Trustee Code of Conduct
Procedures Manual 103-A
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1.
Administration
Director of Education
April 2004
June 2011, January 2013
January 2018
General
The purpose of this Code of Conduct is to identify the attitudes, conduct and
actions required to carry out the role of the Public School Trustee in an ethical
manner. It deals with acceptable and respectful behaviours and contributes to
confidence in public education and respect for the integrity of Trustees in the
community.
2.
Terms and definitions
There are no terms and definitions associated with this Policy and Procedures.
3.
Behaviours and conduct
3.1
During Board activities, Trustees will:
•
be punctual and in regular attendance
•
be properly prepared and committed to dealing with topics in question
•
demonstrate rigor and honesty in debate
•
be prepared to listen and to respect the ideas expressed
•
be involved, frank and transparent in the expression of opinion
•
operate in a collegial manner with fellow Trustees
•
seek to make equitable decisions
•
place in priority one’s obligation to the democratic process rather than
to one’s own interests
•
respect the Board’s established due process
•
be supportive of policies adopted by the majority
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3.2
3.3
3.4
•
refrain from the use of offensive language
•
refrain from making disparaging remarks about another Trustee or a
group of Trustees
•
refrain from speculating on the motives of another Trustee or a group
of Trustees
•
refrain from engaging in conduct that would discredit or compromise
the integrity of the Board
•
maintain a focus on issues being discussed without the inclusion of
personal or anecdotal comments
•
adhere to policy #312 Web Publishing with respect to Trustee
websites.
With the Public Community and other levels of Government, Trustees will:
•
be consistent and supportive of decisions adopted by the majority of
the Board in the interests of the community and its concerns
•
adhere to the highest ethical standards
•
render decisions based on available facts and independent judgement
without surrendering that judgement to the influence of other
individuals, special interest groups, agencies and/or other levels of
government.
With Board administrators and staff, all Trustees will
•
respect administrative authority
•
be aware of and respect the action plans adopted by the Board and
implemented by staff
•
seek direction or approval from the Director or the Board for lengthy
and detailed requests of administration
•
establish and maintain courteous relationships, and
•
respect differing points of view.
When receiving complaints or concerns about the system refer the
persons to the appropriate staff as follows:
•
all anonymous correspondence to the appropriate official without
response

matters concerning individual students to the Principal of the school
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4.
•
unsettled matters concerning individual students and/or personnel, and
problems and questions concerning individual schools to the Principal
of the school

unsettled school matters to the appropriate Superintendent of Schools,
and
•
issues that are not school-based to the appropriate Superintendent or
Senior Administrator.
3.5
If the steps outlined above have not been done or for legitimate reasons
are not feasible, the matter should be discussed with the Director of
Education who will investigate and take appropriate action.
3.6
If Board action is necessary, the Director of Education will refer the matter
to the local Trustee, appropriate Committee, or to the Board in accordance
with the Board’s Procedural By-law.
Economic interests and avoidance of personal advantage
All Trustees will:
5.
•
refuse from any person or entity that has dealings with the Board direct or
indirect hospitality, economic expressions of gratitude and/or gifts other than
those of a nominal value which a reasonable person might conclude could
influence the Trustee when performing his or her duties to the Board
•
not use his or her office to advance a Trustee’s interests or the interest of any
family members or person or organization with whom or with which the
Trustee is related or associated, and
•
not use his or her office to obtain employment with the Board for the Trustee
or a family member.
Conflict of interest
5.1
Conflict of Interest provisions for elected Board members are set out in the
Municipal Conflict of Interest Act as primarily pecuniary interest (a financial
or monetary interest, direct or indirect). A Trustee should also declare
situations involving spouses/partners, family and/or close relatives when
discussing issues related to his or her employment (i.e. staffing, program
placements, etc.).
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5.2
6.
All Trustees will:
•
disclose any Conflicts of Interest and the general nature of the conflict
prior to any consideration of the matter at a Committee or Board
meeting
•
not take part in the discussion of, or vote on, any questions in respect
of the matter at a Committee or Board meeting
•
in a public meeting or vote, choose to absent himself or herself from
the portion of the meeting in which the matter will be considered
•
absent himself or herself from the part of an “In Camera” meeting
(closed to the public) in which the matter will be considered, and
•
take all reasonable steps to avoid a potential conflict of interest by
knowingly entering into any personal contractual relationships with an
organization doing business with the Board.
5.3
For the purposes of this section, “personal contractual relationships”
includes contractual relationships established between an organization
doing business with the Board and a corporation of other business
organizations owned or controlled by the Trustee in question.
