Board Policy 05: Board Members Code of Conduct

Legal References

1. 1. a trustee who gave notice of an alleged breach of the code; or
   2. any person who provides information about the alleged breach to the person appointed by the board to investigate the breach.
   3. or any person who moves a motion about the alleged breach.

1. 1. the name of the Trustee alleging the breach and their contact information;
   2. the name and contact information of the Trustee whose conduct is the subject of the notification;
   3. the date of the alleged breach;
   4. a description of the alleged breach;
   5. the provision of the Code that was allegedly breached;
   6. the date on which the Trustee alleging the breach first knew that the alleged breach occurred;
   7. the names and contact information of any witnesses to the breach or any other persons who have relevant information regarding the alleged breach.

1. 1. the Chair of the Board, or in the absence of the Chair or if the notice of the breach relates to the conduct of the Chair, the Vice-Chair of the Board or if the notice relates to the conduct of the Chair and the Vice-Chair then another Trustee appointed by the Board who is neither the complainant nor the subject of the complaint may attempt to resolve the matter in private as between the parties.
   2. this process may include the Chair/Vice Chair/Trustee, through the Director of Education or their designate, retaining legal counsel and/or a mediator to assist in resolving the matter.
   3. the process may also include a discussion and the use of remedial measures including, a warning, an apology, and/or the requirement of the Trustee to engage in the successful completion of professional development training such as that offered by the Ontario Education Services Corporation Professional Development Program for School Board Trustees.
   4. if the matter is resolved to the satisfaction of the Trustee alleging the breach, the Trustee shall withdraw their notice of the breach.
   5. the Board of Trustees will be advised whether the matter has been resolved and any agreed upon remedial measures or other basis for resolving the matter.

1. 1. The complaint was made more than 60 days after the day the alleged breach occurred or was discovered, whichever is later, unless the Integrity Commissioner is satisfied the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay; or
   2. In the opinion of the Integrity Commissioner, the complaint is made in bad faith or is frivolous or vexatious; or
   3. The limitation period for bringing a complaint shall not include the period during which a complaint cannot be made as a result of an election or police inquiry.

1. 1. The day on which the Trustee notifying the Board of the alleged breach first knew that the breach had occurred; and
   2. The day on which a reasonable person with the abilities and in the circumstances of the Trustee notifying the Board first ought to have known of the matters referred to in paragraph (a) above.

1. 1. require the production of any records that may in any way relate to the investigation;
   2. examine and copy any records required under paragraph (a) above; and
   3. require any officer of the Board or any other person to appear before them and give evidence, on oath or affirmation, relating to the investigation.

1. 1. The reasons for the determination.
   2. the reasons for any sanctions; and
   3. information about the right to appeal.

1. 1. Censure the Trustee.
   2. Requiring the Board to reduce the Trustees honorarium by an amount not exceeding the amount prescribed in Regulation 357/06 Honoraria for Board Members which currently is 25% of the Trustees combined base and enrollment amount for the year of the term of office in which the breach occurred;
   3. Barring the Trustee from attending all or part of one or more meetings of the Board or one or more meetings of a committee of the Board, for the period of time specified by the Integrity Commissioner up to a maximum of 90 days or the balance of the Trustee's term of office, whichever is less;
   4. Barring the Trustee from sitting on one or more committees of the Board, for the period of time specified by the Integrity Commissioner, up to a maximum of 90 days or the balance of the Trustee's term of office, whichever is less;
   5. Barring the Trustee from becoming the chair or vice-chair of the Board or of any committee of the Board, or removing the Trustee from any other positions;
   6. Barring the Trustee from exercising the privileges of a Trustee or acting as a Board representative, or removing the Trustee from a position the Trustee holds as a Board representative;
   7. Subject to any other limits set out in the above paragraphs(a) to (f), any other sanction that, in the opinion of the Integrity Commissioner, is reasonable and appropriate in the circumstances;
   8. Subject to any other limits set out in the above paragraphs (a) to (f), any other sanction that, in the opinion of the Integrity Commissioner, would promote compliance with the Board’s Code.

1. 1. the appointment of the panel; and
   2. the requirements regarding written submissions of the parties and the requirements of the panel’s written decision.

1. 1. define or narrow the scope of the appeal;
   2. limit the length of submissions from the parties;
   3. make interim decisions and orders; and
   4. on it’s own motion, and without holding a hearing, dismiss an appeal as frivolous or vexatious or commenced in bad faith. A Panel’s decision on its motion is final.

1. 1. a matter referred to an Integrity Commissioner for investigation and determination;
   2. a decision of the Integrity Commissioner to refuse to commence an investigation under Refusal to Commence Investigation above;
   3. determination of an Integrity Commissioner that a Trustee has or has not breached the Code and any sanction(s) imposed; and
   4. a determination by a panel upholding or overturning an Integrity Commission’s determination including any variation of a sanction.