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HomeMy WebLinkAbout13.1 Receipt of COW Report, 9 May 2023 1 COMMITTEE OF THE WHOLE PUBLIC REPORT Tuesday, May 9, 2023, 6:30 p.m. Confederation Education Centre Trustees Present: Alysha Aziz, Justine Bell (electronic communication), Donna Blackburn, Donna Dickson, Lyra Evans (electronic communication), Nili Kaplan-Myrth, Jennifer Jennekens, Matthew Lee, Cathryne Milburn, Suzanne Nash, Amanda Presley, Lynn Scott, Antong Hou (Student Trustee) Staff Present: Michele Giroux (Director of Education), Brett Reynolds (Associate Director of Education), Randy Gerrior (Associate Director, Business Operations), Janice McCoy (Executive Officer), James Proulx (Executive Officer, Information Technology and Digital Transformation), Paula Hall (Superintendent of People, Culture and Leadership), Reg Lavergne (Superintendent of Instruction), Richard Sinclair (General Counsel, Superintendent of Labour Relations, Risk Management and Privacy), Brent Smith (Superintendent), Peter Symmonds (Superintendent of Learning Support Services), Andrea Rahim (Strategic Business Analyst), Stacey Kay (General Manager, Learning Support Services), Pamela LeMaistre (General Manager, Human Resources), Joan Oracheski (General Manager, Quality Assurance, Research Evaluation & Analytics Division), Sandra Owens (General Manager, Business & Learning Technologies), Diane Pernari (General Manager, Communications & Information Services), Kathleen Jubenville (Research Officer, READ), Vatansho Vatanshoev (Research Officer, READ), Nicole Guthrie (General Manager of Board Services), Michael Guilbault (Content Creator, Multimedia Technician), Marco Paladino (Training & Support Specialist), James Baker (Board/Committee Coordinator) Non-Voting Representatives Present: Lili Miller (IEC), Suzanne Lyon (PIC), Stephanie Kirkey (OSSTF), Andrew Nordman (OCEOC), Nathalie Sharma (OCEOC-ALT), Thomas Holloway (OCASC), Phil Battison (OSSTF-D25), Steve Spidell (OCSSAN) 1. Call to Order - Vice-Chair of the Board Chair Blackburn called the meeting to order at 6:32 p.m. 2 2. Acknowledgement of Territorial Lands Chair Blackburn 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 No declarations of interest were filed. 4. Approval of Agenda Moved by Trustee Scott, THAT the agenda be approved. Carried 5. Briefing from the Chair of the Board Chair Lyra Evans reported the following:  She had met with the standing committee on social policy in Toronto regarding Bill 98, Better Schools and Student Outcomes Act, where she: o raised concerns regarding the removal of autonomy of funding, developing strategic priorities, changes to the disposal of property, the implementation of design standards, the removal of boards to be innovative or collaborative, changes to curriculum in response to labour conditions; and o shared the Board's support for the apprenticeship pathways, changes to the code of conduct, and the regular curriculum review cycle. 6. Briefing from the Director Director Giroux reported the following:  She has received questions about police involvement in schools; has met with the conversations with the president of the Ottawa Police Association (OPA). She has arranged to with speaking with the Chief of Police with the Ottawa Police Services (OPS);  Registration is open for summer school programs for students in grades 6- 12 and adult learners;  On 10 May 2023, Ottawa-Carleton District School Board (OCDSB) speech language pathologists held a session to provide families with information and resources about developing children’s communication skills. The team is holding this open house due to high interest and engagement from their previous session in March 2023; 3  On 13 May 2023, the annual open trails day at the Bill Mason Outdoor Education Centre provided an opportunity to enjoy the spring weather and see the 77-acre outdoor classroom; and  In April 2023, the OCDSB welcomed 70 grade 11 students from Yokohama, Japan for an exchange program presented by the Ottawa - Carleton Education Network (OCENET). For two weeks, the students attended Cairine Wilson Secondary School, Canterbury High School, Colonel By Secondary School, and Gloucester High School. 2023 marked the third Ottawa-Yokahama exchange since the program began in 2016. Over the summer of 2023, 34 OCDSB students will head to Yokohama for the second phase of the exchange. 7. Delegations There were no delegations. 8. Matters for Action: 8.1 Report 23-036, Approval of Revisions to Policy P.073.GOV Board Member Code of Conduct (J. McCoy) Your Committee had before it Report 23-036, seeking approval of the revisions to Policy P.073.GOV Board Member Code of Conduct. Moved by Trustee Lee, THAT the proposed changes to Policy P.073.GOV Board Member Code of Conduct, attached as Appendix A to Repo rt 23-036, be approved. An amendment moved by Trustee Scott, THAT section 3.2 be amended to read “All members of the Board shall be governed equally by this code of conduct and are expected to uphold the letter and spirit of this code of conduct in their interactions with other members of the Board, with the employees of the Board, and with students, families, and members of the public, including their communications orally in person, in writing and via social media." A sub-amendment moved by Trustee Milburn, THAT "interviews, parent council updates and trustee communications", be added at the end of clause 3.4. Carried, friendly An amendment moved by Trustee Scott, THAT section 3.2 be amended to read “All members of the Board shall be governed equally by this code of conduct and are expected to uphold the letter and spirit of this code of conduct in their interactions with other members of the Board, with the employees of the Board, and with students, families, and members of the public, including their 4 communications orally in person, in writing and via social media, interviews, parent council updates and trustee communications." Carried, friendly An amendment moved by Trustee Lyra Evans, THAT section 3.10 be amended to read "Acceptable gifts include holiday gifts (e.g., fruit baskets or candy), inexpensive advertising and promotional materials (e.g., pens or key chains), and/or inexpensive awards to recognize service and accomplishment in civic, charitable, educational or religious organizations (e.g., nominal gift certificates to bookstores). Carried, friendly An amendment moved by Trustee Scott, THAT in section 3.20 the word “students” be inserted after the words “one another,”. Carried, friendly An amendment moved by Trustee Presley, THAT in section 3.20 the words “media interviews and correspondence and” be inserted before the words “via social media.” Carried, friendly An amendment moved by Trustee Scott, THAT section 3.23 be amended to read “Should