March 21, 2009
Band Administration
Due Dilegence Band Revenue Expenditures of WLIB Chief and Council
Re: Financial Administration By – Law
“ What is the nature of the relationship of the ‘Treasury Board’ and Council ? For example, is the primary purpose of the ‘Treasury Board’ to act on the direction and instruction of council ? Or does it act as a check and balance to the exercise of Council discretion ? ”
Alisa Noda, WLIB Legal Council, March 31, 2003
“All Band Revenues will be managed in accountable and transparent manner”
WLIB Strategic Plan, Tkumlups April 2007 – p3
01) In the absence of any Duly Convened WLIB Financial By-Laws / Acts which have been ratified by at least 70% of total voting membership, does the Federal Financial Administration Act apply in its entirety to the WLIB’s Chief and Council’s Band Revenue Expenditures in 2008, 2009 & 2010 ?
02) Can chief and council individually define as best they can “Due Dilegence” within the context of the Federal Financial Administration Act as it relates to 2008-2009-2010 WLIB Chief and Council’s WLIB Revenue Expenditures ?
03) Can chief and council individually define “Continuity” within the context of the Federal Financial Administration Act as it relates to 2008-2009-2010 WLIB Chief and Council’s WLIB Revenue Expenditures ?
04) Can chief and council individually define “Transparency” within the context of the Federal Financial Administration Act as it relates to 2008-2009-2010 WLIB Chief and Council’s WLIB Revenue Expenditures ?
05) Can chief and council individually define “Accountability” within the context of the Federal Financial Administration Act as it relates to 2008-2009-2010 WLIB Chief and Council’s WLIB Revenue Expenditures ?
06) Can chief and council individually define “Duly Convened” within the context of the Federal Financial Administration Act as it relates to 2008-2009-2010 WLIB Chief and Council’s WLIB Revenue Expenditures?
07) To ensure continuity, transparency, accountability and due diligence concerning current and future CnC Band Revenue expenditures, shouldn’t we have a WLIB Treasury Board or WLIB Finance Oversight Committee made up of band members who hold no other band titles or band appointments and who are duly elected in an election specifically designated for Treasure Board / Finance Oversight Committee Members ( April 2007 Strategic Plan – Pg 21 )?
08) Does the RCMP ( December 10, 2003 – ADMIN. Folder ) enforce the Federal Financial Administration Act on the WLIB or does there need to be a By – Law in place first ?
09) Why are there only Membership Code and Election Code committees which endlessly discuss and develop DRAFT policies and procedures to present to Chief and Council for ratification ?
10) Should a Treasure Board / Finance Oversight Committee be working on WLIB Financial Administration Act policies to be discussed, drafted ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) and ratified by membership before it goes to CnC for rubber stamping ?
11) Would / should current or future SCPP Band Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny, authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
12) Would / should current or future BCLL Band Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny, authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
13) Would / should current or future $1,300,000.00 Graveyard Settlement Band Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny or authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
14) Would / should current or future +/- $1,500,000.00 Highway 97 Widening Band Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny or authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
15) Would / should future $30,000,000.00 February 12, 2009 ‘treaty’ Capital Fund Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny or authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
16) Would / should future $12,000,000.00 February 12, 2009 ‘treaty’ Land Fund Revenue Expenditures ( Marg Shelley, April 2007 Strategic Plan – Pg 21 ) be included in the scope, scrutiny, authority of a WLIB Treasury Board / WLIB Finance Oversight Committee ?
17) In which recent, documented WLIB Chief and Council meeting, not including the June 03, 2003 Chief and Council Meeting Minutes, were the preceding 16 questions addressed/debated and documented ?
18) After 15 years, in which documented WLIB Community treaty meetings were the first 16 questions addressed/debated and documented ?
19) In which documented WLIB Family Council meetings were the first 16 questions addressed/debated and documented ?
WLIB Day to day operations continuity
20) If financial combustion were to occur and the band office burnt down, how would this affect the day to day operations of the band ?
21) How long would it take to restore day – to – day band operations to full capacity if the band office burnt down ?
22) How much would it cost to replace the band office if it burnt down ?
23) Does Chris Wycotte Sr. or any other member of ‘previous council’ retain in their possession new band office drafting plans ?
