Policy 4: Trustee Code of Conduct

The Board commits itself and its members to conduct which meets the highest ethical standards. It is expected that all personal interactions and relationships will be characterized by mutual respect, which acknowledges the dignity and affirms the worth of each person.

Personal commitment to high  ethical standards is therefore required by all individuals elected to the role of Trustee. Trustees are expected  to fulfill their duties and responsibilities consistent with the Board Policies and the Education Act. 

Purpose and Application 

1. Section 33 of the Education Act requires every Board of Trustees in Alberta to adopt a code of  conduct that applies to trustees of the board. The purpose of this Code of Conduct is to provide  standards for the conduct of members of The Board of Trustees of the Fort McMurray Public School Division (“the Board”) relating to their roles and obligations and a  procedure for the investigation and enforcement of those standards. This Code of Conduct  applies to all members of the Board. 
2. It is expected that all interactions related to the operations of the Board, and relationships will be characterized by mutual respect, which acknowledges the dignity and affirms the worth of each person.  
3. Consequences for the failure of individual trustees to adhere to this Code of Conduct are specified in the remedial action section.
   
   Framework and Interpretation   
4. This Code of Conduct provides a framework to guide ethical conduct in a way that upholds the  integrity of the Board and the high standards of professional conduct the public expects of its  elected representatives. This Code of Conduct is intended to supplement other legal duties  imposed on Trustees by Board bylaw and policy and applicable legislation, including the: 
   1. Alberta Human Rights Act; 
   2. Criminal Code (Canada); 
   3. the Board Procedures Regulation; 
   4. the Education Act; 
   5. the Freedom of Information and Protection of Privacy Act; 
   6. the Local Authorities Election Act; and 
   7. the Occupational Health and Safety Act. 
5. This Code of Conduct is to be given a broad and liberal interpretation in accordance with  applicable legislation. It is not possible to write a Code of Conduct that covers every scenario  and, accordingly, Trustees are to be guided by and conduct themselves in a manner that reflects the spirit and intent of this Code. The Board commits itself and its members to conduct which  meets the highest ethical standards. 
   
   Principles and Values 
6. Trustees are expected to perform their duties and functions of office with integrity, accountability  and transparency, both internally, as among Trustees and as between the Board and  Administration, as well as externally, with students and parents, the public at large, other orders  of government and the media.
7. Trustees have a duty to act honestly, in good faith, and in the best interests of the Division.
8. Trustees must:  
   1. Uphold the law established by the Federal Parliament and the Alberta Legislature and  the bylaws and policies adopted by the Board; 
   2. Carry out their duties in accordance with all applicable  legislation, Board bylaws and policies pertaining to their position as a trustee;
   3. Observe the highest standard of ethical conduct and perform their duties in office and  arrange their private affairs in a manner that promotes public confidence and will bear  close public scrutiny; 
   4. Serve and be seen to serve the interests of the Division and their constituents in a  conscientious and diligent manner and shall approach decision-making with an open  mind; and 
   5.  Exercise the degree of care, diligence and skill that a reasonably prudent person would  exercise in comparable circumstances. 
9. A Trustee shall not: 
   1. use the influence of their office for any purpose other than for the exercise of the Trustee’s  official duties; or 
   2. act as an agent to advocate on behalf of any individual, organization, or corporate entity  before the Board or a committee of the Board or any other body established by the Board.
      
      Confidential Information 
10. The Board as a whole must be able to access information in order to fulfill its decision-making duties and oversight responsibilities, however, individual Trustees must also recognize that certain information they receive in their capacity as Trustees is subject to confidentiality and disclosure rules contained in legislation and the Board's bylaws and policies. Trustees must keep in confidence matters discussed in private at a Board Meeting of Board Committee Meeting.
11. In the course of their duties, Trustees may also become privy to confidential information received outside of a private meeting.  Trustees must not: 
    1. Disclose or release by any means to any member of the public, including the media, any confidential  information acquired by virtue of their office, unless required by law or authorized  by the Board to do so. This is a continuous obligation that extends beyond the Trustee’s  term of office;  
    2. Access or attempt to gain access to confidential information unless it is required for the  performance of the Trustee’s duties and only then if the information is acquired through  appropriate channels in accordance with applicable Board bylaws and policies, or 
    3. Use or attempt to use confidential information for their own personal benefit or for the  benefit of any other individual or organization.  
       
