HomeMy WebLinkAbout5.0 Special Board Meeting_Jun29_2020
SPECIAL BOARD PUBLIC MINUTES
Monday, June 29,
2020
7:00 pm
Zoom Meeting
Trustees Present: Lynn Scott , Keith Penny, Justine Bell, Donna Blackburn,
Christine Boothby, Wendy Hough, Rob Campbell, Chris Ellis,
Jennifer Jennekens, Lyra Evans, Mark Fisher, Sandra Schwartz,
Prasith Wijeweera (Student Trustee)
Staff Present: Camille Williams-Taylor (Director of Education), Brett Reynolds
(Associate Director of Education), Dorothy Baker
(Superintendent of Instruction), Prince Duah (Superintendent of
Instruction), Mary Jane Farrish (Superintendent of Instruction),
Shawn Lehman (Superintendent of Instruction), Janice McCoy
(Superintendent of Human Resources), Shannon Smith
(Superintendent of Instruction), Michele Giroux (Executive
Officer), Richard Sinclair (Manager of Legal and Labour
Relations), Carolyn Tanner (Human Rights and Equity Advisor),
Diane Pernari-Hergert (Manager of Communications and
Information), Pamela LeMaistre (Manager of Human
Resources), Sandy Owens (Manager, Business & Learning
Technologies), Nicole Guthrie (Manager, Board Services),
Rebecca Grandis (Senior; Board Coordinator), Amanda Pelkola
(Committee Coordinator)
Guests Present: Lynn Harnden (Legal Counsel), Zaheer Lakhani (Lakhani
Campeau LLP)
1.Call to Order -- Chair of the Board
Chair Scott called the public meeting to order at 7:01 p.m. She acknowledged
that the meeting is taking place on unceded Algonquin Territory and thanked the
Algonquin Nations for hosting the meeting on their land.
2.Approval of the Agenda
Moved by Trustee Hough, seconded by Trustee Boothby,
THAT the agenda be approved.
Carried
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3.Presentation of Investigator's Report (Mr. Zaheer Lakhani)
Chair Scott acknowledged that this Special Board meeting was called to address
a code of conduct complaint (with respect to Trustee Blackburn and a member of
the community), and it is of particular interest to the Black community. Chair
Scott thanked everyone for their patience as the investigation into the alleged
breach of the Code of Conduct was conducted.
Chair Scott noted that, in accordance with legislation and policy, Trustee
Blackburn is entitled to be present but cannot participate in the meeting. The
complaint was filed by Trustee Boothby and she is entitled to participate.
Chair Scott advised that legal counsel, Mr. Lynn Harnden, is present to provide
additional legal guidance, as required. If privileged information needs to be
discussed, the Board will resolve in camera.
Chair Scott instructed trustees to recuse themselves if they do not wish to
participate on agenda items 3.1, 4.1 and 4.2. The courts have consistently held
the determination that if bias exists, it is not reasonable to recuse on some items
of the agenda and then participate in determining the sanctions. If someone
recused themselves from the first part of the agenda, it is appropriate to recuse
themselves from the second part as well.
On a point of order, Trustee Ellis questioned the rules for recusal. Chair Scott
advised that the advice from legal counsel was for trustees to recuse themselves
from both the determination of whether a breach occurred and if sanctions should
be applied. Mr. Harnden highlighted that if trustees recuse themselves due to
conflict of interest, such as prejudging whether a breach has occured would
stand as a barrier on the initial resolution but would also place risk on the
discussion of sanctions. It could be argued that an acknowledged conflict of
interest would be a breach to the duty of fairness to Trustee Blackburn. After the
process has been completed, a trustee can discuss why they were in conflict.
Trustee Ellis countered that if a trustee declares a conflict, and remains silent
during discussion of items 3.1 and 4.1, they should be allowed to participate in
item 4.2 regarding the sanctions. Mr. Harnden stated that only trustees
themselves have the ability to decide whether or not to recuse themselves.
However, he advised that if trustees recuse themselves for items 3.1 and 4.1 of
the agenda, they should also be recused for section 4.2.
Trustee Lyra advised that she has prejudged whether a breach has occurred and
will recuse herself from 3.1 and 4.1. She added that she has not prejudged what
the sanction should be and therefore will not recuse herself for item 4.2.
