Chief and councillor removed after pow wow audit nominated for Caldwell First Nation election

A former chief and councillor of the Caldwell First Nation are vying for council positions just two months after they were removed from their roles following a forensic audit that found lax financial controls during a 2016 pow wow.

• Caldwell First Nation council removes chief and councillor following audit

• Audit of Caldwell First Nation pow wow shows $247K in 'unsupported' payouts

Members of the nation near Leamington, Ont. voted in September to remove chief Louise Hillier and councillor Lonnie Dodge after the audit, which detailed $247,790 in "unsupported" prize payouts for drummers and dancers and a large video contract, which was awarded without competition to a company owned by the chief's son, David.

I think it's an absolute joke.-Theresa Lewis, Caldwell First Nation member

Provincial police launched an investigation into "alleged financial crimes" within the First Nation shortly after the audit was released, but concluded "charges are not anticipated."

The decision to remove Hillier and Dodge meant the band had 90 days to hold a general election for all four council positions and chief, so members met Saturday to make nominations.

A draft list of nominees obtained by CBC News shows Hillier is up for a council position, while Dodge is one of two candidates for chief — a revelation that came as a shock many in the First Nation.

"I think it's an absolute joke," said Theresa Lewis, a member of the nation. "I wish myself or someone else had made a motion that ... when you step down from a seat there's a period of time you can't run for a seat."

Hillier and Dodge did not respond to requests for comment Monday.

Director of Operations for the nation, Allen Deleary, said the band follows its own election code, which outlines rules and procedures for nominating a chief and councillors.

Every election is overseen by an independent electoral officer who ensures "fairness and transparency" in the process, he added.

Deleary did not directly answer questions about whether or not the election code includes a rule barring members who were removed from their roles from running again, describing it as a "bit of a ludicrous question."

"Within any government policy, procedure and legislative codes, people are innocent until proven guilty," he said. "In electoral process or political processes more over, at the end of the day that's the decision of the voters.

Deleary also noted the current nomination list is just a draft ahead of the Jan. 20 election — names can still be added or taken away.

Nominations show 'no shame'

Lewis credits Hillier and Dodge's presence on the nomination list to large families who are still willing to support them.

"When it comes to family and politics it's very hard to separate yourself from those two," she explained.

Lewis pointed out the fact the pair were nominated doesn't necessarily mean they'll end up getting elected.

"Anyone can be nominated, anyone can be seconded," she said. "But I think it shows a couple of people here have no remorse at all ... no shame."

Nation still trying to recover funds

Back in September, members of the nation voted to try to reclaim $60,000 — a fraction of the $190,000 contract the audit states was withdrawn by Hillier to pay Moccasin Media, a company owned by her son, to produce a video and live stream of the event.

The First Nation also decided to try to recover $55,000 from David.

This time a lot of people are angry.- Theresa Lewis

Councillor Lonnie Dodge told auditors it was his opinion that council did not have to vote on the video contract as it was within the approved $500,000 budget for the pow wow.

The audit recommended a legal opinion be sought as to whether Dodge, who signed the contract, breached his fiduciary duty to the band. The audit also recommended a legal opinion be sought as to whether a conflict of interest exists between Chief Hillier and Moccasin Media.

Lewis explained efforts to regain that money are still ongoing, but added strong feelings following the audit are sure to play a role during the election.

"This time a lot of people are angry we were lied to and that we were stolen from," she said. "I don't even think it's going to be a close race at all."