TAKU

RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

THIS IS NOT A VERBATIUM RECORD Ive done my best to create a record
that is an accurate summary and anything in [square brackets] is my own
thought and I apologize for any spelling errors.
BACKGROUND: Around January 12th, 2015, TRTFN Leadership decided to
move TRT Economic Development Department over to the Atlin Tlingit Economic
Limited Partnership
Approximately 30 members called for a JCM on Feb. 7th, 2015 to consider the
decision made by their leaders as the were not consulted. Their request for a
specific JCM to consider and consult regarding moving TRTFN EcDev
Department to ATLEP was denied.
Nonetheless, the members calling for the JCM, at their own expense, mailed out
an invitation to approximately 120 members whose addresses were known to
them to come together on Feb. 7, 2015.

PRESENT:
WOLF
James Williams, Wolf Clan Leader

CROW
Vernon Williams, Crow Clan Leader
(Absent)
David Moss, Crow Clan Director1

Bryan Jack
Louise Gordon
June Jack
Yvonne Jack
Maxine Jack
Donna Patrick
Greta Thorlakson
Richard Carlick

Raymond Ward
Raymond Carlick
Joan Jack

1 David Moss has advised the group that he was still willing to be a Crow Director,
but that, although he has requested notice of meetings and information, he hasnt
received any information for at least the last five months.
Page 1 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

1. GRIEVANCE AGAINST TRTFN LEADERSHIP
What follows in this section is the essence of the grievance filed against each
Clan Director:
A. Grievance Against Spokesperson John D. Ward
Re: DISCIPLINARY PROCEDURES under CHAPTER 8 of Directors Code of
Conduct
I/We the undersigned hereby file a grievance against the TRTFN Spokesperson
John D. Ward. We cite these grounds:

Spokesperson Ward did not convene a JCM in the fall of 2014, as

required by the TRTFN Constitution Act, 1993 (S. 4, 4.3.1 and 4.3.6)
a. This denied members of the Clan Directors Council an opportunity to
report to the Citizens, and denied TRTFN Citizens an opportunity to
participate in a timely way in their government, as required by the
Constitution Act (Article 4.2)
b. It denied members of the Clan Directors Council an opportunity to
seek, and TRTFN Citizens to offer (both as required by the
Constitution Act) timely directly on the conduct of routine business and
of matters arising out of decisions taken and direction given at
previous JCMs (Article 4.2).
c. It denied members of the Clan directors Council an opportunity to
seek, and TRTFN Citizens to offer (both as required by the
Constitution Act) timely direction on the conduct of new and
extraordinary business (Article 4.2). In particular, we cite a proposal
(now presented as an irreversible decision) to transfer the TRTFNs
Economic Development Department to the Atlin Tlingit Economic
Limited Partnership.

There is a consensus of belief among Citizens of both Clans that the

transfer proposal is an unconstitutional restructuring of the TRTFN
government

There is consensus of belief among Citizens of both Clans that the

decision process that implemented the proposal is unconstitutional
a. because such a radical change in structure requires a constitutional
amendment, and

Page 2 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

b. because the decision the decision, as taken, lacked a quorum, due
to the inactive statue of David Moss and due to the fact that Phillip
Williams was (and still is) unelected and, therefore, not a legitimate
Wolf Clan Director

Failing to perform his primary role to promote cooperation between the

clans under the Constitution Act (Article 8.3) and, in particular, failing to
facilitate the development and the implementation of consensus in
TRTFN governing bodies. (Article 8.4.4)
a. This duty most obviously and urgently includes the Clan Directors
Council.
b. In failing to accommodate and integrate Crow Clan Director David
Moss, the Spokesperson compromised the ability of the Clan
Directors to fully represent, reflect, and balance the interests of both
clans and their Citizens in all Council deliberations and decisions.