Trustee Schwartz requested additional information with respect to the process for
an appeal and/or judicial review of the Board’s decision. Mr. Harnden advised
that, if Trustee Blackburn is found to have breached the Code of Conduct and a
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sanction is imposed, the decisions could be subject to an appeal and judicial
review. In either an appeal or judicial review, having a trustee participate with an
admitted conflict of interest could be perceived as breaching Trustee Blackburn's
ability to receive a fair hearing. If the Board’s determination is overturned, the
Board could be at risk of being ordered to pay all court costs.
Trustee Ellis withdrew his point of order and advised that he would not recuse
himself for items 3.1, 4.1 and 4.2.
3.1 Investigator's Report dated June 24, 2020
Chair Scott advised the Board that an investigation has been undertaken
by an independent investigator, Zaheer Lakhani of Lakhani Campeau
LLP. Mr. Lakhani will provide his investigator's report and after his
presentation, trustees are invited to ask questions of clarification.
Mr. Lakhani informed the Board that he was a third-party investigator hired
to investigate the 27 March 2020 incident involving Trustee Blackburn and
a member of the community. Mr. Lakhani does not reside in Ottawa and
does not know any of the involved parties. The publication and press
releases were circulated and he was made aware of them. When retained,
Mr. Lakhani committed to only look at the facts from the incident on 27
March 2020.
Mr. Lakhani provided an overview of his investigation.
Following Mr. Lakhani's presentation, Chair Scott invited trustees to ask
questions for clarification and instructed that no new information was to be
provided outside of what was filed in the report. Chair Scott advised that
an opportunity to express views would be provided during items 4.1 and
4.2.
Trustee Ellis remarked that the whole process was a sham. He expressed
concern that trustees were precluded from discussing the issue of racism
and noted that he would recuse himself and leave the meeting.
Moved by Trustee Bell, seconded by Trustee Campbell,
THAT the Board adopt the rules of committee.
Carried
●Trustee Bell questioned the difference between “racially insensitive”
and “racist” and whether conscious or unconscious. Mr. Lakhani
advised that being racially insensitive is when an individual is unaware
of their comments and that they are insensitive towards someone's
race, instead of being intentionally racist. Mr. Lakhani noted that
Trustee Blackburn did not target a Black youth; however, the intent is
irrelevant as the photo and the comments were inappropriate. Advising
a Black youth that he may go to a detention centre is racially
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insensitive due to the misrepresentation of Black individuals in jails.
Another issue that there was concern of being inappropriate was when
Trustee Blackburn advised that she told other young Muslim boys that
the park was closed and they adhered to her request to leave. When
SL did not leave the park, the incident escalated;
●Trustee Bell inquired why further investigation of SL was not pursued.
Mr. Lakhani highlighted that it was his requirement to meet with the
parties and to ask for the names of witnesses. SL did not provide him
with any witnesses. Mr. Lakhani's follow up letter to SL explicitly
requested names of people to meet with to verify events and SL did
not provide any contacts. Trustee Blackburn did provide her witnesses
and others that were not involved;
●Mr. Lakhani highlighted that since SL retained counsel, he received
guidance from his lawyer. Mr. Lakhani advised that his
correspondence clearly stated that any lack of information could
impact his assessment of credibility. Mr. Lakhani did not immediately
know that SL had counsel, and he was originally going through SL's
father. Mr. Lakhani stated both SL and his father could be present for
the meeting and there was no response to the request. When Mr.
Greenspan was retained by SL, Mr. Lakhani was told he would only
receive a statement and that SL would not participate in a meeting;
●Trustee Bell inquired why previous racist issues were not taken into
account. Trustee Scott noted that the parameters for an investigation
are defined by the Code of Conduct policy which restricts
investigations to actions pertaining to the specific incident;
●Trustee Campbell requested clarity on what was meant by "some
conduct, seemed disingenuous" as no reasons were provided in the
report. In response Mr. Lakhani advised that two main conclusions
were used to base this decision:
o Firstly, this comment about the detention centre was not thought to
be racially insensitive at the time; however it was recognized by
Trustee Blackburn after the fact. Trustee Blackburn said by not
following rules, it is a slippery slope. Mr. Lahkani expressed the
view that her comment was racially insensitive regardless of
Trustee Blackburn's explanation; and
o Secondly, Trustee Blackburn claimed she posted SL’s photo to
demonstrate she was ensuring the community was safe. Mr.
