Keith MacKenzie Glenda Talbot-Richards



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Board Approved: June 10, 2015 Chignecto-Central Regional School Board Board Meeting MINUTES REVISED May 13, 2015 EB Chandler Junior High, 28 Dickey Street, Amherst NS Members Present: Gordon Anderson Wendy Matheson-Withrow Kaaren Barkhouse Marilyn Murray Anne Beaver David Myles Adam Davies Margie Nicholson Vivian Farrell Andrea Paul Jim Grue Mackie Ross Keith MacKenzie Glenda Talbot-Richards Ron Marks Trudy Thompson In Attendance: Gary Clarke Debbie Buott-Matheson Valerie Gauthier Kathleen Goodman-Admin Assistant-Board Allison McGrath Bruce MacIntosh, Legal Counsel Scott Milner Stephen Amirault - Department of Education Herb Steeves Absent: Susan MacQuarrie Board Chair Trudy Thompson called the meeting to order at 7:00 pm and welcomed those in attendance. She expressed appreciation to Principal Wendy Nordby and the staff of EB Chandler Junior High for providing meeting accommodations. APPROVAL OF AGENDA: It was MOVED by David Myles, seconded by Jim Grue THAT THE AGENDA BE APPROVED AS CIRCULATED. PRESENTATION: SHOWCASE PRODUCTION SOCIETY Janice Melanson, a member of the Showcase Production Society, showed highlights from their recent theatre production Happy Days! Ms. Melanson expressed thanks to EB Chandler Junior High staff and students for their cooperation, participation, and their continued support of the Performing Arts. Discussion followed. Chair Thompson thanked Ms. Melanson for the informative presentation. 1

PRESENTATION: SCHOOL CLIMATE DATA Scott Milner, Director of Education Services, introduced Frank Lambert, Consultant, School Climate and Safety, Stephanie Isenor-Ryan, Student Services Coordinator and Sara Deveau, Data Specialist, who reviewed CCRSB s School Climate data. Items discussed included student and teacher attendance, student retentions/suspensions, student success in the Early Literacy Support initiative and gaps between high school term and examination grades. Key observations, supports in place and further actions were identified. Discussion followed. Board Member Adam Davies asked how CCRSB supports and School Climate data aligns with the new Provincial School Code of Conduct. Director Milner responded that they are very strongly aligned. The new Code of Conduct includes restorative language, and specifically refers to the restorative approach as a solution to addressing issues, but more so in creating a proper environment in the school. Board Member Ron Marks asked why there are a greater number of students retained in Grade Primary and the junior years (grades 7-9). Director Milner responded that for Grade Primary, the main factor would be school readiness. The middle grades show spikes in several areas (i.e. attendance/retention/suspensions) and the main factor would be less flexibility in student course selection via the public school program. At high school, there are more options with regards to course selection, which build on a student s strengths and attributes. The Province is currently conducting a review of the Grade 9 Public School Program. Discussion followed Board members raised several questions (for future consideration): Why is the average absence greatest in Mathematics at Work 10 and English/Communications 12? Why is the mean difference between a class mark and common high school examination increasing for Mathematics 12? What is the service level for teachers with between 16-20 days absent? With regards to the suspension data by gender, what will be the next steps? Director Milner responded that these are big questions with no simple answers, and areas of concern will be approached systematically. This data provides a baseline, and will act as a springboard to move forward. Chair Thompson thanked Mr. Lambert, Ms. Isenor-Ryan and Ms. Deveau for the informative presentation. 2