24) Could we immediately pay for office reconstruction out of our own existing revenue accounts and then seek reimbursement from the insurance company ?
25) Does Faye Chelsea or any other member of the finance department ensure that the most relevant financial files are backed up daily ( 16 gb Flashdrive – 120 gb iPod ? ) in the event of a fire ?
26) Which documents pertaining to SCPP, BCL, NSDC and the WLIB Finance Department does Chief Anne Louie keep on her person ( 16 gb Flashdrive – 120 gb iPod ? ) or at home ?
27) Which documents pertaining to SCPP, BCL, NSDC and the WLIB Finance Department does Councillor Heather McKenzie keep on her person ( 16 gb Flashdrive – 120 gb iPod ? ) or at home ?
28) Which documents pertaining to SCPP, BCL, NSDC and the WLIB Finance Department does Councillor Richard Sellars keep on his person ( 16 gb Flashdrive – 120 gb iPod ? ) or at home ?
29) Which of all the band’s most important legal files does the chief and legal counsel keep in a fire proof safe ?
Band Archives
After his 4 year term in office, the president of the USA establishes a Presidents Archive in the Library of Congress which is accessible to the general voting public.
30) Can the chief and council establish a Chiefs Archive ( 2006 Strategic Plan – P12 ) which can be accessed by on and off reserve members ?
31) What does the membership need to do to direct the chief and council to establish or contribute yearly to a Chiefs Archive ?
32) Could a Chiefs Archive be developed so only band members could access the website by having to enter their band number as their access code ?
33) What is the cost to the WLIB establishing a Chief’s Archive every 2 or 4 years ?
34) Does the band own a server ( fancy name for a dual hard drive computer ) ?
35) Can a Chiefs Archive be hosted on a band – owned server ?
36) What would be the cost to host a Chiefs Archive on a band – owned server ?
37) Would existing WLIB’s March 31st Yearly Audits be included in WLIB Chiefs Archives ?
38) Would existing WLIB OFFICE POLICIES & PROCEDURES be included in a WLIB Chiefs Archives ?
39) Would the existing HOUSING POLICIES & PROCEDURES be included in a WLIB Chiefs Archives ?
40) Would existing WLIB – CMHC POLICIES & PROCEDURES / AGREEMENTS be included in a WLIB Chiefs Archives ?
41) Would the existing “DRAFT” WLIB ELECTION CODE be included in a WLIB Chiefs Archives ?
42) Would the existing “DRAFT” WLIB MEMBERSHIP CODE be included in publicly accessible WLIB Chiefs Archives ?
43) Would yearly BAND COUNCIL RESOLUTIONS be included in a WLIB Chiefs Archives ?
44) Would ‘existing’ SCPP POLICIES & PROCEDURES be included in a WLIB Chiefs Archives ?
45) Would existing BCLL POLICIES & PROCEDURES be included in a WLIB Chiefs Archives ?
46) How many band members have e-mail addresses ( April 2007 Strategic Plan – Pg 27 ) ?
47) Does the chief and council have updated mailing addresses ( 70% Accurate, April 2007 Strategic Plan – Pg 27 ) for all voting age members ?
48) What is the cost of scanning and converting +/- 200 files a year to PDF and burning them to a DVD disk ?
49) How much would it approximately cost to distribute approximately 300 DVD data disks to the total voting population of the band ?
General
50) Will Chief and Council distribute written responses to these 205 questions to on and off reserve members ( April 2007 Strategic Plan – Pg 27 ) including utilizing Canada Post and E-Mail in a timely fashion ?
51) In his February 05, 2008 report to council, Natural Resources Worker Cody William reported that he had no information in his Hayfield file, does Chris Wycotte Sr. retain hayfield maps in his personal or professional capacity ( April 2007 Strategic Plan – Pg 32 )?
52) How many Certificates of Possession are there on the band?
53) When can we see these Certificates of Possession maps ?
54) After 14 years of full time employment with the band, X – Councillor/Band Manager/TUS Manager/Treaty Manager/Researcher/Self Government Researcher Chris Wycotte Sr. has only paid $5,000 of his original $7,000 1993 Steer-a-Rama loan that he got from the band, when can the finance department expect the rest ?
55) Since many of these questions evolved in reference to the band documents of Joan Sellars’ Archives, can council establish a yearly bursary or scholarship in her honour for determined single mothers attending university ?
