Trustee Pecuniary Interest Question Raised in the Legislature

In Wednesday's afternoon sitting of the Legislature, Alberta Hansard reports the following exchange regarding a question about trustees and pecuniary interest:

Mr. Rodney: Thank you, Mr. Speaker. I don’t think there is any doubt that parents have the greatest stake in the success of their children. That’s why it was a little bit of a head-scratcher last week when Calgarians learned that parents who serve as trustees for the Calgary board of education are not permitted to participate in that school board’s budget debate. Considering that budgeting is a significant part of a school board’s work, can the Minister of Education please explain this decision?

Mr. Hancock: Well, first of all, Mr. Speaker, I don’t think it’s fair to say that parents who are trustees are not permitted to participate. Every individual, whether in an elected position, whether in this House or a on school board or at a municipal council, has to make a decision as to whether or not they are in a conflict of interest. I think the rules are pretty clear on conflict of interest, that it’s a direct pecuniary interest, and if you have a direct pecuniary interest, you should withdraw from the discussion and the vote. However, boards should be able to arrange their affairs so that’s not on broad issues like a budget but on very narrow issues relative . . .

2:40

The Speaker: The hon. member.

Mr. Rodney: Thank you, Mr. Speaker. It’s quite well known that the CBE has obtained a rather lengthy legal opinion on the subject that seems, on face value at least, to bind the trustees’ hands. Is the minister prepared to do anything about this? What are these trustees exactly supposed to do under these circumstances?

Mr. Hancock: Mr. Speaker, I’m not privy to a 13-page legal opinion. I’d be surprised if that legal opinion suggested that a trustee who was also a parent could not participate in budget discussions. Again, if it’s a direct pecuniary interest, that interest has to be declared and the individual withdraw, but they can organize their affairs and the agenda of a board meeting to ensure that parents or any other person who has a direct pecuniary interest in a subject that comes before the board can participate in the broad discussion of issues and just withdraw from the narrow issues . . .

The Speaker: The hon. member, please.

Mr. Rodney: I’ve had a number of conversations with the trustee in question, and I’m sure that she wasn’t expecting pecuniary interest to be in her vocabulary at this point. But considering all of that and the answers to the two previous questions, is this minister contemplating changes to the School Act to address the issue and put it to rest for good?

Mr. Hancock: Well, Mr. Speaker, we anticipate introducing the new Education Act later on today, but I can say this. The rules with respect to conflict of interest are pretty clear in the act, but if there’s further discussion – and this bill will be available for further discussion – and there are things that need to be clarified, that could be contemplated and done when the bill goes through the House.