APPROVAL OF MINUTES: It was MOVED by Wendy Matheson-Withrow, seconded by Marilyn Murray THAT THE MINUTES OF THE REGULAR BOARD MEETING HELD ON APRIL 8, 2015 AND APRIL 15, 2015, BE APPROVED AS PRESENTED. BUSINESS ARISING FROM THE MINUTES: There was no business arising from the minutes. CORRESPONDENCE: There was no correspondence. COMMITTEE REPORTS: Committee-Of-The-Whole: Sharon Gauthier, Consultant, Stephanie Isenor-Ryan, Coordinator of Student Services, and Sarah Deveau, Data Specialist, reviewed CCRSB s 2011-2014 Early Development Instrument (EDI) results. Patterns and trends were identified, along with a review of Family of School comparisons for each sub-domain. Conclusions drawn from the data will inform teaching practices, professional learning plans and help to identify resource allocations to improve student learning. Ian MacLeod, Cobequid Family of Schools Supervisor, introduced Bailee Oderkirk and Mikiaya Ford, students from Cobequid Educational Centre (CEC), who provided an overview of planning for the Rally Against Racism. The Rally Against Racism pledge was read in French and Board members joined in the reading of the pledge in English. On Thursday, May 28, students from the Cobequid and Nova families of schools will participate in a walk from CEC to Victoria Park, in celebration of equality, diversity and respect for others. River Hebert District Elementary and River Hebert District High School are being consolidated into one building. At the next Regular Public Board Meeting May 13, 2015, a motion will be made to name the new consolidated school River Hebert District School. During the Month of May, CCRSB will host a series of student forums to get ideas and feedback from high school students. Elected Board members are invited to attend. The dates and locations are as follows: Cobequid Educational Centre, May 11, 2015-10:00 am - 2:00 pm Oxford Regional Education Centre, May 13, 2015-10:00 am - 2:00 pm North Nova Education Centre, May 20, 2015-10:00 am - 2:00 pm Hants East Rural High School, May 27, 2015-10:00 am - 2:00 pm 3

The Minister of Education and Early Childhood development declined the request for deferral by the CCRSB for the submission of its Long Range Outlook. In accordance with the School Review Policy, senior staff and management are working diligently to complete the document. The following schedule of meetings was provided: Special Finance Committee Meeting, May 25, 2015 from 6:30-9:30 pm. The agenda will include: o 2015/2016 budget review/discussion o Review of the Hub Model Evaluation process. Committee-of-the-Whole Meeting, June 3, 2015, starting at 7:00 pm. The agenda will include: o Hub Proposal Evaluation Committee Report by Superintendent Gary Clarke o School Review Transportation Presentation Regular Public Board Meeting, June 10, 2015, at Truro Elementary School, starting at 7:00 pm. The agenda will include: o Decision on Hub Model Proposals. It was MOVED by Keith MacKenzie, seconded by Marilyn Murray THAT THE COMMITTEE-OF-THE-WHOLE REPORT FROM THE MEETING HELD ON MAY 6, 2015, BE RECEIVED FOR INFORMATION PURPOSES. Education Services: CCRSB Protection of Property Act Guidelines Director Milner presented the final draft of the CCRSB Protection of Property Act Guidelines. These guidelines were developed to provide school administrators a common language and understanding in the application of the Act and include guiding principles, description of a progressive response to disruptive circumstances, and the provision for responding to severely disruptive behavior. The guidelines also include common templates that will be used by all schools across CCRSB to warn disruptive individuals or limit access to school premises. These guidelines were developed in consultation with Family of Schools supervisors, six high school principals and Mac, Mac and Mac. 4

CCRSB Student Forums During the month of May, CCRSB will host a series of student forms to get ideas and feedback from high school students. A total of 80 students will come together at four separate events to talk about technology at school, social justice, school climate and other matters. The Superintendent and senior management staff will be in attendance. Elected Board members are invited to attend. Two meetings have been held, with the remaining dates as outlined below: North Nova Education Centre, May 20, 2015, 10:00 a.m. to 2:00 p.m. Hants East Rural High School, May 27, 2015, 10:00 a.m. to 2:00 p.m. It was MOVED by Vivian Farrell, seconded by Mackie Ross THAT THE EDUCATION SERVICES REPORT FROM THE MEETING HELD ON MAY 4, 2015, BE RECEIVED FOR INFORMATION PURPOSES. Board Member Ron Marks asked if a copy of the Protection of Property Act CCRSB Guidelines could be distributed to Board members. Director Milner responded that a draft copy was circulated at a previous meeting and will be sent electronically to all Board members. The document will also be available on the CCRSB website in the near future. Financial Services: 2015-2016 Budget It was MOVED by Ron Marks, seconded by Anne Beaver TO REDUCE THE NOVA SCOTIA TEACHERS UNION STAFFING COMPLEMENT BY 36.1 FULL TIME EQUIVALENT S REPRESENTING A NET 19.1 ADDITIONAL REDUCTION OVER THE CALCULATED ENROLMENT DECLINE OF 17. Human Resources Services: There was no report. 5

