On February 13, Superintendent Jeff Hainbuch received the following email from a resident of Eglinton-Lawrence, and forwarded it to me:<\/p>\n
\n“I am concerned about a conflict of interest matter concerning Howard Goodman. <\/em><\/div>\nIt is clear that any decisions made about changing school boundaries will significantly negatively and positively impact the values of homes in the affected areas.<\/em><\/p>\n
<\/em><\/div>\nHe owns a resident [sic] in the area under review.\u00a0\u00a0 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.<\/em><\/div>\n<\/em><\/div>\nI would appreciate your comments and thoughts on this.”<\/em><\/div>\n<\/blockquote>\nJeff correctly responded that it is not for TDSB staff to comment on a possible conflict of interest involving a Trustee.\u00a0 Under the Municipal Conflict of Interest Act<\/a>, an actual conflict of interest can only be determined by a Judge following a complaint.\u00a0 It is up to the Trustee involved to determine what action to take in situations where a potential<\/strong><\/em> conflict might be perceived by any constituent.<\/p>\n
\nSection 5(1) of the Act states that:<\/p>\n<\/div>\n
\n[A Trustee who] has any pecuniary interest, direct or indirect, in any matter … shall not take part in the discussion of, or vote on any question in respect of the matter; and shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question.<\/em><\/p>\n
<\/em>After consulting a lawyer specializing in municipal law, I have concluded that for the time being it is prudent for me to remove myself from all conversations related to the specifics of student accommodation in the five Eglinton-Lawrence schools slated for FDK in 2014 (FDK8). <\/strong><\/p>\n
Similarly, my Policy and Constituency Advisor Melanie Dickstein will not, for the time being, be able to engage in any FDK8 discussions or activities. <\/strong><\/p>\n<\/div>\n
This action will have NO effect on any other aspect of my work as Trustee. <\/strong><\/p>\n
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.\u00a0 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.\u00a0 Precedent is equally vague.<\/p>\n
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.\u00a0 In addition, based on other cases, the cost of such a defense is typically more (and sometimes much more) than $50K.\u00a0 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.<\/p>\n
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.\u00a0 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.<\/p>\n
For the time being, please send any communication about FDK8 to Dawn Mugford-Guay (Dawn.Mugford-Guay@tdsb.on.ca<\/a>).\u00a0 She will make sure that your comments and questions are forwarded to the proper person.<\/p>\n
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.\u00a0 Given their many other duties, it is possible that response to your questions will be slower than you might like. \u00a0I know that this delay will increase anxiety and impatience, but I hope that you will understand the situation and be patient.<\/p>\n
Conflict of Interest Charges Brought Against Hamilton Trustee Judith Bishop<\/strong><\/p>\n
Coincidentally, on Friday, charges of conflict of interest<\/a> related to property values were laid against Judith Bishop, an experienced Trustee of the Hamilton-Wentworth Board.\u00a0\u00a0 She owns a home in an area that was reviewed for a school closing.\u00a0 Her “home school” was kept open and an adjacent one was closed.\u00a0 One of her constituents is claiming that her house value gave her a financial interest in the decision as to which school to close.<\/p>\n
\nThe charges against Judith Bishop, and the threat of potential charges against me, indicates clearly that clarity needs to be brought to Ontario’s conflict of interest legislation.\u00a0 As it stands now, Trustees and City Councilors are put at risk whenever they take part in decisions in their home neighbourhoods, depriving their constituents of effective representation, and their colleagues of much needed local knowledge.<\/strong><\/p>\n
Links and Other Information<\/h3>\n
Municipal Conflict of Interest Act<\/a> – www.e-laws.gov.on.ca\/html\/statutes\/english\/elaws_statutes_90m50_e.htm<\/a><\/p>\n
Charges filed against Judith Bishop<\/a> – www.scribd.com\/mobile\/doc\/126831563?width=1280<\/a><\/p>\n
<\/strong>Media coverage of charges against Judith Bishop<\/h3>\n
www.thespec.com\/news\/local\/article\/892021–parent-wants-veteran-trustee-out<\/a>
\nwww.cbc.ca\/hamilton\/news\/story\/2013\/02\/23\/hamilton-school-board-trustee-confict-of-interest.html<\/a>
\nwww.raisethehammer.org\/article\/1791\/trustee_accused_of_conflict_of_interest_in_school_closure <\/a><\/div>\n<\/div>\n\nAgain, I remain able to deal with any and all other issues that involve our schools, including the impact of the current Municipal Conflict of Interest legislation.\u00a0 The only restriction on my activities only applies to FDK8.<\/p>\n<\/div>\n