conflict arise with another Board Member, be inserted before “All Board members.” Carried, friendly An amendment moved by Trustee Scott, THAT section 3.37 be amended to read “Board Members have a duty to respond to and comply with all requests of the Integrity Commissioner in a timely manner, and failure to do so is a violation of this Code of Conduct.” Carried, friendly An amendment moved by Trustee Scott, THAT section 4.1 be amended to read as “The Code of Conduct applies equally to all Board Members including the Chair of the Board, and to student trustees.” Carried, friendly An amendment moved by Trustee Milburn, 5 THAT section 4.9 be amended to read "The Integrity Commissioner will work with the Chair and Director when providing advice to Board Members, maintaining the confidentiality of Board Members, where possible." A sub-amendment moved by Trustee Aziz, THAT the words "where possible" be removed from section 4.9. Staff and Trustee Milburn clarified the intent of the proposed amendment to protect confidentiality during discussions. With the consent of the committee, Trustee Aziz withdrew her sub- amendment. An amendment moved by Trustee Milburn, THAT section 4.9 be amended to read "The Integrity Commissioner will work with the Chair and Director when providing advice to Board Members, maintaining the confidentiality of Board Members, where possible." Carried In response to a question of clarification regarding section 4.10, staff advised that the term "complaint" is fully defined as written documentation of the allegation as noted in Appendix A. An amendment moved by Trustee Scott, THAT section 4.11 be amended to add the word "All" at the beginning of the clause. Carried, friendly In response to a question of clarification regarding the distinction between the formal and informal parts of the process, staff advised that complaints are to be handled formally; however, matters could be resolved informally before being brought to the attention of the Chair. An amendment moved by Trustee Scott, THAT section 4.21 be amended to read "The Integrity Commissioner shall provide to the Chair a confidential copy of the Complaint within ten (10) days of a determination that the Complaint will be managed by the formal process following the failure of an informal process. Carried, friendly An amendment moved by Trustee Scott, THAT new section 4.22 be added to read “At the discretion of the Integrity Commissioner, all Board Members shall be informed as soon as possible of the existence of a complaint being managed through the Formal Review 6 Process if the incident that precipitated the complaint has been a topic of broad public discussion, comment and criticism.” A sub-amendment moved by Trustee Lyra Evans, THAT everything following the words "Formal Review Process" be removed. Carried, friendly An amendment moved by Trustee Scott, THAT new section 4.22 be added to read “At the discretion of the Integrity Commissioner, all Board Members shall be informed as soon as possible of the existence of a complaint being managed through the Formal Review Process.” Carried, friendly An amendment moved by Trustee Scott, THAT new section 4.34 be added to read “Board Members other than the complainant or the respondent who have, in advance of the Board's debate on the matter, published their personal determinations as to whether a breach has occurred or what sanctions should be imposed shall be asked to recuse themselves from voting on the matter.” It was noted that the review process is a quasi-legal process in which a decision could be appealed and brought before the courts for judicial review. Concerns were expressed about potential bias and its impact on a review, and whether trustees can or should exercise discretion to recuse themselves. Staff highlighted that recusal is discretionary and not mandatory. ***Following a recess at 7:21 p.m., Chair Blackburn called the meeting back to order at 7:26 p.m.*** Staff noted that nothing in law or within the Ontario Public School Board's (OPSBA) policies precludes a complainant from participating in a review while a respondent cannot. Staff recommended language to contemplate a reasonable apprehension of bias and that a recusal by a trustee is voluntary. Trustee Scott advised that she is withdrawing her proposed amendment and replacing it with the language presented by staff. With the consent of the committee, Trustee Scott withdrew her amendment. An amendment moved by Trustee Scott, 7 THAT a new section 4.34 be added to read "Where there is a reasonable apprehension of bias on the part of a board member based on prior public comments, the board member should consider recusing themselves from voting on the matter." In response to a query, staff clarified that the intent is to identify the prospect that a trustee, other than a complainant or respondent, could lead to a reasonable apprehension of bias. Staff noted that a recusal is merely a suggestion; however the issue could be raised in an appeal or judicial review. Concerns were expressed that the language cannot be enforced and may not be effective as a “toxic” person would not self-identify and that people can be vexatious. Clarification was presented that the intent of the clause is to make trustees aware of what they need to consider, and to serve as a means to protect the Board against expenses for human resources and legal fees. Concerns were expressed that the language is too broad and creates conflict regarding matters that are years old. A sub-amendment moved by Trustee Scott, THAT the words "from voting on the matter" be removed. It was suggested that people are capable of changing their minds and putting biases aside. It was suggested that the Committee give consideration to marginalized communities and the harm of imposing silence, and the impact on future trustees whose values are not aligned with the current Board. A sub-amendment moved by Trustee Scott, THAT "from voting on the matter" be removed. Carried A sub-amendment moved by Trustee Lee, THAT "on the matter" be added after the words "prior public comments." It was suggested that trustees should not be asked to be silent on a matter as it is their duty as elected officials to be upstanding citizens by calling out objectionable behaviour, doing so is to exercise freedom of speech on behalf of constituents. Staff reinforced the concept of reasonable apprehension of bias and the duty to recuse as it could become an issue on judicial review. Trustee Jennekens assumed the Chair. 