A municipal Board of Directors, such as the Cariboo Regional District Board of Directors, has jurisdiction to govern the conduct of its directors and discipline their misconduct. In inquiring into alleged misconduct by and disciplining one of its members for misconduct, the board has a duty to afford procedural fairness to the member in question. Where complaints are made against the member which the board intended to consider in potentially sanctioning the member’s conduct, the member is entitled to proper notice. Proper notice in these circumstances must convey some precision and be capable of appreciation by the recipient such that he or she is aware of what specific alleged misconduct will be considered and sanctions sought by the board. The person has to be given specifics of the complaints that might permit a reasoned and structured response. He or she should be given a reasonable opportunity to consult with counsel, study and respond to the allegations. Where a municipal board acts with a complete disregard for fair process in disciplining one of its members, special costs may be awarded on an application by the member for a judicial review of the board’s decision..
26. May 2009
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Administrative law – Decisions of administrative tribunals – Municipal councils – Regional Districts – Board of Directors – Discipline of directors – Hearings – Conduct of hearings – Notice – Fairness – Costs – Judicial review – Jurisdiction – Procedural requirements and fairness – Disclosure Barnett v. Cariboo (Regional District), [2009] B.C.J. No. 713, British ...