Hamilton School Board trustees considering a change in Conduct Code that would limit what they can say to the public

By Pepper Parr

January 16th, 2024

BURLINGTON, ON

My colleague at the Bay Observer wrote in a recent article that a Committee of the Hamilton Wentworth District School Board took part in a lengthy debate about the role of trustees in expressing opinions in public with the media regarding board policy matters.

Under language being considered Trustees would be discouraged from expressing opinions on matters before the board prior to the matter being voted upon.

Hamilton Wentworth District School Board Trustee Dawn Danko

Trustee Dawn Danko said  “individual trustees who share their opinions with the media before a vote are being “self-serving, as opposed to serving the board.” The remarks came as trustees were considering revisions to the Trustees’ Code of Conduct.

Trustee Todd White clearly disagreed with the opinion that would place restrictions on board-media interactions; but board chair Maria Felix-Miller liked Danko’s idea stating, “We’re not city councillors, so we really shouldn’t be behaving like city councillors. We are a board of — trustees is the word — essentially advisers,” she said.

Paul Berton, Editor Hamilton Spectator

In a letter written by Hamilton Spectator Editor-in-Chief Paul Berton and signed by Greg O’Brien and Scott Monich. News directors of CHCH and CHML respectively, Berton writes, “It has come to our attention that the Hamilton-Wentworth District School Board (“HWDSB” or the “Board”) is considering amendments to its Trustee Policy Manual that would restrict the ability of Trustees to communicate directly with members of the media. We write to voice serious concerns about this proposal.”

Berton’s view was that the proposed policy would be a violation of the Charter of Rights and Freedoms. He wrote, “In our view, the proposed amendment to prohibit trustees communicating with the media without the prior approval/direction of the Chair would unjustifiably violate s. 2(b) of the Charter.”

The Canadian Charter of Rights and Freedoms – in place to protect the rights of the public.

The letter concluded, “Prohibiting trustees from speaking to the media directly and from offering their personal views without prior approval would significantly hamper the media’s ability to keep the public apprised of developments in local politics, lessen the board’s public accountability, and would decrease political participation for the trustees, the press, and the public.

Berton urged the Board to “reconsider these proposals in a way that recognizes and respects the Charter right of freedom of expression and the role of the free press in reporting on local government.”

The Gazette hasn’t heard of anything like this at the Halton District School Board.  We will check out what local trustees have to say.