Westbank First Nation
search
Menu

Sign-Up for ENews
Log-In to smy̓may̓WFN

  • Our Community
    • Our Community
    • About Westbank First Nation
      • About Westbank First Nation
      • History
      • Maps
      • Quick Facts
    • Advisory Council
    • Culture and Language
      • Culture and Language
      • Language
        • Language
        • Language Learning
          • Language Learning
          • Request for Language Submission Form
      • Museum
      • Okanagan Nation Alliance
      • Okanagan Song
      • Public Art
        • Public Art
        • Public Art Committee Application
    • Member Policy Engagement
    • News and Events
      • News and Events
      • Calendar
      • Emergency Updates
      • Media
      • Membership Newsletter
      • News
      • Publications
    • Projects and Planning
      • Projects and Planning
      • Current Projects
      • Long-Term Planning
        • Long-Term Planning
        • Active Transportation Plan
        • Community Wildfire Protection Plan
        • Comprehensive Community Plan
        • Development Cost Charge Update
        • Drainage Master Plan
        • Housing Strategy
        • New Early Years Centre
        • Parks and Trails Master Plan
        • Transportation Plan
        • Wastewater Master Service Plan
      • Past Projects
        • Past Projects
        • Falcon Lane Apartments & Fox Road Triplex
        • sənsisyustən Expansion and Renovation
        • Wildfire Fuel Mitigation Project
    • Property Management
      • Property Management
      • Facilities
        • Facilities
        • Early Years Centre
        • Elders Hall
        • Facility Rental Inquiry
        • Facility Rentals
        • Gymnasium and Weight Room
        • Multipurpose Room and Kitchen
        • Outdoor Kitchen
          • Outdoor Kitchen
        • Pavilion
        • Pine Stadium Ball Park
        • Youth Centre
      • Housing
        • Housing
        • Housing Financial Assistance
        • Housing Projects
        • Member Non-Profit Housing
        • Rental Housing Incentive Program
      • Parks, Beaches and Campgrounds
    • Residential Tenancy Information
    • Schools and Daycare
      • Schools and Daycare
      • Central Okanagan School District
      • sənsisyustən House of Learning
        • sənsisyustən House of Learning
        • Apply to the School Board
        • School Bus Application Form
      • WCDC Daycare and Preschool
    • Tourism
  • Programs and Services
    • Programs and Services
    • Children and Families
    • Education and Training Support
      • Education and Training Support
      • Post-secondary support
    • Elders
    • Health and Wellness
    • Income Assistance
    • Library
    • Membership Services
    • Recreation
    • Safety and Emergency
      • Safety and Emergency
      • Emergency Planning
    • Service Requests
    • Street and Park Maintenance
      • Street and Park Maintenance
      • Snow removal
    • Water and Sewer
      • Water and Sewer
      • Watering regulations
    • Youth
      • Youth
      • Youth Program Registration Form
  • Your Government
    • Your Government
    • 2022 Election
    • Advisory Council
    • Budget and Taxes
      • Budget and Taxes
      • Annual Budget
      • Financial Reporting
      • Make a Donation
      • Property Tax
        • Property Tax
        • Property Tax Exemption Application
    • Council
      • Council
      • Council Biographies
      • Council Priorities
      • Council Reports and Expenses
      • Guiding Documents and Principles
      • Meetings
    • Employment
      • Employment
      • Departments
      • Working here
      • Employment Application Process
    • Feedback Forms
    • Government Overview
      • Government Overview
      • Departments
      • Freedom of Information
      • Guiding Documents and Principles
      • Self-Government Agreement
    • Intergovernmental Affairs
    • Laws on Westbank Lands
      • Laws on Westbank Lands
      • Disputing a Ticket
      • Dog Control and Licensing
      • Laws
      • Paying a Ticket
      • Reporting an Offence
    • Meetings
    • Contact Us
  • Business and Development
    • Business and Development
    • Building
    • Business Services
      • Business Services
      • Bidding Opportunities
      • Bidding Procedure
      • Economic Development
        • Economic Development
        • Corporate Partnerships
        • Economic Development Commission
          • Economic Development Commission
          • Every Child Matters
          • Apply to the EDC
        • Economic Development Newsletter
        • Forestry
        • Infrastructure and Capital Projects
        • Quick Facts
      • Licences and permits
      • Purchasing policy
      • Resources
      • Suppliers and payment
    • Developing Property
      • Developing Property
      • Development Applications and Process
      • Development Cost Charges
      • Property Search
      • Rezoning and CCP Amendments
      • Subdivision
    • Lands Registry
    • Maps and GIS
    • Zoning and Land Use
  • WFN News
    • Blog
    • Community Development
  • Working Here
  • Sncewips Heritage Museum
  • Calendar
  • Minutes and agendas
  • Employment opportunities
  • Bid opportunities
  • Retail Directory