Having observed that he could not accommodate and integrate Director

Moss into the Clan Directors Council, the Spokesperson failed to take the
next logical and legal step as required by TRTFN law under Article 2,
Chapter 7 of the Clan Directors Code of Conduct and Section 4.2 of the
TRTFN Custom Election Regulation. He did not act to have Director Moss
replaced in a by-election.
a. Failure to do so led (after elected Wolf Clan Director Debra Wesley
resigned and was not replaced in a by-election) to the lack of a valid
quorum at all Clan Directors Council meetings and for all Council
decisions after Director Wesley resigned. All such Council decisions
have been and still are unconstitutional and invalid.
b. It meant that the Spokesperson and other Directors had effectively
agreed to compromise (by not having full constitutionally valid
representation and quorum at its meetings) the ability of the Clan
Directors Council to reflect and balance the interests of both clans and
Citizens in all Council deliberations and decisions.

By acting in the manner described in the points above and in other ways
not detailed here, Spokesperson Ward failed in his duty to respect and
uphold diligently Section 2 of the TRTFN Constitution Act, 1993 and its
unshakable commitment to maintaining Tlingit national identity,
sovereignty, and integrity.

Page 3 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

I/We call on the Clan Directors Council to begin immediately to carry out the
steps outlined in Chapter 8 of the Clan Directors Code of Conduct, within the
time frames set out in that Chapter.
We take this action in the spirit of and commitment to Articles 2.10 and 2.12 of
Taku River Tlingit First Nation Constitution Act, 1993:
2:10 Each Tlingit is responsible for protecting, preserving, and promoting
Tlingit land, laws, culture and spirituality.
2:12 Strength and balance in all relationship requires us each to respect,
trust, care and share. As Tlingit, we stand together in a circle and, in this
way; we are connected to each other and all life.
B. Grievance Against Clan Director David Moss
Re: DISCIPLINARY PROCEDURES under CHAPTER 8 of Directors Code of
Conduct
I/We the undersigned hereby file a grievance against the TRTFN Crow Clan
Director (Inactive) David Moss. We cite these grounds:
Failing to exercise due diligence in the performance of duties in his elected
position by:

Allowing other members of the Clan Director Council to ignore his

objections to decisions in a way that allowed them to appear to
have consensus when there was none.

Withdrawing from participation in the TRTFN governance process

in protest against such treatment by other members of the Clan
Director Council, thereby enabling them to make certain decisions
that he and other Citizens and members of his Clan opposed or
might oppose.

Denying quorum status to any meeting of the Clan Directors

Council after the resignation of elected Wolf Clan Director Debra
Wesley and the unconstitutional and (under TRTFN law) illegal
appointment of Phillip Williams to take her [Debra Wesley] place.

By making those choices without consulting with or taking advice or

direction from his Clan Leader and members of his Clan at Clan
Meeting.
Page 4 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

I/We recognize that elected Director Moss may not have been given appropriate
support and guidance by Spokesperson Ward, his fellow Crow Clan Director Toni
Welch, and his Wolf Clan colleagues, and this may have led him to conclude
incorrectly that he had no option but to withdraw. But while I/we sympathize with
his [David Moss] dilemma, I/we must press the issue because of the impact
elected Director Mosss action had on quorum status for the Clan Directors
Council and the decisions the Council made after the resignation of Debra
Wesley.
Please note that, while we are filing this grievance against duly elected Crow
Clan Director David Moss, because we believe he is no longer qualified to serve
on the Clan Directors Council, as a result of missing too many meetings, we have
full confidence in his commitment and ability to represent and speak for his Clan
Leader and his Clan at all times in all forums.
We also have full confidence in his commitment and ability to represent the
interests and concerns of all citizens, regardless of clan, as all Clan Director
Council members are supposed to do.
Article 9.2 of the TRTFN Constitution Act, 1993 says, The primary role of the
Clan Directors is to make decisions, in relation to the matters set
out in sections 9.3 and 9.4, for the benefit of both clans and all
clan members. (Emphasis added)
David Moss is the only member of the Clan Directors Council who has lived up to
that article consistently, sincerely, and in good faith. He has reported to,
consulted with, and taken direction from his Clan Leader, his Clan members and
the Wolf Clan Leader and members of the Wolf Clan in citizen meetings. He has
the respect and confidence of the Citizens, and deserves the respect of the Clan
Directors Council. We regret the fact that other members of the Clan Directors
Council have shown a lack of respect for all of us by showing a lack of respect to
David Moss who remains, in fact, the only member of the current Clan Directors
Council who was duly elected, with a majority of votes cast in his favour.