Operational Services: Naming of River Hebert School The Operational Services Committee recommends that with the consolidation of River Hebert District Elementary and District High schools to a single Primary to Grade 12 facility, the new name will be River Hebert District School. It was moved by Adam Davies, seconded by Mackie Ross TO NAME THE NEW CONSOLIDATED SCHOOL RIVER HEBERT DISTRICT SCHOOL. It was MOVED by Adam Davies, seconded by Mackie Ross THAT THE OPERATIONAL SERVICES REPORT FROM THE MEETING HELD ON APRIL 15, 2015, BE RECEIVED FOR INFORMATION PURPOSES. SUPERINTENDENT S REPORT: Superintendent Clarke presented his May Superintendent s Report to the Board. A comprehensive account of recent events and initiatives that strengthen our learning community and provide continued support for CCRSB student success. Highlights included: May activities/celebrations: CCRSB Regional Science Fair, Excellence in Teaching Awards, Student Forums, and Techsploration (Springhill Junior-Senior High) Marathon of Respect and Equality (MORE) - Celtic Family, Rally Against Racism - Cobequid/Nova Families and Let Me Be Rally - Tatamagouche area. Budget 2015-2016 Skills Canada Competition World Literacy Champions - Walter Duggan Consolidated School Stephanie Dean-Moore - Arts Classroom - Hants East Rural High Restorative Approach Demonstrative classroom - Bonnie Moore The complete report is located on www.ccrsb.ca ( Departments, Superintendent.) BOARD CHAIR / VICE-CHAIR REPORT: Chair Trudy Thompson provided an overview of activities for the past month. Chair Thompson participated in a teleconference with the Department of Education and Early Childhood Development regarding the new Provincial School Code of Conduct, and met with the Department to receive CCRSB s budget for 2015/2016 on April 9. 6

On April 17, Chair Thompson attended a Leaders Advisory Committee meeting to discuss common budget concerns. On May 1, Chair Thompson attended the Heritage Fair held in Truro, and the enthusiasm the students showed reminded her once again why Board members continue to advocate for educational opportunities for CCRSB students. Chair Thompson attended the public transportation conference and was impressed with the dedication of CRRSB s employees and their concerns to provide a safe and efficient bus system. CCRSB received the Gold Star Award again this year. She expressed thanks to the transportation staff and bus drivers for their dedication to our students. On May 5, Chair Thompson attended the Excellence in Teaching Awards, for teachers nominated by their peers and the community, as innovators in the classroom, and to provide enhanced school experiences for students. In February, a Board Self Assessment was completed and the overall results are positive, with some areas to work on. It was noted that the assessment should be completed on a yearly basis and more professional development was requested regarding CCRSB Bylaws, Regulations and Policies. In additional, further work is needed to gather information from students, the community and stakeholders. The responses on administration, budget/finance and infrastructure displayed a high level of satisfaction. During the next few weeks, the budget will be finalized for the upcoming year, a difficult process as CCRSB tries to define the most effective supports needed to maintain a vibrant education system for all students, in light of a $2.4 million budget shortfall. COMMUNICATIONS REPORT: Debbie Buott-Matheson, Communications Manager, provided an overview of April s activities from a communication perspective. Ms. Buott-Matheson contributed to the Excellence in Teacher Awards, with regards to the award citations and the Press Release. Ms. Buott- Matheson was also involved in the Rally Against Racism, and the Student Forum set up and communications pieces. Ms. Buott-Matheson along with Jackie Fahey, Coordinator, Occupational Health and Safety, have participated in meetings with municipal, and town police officers, as well as RCMP, to discuss and create response plans in the event of a large scale incident. Great progress has been made between the Board and the police, creating better synergy and communications. The countdown is on for the Nova Scotia School Board Association Annual General Meeting and Conference (28-30 May 2015). Registration is on track, and it is anticipated that 70-100 7

