HomeMy WebLinkAboutBoard Meeting Minutes, 19 December 20231
BOARD PUBLIC MINUTES
Tuesday, December 19, 2023, 7:00 pm
Board Room
Administration Building
133 Greenbank Road
Ottawa, Ontario
Trustees: Alysha Aziz, Justine Bell (electronic communication), Donna
Blackburn, Donna Dickson, Lyra Evans, Jennifer Jennekens, Nili
Kaplan-Myrth (electronic communication), Matthew Lee,
Cathryne Milburn, Suzanne Nash, Amanda Presley, Lynn Scott
Staff: Emma Hong (Student Trustee), Malaika Kamanzi (Student
Trustee), Pino Buffone (Director of Education), Brett Reynolds
Associate Director of Education), Randy Gerrior (Associate
Director, Business Operations), Michele Giroux (Executive
Officer, Corporate Services), James Proulx (Executive Officer,
Information Technology and Digital Transformation), Paula Hall
Superintendent of People, Culture and Leadership), Reg
Lavergne (Superintendent of Instruction), Shawn Lehman
Superintendent of Instruction), Richard Sinclair (General
Counsel), Carolyn Tanner (Human Rights and Equity Advisor),
Sandy Owens (General Manager, Business & Learning
Technologies), Diane Pernari (General Manager of
Communications & Information Services), Nicole Guthrie
General Manager, Board Services), Michael Guilbault (Content
Creator, Digital Multimedia Technician), Susan Baker
Committee Coordinator)
Guests: Suzanne Craig (Integrity Commissioner),
1. Call to Order -- Chair of the Board
Chair Scott called the public meeting to order at 7:00 p.m.
2. Acknowledgement of Territorial Lands
Chair Scott acknowledged that the meeting is taking place on unceded Algonquin
Homelands and thanked the Algonquin Nations for hosting the meeting on their
land.
3. Declarations of Interest
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No declarations of interest were filed.
4. Report from the Board (In Camera)
The Board met in camera this evening and Vice-Chair Milburn reported that there
were no recommendations.
5. Approval of the Agenda
Moved by Trustee Blackburn, seconded by Trustee Dickson,
THAT the agenda be approved.
Carried
6. Briefing from the Chair of the Board
During the briefing from Chair Scott, the following information was
provided:
The Ontario Public School Boards’ Association (OPSBA) announced it
has ratified the tentative agreement reached with the Elementary
Teachers' Federation of Ontario (ETFO) Teachers and Occasional
Teachers on 21 November 2023. This comes following an announcement
last week that the majority of ETFO members voted in favour of this
agreement; and
Central agreements are now in place with both the elementary and
secondary teacher federations. As a result, there will be no provincial
labour action in English public schools across Ontario over the next three
years.
7. Briefing from the Director
During the briefing from Director Buffone, the following information was provided:
The last day of school for elementary and secondary students will be 22
December 2023;
All elementary and secondary schools (including school offices), EarlyON
Child and Family Centres, and Ottawa-Carleton District School Board
OCDSB) administrative sites will be closed as of the end of regular hours
on 22 December 2023;
Secondary school offices and OCDSB administrative sites will reopen on
2 January 2023;
Elementary school offices and EarlyON Child and Family Centres will
reopen on 8 January 2024;
All students will return to class on 8 January 2024; and
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Best wishes were extended to those in the community who are celebrating
various holidays during the winter holiday season.
8. Delegations
There were no delegations.
9. Confirmation of Board Minutes
9.1 28 November 2023
Moved by Trustee Lee, seconded by Trustee Nash,
THAT the Board Minutes, dated 28 November 2023, be confirmed.
Carried
10. Business Arising from Board Minutes
There was no business arising from the minutes.
11. Matters for Action
11.1 Receipt of Committee of the Whole Report
11.1.a 5 December 2023
Moved by Trustee Milburn, seconded by Trustee Presley,
THAT the Committee of the Whole report, dated 5 December
2023, be received.