Lakhani was concerned about posting the picture as it identified SL
as a young person who does not follow the rules.
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●Mr. Lakhani noted that Trustee Blackburn’s counsel confirmed that she
had taken sensitivity training;
●Trustee Hough inquired if an attempt was made to confirm SL's
credibility through a character witness. Mr. Lakhani noted that he was
looking for relevant evidence rather than an individual who could
provide a positive statement about SL. SL, Trustee Blackburn, and a
local Iman all agreed that the main witnesses, were two Muslim boys
who were present. As SL’s and Trustee Blackburn's statements
aligned there was very little reason to investigate further as only minor
aspects differed. The comment about Trustee Blackburn stating she
would trip SL on stage and interfere with his graduation could not be
confirmed;
●Trustee Schwartz requested clarification on SL's testimony/statement
and whether he confirmed that his personal privacy was breached and
that he felt discriminated against and shamed. Mr. Lakhani highlighted
that SL's statement was in written form and he did not have the benefit
of hearing it for himself. Mr. Lakhani asked SL for clarification around
those statements to confirm if those were SL's own words. Mr. Lakhani
received written confirmation stating that those were SL's words;
●Trustee Schwartz inquired if evidence suggested that Trustee
Blackburn targeted SL, and in response Mr. Lakhani stated that he did
not feel that SL was targeted but confirmed that what Trustee
Blackburn said does meet the standards of racial insensitivity;
●Trustee Schwartz requested additional explanation as to why the
comments were made about Trustee Blackburn's credibility and
conduct being disingenuous. Mr. Lakhani noted that the statement was
made as a result of Trustee Blackburn's comment about the "slippery
slope" and that "those individuals that do not follow rules may one day
be in a detention centre". Mr. Lakhani expressed the view that this
comment was a problem and posting SL's picture to show she was
protecting the community was not her sole intent. Whether Trustee
Blackburn acknowledged the comments in the end or not, they were a
problem; and
●Trustee Schwartz requested clarification on the comments under
factual findings, "racially insensitive" and "by an elected official with
corresponding fiduciary obligations towards the public". In response
Mr. Lakhani stated that Trustee Blackburn's conduct was not as a
concerned citizen, it was in her role as a trustee and that was a
significant factor in how she approached the situation. On page 11 of
the report, Mr. Lakhani provided evidence justifying why he came to
this conclusion. If Trustee Blackburn was representing herself as a
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trustee on Facebook and leveraging her position, then there are
corresponding fiduciary obligations towards the public as stated in the
law.
4.Matters for Action
4.1 Report 20-043, Code of Conduct Breach Determination (M. Giroux)
The Board had before it Report 20-043, Code of Conduct Breach
Determination.
Executive Officer Giroux highlighted that in April 2020, a Code of Conduct
complaint was filed against Trustee Blackburn stemming from an incident
with a student in a local park on 27 March 2020. The Board retained the
services of a third party investigator to conduct an investigation of the
incident. A formal report was prepared by the investigator Mr. Zaheer
Lakhani.
In order to make its determination the Board shall consider only the
findings in the report of the investigator when voting on the decision and
possible sanction(s).
Moved by Trustee Boothby, seconded by Trustee Penny,
THAT Trustee Blackburn has breached Sections 3.8, 3.15 and 3.18 of
Policy P.073, Board Member Code of Conduct, in relation to an incident
which occurred on March 27, 2020.
In introducing the motion Trustee Boothby made the following statements:
●Section 3.8 of the Code of Conduct states that " Trustees, as leaders
of the Board, must uphold the dignity of the office and conduct
themselves in a professional manner, especially when representing the
Board, attending Board events, or while on Board property" and it is
clear from the finding of the report, that Trustee Blackburn was
representing herself during the incident as a trustee, as indicated in
her Facebook post;
●Section 3.15 of the Code of Conduct states that a trustee is required to
behave in a civil manner and "not engage in conduct that would
discredit or compromise the integrity of the Board";
●Section 3.18 of the Code of Conduct states "Board members shall, at
all times, act with decorum and shall be respectful of ... students and
the public". Whether Trustee Blackburn thought SL was a student of
the Ottawa-Carleton District School Board (OCDSB) or not, she did not
conduct herself with decorum and SL did not feel respected but felt
shamed. Trustee Blackburn subsequently took down the photo of SL
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from Facebook, which implies she was aware that it was a shameful
act and that it violated SL's privacy; and
●None of these actions are acting in decorum and Trustee Blackburn
breached all three sections of the Code of Conduct and she has
brought shame to the Board of trustees and to the OCDSB.
