Policy Manual

A-120-BR: Trustee Code of Conduct

References:

• A-120, Trustee Code of Conduct
• A-150, Discrimination and Harassment
• A -170 Whistleblower Protection
• D-180, Resolution of Complaints/Concerns Regarding Division Staff
• Trustee Handbook
• Education Act, Section 33, 34 (C)
• Education Act, Section 85-88
• ASBA Policy 3 – Role of the Trustee
• ASEBP Policy 4 – Trustee Code of Conduct
  

1. Enforcing the Code of Conduct
   
   

   Determining if a Complaint Should be Dealt with Under This Regulation

    
   1. All complaints, alleging a trustee has breached the Code of Conduct will be addressed.
   2. If a complaint from any source is made to the administration regarding a trustee, the administration shall inform the board about the matter and provide a recommendation as to whether the matter should be dealt with by the board pursuant to this regulation, the board’s Whistleblower Protection Policy, or referred to an outside agency such as law enforcement or other authority. If the complaint is made to the board, the board shall involve the administration to assist in determining how it shall be handled. If the board decides that the complaint should be dealt with pursuant to this regulation, the procedures below shall apply.
2. Complaint by a Non-Board Member
   1. If the complaint is from a person who is not a trustee, the board chair must arrange for the complaint to be shared with all trustees and schedule a closed session meeting of the board to consider whether the complaint should be dealt with under this regulation.
   2. If a majority of trustees decides that the complaint should not be dealt with under this regulation, then the complainant shall be advised by the chair accordingly.
      1. A complaint not dealt with under this regulation will be addressed through the Whistleblower Protection Policy or other appropriate Board Policy.
   3. If a majority of trustees decide that the complaint should be dealt with under this regulation, then the complainant shall be advised by the chair accordingly, and the procedure specified in section 3 of this regulation shall apply with necessary adjustments, the complaint shall be heard in a timely fashion.
3. Complaints by a Trustee
   1. A trustee may make a formal complaint about the behaviour of another trustee by filing a letter of complaint with the board chair within thirty (30) days of the alleged event occurring, indicating the nature of the complaint and the section or sections of the Code of Conduct that are alleged to have been violated by the trustee.
   2. The board chair shall, within five (5) days of receipt of the letter of complaint, provide a copy of the letter of complaint to the trustee who is alleged and to have violated the Code of Conduct and all other trustees. If the complaint is with respect to the conduct of the board chair, the letter of complaint shall be filed with the vice-chair, who shall fulfill the duties of the chair. If the vice-chair is in a conflict of interest with respect to the matter, then the board shall choose other trustees to fulfill the obligations and assume the responsibilities of the chair and vice-chair with respect to the matter.
   3. When a trustee files a letter of complaint and a copy of that letter of complaint is forwarded to all trustees, the filing, notification, content and nature of the complaint shall be deemed to be strictly confidential, the public disclosure of which shall be deemed to be a violation of the Code of Conduct. Public disclosure of the complaint and any resulting decision taken by the board may be disclosed by the board chair only at the direction of the board, following the disposition of the complaint by the board at a Code of Conduct hearing.
   4. In a closed session, trustees will discuss the merit of the complaint being dealt with under this regulation. If a majority of trustees decide that the complaint should be dealt with under this regulation, then the complainant shall be advised by the chair accordingly, and the complaint shall be heard in a timely fashion.
   5. Where the majority of trustees do not support the complaint being heard under this regulation the board chair shall notify all trustees in writing that no further action under this regulation shall occur. The letter will indicate which policy the board has decided to apply to address the complaint.
      1. A complaint not dealt with under this regulation will be addressed through the Whistleblower Protection Policy or other appropriate Board Policy.
   6. If the board determines that it requires more information before proceeding to a hearing, it shall request the administration to engage an independent investigator. The independent investigator shall conduct an investigation and submit a report of findings and recommendations to the board chair (or substitute as described in section 3.2) and to the superintendent. The board chair shall present the independent investigator’s report at a closed session meeting of the board. The board shall vote to either dismiss the complaint or convene a special meeting of the board to conduct a Code of Conduct Hearing.
   7. If the board decides to convene a special meeting with respect to the complaint filed pursuant to section 2.3, the complainant may appear at the meeting to elaborate on the complaint, and the special meeting will proceed in accordance with Appendix “A” (Trustee Code of Conduct Hearing).

The sequence of the Code of Conduct Hearing shall be as follows:

1. The complainant shall provide a presentation which may be written or oral or both;
2. The respondent trustee shall provide a presentation which may be written or oral or both;
3. The complainant shall then be given an opportunity to reply to the respondent trustee’s presentation;
4. The respondent trustee shall then be provided a further opportunity to respond to the complaining trustee’s presentation and subsequent remarks;
5. The remaining trustees of the board shall be given the opportunity to ask questions of both parties;
6. The complainant shall be given the opportunity to make final comments; and
7. The respondent trustee shall be given the opportunity to make final comments.
8. Following the presentation of the respective positions of the parties, the parties and all persons other than the remaining trustees who do not have a conflict of interest shall be required to leave the room, and the remaining trustees shall deliberate in private, without assistance from administration. The board may, however, in its discretion, call upon legal advisors to assist them on points of law or the drafting of a possible resolution.
9. If the remaining trustees in deliberation require further information or clarification, the parties shall be reconvened and the requests made in the presence of both parties. If the information is not readily available, the presiding Chair may request a recess or, if necessary, an adjournment of the Code of Conduct hearing to a later date.
10. In the case of an adjournment, no discussion by trustees whatsoever of the matters heard at the Code of Conduct hearing may take place until the meeting is reconvened.
11. The remaining trustees in deliberation may draft a resolution indicating what action, if any, may be taken regarding the respondent trustee.
12. The presiding Chair shall reconvene the parties to the Code of Conduct hearing and request a motion to revert to the open meeting in order to pass the resolution.
13. All documentation that is related to the Code of Conduct hearing shall be returned to the Superintendent or designate immediately upon conclusion of the Code of Conduct hearing and shall be retained in accordance with legal requirements.
14. The presiding Chair shall declare the special board meeting adjourned.

A violation of the Code of Conduct may result in the board instituting, without limiting what follows, any or all of the following sanctions:

1. Having the Board chair write a letter of censure marked “Personal and Confidential” to the offending trustee, on the approval of a majority of those trustees present and allowed to vote at a special meeting of the board;
2. Having a motion of censure passed by a majority of those trustees present and allowed to vote at the special meeting of the board;
3. Having a motion to remove the offending trustee from one, some or all board committees or other appointments of the board passed by a majority of those trustees present and allowed to vote at the special meeting of the board, for a time not to exceed the trustee’s term as trustee.
4. The board may. In its discretion, make public its findings at the special meeting or at a regular meeting of the board where the board has not upheld the complaint alleging a violation of the board’s Code of Conduct or where there has been a withdrawal of the complaint or under any other circumstances that the board deems reasonable and appropriate to indicate publicly its disposition of the complaint.
5. If a trustee is disqualified under section 87 or 88 of the Education Act from remaining as a trustee of the board and does not resign as required under Section 90, the board may by resolution declare the trustee to be disqualified from remaining a trustee or the board may apply for originating notice to the Court of Queen’s Bench for an Order.
6. Determining whether the trustee is qualified to remain as a trustee, or
7. Declaring the trustee to be disqualified from remaining as a trustee.