Caldwell council accuses on leave chief of breaching fiduciary duty

After more than two weeks of silence, Caldwell First Nation council members are shedding more insight into why Chief Mary Duckworth is on a paid leave of absence — and they aren't happy.

In a memo released to community members and obtained by CBC News, the band's four councillors allege Duckworth has breached "fiduciary duty."

The six-page memo lists off reasons for her paid leave of absence including:

• "Acting without authority", in allegedly trying to have a terminated employee keep working on band matters
• "Conflict of interest", in allegedly suggesting increased pay for a band-hired family member
• Missing meetings, including the most recent band members meeting
• Providing a lack of information on Caldwell events and a pension initiative

"The cumulative effect of many of these items, if not individually being a breach of fiduciary duty, would represent a breach of fiduciary duty when all is taken into account," the memo concludes.

CBC News has attempted to reach out to Duckworth who said she's been instructed by her lawyer not to speak.

Councillors didn't want to talk about the situation either. Acting chair James Peters said he would not be making any comments while fellow Caldwell councillor Robyn van Oirschot referred CBC to Peters. She said she wanted to resolve the issue with the chief but hadn't heard from her.

Council hasn't heard from chief

The situation has thrown the tiny Leamington, Ont., based band back into controversy, something Duckworth was elected to help fix.

The band's former chief, Louise Hillier, was ousted after a forensic audit into a 2016 powwow found $247,790 in "unsupported" prize payouts for drummers and dancers and a $190,000 contract for video services was given to a company owned by Hillier's son without seeking other bids.

Duckworth was elected chief in January. But according to the memo, the chief sent a message to council on April 18 just a few months into her tenure, saying she was planning to resign. That turned into a paid leave of absence, announced by council in mid-June. 

• Caldwell First Nation elects new chief, council following powwow audit fallout​
• Audit of powwow shows $247K in 'unsupported' payouts

Council said they didn't comment on the leave initially as they wanted to give Duckworth a chance to respond to their allegations. They still haven't heard from her.

"The chief has made the statement that she feels 'unsafe.' She feels that council members are working against her," the memo reads. "The safety of all persons is of concern and once again, full details of what makes her feel that she is unsafe should be provided to council, in confidence. Council then has a duty to deal with her concerns."

Band operations continue in Duckworth's absence and council has been meeting to discuss the issue. 

The First Nation has been working to establish a reserve near Leamington after getting a $105-million land claim settlement from the federal government in 2010.