Trustee Penny, speaking in support of the motion, noted that it is evident
that Trustee Blackburn diminished the role of a trustee by questioning the
youth for over an hour and threatening to follow him home. These acts go
against what the OCDSB is trying to accomplish. Trustee Blackburn did
not apologize to the youth directly and during the incident did not act with
decorum or respect.
Trustee Campbell agreed with the sentiments expressed and questioned
4.31 of the Code of Conduct where it states "resolution and reasons for
decision shall be recorded" and requested clarification. Executive Officer
Giroux responded by stating the minutes would sufficiently capture the
reasons.
Trustee Jennekens stated that trustees are supposed to promote student
achievement and equity or social circumstances should never be
obstacles in them attaining their potential. Trustees must comply with the
Code of Conduct, and there is an expectation for them to act with integrity
and high ethical standards. She suggested that Trustee Blackburn must
be held accountable for her actions, which do not represent the spirit of
the District. Trustee Jennekens expressed the view that Trustee Blackburn
has damaged public confidence in the Board.
Trustee Bell stated that, based on facts from the report, she understands
this to be an act of racism. When there is an abuse of power through the
impact of actions on a person or community, whether intentional or not,
trustees must listen to the voices of those impacted in the community.
Trustee Schwartz expressed her support of the motion based on the
findings in the investigator’s report. She believes all three sections of the
Code of Conduct were breached. Trustee Schwartz highlighted that a
disregard for fellow Board members was shown by Trustee Blackburn's
actions as demonstrated by the facts in the report. Trustee Blackburn did
not uphold the dignity of the office and as a result, there will be a need to
rebuild the public's trust. Trustees need to have high ethical standards and
Trustee Schwartz expressed her disappointment and anger and stated
that Donna Blackburn is not deserving of the title of trustee and the honour
and respect the title deserves.
Trustee Hough stated that she is saddened and disappointed that the
inappropriate behaviour by one trustee has had a significant impact on all
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trustees over the last few months. She is upset that trustees are having to
endure this, and she is unsure how to rebuild the community's trust. The
fact that trustees have been required to remain silent, which appeared as
though they did not care, has been unbearable.
Student Trustee Wijewwera thanked everyone for their professionalism
and leadership in the process. He commented on behalf of students and
as a person of colour, and expressed the view that emotions are running
high and that supporting the determination of a breach could have a
positive impact on students’ views of trustees and senior staff.
Trustee Schwartz requested that the opinion of legal counsel be sought
and proposed moving in camera following the vote on the
recommendation.
Moved by Trustee Campbell,
THAT the Board move to end the rules of committee.
Carried
Trustee Penny assumed the Chair.
Trustee Scott expressed sadness that her fellow trustees are called on
tonight to make a determination of a breach of the Code of Conduct.
Trustee Scott noted that during Trustee Blackburn's term, she has made
significant efforts to support marginalized youth; however, her treatment of
SL and her subsequent media posts are disturbing. Trustee Blackburn
used her connections as a Board member and her language was
intimidating and insensitive. Conduct in a professional manner should not
include posting photos of minors. The insensitivity of Trustee Blackburn's
remarks diminished the collaborative relationships that the OCDSB is
trying to build and have hurt the OCDSB's credibility. This incident
displayed a blatant lack of respect. Trustee Scott resumed the Chair.
Trustee Boothby noted that the public has placed their confidence in
trustees to make decisions in the best interests of students. She
expressed the view that the incident has shattered the public's confidence
and the associated work by the District has suffered as a result. She
urged trustees to hold Trustee Blackburn accountable for her actions and
the impact her insensitive actions had on SL.
Moved by Trustee Boothby, seconded by Trustee Penny,
Upon review of the facts as documented in the investigator’s final
report dated June 25, 2020 regarding a Code of Conduct complaint
filed by Trustee Boothby in relation to Trustee Blackburn, the Board
finds:
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THAT Trustee Blackburn has breached Sections 3.8, 3.15 and 3.18 of
Policy P.073, Board Member Code of Conduct, in relation to an
incident which occurred on March 27, 2020.
