Conflict of interest: Judge requests more information from trustees

A London judge said he is not prepared to grant a sweeping order that would lift conflict of interest rules that have gridlocked London District Catholic school board trustees.

Concerned about setting or adding to previous that may “diminish” a board’s oversight, Justice Spencer Nicholson in a document issued Monday instead asked trustees to make a list of financial or pecuniary decisions they have to make as a board during the next 60 days for his review to pinpoint where exemptions may apply.

The board is seeking an urgent exemption from Ontario’s conflict of interest law because so many of its trustees are related to board employees that the board says its work has been “paralyzed.”

Because the eight-member board can’t achieve a quorum of two members, it’s unable to move forward with day-to-day operations including “critical governance decisions,” according to an application filed in a London Superior Court at the end of February .

A hearing was held Friday.

The Municipal Conflict of Interest Act came into effect in 1983 and ensures public officials do not take advantage of their positions for personal gain.

Of its eight board members, seven trustees have declared a potential conflict of interest in matters such as the board budget, collective agreements and other board business due to having a family member employed by the board.

Nicholson said he will review board matters that have “pecuniary interest” to board trustees “meaning a financial, monetary or economic interest.”

“It is my desire, however, to create a situation in which this board can fulfill its duties,” he said.

The seven trustees who have reported conflicts are Gabe Pizzuti, his son Matt Pizzuti, Sandra Cruz, Bill Hall, Mary Holmes, John Jevnikar and Josh Lamb.

Only board chair Linda Steele doesn’t have any conflict of interest.

Cruz, Hall, Holmes and Jevnikar have children who work full time or part time for the board and Lamb has a sister who is a board employee. All are members of the Ontario English Catholic Teachers’ Association except for Hall’s daughter who is a member of CUPE.

Gabe Pizzuti’s other son is a teacher with the board and his wife works as an occasional teacher.

The Conflict of Interest Act only applies to parents, spouses and children, Nicholson said.

Nicholson said if Lamb’s only reason for his recusal is his sister’s place of work, he “is not required to recuse himself.”

With Lamb able to make decisions again, the board can achieve quorum, Nicholson said.

He also acknowledged a person seeking election to the board of trustees “is very likely to have a significant interest in matters concerning education.”

“It, therefore, comes as no surprise that so many of the trustees have family members who are educators,” he said.

Nicholson also invited the board’s lawyer Paula Lombardi to appear before him again.

“I would not be surprised if counsel wishes to have another appearance before me with respect to this matter. . . It may be that this solution does not satisfactorily alleviate an unworkable situation and if so, I would consider varying the order.”

Trustees learned about their conflicts at a presentation given to the board last fall after the municipal election, Lombardi said at the hearing.

The London District Catholic school board has 15,560 elementary pupils, 8,386 secondary students and a budget of $312 million.

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