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January 21, 2013 - Committee of the Whole Board (Policy) Meeting
Committee of the Whole Board (Policy) Meeting
Limestone District School Board
January 21, 2013

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 Monday, January 21, 2013, at 6:00 p.m.                                 
Present Trustees:
H. Chadwick (Chair)
G. Beavis
H. Brown
E. Crawford
L. French (Vice-Chair)
A. Goodfellow
D. Jackson
P. Murray
S. Ruttan
Present Staff:
Brenda Hunter, Director of Education
Darlene Kirkpatrick, Recording Secretary
Alison McDonnell, Supervising Principal
Roger Richard, Superintendent of Business
Wayne Toms, Manager of ITS and Planning Officer
        Chair Chadwick called the meeting to order, welcoming those present to this evening’s meeting.  She reported that regrets were received from Student Trustees Milligan and Yun.

DECLARATION OF CONFLICT OF INTEREST

        No Trustee declared a conflict of interest.

BOARD AGENDA

        Chair Chadwick advised that she would bring forward a list of School Enrolment/School Capacity Committee of the Whole Board meeting dates under the Other Business section of the agenda.

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

STATUS OF POLICY REVISIONS AS OF SEPTEMBER 2012

        Trustees reviewed information outlining the status of policy revisions as at January 21, 2013.

POLICY 19 (Accessibility Standards)

        Trustees reviewed an administrative report regarding Accessibility Standards – Policy Statement.

Ms. McDonnell advised that the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) has as its goal to have an accessible Ontario by 2025.  She said that the Integrated Accessibility Standards became an Ontario Regulation in July 2011, and it addresses the following Standards:  Information and Communication, Employment and Transportation.  She advised that Section 3 of the Integrated Accessibility Standards Regulation (IASR) requires the development and implementation of policies governing how an organization will achieve accessibility through meeting requirements in this regulation.

        MOVED BY Trustee Jackson, seconded by Trustee Ruttan:

That the Policy Statement of Policy 19 (Accessibility Standards) guide the development of procedures:  Accessibility in Employment; Providing Accessible Information and Communication Services; and Provision of Accessible Student Transportation Services;

- and further  -

That Policy 19 (Accessibility Standards), as appended, be approved by the Board and included in the Limestone District School Board Policy and Procedures Manual, under the Policy section, as Policy 19.
                                                                                --Carried
                                                                                        
CITY OF KINGSTON ELECTORAL BOUNDARY CHANGES

        Director Hunter stated that the City of Kingston Electoral Boundary Changes administrative report in the agenda package is the same report that was included in the January 9, 2013 Board agenda package.   She indicated that Trustees had wanted to further discuss the City of Kingston electoral boundary changes at a future meeting, prior to the City’s public consultation date.  She said that following the January 9th Board meeting, Manager Toms had contacted the City, and had been advised that the third of four public meetings was being held tonight, and the fourth public meeting is being held on Wednesday, January 23rd.  Director Hunter stated that the timelines were tight for Trustees’ response, and therefore, this item was placed on this evening’s Committee of the Whole Board (Policy) agenda for further consideration.  She indicated that Trustees could provide input into what  the Board’s presentation to the City will be, or if a letter, under the Chair’s signature, should be forwarded to the City.

        Chair Chadwick stated that Trustees had previously discussed Manager Toms going to the public consultation meeting and speaking on behalf of the Board.  

        Manager Toms advised that at the City of Kingston Council meeting on October 16, 2012, City staff presented a report to Council outlining a Review of City of Kingston Electoral District Boundaries.   This report was the result of a Council motion passed in May 2010 that directed staff to investigate electoral district boundaries and report back to Council.

        Manager Toms reported that City Council’s plans were to review potential options, with the intention of approving a final recommendation by February or March 2013.  This would allow sufficient time for any OMB appeals to be resolved by December 31, 2013, in order to enable the revised boundaries to be used for the 2014 municipal election.

        Manager Toms stated that the three options being presented to Council will modify existing Trustee boundaries to some degree.  

        Manager Toms stated that due to the fact that Limestone DSB has five Trustees representing the 12 wards of the City of Kingston, it is challenging to create equitable population distribution amongst the five districts.  As well, the current Trustee for Districts 1 and 12 (Trustee Crawford) also represents the Township of Frontenac Islands, which is not part of the review.