Carried
A recorded vote was held and the motion was carried on the following
division by those present:
FOR: Trustees Boothby, Hough, Campbell, Jennekens, Penny, Bell,
Fisher, Schwartz, Scott, (9)
AGAINST: Nil (0)
ABSTENTION: Trustee Lyra Evans (1)
Moved by Trustee Schwartz, seconded by Trustee Jennekens,
THAT the Board resolve in camera, to seek legal advice.
Carried
Chair Scott called the public meeting back to order at 9:23 p.m.
Trustee Penny reported that the Board met in camera this evening to seek
legal advice and had no report.
Trustee Lyra Evans recused herself from participating in agenda item 4.2.
4.2 Report 20-060, Code of Conduct - Possible Application of Breach
Sanctions (M. Giroux)
The Board had before it Report 20-060, Code of Conduct - Possible
Application of Breach Sanctions, to consider whether sanctions, if any,
should be applied in the event that the Board of Trustees rendered a
decision that there has been a breach of the Board Member Code of
Conduct.
Executive Officer Giroux noted that the Board, having determined a
breach, may impose one or more sanctions. Options include censure,
barring the Board member from attending all or part of a Board meeting or
meeting of a committee of the Board, and barring the Board member from
sitting on one or more committees of the Board for a specified amount of
time not to exceed six-months. Both the determination of a breach and the
imposition of sanction(s) must be decided by a ⅔ majority vote of elected
trustees.
Moved by Trustee Penny, seconded by Trustee Schwartz
Whereas the Ottawa-Carleton District School Board has a strong
commitment to the human rights and equitable treatment of all persons;
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And whereas the Ottawa-Carleton District School Board recognizes the
importance of good governance and the responsibilities of trustees to
provide leadership and to govern to benefit public education, being mindful
of the impact of decisions and actions on individual communities and
society at large, as provided in the Board Governance Policy P.012, Board
Governance;
And whereas the Ottawa-Carleton District School Board has investigated
a complaint under the Board Member Code of Conduct and has
determined that Trustee Donna Blackburn has breached the Code of
Conduct sections 3.8, 3.15 and 3.18 of Policy P.073.Gov, Board member
Code of Conduct and the fiduciary expectations for civil behavior for
School Trustees;
And whereas the Board believes that Trustee Blackburn exploited her
privilege and the privilege of elected office; failed to prioritize the dignity of
other persons; and engaged in conduct which discredited the Board and
undermined the Board’s commitment to create a culture of caring and
social responsibility; and expressed regret for her actions only well after
the presentation of the Code of Conduct complaint;
Therefore be it resolved.
A. THAT, in accordance with Section 4.37(a) of Policy P.073.GOV, Board
Member Code of Conduct, the Board censure Trustee Blackburn for
behavior which was disrespectful to the individuals directly involved,
disrespectful to the Black community as a whole, and which used
language which is known to be offensive and more specifically is a form of
anti-Black racism; and further,
i. That the Board condemn the behavior of Trustee Blackburn which is not
representative of the values and beliefs of the Board of Trustees; and
ii. THAT the Board stand with the community in strongly recommending
that Trustee Blackburn immediately offer her resignation from the office of
OCDSB Trustee, Zone 3, Barrhaven/Knoxdale-Merivale;
B. THAT, in accordance with Sections 4.37(b) and 4.39 of Policy
P.073.GOV, Board Member Code of Conduct, Trustee Blackburn be
barred from attending the Board meeting at which the Board will consider
the approval of the 2020-2021 Annual Budget;
C.THAT, in accordance with Section 4.37(c) of Policy P.073.GOV, Board
Member Code of Conduct, Trustee Blackburn be barred from sitting on the
following committees of the Board for the six-month period between July
1, 2020 and December 31, 2020:
●Committee of the Whole;
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●Committee of the Whole (Budget);
●Parent Involvement Committee;
●Audit Committee;
●Any Advisory Committee designated under Section 9.5(c) of the
OCDSB By-Laws;
●Appeals Hearing Panels;
●Expulsion Hearing Panels, and
●Any Ad Hoc Committee established by the Board; and further.
