Passamaquoddy Chief Fred Moore of Sipayik has indefinitely suspended, without pay, Vice Chief Vera Francis from her executive duties and responsibilities with the tribal government following her being charged with three misdemeanor offenses that stemmed from a drunk driving charge against another tribal member. Chief Moore says that the action does not require the approval of the Sipayik Tribal Council, but some tribal councillors believe the suspension violates the Sipayik constitution and tribal government personnel policies and have submitted at statement nullifying the suspension.
     In his September 11 letter to Francis, Moore wrote, "Your conduct during the early morning hours of September 4, 2015, have caused tremendous embarrassment for the Passamaquoddy Tribe as a whole and has cast severe doubt on your ability to serve in your capacity as vice chief." According to Moore, Francis allegedly threatened the police officer who made the OUI arrest that he would lose his job if he didn't release the individual. He says the alleged action is contrary to the Sipayik constitution, Francis' oath of office and the newly adopted ethics policy. "It's contrary to everything we swore to uphold of Passamaquoddy values and the laws of the tribe," says Moore. "My decision was made in the best interests of the reservation and tribal members, because we have policies dealing with substance abuse and its effects. We've spent untold millions on combating the effects of substance abuse."
     Francis is still the vice chief, since she was elected by tribal members to that position and can only be removed through the recall process. "I have an obligation to protect this community, and I am not going to place this burden on the people," says Moore.
     He says he has the authority to take the action, since the Sipayik constitution states that the chief has the principal administrative authority over the reservation.
     However, tribal councillor Madonna Soctomah believes that Moore does not have the authority to suspend the vice chief. "Elected officials are not empowered to sanction other elected officials over their private behavior," she says. "We are not attorneys, we are not judges. We don't have the authority to judge people's behaviors." The tribe's constitution delineates the authority of the chief and council, and they "cannot condemn and convict a person before a trial in a court of law." She says the action by the chief "is a violation of the oath of office, when you mix personal vindictiveness with that office."
      Noting that the constitution and personnel policies protect the rights of tribal government employees, with procedures for filing a grievance, Soctomah says the tribal council "stands by the tribal policies in relation to any employee." Of Moore's action, she says, "He did not abide by any policy or consult with anybody."
     Four tribal councillors have submitted a petition to the tribal clerk for a council meeting to discuss the suspension, along with the relocation of tribal government employees and programs and tribal resources, income and expenditures. Councillors verbally requested a meeting for September 24, because of the urgency of the matters, but it instead has been scheduled for October 5 at 5 p.m. A meeting on the suspension issue was scheduled for September 23 at 1 p.m., but some councillors were unable to attend. The four councillors then directed the chief and tribal clerk to schedule a meeting for September 28 at 4 p.m. on the suspension. A council meeting has since been scheduled for that date at 5 p.m., but the suspension is not on the agenda.
     The four councillors C Soctomah, Philip Farrell Jr., Marla Dana and John Dana C also submitted a statement on September 22 that the vice chief's suspension was executed without constitutional authority. In their statement, they nullified "the mean-spirited intent of Sakom Moore's letter" and recognized the full administrative authority of Vera Francis as vice chief.

Police report on incident
     Francis was charged with the Class D crime of improper influence, the Class E crime of hindering apprehension or prosecution and the Class E crime of permitting unlawful use of a motor vehicle, following an incident in Eastport in the early morning hours of September 4 that involved the arrest of another individual for operating under the influence.
Officer Michael Donahe of the Pleasant Point Police Department had been called to assist the Eastport police with another complaint and observed a vehicle that he believed was being operated by an intoxicated driver. After he stopped the vehicle, he conducted a field sobriety test on Laura Dana, 56, of Pleasant Point before taking her to the police station for an intoxilyzer test. The vehicle is owned by Vera Francis, who was with Dana in the Jeep, and, according to Pleasant Point Police Chief Pos Bassett, Donahe "felt that she was using her authority for him to take a different route than arresting her [Dana] for OUI." Bassett says there was no offer of a bribe, though. According to Donahe's incident report, Francis allegedly said, "Come on Mike, I helped you out, now you need to help me out."      Donahe's report continues, "I told Vera that I was doing my job, and I do my job no matter who it is. Vera responded with, 'Not for long.'"
     According to Bassett, the charge of permitting unlawful use of a motor vehicle can be brought if an individual knows someone is under the influence and allows that person to operate a vehicle.
     Francis is scheduled to be arraigned on the charges in Calais District Court on October 7.
     Francis' suspension is not the only personnel action that has been taken by the chief during the past year. Last April the executive director of the Pleasant Point Passamaquoddy Housing Authority, Alberta Newell, had been terminated from her position by Moore and Francis. In December, acting tribal manager Pamela Francis had been terminated by Moore, a day after a petition seeking the recall of Vera Francis was presented. In November, Marla Dana, the assistant director of the census department, was dismissed, along with two other tribal government employees.