TOBIQUE CO-MANAGEMENT ASSESSMENT by Third party managers - Arbuthnot, MacNeil And Dorey
    JULY 13, 2007

    1360 On-reserve population
    1906 Total population

    Previous co-management agreement began in December 2005 and was terminated on May 31, 2007.  
    Upon leaving the community the co-manager was fully paid, cashflow was minimal, cash balances
    minimal, commitments exceeded the band’s ability to meet, no RMP, no budget and no final report.  
    Additionally, there exists no report on activities nor an action plan to address the current plethora
    of issues facing this community.  Of particular note is the fact that co-managers were complicit in a
    scheme to have 2007-2008 funds advanced to the community in 2006-2007 in addition to a large
    bridge financing loan.  There was no plan in place by the parties to address the impacts of these
    actions post March 31, 2007.  

    The release of band cashflow by DIAND totaling some 47.3 % of the band’s total annual cashflow has
    resulted in the band’s inability to meet even the most basic essential programs and services at this
    point.  

    Current Deficit Ratio:                67.2 %

    Current Cash Balances:        $ 0

    Historically the band has received some $13.765 and $11.342 million in fiscal years 2005-2006 and
    2006-2007 respectively.  Current projected DIAND cashflow for 2007-2008 is some $10.258 million –
    some 25% less than 2005-2006 and 10% less than 2006-2007.

    The band is in its final year of its multi-year funding arrangement and does not currently meet the
    criteria for a further multi-year agreement.  This band can not effectively operate post March 31,
    2008 under a contribution agreement due to the massive amount of financial obligations it has
    incurred over the last number of years.








    TEDCO OPERATIONS:

    Five Separate Business Enterprises:

    1)        TEDCO

    -        main office shut down as of today
    -        no financial income for the current calendar year
    -        financially supported by the First Nation
    -        current cumulative debt to the band from overall TEDCO operations is some 2.6 million dollars
    with no likelihood of recouping these funds.  This does not include the inter-company debts.
    -        collective CRA obligations is some 2.1 million dollars with no plans for repayment
    -        every TEDCO operation is currently in a state of financial despair with debt obligations
    exceeding the operations ability to pay

    2) Maliseet Gas Bar:

    -        this represents the only business which, as an incorporated body, is capable of being a
    profitable business.  Management and accounting practices need to be strengthened to ensure this
    opportunity.
    -        A reported loss of about $20,000 for 2006-2007
    -        CRA obligations of some $441,000.00


    3)        Tobique Forestry

    -        loss of about $300,000 for 2006-2007
    -        CRA obligations of some $700,000
    -        Commercial harvest agreement was recently signed

    4)        Maliseet Capital Construction

    -        loss of $56,000 in 2006-2007
    -        not currently operating
    -        CRA obligations of $83,000

    5)        Tobique Truck Stop

    -        currently in receivership
    -        CRA obligations of $556,000
    -        Loss of $732,000 for 2006-2007
    -        Current operating regime is not conducive to making a profit

    6)        Ne-GootGook Fisheries

    -        operating loss of $247,000 for 2006-2007
    -        CRA obligations of 217,000
    -        Property tax due of about $138,000
    -        Minimal cash in bank and the non-fishing season is upcoming

    It is important to note that the accounting for these operations is incomplete and likely will never be
    fully completed.  This has lead to consistently “Qualified” audits for the last two years and will result
    in a qualified audit for 2006-2007 and 2007-2008.  Consolidation requirements will not be met for this
    fiscal as established by the First Nation reporting guide and not likely for 2007-2008.

    Additionally, there are TEDCO liabilities which have been linked into band operations and currently
    impact on band finances with no notice of these until after-the-fact.

    Band Operations:

    The political division on council has, and continues, to be an impediment to maximizing the
    communities growth and financial stability.  Information has not been freely provided to decision
    makers nor the community in general.  Recent community and elder meetings has resulted in
    several observations:

    1)        the community is generally unaware of the totality and severity of their financial crisis
    2)        the community understands changes are required but are not cognizant of the magnitude of
    the changes required
    3)        the community is demanding nothing short of full accountability and retribution for those who
    have placed the community in the current situation
    4)        the false economy which had been created in the past can not be sustained
    5)        social issues (ie drugs, alcohol, violence and mental health) are on the rise with no matching
    programs; and
    6)        the community is extremely open and informative and genuinely interested in community
    improvement and growth.