        Trustee Goodfellow stated that she would like to hear the opinions of the five City Trustees.

        Trustee Jackson indicated that there was a supplementary report that included additional options beyond what was presented in the City’s first report.  He indicated that the supplementary report came out on January 17th.

Manager Toms reviewed the maps that show the existing boundaries and the proposed revised boundaries, as per the report prepared for Council super-imposed on the Limestone DSB secondary school catchment area boundaries.

Manager Toms stated that the supplementary report speaks to a change because of a request around Queen’s University and St. Lawrence College students.  He indicated that the revised report includes these student numbers, and therefore, some minor modifications were made to the boundaries.

        Manager Toms stated that based on preliminary analysis, LDSB staff would support Option #1 as its preferred option, as it has the least impact on existing boundaries.  He indicated that City staff also support Option #1, as it creates the most equitable distribution of population throughout the 12 wards of the City.  He said that the revised Option #1 may change some of the downtown boundaries because of the increased population derived from Queen’s University and St. Lawrence College students.

        Following discussion, it was decided that Trustee Chadwick , and if possible, City Trustees would attend the City’s fourth public meeting on January 23, 2013, indicating that the Board’s preference is Option #1.  She said that at that same time, she would send a letter to City Council asking them that before they make any final decisions, that they come back to us to have the consultation piece, and that we are disappointed with their outreach so far.

        Trustee Goodfellow asked that Chair Chadwick e-mail the information she is bringing forward to the City to Trustees so that they are kept informed.

POLICY 9 (BOARD OPERATIONS)

        Trustees reviewed the following suggested amendments to Policy 9 (Board Operations):

  • Add a new section 17.3.0 to read as follows:
“17.3.0       A delegation concerning agenda items has a maximum time limit of ten minutes.”

  • Add new sections 18.7.0, 18.7.1, 18.8.0, and 18.9.0 to read as follows:
“18.7.0               Meeting Conduct

        Members of the public addressing the Board, are expected to speak and act in a respectful manner at all times.  Members of the public, must not:

i)      use or display offensive words or gestures;
ii)     interrupt a member, staff member or member of the public, who is addressing the Board;
iii)    debate with a member or staff member;
iv)     make derogatory or disparaging comments to or about Board members or staff members; or
v)      disobey the Rules of Order, a ruling by the Chair, or a decision of the Board.

18.7.1  If any behavior is deemed inappropriate, the Chair may:
        
i)      ask the person in breach of the rules to stop the behavior;
ii)     ask the person to withdraw what was said;
iii)    ask the person to apologize; or
iv)     if previous attempts to call the person to order have failed, the Chair may expel the person for the balance of the Board meeting, or choose to adjourn the meeting.

18.8.0  Signs, Banners, Etc.

Signs, banners, posters, emblems, flags and other paraphernalia are prohibited in the Boardroom (or alternate location functioning as the Boardroom) except by permission of the Chair.

18.9.0  Recording Equipment

        Staff members and members of the public, including accredited and other representatives of any news media outlet, may use audio, video and photographic recording equipment, and any other devices of a mechanical, electronic, or similar nature to transcribe or record proceedings.  These devices may not be used in such a way as to obstruct the proceedings of the meeting.”

        Following discussion, Trustees agreed to delete the proposed new section 17.3.0, and add to the existing section 17.3.0, the following words at the end of the section, “and the length of presentation time” so that section 17.3.0 reads as follows:

“17.3.0       In consultation with the Chair, the Secretary shall inform the delegation as to the time during the meeting when its spokesperson(s) shall be heard, and length of presentation time.”

        Section 18.7.0 was amended to add the word “attending” after the words “Members of the public” in the second sentence so that the sentence reads “Members of the public attending, must not:...”

        Section 18.8.0 was amended to delete the word “permission” and to substitute in lieu thereof the word “invitation” so that section 18.8.0 reads as follows:

“18.8.0       Signs, Banners, Etc.

        Signs, banners, posters, emblems, flags and other paraphernalia are prohibited in the Boardroom (or alternate location functioning as the Boardroom) except by invitation of the Chair.”

        Section 18.9.0 was amended to delete the words “Staff members and members of the public, including accredited and other representatives of any news media outlet, may use audio, video and photographic recording equipment, and any other devices of a mechanical, electronic, or similar nature to transcribe or record proceedings.  These” so that section 18.9.0 reads as follows:

“18.9.0       Recording Equipment

        Recording devices may not be used in such a way as to obstruct the proceedings of a meeting.” 

