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HomeMy WebLinkAbout05 Report 07-138 Structure of Board’s Organizational and Inaugural MeetingsOTTAWA- CARLETON DISTRICT SCHOOL BOARD 26 September 2007 Report No. 07 -138 to Chairs' Committee Re: Structure of Board's Organizational and Inaugural Meetings ORIGINATORS: Dr. Lorne M. Rachlis, Director of Education/Secretary of the Board Michele Giroux, Executive Officer, Corporate Services (ext. 8607) Monica Ceschia, Manager of Board Services PURPOSE: To seek approval for changes to streamline the process for the Board's organizational meeting held each year, between municipal elections and for the inaugural meeting of the Board (held following a municipal election). BACKGROUND: 2. Following the Board's Inaugural/Organizational Meeting on 05 December 2006 staff met to review ways to enhance the decision making process for the board's organizational and inaugural meetings to increase efficiency and effectiveness. One item discussed was the length of time taken to make appointments. These appointments are: Chair of the Board, Vice -Chair of the Board and membership on standing, statutory, advisory and ad hoc committees. Historically, the Board has used the nomination method at the meeting itself, that is having nominations put forward at the meeting for all positions and then having an election by ballot for each position. This is often time consuming. STATUS: 4. Kerr & King, §131, speaks to the following three nominations methods: a) the invitation method, b) the complement method, and c) the selection method. Information on the various methods from Kerr & King: Invitation Method A general invitation is sent out before the meeting to the specific electoral body, in this case to all board members. Nominations are invited for persons to volunteer and /or to nominate other board members to fill all vacant positions. Complement Method This method complements the invitation method by ensuring that a complete slate of candidates will be presented to the meeting. A nominating committee would seek out candidates for any positions for which no names were received in response to the general invitation. This enables members to consider further nominations to fill vacant positions or to provide alternative candidates for one or more positions. Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings Selection Method A committee would be responsible for receiving suggestions, seeking out candidates, and making recommendations for each office (encouraging qualified candidates to stand for office). Comparing these methods and how the Board currently conducts its business, it is clear that the meeting could be streamlined, for example, by using a mechanism to allow nominations to be put forward prior to the Board's organizational/inaugural meeting. This would streamline the meeting and focus the deliberation on membership to those committees which have more applicants than positions or insufficient applicants. The process could be as follows: • the Secretary of the Board invites nominations for vacant positions on or before 15 November, • the deadline for the nomination forms to be returned to the Secretary of the Board will be a minimum of 10 calendar days after the issuance of the nomination forms, • a board member can nominate him or herself or another board member who is willing to accept the nomination, • the Secretary of the Board will provide a report in advance of the meeting to give members time to consider the slate and to note any outstanding vacancies, • when the circulated names are presented at the meeting, they are regarded as nominations from the floor, and the chair, once elected provides an opportunity for members to put forward further nominations, • any nominations put forward at the meeting are added to those which have been previously submitted, • if additional nominations are received in response to this invitation, the chair is responsible for confirming that the persons concerned are willing to serve, • positions for which the appropriate number of nominations have been received are confirmed during the meeting (if no further nominations are made from the floor during the meeting), • if insufficient nominations are received for any positions nominations are instead to be moved from the floor at the meeting in order to fill all positions, and • if there are more nominations for the vacancies than there are positions available, an election of board members would be held to fill all positions. For information purposes, a draft procedure for this process is outlined in Appendix A. The invitation method for nominations encourages the board member to consider committee membership prior to the meeting with shared knowledge of expressed interest. 6. The process outlined above assumes that nominations would always be made from the floor. Another alternative would be to restrict the advance nomination process to self - nomination only and where the number of nominees is equal to the number of positions, nominations from the floor would not be allowed and the advance slate of nominees would be ratified. 7. Board's By -laws and Standing Rules Section 13 of the Ottawa - Carleton District School Board's By -laws and Standing Rules is attached as Appendix B and outlines the process for the annual organizational meeting of the Board. An amendment to the Board's By -laws and Standing Rules to implement the invitation method for nominations would require two weeks notice in writing to all board members and approval of two - thirds of all board members present at the meeting. 