Carried
11.1.a.a Approval of Needs Analysis for the 2024-2025 Budget
Moved by Alysha Aziz
Seconded by Cathryne Milburn
THAT staff develop an analysis of needs in the following
areas as part of the 2024-2025 budget process:
Transportation;
Special Education;
Mental Health and Well-Being;
Cost pressures related to facilities, renovations
and new builds;
Employee Replacement Costs; and
Cybersecurity.
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For (11): Alysha Aziz, Justine Bell, Donna Blackburn, Lyra
Evans, Jennifer Jennekens, Nili Kaplan-Myrth, Matthew Lee,
Cathryne Milburn, Suzanne Nash, Amanda Presley, and
Lynn Scott
Abstain (1): Donna Dickson,
Carried (11 to 0)
11.2 11 December 2023, COW Budget
Moved by Trustee Lyra Evans, seconded by Trustee Jennekens,
THAT the Committee of the Whole Budget Report, dated 11
December 2023, be received.
Carried
11.3 7 December 2023, Ad Hoc Policy Committee
Moved by Trustee Milburn, seconded by Trustee Blackburn,
THAT the Ad Hoc Policy Committee Report of 7 December 2023, be
received.
Carried
11.3.a Approval of the Amalgamation of Extended Day and Child Care
Programs Policies
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
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).
For (12): Alysha Aziz, Justine Bell, Donna Blackburn, Donna
Dickson, Lyra Evans, Jennifer Jennekens, Nili Kaplan-Myrth,
Matthew Lee, Cathryne Milburn, Suzanne Nash, Amanda Presley,
and Lynn Scott
Carried (12 to 0)
12. Investigative Report - Code of Conduct, Suzanne Craig, Integrity Commissioner
12.1 Code of Conduct Formal Review Report - Global Findings
Chair Scott called a recess from 7:12 p.m. to 7:25 p.m.
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Integrity Commissioner Suzanne Craig presented her Formal Review
Global Report on Board Member Code of Conduct Complaints against
Trustees Blackburn, Dickson, and Kaplan-Myrth. Although the allegations
against the three trustees were combined into one investigation as they
relate to the same events, each trustee was treated separately and in
confidence. The names of the persons who submitted the complaints were
not disclosed and all parties were advised that the findings of the Integrity
Commissioner were to remain confidential until the report is presented to
the Board.
The report includes the investigative processes followed as well as the
findings and recommendations of the Integrity Commissioner. If the Board
determines that a trustee has breached the Code of Conduct, it must
impose a sanction. Ms. Craig found that Trustee Kaplan-Myrth violated the
Code of Conduct and made a recommendation with respect to sanctions.
She also found that Trustees Blackburn and Dickson did not violate the
Code of Conduct.
In response to a query from Trustee Lyra Evans, Ms. Craig confirmed that
the Board may accept or reject her findings.
Chair Scott advised that the Board shall vote on the basis of facts
contained in the final report, and not consider any facts other than those
set out in the final report. She noted that all respondents were given an
opportunity to review and comment on the report. She added that if a
trustee is found to be in breach of the Code of Conduct, the Board must
consider sanctions. Each respondent is refrained from participating in the
debate or voting on motions with respect to complaint(s) made against
them.
Executive Officer Giroux noted that it is not necessary to pass a motion if
the Integrity Commission does not recommend a breach; however,
trustees may pass a motion if they disagree with the Integrity
Commissioner and deem that a breach has occurred.
12.2 Determination of Breach - Trustee Kaplan-Myrth
Moved by Trustee Milburn, seconded by Trustee Lyra Evans,
Upon review of the facts as documented in the Integrity Commissioner's
final report dated 15 December 2023 regarding a Code of Conduct
complaint in relation to Trustee Kaplan-Myrth, the Board finds:
THAT Trustee Kaplan-Myrth has breached Sections 3.5, 3.7, 3.8, 3.15,
3.17, and 3.18 of Policy P.073, Board Member Code of Conduct.
