The Teaching Council's governing board says appointing one of its members as interim chief executive isn't against the rules. Photo: RNZ / Alexander Robertson
The Teaching Council's governing board says appointing one of its members as interim chief executive does not breach a rule prohibiting board members from serving as CEO.
In a statement, the council said the interim chief executive Tom Gott had stepped away from his governance role and it had double-checked the legality of the move with the Education Ministry.
Gott was appointed because the council's chief executive Lesley Hoskin was on agreed leave while the Public Service Commission investigated the council's handling of conflicts of interest and procurement.
Sensitivity over the Teaching Council is running high because of the investigation and because of the government's recent decision to strip the council of responsibility for initial teacher education and teachers' practising standards, and to reconstitute its board next year so that a majority of members would be ministerial appointees.
Gott was one of six ministerial appointees on the now-12-member board and the issue of his appointment was raised with RNZ anonymously by people concerned the council was acting unlawfully.
The Education and Training Act 2020 said the council may appoint a chief executive but that person "may not be a member of the Teaching Council".
Council chair David Fisher told RNZ it made sure Gott's appointment was legal.
"Out of an abundance of caution and to satisfy any concerns that our decision was unlawful, prior to Mr Gott being appointed as interim CEO, the Teaching Council consulted with the Ministry of Education about the interim arrangements," he said.
"The Ministry guided us that, in the circumstances, it was appropriate for Mr Gott to act as CEO while remaining on the Board, provided he steps back from all governance work during this time, which he has."
Fisher said there was no co-mingling of executive and governance functions.
"Mr Gott is not attending any Governing Council meetings (other than in his capacity as interim CEO), receiving any Governing Council emails (other than emails that the CEO would receive), nor being paid for his position on the Council.
"Mr Gott will not participate in any governance decision making and has no voting rights. Mr Gott is very clear, as are we, that he is Acting CEO of the Council and as such has stepped away from his governance role."
The Post Primary Teachers Association said it believed the appointment breached the rules and the ministry's interpretation was incorrect.
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