The Lower Nicola Indian Band (LNIB) council has suspended Chief Victor York and Coun. Harold Joe for a slate of alleged violations of band policy.

The alleged violations of band policy include trying to fire Lower Nicola interim executive director Arnie Narcisse, convening meetings, and attempting to change the signing officers for the band's bankers without the full council's knowledge and approval.

Narcisse told the News in an interview Tuesday, "We've met and they made a couple of major decisions, including the suspension of Victor York and Harold Joe for 30 days."

Five of the band's councillors: Robert Sterling Jr., Molly Toodlican, Mary June Coutlee, Joanne Lafferty, and Stuart Jackson, voted unanimously to suspend York and Joe without honoraria (effectively pay) at a Sept. 28 council meeting.

York and Joe were absent. The meeting minutes did not record any reason for their absence. The remaining councillor, Lucinda Seward, was absent due to illness.

"This motion is in accordance of and with support of the LNIB membership in their motion made at the band general meeting on September 26," read the minutes.

The councillors present on Sept. 28 also voted unanimously to extend Narcisse's contract by three months, until the end of 2011.

"I'm getting the sense that we're coming to the resolution of a lot of issues that have been hanging over this band, and I'm not just talking about this term. I'm talking about the last three terms," said Narcisse.

The Sept. 28 meeting in which York and Joe were suspended was the first to take place since the Federal Court completed its judicial review of last December's election appeal decision.

Lower Nicola members elected seven councillors and York in October 2010. That December, a committee of band elders investigating two appeals against the election results determined that Coutlee, 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.

In a decision dated Sept. 23, Justice John O'Keefe of the Federal Court upheld the results of the election held on Oct. 2, 2010 and overturned the remainder of the election appeals committee's findings.

Some of those findings, no longer considered valid, are that evidence indicated Toodlican, Lafferty, Jackson, Seward, and defeated chief candidate Aaron Sam engaged in corrupt election practices.

A new committee of elders made up of band members, who were neither part of the former appeals committee nor a past Elders Investigative Committee (EIC), would re-examine the election appeal, which Charlene Joe filed. Narcisse said the band's chief electoral officer, Fred Schiffner, would convene the new appeals committee upon his return from the United States.

Charlene Joe told the News Wednesday that she did not wish to comment on the court's ruling at this time.

The EIC had examined accusations of councillors misappropriating band funds during the 2004-07 term. That committee stated in its decision that Coutlee, Jackson, and another councillor, Clyde Sam (Aaron's father), misappropriated $1.2 million in band money.

Aboriginal and Northern Affairs Canada (then Indian and Northern Affairs, or INAC) commissioned KPMG to conduct a forensic audit of the band's finances from 2004-07 as a result. In its report, presented last month, KPMG concluded, "Based on our review, the amounts paid to each councillor from the LNIB bank account…do not represent a misuse of INAC funds."

However, since that audit's scope only included the use of federal money, issues of governance and the use of the band's own money was not examined.

Narcisse said, "Council is considering KPMG to do another internal forensic audit to investigate the expenditure of all band and INAC funds from '07-10."

That audit would include band-owned companies, such as NAIK Development Corp., Shulus Cattle Co., Shulus Forest Enterprises, and LNIB Construction.

As for York, Narcisse said he will have the chance to speak.

"Victor will be given the opportunity to explain himself. Council will be inviting him to the next duly convened meeting to explain his actions."

Responding to an interview Wednesday, York said, "I can't add any more to whatever comments the justice made."

York then said he could not speak further since he was currently travelling on the highway.

In a June interview, he had said, "I'm sure everything's going to work out. We'll be able to pull everything back together."

Harold Joe did not respond to a telephone message or email requesting comment.