Policies

Policy 14

Trustee Accountability

BOARD POLICY #14

POLICY TITLE

Trustee Accountability

POLICY HOLDER

Board of Trustees Palliser Regional Schools

ORIGINAL DATE

July 2017

REVIEW DATE

 

REVISED DATE

 

NEXT REVIEW

 

Policy Statement:
Trustees are members of the Board that shall act prudently, ethically and legally in keeping with the provisions of legislation and Board Policy. This includes proper use of authority and appropriate decorum in terms of group and individual behavior.

Board Action:
Should a Trustee allegedly conduct him/herself in a manner not consist with the legislation and/or Board policy the following course of action shall be followed:

  1. Cases should first be referred to a third party mediator for study and resolution.
  2. Complaints shall be heard at an in-camera session, of a Special Board Meeting convened for that purpose. The Board, in its sole discretion, may record the in-camera session of the Special Board Meeting by electronic means. Where recording will take place, the complainant, Trustee and the respondent Trustee shall be advised by the presiding Chair at the commencement of the meeting. All preliminary matters, including whether one or more Trustees may have a conflict of interest in hearing the presentations regarding the complaint, shall be dealt with prior to the presentation of the complaint.
  3. The sequence of the meeting shall be:
    1. The complainant shall provide a presentation which may be written or verbal or both;
    2. The respondent Trustee shall provide a presentation which may be written or verbal 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 complainants 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.
  4. 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.
  5. 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 meeting to a later date.
  6. In the case of an adjournment, there shall be no discussion by Trustees whatsoever of the matters heard at the hearing until the meeting is reconvened.
  7. The remaining Trustees in deliberation may draft a resolution indicating what action, if any, may be taken regarding the respondent Trustee.
  8. The presiding Chair shall reconvene the parties and request a motion to revert to the open meeting, in order to pass the resolution.
  9. All documentation, including any recording by electronic means, that is related to the meeting shall be returned to the Superintendent or designate immediately upon conclusion of the hearing and shall be retained in accordance with legal requirements.
  10. The presiding Chair shall declare the Special Board Meeting adjourned.
  11. Violation 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 at the Special Meeting of the Board;
    2. Having a motion of censure passed by a majority of those Trustees present at the Special Meeting of the Board;
    3. Having a motion to remove the offending Trustee from one, some, or all Board Committees, Board Task Forces 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, may vote.
    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 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.

Scope and Limitations of Superintendent:
Not applicable

Information and Monitoring Requirements:
Minutes of the special meeting will be retained as required by law and policy