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School whistleblower protection now in place

A new administrative procedure allowing for the formal reporting of fiscal wrongdoings and other concerns within the Chinook's Edge School Division will hopefully help improve the learning environment for students and the workplace for teachers and s

A new administrative procedure allowing for the formal reporting of fiscal wrongdoings and other concerns within the Chinook's Edge School Division will hopefully help improve the learning environment for students and the workplace for teachers and staff, says associate superintendent Allan Tarnoczi.

Procedure AP 4-27, which came into effect in January, assigns a designated officer to oversee the investigation of complaints, all under the auspices of the new provincial Public Interest Disclosure Act (PIDA).

"The hope is to improve the learning environment and the workplace,î said Tarnoczi. "We want not only a fiscally efficient operation, because when it is fiscally efficient and responsible there is more money available to help students, but we also want an organization that is based on the principles of fair treatment and equity and this legislation encourages both of those.î

Under the AP 4-27 procedure, wrongdoing can include "an act or omission that creates a substantial and specific danger to the life, health or safety of individuals other than a danger that is inherent in the performance of the duties or functions of an employee or a substantial and specific danger to the environment.î

Wrongdoing can also include "gross mismanagement of public funds or a public asset and knowingly directing or counselling an individual to commit a wrongdoing mentioned above.î

The procedure also states "no person may make reprisals against an employee for making a disclosure, seeking advice about making a disclosure, or taking any steps under PIDA, so long as the employee is acting in good faith.î

Examples of reprisals include "dismissal, layoff, suspension, demotion or transfer, discontinuation or elimination of a job, transfer, reduction in wages, changes in hours of work or reprimand, any other measure that adversely affects the employee's employment or working conditions (eg. bullying), and threats to do any of the above.î

Once a complaint is made under the procedure, the designated officer "shall conduct all investigations in accordance with the principles of natural justice and procedural fairness.î

A written investigation report must be provided to the superintendent no later than 110 business days from the date the disclosure is received.

"The superintendent shall consider the recommendations in the investigation report, shall be responsible for determining what action, if any, including disciplinary action, shall be either taken as a result or recommended to the Board of Trustees,î the procedure states, noting that the person making the complaint must be advised once the investigation is concluded.

The procedure also includes provisions for disclosures regarding a superintendent, whereby the board of trustees could authorize an investigation.

Procedure AP 4-27 replaces the former informal whistleblower system in the division, Tarnoczi said.

"We did not have formal procedural protection so this is new,î he said. "While we have always encouraged people to bring issues forward, we want to ensure that it is in procedure that they have those protections.

"It creates a better workplace and a better learning environment. And that is for the betterment of all students.î

There are 41 schools in the 11,000 student Chinook's Edge School Division.

The Red Deer Catholic Regional Division, which includes schools in Innisfail and Olds, already has an administrative procedure in place regarding reporting of misconduct.

That procedure states, in part: "Any staff member who believes another member of the division has acted in an illegal or unethical manner has a duty to follow their code of professional ethics or, if they are not part of a professional organization with a code of professional ethics, report the matter directly to their supervisor.î

The procedures also prohibits retaliatory action against anyone reporting misconduct.

"Staff who believe they have suffered retaliation or interference for reporting misconduct may file a written complaint with the superintendent,î section 4A reads.

Under the PIDA all school boards in the province are now required to have whistleblower procedures in place.

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