School trustee removed for unexcused absences Province says division can issue pass; division disagrees By: Kevin Rollason Posted: 7:00 PM CST Tuesday, Feb. 1, 2022

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This article was published 31/01/2022 (1059 days ago), so information in it may no longer be current.

Call it a lesson in pandemic bureaucracy.

Sheila Billinghurst has been removed as a trustee in the Pembina Trails School Division because she hasn’t appeared in person at a board meeting in the last three months.

But did the division jump the gun?

Depending on how one looks at the province’s Public Schools Act, the answer is either black and white or as clear as mud.

On Monday, Pembina Trails issued a single page news release with the heading “Vacant seat declared in Pembina Trails School Division.” It simply said that pursuant to two sections of the Public Schools Act, “there is a vacant seat in Ward 2 as of today.”

The statement went on to say that because there is less than a year until municipal elections, when both school trustees and city councillors are elected, no byelection would be held.

Nowhere in the statement did it say which trustee was no longer an elected official. It was later confirmed to be Billinghurst.

By Tuesday, the trustee’s photo, biography, and contact information had been scrubbed from the division’s website.

Billinghurst, who spent four decades as a teacher and principal and was honoured with the YMCA-YWCA Women of Distinction Award in 2014 for education, training and mentorship, could not be reached for comment.

Board chairwoman Kathleen McMillan admits that Billinghurst has shown up virtually at meetings – something that was allowed earlier in the pandemic under the public health order’s emergency powers until last summer – it’s not sufficient now.

“The Public Schools Act is clear the board is legally required to act if there is non-compliance with the three months,” said McMillan on Tuesday.

“The Public Schools Act is clear the board is legally required to act if there is non-compliance with the three months. The board followed the direction of the Public Schools Act.” – Board chairwoman Kathleen McMillan

“The board followed the direction of the Public Schools Act.”

McMillan said trustees were warned more than once in recent months the board had been sent information from the Manitoba School Boards Association that said trustees had to appear in person once every three months or they would lose their seat. There is no appeal mechanism.

She said Billinghurst was at risk of violating the law during the three-month period from August to October, but she showed up in person at the last school board meeting in October. It marked the last time they saw her in person at a meeting.

Under Sec. 39.7.1 (2) of the Public Schools Act, “every trustee must be physically present at a regular meeting at least once every three months.”

The law states a seat becomes vacant if the person has died, resigned, has been disqualified from holding office, ceases to be a resident of the school division, and if they “failed to attend three consecutive regular meetings of the school board without authorization of the school board by resolution recorded in the minutes.”

The province begs to differ.

A government spokesperson said the school board can vote to keep Billinghurst as a trustee — even by giving permission after the fact.

“We are advised the board has the power to excuse absences, even retroactively. The Public Schools Act allows authorization of absences.” – Government spokesperson

“We are advised the board has the power to excuse absences, even retroactively,” said the government spokesperson. “The Public Schools Act allows authorization of absences.

“These discussions and decisions occur at the board level. We understand that no authorization was requested or granted.”

The spokesperson also said the same section (c) allows the board to deal with the matter retroactively.

The Manitoba School Boards Association has sent information to all school boards in the province a few times in recent months reminding them trustees have to show up at least once every three months or they will vacate their seats.

President Alan Campbell confirmed his organization has asked the province for clarification.

“We’ve been offering guidance to boards since the pandemic began,” said Campbell. “It’s not for the (association) to enforce, it’s to offer guidance.

“If the (education) department decides to give that clarity to the school board association, they can. If we see fit to amend that guidance, I would have to talk with the executive director… the Act is the Act. It is for us to provide guidance to and boards to determine it as well.”

When asked if the board would excuse Billinghurst’s absences, McMillan said the trustee had not requested that.

“We’ve been offering guidance to boards since the pandemic began. It’s not for the (association) to enforce, it’s to offer guidance.” – Manitoba School Boards Association President Alan Campbell

Billinghurst was first elected in the 2014 election when she came in third in Ward 2 with 6,837 votes, or 19.78 per cent of votes cast. There were five candidates, but only the top three are elected.

She was re-elected in 2018 with the second highest number of votes in Ward 2.

Before becoming a trustee, Billinghurst established one of the first computerized language labs in the province, guided the implementation of 50 community education programs in Winnipeg, and, with her husband, was instrumental in the conception of the South Winnipeg Technical College.

kevin.rollason@freepress.mb.ca

Kevin Rollason
Reporter

Kevin Rollason is one of the more versatile reporters at the Winnipeg Free Press. Whether it is covering city hall, the law courts, or general reporting, Rollason can be counted on to not only answer the 5 Ws — Who, What, When, Where and Why — but to do it in an interesting and accessible way for readers.

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