delegates will attend. Two pieces of student art have been commissioned from students at Pugwash District High school, as gifts of appreciation for our keynote speakers. NSSBA REPORT: Board Member Mackie Ross, CCRSB s representative on the NSSBA s Board of Directors was pleased to announce that Board Member Gordon Anderson is the recipient of the Hector Montgomery Award (School Board Member of the Year) for 2015. DEPARTMENT OF EDUCATION AND EARLY CHILDHOOD DEVELOPMENT REGIONAL REPORT: Steven Amirault, Regional Education Office for Annapolis Valley Regional School Board, Tri- County Regional School Board and South Shore Regional School Board, thanked the Board for the invitation to tonight s meeting, and looks forward to seeing Board members at the Lieutenant Governor s Award Ceremony, May 14, 2015. There was no report NEW BUSINESS: A motion will be brought forward during the in-camera session regarding a Motion of Censure. NOTICE OF MOTION: No notices of motion were presented. PUBLIC QUESTION PERIOD: An unidentified member of the Public, asked if a Notice of Motion was required for the Hub Model Proposal decisions at the June 10, 2015 meeting. Vice-Chair Keith MacKenzie responded that the motions were previously entered in the records from the June 11, 2014, meeting at Northport Consolidated Elementary. IN-CAMERA SESSION: It was MOVED by Marilyn Murray seconded by Margie Nicholson THAT THE MEETING MOVE TO AN IN-CAMERA SESSION REGARDING A LEGAL MATTER. Note: members of the Public and Staff left the meeting. It was MOVED by Jim Grue, seconded by Adam Davies THAT THE MEETING MOVE RECONVENE IN PUBLIC SESSION. 8

It was MOVED by Keith MacKenzie, seconded by Ron Farrell THAT A FIFTEEN MINUTE EXTENSION BE GRANTED. Report from In-Camera Session Further to discussions held during in camera, It was MOVED by Wendy Matheson-Withrow, seconded by Kaaren Barkhouse THAT A MOTION OF CENSURE BE APPROVED AGAINST BOARD MEMBER SUSAN MACQUARRIE, REQUESTING THAT CCRSB FORMALLY RECOMMEND TO THE MINISTER OF EDUCATION, THAT BOARD MEMBER SUSAN MACQUARRIE S ELECTORAL SEAT BE VACATED AND FURTHER, THAT ALL APPROPRIATE STEPS BE TAKEN BY THE MINISTER TO APPOINT A REPLACEMENT TO THAT ELECTORAL SEAT AT THE EARLIEST REASONABLE OPPORTUNITY. (SEE ATTACHED DOCUMENT) Affirmative Votes: (15): Gordon Anderson, Kaaren Barkhouse, Anne Beaver, Adam Davies, Jim Grue, Keith MacKenzie, Ron Marks, Wendy Matheson-Withrow, Marilyn Murray, David Myles, Margie Nicholson, Andrea Paul, Mackie Ross, Glenda Talbot-Richards, Trudy Thompson Opposed (1): Vivian Farrell DATE OF NEXT MEETING: The regular public meeting is scheduled for June 10, 2015 and will be held at the Truro Elementary School, Truro NS, beginning at 7:00 pm. ADJOURNMENT: On the motion by Gordon Anderson the meeting was adjourned at 10:10 pm. Meeting Date: May 14, 2014 Trudy Thompson, Chair Approved: June 10, 2015 Kathleen Goodman - Admin Assistant to the Board 9

MOTION OF CENSURE AGAINST CCRSB BOARD MEMBER SUSAN MACQUARRIE WHEREAS CCRSB Board Member Susan MacQuarrie filed with the Board an Articulated Complaint of Harassment against Board Chair Trudy Thompson and Board Superintendent Gary Clarke, with allegations that included: - intentional intimidation, humiliation and bullying regarding the manner in which public and in camera sessions of the Board were conducted to her personal detriment, including allegations that the Board Chair denied her request to publicly table a letter that was found by independent investigation to contain confidential personnel matters and sensitive personal issues respecting a parent that were inappropriate for tabling at a public meeting; - that the Board Chair and Superintendent did not take her concerns seriously and were harassing, non-responsive, putting up roadblocks, didn t provide answers, brushed her aside and swept issues under the carpet, all of which allegations were determined by independent investigation to be unfounded; - harassment regarding her Facebook postings, Twitter postings and editorial opinions, specific ones of which were found by independent investigation to be unauthorized, undiplomatic, personally critical and disrespectful; - interference by the Superintendent with the normal hiring process of the Board, which the Board Chair then purportedly failed to have investigated properly, which allegations were found by independent investigation to be without any evidence; - improper monitoring and interference with the Complainant s private Board emails, which tampering allegations were also determined by an independent computer audit to be groundless. AND WHEREAS the Board directed that these serious allegations of harassment be investigated by independent legal counsel, Mr. Jack Graham, Q.C. of McInnes Cooper and reported to Board Counsel Bruce T. MacIntosh, Q.C. of Mac, Mac & Mac, who in turn would report to the Board; AND WHEREAS Jack Graham filed a detailed Investigation Report with Mac, Mac & Mac on April 21, 2015, concluding that all allegations of the Complainant Susan MacQuarrie against the Board Chair and the Board Superintendent were completely unfounded ; AND WHEREAS Investigator Jack Graham found that the Board Chair and Superintendent were consistently attempting for some time to reinforce with the Complainant supportive advice and guidance on the proper governance role of elected Board Members under the provisions of the Education Act, and that in doing so, he 1

