• ​Trustee Gerlach's conduct was a conflict of interest and a breach of the duty of loyalty owed by a Trustee; 
  
  
• Trustee Gerlach failed to take reasonable steps to ensure that her obligations as a Trustee were met; and  ​
  
  
• Trustee Gerlach's conduct in this matter does not reflect the high regard that the Board has for School and District staff and her actions have had an adverse impact on the mutual respect, working relationships, and trust that Trustees are committed to maintaining under the Trustee Code of Ethics.

To address Trustee Gerlach's conduct, the Board has applied remedial sanctions.  In doing so, the Board considered that Trustee Gerlach had previously been subject to prior disciplinary sanctions under the Code of Ethics.  In addition to this public censure, the Board has removed Trustee Gerlach from leadership roles on internal committees and has implemented alternate procedures for Trustee Gerlach's access to confidential information.  These measures will be in place for the duration of Trustee Gerlach's term of office.  Trustee Gerlach was also required to and did direct a personal apology to staff impacted by her conduct through the Superintendent.  The Board is also implementing additional mandatory training for Trustee Gerlach regarding the statutory and common law obligations of trustees and additional training and coaching to facilitate Trustee Gerlach's compliance with her obligations as a Trustee.

September 7, 2021 Board decision

The second matter relates to Trustee Gerlach's conduct at the public Board meeting on May 18, 2021.  On June 22, 2021, I issued a related statement regarding this conduct on behalf of the Board. 

During an in-camera meeting on September 7, 2021, the Board determined that it was appropriate and necessary to censure Trustee Gerlach following a Trustee complaint made under the Board's Trustee Code of Ethics Policy 108.  As part of this censure, the Board expresses its unequivocal condemnation for Trustee Gerlach's conduct and a unanimous expression of support for her resignation from the Board as the only responsible means of demonstrating personal accountability for her actions. 

Once again, the Board did not make this decision lightly and it is based on the following findings: 

• In the May 18, 2021, public Board meeting, District staff gave a presentation about adaptable and flexible spaces at Argyle Secondary. In response, Trustee Gerlach made comments and drew a comparison that minimized the residential school experience of Indigenous people.  These comments were unacceptable, highly inappropriate, insensitive, inexcusable, and are not representative of the collective Board.
  
  
• Trustee Gerlach's offensive comments have caused hurt and pain to persons including members of the Skwxwú7mesh Nation and the Tsleil-Waututh Nation on whose traditional territory the District resides, as well as Indigenous students, educators, and staff who contribute so greatly to the District community.
  
  
• Trustee Gerlach's Offensive Comments undermine trust and confidence in the Board and District as a safe and welcoming space for the Host Nations and other Indigenous members of the District community. The comments are also an example of the continued legacy and impacts of residential schools. 
  
  
• It is acknowledged that Trustee Gerlach's conduct is a matter of concern for the Board in circumstances where trust and confidence in her judgement has been undermined.
  
  
• Trustee Gerlach has been subject to repeated, prior, and progressive remedial sanctions by the Board under the Trustee Code of Ethics (Policy 108) due to her conduct as a Trustee. Remedial sanctions have included the removal of various duties and privileges normally afforded to a Trustee.   Past efforts to remedy Trustee Gerlach's conduct through remedial sanctions, training, and support, have not been successful in preventing reoccurrence of conduct of concern and conduct in breach of the Trustee Code of Ethics.
  
  

• It is incumbent on Trustees to take all reasonable measures to ensure they are able to meet their obligations as a Trustee and to be accountable for their actions.​

• Trustee Gerlach's offensive comments are so disrespectful as to be evidence of unfitness for elected office and when in office, her activities as a Trustee should not be unfettered. 
  

In relation to these concerning findings, the Board concluded as follows:​

• Trustee Gerlach's conduct does not model or contribute to a positive and receptive learning and working culture within the Board and the District and does not demonstrate mutual respect or represent the District as a safe, welcoming, and inclusive space.
  
  
• Trustee Gerlach opted not to be present during the in-camera hearing and instead submitted a written statement for the Board's consideration.  In that statement she provided her position and affirmed that she considered the matter to be closed.  Trustee Gerlach's limited participation in our internal administrative procedures was inconsistent with the commitment of Trustees to act with integrity and to be accountable for their actions and decisions. 
  
  
• Trustee Gerlach failed to take reasonable steps to ensure that her obligations as a Trustee were met.
  
  
• Trustee Gerlach's conduct in promoting her advocacy interests in a manner that is in conflict with and contrary to the interests of the Board and the District community to advance reconciliation was a breach of the duty of loyalty owed by a Trustee.
  
  
• Trustee Gerlach's conduct does not reflect the high regard that the Board has for the Host Nations and Indigenous students, educators, and staff who contribute so greatly to the District community.
  
  
• Trustee Gerlach's conduct includes discrediting comments about others and unwarranted criticism.
  
  
• ​Trustee Gerlach's actions have had an adverse impact to the mutual respect, working relationships and trust that Trustees are committed to maintaining under the Code of Ethics.
  
  
• Trustee Gerlach's offensive comments are inconsistent with District values which, include trust, respect, responsibility and, collaboration. Furthermore, the comments are inconsistent with the District's goals of providing a welcoming and inclusive culture and working toward truth, healing, and reconciliation.
  
  As a result of these conclusions and to ensure Trustee Gerlach's accountability as a Trustee, the Board will address Trustee Gerlach's conduct by way of additional remedial sanctions. The following sanctions will remain in place to the end of her term of office: