- The North Vancouver Board of Education
response to the recommendations
- The Ministry of Education Recommendations
Public Statement from the North Vancouver Board of Education on the Ministry of Education Recommendations
February
28, 2018
After a
public newspaper report in the North Shore News in November 2017, the Ministry
of Education was contacted to provide support for the North Vancouver Board of
Education. Dr. Lee Southern, former Executive Director of the British Columbia
School Trustees Association, was contracted by the Ministry of Education to
provide recommendations to the Minister of Education to support the governance
of the North Vancouver School District. Six recommendations were provided by
the Ministry of Education to the Superintendent of Schools on February 15, 2018
(see below). The Board of Education was provided the recommendations for their
consideration on February 20, 2018.
After
meeting and discussing as a whole, the North Vancouver Board of Education has
accepted, and will implement Recommendations #1, #3, #4, #5, #6 and Bullet 2 of
Recommendation #2. The Board will not implement Bullets 1 and 3 of
Recommendation #2 at the current time for the following reasons:
Recommendation
#2 – Bullet 1:
The
North Vancouver Board of Education appreciates the recommendation to formally review
Trustee governance roles and standards of acceptable Trustee behaviour. In this
term the Board has participated in governance workshops facilitated by the
British Columbia School Trustees Association, Eli Mina (Parliamentarian
consultant), and other experts in the field. The Board believes a further
meeting and/or presentation would not provide any new information for review.
Instead the Board believes it would be more beneficial to focus its efforts on
Bullet 2 of Recommendation #2 which is the new Handbook of Trustee governance.
Recommendation
#2 – Bullet 3:
The
North Vancouver Board of Education believes at this time it would be premature
to schedule a Trustee review meeting prior to the completion of the
implementation of the Recommendations. The Board will revisit Bullet 3 at a
later date.
The
Board continues to focus on fulfilling its fiduciary duties as outlined in the
School Act in support of Public Education in North Vancouver. We appreciate the
support and guidance that the Ministry of Education has provided and look
forward to providing an update to the Ministry at the end of April on the work
that is being completed.
Sincerely,
NORTH VANCOUVER
BOARD OF EDUCATION
Christie Sacré
Chair
Ministry of Education Recommendations
Recommendation 1
That
the Chair and Superintendent cease holding any further closed meetings
of trustees until the end of current trustee term of office (exceptions:
official in‐camera meetings as legally required).
Recommendation 2
That the Chair hold three closed board meetings (February‐June period) focussed on specific governance subjects:
(trustees
only) to clarify and re‐inforce the necessity for all trustees'
compliance with the individual trustee's governance role to represent
all members of the education community and the larger public; and to
conduct themselves according to standards of acceptable trustee
behaviour;
(trustees, superintendent and
secretary treasurer) to deliberate on the new handbook of trustee
governance conduct currently being drafted by the Superintendent;
(trustees,
superintendent and secretary treasurer) to conduct an end of term,
informal, self‐ evaluation of board governance performance.
Recommendation 3
That,
prior to holding the above recommended closed meetings, the Chair meet
with each trustee individually to re‐inforce their personal
responsibilities for improving board working relations.
Recommendation 4
That
the Chair offer Trustee A voluntary confidential mediation conducted by
an external professional mediator to resolve her harassment complaint;
and reconfirm the Chair's earlier statement to Trustee A that a written
complaint must be submitted before the Board can formally act. (If a
claim is filed and the Board determines its substance is within Board
jurisdiction, the Board has an interim formal process available – in the
attached document)
Recommendation 5
That,
if and when a trustee harassment complaint is filed, the Chair request
Trustee A and any trustee named in the complaint to take a leave of
absence from board duties until any complaint process concludes.
Recommendation 6
That,
being respectful of board autonomy and recognizing board governance
responsibilities, the Ministry communicate these recommendations to the
Chair and Superintendent with a request for a progress update by April
30, 2018 on what actions the Board decides to take on them along with
any other steps the Board may initiate to strengthen its governance
performance.
Ministry of Education Consultant Report: North Vancouver Board of Education Governance
Please
note, redactions to the report were both provided by and occurred at the
Ministry of Education. The North Vancouver School District received the
redacted report from the Ministry of Education on Tuesday, March 6th,
2018.
Submitted by Dr. Lee Southern - 2 February 2018
In
response to a Board request for support, the Ministry retained the
Consultant to inquire into "the extent to which trustees are effective
in carrying out their duties and identify any actual or potential
problems with SD44 Board of Education governance and trustee
behaviour.... provide a summary of findings...including developing
recommendations to address any problem he identifies." (Education
Ministry Contract No.: Cl8/3377).
Summary of Findings and Recommendations
* Key Finding: dysfunctional interpersonal trustee relations negatively impact the Board's performance of its governance duties.
