Potential Conflict of Interest Regarding the Student Accommodation Review of Eglinton-Lawerence Schools Getting FDK in 2014 (FDK8)

On February 13, Superintendent Jeff Hainbuch received the following email from a resident of Eglinton-Lawrence, and forwarded it to me:

“I am concerned about a conflict of interest matter concerning Howard Goodman.

It is clear that any decisions made about changing school boundaries will significantly negatively and positively impact the values of homes in the affected areas.

He owns a resident [sic] in the area under review.   In my view and many others, he should have removed himself from any decision making power concerning boarder changes and school investments due to this clear conflict of interest.

I would appreciate your comments and thoughts on this.”

Jeff correctly responded that it is not for TDSB staff to comment on a possible conflict of interest involving a Trustee.  Under the Municipal Conflict of Interest Act, an actual conflict of interest can only be determined by a Judge following a complaint.  It is up to the Trustee involved to determine what action to take in situations where a potential conflict might be perceived by any constituent.

This action will have NO effect on any other aspect of my work as Trustee.

I do not believe that I have an actual conflict of interest in this matter but, if a charge were brought, a Judge could rule otherwise.  The Act is unclear as to whether or not the fact that I own a house in the JRR catchment area requires me to declare a conflict when changes to JRR are being considered.  Precedent is equally vague.

However the efforts needed to defend myself against such a charge would significantly interfere with my work on the many other issues that are of vital importance to our students, their parents, and the citizens of Eglinton-Lawrence.  In addition, based on other cases, the cost of such a defense is typically more (and sometimes much more) than $50K.  Because of this combination of uncertainty, distraction, and cost, I have decided with great reluctance that I owe it to my family and my constituents to take prudent action to minimize my risk in this matter.

I am very upset that, for the time being, I will not be able to provide information, advice, and guidance to community members or TDSB staff concerning FDK8.  If the situation remains unchanged, I will neither be able to explain the unique needs of our communities to my fellow Trustees when time comes for a decision, nor help lobby for Ministry support for the best possible solution, even if it isn’t the lowest cost option.

For the time being, please send any communication about FDK8 to Dawn Mugford-Guay (Dawn.Mugford-Guay@tdsb.on.ca).  She will make sure that your comments and questions are forwarded to the proper person.

I have every confidence that Jeff, Dawn, and the other TDSB staff will be thorough and diligent in holding productive consultations in which your voices are heard.  Given their many other duties, it is possible that response to your questions will be slower than you might like.  I know that this delay will increase anxiety and impatience, but I hope that you will understand the situation and be patient.

Conflict of Interest Charges Brought Against Hamilton Trustee Judith Bishop

Coincidentally, on Friday, charges of conflict of interest related to property values were laid against Judith Bishop, an experienced Trustee of the Hamilton-Wentworth Board.   She owns a home in an area that was reviewed for a school closing.  Her “home school” was kept open and an adjacent one was closed.  One of her constituents is claiming that her house value gave her a financial interest in the decision as to which school to close.