Page 5 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

C. Grievance Against Clan Director Phillip Williams
Re: DISCIPLINARY PROCEDURES under CHAPTER 8 of Directors Code of
Conduct
I/We the undersigned hereby file a grievance against the TRTFN Wolf Clan
Director (Acting) Phillip Williams. We cite these grounds:

Serving as a Wolf Clan Director without having been elected to that

position. The TRTFN Constitution Act, 1993 does not allow for members
of the Clan Directors Council to be appointed. Thehy must be elected or
acclaimed in a general election or a by-election (Section 42)

Participating in decisions and dealing with confidential and sensitive

material and issues while not qualified, due to not having been elected or
acclaimed.

D. Grievance Against Clan Director Toni Walsh

Re: DISCIPLINARY PROCEDURES under CHAPTER 8 of Directors Code of
Conduct
I/We the undersigned hereby file a grievance against the TRTFN Crow Clan
Director Toni Welch. We cite these grounds:

Failing to reside in the Atlin area within the TRTFN territory during a term
of office, as required by Article 7.2 of the TRTFN Custom Election
Regulations.

Encouraging, supporting, participating in, initiating, allowing, accepting,

condoning and/or failing to take steps to correct the violation of the TRTFN
Constitution Act, 1993 and the TRTFN Clan Director Code of Conduct
attributed to Spokesperson John D. Ward, Wolf Director (Acting) Phillip
Williams, Crow Clan Director (Inactive) David Moss, Wolf Clan Director
Marilyn Jack, as noted in separate grievances filed against those
individuals.

Failing to report diligently in a timely manner to her Crow Clan Leader and
Clan members on all proposals, activities, and decisions affecting the
Crow Clan and its members and the TRTFN and all its citizens.

Page 6 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

Failing diligently to seek and accept advice, guidance and direction from
her Clan Leader and Clan members on all proposals, activities, and
decisions affecting the Crow Clan and its members and the TRTFN and all
its citizens.
E. Grievance Against Clan Director Marilyn Jack
Re: DISCIPLINARY PROCEDURES under CHAPTER 8 of Directors Code of
Conduct
I/We the undersigned hereby file a grievance against the TRTFN Wolf Clan
Director Marilyn Jack. We cite these grounds:

Failing to reside in the Atlin area within the TRTFN territory during a term
of office, as required by Article 7.2 of the TRTFN Custom Election
Regulations.

Encouraging, supporting, participating in, initiating, allowing, accepting,

condoning and/or failing to take steps to correct the violation of the TRTFN
Constitution Act, 1993 and the TRTFN Clan Director Code of Conduct
attributed to Spokesperson John D. Ward, Wolf Director (Acting) Phillip
Williams, Crow Clan Director (Inactive) David Moss, Wolf Clan Director
Marilyn Jack, as noted in separate grievances filed against those
individuals.

Failing to report diligently in a timely manner to her Wolf Clan Leader and
Clan members on all proposals, activities, and decisions affecting the Wolf
Clan and its members and the TRTFN and all its citizens.

Failing diligently to seek and accept advice, guidance and direction from
her Wolf Clan Leader and Clan members on all proposals, activities, and
decisions affecting the Wolf Clan and its members and the TRTFN and all
its citizens.

2. PROTOCOL AGREEMENT BTW TRTFN & ATELP

No rent being paid by ATELP and the corporation should be provided a

timeline to pay their rent arrears. However, within the corporation audit, it
appears that rent is being paid and there may be an internal transfer
between the TRTFN and ATELP to cover the rent.

TRTFN has managed to transfer upwards of a million dollars to ATELP

Page 7 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

Each member should have a copy of the ATELP Articles of Incorporation

& By-laws. Where are the ATELP Articles of Incorporation & By-laws?

Where is the proof that the TRTFN is in partnership with ATELP? If there
is no partnership approved by the people, then the contracts are not valid.

