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1/27/1998 - Regular Board MeetingTHAMES VALLEY DISTRICT SCHOOL BOARD FIRST REGULAR MEETING,1998 JANUARY 27 The Board meets in regular session onthe above date in the Board Room at the Education Centre,meeting in Committee ofthe Whole,in camera at 5:00 p.m.,followed by a public session at 7:00 p.m.The following are in attendance: G.HartH.Wice,Chairperson D.Stewart P.Smith C.Nurse R.Vaughan M.Metras J.Hunter P.Jaffe W.Brock R.Elm J.Bennett (-' S.Peters also: J. Laughlin P.Mennill J.McKenzie T.Anderson R.Trahan J.Malfara B.Greene J.Empringham C.Linsdell B.Bryce R.Murray B.Beatty P.Gryseels G.Treble S.Christie S.Westaway D.Varnell D.Williams P. Askey L.Peck A. Hogg 1.Jenkins T.Veenstra W.Scott SIR JOHN A.IVIACDONALD PRIMARY CHOIR The appreciation ofthe Board Is extended tothestudentsofSirJohn A.MacDqnald P.S.Primary Choir (London),conductor Linda Brackstone,accompanist Joan Weaver, for leading inthe singing of"0 CANADA"and bringing musical greetings. OFFICIAL RECORD Weregret to recordthe death of Mr.Sterling Coxon 1997 December26.Mr.Cox joined the London Board of Education staffin 1977as a teacher at Clarke Road Secondary School.Mr.Cox will be missed by all who knew and worked with him throughouthisyears withthe Board ofEducationforthe CityofLondon. We regret to record the death of Mr.James Hilderley on 1997 December 10. Mr.Hilderley commenced workwiththe OxfordCounty Board of Educationon 1972 April 10 at Huron Park Secondary School. He was appointed Head Custodian at Innerkip Central Public School on 1973 July 1 where he remained until 1997 December 10.Mr.Hilderley will be missed by all who knew and worked with him throughouthisyears withthe Oxford County Board ofEducation. 14-A.No conflicts of interest are declared. 1998 January 27...26 COMMITTEE OF THE WHOLE The Board moves into Committee ofthe Whole, In camera,at 5:00 p.m. on motionof Stewart and Hunter. The Committee rises to report. The Board resumes. 14-B.Report of the Committee of the Whole 1998 January 13 Members Administration and Others H. Wice,Chairperson J.Hunter J.Laughlin P.Mennill P.Smith J.Bennett T.Anderson R.Trahan P.Jaffe D.Stewart P.Askey R.Murray R.Vaughan S.Peters B.Bryce G.Treble C.Nurse W;Brock B.Greene D.Varnell G.Hart M.Metras P.Gryseels L.Peck R.Elm 8.Westaway J.fvlaifara C.IVlurphy A.Hogg A.White E.Nelligan Reports: 1.No conflicts of Interest were declared. 2. The Committee met inpublic session from7:00 p.m. to 9:40 p.m. 3. Trustee Smith provided an overview ofthe report ofthe Ad Hoc Committee on Interim Bylaws highlighting the sections where amendments have occurred. Following the presentation,Trustee Smith andthe Administration responded to questions of clarification. The following amendments were supported: -Bylaw 2.1 - change "5:00 p.m."to "6:00 p.m." - add to third paragraph "Out of respect for the First Nations representation on the Board, and the Rrst Nations'students,staff and community, a ceremony of burning sweetgrass and tobacco take place once a year." - Bylaw 2.5 add "with at least 48 hours notice" 1998 January 27...27 The following amendmentswere defeated: -Bylaw 2.1 delete third paragraph "All regular meetings of the Board will begin with the singing of0 Canada" -Bylaw 2.10 -add The Board shall not sitpast12 midnight unless determined by a unanimous vote." -Bylaw 6.5.2 -delete the words "Every member present ata meeting of the Board or a committee when a question is put, shall votethereon unless preventedbystatute orexcused by the Board,and" •Bylaw 6.5.2 - change "shall"to "may" (see recommendation 1) 4. 'The Administration presented a report onthe need to develop a comprehensive corporate Identity that will be recognizable by the public and wili promote the Board's core values. The intention wouldbe to organize a district-wide student contest to assist in the development of the logo with criteria developed in advance andthe opportunity for the winning applicant to work with a graphic artist,further refining and developing the logo.Thenewlogo will serveThames Valley District School Board in signalling unification tostaff,students,parents and communities. (see recommendation 2) 5. Areport was presented by the Administration regarding the development of a mission statementforThames Valley District School Board.Confirmation of core beliefs and the development of a mission statemenf for the Board is essential to decision-maldng,policy formation and will result In a unified direction to staff,students andthe community.A committee,with representation from trustees,staff,students,parents and community members,would draft the mission statement and fundamental beliefsfor presentationto the Boardfor approval. (see recommendation3) 6.The Director reported that the Administration areworl<ing onthedevelopment of a standardized format for Board reports and correspondence.A working committee has been formed,comprised ofseniorsecretariesand supervisors of Word Processing and Printing Services.Thefirst meeting ofthis committee will be 1998 January 20. Recommendations: 1.That the Interim Bylaws,as amended,be approved. 2.That a corporate Identity be developed for the Thames Valley District School Board. 1998 January 27...2B 3. That a mission statement and set of fundamental beliefs be developed for the Thames ValleyDistrictSchool Board. H.WICE, Chairperson The reportis receivedand recommendations 2 and 3 are adopted on motionofBrock and Nurse. An amendment to the Interim Bylaws,Section 2.1, first and second paragraph, changing the timeforIn camera meetings from6:00 p.m. to 5:00 p.m. is adopted on motion of Hart and Nurse. Recommendation 1 as amended (see pages 38 to 53), Is adopted on motionofBrock and Nurse. 14*C.Report of the Committee of the Whole 1998 January 27 Reports: 1.No conflicts of interest were declared. 