8 It was suggested that there is a need to be prudent governors to protect the Board with respect to liability, risk management, and harm to its reputation. It was suggested that the issue is about governance, not about protecting the vulnerable or about hate or equity. Trustee Blackburn resumed the Chair. It was suggested that the Board needs to do its best in being unbiased until a vote on a complaint. A sub-amendment moved by Trustee Lee, THAT the words "on the matter" be added after the words "prior public comments." Carried, friendly Concerns were expressed regarding the implication that a recusal would result in one less vote and silence voices. Concerns were expressed that public confidence could be eroded if people cannot speak out on issues impacting communities. It was noted that a recusal is something to consider and would not interfere with the broader conversation. An amendment moved by Trustee Scott, THAT new section 4.34 be added to read "Where there is a reasonable apprehension of bias on the part of a board member based on prior public comments on the matter, the board member should consider recusing themselves." Carried An amendment moved by Trustee Scott, THAT section 4.35 be amended to read "Both resolutions shall be decided by a vote of at least 2/3 of the members of the Board elected or appointed who have not recused themselves and excluding the respondent.” In response to a query, staff clarified that a sanction could be issued against a trustee with less than half of the Board present and voting. Concerns were expressed about potential issues should the number of disqualified trustees become excessive. Staff made reference to the OPSBA template that requires 2/3 of the Board, or eight trustees voting and problems that could arise should more than three trustees be disqualified. 9 It was noted that a trustee is not required to provide a reason for recusal and could abstain from voting. Concerns were expressed that recusal could be abused as a means to defeat the purpose of the complaint process. Staff suggested that trustees consider what threshold they wish to have in applying sanctions and managing behaviours through the complaint process. It was noted that using a 2/3 test creates complexity. It was suggested that having a high threshold is important with respect to complaint decisions as having a small group making decisions could be inappropriate. Trustee Jennekens assumed the Chair. It was suggested that trustees should not be required to recuse themselves since due process is required on matters in which a sanction could bar a trustee from attending meetings. There is a need to set the threshold high and trustees should not feel compelled to recuse themselves. Trustee Blackburn resumed the Chair. An amendment moved by Trustee Scott, THAT section 4.35 be amended to read "Both resolutions shall be decided by a vote of at least 2/3 of the members of the Board elected or appointed who have not recused themselves and excluding the respondent.” Defeated An amendment moved by Trustee Presley, THAT section 4.56 be amended to read “In an election year, when a Code of Conduct complaint respecting a trustee who is seeking re -election is made during the period of 1 September and ending after the first Board meeting following the election, any informal or formal review shall be paused until after the first board meeting. If required, any applicable review shall resume immediately preceding the end of the first meeting. If the trustee who is the subject of the complaint is not re-elected, no review shall be undertaken.” Carried, friendly An amendment moved by Trustee Scott, THAT section 4.61 be amended to read "All Board Members shall sign the Board Member Code of Conduct Acknowledgement and Undertaking (Appendix B) upon the beginning of their term and following the approval by the Board of any revisions to the Code of Conduct during their term of office. 10 Carried, friendly Concerns were expressed regarding the enforceability of section 4.61 and the application on trustee candidates. Concerns were expressed that trustee candidates should be bound by the Code of Conduct and should be held accountable for their conduct once elected. Staff advised that greater consideration should be given to the issue before taking action and other avenues could be explored to include the Code of Conduct with the trustees candidate package. Staff recommended deferring to the integrity commissioner. It was suggested that a separate policy be considered for candidates. Concerns were expressed with respect to section 4.54 and having meetings closed to the public if it includes the security of the prop erty of the Board. It was suggested that the attendance of protestors have created safety concerns. Staff advised that the Education Act is clear with respect to what would allow a meeting to be held in camera and that personal safety concerns do not fall within what constitutes security of the property. Staff advised that any proposed amendment to a policy to include safety concerns is not within the purview of the Board and that such items should be brought to the attention of the Ministry for consultation and consideration of amending legislation. It was confirmed by staff that section 4.54 only applies to subject matter of meetings as opposed to physical circumstances. Staff reinforced that access to Board and Committee meetings must be provided to the public. Moved by Trustee Lee, THAT the proposed changes to Policy P.073.GOV Board Member Code of Conduct, attached as Appendix A to Report 23-036, be approved, as amended (Attached as Appendix A). Carried ***Following a recess at 8:43 p.m. Chair Blackburn called the meeting back to order at 8:53 p.m.*** 9. Report from Statutory and Other Committees 9.1 Parent Involvement Committee (PIC), 22 February 2023 Moved by Trustee Nash, 11 THAT the report of the the Parent Involvement Committee (PIC) dated 22 February 2023, be received. Carried 9.2 Special Education Advisory Committee (SEAC), 1 March 2023 Moved by Trustee Dickson, THAT the report of the Special Education Advisory Committee (SEAC) dated 1 March 2023, be received. Carried 9.3 Indigenous Education Council (IEC), 23 March 2023 Moved by Trustee Presley, THAT the report of the Indigenous Education Council (IEC) dated 23 March 2023, be received. Carried 9.4 Advisory Committee on Equity (ACE), 30 March 2023 Moved by Trustee Dickson, THAT the report of the Advisory Committee on Equity (ACE) dated 30 March 2023, be received. Carried 9.5 Audit Committee, 12 April 2023 Moved by Trustee Scott, That the report of the Audit Committee dated 12 April 2023, be received. Carried 10. Matters for Discussion: 10.1 Report 23-040, Draft Strategic Plan 2023-2027 (M. Giroux) Your Committee had before it Report 23-040 to provide an update regarding the Draft Strategic Plan 2023-2027. During a discussion and in response to queries, the following information was provided:  A number of initiatives and events had been undertaken to create the draft plan;  The top three priorities are learning, well-being, and social responsibility; 12  While the plan does address mental health, there is a focus on collaborating with community partners to assist students within the schools;  A suggestion was made regarding social responsibility and progress regarding reconciliation to focus on changes to practices; and  Further consultation will be conducted with advisory committees with the expectation of receiving feedback by 31 May 2023. 