Two surplus Dundas schools could be secretly sold at any time by the Hamilton Wentworth District School Board, despite a new property disposition protocol apparently intended to improve public openness and accountability.

Disposal of both Central Park and Dundas District schools was put on hold for six months while the new policy was created. The buildings have sat empty since November when students moved into the new Sir William Osler Elementary School.

Both buildings were offered for public tender between June 15 and July 11, with the deadline for bids expiring at noon last Friday.

Not covered

But Dundas school board trustee Jessica Brennan revealed in an e-mail this week the two closed Dundas schools are not covered by the new open sale protocol because they were declared surplus several years before it was passed.

Ms. Brennan also stated board trustees voted in June to authorize Superintendent of Business and Treasurer Don Grant to negotiate "and complete all transactions regarding the sale of board-owned land subject to conditions."

She said she understood all offers for the two schools received by the Friday, July 11 deadline would receive board responses by the end of this week. But offers will not be opened publicly, and no details about the bids or the sales will be released until the property is officially transferred to new owners.

When asked in a phone interview if this meant the sale of Dundas District and Central Park could be finalized this week without trustee approval, Ms. Brennan later confirmed the sales could be completed at any time.

"The superintendent of business and treasurer was authorized in June to complete all transactions regarding the sale of board-owned lands subject to conditions. This, of course, includes any negotiations and acceptance of offers to purchase."

Jane Miceli, the board's purchasing manager, said last Friday afternoon purchase offers were being reviewed by staff. Ms. Miceli would not say how many bids were received for each school property.

"That will be announced once the review has been done," Ms. Miceli said. "Accommodation and planning are responsible for all property sales. They meet with Don Grant's (business) office. After that, it will be made public."

A board spokesperson said she wasn't sure how the process would work, but Daryl Sage, the board's manager of accommodation and planning, would respond publicly by the end of the week.

The spokesperson suggested a reporter hold off writing a story and wait for more information to be released next week.

Controversial sales

Dundas District and Central Park will apparently be sold using the same policy that resulted in the controversial sales of University Gardens and Pleasant Valley Schools.

The sale of University Gardens --where a joint bid by community residents, the City of Hamilton and a local Montessori failed to compete with bids by housing developers -- sparked the push for the new protocol.

Neither of the board policies permits a public release of bids received, or release of any information about the process until a sale is finalized and property legally transferred.

The new protocol argues all negotiations and transactions are considered "in-camera" under Section 207(2) of Ontario's Education Act.

But the section refers only to public access to school board meetings. That specific part of the Education Act allows school boards to close board meetings to the public when trustees consider acquisition or disposal of a school site, but it does not refer to keeping the tender results or negotiation process secret.

It's not clear how Section 207(2) of the Education Act could apply to the current bids for Dundas District and Central Park, which have not been considered by trustees in a meeting of the board.

The property for Dundas District School was sold to the school board for one dollar, 80 years ago by the Fisher family, specifically for use as a school.

As previously reported by the Dundas Star News, development of both properties is restricted. At Central Park, a large city easement through the property can not be built on. Central Park is also an irregular-shaped site, surrounded by existing residential development.

At Dundas District, a list of conditions set by CN Rail must be satisfied because the rail line abuts the property. Development of the Dundas District site could also be affected by impacts on Spencer Creek, which runs through the property. And the building itself could still be designated by the City of Hamilton under the Ontario Heritage Act.