Lower Nicola interim executive director Arnie Narcisse says Chief Victor York's attempt to fire him June 14 ignores his members' will and violates a Federal Court order regarding last October's disputed band election.

York arrived at the Lower Nicola Indian band (LNIB) office on the morning of June 14 with a letter in hand dismissing Narcisse from the position, which is responsible for the band's day-to-day operations. He named Victor Tom, former executive director of the Nicola Tribal Association, as Narcisse's replacement.

Narcisse says he refused to leave the position or his building. He says band staff contacted the Merritt RCMP to "keep the peace" but York left the office and police did not intervene.

"I told him that I don't recognize his authority, that he, as an individual member of council, cannot tell me, as executive director, what to do. It is only the council quorum that can tell me what to do," says Narcisse.

York as well as David Clayton, Marcy Garcia, Charlene Joe, and Harold Joe passed a band council resolution June 7 removing Narcisse. Copies of the resolution were also sent to Royal Bank and Peace Hills Trust in Alberta, the band's bankers in an unsuccessful effort to change the band's signing officers.

However, Narcisse argues that Clayton, Garcia, and Charlene Joe are not qualified to vote on his dismissal per a Federal Court order made in February.

"I'm saying that the band council resolution they purport to be valid is invalid."

Lower Nicola members elected seven councillors and York last October. However, in December, a committee of band elders investigating two appeals against the election results determined that Couns. Mary June Coutlee, Stuart Jackson, and Robert Sterling were ineligible to run under the band's election rules. David Clayton, Marcy Garcia, and Charlene Joe, the three candidates with the next-highest number of votes, should take their place, the committee concluded.

Demonstrators picketed the band office after that decision. They argued that the committee could neither remove nor appoint councillors under the same election rules cited by the committee.

The band applied to the Federal Court for a judicial review of the elders' committee's decision to determine its validity.

On Feb. 8, Federal Court Justice Simon Noel ordered that until his court had completed a judicial review, the council elected in October would continue to decide the day-to-day affairs of the band, such as providing essential services and managing administrative staff.

Noel also ordered that any decisions "that address the LNIB membership's long-term interests" such as the BC Hydro Interior-Lower Mainland line and the development of Exit 286 be made by a "Special Council" made up the elected chief and council as well as Clayton, Garcia, and Charlene Joe. That council would make decisions by consensus.

The application for judicial review was heard in late March but Noel has yet to hand down his decision.

A Lower Nicola Indian band legal notice that was dated June 14 and appeared in the Kamloops Daily News on June 21 stated, "These Band Council Resolutions are blatant attempts to disregard an existing court order and to illegally gain financial control of Lower Nicola Indian Band."

The notice then named the elected chief and council and stated that only they are legally authorized to sign band council resolutions.

Narcisse says Clayton, Garcia, and Charlene Joe were not authorized to vote on and thus sign the June 7 resolution and their membership in the Special Council does not apply, either, since only part of that council decided to dismiss him.

"It's only on a basis of full consensus that anything can move forward. So they all agree, or nothing happens."

Since he was officially hired in January, York has already tried to remove him on several occasions, Narcisse says.

"I think this marks about the fifth time he's tried to get me out. It's continual harassment."

Several Lower Nicola Indian band members protested outside the band office on June 14 in support of Narcisse.

The demonstrators say that York has repeatedly shown an unco-operative attitude and ignored the will of band members in his decision-making.

"We're the ones who vote and hire the chief and council. They're supposed to work for us. They're trying to think for us," said Sheree Moses.

Shannon Kilroy, a fellow demonstrator, agreed. "As members, we're getting really fed up. He (York) is just deciding whatever he wants to do and trying to bully the members."

Narcisse says, "We have the confidence of Indian and Northern Affairs Canada and we have the confidence of our banking institutions.

"I'm thankful for the confidence of our membership as well. They basically want Victor York to quit interfering in the conduct of daily business."

York declined to comment on Narcisse specifically but said Tuesday, "I had to make some decisions as a chief. I had to do some things I didn't want to do. I'll leave it at that."

For all their disagreements, both sides are anxious for the Federal Court to complete its review.

York says waiting for the court has hampered the council's ability to govern and caused even greater tension among members.

"It's caused quite a challenge. It split us all apart.

"We're patiently waiting for the court order to come back to find out who's on my council. They'll set the pace for us."

Narcisse agrees. "The sooner the judicial review comes down, the better off I think we'll all be."

Despite the ongoing tension at Lower Nicola, York says he is optimistic for the band's future once the court gives its decision.

"I'm sure everything's going to work out. We'll be able to pull everything back together."