    The current DIAND cashflow is unable to sustain even the most basic of essential programs and
    services and certainly not the financial burdens currently plaguing the community.  The history of
    poor financial management, cash management practices, bridge financing, debt retirement and
    business practices has jeopardized the community in a most severe way – they are unable to meet
    their delivery responsibilities for essential programs and services at this time.

    Current DIAND cashflow is some $411,000 per month for August to December.  Minimal cashflow for
    January to March.  There can be no reliance on own-source revenue for 2007-2008 as major
    business re-organizations are required.  Additionally, legal issues will likely be commonplace as the
    businesses enter into financial bankruptcy and the band will likely bear some of this honerous
    reality.  In another community the shutting down of one incorporated body cost the band almost
    $200,000 if legal bills over an eight month period – Tobique can not afford any such actions but they
    are inevitable.

    Simply put the situation can be summarized as such.  The band’s DIAND cashflow for the next 5 five
    months is some $411,000 per month.  Social on-reserve and payroll totals some $480,000.  Current
    tuition obligations (behind by some $375,000 at present) is $125,000 a month, current power
    obligations for the band’s buildings is some $31,000 per month for the next few months and about
    $108,000 a month for social power bills.  This does not recognize CRA obligations, insurance, health
    and safety etc etc….

    Budget Requirements for the remainder of fiscal 2007-2008:

    Social Assistance                                        $3,440,000
    O&M                                                        $560,000
    Post Secondary                                        $1,066,000
    Education                                                $1,366,000
    Capital                                                        $580,000
    Housing                                                $1,040,000
    Administration                                        $1,492,000
    LTS                                                        $34,000

    Total                                                        $9,578,000                

    Less Current DIAND Cashflow:                        $2,800,000 (subject to confirmation)

    Total Cash Shortfall for Programming:                $6,778,000                        

    Note:  This does not take into consideration the honerous CRA obligations.  Additionally, unpaid
    liabilities from previous years suppliers are requiring considerable attention.

    Peace Hills Trust has been spoken with regarding the rumour of them having a $2 million line of
    financing.  Pat Connell (PHT) has advised this is not a fact.

    Off-reserve social is no longer being paid, council receives no pay, staffing has been reviewed and
    non-essential staff laid-off, financial controls have been implemented and continue to be improved
    on a daily basis.  

    The history of the band not reporting needs to be addressed.  Regular weekly Director/Manager
    meetings have been initiated to address collectively reporting and financial management issues.  
    Additionally, emphasis on cross-program collaboration has begun and will result in some savings
    and program efficiencies.  The staff salary reduction of 20% has had a minimal financial impact and
    has resulted in significant employee loss of morale, productivity and general loss of faith by the
    community in its administration due to the reduction in work being provided to the community.  A
    standard work-week is some 3.5 days and when holidays occur it is 2.5 days.

    The history of utilizing funding, often with the knowledge of funding partners, for purposes other
    than that established in the funding arrangement has created an unmanageable situation.  The band
    is in no position to finance these activities at present and demands to have the funds re-imbursed
    to the funding agent further distress the band’s finances and its already impossible task of
    providing essential programs and services as well as addressing health and safety demands.  The
    band is in no position to complete the projects or re-imburse the funds due to lack of funding within
    the band at present.

    This community is in the worst financial position that we have ever seen for a community in the last
    25 years.  The existence of a corporate culture of living above the resources available, lack of
    financial controls and oversight, criminal activities, non-compliance to funding agreement terms
    and conditions without recourse, poor business planning and management, no long-term community
    plan, no long-term financial plan and unmanageable debt financing regimes has effectively placed
    this community in a position of being unable to deliver essential programs and services due to its
    limited financial ability and resources.

    Should CRA decide to garnishee DIAND funding to address its outstanding arrears the result would
    be nothing short of full financial and community collapse.

    The current audit process will not be complete until late August.  The approval by council and
    drafting of a revised RMP is expected to take place by mid-September and final approval by the end
    of September.
David Paul
Former Tobique Truck Stop owned by
TEDCo now in receivership. Was
approximately a year late in opening.
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