D. THAT, in accordance with Section 4.38 of Policy P.073.GOV, Board
Member Code of Conduct, the Board encourage Trustee Blackburn to
immediately undertake and complete an Anti-racism program to be
recommended by the Board’s Human Rights and Equity Advisor;
E. THAT, in accordance with Section 4.38 of Policy P.073.GOV, Board
Member Code of Conduct, the Board encourage Trustee Blackburn to
immediately undertake and complete a review of the Good Governance
for School Boards, Trustee Professional Development Program and
provide a copy of the Certificate of Completion to the Board; and
F. THAT the Board refrain from appointing Trustee Blackburn to any
representative position or role on behalf of the Board for a period of six
months from July 1, 2020 to December 31, 2020.
In introducing the motion Trustee Penny noted that the depth of the
proposed sanctions are appropriate for the nature of the breach.
Moved by Trustee Schwartz, seconded by Trustee Fisher,
THAT the Board adopt the rules of committee.
Carried.
Speaking in support of the motion, Trustee Schwartz noted for the record
that it is true that Donna Blackburn represented Barrhaven constituents for
many years, raised funds for Syrian refugees and we thank her for that,
but her actions in Board meetings were that of a bully and she abused her
role as an elected official. Donna Blackburn has done this before and her
deplorable actions on 27 March 2020 affected SL. Trustee Schwartz
showed frustration that her voice was silenced and that the OCDSB's
reputation has been affected. Trustee Schwartz felt hopeful at the recent
Board retreat that the Board was moving in the right direction knowing that
staff and colleagues were committed to equity for all. Trustee Blackburn
admitted her actions, she bullied a child, abused her power, the report
signals that she was not remorseful for her actions and it took more than a
month to issue an apology. Trustee Schwartz notes she would like
stronger sanctions and for options to be provided. Trustee Schwartz
highlighted that students and community members need to know the
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Board will put action and policies of anti-bullying and racism into effect.
She urged fellow trustees to consider the seriousness of the allegations.
Trustee Boothby thanked Trustee Schwartz for summarizing how she has
felt over the last few months. Trustee Boothby stated that Trustee
Blackburn is a third term trustee and not ignorant of the expectations of a
trustee. She expressed the view that the Board must not condone her
behaviour and that Trustee Blackburn’s actions have undone some of the
efforts of her own work and that of the Board. Trustee Boothby noted that
Trustee Blackburn shamed a student on Facebook, and noted that her
actions will have repercussions.
In response to trustee queries the following points were noted:
●Executive Officer Giroux highlighted, that the legislation is clear with
respect to the sanctions available to school boards;
●Mr. Harnden confirmed that, while a six-month limitation was not in the
Education Act, it was contained in the Code of Conduct. The Board
was required to adhere to that limitation. The sanctions in the motion
represented a fulsome view of those available; imposing more severe
sanctions would be regarded as being outside of the Board's authority;
●Mr. Harnden highlighted that, “attending” indicates that this form of
sanction is confirmed to a single meeting. He added that “barring from
sitting” indicates that there can be a removal of the trustee from a
committee;
●Executive Officer Giroux stated that it is the practice of the Board to
appoint trustees to a committee. This is usually done by motion or by
ballot. The provision is barring the trustee from sitting on the current
committee and would not prohibit appointments in the future. The
trustee may also be barred from a committee not exceeding a
six-month period; and
●In response to a query from Trustee Hough, Executive Officer Giroux
stated that the Board may only encourage a resignation.
Speaking in support of the motion, Trustee Fisher stated that he shared
the views of his fellow trustees and highlighted that individuals seek public
office to further the interests of their community. Trustee Fisher
expressed the view that while this was a highly unfortunate event this was
not the first incident involving Trustee Blackburn and despite the Board’s
efforts to deal with the behaviour in a way that would prevent future
incidents, they were not successful.
Trustee Bell expressed the view that although she is a first-time trustee,
she is aware of her responsibility to behave with decorum in public and in
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private. Trustee Bell highlighted that over the course of the investigation,
staff have spent hours on this issue and have spent tens of thousands of
dollars. Trustee Bell inquired as to how strongly the clause can be worded
stating a racist act was committed and be added to the clause. Secondly,
should Trustee Blackburn choose to keep her seat, is there a clause that
can be added that if another incident occurs, a harsher sanction would be
applied? Executive Officer Giroux responded that the addition of
conditional language that moves to a stricter action cannot be added
unless there is a change in legislation. However, the Board has flexibility
about the language and can make it stronger.
