Is it should or shall?

The Trustee Code of Conduct was front and centre for the Hastings Prince Edward District School Board on Monday evening.

A motion came forward:

” … that Hastings and Prince Edward District School Board approve the revisions to the Governance and Policy Directive 7.1 – Board Members Code of Conduct”

A concern brought forward by Trustee Ernie Parsons was about time limits on code-of-conduct complaints.

He says the concerning line in the new directive is:

“A complaint of an allegation of a breach of the Code should generally be made within 60 days after the alleged breach occurred or was discovered, whichever is later.”

Parsons says the word should means there is no time limit for complaints.

“A complaint of an allegation of a breach of the code should, it doesn’t say shall.  Then just to waffle it a little more says should generally, which means there’s no time limit.  It can be ten years.”

“I believe the Integrity Commissioner would take that in a formal investigation under consideration and be able to report back, because you do have a piece about frivolous and vexatious reports being made. Which I would say waiting four years, it would be frivolous on its face.”

“The length of time you wait has nothing to do with whether it’s frivolous or not.  I will guarantee you 100 per cent, if this ever went to court and the judge read that, the judge is going to say there’s no time limit.”

“If the complaint was made more 60 days after the alleged breach occurred or discovered, whichever is later,  I think that sort of brings you back to your point that it likely wouldn’t hold.”

“I humbly disagree when you have two clauses that say two different things.  Someone hasn’t done their homework.  I think we were served poorly by OPSBA (Ontario Public School Board’s Association) on that clause.  I believe there should be a time limit.”