Hinton will continue to be short one school board representative after the Court of Queen’s Bench upheld former trustee Cheryl Howell’s disqualification from the Grande Yellowhead Regional Division board late last month. 

Earlier in the year, the GYRD board had challenged Howell’s eligibility after she cast a vote concerning the Retirement Incentive Plan (RIP). Concerns about a conflict of interest were raised given that Howell’s husband was a teacher and therefore potentially able to benefit from the RIP. Howell challenged the board’s decision and took the matter before the court.

In her decision Madame Justice Moen found that Howell “had a pecuniary interest and because of that pecuniary interest she was bound to follow the procedure set out in the School Act”. Section 83 of the School Act requires Trustees to disclose the general nature of their conflict prior to any discussion of the matter, abstain from voting on any related question, and leave the room until the discussion and voting have concluded. As Ms. Howell did not follow this procedure, Moen concluded that “Ms. Howell breached the conflict of interest requirements contained in the School Act”.

As a result of the decision, Howell will have to pay for the GYRD’s legal costs, a financial obligation that she told the Fitzhugh will prevent her from pursuing any further legal avenue. Howell represented herself at the hearing.

“When a publicly elected trustee can be removed from office in this way, there is an erosion of democracy,” Howell wrote in a media release following the May 25 ruling. “I regret that my participation in the discussion and voting on the Retirement Incentive Program matter was perceived as a pecuniary conflict. I share the belief that this program is good for GYRD and my spouse’s eligibility was never a factor in discussions.”

A replacement for Howell will have to be selected via byelection, but the board may not be able to start that process until the fall, given that there is a window of opportunity for appeal. Whenever the election takes place, Howell will not be able to run for the vacant seat. The School Act precludes any board member removed due to conflict of interest from running in the subsequent two general elections. This would mean that Howell could not run for the GYRD trusteeship again until 2013.

“If she hadn’t appealed the decision and brought it before the courts, she could have run in the byelection,” said GYRD communications manager Nicole Merrifield.

Howell gave thanks to the people of Hinton who she says supported her through the process, acknowledging that her removal from the board has been an inconvenience for her former constituents.

“I thank the community for its overwhelming support during this difficult time. Members of the Hinton electorate expressed their desire to have me continue to speak for them at the board table. My only regret is that I am now unable to fulfil the trust and responsibility they placed in me.”

Since Howell’s removal, the remaining Hinton trustee, Shirley Caputo, has been working overtime to ensure her community is well-represented at the board table, according to Merrifield.

“Shirley was working extremely hard prior to the board’s decision and I know she has been trying her best to be available to everyone in Hinton.”

In addition, Jasper trustee Gilbert Wall, who raised the initial concerns about Howell’s involvement in the RIP vote, has also been helping in Hinton.

“Gilbert has been offering himself to the people of Hinton to ensure that they have some of that second voice at the board table,” said Merrifield. “He has been attending some of the school council meetings.”

“As a Board we were confident that the decision we made in January was in the best interest of the 

division and the communities we serve, and in accordance with the School Act,” Wall was quoted as 

saying in a GYRD statement released following the court’s decision. “It is comforting that the court has upheld what we saw as a practical decision, and that the court has agreed with us on every point.”