10.2 Report 23-030, Update on Student Achievement and Program Pathways (B. Smith) Your Committee had before it Report 23-030 to provide an update on student achievement and program pathways. During a discussion and in response to queries, the following information was provided:  The report provided a first look at the effects of de-streaming Grade 9 Mathematics;  The report demonstrates the impact of the COVID-19 pandemic;  Both Independent Learning (IL) and Program and Learning (PAL) have student success educators placed at reception centers for newcomers;  Trustees receive student achievement reports on an annual basis;  Staff advised that a roadmap and budget would be provided to trustees to assist them in determining how to best support students;  Staff advised that the Board’s focus needs to be on the work that occurs at the student's desk;  Student achievement in French programs are measured by end -of- the-year report cards and the number of students that achieve a grade of B- (75%) or higher;  It was suggested that French immersion has equity gaps that staff has not addressed;  Staff advised that a rich diversity of French programs exist and that there is great complexity in the delivery of these programs; and  Staff have observed the positive impact of grade 9 Mathematics de - streaming including the evidence of no decline in the level of achievement. 11. Information Items: 13 11.1 Report from OPSBA (if required) Trustee Scott reported:  There are a number of retirements including the Deputy Minister of Education and other Deputy Ministers, which will impact how Ontario Public School Board's (OPSBA) will communicate with the Ministry; and  The OPSBA Annual General Meeting will take place in June 2023. An information package has been distributed containing information about open positions and the nomination process. 11.2 OSTA Update (if required) Trustee Lee provided an update and, in response to queries, the following information was provided:  The Ottawa Student Transportation Authority (OSTA) has reinstated the Empty Seats program. Enrolment can be completed in schools. Availability is below pre-pandemic levels;  OSTA approved its 2023-2024 budget in April 2023. OSTA has allocated a 3.7% increase in their budget to the OCDSB;  A large portion of the OSTA budget increase has been allocated to the partnership with OC Transpo, to provided transportation to students 12 years of age and up; and  Eligibility requirements for the Empty Seats program are a part of the OCDSB policy P.127.TRA Ottawa Student Transportation Authority. 12. New Business - Information and Inquiries Trustee Jennekens assumed the Chair. Trustee Blackburn provided notice of a motion regarding the improvement of relations between the OCDSB and the Ottawa Police Service (OPS). Trustee Blackburn resumed the Chair. 13. Adjournment The meeting adjourned at 9:56 p.m. _________________________ Donna Blackburn, Acting Chair POLICY P.073.GOV TITLE:BOARD MEMBER CODE OF CONDUCT Date issued: June 1999 Last Revised: XXXXX Last Reviewed: XX XXX COMMITMENT TO INDIGENOUS RIGHTS, HUMAN RIGHTS, AND EQUITY The District recognizes its responsibility to ensure that this policy and associated procedures promote and protect Indigenous rights, human rights, and equity. The District will strive to address and eliminate racism and structural and systemic barriers for students, staff, and community. 1.0 RATIONALE To establish a standard of conduct and a mechanism for managing inappropriate conduct for Ottawa-Carleton District School Board Members in discharging their duties as the legislative officers of the Board entrusted with the duty as fiduciaries to act at all times with the utmost good faith and respect in the best interests of the organization, in compliance with Regulation 246/18 Members of School Boards - Code of Conduct, under the Education Act. 2.0 DEFINITIONS For a full list of terms used in this policy, please refer to Appendix A. 3.0 POLICY General 3.1 The Board believes that the conduct of its members is integral to the quality of work, the reputation, and the integrity of the Board of Trustees. 3.2 All members of the Board shall be governed equally by this code of conduct and are expected to uphold the letter and spirit of this Code of Conduct, including in their interactions with other members of the Board, with the employees of the Board and with members of the public.This includes oral and written communications, including via social-media. Compliance with Legislation 3.3 Board Members shall discharge their duties in accordance with the Education Act and any regulations, directives or guidelines thereunder. The following provincial and federal legislation also governs the conduct of Board Members: - 1 -P.073.GOV Appendix A to 9 May 2023 COW a)the Criminal Code of Canada; b)the Municipal Conflict of Interest Act; c)Municipal Elections Act; d)the Municipal Freedom of Information and Protection of Privacy Act; e)the Occupational Health and Safety Act; f)Ombudsman Act;and g)the Ontario Human Rights Code. 3.4 Board Members shall recognize that they are not immune from liability for illegal or negligent actions or for statements which may be considered libel or slander made in the course of a meeting or published (including publication by electronic means). Integrity and Dignity of Office 3.5 Board Members shall discharge their duties loyally,faithfully,impartially and in a manner that will inspire public confidence in the abilities and integrity of the Board. 3.6 Board Members shall recognize that the expenditure of school board funds is a public trust and endeavour to see that the funds are expended efficiently,in the best interests of the students of the entire District. 3.7 Board Members 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. 3.8 Trustees Board Members shall ensure that their comments are issue-based and not personal,demeaning or disparaging with regard to Board staff or fellow Board Members. Avoidance of Personal Advantage and Conflict of Interest 3.9 Board Members shall declare any direct,indirect,or deemed pecuniary interest in a matter before the Board in accordance with the Municipal Conflict of Interest Act and P.025.GOV Board Member Conflict of Interest. 