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 CBCNews, the band's four councillors allege Duckworthhas breached "fiduciary duty."

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

• "Acting without authority", in allegedlytrying to have a terminated employeekeep working on band matters
• "Conflict of interest", in allegedly suggestingincreased 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.

CBCNews hasattempted to reach out to Duckworth who saidshe's been instructed by her lawyer not to speak.

Councillors didn't want to talk about the situationeither. Acting chair James Peters said he would not be making any comments while fellow Caldwell councillorRobyn van Oirschotreferred CBC to Peters. She said she wanted to resolve the issue with the chiefbut 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 electedto help fix.

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

Duckworthwas elected chiefin January. But according to the memo, the chief sent a message to council on April 18just a few months into her tenure, saying she was planning to resign. That turned into a paid leave of absence, announced by councilin 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 Duckwortha 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'sabsence and council has been meeting to discuss the issue.

The First Nation has been working to establish a reserve nearLeamington after gettinga$105-million land claim settlementfrom the federal government in 2010.