5.4
The Board agrees that the above provisions shall “grandfather” the current
actions and relationships of any Trustees elected for the 2010-2014 term
of office. This clause shall expire effective November 30, 2014.
Respect for confidentiality
6.1
6.2
All Trustees will ensure that only items dealing with the following (clauses
207 (2) (a) to (e) of the Education Act) are discussed in closed sessions:
•
the security of the Board
•
the disclosure of intimate, personal or financial information about
a member of the Board or Committee, an employee or prospective
employee of the Board or a pupil and his or her parent or guardian
•
the acquisition or disposal of a school site
•
negotiations with employees of the Board
•
litigation affecting the Board.
All Trustees will keep confidential any such information unless required to
divulge such information by law.
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6.3
7.
All Trustees will not use confidential information for either personal gain or
to the detriment of the Board.
Upholding decisions
All Trustees will:
8.
•
accept that authority rests with the Board and that they have no individual
authority other than that delegated by the Board
•
uphold implementation of any Board resolutions after passed by the Board.
Compliance with legislation
All Trustees will adhere to the Policies and Procedures of the Board and relevant
legislation.
9.
Enforcement of the Code of Conduct
9.1
The Statutory Powers and Procedures Act does not apply to anything
done regarding the enforcement of this Code of Conduct.
9.2
A Trustee who has reasonable grounds to believe that another Trustee of
the Board has breached the Trustee Code of Conduct, may bring the
alleged breach to the attention of the Board.
9.3
No Trustee shall advance allegations of misconduct and/or a breach of the
Code of Conduct that are trivial, frivolous, vexatious, made in bad faith, or
vindictive in nature against another Trustee of the Board.
9.4
If an alleged breach is brought to the attention of the Board the Board will
make inquiries into the matter and will, based on the results of the
inquiries, determine whether the Trustee has breached the Trustee Code
of Conduct.
9.5
If the Board determines that the Trustee has breached the Trustee Code
of Conduct, the Board may impose one or more of the following sanctions:
•
censure of the Trustee
•
bar the Trustee from attending all or part of a meeting of the Board or a
meeting of a Committee of the Board.
•
bar the Trustee from sitting on one or more committees of the Board,
for the period of time specified by the Board
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9.6
A Trustee of the Board who is barred from attending all or part of a
meeting of the Board or a meeting of a Committee of the Board is not
entitled to receive any materials that relate to that meeting or that part of
the meeting that are not available to members of the public.
9.7
If the Board determines that a Trustee has breached the Trustee Code of
Conduct, the Board shall give the Trustee written notice of the
determination and of any sanction imposed by the Board. The notice shall
inform the Trustee that he or she may make written submissions to the
Board in respect of the determination or sanction by a date specified in the
notice that is at least 14 days after the notice is received by the Trustee.
9.8
The Board shall consider any submissions made by the Trustee and will
confirm or revoke the determination within 14 days after the submissions
are received.
9.9
If the Board revokes a determination, any sanction imposed by the Board
is revoked.
9.10
If the Board confirms a determination, the Board will, within 14 days from
the receipt of the Trustee’s submission, confirm, vary or revoke the
sanction.
9.11
If a sanction is varied or revoked, the variation or revocation will be
deemed to be effective as of the date the original determination was
made.
9.12
Despite subsection 207 (1) of the Education Act, the part of a meeting of
the Board during which a breach or alleged breach of the Trustee Code of
Conduct is considered may be closed to the public when the breach or
alleged breach involves any of the matters described in clauses 207 (2)
(a) to (e) of the Education Act (see section 6. Respect for confidentiality).
9.13
The Board will do the following things by resolution at a meeting of the
Board, and the vote on the resolution shall be open to the public:
•
make a determination that a Trustee has breached the Trustee Code
of Conduct
•
impose a sanction
•
confirm or revoke a determination
•
confirm, vary or revoke a sanction
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9.14
A Trustee who is alleged to have breached the Trustee Code of Conduct
will not vote on a resolution of the matter.
9.15
The passage of a resolution on the matter shall be recorded in the minutes
of the meeting.
9.16
The Board may, by special motion, remove a Trustee from a Committee of
the Board, and at the same meeting, elect a new Trustee to fill the
vacancy on the committee.
9.17
In any of the following circumstances, the Board may, by special motion,
declare the office of the Chair and/or Vice-Chair to be vacant if the person
in the role:
•
becomes disqualified as a Trustee
•
deliberately breaks any relevant legislation
•
deliberately breaches any Board policy, procedure or practice
•
acts in such a manner as to lose the confidence of the Board
9.17.1
9.18
The motion will be effective immediately upon being passed by
the Board.
The Board will, at the same meeting, elect a new Chair and/or Vice-Chair
respectively.
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