2 Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings To effect such a change a new section 13.2 would be inserted which would read as follows: 13.2 No later than November 15 'h each year, the Director shall invite board members to nominate or self nominate candidate to the positions identified in section 13.4. Board members will be given a minimum of 10 calendar days to confirm their interest. If the exact number required is achieved through the nomination process and no further nominations are received at the meeting, then those appointments will simply be ratified as part of the organizational/inaugural meeting. If more than or less than the required nominations are received then nominations would be as outlined in section 13.5 of the Board's By -laws and Standing Rules. At the organization/inaugural meeting, the Director will provide a report outlining those positions for which confirmation/ratification of the appointments is required and those positions for which there are outstanding vacancies and /or too many nominations therefore requiring an election. The regular election process will be in accordance with section 13 of the Board's By -laws and Standing Rules. 9. The invitation method for nominations is intended to streamline the process while still affording each member of the Board an opportunity to be considered for positions of interest. 10. Administrative Items During the staffs review of process it was agreed that the following procedural issues would be addressed for the next organizational meeting in December 2007 and the inaugural meeting in December 2010. This is provided for board member information: 10.1 Section 283(3) of the Education Act states, "At the first meeting in December of each year, the chief executive officer of a board shall submit to the board a report in a format approved by the Minister on the action he or she has taken during the preceding 12 months under subsection (2) and a copy of such report shall be submitted to the Minister on or before the 31st day of January next following. R.S.O. 1990, c. E.2, s. 283 (3). To meet the legislative requirement in the Education Act, the agenda will incorporate a standing opportunity at the organizational meeting, prior to new business, for the Director to report out on accomplishments of the previous year. 10.2 A more ceremonial atmosphere will be incorporated for the meetings, for example: • the singing of O Canada at the beginning of the meeting by a student group, • as the official election returns are being read into the official record the board member will stand as their name and zone is called, • provide refreshments and an opportunity for fellowship following the meeting for all those attending, • invitations for inaugural meetings will include the board members' families, and • for the inaugural meeting, provide a short program outlining the biographies of the board members that could also include their election platform. Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings 10.3 A briefing session will be held with all board members for approximately 30 minutes prior to the scheduled meeting to review process and expectations for the meeting. 10.4 A nomination form will be used as an aid to assist with the nomination process, (sample attached as appendix Q. 10.5 Given that nominations for representatives to the Ontario Public School Board Association are requested by the association in April, appointments will be made by the Board annually in April/May for a one year term. In a municipal election year, appointments will be to November with an automatic extension if an incumbent is re- elected at the inaugural meeting for the balance of the annual term. 10.6 Outgoing board members will be recognized by presenting a small gift as a token for service on the Board, at the last meeting of the Board. Invitations to the reception prior to the Board meeting will be provided to the outgoing board member's family and friends. Any outgoing board member who has been the Chair of the Board will be recognized by including their term of Chairmanship on their gift as well as the tenure of the board membership. Invitations will be forwarded to outgoing board members' family and friends as well as to Federation representatives and appropriate staff. 10.7 Annually, as the Board votes to appoint a Chair of the Board, recognition will be afforded to the outgoing Chair at the next Board meeting (two weeks later), once the new Chair has been appointed. 10.8 Policy P.019.GOV, Special Education Advisory Committee establishes a Special Education Advisory Committee as required by the Education Act and Ontario Regulation 464/97. Section 4.2 makes provision for a representative and alternate to be nominated by associations and organizations and appointed by the Board. This appointment is typically done at the organizational meeting. When putting forward names of the representative and alternate, the association or organization will be asked to provide a short candidate profile of the individual. This information will provide board members with background on the individuals being appointed. CONSULTATION PROCESS: 11. This report is being provided to the committee in response to requests to streamline the organizational meeting. The committee will have an opportunity to discuss the proposed changes and make a recommendation. Any changes to the Board's By -laws and Standing Rules must be made by way of Notice of Motion by a member of the Board. Upon approval of the changes to the Board's By -laws and Standing Rules, a copy of the procedure would be distributed for information. FINANCIAL IMPLICATIONS: 12. There are minimal financial implications as a result of the recommendations contained in this report. The additional costs incurred are for refreshments for the organizational/ inaugural meeting for all those in attendance and the cost to prepare and send the invitations. 