An amendment moved by Trustee Bell,
THAT part A be amended to read “more specifically engaged in an act of
anti-Black racism...”
Carried
In response to a query from Trustee Schwartz regarding the severity of
sanctions permitted within the Education Act, Mr. Harnden stated he is
aware of some cases where further sanctions were imposed but they are
not in accordance with the Education Act, and therefore, he would advise
against it.
●Trustee Schwartz noted that some committees would continue to meet
over the summer and inquired if the start of the sanctions could
commence at a date later than 23 June 2020. In response Chair Scott
noted that Board, Committee of the Whole (COW) and Committee of
the Whole (COW) Budget would meet over the summer months and
suggested that the date the sanctions apply commence in September
2020;
●Executive Officer Giroux noted that the Board has the discretion to
select the dates of the six month period; and
●Speaking in support of the amendment Trustee Boothby expressed the
view that Trustee Blackburn has lost the moral authority to act as a
trustee and to move the Board's work forward, particularly regarding
the anti-racism work.
An amendment moved by Trustee Schwartz,
THAT part C be amended to read “Trustee Blackburn be barred from
sitting on the following committees of the Board for the six month period
beginning with the next scheduled meeting...”
Carried, friendly
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**** The 10:30 pm vote obtained the required ⅔ majority to continue the
meeting *****
An amendment moved by Trustee Schwartz,
THAT part F be revised to read “THAT the Board refrain from appointing
Trustee Blackburn to any representative position or role on behalf of the
Board at the next organizational meeting in December 2020”.
Executive Officer Giroux and Mr. Harnden advised that a 1 or 2 year
period may be outside of the Board's scope.
Trustee Schwartz withdrew her amendment.
An amendment moved by Trustee Schwartz,
THAT part F be revised to read “THAT the Board refrain from appointing
Trustee Blackburn to any representative position or role on behalf of the
Board for a period of six months beginning 1 December 2020”.
Carried, friendly
●Trustee Schwartz recommended that funds not be provided to Trustee
Blackburn for professional development for the duration of her term, in
response, Executive Officer Giroux and Mr. Harnden responded that
this is outside of the bounds of the Education Act;
●Trustee Schwartz noted for the record, that in her opinion, Trustee
Blackburn should not have access to public funds for professional
development for the during of duration of the imposed sanctions and
that access to OCDSB email should be revoked; and
●Trustee Boothby requested that Trustee Blackburn be removed from
her appointment on the Board of the Ottawa Student Transportation
Authority (OSTA), Mr. Harnden advised that the removal of Trustee
Blackburn from OSTA could not be included in the sanctions as OSTA
is a separate organization from the Board.
Moved by Trustee Fisher,
THAT the Board end the rules of Committee.
Carried
Trustee Schwartz assumed the Chair.
Trustee Scott stated that the sanctions are severe, but Trustee Blackburn
abused her role as trustee and failed to recognize that her actions were
wrong.
Trustee Scott resumed the Chair.
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Moved by Trustee Penny, Seconded by Trustee Schwartz,
A. THAT, in accordance with Section 4.37(a) of Policy P.073.GOV,
Board Member Code of Conduct, the Board censure Trustee
Blackburn for behavior which was disrespectful to the individuals
directly involved, disrespectful to the Black community as a whole,
and which used language which is known to be offensive and more
specifically engaged in an act of anti-Black racism; and further,
i. THAT the Board condemn the behavior of Trustee
Blackburn which is not representative of the values and
beliefs of the Board of Trustees; and
ii. THAT the Board stand with the community in strongly
recommending that Trustee Blackburn immediately offer
her resignation from the office of OCDSB Trustee, Zone
3, Barrhaven/Knoxdale-Merivale;
B. THAT, in accordance with Sections 4.37(b) and 4.39 of Policy
P.073.GOV, Board Member Code of Conduct, Trustee Blackburn be
barred from attending the Board meeting at which the Board will
consider the approval of the 2020-2021 Annual Budget;
C. THAT, in accordance with Section 4.37(c) of Policy P.073.GOV,
Board Member Code of Conduct, Trustee Blackburn be barred from
sitting on the following committees of the Board for the six month
period beginning with the next scheduled meeting of each of the
following committees: Committee of the Whole (COW), COW Budget,
Parent Involvement Committee, Audit Committee, any Advisory
Committee designated under Section 9.5(c) of the OCDSB By-Laws,
Appeals Hearing Panels, Expulsion Hearing Panels, and any Ad Hoc
Committee established by the Board; and further;
D. THAT, in accordance with Section 4.38 of Policy P.073.GOV, Board
Member Code of Conduct, the Board encourage Trustee Blackburn
to immediately undertake and complete an anti-racism program to be
recommended by the Board’s Human Rights and Equity Advisor;
E. THAT, in accordance with Section 4.38 of Policy P.073.GOV, Board
Member Code of Conduct, the Board encourage Trustee Blackburn
to immediately undertake and complete a review of the Good
Governance for School Boards, Trustee Professional Development
Program and provide a copy of the Certificate of Completion to the
Board.
