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October 3, 2012 - Committee of the Whole Board (Policy) Meeting
Regular Meeting
Limestone District School Board
, 2008

        A Committee of the Whole Board (Policy) meeting of the Limestone District School Board was held in the Board Room at the Limestone Education Centre, 220 Portsmouth Avenue, Kingston, on Wednesday, October 3, 2012, at 6:00 p.m.                               
Present Trustees:
H. Chadwick (Chair)
        G. Beavis
        H. Brown
        L. French (Vice-Chair)
        A. Goodfellow
        D. Jackson
        B. Milligan (Student Trustee)
        P. Murray
        S. Ruttan
Present Staff:
Brenda Hunter, Director of Education
Darlene Kirkpatrick, Recording Secretary
Andre Labrie, Superintendent of Human Resources

        Chair Chadwick called the meeting to order, welcoming those present to this evening’s meeting.  She reported that regrets were received from Trustee Crawford.

DECLARATION OF CONFLICT OF INTEREST

        Trustee Goodfellow indicated that if there is a Labour Update in Private Session, she would be declaring a conflict of interest as her son is an employee of the Board.
        
BOARD AGENDA

        Chair Chadwick advised that she would be adding a Chair’s Update to the agenda in Private Session.

        Trustee Jackson stated that he would like to refer the matter of voluntary activities after school, and what other boards are doing to a future meeting.  Chair Chadwick indicated that matter would be included as part of the Labour Update in Private Session.

        Trustee Ruttan advised that she would be bringing a motion forward with respect to conflict of interest.  Chair Chadwick indicated that the motion could be discussed as part of item 6B.

        Trustee Goodfellow requested that the Labour Update in Private Session be moved to the end of the agenda.

        MOVED BY Trustee Jackson, seconded by Trustee Goodfellow, that the agenda, as amended, be adopted.– Carried

STATUS OF POLICY REVISIONS AS OF SEPTEMBER 2012

        Trustees reviewed the list outlining the status of policy revisions as of September 2012.

        Chair Chadwick indicated that the last Committee of the Whole Board (Policy) meeting was held January 16, 2012, and that we may need to meet more frequently, if items come up.

BOARD AGENDA FORMAT – Policy 9 (Board Operations), Sections 1.3.6, 3.4.11 and 7.4.0, and Policy 10 (Committees of the Board), Section 7.0.0

        Chair Chadwick indicated that at the January 16, 2012 Committee of the Whole Board (Policy) meeting, Trustees discussed the matter of Trustees providing a report, once a year (at the meeting prior to the Committee of the Whole Board (Caucus) meeting), from the special committees (Food Sharing Project, Joint Health and Safety, Supervised Alternative Learning, Frontenac County Childcare Centre, etc.) that they sit on, so that Trustees have information about the work of the committees in order to make a more educated choice when selecting, at the Committee of the Whole Board (Caucus) meeting, the special committees that they would like to sit on.  At that meeting, Senior Staff were directed to provide a report outlining language with regard to adding reports from special committees that could be added to Policy 9.  Chair Chadwick indicated that the Director has put forward possible amendments to Policy 9 (Board Operations), as follows:

  •         Add a new section 1.3.6 so that section 1.3.6 reads as follows:
                “1.3.6        Special Committees

                Reports for special committees shall be provided to the Board annually or more frequently as needed.”; and

  •         Change the heading of section 3.4.11 so that it reads “Reports from All Committees: Standing, Statutory, Ad Hoc and Special”.
        Trustees suggested that section 1.3.6 be amended to read, “Reports for special committees shall be provided to the Board annually at the regular Board meeting in November, or more frequently, as needed.”

        Chair Chadwick indicated that Director Hunter has put forward the following possible amendment to Policy 10 (Committees of the Board):

  •         Add the following sentence to section 7.0.0, “A report on the activities of the committee shall be provided to the Board annually at the regular Board meeting in November, or more frequently, as needed.”
        Trustees agreed to the above-noted amendment to section 7.0.0 of Policy 10.

        MOVED BY Trustee Goodfellow, seconded by Trustee Jackson, that Policy 9 (Board Operations), be amended to add a new section 1.3.6 to read as follows:

        “1.3.6        Special Committees

        Reports for special committees shall be provided to the Board annually at the regular Board meeting in November, or more frequently, as needed.”;

                                                                                - and further -

        That the heading in section 3.4.11 be amended to read “Reports from All Committees: Standing, Statutory, Ad Hoc and Special”;

                                                                                - and further -

        That Policy 10 (Committees of the Board) be amended in section 7.0.0 to add the following sentence, “A report on the activities of the committee shall be provided to the Board annually at the regular Board Meeting in November, or more frequently, as needed.”