4 Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings RECOMMENDATION: It is recommended THAT the structure of the organizational/inaugural meeting be redesigned using the invitation method for the nomination of board members to committees of the Board. Dr. Lorne M. Rachlis Director of Education/ Secretary of the Board Michele Giroux Executive Officer, Corporate Services Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings Appendix A Report 07 -138 PROCEDURE PR.XXX.GOV TITLE: BOARD'S ORGANIZATIONAL AND INAUGURAL MEETINGS Date issued: XX Month 2007 Last revised: Authorization: Senior Staff YR/MO /DA 1.0 OBJECTIVE To establish a procedure to streamline the process for the board's organizational and inaugural meetings. 2.0 DEFINITIONS 2.1 Organizational Meeting refers to the board meeting at which the members of committees are appointed. This meeting is to be held on the first meeting in December of each year. 2.2 Inaugural Meeting refers to the first meeting that the newly elected board holds, which will be no later than seven days after the day on which the term of office of the board commences. 3.0 RESPONSIBILITY The Director of Education, Executive Officer Corporate Services 4.0 PROCEDURES 4.1 Nomination Process a) A general invitation will be sent to board members, through the Secretary of the Board inviting nominations to fill all vacant positions and encouraging board members to consider all nominations to fill all vacant positions. The invitation will state the term of office for the position and must be received by the Secretary of the Board no later than three days before the meeting to be included. b) The invitations will be forwarded no later than November 15the each year to ensure sufficient opportunity for board members to self nominate or contact nominees and obtain agreement on their interest to serve, if elected. C) Nominations by invitation do not require a seconder. d) A board member may nominate him or herself or another board member. I Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings e) When nominating another board member, confirmation with the individual that he or she is prepared to accept the nomination must be received by the nominator prior to submission of the name. 4.2 The Secretary of the Board will provide a report to all board members of all nominations received in advance of the meeting in order to give members time to consider the balance of the slate and any outstanding vacancies. 4.3 At the first meeting in December of each year, the Director shall preside until the election of the chair or, if in absence of the Director, the members present shall designate who shall preside at the election of the chair, and if a member of the board is so designated, he or she may vote at the election of the chair. 4.4 Nominations will be circulated at the Board organizational/inaugural meeting and will be regarded as nominations from the floor, with the Chair providing an opportunity for members to put forward further nominations. 4.5 Any additional nominations received at the meeting will be added to those previously submitted on the nomination form, confirming that the members concerned are willing to serve. 4.6 All positions for which sufficient nominations have been received by the nomination process will be confirmed during the organizational meeting. 4.7 Positions where no nominations were received through the nomination process will require nominations moved and seconded from the floor at the organizational/inaugural meeting. 4.8 Where more nominations for the vacancy or vacancies were received than there are positions available, an election of the nominations will be held in order to fill the positions. 4.9 The Board will elect the following in order and by separate elections: a) Chair of the Board, b) Vice -Chair of the Board, C) Chairs of Standing Committees, who will be elected in the following order: i) Education Committee, ii) Business Services Committee, and iii) Human Resources Committee. Each member shall sit on one of the above Standing Committees. In addition, the Chair and Vice -Chair of the Board shall be members ex officio of all Standing Committees other than the Chairs' Committee. 4.10 The Board will then proceed to appoint from the nomination forms, or elect other board members to all standing, special purpose and ad hoc committees where more nominations for the vacancy or vacancies were received than there are positions available. 4.11 To ensure continuity of the work of an ad hoc committee, the board member membership of any ad hoc committee that has not completed its mandate as of the date of the Board's 7 Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings annual organizational meeting will remain the same until the mandate of the committee has been completed, with the proviso that board member members will be replaced if: i) the basis for their membership in the committee changes as a result of the election or appointment of the Chair or Vice -Chair of the Board and Chairs of standing committees: or ii) if they tender their resignation from the committee as of the date of the organizational meeting. 4.12 Election Process a) Voting will be by closed ballot. b) Election will require majority of valid votes cast. C) The Director shall appoint such assistants to conduct the election as necessary, but no fewer than two. The Director will announce the results of the vote for the election of the Chair, but will not declare the count. The Chair will announce the results of the votes for all subsequent offices, but will not declare the count. d) If no board member receives a clear majority, a second ballot shall be held. Should no board member receive a clear majority on the second ballot, the name of the person receiving the fewest votes will be dropped from the ballot and the board members will vote anew and so continue until a member receives a majority vote. e) If a tie vote occurs, a second ballot will be held between or amongst the board members involved in the tie, to break the tie. If the vote results again in a tie, the members involved will draw cards to determine the results, using Bridge Convention to determine ranking of cards. f) By resolution of the Board, all ballots will be destroyed after the elections have been completed and the results declared. 