56) Why does the band make loans to some band members and not others ?
57) What economic development plans ( April 2007 Strategic Plan – Pg 37 ) are we pursuing ?
58) How many band members are holding down 2 or more jobs / titles ?
59) How many people are out of work on reserve ?
60) High Speed ( Broadband ) Internet in community homes was discussed, April 2007 Strategic Plan – Pg 32, when is this possible ?
Band Meetings
61) On May 31, 2002, band manager Missy Sellars issued her ‘Band Meeting Rules of Order’, why aren’t council adhering to monthly meetings ( Anne Louie, April 2007 Strategic Plan – Pg 32 )?
62) The Union of BC Indian Chiefs and the First Nations Summit live feed their meetings on the internet and to the rest of the business world, videoconferencing is nothing new. When will the WLIB live feed our band meeting on the internet so off reserve members can participate in band meetings from the comfort of their own homes ?
Financials
63) Do other Shuswap DIA band’s have Chief and Council Revenue Spending Limits ?
64) Can chief and council define ‘Contingent Liabilities’ (R.E. Rasmussen’s Item 15, March 31, 2008 WLIB Financial Statements ) ?
65) Are the items listed under ‘Contingent Liabilities’ repayable or not ?
66) Which band members have had Contingent Loans guaranteed by the WLIB ?
67) Which band members are on the list to have Contingent Loans guaranteed by the WLIB ?
SCPP
68) Has any of current council read Jason Gordon’s correspondence dated November 14, 2003 or January 14, 2004 ( March 21, 2009 DVD – ‘SCPP’ Folder ) ?
69) Are all council members welcome in monthly SCPP board of directors meetings ?
70) If no councillors are permitted to attend monthly SCPP board of directors meetings then who reports to CnC on a band owned corporation’s behalf ?
71) Does the Gas Station have fire insurance ?
72) What is the command structure in SCPP ?
73) Do the employees answer to the manager ?
74) Does the manager answer to the board of directors ?
75) Do the board of directors answer to the shareholder(s) of the company ?
76) Does the shareholder answer to the Chief and Council ?
77) On behalf of SCPP, does the Chief and Council answer to Band Membership ?
78) Must all newly designated shareholders sign a Declaration of Trust before becoming a shareholder for SCPP ?
79) How has previous Chief and Council answered to band membership ?
80) Concerning SCPP, how does present Chief and Council propose to answer to band membership ?
81) Who are the current share holders for SCPP ?
82) Who have been the shareholders for the last 10 years ?
83) On whose behalf are these shares held ?
84) Can each Declaration of Trust pertaining to SCPP since it’s inception, be made available for band members acquisition?
85) As a band member / shareholder will council try to prevent us from attending meetings, making motions and have access to financials ?
86) If not, can membership receive documentation confirming bottom line profits / profits due to WLIB before Chief and Council unilaterally spend these band revenues from SCPP bank accounts ?
87) Since we are already paying for a manager, can we terminate the contract with ‘the Sellars’ (dba CA Holdings) and redirect this +/- $500,000 band revenue into housing ?
88) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2008 ?
89) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2007 ?
90) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2006 ?
91) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2005 ?
92) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2004 ?
93) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2003 ?
94) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2002 ?
95) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2001 ?
96) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 2000 ?
97) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1999 ?
98) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1998 ?
99) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1997 ?
100) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1996 ?
101) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1995 ?
102) What were the net profits for ‘ the Sellars ’ (Richard & Cheryl Sellars dba CA Holdings) from SCPP Band Revenue in 1994 ?
103) What was the exact date when were ‘the Sellars’ given a percentage of gas sales ?
104) Which shareholder authorized ‘the Sellars’ to be given a percentage of gas sales ?
105) Can band members share in the tobacco quote ?
106) What was the tobacco quota in 2004 ( 24,000 Carton/Year --- Jason Gordon 11/14/2003 ) ?
107) What was the tobacco quota in 2005 ?
108) What was the tobacco quota in 2006 ?
109) What was the tobacco quota in 2007 ?
110) What is the tobacco quota in 2009 ?
111) What is the tobacco quota in 2010 ?
112) How can provincial law have applicability on federal reserve land ( Jason Gordon 11/14/2003 )?