        That Policy 9 (Board Operations) and Policy 10 (Committees of the Board), as amended, be approved by the Board and included in the Limestone District School Board’s Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                 –Carried
        Trustee Jackson requested that a template be developed that outlines the key issues to be covered with regard to the reports for special committees.

        Trustee Ruttan suggested that the format for reports for special committees include: the number of times a committee meets, the nature of the topics covered at a meeting, and financial information that would impact the Board.

BOARD AGENDA FORMAT – Policy 9 (Board Operations), Section 7.2.0

        Chair Chadwick suggested that Policy 9 be amended in section 7.2.0, to delete item “x. Appointments”, as we do not record appointments in the minutes any more.

        Trustees agreed to the above-noted suggested amendment.

        MOVED BY Trustee Goodfellow, seconded by Trustee Jackson, that Policy 9 (Board Operations), be amended in section 7.2.0 to delete item “x. Appointments”;

                                                                                - and further -

        That Policy 9 (Board Operations), as amended, be approved by the Board and included in the Limestone District School Board’s Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                                 –Carried

SEAC/ESAC Procedure Regarding Committee Minutes –Policy 9 (Board Operations), Section 7.4.0 and Policy 10 (Committees of the Board), Section 3.1.2

        Chair Chadwick reported that at the January 16, 2012 Committee of the Whole Board (Policy) meeting, the matter of when ESAC and SEAC meeting minutes are brought to the Board was discussed.  She said that at that meeting, it was noted that SEAC members have no problem with their minutes coming to the LDSB Board of Trustees for receipt or adoption, prior to being vetted by them.  At the January 16, 2012 Committee of the Whole Board (Policy) meeting, Trustees indicated that the following method would be followed for ESAC meeting minutes: ESAC minutes are to be sent to the community Co-Chair and Trustee Co-Chair for vetting and reviewing; any amendments from the Co-Chairs would be made, the ESAC minutes would then be forwarded to the LDSB Board of Trustees and presented by the Trustee Co-Chair at the Board meeting for adoption; ESAC minutes then would go to the ESAC, as approved by the LDSB Board of Trustees; if ESAC members have any changes to the minutes, they would have to be dealt with under the Business Arising From the Minutes section of the agenda.

        Trustee Chadwick stated that Director Hunter has reviewed Policy 9 (Board Operations) and Policy 10 (Committees of the Board) and has made the following possible amendments:

Policy 9 (Board Operations), Section 7.4.0 – Add the following sentence to the paragraph:

“For Community Advisory Committees (ESAC and SEAC), the minutes shall be vetted by the Board and Community Committee Co-Chairs, prior to adoption by the Board.”; and

Policy 10 (Committees of the Board), Section 3.1.2 – Add a new section 3.1.2, as follows:

        “3.1.2        For Community Advisory Committees (ESAC and SEAC), the minutes shall be vetted by the Board and Community Committee Co-Chairs, prior to adoption by the Board.

        Trustees agreed to the above-noted suggested amendments.

        MOVED BY Trustee Jackson, seconded by Trustee Murray, that Policy 9 (Board Operations), Section 7.4.0 be amended to add the following sentence, “For Community Advisory Committees (ESAC and SEAC), the minutes shall be vetted by the Board and Community Co-Chairs, prior to adoption by the Board.”;

                                                                                        - and further -

        That Policy 10 (Committees of the Board) be amended to add the following new section 3.1.2, as follows:

        “3.1.2        For Community Advisory Committees (ESAC and SEAC), the minutes shall be vetted by the Board and Community Co-Chairs, prior to adoption by the Board.”

                                                                                        - and further -

        That Policy 9 (Board Operations) and Policy 10 (Committees of the Board), as amended, be approved by the Board and included in the Limestone District School Board’s Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                                 –Carried

Policy 5 (Trustee Code of Conduct), New Sections 1.11.0 and 1.12.0

        Chair Chadwick reported that at the January 16, 2012 Committee of the Whole Board (Policy) meeting, Trustees were directed to provide any feedback on the OPSBA Working Draft Code of Conduct Policy to Trustee French or to the OPSBA directly.  At that meeting, this matter was tabled, and LDSB Policy 5 was not amended.

