending school. These years were very daunting until she graduated high school and her younger brother was old enough to be on his own. 

In 1976 she married and began her new life in Flat Bay, NL. She is a mother of three wonderful sons (Trevor, Trenton, Shane). She has four beautiful grandchildren. She also gave a nephew and niece a home for a few years until they both entered the Military. 

After completing College in 1973 she worked as Payroll/Secretary at the Gypsum plant for thirteen years until she left to open her Confectionery & Takeout store in Flat Bay for two years than became a bartender at the Royal Canadian Legion in St. George’s.  She always enjoyed trying new things so she then worked as a Home Support Worker with TLC and VON helping seniors reside in there homes. Next she became a Fisherwoman for six years with labour related duties. She also attended Western College for a year and received her PCA Diploma.
She was active as possible in her culture during the years and has been a band member since the late 1970’s when it was the FNI. 

Highlights 

• Volunteering at school
• Fundraising for Church
• Five-year pin from Ladies Auxiliary of Legion in St. George’s 
• Selling daffodils for Canadian Cancer Society
• St. John Ambulance Standard First Aid
• Assist workshop in Suicide First Aid
• Alzheimer’s Society 
• Continuing Education from CAN
• Bay St. George Senior Citizens Home
• Tending Sacred Fire and doing Sunrise Ceremonies
• Appreciation for valuable contributions made to Flat Bay Band
• Dedication, leadership and participation for the years spent helping run the Bay St. George Powwows 
• Completion “Respect Aging” training
• Strong Women’s Drum Group
• Bringing drumming and singing and cultural teachings to our children
• NAWN Violence Prevention Facilitator

She believes in always seeking knowledge. Treat children always with listening, kindness and love. Everyone is equal. Have confidence in yourself and others. Be compassionate and have patience. Use your strong voice for the betterment of all. Communication is key to caring, sharing and respect is of the utmost importance. Have a good work ethic and be flexible with your time and energy.

She is amazed that over the years our youth have matured and are making great choices in their lives. To know many of our youth are working in our Flat Bay Band is a testament that the Chiefs and Elders and Council have done it right. Always with respect.

By Laws & Appeals Committee (BAC) 

The purpose of By-law Sub-Committees are to involve more member participation in governance procedures, so as to maximize skills and resources, and to demonstrate transparency by involving external, professional, and unbiased participation. 

These are unincorporated sub-committees of the Flat Bay Band Inc. Representatives of these committees are volunteers and appointed by the Flat Bay Band Inc. based on their skills, background, and knowledge of the community profile. 

The BAC should consist of four (4) individuals as per Section 6.6. For an inside perspective, at least one (1) Band Council officer within its representation and a minimum of two (2) external representatives, preferably with backgrounds in law and policy enforcement, are necessary. 

Scope of Responsibilities 

1. To ensure that Band Council understands and makes decisions which appropriately govern the principles and objectives of these Constitution and By-laws, by advising them on an, as needed basis.
2. To administer By-law recommendations, updates, and resolutions, as needed.
3. To chair the Annual General Assembly.
4. To administer the elections and campaign protocol and process.
5. To review and process appeals and responses.
6. To address legal counsel if required and forward recommendations to the Band Council.

Legal Representation

Legal Advisory, Kayla (Miles) Pearce

Band Council Representation

AFN Rep – Chief Joanne (White) Miles

BAC Representatives

We are seeking two (2) additional By-Laws Representatives. Selection will take place at the 2023 Annual General Assembly.

.

Complaints and Information 

Email Chief Joanne Miles jrjkmiles@gmail.com or leave a message at 709-647-1370.

Financial Accountability Committee (FAC)

What does the FAC do? 

Financial Accountability Committee (FAC): The FAC consists of three (3) appointed representatives: a Finance Department (Staff Representative), a Band Council Director (Council Representative), and an external representative, preferably with an accounting, or a commerce background. 

Roles and Responsibilities are: 

1. To ensure that the Band’s financial activity is in keeping with Generally Acceptable Accounting Policies (GAAP),
2. To perform quarterly financial investigations and report all noted highlights and recommendations to the Band Council at Band Council meetings,
3. To perform an annual financial investigation and report all noted highlights and recommendations to the Band Council before the Annual General Assembly, and
4. To be present at the Annual General Assembly or any meetings reflective of financial scrutiny.

FAC Representatives 

We are seeking two (2) FAC Representatives.

The selection will take place at the 2023 Annual General Assembly.

For More Information 

Email Marley Kendall at marley.flatbayband@gmail.com or leave a message at 709-647-1370. 

Hiring & Selections Committee

What does the Hiring and Selections Committee (HSC) Do? 

Hiring and Selections Committee (HSC): The HSC is not necessarily represented by recurring individuals. Each time a hiring process is called for, the Band will look to fill the HSC with varying representatives who are unbiased to the given applicants. Representation should be comprised of three (3) individuals including one (1) Band Council officer and one (1) External Member from the Village or membership, and one (1) Project Staff, Human Resource staff, or a Project Partner.  

HSC Roles and Responsibilities are: 

1. To protect the constitutional priorities of individual targets, honor funding eligibility, and consider choice determinants for suitability by hiring and selecting according to the determinants in Section 8.
2. To appoint one representative as an observer/scrutineer on each hiring committee and to make a report in writing, on the processes followed and outcomes.
3. To submit applicant resumes, job postings, reference checks, assessments, and/or interview score sheets to the Band for future reference.
4. To ensure that one of the hiring representatives have contacted and informed ALL applicants of their results outlining their strengths and weaknesses in the interview and provide recommendations for future success.
5. Be present at the Annual General Assembly or any meetings reflective of hiring scrutiny.

HSC Representatives 

If you are a band member or community resident and are interested in being on a hiring and selection committee at some point, contact Manager of Operations, Cassandra Beanland. 

For More Information 

Email Cassandra Beanland at cassandra.beanland93@gmail.com or leave a message at 709-647-1370.