113) Why are only gas sales unrestricted ?
114) Is SCPP, WLIB or Richard Sellars ( CA Holdering ) remitting for second tax ?
115) When can band members get 2009 financials ?
116) Can band members receive a 10 cent a litre discount ( like a Co-Op ) from pump prices ?
117) Why does Richard fill up from his own tanks ?
118) Why doesn’t WLIB / SCPP get into bulk sales ?
119) Who retains the 60% of profit referred to in SCDC / SCPP Royalty agreement ?
120) Richard and Cheryl Sellars dba as CA Holdings or SCPP / WLIB ?
121) 945k in sixteen years of operations? Where’s the rest? ( 2006 financials – bursey )
40% of smokes = $ 138,336
40% of gas = $ 130,000
===== $ 268,336 yearly
122) ( “SCPP co-sponsors youth and families for special costs. The board approves donations” – April 2007 Strategic Plan pg 36 ) Is there a written policy for this band revenue expenditure ?
123) How in 16 years of business does this equal 945k ?
124) Why does the accountants report always state “to the members of the WLIB” when these documents have never ever reached membership ?
125) What long term debt is SCPP repaying? ( 2003/03/31 Brent Bursey - 2006 Strategic Plan Pg 8 )
Borland Creek Logging
126) On November 11, 2006, December 14, 2006 & April 01, 2008, Council expressed a will to have the manager removed for detailed, documented reasons, why has this not been done yet ?
127) When will Council release financials including payroll and all expenditures & contract rates to the general membership ?
128) As a band member / shareholder, will council try to prevent us from attending meetings, making motions and have access to financials ?
129) What is the command structure in BCLL ?
130) Do the employees answer to the manager ?
131) Does the manager answer to the board of directors ?
132) Do the board of directors answer to the shareholder(s) of the company ?
133) Does the shareholder answer to the Chief and Council ?
134) How, on behalf of BCLL, does the Chief and Council answer to Band Membership?
135) On behalf of BCLL, how has previous Chief and Council answered to band membership ?
136) On behalf of BCLL, how does present Chief and Council propose to answer to band membership ?
137) Do all newly designated shareholders sign a declaration of trust before becoming a shareholder for BCLL ?
138) Who are the current share holders for BCLL ?
139) By each year, who have been the shareholders for the last 10 years ?
140) On whose behalf are these shares held ?
141) What is total revenue for 2008 ?
142) What was the total amount paid out for bunching in 2008 ?
143) What was the total amount paid out for processing in 2008 ?
144) What was the total amount paid out for trucking in 2008 ?
145) What is total revenue for 2007 ?
146) What was the total amount paid out for bunching in 2007 ?
147) What was the total amount paid out for processing in 2007 ?
148) What was the total amount paid out for trucking in 2007 ?
149) What is total revenue for 2006 ?
150) What was the total amount paid out for bunching in 2007 ?
151) What was the total amount paid out for processing in 2007 ?
152) What was the total amount paid out for trucking in 2007 ?
153) What is total revenue for 2005 ?
154) What was the total amount paid out for bunching in 2005 ?
155) What was the total amount paid out for processing in 2005 ?
156) What was the total amount paid out for trucking in 2005 ?
157) What is total revenue for 2004 ?
158) What was the total amount paid out for bunching in 2004 ?
159) What was the total amount paid out for processing in 2004 ?
160) What was the total amount paid out for trucking in 2004 ?
161) Is the company constitution or mission statement to contract out the phases we are ?
162) How many Borland Creek / WLIB Forest Licence cubic meters is BCLL going to harvest per year for the next five years ( April 2007 Strategic Plan – Pg 35 ) ?
163) How much volume have been harvested from these licences?
164) How many has Licencee Quota m3 has BCL secured per year for the next five years
165) Are there other companies logging for us?
166) What is RPF Glen ______ talking about with his referral to West Fraser owing us 1.5 million in back stumpage ?
167) Does BCLL pay or help certain band members and not others ?
(eg. Pay for licences, insurance, rent?)
168) Which mills are stating that all employees must have drivers licences?
169) Can members get wood to log by themselves?
170) Did Tom Alphonse use Borland Creek Logging equipment for his Free Use Permit ?
171) Why is Pat Fergusen’s skidder on by the hour ? How much per hour ?