        Trustee French requested that both Policy 5 (Trustee Code of Conduct) and the OPSBA School Board Member (Trustee) Code of Conduct be reviewed by the Director and that if there is anything missing from LDSB Policy 5, the Director highlight the information, and that Policy 5 be brought back to Trustees for review.

        This matter was tabled to the next meeting of the Committee of the Whole Board (Policy) meeting.

        Chair Chadwick reported that at the August 2012 regular meeting of the Board, the Director was asked to bring back information regarding conflict of interest.

        Director Hunter stated that she was directed to investigate the notion of conflict of interest directed around specific examples.  She reviewed the possible amendments as follows:

Policy 5 (Trustee Code of Conduct)  – add new sections 1.11.0 and 1.12.0, as follows:

        “1.11.0       declare any actions, activities or involvements that may reasonably be perceived to create a conflict of commitment that may impede a Trustee’s ability to make decisions in the best interests of the Board.

        1.12.0  refrain from statements, activities or actions that may reasonably be viewed to put the Board’s reputation at risk.”

PRIVATE SESSION

        MOVED BY Trustee Brown, seconded by Trustee French, that the Committee of the Whole Board recess to Private Session.–Carried

        Discussion was held with regard to conflicts of commitment.

PUBLIC SESSION

        MOVED BY Trustee Goodfellow, seconded by Trustee Jackson, that the Committee of the Whole Board recess to Public Session.–Carried

        MOVED BY Trustee Jackson, seconded by Trustee Goodfellow, that this matter be deferred to a future Committee of the Whole Board (Policy) meeting, when the Board has received information from the Ontario Public School Boards’ Association and other school boards, and legal counsel in terms of the use and appropriateness of the concept and wording “conflict of commitment”, and “reputation at risk”, and further, whether the Board’s legal advisor suggests a checklist be provided on these issues and what other school boards have done in terms of integrity issues.–Carried

        MOVED BY Trustee Ruttan, seconded by Trustee Murray, that recognizing that Trustees may hold community positions/roles different than their position/role of Trustee, and in an effort to avoid a real or perceived conflict of commitment, be it resolved that each Trustee annually declare their official involvement with community agencies, boards and committees.

        Trustee Jackson suggested the following friendly amendment:

        That the motion be amended to add the wording, “and that the Director of Education bring language forward to implement this through policy.”

        Trustees agreed to the above-noted friendly amendment.  Therefore, the motion was amended to read as follows:

        MOVED BY Trustee Ruttan, seconded by Trustee Murray, that recognizing that Trustees may hold community positions/roles different than their position/role of Trustee, and in an effort to avoid a real or perceived conflict of commitment, be it resolved that each Trustee annually declare their official involvement with community agencies, boards and committees, and that the Director of Education bring language forward to implement this through policy.–Carried

        Director Hunter stated that she would bring language forward at the next Committee of the Whole Board (Policy) meeting.

CPICs and Training for Trustees

        Director Hunter reviewed an administrative report with respect to CPICs and Training for Trustees.

        Director Hunter reported that all Limestone District School Board employees are required to have a CPIC completed at the time of hire, as well as complete an annual offense declaration thereafter as per AP 401 (Personnel Files and the Collection of Personal Information).  She said that similarly, school volunteers, including parents/guardians attending field trips must also have a CPIC completed every three years with an offense declaration completed in between.

        The Director advised that there are also a number of Board procedures and/or training modules that must be read and/or completed by all staff and volunteers, including:

  •         Sabrina’s Law Training
  •         Respect in the Workplace procedures
  •         Violence in the Workplace procedures
  •         Safe Schools
  •         Accessibility
        Director Hunter stated that of the above procedures, Sabrina’s Law is the only training that must be completed annually by all staff and tracked accordingly. The other procedures are completed once, including a signed declaration, and reviewed thereafter as necessary.  She advised that in addition, there are several other procedures that are reviewed annually each September with staff that pertain to Safe Schools, Field Trip, Professional Misconduct, Child in Need of Protection, and Staff Use of Tobacco, Alcohol and Other Drugs.

        The Director indicated that Trustees are not employees of the Board, but rather fulfill a governing role.  That said, all Trustee who are already expected to uphold and adhere to all Board policies, can reasonably be assumed to be equally committed to upholding the corresponding procedures that articulate the implementation of these policies.  As a result, there has been some question as to the advisability/necessity of Trustees completing a review of the designated procedures and applicable training modules.

