It’s one of those things that might seem self evident…but it’s more often overlooked than you might think and done for what are believed to be the right reasons – often touted to save $$$. Unfortunately, though the end result is loss of faith and trust in the election processes and the governing Council, and sometimes an increased cost as much as ten-fold…I am speaking about appointing internally from the Nations own Administration Staff, Legal Counsel or Membership the Chief Electoral Officer.
I have to say that I have never in my experience found, or are aware of, any Nation to be intentionally fraudulent in this matter, but I am aware of dozens of successful elections appeals which resulted in all or part of the election to be redone…not to mention hundreds of elections, while not successful in appeal, which have created a culture and perception of distrust and angst in their communities about elections.
The former has both a financial cost and social impact that is immediately damaging in so many ways, not the least of which is the lost opportunity of using the money spent on lawyers, court costs and other related cost – those funds are lost forever and no longer available for other more meaningful and positive community priorities like health, housing and education for example.
“O Great Spirit whose voice I hear in the winds, I come to you as one of your many children. I need your strength and your wisdom. Make me strong not to be superior to my brother, but to be able to fight my greatest enemy: “Myself” – Chief Dan George
In both cases the social and community damage done can take generations to heal – and makes each successive, if the same practice is continued, election process a period of heightened anxiety and distrust. The election process and regulations are intended to provide a framework for transparency, fairness and certainty. However, having a person who is linked to the community through family or employment or contract – irregardless of their capacity and expertise – appointed as the Chief Electoral Officer can call in to question the integrity of your entire election process (and create disrepute for the appointing Council and administration).
Even while the technical meaning of ‘conflict of interest’ may not exist or occur – the perception of conflict of interest can be even more damaging precisely because it is shrouded in assumptions and perceptions (real or imagined). The solution of course is to appoint a Chief Electoral Officer that is free of any perceived or potential conflict of interest – someone who is both well qualified, proven in their ability to conduct open and transparent election processes, and who has absolutely no affiliation whatsoever with the Nation.
TRANSPARENCY IS ASSURANCE – TRUST AND ACCEPTANCE IS BUILT ON THIS FOUNDATION.
I would take the whole process even a few steps further and remove the whole matter from any doubt, and create an opportunity to establish and reinforce trust and integrity in your election process. It’s not necessary to attack or point out the specific people or short comings of elections processes and appointment of electoral officials from the past – but it is essential to publicly acknowledge any shortcomings of election process and the community sentiments or concerns, and then get on with implementing a selection process designed to built trust, heal any community distrust and restore faith in your election processes.
Here is what I suggest for the selection process steps for your next Chief Electoral Officer:
- Plan to appoint your Chief Electoral Officer at least 1 year in advance of the Election Date.
- Develop a plan for announcing, recruiting and selecting the Chief Electoral Officer.
- Announce and unveil the selection process/plan at a community meeting or appropriate social/cultural event.
- Set the required qualifications, timeliness for selection and appointment, and creation of selection committee.
- Make clear the expected and desired outcomes, for example, build trust and restore community faith in election processes.
- Appoint the selection committee and provide a clear mandate and directions.
- Appoint 3-5 committee members from a cross-section in your community.
- Set clear selection rules, qualifications and contract deliverable requirements for the Chief Electoral Officer.
- Have a definite appointment deadline.
- Have the committee provide progress and final report of the selection process to the community.
- Have Council endorse the selection with out delay – officially appoint the Chief Electoral Officer.
- Reveal Chief Electoral Officer and reinforce items announced in Part 2.
- Announce communications plan and efforts to engage community throughout the election processes.
- Publicly declare the transfer of all election processes, authorities and decision making directly to the Chief Electoral Officer.
- Execute the communications plan and contract requirements without exception.
- Allow the election processes and community engagement/participation to evolve without undo pressure or compromise.
- Create a strategy following the election process and outcome to maintain community engagement and participation in the governance of your Nation – keep the discussion going until the next election!
The key message here is to build an open and transparent processes and then execute it. While this chapter is focused on appointing a Chief Electoral Officer through an open and transparent process – it is also advocating for much more. It’s about building a strong, focused and successful First Nation based on good governance and trusted community leadership.
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Lawrence Lewis
“Truth never damages a cause that is just.” ― Mahatma Gandhi
About Lawrence Lewis
I do a number of things professionally...but most of all and the true purpose of what I do through "my work" is to provide for my family, be a good husband and great father, and try to make a difference as a world citizen...I guess it's not much more complicated than that 🙂