First
Case: [redacted] bullying behaviour towards staff and elected
colleagues impairs the willingness of individual trustees to participate
fully in board deliberations particularly in closed meetings ("trustee
seminars"), over concern about personal attacks.
The
Board is attempting to address interpersonal trustee relations through
the development by the Superintendent of a new trustee handbook on
trustee governance role, duties and responsibilities, and a Chair motion
(23 January 2018-attached below) directing the Superintendent to
provide information on current BC board of education practice on
disciplining inappropriate trustee behaviour.
Recommendation 1
That
the Chair and Superintendent cease holding any further closed meetings
of trustees until the end of current trustee term of office (exceptions:
official in-camera meetings as legally required).
Recommendation 2
That the Chair hold three closed board meetings (February-June period) focussed on specific governance subjects:
+
(trustees only) to clarify and re-inforce the necessity for all
trustees' compliance with, the individual trustee's governance role to
represent all members of the education community and the larger public;
and, to conduct themselves according to standards of acceptable trustee
behaviour;
+ (trustees, superintendent and secretary
treasurer) to deliberate on the new handbook of trustee governance
conduct currently being drafted by the Superintendent);
+
(trustees, superintendent and secretary treasurer) to conduct an end of
term, informal, self evaluation of board governance performance.
Recommendation 3
That,
prior to holding the above recommended closed meetings, the Chair meet
with each trustee individually to re-inforce their personal
responsibilities for improving board working relations.
Second
Case: [redacted] publicly claiming "workplace sexual harassment and
bullying" and threatening to file formal complaint with Board
(reference: North Shore News article - 9 December 2017- attached below).
Recommendation 4
That
the Chair offer [redacted] voluntary confidential mediation conducted
by an external professional mediator to resolve her harassment
complaint; and, reconfirm the Chair's earlier statement to [redacted]
that a written complaint must be submitted before the Board can formally
act. (If a claim is filed and the Board determines its substance is
within board jurisdiction, the Board has an interim formal process
available -attached below- which has been used in the above referenced
First Case.)
Recommendation 5
That,
if and when a trustee harassment complaint is filed, the Chair request
[redacted] and any trustee named in the complaint to take a leave of
absence from board duties until any complaint process concludes.
Other Findings:
*Threat to disrupt board performance:
Any
continuing media exposure of trustee absences from meetings and
harassment claims (reference: December North Shore News articles-
attached below) threatens to have a potentially serious, negative impact
on the Board's governance performance. As well, Board legal
expenditures associated with trustee behaviour, if made public, could
also have a deleterious effect on the Board's ability to perform its
statutory functions.
Generally speaking, the
Trustees, Superintendent and Secretary Treasurer are hopeful that the
Board's working relations can be improved and each of those individuals
provided the Consultant useful information towards that objective.
The
Board has a very competent Chair and Superintendent both of whom are
respected by all trustees and the chair/superintendent working
relationship is positive and productive. This is a sine qua non element
of all high performing boards of education. As well, the collective
knowledge, skills and experience of the Board are more than adequate for
its governing successfully.
*Despite the
serious inter-personal dysfunction amongst the trustees, the Board is
fulfilling its statutory and fiduciary duties. From a governance point
of view, and for setting the stage for any further potential action from
the Ministry, this is key.
*The Chair, Superintendent,
Secretary Treasurer, and several trustees expressed the view that it
would be helpful to have the Minister's continuing interest in and
support for mitigating interpersonal trustee dysfunction.
Recommendation 6
That,
being respectful of board autonomy and recognizing board governance
responsibilities, the Ministry communicate these recommendations to the
Chair and Superintendent with a request for a progress update by 31
March 2018 on what actions the Board decides to take on them along with
any other steps the Board may initiate to strengthen its governance
performance.
Concluding observation:
If the Board can better manage its interpersonal trustee relations - a
responsibility of each individual trustee (and the key objective of
these recommendations) - its prospects of continuing to fulfil its
statutory and fiduciary functions will be improved.
Consultant main activities
Consultant Interviews
Board Chair - 2 interviews
Superintendent - 2 individual interviews plus 2 interviews held jointly with Secretary Treasurer
Secretary Treasurer – 1 interview plus 2 interviews held jointly with Superintendent
Individual interviews views with each trustee (5 in person; 1 via telephone)
Human Resource Director
Consultant board meeting attendance
Board Seminar (closed) 9 January 2018
Board public meeting 16 January 2018
Related Documents
Chair Motion (16 January 2018): Trustee conduct-new trustee handbook
Board Process for Resolution of Code of Ethics Complaints
North
Shore News articles: "North Van school trustee no-shows raise
questions" (9 December 2017); "Ministry orders probe of North Vancouver
school board" (2 February 2018)