        The Director stated that given that students are entrusted to the care of the Board and its employees, it is likely prudent that each Trustee complete a CPIC upon election, particularly as Trustees visit and attend school functions.  She said that if ever a Trustee were elected who had a criminal background as it pertains to the safety of children and/or staff, the Board will have failed in its due diligence.

        The Director advised that with respect to designated procedures/training modules, there is no inherent risk in a Trustee not familiarizing themselves with a particular procedure.  If questions arise around the application of a given procedure, staff is available to assist and support Trustees.  That said, there are two procedures that specifically apply to parents/guardians and the broader school community.  These include Respect in the Workplace, Violence in the Workplace
and their corresponding Reporting Procedures.  Bill 168 introduced employer obligations around these two procedures in 2010 and the Ministry of Labour is responsible for monitoring implementation and associated concerns.

        Director Hunter indicated that the other procedure, with which Trustee should be familiar, is Accessibility (Customer Service Standards), particularly given the Board’s obligation and commitment to accessibility and the ongoing committee work that involves members from the broader community.

        MOVED BY Trustee Ruttan, seconded by Trustee Goodfellow, that Policy 6 (Role of the Trustee) be amended to reflect Trustee commitment to:

1.      The completion of a CPIC upon election to the Board and an annual offense declaration thereafter;

2.      Participation in on-line or face-to-face training and/or commitment to familiarizing themselves with the following procedures:

  •                 Respect in the Workplace and Corresponding Reporting Procedure
  •                 Violence in the Workplace and Corresponding Reporting Procedure
  •                 Accessibility.
                                                                                                                                                                                                 –Carried

        Therefore, Policy 6 (Role of the Trustee) should be amended to add a new section 1.1.0 as follows, and the remaining sections should be re-numbered:

        “1.1.0                uphold and comply with all policies and procedures of the Board.”

        MOVED BY Trustee Beavis, seconded by Trustee French, that Policy 6 (Role of the Trustee) be amended to add a new section 1.1.0 as follows, and the remaining sections be re-numbered:

        “1.1.0        uphold and comply with all policies and procedures of the Board.” ;

                                                                                                - and further -
        

        That Policy 6 (Role of the Trustee), as amended, be approved by the Board and included in the Limestone District School Board’s Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                                 –Carried

Tip Sheet for Robert’s Rules of Order

        Chair Chadwick reported that at the January 16, 2012 Committee of the Whole Board (Policy) meeting, the Director distributed copies of a draft tip sheet for Robert’s Rules of Order.  At that meeting, Trustees decided to work with the tip sheet for a while to see if they find it useful.

        Trustee Chadwick withdrew from the Chair, and Trustee French assumed the Chair.

        Trustee Chadwick stated that she thinks the Tip Sheet is great.
        
        The Director indicated that she would review the Tip Sheet, formalize it and have it laminated and given to Trustees.  She further indicated that she would provide Trustees with an electronic copy of it.

        Trustee French withdrew from the Chair, and Trustee Chadwick resumed the Chair.

        Trustee French requested that the Tip Sheet be made available to Trustees at Board meetings.

RECESS TO PRIVATE SESSION

        MOVED BY Trustee French, seconded by Trustee Brown, that the Board recess to Private Session.–Carried

PRIVATE SESSION

Personnel Matter

        Chair Chadwick indicated that the Personnel matter was dealt with in the previous Private Session section of the meeting.

Chair’s Update

        Chair Chadwick provided a Chair’s Update.

Labour Update

        Trustee Goodfellow declared a conflict of interest as her son is an employee of the Board, and she withdrew from the meeting.

        Student Trustee Milligan withdrew from the meeting.

        Chair Chadwick shared information concerning a labour matter.

        The Director provided a labour update.

RECESS TO PUBLIC SESSION

        MOVED BY Trustee French, seconded by Trustee Brown, that the Committee of the Whole Board recess to Public Session.–Carried

NEXT MEETING DATE

        The Director is to circulate a possible date for the next Committee of the Whole Board (Policy) meeting.

COMMITTEE TO RISE AND REPORT

        MOVED BY Trustee Jackson, seconded by Trustee Beavis, that the Committee of the Whole Board rise and report to the Board and the resolutions of the Committee of the Whole Board, noted above, be resolutions of the Board.–Carried

ADJOURNMENT

        MOVED BY Trustee Murray, seconded by Trustee Ruttan, that the meeting adjourn at 8:35~p.m.-Carried