Chair Scott noted that Trustee Kaplan-Myrth may not participate in the
debate or vote on the motion, and that a 2/3 majority is required for the
motion to pass.
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During discussion, and in response to queries, the following points were
noted:
Trustee Milburn submitted that the report determined that this
breach has occurred and called upon all trustees to do better and
show respect to each other;
Trustee Lyra Evans spoke about the need for all trustees to be
accountable for their actions; and
Student Trustee Hong urged the Board to consider their
responsibilities to students and hold themselves accountable for
their actions.
Moved by Cathryne Milburn
Seconded by Lyra Evans
Upon review of the facts as documented in the Integrity
Commissioner's final report dated 15 December 2023
regarding a Code of Conduct complaint in relation to Trustee
Kaplan-Myrth, the Board finds:
THAT Trustee Kaplan-Myrth has breached Sections 3.5, 3.7,
3.8, 3.15, 3.17, and 3.18 of Policy P.073, Board Member Code of
Conduct.
For (11): Alysha Aziz, Justine Bell, Donna Blackburn, Donna Dickson,
Lyra Evans, Jennifer Jennekens, Matthew Lee, Cathryne Milburn,
Suzanne Nash, Amanda Presley, and Lynn Scott
Conflict (1): Nili Kaplan-Myrth
Carried (11 to 0)
12.3 Determination of Breach - Trustee Blackburn
Moved by Trustee Lyra Evans, seconded by Trustee Milburn,
Upon review of the facts as documented in the Integrity Commissioner's
final report dated 15 December 2023 regarding a Code of Conduct
complaint in relation to Trustee Blackburn, the Board finds:
A. THAT Trustee Blackburn has breached sections 3.7, 3.15, and 3.18
of Policy P.073.GOV, Board Member Code of Conduct for
misleading staff in such a way as to impede their ability to fulfill the
duties of their job.
B. THAT Trustee Blackburn breached 3.29 and 3.20 for giving media
interviews in contravention of section 3.1 in Policy P.136.COM.
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Chair Scott advised that Trustee Blackburn may not participate in the
debate nor vote on the motion.
During discussion, and in response to queries, the following points were
noted:
Trustee Lyra Evans expressed the view that Trustee Blackburn did
not act respectfully when she misled staff by identifying a reporter
as her "media advisor" to prevent staff from clearing the room
immediately following the Special Board meeting of 11 September
2023. Integrity Commissioner Craig advised that staff were not
trying to clear the room but rather to maintain order and protect the
safety of all present. The room was not a designated space for
Trustee Kaplan-Myrth;
Trustee Kaplan-Myrth noted that it was her husband who asked
staff to clear the atrium because she felt unsafe. She also noted
that she was offended by Trustee Blackburn's reference to her as
being a "white woman" and felt "targeted and threatened" by her
presence;
Chair Scott advised Board members that a determination of a
breach of the Code of Conduct is limited to the facts contained in
the Integrity Commissioner's report; and
An amendment moved by Trustee Lyra,
THAT the clause "for misleading staff in such a way as to impede their
ability to fulfill the duties of their job" be removed from Part A of the
motion.
Carried, friendly
Trustee Milburn assumed the Chair.
In response to a query from Trustee Scott with respect to whether
the right to freedom of expression takes precedence over the Board
Member Code of Conduct, staff advised that Policy P.136.COM,
Media Relations and Designated Spokespersons, designates the
Chair as the spokesperson for the Board. Staff noted that many
trustees have spoken with the media in the past and staff has not
contemplated whether freedom of information takes precedence
over Board policies.
Trustee Scott resumed the Chair.
Trustee Lyra Evans requested separate votes on Parts A and B of the
motion.
Chair Scott advised that a 2/3 majority are required for the motion to pass.
