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HomeMy WebLinkAbout11.3 Ad Hoc Policy Review Committee Report, 7 December 2023 1 AD HOC POLICY REVIEW COMMITTEE December 7, 2023, 5:30 pm B400 Members: Donna Blackburn, Lyra Evans, Cathryne Milburn, Lynn Scott Non Voting Members: Amanda Presley (electronic communication), Pino Buffone Pino Buffone (Director of Education), Brett Reynolds (Associate Director of Education), Michèle Giroux (Executive Officer of Corporate Services), Paula Hall (Superintendent of People, Culture and Leadership), Richard Sinclair (General Counsel), Julie Cyr (General Manager, Early Learning), Engy Abdel Masieh (Policy Analyst), Desirrea Meney (Policy Analyst), Ryan Doucette (Advisory Committee on Equity), Calla Barnett (Parent Involvement Committee), Nicole Guthrie (General Manager, Board Services), Darren Gatley (Senior Board Coordinator) 1. Call to Order Director Buffone called the meeting to order at 5:33 p.m. 2. Acknowledgement of Territorial Lands Director Buffone acknowledged that the meeting is taking place on unceded Algonquin Homelands and thanked the Algonquin Nations for hosting the meeting on their land. 3. Approval of the Agenda Moved by Trustee Lyra Evans, THAT the agenda be approved. Moved by Trustee Scott, THAT item 3. Election of the Chair be moved to item 5.2 of the agenda. Carried Moved by Trustee Lyra Evans, THAT the agenda be approved, as amended. Carried 4. Declarations of Interest 2 No declarations of interest were filed. 5. Matters for Action: 5.1 Report 23-078 Approval of the Amalgamation of Extended Day and Child Care Programs Policies (B. Reynolds) Your Committee had before it Report 23-078 seeking to approve the proposed amalgamation of Policy P.035.SCO Extended Day Programs and Policy P.059.SCO Child Care Programs in Schools. Moved by Trustee Blackburn, A. THAT the proposed amalgamated policy P.035.SCO Extended Day and Child Care Programs, attached as Appendix A to Report 23- 078, be approved; and B. THAT the standing policy P.059.SCO Child Care Programs in Schools, attached as Appendix B to Report 23-078, be rescinded. In response to a query whether the amalgamation of Extended Day and Child Care Program Policies would impact early learning programs, staff noted that this amalgamation would make it easier for the Ottawa-Carleton District School Board (OCDSB) to begin the process to open new programs. Staff noted that there is a specific process to establish child care programs under the new Canada Wide Early Learning and Child Care Agreements. The city manager responsible for early learning and child care decides when programs can open based on sufficient provincial funding to help subsidize some of the costs for children aged 0 to 6, including the OCDSB kindergarten program. Staff added that to operate a program, a sufficient number of children must be enrolled in the program to maintain viability. The current program requirement is that there are 20 children enrolled full time a.m. and p.m. City programs, such as the recreation programs, have different legislative requirements, including different enrolment ratios and fee structures from the provincial program that can operate more effectively in certain locations. Staff added that the amalgamation of the policies enables the District to be proactive and is better aligned with Ministry requirements. In response to a query, staff noted that the amalgamation of the policies would not impede the current agreements with the City’s recreation programs. Moved by Trustee Blackburn, A. THAT the proposed amalgamated policy P.035.SCO Extended Day and Child Care Programs, attached as Appendix A to Report 23-078, be approved (Attached as Appendix A); and 3 B. THAT the standing policy P.059.SCO Child Care Programs in Schools, attached as Appendix B to Report 23-078, be rescinded (Attached as Appendix B). Carried 5.2 Election of the Chair Director Buffone reviewed the election process. Director Buffone called for nominations. Trustee Lyra Evans nominated Trustee Milburn. Trustee Scott nominated Trustee Blackburn. Moved by Trustee Lyra Evans, THAT nominations be closed. Carried Following an election and subsequent card draw, Director Buffone declared Trustee Milburn as the Chair of the Ad Hoc Policy Review Committee. 5.3 Notice of Motion re. Possible Amendments to Policy P.005.GOV Board Member and Student Trustee Expenses and Support Services, Trustee Scott Notice of motion having been given in keeping with section 12.9 of the Board’s By-Laws and Standing Rules, Trustee Scott moved as follows: Moved by Trustee Scott, THAT Staff bring forward Policy P.005.GOV Board Member and Student Trustee Expenses and Support Services for review by the Ad Hoc Policy Committee and consideration of the following possible amendments: To amend Section 2.2 The Board shall set aside annually a budget allocation for each member of the Board and student trustee to cover expenses incurred by the member while carrying out his/her duties as a member of the Board. This amount shall be equal for each member of the Board and student trustee. To read The Board shall set aside annually a budget allocation for each Board member position and student trustee position to cover expenses incurred by the incumbent while carrying out their duties as a Board member or student trustee. This amount shall be equal for each Board member position and student trustee position. 