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GUKEYEH GUK’EH GU’SANI Kaska Dena Good Governance Act

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Presentation on theme: "GUKEYEH GUK’EH GU’SANI Kaska Dena Good Governance Act"— Presentation transcript:

1 GUKEYEH GUK’EH GU’SANI Kaska Dena Good Governance Act
Prepared for Presentation to Annual General Assembly August 12, 13 and 14, 2008

2 Part 1 – Council and Executive Authority
purpose of the Act is to provide for the exercise of the National Government’s legal capacity and self governing powers and the management and administration of the National Government Council shall exercise the capacity rights, powers and privileges of the National Government

3 Council delegates to the Executive the authority on behalf of the Government to enter into and delegate the power to enter into contracts, agreements, memorandum of understanding, acquire and hold property, raise, invest and borrow money, form corporations and other legal entities, and appoint any person to serve as a member of any board committee or commission Executive may assign to any member of the Executive responsibility for the administration, application and enforcement of the particular law Executive may establish any symbol by which the Nation or Government is to be represented National Gudesdeje or other member of the Executive designated by the National Gudesdeje must preside at meetings of the Executive

4 Executive may establish committees for any purpose
Committee of the Executive may comprise of persons who are not members of the Executive a decision by a committee of the Executive will be effective only if the decision is approved by a resolution of the Executive or if the decision is subsequently approved by resolution of the National Assembly or the Council and each Kaska First Nation Government National Executive may establish regulations, rules and policies regarding access to the Government by the citizens to any program or service offered by the Government where the Executive has determined on reasonable grounds that there is an emergency the Government may take such steps as it considers necessary to represent and protect its rights, titles and interest

5 Part 2 – Standards and Accountability
every Council and Executive member shall swear or affirm the Kaska Dena National Oath of Office and Oath of Confidentiality oaths to be administered before the National Elders Council oaths to be in writing and signed by the Council or Executive member oath shall include adhering to the principles of loyalty, respect for the Constitution, accountability to citizens, and to act in the best interests of the Nation and citizens every Council and Executive member who directly or indirectly has an interest that conflicts with the interest of the Government shall disclose the nature and extent of that interest to the Council or Executive Council may by regulation establish procedures for the disclosure and resolution of conflicts or perceived conflicts of interest

6 no Council or Executive member shall receive or agree to receive any fee, compensation or reward in relation to the preparation or promotion of any law, resolution, question or decision no person shall offer a member a reward to use his or her position to promote any law, resolution, question or decision Executive to establish a committee to investigate complaints of an alleged violation of undue influence and Executive to take such action as it seems necessary to enforce any violation personnel policy of the Government shall apply to and for the benefit of the members of the Council and the Executive

7 Council and Executive shall keep the records of its proceedings which discloses the items discussed, main issues considered, and any decision made including any formal resolutions records to be filed and maintained and be available to be read by any Citizen during regular business hours upon reasonable notice no access shall be granted to any person other than a Council or Executive member to a record that discloses any matter considered to be confidential by the Council or Executive

8 Part 3 – Kaska Dena National Judicial Council and Administrative Tribunal
Council shall establish a National Judicial Council National Judicial Council shall have powers to adjudicate cases of violation of National Laws, determine validity of National Laws or regulations or decisions, mediate or arbitrate disputes, appoint any investigative committee to review financial irregularities, and review appeals regarding removal from office of an elected official

9 Council shall also establish an Administrative Tribunal to investigate, hear and decide upon the decision making processes and procedures associated with a decision or recommendation made by an employee or agent of the National Government, any act or omitted to be done by the employee or agent, or any procedure used by an employee or agent that aggrieves or may aggrieve a person or group of persons Administrative Tribunal shall not have power to consider complaints that deal with the validity of law or any other matter specified by the Constitution or other National Law to be dealt with by the National Judicial Council Administrative Tribunal to conduct its appeals in accordance with principles of Dena Aaat Na San, natural justice, and administrative fairness

10 Part 4 – Departments and Staffing
Executive may hire Chief Executive Officer Executive may establish departments of the Government for better management and administration and operation of the Government mandate of the Department shall be set out in writing and approved by the Council and a suitably qualified person shall be designated by the Executive to act as the Senior Manager Chief Executive Officer and Senior Manager may employ such employees or staff to effectively administer the programs and services Council may establish a Senior Management Committee to provide oversight and coordination of programs and departments

11 Executive may establish a Hiring Committee for the purpose of hiring a Chief Executive Officer and Senior Manager Executive may establish a Law Drafting Committee for the purpose of drafting, reviewing and clarifying any legislative proposals referred to it Executive may establish any other committees from time to time offices of the National Government to be located in the vicinity of Watson Lake subsidiary offices of the Government may be located in any other location as determined by the Council

12 Part 5 - Registers Government shall maintain a register of Kaska Dena Citizens which shall contain the name and other identifying information of every living person who is a Citizen of the Kaska Dena Nation register shall be a record of information only and the entry or admission of any name does not create, deprive, increase or diminish the rights of any person Government shall maintain a register of National Laws which shall contain copies of the Constitution, and all laws enacted by the Government including regulations, proclamations, orders and directives approved by the Council and the Executive

13 Government shall maintain a register of National Legal Entities which shall contain the name and copy of the constituting documents of all corporations and other entities wholly owned or controlled by or for the benefit of the Government the Government shall maintain a register of National Contracts which will contain a copy of every contract or agreement entered into by or on behalf of the Government the register of National Laws shall be available for review by the public during business hours the register of National Citizens, Legal Entities and National Contracts shall be available for review by any citizen in accordance with Council policies

14 Part 6 - Liabilities no employees of the National Government are liable for anything done or omitted to be done in good faith in the exercise of any powers given to the employee under an enactment or as directed by the Council or Executive neither the Government nor the Council will be liable in negligence or any other cause of action in the exercise of passing a law neither the Government or Council is liable in negligence for not passing a law or not establishing a program or policy


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