172) Who signed off on Tom Alphonsès Free Use Permit ?
173) In February 2009, why was Pat Fergusen’s skidder allowed to run until BCLL shut down ?
174) What is the net worth of BCL Logging equipment ?
175) After 15 years of operation and 25 – 30 million dollars worth of business, what is the company’s net worth ?
Legal issues / Treaty
176) Which one member of council answers questions on behalf of the WLIB’s treaty involvement ?
177) Everyone’s rhetoric since the treaty process began in 1993, was that treaties were to be concluded by the year 2000, AND, after 6 – 7 years in the AIP stage, when does chief and council expect the treaty process to be concluded ?
178) On September 29, 2003, the state of Canada offered 100,000 hectares of land to the NStQ treaty Society, when has this been discussed in WLIB community meetings and off – reserve members relayed this information ?
179) On, February 12, 2009 the state of Canada offered 61, 769 hectares of land to the NStQ treaty Society, when will this be discussed in WLIB community meetings and off – reserve members relayed this information ?
180) Based on the last 2 offers, are we going to accept a 3rd diminished offer in the next couple of years or are we going to explore other realistic reconciliation options ?
181) How would we repay a $ 4 million dollar loan if we were to leave the process in a duly convened WLIB referendum ? Lump Sum ? Payments ?
182) Since previous council held referendum with a 70% voter turnout asking a handful of band members if we wanted CnC to persue treaty negotiations, would a new referendum with 70% voter turnout get us out of the treaty process ?
183) Is WLIB Title litigation a viable alternative to a never ending treaty process ?
184) In court days, is Cheam Indian Band’s July 15, 2004’s ( March 21, 2009 DVD – ‘treaty’ Folder ) 96 day Aboriginal Title Trial Outline / Schedule Itinerary comparable to anything like what the WLIB could expect if we went to court ?
185) The Haida Nation under the leadership of Guujaaw, filed a Statement of Claim in March 2002, this Statement of Claim ( March 21, 2009 DVD – ‘treaty’ Folder ) resulted in an initial offer of a 20% land base by the Province of BC, could this document be used as a template for a WLIB Aboriginal Title Case ?
186) On September 16, 2003, the Secwepemculecw Traditional Peoples Government issued a Draft Statement of Claim ( March 21, 2009 DVD – ‘treaty’ Folder ) which mirrored the Haida Nation Statement of Claim, can this document be used by the WLIB as positive alternative to the failing NStQ treaty process ?
187) Which member of council knows Don Ryan and his unquestionable Delgamuukw Litigation involvement ? ( donryan@shaw.ca )
188) Can Don Ryan attend and present intelligent options to the reconciliation process that we are currently involved in ?
189) In 2008, did Richard Kohlen offer to sell the Onward Ranch to the WLIB for 15 million after he and his friends bought it for 3 million ?
Housing
190) Will WLIB chief and council issue Free Use Permits ( June 02, 2008 BCL Folder ), such as the one that was issued to Tom Alphonse, to all members wishing to build their own homes ?
191) Can deceased members names be taken off the housing accounts payable and what is owed be written off immediately without debate ?
192) What is council going to do about +/- $250,000 housing arrears that are probably not going to ever be recovered by the housing dept. ?
193) Is councils only option to continue to list these CMHC arrears as an asset on the band’s books ?
194) What happens to the bands net worth if the +/- $250,000 housing arrears are written off ?
195) If all the +/- $250,000 CMHC housing arrears cannot be written off as a whole, which accounts can be ?
196) Which accounts should be sent to a collection agency ?
197) Which CMHC units are designated CMHC rental units ?
198) Which CMHC units are designated to be owned by their occupants after the CMHC loan for their house is paid for ?
199) Can we take revenue money and vote to pay off all band members house loans and all CMHC debt in one motion?
200) Is there a physical development plan for the band this year ?
201) What is the estimate for the bands housing needs for 2009 ?
202) What is the estimate for the bands housing needs for the next five years ?
203) What is the estimate for the bands housing needs for the next ten years ?
204) Does chief and council project or advocate any band owned houses being placed in traditional Texelc territory this year ?
205) Does chief and council support houses being built in Secwepemculecw ( p2 – Jason Gordon – April 2003, NStQ Land Use Plan ) ?
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