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F. THAT the Board refrain from appointing Trustee Blackburn to any
representative position or role on behalf of the Board for a period of
six months beginning 1 December 2020.
Carried
A recorded vote was held and the motion was carried unanimously by
those present:
FOR: Trustees Boothby, Hough, Campbell, Jennekens, Penny, Bell,
Fisher, Schwartz, Scott, (9)
AGAINST: Nil (0)
ABSTENTION: Nil (0)
Chair Scott noted that written notice of the determination will be provided
to Trustee Blackburn and she has the right to appeal the determination of
sanctions within 14 days of receiving the notice.
Trustee Scott informed the Board that she will prepare a letter to the
Ministry of Education, informing them of the District's experience since
2016 and on research on other boards, which will be circulated to all
trustees for review. The letter will be a publicly available document.
Director Williams-Taylor shared that the calls for action sounded by the
community have been underscored by the recent attention to matters of
Anti-Black racism shared not only through the media, but also through the
voices of people in Ottawa. The trauma that has been communicated by
the community at large and the Black community in particular has been
clear and resonant. The voices of Black people are joined with Indigenous
communities, scholars, leaders and families who have already shone a
light on areas where the District’s commitments and responsibilities to
Human Rights have not been realized. There is no question that the Board
and staff together must own the challenge and drive changes that will
result in measurable differences for the District’s Black and Indigenous
students. Classroom curricular programs, content and teaching,
leadership and staff representation, discipline policies and procedures, are
some of the key areas where Black and Indigenous students have been
underserved by the status quo. While the District's work must serve to
improve the experience and outcomes for these particular student
communities, it is known that to achieve equitable outcomes for all
students the District must engage with and explore diverse voices,
experiences and perspectives. When the experiences and opportunities
for Black and Indigenous students are improved, the District will ultimately
better serve all students.
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4.3 Notice of Motion, OPSBA Policy Resolution, Trustee Scott
Moved by Trustee Scott, seconded by Trustee Lyra Evans,
THAT OPSBA advocates for improvements to Section 218 of the
Education Act and O. Reg. 246/18 to enhance school boards' ability and
authority to address unacceptable or inappropriate behaviour by board
members.
In introducing the motion, Trustee Scott advised the Board that policy
resolutions are to be presented at the Ontario Public School Board's
Association (OPSBA) annual general meeting (AGM) in the fall of
2020. She noted that the policy resolution may be well received as other
school boards from across the province have found the legislation lacking
with respect to the sanctions available to address Code of Conduct issues.
In response to a query from Trustee Campbell, Trustee Boothby noted
that over the last four years, several boards have experienced difficult
situations with trustees and have lamented the limited punitive sanctions
the legislation affords Boards.
Moved by Trustee Scott, seconded by Trustee Lyra Evans,
THAT OPSBA advocates for improvements to Section 218 of the
Education Act and O. Reg. 246/18 to enhance school boards' ability
and authority to address unacceptable or inappropriate behaviour by
board members.
Carried
A recorded vote was held and the motion was carried unanimously by
those present:
FOR: Trustees Boothby, Hough, Campbell, Jennekens, Penny, Bell,
Fisher, Schwartz, Scott, Lyra Evans, Blackburn (11)
AGAINST: Nil (0)
ABSTENTION: Nil (0)
5.Adjournment
Meeting adjourned at 11:00pm.
Lynn Scott, Chair of the Board
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