       Conflict of Interest 
12. Trustees are directly responsible to the electorate of the School Division and to the Board. Upon election to office, Members must accept a position of public trust and are expected to conduct themselves in a manner which will enhance the trust accorded them, and through them, the trust accorded to the Board.
13. The Board expects that every Trustee will: 
    1. Be knowledgeable of Sections 85 – 96 of the Education Act; 
    2. File a disclosure of information as required by Section 86 of the Education Act;
    3. Accept sole responsibility for declaring a pecuniary interest or other conflict of interest  and abstain and absent themselves from discussion or voting on the matter in question; 
    4. Be free from undue influence and not act or appear to act in order to gain financial or  other benefits for themselves, family, friends or associates, business or otherwise;
    5. Abstain from involvement in discussion and voting on a matter where a Trustee has a  loyalty to more than one board and when the actions of one board affect the operation of  the other board,  
    6. Refrain from, in the exercise of an official power, duty or function, giving preferential  treatment to any individual or organisation if a reasonably well- informed person would  conclude that the preferential treatment was advancing a private interest; and
    7. Refrain from initiating, endorsing, supporting or otherwise participating in any proceeding  being brought against the Board or the Division. 
       
       Public Communication 
14. The Board believes open, honest and consistent communication with the schools and the school communities is important  to accurately inform and increase awareness of public education. 
15. A Trustee must not communicate on behalf of the Board unless authorized to do so. Unless the  Board directs otherwise, the Chair is the Board’s official spokesperson and in the absence of the  Chair it is the Vice Chair. 
16. A Trustee who is authorized to act as the Board’s official spokesperson must ensure that their  comments accurately reflect the official position and will of the Board as a whole, even if the Trustee disagrees with the Board’s position. 
17. No Trustee shall  make a statement that is false or with the intent to mislead the Board, other  trustees or members of the public.  
    
    Use of Social Media 
18.  As with any other activity, Trustees must ensure that their use of social media complies with the  law, the requirements of this Code of Conduct and any related Board bylaws or policies. This  Code of Conduct applies to all communications a Trustee makes, regardless of the social media  account or device from which the communication is made. 
19. ”Communications” means any information or data submitted by a Trustee to a social media  network or platform that is capable of being displayed using software or approved hardware such  as text, images, videos, or links to other content and includes a Trustee “liking”, “retweeting”,  commenting on or sharing content created by other users of the social network or platform. 
    
    Conduct at Meetings 
20. Trustees must conduct themselves with decorum and make every effort to participate diligently  in the meetings of the Board, committees of the Board and other bodies to which they are appointed by the Board.
21. Trustees shall:  
    1. comply with Board policies and procedures governing the conduct of meetings of the  Board, and any other rules of meeting procedure applicable to the body to which they  have been appointed by the Board; 
    2. act in a manner that demonstrates fairness, respect for individual differences, and an  intention to work together for the common good and in furtherance of the public interest; 
    3. conduct and convey the Board’s business and all their duties in an open and transparent  manner other than for those matters with are authorized by the Board in accordance with  section 64 of the Education Act to be dealt with in a confidential manner in a private  meeting, and in so doing, allow the public the opportunity to view the process and rationale which was  used to reach the decisions and the reasons for taking certain actions; 
    4. accurately communicate the decisions of the Board, even if they disagree with the  Board’s decision, such that respect for the decision-making processes of the Board is  fostered; 
    5. endeavor to work with fellow Board members collaboratively regardless of differences of  opinion that may arise during debate; 
    6. not record any proceedings of the Board or any committee of the Board without the  expressed permission of the Board or the committee, as applicable; and 
    7. not attempt to bind the Board, either by publicly expressing their personal views as being  on behalf of the Board when not authorized to do so or by giving direction to staff, agents, contractors, consultants or other service providers of the Division or prospective vendors. Trustees shall attend meetings on a regular and punctual basis. A trustee who is absent without  being authorized by a resolution of the board from 3 consecutive regular meetings of the board,  unless the person’s absence is due to illness and the person provides evidence of that illness in  the form of a medical certificate respecting the period of the person’s absence shall be  disqualified from remaining as a trustee of the board. A Trustee shall be deemed present at a  Regular or Special Board meeting when participating by electronic means or other  communication facilities provided that the communication allows all participants including the  public to hear each other.   
       
       Discreditable Conduct 
22. Trustees have a duty to treat members of the public, one another and Division staff and students  with dignity and respect and without abuse, bullying or intimidation, and to ensure that their work  environment is free from discrimination and harassment.
23. A Trustee must refrain from using  indecent, abusive or insulting words or expressions towards any other  Trustee, any Division staff member, student or any member of the public.
    