5.0 APPENDICES Attachment 1: Nomination Form 6.0 REFERENCE DOCUMENTS Education Act, R.S.O. 1990, §58, 62, 202, 208 Ottawa - Carleton District School Board By -Laws and Standing Rules Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings Appendix B Staff Report 07 -138 Excerpt from Board's By -laws and Standing Rules — Section 13.0 Initial Meeting 13.0 Initial Meeting 13.1 The initial meeting of the Board each year shall be held on such date and at such time as agreed by a majority of Board members, or as may be prescribed in legislation or by regulation. 13.2 At the appointed hour, the Director shall call the meeting to order and, in the year following a municipal election, shall read into the record the official returns from the designated election officer or officers, whereupon the elected members shall take their places and subscribe to declarations of office and oaths of allegiance as prescribed in legislation. The Director shall preside until a Chair has been elected. 13.3 The Board shall proceed to elect the following in order and by separate elections: a) Chair of the Board, b) Vice -Chair of the Board, c) Chairs of Standing Committees, who shall be elected in the order shown in Annex 2 of these By -laws. 13.4 Nominations shall be received from the floor and shall be seconded. A member may move or second his or her own nomination. In the event a member nominated for office is not present, the nominator or nominators shall satisfy the presiding officer that the member's consent to nomination has been obtained. The vote shall take place by closed ballot. Election shall require majority of valid votes cast. If no member receives a clear majority, a second ballot shall be held. Should no member receive a clear majority on the second ballot, the name of the person receiving the fewest votes shall be dropped from the ballot and the members shall vote anew and so continue until a member receives a majority vote. The Director shall appoint such assistants to conduct the election as necessary, but no fewer than two. The Director shall announce the results of the vote for the election of the Chair, but shall not declare the count. The Chair shall announce the results of the votes for all subsequent offices, but shall not declare the count. 13.5 Where during an election a tie vote occurs, a second ballot shall be held between or amongst the members involved in the tie, to break the tie. If a vote results again in a tie, the members involved shall draw cards to determine the results, using Bridge Convention to determine ranking of cards. 13.6 The Board shall then proceed to elect or appoint members or other persons to such standing, special purpose or Ad Hoc committees as have been established, and its representatives to other organizations and agencies. Where it has been determined that selection to committee membership or as Board representative is by means of election, the procedure outlined in 13.4 shall be followed. To ensure continuity of the work of an ad hoc committee, the board member membership of any ad hoc committee that has not completed its mandate as of the date of the Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings Board's annual organizational meeting shall remain the same until the mandate of the committee has been completed, with the proviso that board member members shall be replaced at the time of the annual Board organizational meeting if (a) the basis for their membership in the ad hoc committee changes as a result of the election or appointment of the Chair or Vice -Chair of the Board and Chairs of Standing Committees, thereby creating a vacancy among the non -ex officio board member members or (b) they tender their resignations from the ad hoc committee as of the date of the annual Board organizational meeting. Notwithstanding the principle of continuity noted herein, the appointment of members to an ad hoc committee must be confirmed by the newly elected board at the start of a new term of office. 13.7 By resolution of the Board, all ballots shall be destroyed after the elections have been completed and the results declared. 13.8 If a vacancy should arise in any of the above offices during the course of the term of office, the Board shall elect another member to fulfill the unexpired term in the manner set out above. 10 Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings Appendix C Staff Report 07 -138 OTTAWA- CARLETON DISTRICT SCHOOL BOARD Appointment /Election Form Position Chair, Human Resources Committee Number To Be Appointed 1 Appointment Authority OCDSB By -laws and Standing Rules Term of Appointment December 1, 2007 to November 30, 2008 Ex- officio position (s) Chair and Vice -Chair of the Board Eligibility Requirements Any member of the Board Mandate OCDSB By -laws & Standing Rules, Annex 2, Section 1.3 Human Resources Committee Policy development and evaluation in areas of human resources management including compensation, benefits programs, vacation and other leave entitlements, and working conditions generally; staff training and development; evaluation and performance management systems; collective bargaining; the hearing of grievances as may be required under collective agreements or policy; and matters referred by the Board. Other Relevant Information Human Resources Committee meets six times per year (Oct/Nov /Feb/Mar/May /June, usually the first Tuesday of the month) in the evening at the Administration Building. Nominees (nominations /volunteers) Agreement of Nominee Confirmed Number Name 1. Yes No 2. Yes No 3. Yes No 4. Yes No If you are nominating another board member you must ensure that the board member accepts your nomination before putting his /her name forward. Nominations must be received by the Secretary of the Board no later than .............. Signature of Board member Date 11 Report No. 07 -138 Structure of Board's Organizational and Inaugural Meetings