2.The committee met in camera from 5:00 p.m. to 6:28 p.m.and from 11:15 p.m. to 11:17 p.m.and discussed confidential legal, personal, negotiable and other matters. Recommendations: 1. That the resignation to retirementforthe following secondary school teachers be accepted under the mutual consent clause,effective 1998 January 31: Mary Parks Geoffrey Shilleto 2. That the resignation for the following secondary school teachers be accepted under the mutual consent clause,effective 1998 January 30: Hendrik Van Harten Pam Bovey John Rosenberger P.SMITH Chairperson The report is received and the recommendations are adopted on motionofSmith and Jaffe. 1998 January 27...29 CONFIRMATION OF MINUTES 15-A.The minutes ofthe Inaugural Board meeting,1998 January 06, are approved on motion of Vaughan and Hart. 15-B The minutes of the Board meeting,1998 January 13,are approved on motion of Jaffe and Peters. REPORTS FROM THE ADMINISTRATION Director's Branch 16-A DirectorJohnLaughlinannouncesthattheThames ValleyDistrictAllianceof Home and School Councils has been established as a central link between the Thames Valley District School Board and the network of Home and School Associations in Elgin, London, Oxford and Middlesex.Beth Papais (Oxford)and Brian Peat (Oxford),Co-Chairs of the Alliance are introduced and welcomed. S.Westaway,Superintendent of Program Services provides clarification regarding the anti-violence program to be piloted at three family of schools this year.Based on a six-year Middlesex County Board program itis being expanded with costs being funded from several organizations,including the London Community Foundation,United Way, Ministry of Education and Training and individual donors. The Director provides a comprehensive overhead presentation entitled "Building Bridges"which covers seven areas:Building^Bridges,Leaders Who Care and Make a Difference,Principles of Effective Organizations,Who We Are,Where We Are,Where Do We Want to Go?and How WillWe Know ifWe Get There?We have started the process of building a bridge from our four forming partners to the new entity, the Thames Valley District School Board,and we are looking to establish a board that recognizes the beauty and uniqueness of our different cultures.The importance of trust, valuing people fortheir contributions,flexibility,creativity,fairness and credible,timely communications is emphasized. The Administration responds to questions by trustees. The report is received on motion of Vaughan and Brock. 1998 January 27...30 Business Services 17-A.Tliat the following 1998 Interim Budget Measures be received for information. ITEIVI Permanent positions Non- permanent (casual) salaries Overtime Supplies and Sen/ices Furniture and Equipment Staff Development SCHOOL BASED Staffingas per collective agreements Othervacant positions reviewed and only filled on approval by Director's Council 40% of 1997 approved budget or as per collective agreernents 40%of 1997 approved budget 40%of 1997 approved budget Central (London) including System Staff Development 1997/98 school year allocation less Sept -Dec 1997 expenditures SouthAVest/East (Elgin/Middlesex/Oxford) -As per current contractual agreements COMMUNITY EDUCATION CENTRES AND DEPARTMENTS • 40% of 1997 approved budget • Vacant positions reviewed and only filledon approval by Director's Council No allocation Accessible for situations only with Department Superintendent's approval No allocation Accessible for situations only with Department Superintendent's approval 40%of 1997 approved budget No allocation until plan developed,prioritized and approved Emergencies as approved by Department Superintendent 40% of 1997 approved budget 1998 January 27...31 r ' Capital from —• Subject to allocation of Facility Current Renewal Program funding •Expenditure plan to be . developed,prioritized and approved Regular —• 40% of 1997 approved budget Maintenance •Emergency repairs and preventative maintenance only -• Building improvements/changes pian to be developed,prioritized and approved The report Is received on motion of Bennett and Jaffe. Human Resources 18-A.Interim Promotional Practices:Selection Procedures and Appointments of Principals and Vice-Principals In anticipation of principals and vice-principals being excluded from the bargaining unit effective 1998 January 01 under the terms of Bill 160, a number of supervisory officers met in December 1997,to draft an Interim Promotional Practices document that would meet our school administrator staffing needs this spring. During the first week of January,this draft document-was provided to representatives of the PrinclpaiA/ice-Principal Associations,local executive members of FWTAO/OPSTF,and local executive members of OSSTF,and their input was solicited.Their suggestions were presented to Supervisory Officers'Councii on 1998 January 12. As a result of discussions at this meeting,a number of constructive changes were included in the draft document.This was shared with all principals and vice-principals on 1998 January 15-16.Based on their comments.Supervisory Officers' Council fine- tuned the document on 1998 January 19. It is anticipated that the interim procedures will be reviewed within the next twelve to eighteen months and a more permanent Promotional Practices document will be developed at that time. 1998 January 27...32 When the government delayed implementing thosesectionsofBill 160which pertain to principals and vice-principals until 1998April 01,iteffectively meant that existing collective agreement provisions and practices which pertain to the selectionprocess for principals and vice-principals remain ineffect until 1998 March31 unless the federations agree to amend them. Requests for such agreement have been made ofeach local federation president butno written response has yetbeen received.Regardless,it is essential thata processbe well established and understood throughout the systemforimplementation nolaterthan 1998April 01.Unless agreementIs reached on amendments to respective collective agreements,existing provisions will applyto any vacanciesthat occur during thisthree month period. Recommendations:. 