Education Minister Gordon Dirks used his office for partisan political gain by authorizing modular classrooms for a school in his constituency before a by-election, Alberta's ethics commissioner reported Tuesday.
Marguerite Trussler characterized Mr. Dirks' actions as "blatant political opportunism" but said he didn't violate the province's legal definition of conflict of interest.
"This issue was not one of general policy or ongoing work," wrote Ms. Trussler. "It was a specific political issue that he used his office to resolve in his favour."
Mr. Dirks was not available for an interview, but said in a statement he will act on Ms. Trussler's advice.
"Premier [Jim] Prentice has made it clear he expects everyone in his government to conduct themselves according to the highest ethical standards, and I fully support him in that goal," wrote Mr. Dirks.
"I appreciate the ethics commissioner's observations about perception and politics and I will be mindful of her comments and suggestions in the future."
Opposition politicians asked Ms. Trussler to investigate after Mr. Dirks ordered two modular units for the William Reid school just days before he narrowly won a by-election in Calgary-Elbow on Oct. 27.
The decision leap-frogged six other city schools ranked higher in terms of need.
Ms. Trussler noted that five days before the election, a letter from Mr. Dirks to parents was posted on his campaign website promising two modular classrooms for William Reid school would be in place for the 2015-16 school year.
Ms. Trussler noted that Mr. Dirks' campaign manager, Alan Hallman, then acknowledged to a reporter that the modulars were approved to combat opposition in the by-election.
Joyce Bowen-Eyre, chair of the Calgary Board of Education, told Ms. Trussler that 40 Calgary schools had asked for modulars and that on two occasions before the William Reid announcement, Mr. Dirks indicated to her he was getting phone calls to approve the modulars.
But Ms. Trussler said Mr. Dirks did not violate conflict of interest rules because they focus strictly on whether a politician received a direct or indirect financial benefit for his or her actions, such as gaining insider knowledge, influence, or money.
She said gaining a legislature seat cannot be included in that category.
"I have reluctantly come to the conclusion that running for office is always a political interest and that at no time does it become a private interest," she wrote.
The Conflicts of Interest Act, she added, "does not deal with moral integrity."
Ms. Trussler dismissed two other complaints that Mr. Dirks abused his position on the campaign trail by, for example, participating in sod turnings for the construction of new schools.
Wildrose house leader Shayne Saskiw said Ms. Trussler's ruling mocks Mr. Prentice's promise to run an ethical government free of entitled, self-centred decisions that marked the administration of former premier Alison Redford.
"While what Minister Dirks did wasn't technically illegal, it was clearly and certainly unethical," said Mr. Saskiw.
"Premier Prentice says [his administration] is new management. This seems a lot like the old management."