    Conduct Respecting Administration 
24. Trustees shall not attempt to exercise individual authority over the organization except as  explicitly set forth in Board policies. 
25. Trustees’ interaction with the Superintendent or with staff must recognize that any  individual Trustee or group of trustees does not have authority other than that explicitly  stated in Board policy; 
26. Trustees’ interaction with the public, media or other entities must recognize the same  limitation and the similar inability of any Trustee to speak for the Board except to repeat  explicitly stated Board decisions; 
27. Trustees will make no judgments of the Superintendent or staff performance except as  that performance is assessed against explicit Board policies by the official process; 
28. Trustees  must obtain information about the operation or administration of the School Division from the Superintendent or a person designated by the Superintendent. Trustees shall not encourage direct communication with employees who attempt to  bypass administration but shall encourage employees to utilize reporting lines within the  administration to bring their concerns to the Board.
    
    Use of Division Property and Resources 
29. Trustees must use Division property, equipment, services, supplies and staff time only for the  performance of their duties as a Trustee, subject to the following limited exceptions: 
    
    1. Board property, equipment, service, supplies and staff time that is available to the general  public may be used by a Trustee for personal use upon the same terms and conditions  as members of the general public, including booking and payment of any applicable fees  or charges; 
    2. Electronic communication devices, including but not limited to tablets, which are  supplied by the Division to a Trustee,  may be used by the Trustee for personal use, subject to the terms and conditions  described below.
30. Electronic communication devices provided by the Division are the property of the Division, and  shall, at all times, be treated as the Division’s property. Trustees are hereby notified that they  are to have no expectation of privacy in the use of these devices and further that: 
    1. All emails or messages sent or received on School Division devices are subject to the Freedom  of Information and Protection of Privacy Act; 
    2. All files stored on School Division devices, all use of internal email and all use of the Internet  through the Division’s firewall may be inspected, traced or logged by the Division;  
    3. in the event of a complaint pursuant to this Code of Conduct, the Board may require that  any or all of the electronic communication devices provided by the Division to Trustees  be confiscated and inspected as part of the investigation including downloading  information which is considered relevant to the investigation. All email messages or  internet connections may be retrieved.  
31. A Trustee must refrain from using any Division property, equipment, services or supplies, including email,  Internet services, or any other electronic communication device, if the use could be offensive or  inappropriate.  
32. Upon ceasing to hold office, a Trustee must immediately deliver to the Division any money, keys, book,  paper, thing or other property of the Division that is in the Trustee’s possession or under the  Trustee’s control including, without restriction, any record created or obtained by virtue of the  Trustee’s office other than a personal record or constituency record as those terms are used in  the Freedom of Information and Protection of Privacy Act.  
    
    Gifts, Benefits and Hospitality 
33. Trustees are expected to represent the public interests of the Division and to do so with both  impartiality and objectivity. The acceptance of a gift or benefit can imply favouritism, bias or  influence on the part of the Trustee. At times, the acceptance of a gift or benefit occurs as part  of the social protocol or community events linked to the duties of a Trustee and their role in  representing the Board. Personal integrity and sound business practices require that  relationships with vendors, contractors or others doing business with the Division be such that  no Trustee is perceived as showing favouritism or bias toward the giver.  
34. Trustees must not accept gifts or benefits that would, to a reasonable member of the public,  appear to be in gratitude for influence, to induce influence, or otherwise to go beyond the  necessary and appropriate public functions involved. For these purposes a gift or benefit  provided with the Trustee’s knowledge to a Trustee’s spouse, child or parent that is connected  directly or indirectly to the performance of the Trustee’s duties is deemed to be a gift to that  Trustee.  
    1. For further clarity, the following are recognized as acceptable gifts or benefits:
       1. Such non-cash or cash equivalent gifts or benefits that normally accompany the  responsibilities of office and are received as an incident of protocol or social  obligation, provided that the value of the gift or benefit does not exceed $300;  
       2. A political contribution otherwise reported by law; 
       3. A suitable memento of a function honouring the Trustee; 
       4. Food, lodging, transportation, event tickets or entertainment provided by provincial,  or local governments, by the Federal government or by a foreign government within  a foreign country, or by a conference, seminar or event organizer where the Trustee  is either speaking or attending in an official capacity on behalf of the Board; 
       5. Food and beverages consumed at banquets, receptions or similar events if: i. Attendance serves a legitimate purpose; 
       6. The person extending the invitation or a representative of the organization is in  attendance; and 
       7. The value is reasonable and the invitations infrequent.  
    2. Gifts received by a Trustee on behalf of the Board as a matter of official protocol which  have significance or historical value for the Division must be left with the Division when  the Trustee ceases to hold office.  
    3. Any doubts about the propriety of a gift or benefit should be resolved in favour of not  accepting it or not keeping it.  
       