1. That the administration proceed to implement,when feasible, an Interim Promotional Practicesprocedurefortheselectionandappointmentof principals and vice principals. 2.That two Board members be included on the Interview Committee and that final approval forthe inclusion of Individuals inthe pool ofapprovedcandidates rest with the Board. The report is received andthe recommendations areadoptedon motion of Brock and Stewart. An amendmentbyVaughanandMetrastoaddthesentence,"In accordance with past practice,systemic,sexism and racism,will have no bearing on appointments"to Section5.0-Appointments,inthe Interim Promotional Practices,Is defeated. A motion by Vaughan and Metras that the report be referred to School Councils is defeated. 18-B.Proposed Process for Handling Approval of Appointments/ Resignations/Retirements of Teaching Staff Traditionally smaller Boards have dealt with allappointments, resignations, retirementsofteaching staffbymotionat theirregular meetings. Dueto the volume of names that need to be processed,larger Boards have generally delegated the responsibility for handling all the above to the appropriate Superintendent except for school year "mutual consent"resignations, appointments of "permanent"teachers, and PrincipalA/ice-Principal appointments. 1998 January 27...33 There is a need to Implement a uniform procedure,being mindfui of any relevant coilectlve agreement provisions, for handling appointments,PAR appointments,resignations and retirements of teaching staff for each CEC during the transition period and ultimately for the Thames Valley District School Board once the Human Resource Services department Is centralized and new collective agreements finalized. Bill 160 ultimately eliminates the statutory form of probationary and permanent contracts but some mechanism will stillbe required to address the above issue. Recommendation: 1. That effective 1998 January 28, a uniform process for handling approval of appointments/resignations/retirements ofteaching staff,be implemented. The report is received and the recommendation is adopted on motion of Jaffe and Smith. MOTIONS •NOTICE OF WHtCH HAS BEEN GIVEN ig-A.None at this time. REPORTS OF COMMITTEES 20-A.Report of the first meeting of the Ad Hoc Committee cn-Code of Conduct 1998 January 20 7:00 p.m.- 9:10 p.m. Members Administration and Others P. Smith,Chairperson S.Peters T.Anderson J.Bennett R.Vaughan D.Williams R. Elm H. Wice A. Hogg C.Nurse 1998 January 27...34 Reports: 1.No conflicts of Interest were declared. 2.The following Committee Mandate was confirmed: "The purpose and intent of the Code of Conduct for Trustees is to establish standards forethicaland interpersonal conduct for trustees of the boardand fortrustees appointedbythe boardtovariousadvisory,ad hocorspecial purpose committeesinthe performance ofBoard business and the duties of elected office." 3. The Committee agreed the code should ensure that; -trustees will abide by the policies and procedures established for the Board -decision-making is open,accessible and equitable -decisions are made through appropriate channels of structure - public office is not used for personal gain -constituents have confidence inthe integrityofthe Board -members hold officefor the benefit of the public and their conduct is of the highest standard - there isa fairness and respect fordifferences and a dutytowork together forgoodwilland common good - the code should complement existinglegislation,bylawsand declarations of office - the expectations withregard to ethical conduct onconflictsof interest are reflected in the code as well as the bylaws - the confidential nature of in camera sessions is respected and upheld -there is an appropriate process to provide logical consequences of non- compliance with the code - the code should be reviewed by legal counsel. 4.Sample copies of various Codes of Conduct have been obtained to assist the Committee. 5.The various issues to be Included In the Code of Conduct were discussed.It was agreed to form a writingteam, comprising P. Smith, C. Nurse, T.Anderson and A.Hogg,to prepare a draftdocument forconsideration at the next Committee meeting. A 1998 January 27...35 6. D.Williams,the Board's solicitor,agreed toinvestigatethe feasibility of including inthe Code of Conductor as a Bylaw,a listof consequences following any breach ofconfidentiality. 7. The next meeting is scheduled for 1998 February 03 at 7:00 p.m. P.SMITH Chairperson The report is received on motion ofSmith and Vaughan. A motion to sit past 11:00 p.m.Is adopted. ADDITIONAL BUSINESS 21>A.Received from Canadian Education Association -requesting to renew membership inthe Canadian Education Association Information Service for 1998 at a membership fee of $6 910.24,based on 88 378 students at $ .08 per student. The membership is renewed in the CEA Information Sen/ice for 1998 at a fee of $6 910.24 on motion of Smith and Brock. 21-B.Received 1997 November 17fromOntarioPublicSchool B,oards'Association -requesting to renew membership in the Ontario Public School Boards' Association for 1998 at a membership fee of $120 523.00 +$8 438.61 G.S.T. (same as 1997 membership fee). The membership is renewed in OPSBA for a fee equivalent to the stub year costs,on motion of Hart and Nurse. 