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Moved by Lyra Evans
Seconded by Cathryne Milburn
Upon review of the facts as documented in the Integrity
Commissioner's final report dated 15 December 2023
regarding a Code of Conduct complaint in relation to Trustee
Blackburn, the Board finds:
A. THAT Trustee Blackburn has breached sections 3.7, 3.15, and
3.18 of Policy P.073.GOV, Board Member Code of Conduct.
For (6): Alysha Aziz, Justine Bell, Lyra Evans, Nili Kaplan -Myrth, Cathryne
Milburn, and Amanda Presley
Against (5): Donna Dickson, Jennifer Jennekens, Matthew Lee, Suzanne
Nash, and Lynn Scott
Conflict (1): Donna Blackburn
Defeated (6 to 5)
Moved by Lyra Evans
Seconded by Cathryne Milburn
B. THAT Trustee Blackburn breached sections 3.29 and 3.20
for giving media interviews in contravention of section 3.1 in
Policy P.136.COM.
For (4): Alysha Aziz, Justine Bell, Lyra Evans, and Nili Kaplan -Myrth
Against (7): Donna Dickson, Jennifer Jennekens, Matthew Lee, Cathryne
Milburn, Suzanne Nash, Amanda Presley, and Lynn Scott
Conflict (1): Donna Blackburn
Defeated (4 to 7)
12.4 Determination of Breach - Trustee Dickson
Moved by Trustee Lyra Evans, seconded by Trustee Milburn,
Upon review of the facts as documented in the Integrity Commissioner's
final report dated 15 December 2023 regarding a Code of Conduct
complaint in relation to Trustee Dickson, the Board finds:
THAT Trustee Dickson has breached sections 3.29, and 3.30 of policy
P.073.GOV, Board Member Code of Conduct, for giving media interviews,
in contravention of section 3.1 of Policy P.136.COM.
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Chair Scott advised that Trustee Dickson may not participate in the debate
nor vote on the motion.
During discussion, and in response to queries, the following points were
noted:
Trustee Lyra Evans noted that page 136 of the Integrity
Commissioner's report, referred to remarks made by Trustee
Dickson in an interview with True North Canada; and
Trustee Aziz noted that individual Board members may speak with
the media but they must uphold the decision of the Board and
clearly state that they are not speaking on behalf of the Board.
Moved by Trustee Blackburn, seconded by Trustee Jennekens,
THAT the debate be closed.
Carried
Moved by Lyra Evans
Seconded by Cathryne Milburn
Upon review of the facts as documented in the Integrity
Commissioner's final report dated 15 December 2023
regarding a Code of Conduct complaint in relation to Trustee
Dickson, the Board finds:
THAT Trustee Dickson has breached sections 3.29, and 3.30 of
policy P.073.GOV, Board Member Code of Conduct, for giving
media interviews, in contravention of section 3.1 of Policy
P.136.COM.
For (3): Alysha Aziz, Lyra Evans, and Nili Kaplan -Myrth
Against (8): Justine Bell, Donna Blackburn, Jennifer Jennekens, Matthew
Lee, Cathryne Milburn, Suzanne Nash, Amanda Presley, and Lynn Scott
Conflict (1): Donna Dickson
Defeated (3 to 8)
12.5 Determination of Sanctions (if required)
Trustee Scott called a recess at 8:32 p.m. to 8:39 p.m.
Trustee Scott advised that, having found Trustee Nili Kaplan -Myrth in
breach of the Code of Conduct, the Board may impose one or more of the
following sanctions: censure, barring her from attending the next Board
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meeting, and/or barring her from sitting one one or more Committees of
the Board.
Moved by Trustee Milburn, seconded by Trustee Dickson,
A. THAT, in accordance with Sections 4.41(b) of Policy P.073.GOV,
Trustee Kaplan-Myrth be barred from attending the next regular
Board meeting on 30 January 2024; and
B. THAT, in accordance with Section 4.41(c) of Policy P.073.GOV,
Trustee Kaplan-Myrth be barred from sitting on the following
Committees of the Board for a six (6) month period beginning 1
January 2024 to 30 June 2024 inclusive:
Committee of the Whole;
Committee of the Whole Budget;
Ad Hoc Policy Review Committee;
Advocacy Strategy Committee;
Advisory Committee on Equity.