found the Board Chair and Superintendent were more patient, responsive and respectful than most would be in similar situations ; AND WHEREAS Investigator Jack Graham concluded that the Complainant Susan MacQuarrie: - called into question the integrity of the Superintendent and Chair of the Board without any evidence in support of such very serious and groundless allegations; - chose to circumvent Board policies and procedures on many occasions; - was clearly disrespectful of decisions of the Board in a manner that would lead to significant governance dysfunction, if mirrored by other Board Members; - chose to interpret her actions as those of a private citizen rather than as an elected Board Member, in a way that would render the CCRSB Code of Ethics meaningless; - saw herself as an advocate who has license to advance issues forcefully and without regard for Board policy, procedure or generally accepted models of School Board governance; - failed to subscribe to the policy governance model adopted by CCRSB and followed by the Board Chair and Superintendent, which governance model authorizes Board Members to advocate for parental and community interests within the framework of existing Board bylaws, policies and good governance practices; - failed to act as a team player when conducting herself as a Board Member, which failures have historically led to School Boards being fired by the Minister of Education, for failure to adhere to good governance practices. AND WHEREAS the Complainant Susan MacQuarrie was forewarned in advance of the seriousness of her Harassment Complaint under the Board s Harassment Policy and was advised that such Complaint would require extensive due diligence investigation that could cost the Board $50,000 - $60,000 or more, and which in fact cost the Board approximately $70,000 plus HST by the time the investigation was completed and the Report was filed; AND WHEREAS, since receiving the Graham Investigation Report, the Complainant Susan MacQuarrie has informed the Board that she had not read and may never read the contents of the Graham Investigation Report that was instigated at her request; AND WHEREAS the Complainant Susan MacQuarrie has chosen not to communicate to the Board, the Chair or the Superintendent regarding the negative 2

outcomes of the Complaint which she instigated, and has instead criticized the investigation conducted by Jack Graham as a continuation of her harassment; AND WHEREAS the Complainant Susan MacQuarrie has alleged that the Investigation Report of Jack Graham is a continuing effort by the Board Chair and the Superintendent to silence her and censure her; AND WHEREAS the Complainant Susan MacQuarrie has failed to provide to the Board a reasonable explanation as to why the computer audit that she had requested of Investigator Jack Graham instead disclosed an unauthorized and unsuccessful attempt by her to gain proxy access to the Superintendent s email account; AND WHEREAS the Complainant Susan MacQuarrie has refused to accept any manner of responsibility for the chain of events her Complaint set in motion, such that her present day ability to respectfully and effectively function and interact with the Board Chair, Superintendent and other Board Members has been irreparably severed; AND WHEREAS the Complainant Susan MacQuarrie has expressed no confidence that the Board would hold anyone accountable for the matters under investigation; AND WHEREAS the Board s Harassment Policy contemplates accountability for an unfounded or vexatious Complaint; Therefore I move this Motion of Censure against Board Member Susan MacQuarrie, requesting that CCRSB formally recommend to the Minister of Education that Board Member Susan MacQuarrie s electoral seat be vacated, and further, that all appropriate steps be taken by the Minister to appoint a replacement to that electoral seat at the earliest reasonable opportunity. In support of this Motion of Censure, I assert that Board Member Susan MacQuarrie has violated several provisions of the CCRSB Code of Ethics, including: - pursuing an unfounded and unsubstantiated Complaint of Harassment against the Board Chair and Board Superintendent in a vexatious manner calculated to embarrass them; - failure to ensure that expenditure of Board funds held in public trust are expended efficiently, economically and in the best interests of students; - failure to show respect to other Board Members and the Superintendent; - failure to work with fellow Board and staff members in a spirit of co-operation, regardless of personal differences of opinion, including a failure to treat all with courtesy and respect; 3