4 To amend Section 2.18 For the fiscal year in which a municipal election occurs, funding available for individual Board members and for the Board Development Fund shall be pro-rated for the period from 1 September to the end of the Board’s term of office (14 November) and from the beginning of the new Board’s term of office to 31 August of the following year (15 November). To read For the fiscal year in which a municipal election occurs, during the period from 1 September to the end of the Board’s term of office (14 November), permissible expenditures by an incumbent Board member and permissible expenditures from the Board Development Fund shall not exceed twenty percent (20%) of the total of the annual budget allocation plus any carryforward from the previous fiscal year. To amend Section 2.23 Board members and student trustees shall not donate funds or gifts from their individual budget allocations to community groups, charities, schools, school councils, political campaigns, or political parties. To read Board members and student trustees shall not donate funds or gifts purchased with funds from the annual budget allocations for their positions to any organizations or individuals, including community groups, charities, schools, school councils, students, student organizations, political campaigns or political parties. To add a new section following Section 2.23 Board members and student trustees shall not use funds from the annual budget allocations for their positions for the purpose of self- promotion. Self-promotion includes advertising for personal financial gain, the production and distribution of novelty items that contain the Board member’s name (e.g., personalized pens, pencils, magnets, keychains, banners, signs, plaques, balloons, etc.), and public communications that contain only Board member identifiers or contact information without any substantive information (e.g., details about the operations of the OCDSB, its programs, upcoming special events, new OCDSB initiatives). Business cards and newsletters are not considered to be self-promotion. Trustee Scott noted the importance of making adjustments to Policy P.005.GOV in order to clarify how funds are tied to the position, rather than individuals. She noted that some school districts prohibit self - promotion use with Board funds as this could have ethical governance 5 concerns. She noted that one amendment would limit how much funding could be carried forward by trustees. During the discussion and in response to queries, the following information was provided:  Trustee Blackburn expressed the view that trustees should not be self promoting, especially approaching an election;  The 20% limit on permissible expenditures by an incumbent Board member and permissible expenditures from the Board Development Fund during a municipal election year should remain as trustees seeking re-election may incur related expenses; and  Staff noted that the policy would be brought forward at a future meeting for Board approval. Moved by Trustee Scott, THAT Staff bring forward Policy P.005.GOV Board Member and Student Trustee Expenses and Support Services for review by the Ad Hoc Policy Committee and consideration of the following possible amendments: To amend Section 2.2 to read as follows: The Board shall set aside annually a budget allocation for each Board member position and student trustee position to cover expenses incurred by the incumbent while carrying out their duties as a Board member or student trustee. This amount shall be equal for each Board member position and student trustee position. To amend Section 2.18 to read as follows: For the fiscal year in which a municipal election occurs, during the period from 1 September to the end of the Board’s term of office (14 November), permissible expenditures by an incumbent Board member and permissible expenditures from the Board Development Fund shall not exceed twenty percent (20%) of the total of the annual budget allocation plus any carryforward from the previous fiscal year. To amend Section 2.23 to read as follows: Board members and student trustees shall not donate funds or gifts purchased with funds from the annual budget allocations for their positions to any organizations or individuals, including community groups, charities, schools, school councils, students, student organizations, political campaigns or political parties. To add a new section following Section 2.23 6 Board members and student trustees shall not use funds from the annual budget allocations for their positions for the purpose of self- promotion. Self-promotion includes advertising for personal financial gain, the production and distribution of novelty items that contain the Board member’s name (e.g., personalized pens, pencils, magnets, keychains, banners, signs, plaques, balloons, etc.), and public communications that contain only Board member identifiers or contact information without any substantive information (e.g., details about the operations of the OCDSB, its programs, upcoming special events, new OCDSB initiatives). Business cards and newsletters are not considered to be self-promotion. Carried 6. Matters for Discussion: 6.1 Report 23-081 Tier 2 Revisions to Policy P.024 Employee Conflict of