3.10 Board Members shall not accept a gift,hospitality,or benefits from any person or entity that has dealings with the Board if a reasonable person might conclude that the gift, hospitality,or benefit could influence the member when performing their duties to the Board. a)Notwithstanding the above,in limited circumstances where it would be impolite or otherwise socially inappropriate to refuse a gift of obvious value,the gift may be accepted on behalf of the Board and reported to the Chair or Vice-Chair,but may not be taken home for the trustee’s home or personal use or enjoyment. b)Acceptable gifts include holiday gifts such as fruit baskets or candy,inexpensive advertising and promotional materials such as pens or key chains,inexpensive -2 -P.073.GOV awards to recognize service and accomplishment in civic,charitable,educational or religious organizations such as nominal gift certificates to bookstores. 3.11 Board Members shall not use the office of trustee or the resources of the District for personal gain,or to advance their interests or the interests of any family member or person or organization with whom or with which the member is associated. 3.12 Board Members shall not use their office to obtain employment with the District for themselves or a family member. 3.13 Board Members shall not allow any current employment or prospective future employment to improperly or for personal gain affect the performance of their responsibilities or duties to the Board. 3.14 Board Members shall not use their office or any benefits derived therefrom for the purpose of seeking election or reelection to office. Civil Behaviour 3.15 Board Members shall not engage in conduct that would discredit or compromise the integrity of the Board during meetings of the Board or at any other time. 3.16 Board Members shall not make allegations of misconduct and/or a breach of this Code of Conduct that are trivial,frivolous,vexatious,in bad faith,or vindictive in nature against another member of the Board. 3.17 When expressing individual views,Board members shall respect the differing points of view of other Board members,staff,students and the public. 3.18 Board members shall,at all times,act with decorum and shall be respectful of other Board members,staff,students and the public. 3.19 All Board members shall endeavour to work with other Board members,staff of the Board,community volunteers,and parents in a spirit of respect,openness,courtesy, and co-operation. 3.20 All members of the Board have a duty to treat members of the public,one another,and staff members respectfully and without abuse,bullying or intimidation,and to ensure that the work environment is free from discrimination and harassment.This provision applies to all forms of written and oral communication,including via social media. 3.21 All Board Members shall have regard for,and model,the behavioral expectations referenced in Policy P.012.GOV,Board Governance,Policy P.125.SCO,School District Code of Conduct,and Policy P.009.HR:Respectful Workplace (Harassment Prevention),and Policy P 147 GOV -Human Rights. 3.22 All members of the Board shall understand their responsibility for contributing to a respectful workplace,and make every reasonable effort to resolve issues arising as a result of friction,conflict or disagreement in a respectful and professional manner that contributes to a healthy and productive workplace. -3 -P.073.GOV 3.23 All Board Members shall make every effort to resolve conflict,should it arise,by raising their concerns directly with the other Board Member. Respect for Confidentiality 3.24 Board Members shall maintain the confidentiality of privileged information discussed in closed sessions. 3.25 Board Members shall not use/disclose confidential information for any purpose, including for personal gain or to the detriment of the Board.Where there is doubt about the confidentiality of information,members may consult with the Director of Education or a designate or seek the advice of the Integrity Commissioner. 3.26 Board Members shall not divulge confidential information,including personal information about an identifiable individual or information subject to solicitor-client privilege that a Board Member becomes aware of because of their position,except when required by law or authorized by the Board to do so. 3.27 Board Members shall ensure that any personal information collected,used or disclosed by them is done in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 3.28 A Board Member ’s duty of confidentiality with respect to private and confidential financial,business and/or commercial information,personnel information,student information,and legal matters and opinions extends beyond their term as a trustee. Inappropriate use of confidential information may constitute a criminal breach of trust contrary to section 122 of the Criminal Code of Canada. Upholding Decisions 3.29 All Board members shall accept that authority rests with the Board,and that a Trustee has no individual authority other than that delegated by the Board. 3.30 Each Trustee shall uphold and not undermine the implementation of the decisions of the Board.A proper motion for reconsideration or rescission,if permitted by the Board's By-Laws and Standing Rules,can be brought by a Trustee. 3.31 A Trustee should be able to explain the rationale for a resolution passed by the Board.A Trustee may respectfully state their position on a resolution provided it does not in any way undermine the implementation of the resolution. 3.32 Each Trustee shall comply with Board policies,procedures,and the By-Laws and Standing Rules. 3.33 The Chair of the Board is the official spokesperson of the Board to the public.No other Trustee shall speak on behalf of the Board or represent themselves as the spokesperson for the Board unless expressly authorized by the Chair of the Board. When individual Trustees Board Members express their opinions in the media,they must make it clear that they are not speaking on behalf of the Board. Reprisal and Obstruction -4 -P.073.GOV 3.34 Board Members shall cooperate with inquiries addressing complaints of a breach of this Code of Conduct. 3.35 Any reprisal or threat of reprisal against a complainant or anyone else for providing relevant information to the Integrity Commissioner is prohibited. 3.36 It is a violation of this Code of Conduct to obstruct the Integrity Commissioner in the carrying out of their responsibilities,for example,by destroying documents or erasing electronic communications. 3.37 Board Members have a duty to respond to and comply with all requests of the Integrity Commissioner and failure to do so is a violation of this Code of Conduct. 4.0 SPECIFIC DIRECTIVES Role of the Chair/Presiding Officer 4.1 The Code of Conduct applies equally to all Board Members including the Chair of the Board and student trustees. 