EDUCATION REPORTER
Toronto Catholic Trustee Oliver Carroll has been found in contravention of the municipal conflict of interest law in a ruling just released today.
"The ruling found that I was in a conflict of interest, that I didn't have the defence of an error in judgment," said Carroll in a telephone interview from the courthouse where he is filing a motion for a stay in the case.
The ruling requires Carroll, a former chair of the Toronto Catholic District School Board, to "vacate" his seat, "but it didn't disqualify me from running again," he added. "I will be filing an appeal...and I will remain a trustee for the time being while the appeal is going through the divisional court.
"Whatever time it takes, it will take."
The ruling is yet another woe for the scandal-plagued board, which has dealt with spending abuses, deficit budgets and embarrassing trustee behaviour over the past year.
The complaint against Carroll was lodged by Catholic ratepayer Michael Baillargeon, who complained the trustee was in a conflict of interest when he took part in a board debate about teacher layoffs at a May meeting last year.
Carroll's daughter is a newly hired teacher with the board, and Baillargeon alleged that he discussed the issue but also accepted another trustee's proposal to ban teacher layoffs.
Baillargeon's lawyer had argued that wasn't the only time Carroll broke the rules, saying he showed a "flagrant and arrogant" disregard for the law and said Carroll was fully aware of the rules since he had three decades of public service.
Baillargeon had sought to have Carroll banned from running again for seven years.
Carroll's lawyer had argued his client was "misguided or confused" about what issues he could discuss and vote on when it came to layoffs and budget matters.
Carroll himself said he's "disappointed" in the ruling.
"I thought it was okay to participate because there was that flexibility there that if it didn't impact directly, that it was okay to go ahead. Plus, there is my obligation as trustee to protect programs.
"The judge found that not to be the case, we'll see what the divisional court (says)."