1998 January 27...36 COMMUNICATION 22-A.Received 1997 December 08 dated 1997 December 03 from Demra.Walker, Director,Elgin CountyBoardofEducationadvisingthatat itsregularmeeting held 1997 December 02 the Elgin CountyBoardofEducationapproved the following resolution: "Resolvedthatthe Boardapproves the following recommendation fromthe Environmental Committee meeting of November 17,1997: "that the Environmental and Waste Management Policy (as attached)be presented to DistrictSchool Board #11 when deemed appropriate." Referred to Business Services. ADJOURNMENT The meeting adjourns at 11:20 p.m.op^motion ofVaughan and Peters. CONFIRMED: erson A 1998 January 27...37 THAMES VALLEY DISTRICT SCHOOL BOARD INTERIM BOARD BYLAWS IN THESE BYLAWS: "Board"means Thames Valley District School Board, "Chair"means the Chair of the Board, "Vice-Chair"means the Vice-Chair of the Board, "Secretary"means the Secretary of the Board, 'Treasurer"means the Treasurer of the Board,and "member"means a member of the Board of elected trustees. 1.BYLAWS 1.1 No amendment,alteration,or addition to the Bylaws shall be made unless due notice has been given at a previous meeting in writing ,;.setting forththe proposed amendment,alteration, or addition. Atwo- thirds majority of all members ofthe Boardmust vo^eIn favourofthe change. 1.2 Every new Bylaw ofthe Board shall be read clause by clause before being presented to the Board for approval. 1.3 . Every new Bylawofthe Board,upon approval,shall be signed by the Chair ofthe Board and counter-signed Isy theSecretary ohhe Board, after which the seal of the Board shall be attached thereto. 1.4 BUSINESS SERVICES BYLAWS 1.4.1 The Board shall maintain on record Its Borrowing and Banking Bylaws in addition to other bylaws for business services,under the title Business Sen/ices Bylaws. The complete set of Business Services Bylaws and their schedules shall be on record under that title. 2.MEETINGS OF THE BOARD 2.1 The Board will meet regularly on the fourth Tuesday of each month, meeting in camera at 5:00 p.m.,and in public at 7:00 p.m., in the Thames Valley District School Board Central Board Offices (Education Centre)in the City of London,unless otherwise ordered by motion of the Board. 1998 January 27...38 Committee of the Whole will meet on the second Tuesday of each month,meeting incamera at 5:00p.m.,and in public at 7:00p.m. In situations where timelines are urgent, it may be necessary for the Committeeto reportto the Board on the same evening. All regular meetings ofthe Board will begin with the singing of"0 Canada". Outofrespect forthe FirstNationsrepresentation on the Board, and the First Nations students,staff and community, a ceremony ofburning sweetgrass and tobacco will take place once a year.... 2.2 Written or printed'noticeof all meetings ofthe full Board,except as provided forInBylaw 2.6,shallbesent bythe Executive Secretaryto the address of each member by electronic means/courier on the Friday prior tothe boardmeeting. Membersnothavingreceivedthe notice and the Board agenda by the Monday prior to the Board meeting will be responsible for notifying the Executive Secretary's office of such. 2.3 Copies of reportsto be presented to any meeting ofthe full Board shall be mailed,delivered or faxed with the notice of such meeting. The consideration of reports sent at a later date and items of new business arising atthe meetingmay,bydecisionofthe majority ofthe Board, be considered at that meeting of the Board. 2.4 Until members notify the Secretary in writing of their official addresses,all notices or communications delivered or mailed to their addresses as set out intheir nomination papers shall be deemed to be received by the members. 2.5 Special meetings ofthe Board shall be held in accordance withthe provisions of Bylaw 2.2, on the callofthe Chair;or on the written request offourmembers ofthe Boardmade tothe Chair,orifabsent, the Vice-Chair,or Ifabsent,the Secretary:or may be held at a date, time and place established bydecision ofthe Chair,withat least 48 hours notice. 2.6 The written notice or Board motion of every special meeting of the .Board shall state ail business to be considered or transacted thereat, and no other business shall be considered unless all the members of the Board qualified to vote on the matter are present. 2.7 Atallmeetings ofthe Board,regular and special, the presence ofa majority ofallthe members constitutingthe Boardshallbe necessary to form a quorum. 1998 January 27...39 2.8 Should there be noquorum present withinthirtyminutes afterthe time appointed forthe meeting,the Secretary shall cause to be recorded the names of those members present and the Board shall forthwith stand adjourned until the next regular or special meeting. 2.9 When a quorum is no longer in attendance at the Board Room no business can be legally transacted and itshall be the responsibility of the presiding Chair and the Secretary to note the lack of a quorum and to have the fact recorded in the minutes. 2.10 The Board shall not remain in session later than 11:00 p.m.,unless so determined by a vote of two-thirds of the members present. 2.11 Meetings of the Board shall be open to the public,except when the -••subject matter under consideration is covered by Section 207 (2)of the Education Act,or its successors. 2.12 A caucus meeting,may be called by the Chair or as requested of the Chair by a minimumof three Board members.All trustees must be contacted priorto the meeting as to the time, location and purpose. A secretary may be appointed from withinthe group by the majority. No ofRcial recommendation for Board action shall result from a caucus. 3.ELECTION OF CHAIR AND VICE-CHAIR 3.1 The Chair and Vice-Chair for the ensuing year,commencing on DecemberOI,shall be elected at the preceding regular meeting ofthe Board held on the fourth Tuesday inNovember,except ina municipal election year,in which casethe election of Chair and Vice-Chair sliall be held at a special Board meeting called before the end of November. 3.2 In a municipal election year,only newly elected members shall be invited to participate in the election. '3.3 The results of the election of Chair and Vice-Chair shall be considered unofficial until they are confirmed by resolution at the Inaugural Meeting. 