       Election-Related Activity 
35. Trustees are required to follow the provisions of the Local Authorities Election Act and are  accountable under the provision of that statute. Trustees should not make inquiries of, or rely  on, Division staff to interpret or provide advice to Trustees regarding the requirements placed  on candidates for the office of trustee. Trustees must be respectful of the role of the Corporate  Secretary in managing the election process and must not interfere with how the Corporate  Secretary’s election duties are carried out. 
36. Trustees must not use Board resources, including property, equipment, services, supplies and  staff time, for any election related activities, whether local, provincial, or federal. Online  resources hosted, supplied or funded by the Board, including but not limited to Trustee electronic  newsletters, and Trustee social media accounts used for Ward communication must not be used  for any election campaign or campaign related activities. A Trustee must not use the Division  logo for campaign purposes.  
    
    Compliance with this Code of Conduct 
37. Trustees are ultimately accountable to the public through the democratic election process.  Between elections, Trustees may become disqualified and be required to resign if the Trustee  commits a disqualifying action pursuant to section 87 of the Education Act.
38. Any reported violation of a provision of this Code of Conduct may be subject to investigation by  the Board or a third-party investigator appointed by the Board.  
39. Trustees are expected to cooperate in every way possible in securing compliance with the application and enforcement of this Code of Conduct.
40. A Trustee must not:
    1. Undertake any act or reprisal or threaten reprisal against a complainant or any other  person for providing relevant information to the Board or to any other person in  accordance with this Code of Conduct; or  
    2. Obstruct the Board, or any other person, in carrying out the objectives or requirements of  this Code of Conduct.  
       
       Remedial Action 
41. Remedial action is intended to be corrective, serve as a deterrent, and follow the principle of  progressive discipline. Prior to imposing any remedial action, the Board will take into  consideration the nature and severity of the breach as well as whether the Trustee has previously  breached this Code of Conduct. 
42. If the Board determines it appropriate to do so, the Board may impose sanctions on a Trustee  who contravenes this Code of Conduct but nothing in this Code of Conduct requires the Board  to impose a sanction for any contravention.  Sanctions that may be imposed on a Trustee by the Board include:
    1. Issuing a letter of reprimand addressed to the Trustee;  
    2. Requesting the Trustee to issue a letter of apology; 
    3. Publicly reprimanding the Trustee by motion of censure with or without conditions on how to  purge the censure; 
    4. Publishing a letter of reprimand or request for apology and the Trustee’s response;  
    5. Requiring the Trustee to attend training either at the expense of the Board or the Trustee; 
    6. Suspending or removing the Trustee from membership on a committee; 
    7. Suspending or removing the Trustee from chairing a committee; 
    8. Requiring the Trustee to reimburse the Board for monies received; 
    9. Reducing or suspending remuneration paid to the Trustee in respect of the Trustee’s services;
    10. Requiring the Trustee to return Division property or reimburse its value; 
    11. Restricting the Trustee’s access to Division facilities, property, equipment, services and  supplies; 
    12. Restricting the Trustee’s contact with Division staff; 
    13. Restricting the Trustee’s travel and representation on behalf of the Board; 
    14. Restricting how documents are provided to the Trustee (ie. no electronic copies, but only  watermarked paper copies for tracking purposes);  or
    15. Disqualifying the Trustee from the Board.  
        
        Informal Complaint Process
43. Any person who identifies or witnesses behaviour or activity by a Trustee that they reasonably  believe, in good faith, is in contravention of this Code of Conduct is encouraged to attempt to  address the prohibited behaviour or activity informally, where appropriate, by: 
    1. advising the Trustee that the behaviour or activity appears to contravene this Code of  Conduct;  
    2. encouraging the Trustee to acknowledge and agree to stop the prohibited behaviour or  activity and to avoid future occurrences of the prohibited behaviour or activity; and;  
    3. if addressing the Trustee privately does not resolve the matter, requesting the Chair to  assist in informal discussion of the alleged complaint with the Trustee in an attempt to  resolve the issue. In the event that the Chair is the subject of, or is implicated in a  complaint, request the assistance of the Vice Chair.
44. People are encouraged to pursue this informal complaint procedure as the first means of  remedying behaviour or activity that they believe violates this Code of Conduct. However, a person is not required to complete this informal complaint process prior to pursuing the formal  complaint process outlined below. 
45. Trustees shall conduct themselves in an ethical and prudent manner in compliance with the Code  of Conduct. The failure by trustees to conduct themselves in compliance with this policy may  result in the Board instituting sanctions.
    