Interest (P. Hall) Your Committee had before it Report 23-081, seeking input on the proposed revisions to Policy P.024.HR Employee Conflict of Interest. During the discussion and in response to queries, the following information was provided:  Staff will ensure that the policy clearly indicates that it does not apply to trustees;  The currently worded definition of “conflict of interest” within the policy should be considered by the context of personal considerations, such as identity, and if these other considerations would be captured within other policies such as the Equit able Hiring policy or Human Rights policy. It was suggested that there may be aspects not included in this policy;  Staff noted that the office of the Human Rights and Equity Advisor (HREA) was involved in the development of this policy and that staff will review if there should be additions;  Staff added that this policy would work in parallel with other policies;  Staff noted that they are developing the policy to ensure that personal considerations do not compromise the judgment of decision makers;  Staff will review and clarify the intent of “personal interest” within the context of the scope of the policy;  Staff understand that the reference to “reasonableness” in the policy as the reasonable apprehension of bias, which is the legal 7 standard in relation to conflicts of interest; however, staff will reflect on this further before the final version in shared for approval at a future meeting;;  Staff have considered creating a public central definitions document as opposed to including definitions within each policy; however, after a thorough review, have decided to move away from a central repository of definitions;  It was suggested that definitions of "personal" and “personal interest” should be clarified to avoid confusion;  Staff noted that this policy aims to set the parameters to address all types of conflict of interest and the specifics of how to deal with a particular interest, such as financial conflict of interest including sponsorship, will be addressed by the connected policies. Staff noted that they will consider which connected policies will be included in the final version;  It was suggested that staff could look at a qualitative and quantitative approach when bridging the policy and the procedure; and  Staff noted that the information from this discussion will help in the development of the procedure which will address the technical components and nuances in managing conflicts of interest. 6.2 Report 23-082 New Strategic Risk Management Policy (R. Sinclair) Your Committee had before it Report 23-082, seeking input on the draft Policy P.143.GOV Risk Management. During the discussion and in response to queries, the following information was provided:  Staff noted that they will consider extending the timeline for community consultation of this policy as the month of December may reduce engagement opportunities;  Staff noted that reference to safety would be included in section 4.3 of the draft policy under “educational risk” which would address how services are provided to students and how it affects student safety. Staff noted that this could be clarified within the policy;  It was suggested that safety risks for both students and staff should be included;  It was suggested that risk can also be a potential opportunity and that staff should consider this while maintaining caution when reviewing risk; 8  Director Buffone noted that safety and the use of risk to guide decision making could be encapsulated and clarified within the guiding principles of the policy;  A broad colour code for internal use such as green, amber, and red could be utilized for staff to manage the status of projects or to provide other insights;  The procedure will outline status measures. The risk register is intended to be reviewed regularly.  Inaction can carry similar risk to action and these uncertainties should be considered; and  Staff noted that this policy can be shared with the Audit Committee. 7. New Business -- Information and Inquiries In response to a query regarding the student trustee’s request for an artificial intelligence (AI) policy, staff noted that they met with the student trustees and that it was determined that an AI policy would not be presented during the current school year. It was noted that staff may be able to work through some questions regarding AI and may be able to address some of their concerns by the end of the school year. Director Buffone noted that he plans to attend a professional development (PD) session on AI in the spring of 2024. He added that managing AI in schools is a work in progress and that he will bring this back to trustees and senior staff. Director Buffone added that he is working with staff to manage the use of AI in schools. He noted that staff were asked to consider the potential positive utilization of the technology and that any new technology should not be banned, but rather consider the potential usage. 7.1 Memo 23-078 Trustee Pregnancy and Parental Leave Policy In response to a query, staff noted that the Trustee Pregnancy and Parental Leave Policy will be presented to the Committee on 8 February 2024. 8. Adjournment The meeting adjourned at 6:53 p.m. _________________________ Cathryne Milburn, Chair, Ad Hoc Policy Review Committee