3.4 After the completion of the regular Board meeting on the fourth Tuesday in November, or at a special Board meeting called for that purpose,in accordance with Bylaw 3.1,the Secretary of the Board shall preside for the election of the Chair. 1998 January 27...40 3.5 When the election of Chair and Vice-Chair follows a municipal election,the Secretary,havingcalledthe meeting toorder,shallread the returns of the election to the Board as certified by the Municipal Clerks. 3.6 With the Secretary presiding,or ifabsent, witha pro tempore Chair chosen by open vote ofthe Board,the Boardshall proceed to elect a Chair for the ensuing year. 3.7 The Secretary, or ifabsent, the temporary Chair,shall-name the scrutineers appointed for the election of Chair. 3.8 - The Secretary or the temporary Chair shall call for written nominations for the officeof Chair. Any member may nominate any other member for this office. No seconder is required. -•After a suitable lengthoftime,the Secretary or temporary Chair shall declare nominations closed and have ballots collected. - Afterall nominees have been Identifiedalphabetically,they will be asked to declare whether they accept the nomination. -The nominees shall be offered the opportunity to speak to their nomination. - Avote by ballotshall then be conducted. - The member receiving a clear majorityof the votes cast shall be declared elected,but the count shall not be declared. -Should no member receive a clear majority ofthe votes cast,the secretary shall announce the names of the members remaining on the ballot with the name of the member receiving the fewest number of votes being dropped from the list. -Afterthe name ofthe person receivingthe fewest number of votes has been dropped, ballotingshall be continued untila majorityof the ballots cast (void ballots not being counted)shall be infavour of one person. -The person withthe majority of votes shall be the Chair until the next Inaugural Meeting and shall at once take the chair and preside over the election of the Vice-Chair. 1998 January 27...41 -Should the voting for Chair between two candidates result Ina tie. the temporary Chair will call for a second ballot. If the two candidates remain tied,the temporary Chair will call for the drawing of lots by the two candidates to determine the Chair of the Board. 3.9 The Board shall then elect a Vice-Chair according to the same procedure followedfor the election ofthe Chair. -3.10 Followingthe election,the Chair forthe current year shall resume the chair. y 3.11 In the event of the office of the Chair or any other office becoming vacant for any reason,a new Chair or other officer,as Is required, shall be elected in the same manner as before provided. 4.INAUGURAL MEETING 4.1 The first meeting of the Board for each year shall be designated as the Inaugural Meeting and shall be held in the Board Room at 7:30 p.m. on the second Tuesday in January. 4.2 At the appointed time,the Secretary of the Board (Director of Education)shall call the meeting to order. 4.3 When the Inaugural Meeting follows a municipal election, the Secretary,having called the meeting to order,shall read the returns of election to the Board as certified by the Municipal Clerks. 4.4 The Secretary shall certifythat the members havelnet allprocedural requirements and are eligible to take office. 4.5 The Secretary shall request an honourary guest.Invited by the Chair-elect,to open the meeting with a prayer. 4.6 The oath of office and declaration of allegiance will be recited In unison at the Inaugural meeting. 4.7 The Secretary shall then request a motionthat the Board confirmthe election of the Chair and Vice-Chair elected In accordance with Bylaws 3.1 to 3.11. 1998 January 27...42 4.8 As soon as the motion has been voted on and carried,the newly elected Chair shall at once take the chair, deliver the inaugural address,and preside overthe conduct ofthe further businessofthe meeting. 4.9 The Board,by resolution,shall appointby name the Officers ofthe Board who shall be the Chair, Vice-Chair,Secretary,and Treasurer, allofwhomshall have signingauthorityon behalfofthe Board. 4.10 The compositionofcommittees required by legislation or regulation, such as the Special Education Advisory Committee and the Supervised Alternative Learning forExcusedPupilsCommittee,shall beas required bythe appropriate statute or regulation.The duties, responsibilities and composition of other standing and special committees shall be as determined from time to time by the Board. 4.11 In accordance with legislation,the members appointed by the local associations to serve on the Special Education AdvisoryCommittee "shallhold office until the expiryofthe termforwhichthe members of the divisionalboard were elected" (i.e.three years). 5.DELEGATIONS TO A COMMITTEE 5.1 The Board recognizes the value ofcitizen participationin presenting varyingpointsofviewwithrespect to matters under consideration by the Board. However, in the interest of productive meetings,it is necessary to observe certain procedural rules with respect to delegations. 5.2 All delegations wishing to address a matterunder Consideration shall be directed to the appropriate Committee. A delegation shall not be permittedto appear before the Board. When inthe opinionofthe Board a delegation has new or additional information wtiich could be considered,the matter under discussion may be referred back to the Committee. 5.3 A person or a delegation wishing to appear and speak before a committeeshallapplyin writing tothe ExecutiveSecretary at least six days before the date ofthe meeting at which the delegation wishes to appear. The application shall state the matter on which the submission Isto be made,the organization or group represented,the authorityofthe spokesperson,and the names of not more than two persons designated or authorized to speak. 