E-Mail 250-769-4999 Directory

Member Communication RE: Community Services Director Petition

Home / Member Communication RE: Community Services Director Petition

Member Communication RE: Community Services Director Petition

October 25, 2021

Dear Membership,

Re: Membership Petition for a Formal Investigation into the Director of Community Services

Westbank First Nation ("WFN") Council received a petition signed by a number of Members, requesting removal of a senior member of staff (the "Petition"). The Petition alleges human rights abuses and harassment in the office, but does not provide any specific facts or instances in support of the claims. It is a serious matter for the Membership to allege such conduct and in such a public manner. However, the Petition is not the appropriate process for addressing complaints of a senior member of staff's or any WFN employee's conduct. Last week, Council discussed this matter after obtaining legal counsel to advise on the requirements of the WFN Constitution (the "Constitution") and the WFN Personnel Policy (the "Personnel Policy"). In brief, Chief and Council would like to communicate to Membership the following in relation to the Constitution, the Personnel Policy, and the legal risks and liability associated with Council engaging with the Petition:

  • a. Petitions and Complaints - petitions and complaints under the Constitution can only be submitted in specific, limited circumstances such as financial misconduct matters. The Constitution does not allow for the removal of a WFN employee by petition or complaint;
  • b. WFN Employer Obligations- as an employer, WFN must always conduct itself in a lawful and respectful manner in regard to employees, and must address complaints filed against any employee through the processes provided in the Personnel Policy. The laws are very clear that engaging in discussions relating to the conduct of any employee in a public manner, such as at a Special Membership Meeting, simply cannot be done;
  • c. Personnel Policy - The appropriate avenue to launch an employee-led complaint about the actions of any employee is pursuant to the Personnel Policy. The Personnel Policy applies to all employees including management and department heads. Employees are responsible for reporting any discrimination or workplace harassment to the Human Resources Department, who will then determine whether an investigation is warranted.
  • d. Privacy - WFN is required by law to protect the privacy of employees' personal information which includes all information about performance and conduct in the workplace. lfWFN engages in discussion about an employee's performance and conduct with a member or members of the public, including the Membership, this would leave WFN and/or individual members of Council vulnerable to a lawsuit (of which WFN would not win)
  • e. Legal and Financial Penalties - discussing employee performance and conduct in a public forum poses significant legal and financial consequences to WFN, and to individual members of Council, should Council launch and use WFN funds for an investigation that is not permitted under the Constitution. Overall, the liability of WFN as an employer engaging in such public discourse could be in the hundreds of thousands of dollars.

This is far too serious of a matter, and one which bears such significant risk to WFN, individual members of Council, as well as to the participant Membership, to not to be in strict compliance with the Constitution and the Personnel Policy. Council acknowledges the initiative of some Members seeking to have their voices heard, but recognizes the use of the Constitution in this fashion is not how it is meant to operate. In particular, the Constitution is not intended to further political agendas. As a result of this misunderstanding of the Constitution, Council is considering conducting Member Information Sessions about the Constitution and how Member engagement in the governance process can occur.

Sincerely, WESTBANK FIRST NATION CHIEF & COUNCIL

Westbank First Nation
  • Log in
  • Employment
  • News
  • Calendar
  • Site map
  • Contact
Copyright © Westbank First Nation 2025
Powered by SiteCMTM— web content management made easy by ideaLEVER Solutions.