4.2 Nothing in this Code of Conduct prevents the Chair or Presiding Officer of any meeting of the Board or committee of the Board from exercising their power pursuant to s. 207(3)of the Education Act to expel or exclude from any meeting any person who has been guilty of improper conduct at the meeting.For greater certainty,this may be done at the sole discretion of the Chair or Presiding Officer,as the case may be,and without the necessity of a complaint or conducting an inquiry before an expulsion or exclusion from a meeting.The rationale for this provision is that a Chair or Presiding Officer must have the ability to control a meeting.Any Board Member Trustee who does not abide by a reasonable expulsion or exclusion from a meeting is deemed to have breached this Code of Conduct. 4.3 Any trustee who does not abide by a reasonable expulsion or exclusion from a meeting shall be deemed to have breached this Code. 4.4 The Chair of the Board or Presiding Officer of any meeting of the Board or committee of the Board shall exercise their power in a fair and impartial manner having due regard for every trustee’s opinion or views. 4.5 The Chair of the Board or Presiding Officer shall follow the Board’s By-Laws and Standing Rules.A breach of a rule of order should be dealt with at the meeting in question by a Trustee rising to a point of order or appealing a ruling of the Chair in accordance with any applicable rule of order.Once such a motion is dealt with by the Board of Trustees,all Trustees Board Members shall abide by that decision and no further action shall be undertaken pursuant to the enforcement of the Code of Conduct, except for persistent improper use of the applicable rules of order by the Chair or Presiding Officer. 4.6 Persistent improper use of the rules of order by the Chair or Presiding Officer is deemed to be a breach of this Code of Conduct. Identifying a Breach of the Code of Conduct -5 -P.073.GOV 4.7 A Board member who has a concern that another Board Member may have engaged in conduct which represents a breach of this Code of Conduct should first consider whether there is an opportunity for resolution of the concern through direct discussion with the Board Member.The assistance and advice of the Integrity Commissioner may be requested by either Board Member. 4.8 Where a member of the Board has received written advice from the Integrity Commissioner on a particular matter,the advice is binding on the Board in any subsequent consideration of the conduct of the member in the same matter as long as the member disclosed all relevant facts to the Integrity Commissioner before the advice was provided. 4.9 The Integrity Commissioner will work with the Chair and Director when providing advice to Board Members. 4.10 A Board Member who has reasonable grounds to believe that a Board Member has breached the Board’s Code of Conduct may file a complaint with the Integrity Commissioner for review. 4.11 Complaints filed with the Integrity Commissioner must be made in writing and include: a)the name of the trustee who is alleged to have breached the Code of Conduct; b)a statement of fact about the alleged breach of the Code of Conduct; c)information as to when the breach came to the trustee’s attention; d)the grounds for the belief by the trustee that a breach of the Code of COnduct has occurred;and e)the names and contact information of any witnesses to the breach or any other persons who have relevant information regarding the alleged breach. 4.12 Any allegation of a breach of the Code of Conduct must be filed with the Integrity Commissioner no later than four weeks after the alleged breach comes to the knowledge of the complainant.Notwithstanding the foregoing,in no circumstance shall a review of a complaint be initiated after the expiration of three months from the time the contravention is alleged to have occurred. Review of Complaint 4.13 It is recognized that from time to time a Board member may engage in conduct which is inappropriate but which occurred through inadvertence,or an error of judgment made in good faith.In the spirit of collegiality and the best interests of the Board,the first purpose of alerting a trustee to such a potential breach of the policy is to assist the trustee in understanding their obligations under this policy.Whenever possible, complaints shall be managed using the Informal Review Process. 4.14 A review of the complaint shall not be conducted if the Integrity Commissioner determines that the complaint is: a)out of time; b)trivial,frivolous,vexatious; -6 -P.073.GOV c) not made in good faith; or d) there are no grounds or insufficient grounds for a review. 4.15 If a complaint of a breach of the Code of Conduct, on its face, is with respect to the non-compliance of a Board policy with a separate and more specific complaints resolution procedure, the complaint shall be processed under that procedure. 4.16 Notwithstanding 4.17, the Integrity Commissioner determines whether a complaint is managed through the Informal Review Process or the Formal Review Process. Informal Review Process 4.17 The Integrity Commissioner shall meet informally with the respondent and/or complainant, to discuss the alleged breach. The purpose of the meeting is to bring the allegation to the attention of the respondent and to discuss possible remedial measures to correct the offending behaviour. 4.18 The Informal Review Process is conducted in private. As such, the details of the complaint, the informal process, or the remedy are not reported to the Board. 4.19 As a remedy, the parties may agree to a remedial measure that is appropriate to the nature of alleged breach, for example, an apology. 4.20 If the parties cannot agree on a remedy, the Integrity Commissioner may determine that the complaint will be managed by the Formal Review Process. Formal Review Process 4.21 The Integrity Commissioner shall provide to all Board Members the Chair a confidential copy of the complaint within ten (10) days of receiving it or determining that the complaint will be managed by the formal process following the failure of an informal process. 4.22 The complaint, any response to the complaint, and the investigation of the complaint shall be confidential until it is before the Board of Trustees for a decision as to whether or not the respondent has breached this policy. 4.23 The formal review of a complaint shall be managed and/or investigated by the Integrity Commissioner or an outside consultant designated by the Integrity Commissioner. 4.24 Procedural fairness and the rules of natural justice shall govern the formal review. The formal review will be conducted in private and, to the extent possible, protecting the confidentiality of the parties involved. 