1998 January 27...43 5.4 Delegations shall be asked to submit,whenever possible,their material in writing to the Executive Secretary at least sixdays priorto the meeting. 5.5 The Executive Secretary shall inform the individual or group of the date ofthe meeting and the approximate time when the presentation will be heard. 5.6 A procedural document will be available to all Individualor groups - - -appearing before the Committee outlining time allowance (5 minutes for individuals,10 minutes for groups/organizations),presentation, questioning,procedure,and closure. 5.7 The matter shall then be considered by the Committee In regular session or in camera as required or permitted bythe Board's Bylaws or the Education Act, or as otherwise directed by the Chair or by motion of the Committee. 5.8 Individualsor groups who appear at a Committee meeting and who wishto speak withoutmakingprior arrangements maydo so onlyat the discretion of the Chair of the Committee. 6.RULES OF ORDER Note: Inail cases not provided for by these rules, the rules and practice of Robert's Rules of Order shali govern so far as applicable. 6.1 RULES OF ORDER -GENERAL 6.1.1 The Chair of the Board,or if absent,the Vice-Chair shall preside at allmeetings ofthe Board.The Chairshallcall the meeting to order at the hour appointed,shall preserve order and decorum and decide upon all questions of order,and shall cause the Executive Secretary to the Board to record the names of the members present and absent.The times of arrival and departure of members not attending the entire meeting shall be recorded in the minutes.Absence during any vote will be recorded. 6.1.2 In case of the absence of both the Chair and Vice-Chair for five minutes after the hour appointed,as soon as a quorum be present, the Board shall choose a Chair pro tempore. 1998 January 27...44 6.1.3 The Chairprotemporeso chosen shallpreside only until the Chair or Vice-Chair arrives and the immediate item of business at hand is completed. 6.1.4 The Chair shall appoint a secretary in the case of the absence of the recording secretary. 6.2 .RULES OF ORDER -DUTIES OF THE CHAIR 6.2.1 The Chairshall call the meeting to order at the appointed time, shall preserve order, and shall decide all questions of order,subject to an appeal to the Board. When a trustee appeals to the Chair for a ruling,the member should state the rule applicable to the case.If a trustee should appeal a ruling,such appeal shall be decided without debate and the appeal shall be submitted by the Secretary to the Board inthe form"as follows:"Shallthe decision of the Chair be sustained?"The Chair may vote on such an appeal,and in the event that there is an equality of votes, the decision of the Chair shall be deemed to be sustained. 6.2.2 The Chairshall not take partinany debate withoutleaving the Chair and appointing a substitute. 6.2.3 Should the Chair refuse to putthe question or any appeal from a ruling to the vote of the Board, the members making such motionor appeal may put the same to vote. 6.2.4 The impartial position of the Chair'Is protected by exercising voting rights only when the vote would affect the outcome. 6.2.5 In the absence of the Chair from any meeting of the Board,theVice-Chairshall preside atthe meeting.During the continued absence of the Chair from duty, or upon written request,the Vice-Chairshall perform ailthe duties of the Chair. 6.2.6 The Chair,when called upon to decide a point of order or practice,shall,^before stating a decision,state the rule applicable to the case,and may give reasons for such decision. 1998 January 27...45 6.2.7 The ruling of the Chair shall be final,subject only to an appeal to the Board by a member. 6.2.8 Any member wishing to speak shall so indicate by upraised hand,and upon recognition by the Chair, who shaii call the member by name (Trustee ), the member shall then address the chair. 6.2.9 When two or more members attempt to speak at the same time, the Chair shall name the member who is to speak. 6.2.10 Every member shall speak onlyto the question in debate and direct all comments through the Chair and shall avoid all personal remarks and discourteous language. 6.2.11 No member shall be interrupted while speaking except to be called to order by a member for transgression of the Rules of the Board,in which case the member shall remain silent untilthe point of order has been decided by the Chair. A member so interrupting,shall speak tothe point oforder or in explanation only. 6.2.12 A member called to order by the Chair shall at once remain silent but afterthe pointoforder has been decided, may explainand appeal to the Board,which,if appealed to, shall decide the point of order without debate.The decision of the Chair on the point of order shall be overruled only by a two-thirds vote of the members present In favour tfiereof.If there is no appeal, the decision of the Chair shall be final. 6.2.13 Members who resist the rules of the Board,disobey the decision of the Chair or ofthe Board on points of order;or make any disordetly noise or disturbance may,unless they make an apology, be ordered bythe Chairto leave their seats for the remainder of the meeting,and,in case of refusal to do so, may, on the order of the Chair, be removed from the Board Room and the Education Centre. 1998 January 27...46 6.3 RULES OF ORDER -MOTIONS 6.3.1 Every motion shall be seconded and shall be disposed of only by a vote of the Board unless the mover and seconder,by permission of the Chair, withdraw the motion.• 6.3.2 Anymember may request the motionunder discussion to be read for information at any time in the course of the debate,provided that no sucli request is made soas to interrupta member speaking to the question. 6.3.3 After a motion is read it shall be deemed to be In possession of the Board. 