During discussion of the motion, and in response to queries, the following
information was noted:
Trustee Lyra Evans expressed concern that the length of the term
of barring Trustee Kaplan-Myrth from sitting on the Committees
listed in the motion was excessive for a first breach of the Code of
Conduct and queried whether there were any additional sanctions
that could be imposed should there be a future breach of the Code
of Conduct. Executive Officer Giroux advised that if there is another
breach of the Code of Conduct, a new motion would be required to
impose appropriate sanctions, including censure, a bar from
attending another Board meeting, and a bar from sitting on any
committees of the Board, including the Special Education Advisory
Committee (SEAC);
Policy P.073.GOV provides the authority for the Integrity
Commissioner to recommend restorative actions. These
recommendations will be left to the Chair, in consultation with the
Director Education, to consider implementation; and
Trustee Aziz requested an update on safety measures that are
currently in place be provided at a future in camera meeting;
An amendment moved by Trustee Aziz, seconded by Trustee Presley,
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THAT "a three (3) month period beginning 1 January 2024 to 30 March
2024" replace "a six (6) month period beginning 1 January 2024 to 30
June 2024".
Trustee Aziz noted that as this was Trustee Kaplan -Myrth's first
breach of the Code of Conduct, mediation and a reconciliation
approach should be considered;
Board members in support of the amendment expressed concern
for the length of time Trustee Kaplan-Myrth's constituents would be
without representation if she were barred for six months;
Board members who are barred from attending Board meetings or
sitting on Committees would not be entitled to receive any materials
related to that meeting that are not available to members of the
public; and
Trustee Bell expressed the opinion that the sanctions are not
appropriately commensurate with the facts and they would hurt her
community.
An amendment moved by Trustee Aziz, seconded by Trustee Presley,
THAT "a three (3) month period beginning 1 January 2024 to 30 March
2024" replace "a six (6) month period beginning 1 January 2024 to 30
June 2024".
Carried
Chair Scott thanked Integrity Commissioner Craig for her report and noted
that she would follow up with staff with respect to the additional
recommendations proposed by Ms. Craig including mediation and safety
planning.
Moved by Cathryne Milburn
Seconded by Donna Dickson
A. THAT, in accordance with Sections 4.41(b) of Policy
P.073.GOV, Trustee Kaplan-Myrth be barred from attending the
next regular Board meeting on 30 January 2024; and
B. THAT, in accordance with Section 4.41(c) of Policy P.073.GOV,
Trustee Kaplan-Myrth be barred from sitting on the following
committees of the Board for a three (3) month period
beginning 1 January 2024 to 30 March 2024 inclusive:
o Committee of the Whole;
o Committee of the Whole Budget;
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o Ad Hoc Policy Review Committee;
o Advocacy Strategy Committee;
o Advisory Committee on Equity.
For (10): Alysha Aziz, Donna Blackburn, Donna Dickson, Lyra Evans,
Jennifer Jennekens, Matthew Lee, Cathryne Milburn, Suzanne Nash,
Amanda Presley, and Lynn Scott
Against (1): Justine Bell
Conflict (1): Nili Kaplan-Myrth
Carried (10 to 1)
13. Matters for Discussion
13.1 Report from OSTA Representatives (if required)
There was no report from OSTA.
13.2 Report from OPSBA Representatives (if required)
Trustee Jennekens advised that the Ontario Public School Boards’
Association (OPSBA) Board of Directors ratified the tentative agreement
with the Elementary Teachers' Federation of Ontario (ETFO) Teachers
and Occasional Teachers.
14. Board Work Plan
The Board Work Plan was provided for information.
15. Matters for Information
There were no matters for information.
16. New Business -- Information and Inquiries
There was no new business.
17. Adjournment
The meeting adjourned at 9:35 p.m.
Lynn Scott, Chair of the Board