The Ta’an Kwäch’än Judicial Council has decided not to remove the chief and deputy-chief of the Ta’an Kwäch’än First Nation from their positions. Chief Kristina Kane and Deputy Chief Michelle Telep were found to have violated certain aspects of the First Nation’s financial administration act and the human resources policy.

However, the judicial council found, inadequate Ta’an Kwäch’än policies and enforcement mitigated the violations, which the decision called “more administrative in nature than demonstrative of contempt for the laws of the TKFN.”

“While the dignity of the office of Chief is hard won, it is easily lost,” read the decision in the Kane case (the Telep decision was similarly phrased). “The TKFN has been impacted by her actions, but not widely or irreparably.”

The decisions, delivered Wednesday, came on the heels of a June hearing into complaints filed by TK member Bonnie Harpe.

“I was in shock when I read (the decision),” Harpe said on Thursday. “How you could say that they’ve breached all these things, but yet you don’t think it’s serious enough to remove them as our chiefs?”

“What about trust? Do you think we can ever trust these people again?”

Harpe’s concerns arose from a February meeting of the Ta’an Kwäch’än Council, when it was revealed Kane and Telep had been using TK credit cards for personal use.

Kane accrued a subatntial debt over over a three-year period. Telep charged significntly less, but a still-noticeable amount. Both stopped using the cards before the February council meeting. Both debts have been repaid, and were being repaid before the complaint was lodged.

During the hearing, Harpe also referenced the fact that Kane and Telep had applied and were approved for cash advances while outstanding balances remained from previous advances – something disallowed by the human resources policy manual.

As well, both Kane and Telep accessed a TK emergency fund, meant to assist TK members with general and medical emergencies. Kane and Telep both accessed the fund for matters they considered to be emergencies.

Finally, Harpe claimed Kane had breached confidentiality by forwarding a copy of her official complaint in the case to a non-TK citizen. During the June hearings, both Kane and Telep agreed that using the credit cards was a mistake. Both agreed they had been spoken to about it in the past by a former TKFN executive director.

In its decision, the judicial council called the credit card use inappropriate, but noted that the lack of a clear policy around credit card use made things hazy. Further complicating factors included the cards having been issued in the names of Kane and Telep, each of whom assumed personal liability under their cardholder agreements.

Payroll advances were considered to be in non-compliance, but a lack of adequate oversight and enforcement, led to these violations to be considered less harshly.

There was found to be no breach on emergency fund use by either Kane or Telep.

For transmitting Harpe’s complaint via email, Kane was found in breach of an information and communication technology policy.

In the sanctions passed down by the judicial council, Kane and Telep have six months to develop a credit card use policy for all TKFN cardholders.

Harpe said there definitely needs to be a policy in place. One had been previously mandated, but issues with the drafting led to delays in finalization.

The judicial council also required Kane and Telep to establish a leadership and accountability act, and to write letters of apology to all members of the First Nation.

A final note on the decision said it was the hope of the judicial council that issues identified in the decision would spark action toward better governance, oversight and administrative practices.

“The need for on-going governance training at all levels is key to effectively building this nation’s capacity for self-government,” it said.

By Amy Kenny Star Reporter