6.3.4 A member,may introduce a motion and before it is seconded,speak to it for clarification or direction on wording only.No other member may speak to the motion before it has been seconded. 6.3.5 Nomotion or amendment shall be debated or put to a vote unless the same be seconded and read before the vote is taken,except that the reading may be omitted before the vote if the motion is based on a written recommendation in the agenda or is a motion to refer, to postpone,to go into Committee of the Whole, to rise and report, to table, or to adjourn. The Chair may direct that any motion be made in writing rather than orally. 6.3.6 Amotion directly concerning the privilege ofthe Board and thereby affecting the rights and immunities of the Board collectively, or the position and conduct of members in their respective capacities,shall take precedence over all other business and may be moved without notice. 6.3.7 When a question is under debate,the only motions in order shall be: (a)adjourn or take a recess. (b) raise a question under point of order,privilege or question. (c) lay on the table. 1998 January 27...47 (d)call for the previous question. (e)postpone to a certain time. (f)refer. (g)amend. (h)postpone indefinitely. (i)main motion. Each shall have precedence in the order listed;and that the first,second,third and fourth shall be decided vt^ithout debate except as provided under pointoforder,privilege or question.The fourth shall require a two-thirds vote of those present to adopt. 6.3.8 A motion to adjourn shall be in order except when a member is speaking,or a vote isbeing taken, orwhen the previous question has been called. A motion to adjourn only shall not be open to amendment or debate;but a motionto adjourn to a particular time may be amended or debated. 6.3.9 No second motion to adjourn shall be made until some business has been transacted after the first motion to adjourn has failed. 6.3.10 A motion to layon the table onlyis notdebatable; but a motionto lay on the table withany other conditioninvolved is subject to debate and amendment. 6.3.11 Whena question has been laidon the table,itshall notbe taken up again at the same meeting except by a vote in favour of reconsideration by two-thirds of the members present. 6.3.12 The motion for the previous question shall preclude all further amendment and debate,and shall be submitted by the Chair in this form: "Are you ready for the main question?".Ifadopted, the Chairshall at once proceed to put the main question,first putting any amendments pending, to the vote ofthe Board. 6.3.13 Aquestion havingbeen postponed indefinitely shallnotbe taken up again at the same meeting. 1998 January 27...48 6.3.14 After a resolution is made and seconded,a motion to amend may be made, and a motion to amend the amendment;but no further motion to amend shall be made until those have been decided. 6.3.15 Anamendment modifying the subject ofa motionshall be inorder, but an amendment relatingto a different subject or completelychanging the intentofa motionshall notbe considered. 6.3.16 All amendments shall be put inthe reverse order towhich they are moved. 6.3.17 Every amendment submitted shall be decided upon or withdrawn before the main question is put to a vote; and if the vote on an amendment is decided in the affirmative, the main question as amended shall be putto a vote. 6.4 RULES OF ORDER -DEBATE 6.4.1 No member,unless strictlyin explanation, shall, without leave of the Board,speak more than once upon any question or motion,except the proposer ofa motionwho shall be permitted to reply. 6.4.2 No member shall speak longer than five minutes on the same question without leave of the Board by simple majorityvote. 6.4.3 When the question under consideration contains two or moredistinctpropositions, anyparticularproposition,upon the requestofanymember,maybeconsideredandvoted upon separately. 6.5 RULES OF ORDER -VOTING 6.5.1 No member shall have more than one vote,as Chair or othen/vise,either at Board meetings, in Committee ofthe Whole, or on any committee. 6.5.2 Every member present at a meeting of the Board or a committee when a question is put, shall vote thereon unless prevented by statute or excused bythe Board, and in all cases where there is an equality of votes, the question shall be deemed to be decided inthe negative. The impartial position of the Chair is protected by exercising voting rights only when the vote would affect the outcome. 1998 January 27...49 6.5.3 In cases of emergency,as ruled by the Chair,every member of the Board or a committee,as the case may be, shall vote on a question put in a telephone poll,fax submission or e-mail submission conducted by the Executive Secretary or designate,unless the member is prevented by statute or othervi^ise excused.In all cases where there is an equality of votes,the question shall be deemed to be decided in the negative. 6.5.4 After the Chair has put a question to vote,there shall be no further debate and no member shall walk across or out of the room or make any noise or disturbances.The decision of the Chair as to whether the question has been finally put shall be conclusive. 6.5.5 The yeas and nays shall only be recorded upon any question when requested by at least one member,and such request must be made before the Chair calls upon the members to vote upon the same.The impartial position of the Chair is protected by exercising voting rights only when the vote would affect the outcome. • 6.5.6 All ordinary votes at meetings shail be taken by show of hands,and the result shall be declared by the Chair,but ifthis declaration be questioned,the members voting shall rise and stand until they have been counted. 6.5.7 No member shall use offensive words in or against the Board or any member thereof.No member shall reflect upon any vote of the Board except for the purpose of moving that such vote be rescinded as permitted inBylaw 6.7.1. 