        MOVED BY Trustee Ruttan, seconded by Trustee Goodfellow, that Policy 9 (Board Operations) be amended, as follows:

  • Amend section 17.3.0 to read as follows:
“17.3.0       In consultation with the Chair, the Secretary shall inform the delegation as to the time during the meeting when its spokesperson(s) shall be heard, and length of presentation time.”

  • Add new sections 18.7.0, 18.7.1, 18.8.0, and 18.9.0 to read as follows:
“18.7.0       Meeting Conduct

        Members of the public addressing the Board, are expected to speak and act in a respectful manner at all times.  Members of the public attending, must not:

i)      use or display offensive words or gestures;
ii)     interrupt a member, staff member or member of the public, who is addressing the Board;
iii)    debate with a member or staff member;
iv)     make derogatory or disparaging comments to or about Board members or staff members; or
v)      disobey the Rules of Order, a ruling by the Chair, or a decision of the
Board.

18.7.1  If any behavior is deemed inappropriate, the Chair may:
        
i)      ask the person in breach of the rules to stop the behavior;
ii)     ask the person to withdraw what was said;
iii)    ask the person to apologize; or
iv)     if previous attempts to call the person to order have failed, the Chair may expel the person for the balance of the Board meeting, or choose to adjourn the meeting.

18.8.0  Signs, Banners, Etc.

Signs, banners, posters, emblems, flags and other paraphernalia are prohibited in the Boardroom (or alternate location functioning as the Boardroom) except by invitation of the Chair.

18.9.0  Recording Equipment

        Recording devices may not be used in such a way as to obstruct the proceedings of a meeting.”


                                        - and further -

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

Policy 16 (Student Transportation)

        Superintendent Richard reviewed the following suggested amendments to Policy 16 (Student Transportation):

  • Section 5.1.0 – delete reference to “25%” and substitute in lieu thereof “20%;
  • Section 7.1.0 – amend Section 7.1.0 to read “When new bus routes are established, or become available, the new routes will be openly advertised through a competitive process in accordance with the Broader Public Sector guidelines;
  • Delete sections 7.1.1, 7.1.2 and 7.2.0; and
  • Add a new section 7.2.0 to read “The Board will follow procurement practices as outlined in the Broader Public Sector guidelines for all existing bus routes.”
Trustees agreed to the above-noted suggested amendments.

        MOVED BY Trustee French, seconded by Trustee Crawford, that Policy 16 (Student Transportation) be amended as follows:

  • Section 5.1.0 – delete reference to “25%” and substitute in lieu thereof “20%;
  • Section 7.1.0 – amend Section 7.1.0 to read “When new bus routes are established, or become available, the new routes will be openly advertised through a competitive process in accordance with the Broader Public Sector guidelines;
  • Delete sections 7.1.1, 7.1.2 and 7.2.0; and
  • Add a new section 7.2.0 to read “The Board will follow procurement practices as outlined in the Broader Public Sector guidelines for all existing bus routes.”
- and further -

        That Policy 16 (Student Transportation), as amended and appended, be approved and included in the Limestone District School Board Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                         --Carried

Trustee Representation on Special Committees

        Director Hunter provided Trustees with information regarding decision-making related to Trustee representation and participation on the Frontenac County Childcare Board (FCCC).

        Director Hunter indicated that the Board has two Trustee representatives on the Frontenac County Childcare Board.  The terms of this membership are articulated in Policy 11 (Trustee Representation), section 2.  She reported that this arrangement dates back to pre-amalgamation years, when the Frontenac County Board of Education operated daycares in several schools throughout the district.  She said that while this is no longer the case, the LDSB continues to serve as the banker board for the FCCC, and that the FCCC currently leases space from the LDSB in ten LDSB schools for traditional before and after care programs, and it leases space for daycares in two schools.

        The Director stated that with the onset of full-day kindergarten, the LDSB is now involved in offering extended day programs, using third party providers.  She said that FCCC currently operates extended day programs using shared space with full-day kindergartens in two schools, with potentially seven to eight more sites to follow.  She said that it is possible that in future years, the acquisition of these programs may be competitive amongst third party providers.  She indicated that given that FCCC is an organization that has contacts with the LDSB, it is possible that a Limestone DSB Trustee member sitting on their Board and the Board serving as banker board could be perceived as in conflict of interest, and that the LDSB procurement process could be jeopardized or perceived to be unfair.