4.25 The formal review may involve both written and oral statements by any witnesses, the complainant, and the respondent. 4.26 The respondent shall receive details of the allegation and have an opportunity to respond to the allegations both in a private meeting with the Integrity Commissioner and in writing. - 7 -P.073.GOV 4.27 The formal review will be conducted within 90 calendar days of the receipt of the written complaint. If a longer period of time is required to complete the inquiry, the reason for the extension will be explained in the final report to the Board. 4.28 The respondent shall provide a written response to the allegations within 10 days of receiving the written allegation, or such extended period of time as the Integrity Commissioner deems appropriate in the circumstance. 4.29 If the respondent refuses to participate in the formal review, the formal review will continue in their absence. Suspension of Formal Review 4.30 If in the conduct of the formal review, the Integrity Commissioner discovers that the subject-matter of the formal inquiry is being investigated by police, that a charge has been laid, or is being dealt with in accordance with a procedure established under another Act, the formal review shall be suspended until the police investigation, charge or matter under another Act has been finally disposed of. This shall be reported to the rest of the Board of trustees. 4.31 The final report of the Integrity Commissioner shall: a) outline the finding of facts; b) make a recommendation as to whether there has been a breach of the Code of Conduct; and c) make a recommendation regarding a sanction, if required. Decision 4.32 A decision by the Board of Trustees shall be made as soon as practical after receipt of the final report. 4.33 No trustee shall undertake their own investigation of the matter.The Board shall vote on the decision and sanction on the basis of the facts determined by the Integrity Commissioner in the final report. 4.34 The determination of a breach of the Code of Conduct and the imposition of a sanction must be done by resolution of the Board at a meeting of the Board, and the vote on the resolution shall be open to the public. The resolution and the reasons for the decision shall be recorded in the minutes of the meeting. Both resolutions shall be decided by a vote of at least 2/3 of the Trustees members of the Board elected or appointed. 4.35 Despite s. 207 (1) of the Education Act, the part of the meeting of the Board during which a breach or alleged breach of the Board's Code of Conduct is considered may be closed to the public when the breach or alleged breach involves any of the matters described in clauses 207(2) (a) to (e) being: a) the security of the property of the Board; b) the disclosure of intimate, personal or financial information in respect of a member of the Board or committee, an employee or prospective employee of the Board or a pupil or their parent or guardian; c) the acquisition or disposal of a school site; - 8 -P.073.GOV d)decisions in respect of negotiations with employees of the Board;or e)litigation affecting the Board. 4.36 The respondent: a)may be present during the deliberations; b)shall not participate in the deliberations; c)shall not be required to answer any questions at that meeting;and d)shall not vote on a resolution to determine whether or not there is a breach or the imposition of a sanction. 4.37 The complainant may vote on the resolution to determine whether or not there is a breach and/or the imposition of a sanction. 4.38 The respondent shall not,in any way,after the final report is completed,influence the vote on the decision of breach or sanction,except to appeal after the decisions have been made. Sanctions 4.39 If the Board determines that there has been no breach of the Code of Conduct or that a contravention occurred,although the trustee took all reasonable measures to prevent it, or that a contravention occurred that was trivial,or committed through inadvertence,or an error of judgment made in good faith,no sanction shall be imposed. 4.40 If the Board determines that a Board Member has breached this Code of Conduct,the Board may impose one or more of the following sanctions: a)censure of the Board Member; b)barring the Board Member from attending all or part of a meeting of the Board or a meeting of a committee of the Board;or c)barring the Board Member from sitting on one or more committees of the Board, for the period of time specified by the Board,not to exceed six months. 4.41 The Board shall not impose a sanction that is more onerous than the above but may impose one that is less onerous such as a warning and/or a requirement that the Board Member successfully complete specified professional development courses at the expense of the Board. 4.42 The Board has no power to declare the trustee’s seat vacant. 4.43 A Board Member who is barred from attending all or part of a meeting of the Board or a meeting of a committee of the Board is not entitled to receive any materials that relate to that meeting or that part of the meeting and that are not available to the members of the public. 4.44 A sanction barring a trustee from attending all or part of a meeting shall be deemed to be authorization for the trustee to be absent from the meeting,and therefore,not in violation of the Education Act regarding absences from meetings. -9 -P.073.GOV Appeal 4.45 If a Board determines that a Board Member has breached this Code of Conduct,the Board shall: a)give the Board Member written notice of the determination and of any sanction imposed by the Board; b)the notice shall inform the Board Member that they may make written submissions to the Board in respect of the determination or sanction by the date specified in the notice that is at least 14 days after the notice has been received by the Board Member;and c)consider any submissions made by the Board Member and shall confirm or revoke the determination within 14 days after the submissions are received from the Board Member. 4.46 If the Board revokes a determination,any sanction imposed by the Board is also revoked. 4.47 If the Board confirms a determination that a Board Member has breached this Code of Conduct,the Board shall,within the 14 days above,confirm,vary,or revoke the sanction(s)imposed by the Board. 4.48 If a sanction is varied or revoked,the variation or revocation shall be deemed to be effective as of the date the original determination was made by the Board. 4.49 The Board decisions to confirm or revoke a determination or confirm,vary or revoke a sanction shall be done by resolution at a meeting of the Board and the vote on the resolution shall be open to the public.Both resolutions shall be decided by a vote of at least 2/3 of the Board Members elected or appointed. 