Teenage Wasteland

Teenage Wasteland
Decisions, trust, questions
Jessica Deer
The Eastern Door

Last month, the decisions from the investigations into the complaints made against Mohawk Council of Kahnawake (MCK) Chiefs Carl Horn and Kahsennenhawe Sky-Deer were announced.
The complaint against Horn stemmed from comments he made during K103’s Partyline Talk show this summer. Lawyer Lisa Hollinger’s report found that Horn’s statements were inaccurate, but suggested that no Act of Censure be passed against him.
However, under section 5.6 of the MCK’s Disciplinary Measures Regulations, the recommendations are not binding on Chief and Council so they opted to hold a secret ballot and unanimously voted in favor of the Act of Censure, in the form of a disciplinary letter.
In regards to Sky-Deer, she received three separate complains from one community member. The investigator appointed in the case was lawyer Lysanne Cree.
Cree found that Sky-Deer did nothing wrong for the first and third complaints. However, she did find that Sky-Deer acted in a manner that was inconsistent with her responsibilities in regards to the second complaint and recommended that that an Act of Censure be imposed against her.
Chief and Council held a secret ballot for complaint two and five out of eight chiefs were in favor. Even though it was a majority, according to the Disciplinary Measures Regulations, there must be at least seven votes for to be passed. Thus, Sky-Deer did not receive an Act of Censure.
Over the past few weeks, the media and community members in general have been criticizing the MCK on how they handled these two complaints.
First, they wasted time and thousand of dollars hiring outside investigators, yet they didn’t even listen to the investigators’ recommendations.
As previously mentioned, they are not bound to the recommendations. So, why even bother with the entire process in the first place? Was it merely done in the hopes that it would be in favor of their already set decision?
Second, why isn’t there a separate body that overlooks Chief and Council? I don’t think they ought to be voting through secret ballots against each other. Personal opinions of one another cloud their judgment on what is right and wrong.
Then again, even if a separate body existed, the same issues would probably arise. In Kahnawake, it is often hard to separate professionalism and unbiased decisions from personal opinions, vendettas, friendships, family members and having preconceived notions of certain community members. I suppose it is like that in most “small” towns.
Third, only seven chiefs voted in the secret ballot for Horn’s decision. Whereas, eight chiefs voted in Sky-Deer’s.
According to the MCK in last week’s THE EASTERN DOOR, Chief Peggy Mayo-Standup’s participation was necessary in Sky-Deer’s because otherwise they would not have been able to achieve the required number of chiefs indicated on the Disciplinary Measures Regulations for the Vote of Non-Confidence to proceed.
If that were the case, why wasn’t it necessary for Mayo-Standup’s participation in the vote regarding Horn?
In addition, normally it would make sense that at least seven chiefs must vote in favor of a decision in order for it to be passed. However, normally there are 12 chiefs. In this case, there were only 11 chiefs, in addition to one being on sick leave and three unable to vote due to conflicts of interest.
In terms of fairness, the Disciplinary Measures Regulations ought to be adjusted because the minimum of seven votes just didn’t make sense under this circumstance.
Perhaps having it changed to “the majority” or “at least 51%” would make more sense in the future if something like this were to occur again.
Regardless, there is no doubt that these complaints and the media coverage stemming from the decisions made about them will ultimately have an impact on these two chiefs’ futures.
Horn’s comments on K103 were found to be inaccurate. Whether the comments were said in bad faith or whether he just lacked professionalism in being unaware that they were inaccurate, Horn ultimately looked bad with or without the Act of Censure against him.
Likewise, even though Sky-Deer does not have anything on her “permanent record” so-to-speak and avoided the Act of Censure on a technicality, her level of professionalism can also be questioned.
Overall, these are two examples of how the disciplinary process for chiefs is flawed and how Chief and Council’s emotions override unbiased decision-making. It is no wonder that community members often have a hard time trusting them.

jessicad@easterndoor.com