The corporation needs to be at arms length from the TRTFN

3. LEADERSHIP CODE OF CONDUCT

Under the Leadership Code of Conduct, one member can file a grievance
against the leaders, which is what those present are doing.

In discussing the grievance against the entire Clan Directors Council, and
when looking at the leadership code of conduct, normally what happens if
a grievance is filed against one Clan Director, then the grievance is heard
by the remaining Clan Directors. So, in this case, where the grievance is
against the entire Clan Directors Council, the grievance would, by default,
go directly to the TRTFN Elders Council whom we understand to be:
Wolf
Lorraine Dawson
Richard Carlick

Crow
Lillian Esquiro
Louise Mason

Junior Bryan Jack

Junior Tom Esquiro

The TRTFN Elders Council above were appointed by the members in

attendance at a JCM.
4. EMPLOYMENT OF TLINGIT MEMBERS

Our members are not employed while others from outside our community
are employed and we are ready to work. Some departments have no
Tlingit members working in them at all.

5. MOVE O&M INTO COMO LAKE BUILDING OWNED BY TRTFN

Members present could see the logic of moving O&M to the Como Lake
Building owned by TRTFN.

Page 8 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

However, there is concern that the O&M equipment will be transferred to
ATELP and that we are moving to a corporate government [privatization].
Three TRTFN vehicles have already been transferred to ATELP without
signature of Clan Directors Council quorum for $1
6. TRTFN GRIEVANCE PROCESSES

There is concern that when grievances are brought to the attention of the
leadership and/or management, the grievances are simply ignored and
nothing

Members who have filed grievances that have not been resolved are
encouraged to make copies and hand them out to those present at the
upcoming JCM Feb. 28th and March 1st, 2015

7. JCM ATTENDANCE & ACCESS TO LEADERSHIP

Members go to the JCMs hoping to have their personal [individual] issues

resolved, but the Agenda is already set. The people arent being heard,
so they say, Why should I go to the JCM?

People are being labeled as unruly when they are just bringing up their
problems until they are heard.

It was also recognized that each Clan Member is responsible for their own
behaviour and should behave respectfully and not interrupt or have side
discussions while the meeting is going on. We have to respect the
process.

There is an atmosphere at the JCM that discourages people from

speaking their mind and information is presented in a manner that does
not create informed consent.

One of the hardest things to do is sit quietly at a JCM and listen to

information that is not true.

8. CLAN MEETINGS

There is a need to have regular clan meetings on a regular basis as

required as our constitution, however, our Clan Leaders do not have
administrative support as there is no longer a Governance Assistant.
Page 9 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

9. CLAN DIRECTORS

There is concern that the Clan Directors must reside in the Atlin and be
half-time so that they can make informed decisions on our behalf.

Two days participation as Clan Directors does not create informed

decision-making on behalf of clan members.

10. TRTFN ELDERS

A member shared that they attended a trip with Chieftan Mines down
south and met our Spokesperson on the plane and there was a Treaty
Meeting in Vancouver and no TRTFN Elder from Atlin was at the meeting.

11. FAVOURITISM

It appears that only those who support the current leadership are included
in terms of work or trips.

12. TRTFN CONSTITUTIONAL EDUCATION

We need and have repeatedly asked for workshops on understanding and

implementing our constitution.

13. TERM OF LEADERSHIP

The leadership term ends in April period.

14. TRTFN MANDATES

We, as members, need to draft mandates that we want considered by our

fellow members in a JCM because we dont want dictatorship and we
need to move this nation forward.

15. ILLEGAL MEETINGS

Page 10 of 11
Notes of Joan Jack, Crow Clan (Adopted)

TAKU RIVER TLINGIT PEOPLES MEETING

February 7, 2015
Downstairs TRTFN Government Building

There is no such thing as an illegal Tlingit meeting Tlingit members can

meet any time and anywhere they want. [It was under the Indian Act, prior
to 1951, that it was illegal for more than two registered Indians to meet!]

Tlingit members are meeting at Richard Carlicks home on February

21st on Saturday at 2 pm

Page 11 of 11
Notes of Joan Jack, Crow Clan (Adopted)