4.50 The Board shall provide to the Board Member alleged to have breached the Code of Conduct written notice of the decision to confirm or revoke the determination together with reasons for the decision and written notice of any decision to confirm,vary or revoke a sanction.The Board Member alleged to have breached the Code of Conduct shall not vote on those resolutions.The Board Member who brought the complaint may vote. 4.51 The Board Member who is alleged to have breached the Code of Conduct may be present during the deliberations regarding the above but may not participate in the deliberations and shall not be required to answer any questions at that meeting. 4.52 If appropriate,the original sanction may be stayed pending consideration of the appeal by the Board of the determination or sanction. Administrative Matters 4.53 The Board shall do the following things by resolution at a meeting of the Board,and the vote on the resolution shall be open to the public: a)Make a determination that a Board Member has breached this Code of Conduct; b)Impose a sanction on a Board Member for a breach of this Code of Conduct; c)Confirm or revoke a determination regarding a Board Member ’s breach of this Code of Conduct;and -10 -P.073.GOV d)Confirm,vary or revoke a sanction after confirming or revoking a determination regarding a Board Member ’s breach of this Code of Conduct. 4.54 The meeting may be closed to the public if the breach or alleged breach involves: a)The security of the property of the Board; b)The disclosure of intimate,personal or financial information in respect of a member of the Board or committee,an employee or prospective employee of the Board or a pupil or their parent or guardian; c)The acquisition or disposal of a school site; d)Decisions in respect of negotiations with employees of the Board;or e)Litigation affecting the Board. 4.55 A Board Member who is alleged to have breached this Code of Conduct shall not vote on any of the resolutions listed above with regard to the alleged breach(s). 4.56 In an election year,a Code of Conduct complaint respecting a trustee who is seeking re-election shall not be initiated during the period 1 September and ending after the first Board meeting following the election.If the trustee who is the subject of the complaint is not re-elected,no review shall be undertaken.The limitation period for bringing a complaint shall be extended as necessary. 4.57 The Statutory Powers Procedure Act does not apply to any of the enforcement provisions under section 218.3 of the Education Act.No formal trial-type hearing will be conducted. 4.58 Nothing in this Code of Conduct prevents a Board Member ’s breach of the Municipal Conflict of Interest Act from being dealt with in accordance with that Act. Restorative Actions 4.59 The Integrity Commissioner may recommend restorative actions following resolution of a Code of Conduct complaint.These might include Board Member access to professional development or counseling,group debriefing with a qualified leader or facilitator,a Board Member team-building exercise,or other avenues as deemed appropriate by the Board. Evaluation 4.60 This Code of Conduct shall be reviewed on or before May 15 every four years,or as necessary. Acknowledgement 4.61 All members of the Board shall sign the Board Member Code of Conduct Acknowledgement and Undertaking (Appendix B)upon being sworn into office following their election,and following the approval by the Board of any revisions to the Code of Conduct. -11 -P.073.GOV 5.0 APPENDICES Appendix A:Policy Definitions Appendix B:Board Member Code of Conduct Acknowledgement and Undertaking 6.0 REFERENCE DOCUMENTS The Education Act of Ontario and Regulations under the Education Act Municipal Elections Act Municipal Conflict of Interest Act,1996 Municipal Freedom of Information and Protection of Privacy Act,R.S.O.1990,c.M56 Ombudsman Act Ontario Human Rights Code School Board Handbook,Ontario Public School Boards'Association (OPSBA),1998 OCDSB By-laws and Standing Rules OCDSB Policy P.012.GOV:Board Governance OCDSB Policy P.025.GOV:Board Member Conflict of Interest OCDSB Policy P.125.SCO,School District Code of Conduct OCDSB P.009.HR:Respectful Workplace (Harassment Prevention) OCDSB Procedure PR.625.HR:Corporate Code of Conduct for Business Relationships -12 -P.073.GOV APPENDIX A:POLICY DEFINITIONS In this policy, Board means the Board of Trustees of the Ottawa-Carleton District School Board. Board Member means a member of the Board elected or appointed in accordance with the Municipal Elections Act and the Education Act,and includes student trustees who are elected by the Student Senate and Students’President Council to represent the interests of students on the Board. Complaint means a written allegation filed with the Integrity Commissioner that a Board member has breached this Code of Conduct. Complainant means the Board Member who files a complaint alleging that another Board Member has breached this Code of Conduct. Conflict of interest exists when the decisions and/or actions of a trustee during the course of exercising their duties are affected by or perceived by another party or person to be affected by the trustee’s personal,financial or business interest or the personal,financial or business interests of a relative,friend,and/or business associate of the trustee. District means the Ottawa-Carleton District School Board. Fiduciary duty means legal responsibility for what belongs to another,that is,trusteeship. Formal Review Process means the process whereby a written,signed complaint of an alleged breach is formally investigated and a written report has been provided to the Board for a determination. Informal Review Process means the process whereby the Integrity Commissioner meets with a trustee informally,and in private,to discuss an alleged breach and any remedial measures to correct the offending behaviour. Integrity Commissioner means the neutral,independent officer appointed by the Board who manages the informal and formal review processes contained herein. Respect means honouring oneself and others through words and actions,supporting diversity of beliefs,and treating the world and everything in it with dignity. Respondent means the Board Member who is alleged to have breached the Code of Conduct and against whom a complaint has been filed with the Integrity Commissioner. Staff Member means employees of the Ottawa-Carleton District School Board. -13 -P.073.GOV APPENDIX B:BOARD MEMBER CODE OF CONDUCT ACKNOWLEDGEMENT AND UNDERTAKING I confirm that I have read,understand and agree to abide by OCDSB Policy P.073.GOV Board Member Code of Conduct and that I understand the complaints protocol for complaints made to the Integrity Commissioner. Print Name: Signature: Date: -14 -P.073.GOV