        The Director indicated that Policy 11 (Board Representatives) should be amended to delete Section 2.0.0 Frontenac County Child Care Board.  Trustees agreed to the deletion of Section 2.0.0 of Policy 11.

        MOVED BY Trustee French, seconded by Trustee Murray:

1.      That the Board withdraw its representation from the Frontenac County Childcare Board at the earliest appropriate opportunity;

2.      That the Board withdraw its role as Banker Board from the Frontenac County Childcare Board, at the earliest appropriate opportunity; and

3.      That Policy 11 (Board Representatives) be amended to delete Section 2.0.0 Frontenac County Child Care Board, and that Policy 11 (Board Representatives), as amended and appended, be approved by the Board and included in the Limestone District School Board Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                         --Carried

        The Director indicated that Policy 11 should be further amended to delete section 5.0.0 Limestone School Council Liaison Committee (Parent Involvement Committee/PIC) as it is a statutory committee, and therefore, should be included in Policy 10 (Committees of the Board).  Chair Chadwick indicated that this matter is to be discussed at the next Committee of the Whole Board (Policy) meeting.

        In response to comments by Trustee Ruttan with regard to Trustee representation on the Joint Health and Safety Committee, the Director suggested that at the next opportunity when the composition of the Joint Health and Safety Committee is reviewed or changed, Trustee representation on the Joint Health and Safety Committee be considered for removal.   

Policy 5 (Trustee Code of Conduct) and Conflict of Commitment

        Director Hunter stated that at the August 22, 2012 Regular Board Meeting, she was asked to bring information forward about potential ethics issues that could arise related to having formal or informal responsibilities or involvements outside the Board on matters, which may come before the Board for decision-making.  She indicated that this may apply to Trustees serving on other private or public boards or committees, and include both voluntary and paid activities.  The Director indicated that at the October 3, 2012 Committee of the Whole Board (Policy) meeting, she brought forward a letter from the Board’s solicitor, along with draft language for Policy 5 (Trustee Code of Conduct), and following Trustees’ discussion, she was asked to seek further information and clarification.

        The Director reported that the Board asked for an investigation of applicable language that may be included in other district school boards’ Codes of Conduct.   She indicated that applicable policy excerpts from other boards with language related to this concept can be found in Appendix D of the report.  She said that Trustees may wish to consider adopting or adapting language for the LDSB Trustee Code of Conduct to reflect a conflict of commitment standard that exceeds the legal requirements of the Municipal Conflict of Interest Guidelines.

        The Director indicated that the Board asked for a possible checklist related to conflicts of interest and commitment, noting that Trustees may wish to include the checklist, when finalized, in their Code of Conduct.

        The Director advised that the Board asked for a possible declaration that Trustees would complete to self-identify their involvements outside of the Limestone District School Board.  She said that Trustees may consider the level of detail of submissions they may require and the extent to which the information on the declaration would be shared among Trustees and/or on the Trustee pages of the LDSB website.

        Director Hunter stated that the Board requested a comparison of the OPSBA Code of Conduct and the current LDSB Code of Conduct, to guide discussions about possible revisions to the LDSB policy.  She said that Trustees may wish to discuss whether to retain their current Code of Conduct, with or without amendments, or whether they wish to replace the current Code with the more detailed OPSBA Code.

        Following discussion, the following motion was brought forward:

MOVED BY Trustee Jackson, seconded by Murray, that the following wording, similar to the wording of the Waterloo Region DSB and the Upper Canada DSB, be incorporated into Policy 5 (Trustee Code of Conduct):

“A Trustee shall not use his or her office to advance the Trustee’s interests or the interests of any family member or person or organization with whom or with which the Trustee is related or associated.”

- and further –

That Policy 5 (Trustee Code of Conduct), as amended and appended, be approved and included in the Limestone District School Board Policy and Procedures Manual, under the appropriate section.
                                                                                                                                                                                         --Carried

        The Director was directed to bring back language regarding Declaration of Involvement to a future Committee of the Whole Board (Policy) meeting.

        The Director advised that she did a comparison of the OPSBA Code of Conduct and the current LDSB Code of Conduct.  She advised that where Trustees see information highlighted in red, is where our language is captured in LDSB policy.  She said that our language is not the same as OPSBA’s, which is more detailed.  She commented that Trustees may wish to discuss whether they may wish to have a similar document to the OPSBA document, as opposed to the LDSB document, which is more of a values-based document.

        Trustee Jackson said that he is in favour of reviewing this matter at a future Committee of the Whole Board (Policy) meeting.

        Chair Chadwick stated that Trustees need to have some conversation in providing further direction to the Director, as to whether they wish to move to a more specific type of Code of Conduct. She said that our Code of Conduct has broader statements, which are more values-based.

        Trustee Ruttan stated that if Trustees went to a document similar to OPSBA’s, then Trustees would need to be provided with an in-service on it, as it is very detailed.

        The Director stated that our Board covers everything in the OPSBA template, but through a variety of policies.

        Trustee French asked Trustees if they were satisfied with their Code of Conduct, saying that she believes there are significant differences between the two documents.  She said that she
would like to see us have something in between the two documents.  She said that there is a higher level of scrutiny than we have and what we need.  She indicated that OPSBA’s expectation was that boards review the OPSBA document and bring their policies to a comparable level of OPSBA’s document.  She said that the review will require some time, and that we are working towards a document that is more formal and structured than what we have.

        Trustee French stated that OPSBA has developed a template that aligns with legislation.  She said that it would be helpful to have more structured language than what we have.  She said that she believes we should decide if we want something more structured, and if so, then direct the Director to structure the language.  She said that the decision is up to all Trustees.  Trustee French said that she personally does not believe that our Code of Conduct is structured enough.

        The Director stated that other district school boards have adopted Codes of Conduct similar to the OPSBA template.

        Trustees agreed that this matter be discussed further at a summer workshop.

ADMINISTRATIVE PROCEDURE 510 (Travel and Business Expenses)

        Superintendent Richard advised that AP 510 (Travel and Business Expenses) has been fully revised, noting that the changes were for the most part mandated by the Broader Public Sector Expense Guidelines.

        Superintendent Richard referred to Section 1.1.0 Accountability Framework, noting that we already had it in place; however, it is now clearly delineated in procedure.  He indicated that Appendix A lists the Approval Authority Schedule and what each level of authority is, when signing off on expense claims.

        Superintendent Richard referred to Section 2.0.0 Conference and Workshops, indicating that as we have done in the past, employees are responsible for obtaining approval to attend conferences/workshops from their supervisor.  He said that now, however, employees will have to fill out an Administrative Form -- Conference Application Form and Expense Authorization for conferences requiring overnight accommodation.

        Superintendent Richard referred to Section 3.0.0 Travel Expenses, highlighting Section 3.1.1 and indicating that this section is more for staff who go to multiple sites.

        Superintendent Richard referred to Section 4.0.0 Meals, reviewing the rates for reimbursement of eligible meals.

        Superintendent Richard referred to Appendix B, Kilometrage Reimbursement Rates, noting that it has not changes, that is $0.42 per kilometre driven.

OTHER BUSINESS

School Enrolment/School Capacity Committee of the Whole Board Meeting Dates

        Superintendent Richard distributed a list of SE/SCC Committee of the Whole Board meeting dates for Kingston North and Kingston Central Accommodation reviews for Trustee deliberation.

        Superintendent Richard reported that the meeting dates are as follows, noting that some meetings may be cancelled to allow for follow-up research and/or report development, or should all meetings not be required:

Kingston North

Receipt of Senior Staff Follow-Up Report:  Thursday, February 7

Deliberation meetings:  Monday, February 11; Wednesday, February 13 (after Board Meeting); Thursday, February 14 (if Trustees have not come to a decision by then, we can take from the scheduled Central Kingston dates)

Kingston Central

Receipt of Senior Staff Follow-Up Report:  Thursday, February 28

Deliberation meetings:  Wednesday, March 13; Thursday, March 21; Monday, March 25; Thursday, April 11; Monday, April 15; Thursday, May 2

        The meetings will begin at 6:00 p.m.


COMMITTEE TO RISE AND REPORT

        MOVED BY Trustee Jackson, seconded by Trustee Murray, that the Committee of the Whole Board rise and report.–Carried

ADJOURNMENT

        MOVED BY Trustee Murray, seconded by Trustee Crawford, that the meeting adjourn at 8:30 p.m.-Carried