    Formal Complaint Process  
46. Any person who identifies or witnesses behaviour or activity by a Trustee that they reasonably  believe, in good faith, is in contravention of this Code of Conduct may file a formal complaint in  accordance with the following conditions: 
    1. A complaint must be made in writing and include the complainant’s name and contact  information;  
    2. A complaint must be addressed to the Board, attention of the Chair. In the event that the  Chair is the subject of, or is implicated in a complaint, the complaint must be addressed  to the attention of the Vice Chair;  
    3. A complaint must include the name of the Trustee(s) alleged to have contravened the  Code of Conduct, the specific provision(s) of the Code of Conduct allegedly contravened  and the facts surrounding the allegation, including the names of any witnesses. 
47. A complaint must be received not later than 30 days after the date the person became aware of  the conduct giving rise to the complaint. The Board may exercise its discretion to grant an  extension if:
    1. The delay in filing a formal complaint occurred in good faith;  
    2. It is in the public interest to conduct an investigation or to give consideration whether to  conduct an investigation; and  
    3. No substantial prejudice will result to any person because of the delay. 
48. Upon receipt of a formal complaint, the complaint will be:
    1. Served on the Trustee(s) whose conduct is in question; and 
    2. Added as a confidential agenda item to the agenda of the next regular meeting of the  Board or a special meeting of the Board called to consider the complaint. 
49. Upon receipt of a formal complaint, the Board will meet in closed session, excluding the  Trustee(s) alleged to have contravened the Code of Conduct and, if applicable, the Trustee(s)  who filed the complaint, and decide whether to proceed to investigate the complaint or not. 
50. Complaints that: 
    1. Are not about a current Trustee; or  
    2. Are covered by other applicable legislative appeals, complaint or court processes will be  immediately refused and the complainant will be advised in writing, with reasons, and  provided with information regarding other options, if applicable. The Trustee(s) alleged to  have contravened the Code of Conduct will also be advised in writing, with reasons. 
51. If the Board is of the opinion that: 
    1. A complaint is frivolous or vexatious or is not made in good faith; or  
    2. There are no grounds or insufficient grounds for conducting an investigation,the Board  may choose not to investigate or may dispose of the complaint in a summary manner. In  such an event, the complainant and the Trustee(s) alleged to have contravened the Code  of Conduct will be advised in writing, with reasons. 
52. If the Board decides to investigate the complaint, it shall take such steps as it may consider  appropriate in the circumstances, having regard for the specific nature of the complaint, which  may include: 
    1. Establishing an ad hoc committee of the Board to investigate the complaint and report to  the Board;  
    2. retaining a third party investigator to investigate the complaint; or 
    3. if the material facts are not in dispute or the alleged misconduct is admitted by the  Trustee(s) whose conduct is in question, proceeding to make a determination on the  validity of the complaint without further investigation. 
53. Investigations will be conducted in a fair, timely, and confidential manner that respects the  principles of procedural fairness and natural justice. 
54. Prior to commencing an investigation, the complainant and the respondent Trustee(s) will be  advised, in writing, of the investigation process. 
55. During an investigation, a complainant or witness may be asked to provide additional information.  Division staff may also be requested to provide information, and any person conducting an  investigation under this Code of Conduct may look at any record or thing belonging to or used  by the Division, and enter any Division facility for the purpose of completing the investigation. 
56. The Trustee(s) whose conduct is in question is entitled to disclosure of all relevant information  gathered during an investigation and must be given an opportunity to respond to the complaint  before the Board deliberates and disposes of the complaint. No investigation will be concluded or any investigation report issued in relation to a complaint unless a Trustee whose conduct is in  question has had reasonable notice of the basis for the proposed findings and conclusion as to  whether or not a complaint is substantiated and an opportunity to respond to the proposed  findings and conclusion. 
57. Upon conclusion of the investigation, the Board will convene at a closed session of the Board,  excluding the Trustee(s) alleged to have contravened the Code of Conduct, to consider the  results of the investigation and dispose of the complaint. The complainant and the Trustee(s)  alleged to have contravened the Code of Conduct will be advised of the Board’s disposition of  the complaint in writing, with reasons. 
58. A Trustee who files a formal complaint under this Code of Conduct or against whom a formal  complaint is made must not participate in conducting the investigation of the complaint. 
59. All complaints received under this Code of Conduct and all information and records received,  reviewed or generated during the course of an investigation and disposition of a complaint,  including interviews and investigation reports, are and must remain strictly confidential, unless  the Board directs otherwise.