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Daniel Freudman
Daniel Freudman, Lawyer
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if an elected official (union) is charged with a crime or has

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if an elected official (union) is charged with a crime or has been arrested, what are the responsibilities of the board to deal with the situation?

Firstly, it is important to note that if he has merely been arrested or charged with an offence, he is presumed innocent until proven guilty.


As for the Board's responsibilities, the first place to look would be any Charter, policy/handbook or other documents setting out rights and responsibilities of the Board. If there is anything stating that any board member charged with an offence can no longer hold his/her seat, then obviously this rule is to be adhered to. Assuming the Charter or rules are silent on this, then presumably this person can continue to operate without issue. If the alleged crime pertains to the Board / the official's duties (e.g. misappropriation of trust funds, fraud, etc.) then you may want to take action against him (e.g. termination, civil suit) to show such action is not tolerated.


In summary, the first place to look would be any Board Charter or handbook. If there is something about this situation in the rules, such should be followed. If there are no rules on this, then presumably the Board has no responsibilities on dealing with this situation, though the Board may want to take some sort of action against this person to show such unlawful behaviour is not tolerated.



Hopefully that is of assistance.


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DISCLAIMER: My communication is general legal information only and is not intended to be relied upon. This information is not legal advice, nor is it a substitute for such, and if you are seeking legal advice then it is recommended that you retain an attorney. There is no guarantee as to the accuracy of this information, nor shall I be held liable for any claim, demand or damages, actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected to this information or the issue it pertains to. No solicitor-client relationship has been created by this communication.

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