6.6 RULES OF ORDER -RECONSIDERATION 6.6.1 Aftera vote has been taken on any question (except one of indefinite postponement)such vote may, vnth the consent of a two-thirds majority of the members present, provided that the members constitute a quorum, be reconsidered duringthe same meeting. The question may be reconsidered with the consent of a majority of the members present at any regular meeting held thereafter, provided that any member shall give notice to that effect inwriting at a previous regular meeting. 1998 January 27...5Q Amotionto reconsider,being once made after notice at a previousBoardmeeting anddecidedintiie negative,siiail notagain be entertained during the current year orwithin a period of four months,whichever is the lesser, unless approved unanimously by a quorum ofthe Board. 6.6.2 When a member has properly moved for reconsideration ofany question which has been decided,no discussion of the main question shall be allowed until the motion for reconsideration has been decided in the affirmative. 6.7 RULES OF ORDER -PETITIONS AND COMMUNICATIONS 6.7.1 Petitions and communications on any subject within the purview of a committee shall be referred by the Chair to the proper committee witiiout motion, but the Board may, iftwo-thirds ofthe members present vote in favourthereof, enter upon the immediate consideration and disposition thereof.No discussion of the main question shall be allowed until the motion for Immediate consideration has been decided in the affirmative. 7.COMMITTEE OF THE WHOLE 7.1 The Chair shall chair all Committee of the Whole public sessions. The Vice-Chair,or Ifabsent,the Chair shall chair all Committee of the Whole in camera sessions.In case of the absence of both the Vice-Chair and the Chair for five minutes after the hour appointed,as soon as a quorum be present,the Board shall choose a Chair pro tempore.The Chair pro tempore so chosen shaN'preside only until the Vice-Chair or Chair arrives and the immediate item of business at hand is completed. 7.2 The Board may resolve Itself into Committee of the Whole or Committee of the Whole in camera,upon any matter brought forits consideration,in addition to those specified in the Committee of the Whole agenda.Meetings of the Committee of the Whole in camera shall be closed to all but Board members,members of the Director's Council,Executive Secretary to the Director,and others invited bythe Board for a specific purpose. 1998 January 27...51 7.3 All rules of the Board shall be observed in Committee of the Whole or Committee ofthe Wholein camera so faras applicable except that no motion shall require to be seconded;no motion for the previous question or foradjournment shall be allowed(except under the rule establishing a time limit formeetings); the yeas and nays shallonlybe recorded when a member requests ^at they berecorded concerning a particularitem inthe report when the vote to adopt or ratifyis taken in open session; and the number of times of speaking on any question shall not be limited. 7.4 In Committee of the Whole or Committee of the Whole in camera a member may move that the Committee rise and report progress and this question shall be decided without debate. 7.5 When open session has been resumed and progress reported, the Board shall then consider a motion to adopt or ratifythe report and recommendations of the Committee of the Whole or Committee of the Whole in camera.The Chair shall put the motion to a vote without debate and,provided thatsuch motion ispassed bya majority ofthe members present, the transactions ofthe Committeeofthe Wholeor Committee of the Whole in camera shall form the proper record for the minutes. 8.AD HOC COMMITTEES 8.1 Ad hoc committees of the Board may be appointed for any purposebytheChair. Anysuch ad hoc committee shall cease to function at the end ofthe year inwhichitts appointed, or earlier, when the work of the committee has been completed. 8.2 Ifanyvacancyshalloccurinan ad hoc committee ofthe Board, the Chair shall fill the vacancy at its next regular meeting. 8.3 in a meeting of an ad hoc committee, a majority of the membership shall constitute a quorum. 8.4 Meetingsofad hoc committees ofthe Boardshall be open tothe public except when the subject matter under consideration is covered by Section 207 (2) of the Education Act, or Its successors. 8.5 Anad hoc committeeappointed to reporton any subject referred toitshall normally reportInwriting tothe Board,butmay,withthe permission ofthe Chair,provide an oralreportthroughthe Chair of the committee. 1998 January 27...52 8.6 Action ofany ad hoc committeeshall notbe binding until formally approved by the Board, unless the Board gives the committee power to act with reference to a particular matter or matters. 8.7 The Chair of the Board,Director of Education,and administrative officialsshall keep the chair of each ad hoc committee informed of matters within the terms of reference of the committee. 8.8 Any member of the Board may attend meetings of an ad hoc committee and may participate in the discussion,but only appointed members of the committee may vote and propose motions. 8.9 The Rules ofthe Board shall be observed,so far as applicable,in all meetings ofa committee subject to the exceptions allowedfor the Committee of the Whole (Bylaw7.3). 8.10 Every meeting ofa committee shall be called bya notice provided by the Executive Secretary to reach every member at least twenty-four hours before such meeting or in extreme circumstances,by oral notice attempted not later than six hours before such meeting. 9.LEAVE OF ABSENCE OF BOARD MEMBERS 9.1 To meet the provisions of Section 229 (1)of the Education Act, a Board member applying for Leave of Absence shall make request directlyto the Board convened in regular session and any action on the request must be recorded as a motion of the Board.