- failure to show respect to other educational stakeholders, by refusing to follow Board policies, procedures and protocols for addressing and resolving concerns of educational stakeholders; - failure to recognize that the Board is responsible for policy making, planning and system evaluation, while the Superintendent is responsible for the day to day operation of the CCRSB system; - failure to encourage parents/guardians or members of the public who have raised concerns to properly utilize the CCRSB Process for Responding to Parental Question/Concern; - failure to observe the bylaws, rules of order, regulations and policies of the Board and the laws and regulations governing public education in Nova Scotia; - failure to respect and share the responsibility for all decisions of the Board; - failure to accept responsibility for the consequences of her unfounded Complaint of Harassment. All of which breaches of the CCRSB Code of Ethics are more fully described in the Investigation Report of Jack Graham, Q.C., dated April 21, 2015, and related email exchanges amongst the Complainant and the Investigator and Board Counsel. In support of this Motion of Censure, I provide the following attached supporting documentation: 1. Original email to Board Members dated January 19, 2015, requesting official harassment Complaint Form; 2. Articulated Complaint of Susan MacQuarrie; 3. CCRSB Harassment Policy HR-02 and accompanying excerpts from the Administrative Handbook; 4. CCRSB Code of Ethics; 5. Partially redacted Investigation Report of Jack Graham, Q.C. dated April 21, 2015, including the attached Computer Audit Report of discovere Consulting Inc. dated April 9, 2015; 6. March 4, 2015, 7:38 a.m. email Susan MacQuarrie to Mac, Mac & Mac re requested computer and server information; 7. March 12, 2015, 3:44 p.m. email Susan MacQuarrie to Mac, Mac & Mac re interview with Investigator Jack Graham. 4

8. March 13, 2015, 3:21 p.m. email Mac, Mac & Mac to Susan MacQuarrie re due diligence investigation; 9. March 13, 2015, 4:15 p.m. email Susan MacQuarrie to Mac, Mac & Mac re due diligence investigation ; 10. April 17, 2015, 6:50 p.m. email Susan MacQuarrie to Jack Graham re proxy access to Gary Clarke email; 11. April 20, 2015, 11:48 p.m. email Susan MacQuarrie to Mac, Mac & Mac, inquiring re accountability of Graham Investigation Report; 12. April 21, 2015, 11:14 p.m. email Susan MacQuarrie to Mac, Mac & Mac re objections to Graham Investigation Report; 13. April 21, 2015, 11:57 a.m. email Susan MacQuarrie to Mac, Mac & Mac re continuing Complaints; 14. April 21, 2015, 5:41 p.m. email Susan MacQuarrie to Mac, Mac & Mac re proxy access to Gary Clarke email; 15. April 22, 2015, 12:13 p.m. email Mac, Mac & Mac to Susan MacQuarrie re outcomes of Complaint; 16. April 26, 2015, 3:38 p.m. email Susan MacQuarrie to Mac, Mac & Mac re response to Graham Investigation Report; 17. April 26, 2015, 4:04 p.m. email Susan MacQuarrie to Mac, Mac & Mac re response to Graham Investigation Report; 18. April 27, 2015, 12:45 p.m. email Mac, Mac & Mac to Susan MacQuarrie re explanation for attempted proxy access to Gary Clarke email; 19. April 27, 2015, 2:11 p.m. email Susan MacQuarrie to Mac, Mac & Mac re explanation for proxy access to Gary Clarke email; 20. April 27, 2015, 2:46 p.m. email Susan MacQuarrie to Mac, Mac & Mac re continuing complaints against Board Chair and Board Superintendent. I SO MOVE. MOVER Wendy Matheson-Withrow SECONDER Kaaren Barkhouse 5