A policy change proposal aimed at excluding Rainbow District School Board trustees from in-camera discussions if “a breach of confidentiality by a trustee is likely to occur” based on “past actions” has left one trustee feeling targeted.
A draft of changes to the code of conduct entitled “potential breach of confidentiality procedure” is included in the agenda for the board's March 7 strategic planning committee meeting.
Trustees are being asked to pass a motion to bring the issue to the regular board meeting, where it could then potentially be adopted as policy.
The proposed change would allow a trustee to be excluded from in-camera discussions as a “pre-emptive measure.”
This could be done by chair of the board, in consultation with the vice-chair, at the chair's own initiative or at the request of a trustee of the board.
The ruling ejecting the trustee in question would apply only to the in camera meeting where the determination was made. The trustee who was excluded would have the opportunity to respond to the ruling at the next in camera meeting.
Larry Killens, a trustee representing the Manitoulin Island area, said he thinks this change is aimed at him.
“It is something I am going to fight with every fibre in my body, because I'm doing it for what comes after me,” he said.
“Who knows, I might be on my last legs, I don't know. I'm not the most popular person in the world, that's for sure.
“I certainly advocate for the educational stakeholders in the Rainbow District School Board area, and this is not right.”
A retired police officer, Killens said even criminals cannot be charged for what they might do. He also compares the proposal to U.S. president Donald Trump's travel ban of citizens of certain countries.
Not only does Killens often go against the grain, voting against changes the board is trying to make — including upcoming school closures — he's already been excluded from in-camera discussions in the past.
Killens said he was removed from certain in-camera discussions at the April 15, 2015 special in-camera meeting, and remained excluded from such discussions for 13 months, a situation that led him to complain to the Ontario Ombudsman.
He said he didn't receive notice of motion excluding him from the in-camera discussions, that the reasons given for the motion were unfounded and were not provided an opportunity to respond to the motion prior to the in-camera vote.
Killens' complaint resulted in the Ombudsman's Office reminding the board “to be vigilant in adhering to its obligations” under the Education Act “and its own policies and procedures.”
The Ombudsman's Office said the board's chair, Doreen Dewar, had committed to proposing code of conduct changes “that would help capture the types of concerns that led to the motion,” and they were monitoring this obligation.
When asked if he thinks the aforementioned proposed changes are the board's attempt at a response, Killens said that very well might be the case.
“It's certainly the wrong response, and I would submit that the Ombudsman would be very shaken to see that,” he said.
Sudbury.com contacted Dewar to speak to her about the proposed policy change, but she said she wouldn't discuss the issue before next week's meeting.
“It's a board agenda item,” she said. “We always try to conduct board business at the board table.”
The proposed policy change has met with criticism from some parents. David Kurtis said he's planning on filing a complaint with the Canadian Civil Liberties Association.
He said he agrees the motion is aimed at Killens, but his major concern is it might stifle dissenting opinion among all trustees.
“This is beyond the pale,” Kurtis said.
Killens has also asked the Ontario Ombudsman's office to conduct an overall investigation of the Rainbow board with regards to procedure and transparency. But the watchdog decided not to investigate further.
With ongoing complaints about the board's transparency from some parents and members of the public, Killens said he doesn't think the proposed code of conduct changes help.
“This certainly in my mind is a good example of the lack of transparency and accountability,” he said.
