New complaints officer

The Mohawk Council of Kahnawake (MCK) has announced the appointment of a new complaints officer, Martha Montour, by the Justice Services Division of the MCK.

Montour said that it was Kevin Fleischer, the MCK’s commissioner of justice, who reached out to her to see if she would be interested in applying for the position.

She was formally appointed by Council resolution on October 13, taking her oath of office on October 21.

“It’s a privilege,” said Montour of working in the community as the new complaints officer.

Montour explained that the complaints officer is not the one who decides whether a Council chief did in fact act in a way that goes against the Code of Conduct. Rather, the complaints officer gathers information before a complaint potentially moves to the Administrative Tribunal if it is found to have merit.

This is also outlined in the MCK’s Disciplinary Measures Regulations, which can be found online.

“It gives the community members a forum for any complaints about the conduct of the elected officials,” said Montour.

“I think it’s long overdue, because as our community grows, community members need a forum if they think they’re dealing with an official not following the Code of Conduct.”

The position, as well as the tribunal, is totally independent from Council.

“I think it’s important for community members that they don’t feel that I would be biased one way or the other about the complaint that they’re making,” said Montour.

Prior to taking on the role, she has had a lot of experience in the legal and judicial world.

Montour is a lawyer, a member of the Barreau du Quebec, a trained mediator who has done family mediation, a former member of the Quebec Police Ethics Committee, and is currently a commissioner on the Judicial Oversight Commission appointed by the Saint Regis Mohawk Tribal Council.

Fleischer, in the MCK’s announcement, said that her experience and expertise would be valuable.

“We are confident that Martha Montour’s experience and professionalism will uphold the integrity of the complaints process. Her background in law and ethics makes her well suited to ensure a fair and transparent process for all parties involved in a complaint,” he said.

For Montour, her experience lends credibility to the complaints process.

“Because I’m independent, I’m not working for the Council. I work for the community members,” said Montour.

“Working in family mediation, you have to see both sides of the story. They have to trust me that I’m not taking sides in the situation. It’s the same thing here.”

According to the MCK Disciplinary Measures Regulations, any member of the Kahnawà:ke Kanien’kehá:ka Registry (KKR) who does not have their membership suspended may submit a formal written complaint addressed to the complaints officer, filed with the Court of Kahnawà:ke. The written complaint must be filed within 30 days of the act or conduct, or within 30 days of gaining knowledge of that act or conduct.

A $100 fee must also be paid to file a complaint. If the complaint is not considered “frivolous, vexatious, or clearly without merit” the fee will be reimbursed.

Complaints are considered to be any of those three things if “it lacks  substance, is hopeless, or plainly cannot succeed in its purpose,” as determined by the complaints officer.

Complaints cannot be made if the act or conduct has occurred more than three years prior to the complaint.

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