Avon Maitland District School Board trustee Bruce Whitaker received a verbal caution at Tuesday evening’s meeting.
“Trustee Whitaker is cautioned against engaging in any further conduct that will undermine public confidence in the ability, integrity of the Avon Maitland District School Board,” Chair Robert Hunking read from a prepared statement.
The board, according to the draft minutes in the agenda, received a formal written complaint alleging that Whitaker had “interfered with board and police investigations into a school discipline matter and had disclosed personal and confidential information” and subsequently had an external investigator conduct an inquiry.
The report on the investigation is not public, but at the Feb. 27 meeting the board approved a motion to adopt the investigator’s finding – that Whitaker likely breached sections 2.1 and 6.2 of the trustee code of conduct.
Section 2.1 of the board members code of conduct is: “board members shall discharge their duties in accordance with their fiduciary duty to act in the best interests of AMDSB, loyally, faithfully, impartially, without conflict of interest, respecting the confidentiality of the board, its students and staff, and in a manner that will inspire public confidence in the Avon Maitland District School Board, and the board of trustees as its governing body.”
Section 6.2 is: “every board member shall respect the statutory roles and responsibilities of their fellow board members, the director of education, supervisory officers, and the chair of the board. The Education Act provides that board members shall entrust the day to day management of the board to board staff through the board’s director of education.”
Whitaker, who represents Stratford on the board, may submit a reconsideration request to the board.
In a written statement addressed to his fellow trustees, the director, and superintendents, that was also sent to StratfordToday on Wednesday morning, Whitaker said:
"I will always stand up against violence and bullying in our community. My actions were to understand the repeat offender's motives and needs while attempting to protect victims, including my two sons. The escalation and severity of the brutal assault at the school and then at the bus terminal made another assault very likely. We are a caring community where youth violence is not just a school issue, it impacts all of society. It must become a broader conversation in our community and not be contained within the walls of our schools.
"As a parent, citizen and trustee I will continue to fight against violence of any type especially when it involves our youth."
Ahead of Whitaker’s warning, Trustee Joseph Cohen expressed concern over the draft minutes, pointing out a few discrepancies that seemed to be inaccurate.
“Some of the minutes concern me. I found them to be inaccurate,” Cohen said.
Cohen specifically pointed to the item surrounding Whitaker’s investigation, that the draft minutes state that Whitaker breached the code of conduct, but the report actually states that he “likely” breached the code of conduct.
Cohen said that there were some other problematic mistakes, but he was not prepared to discuss it in open session, not wanting to exacerbate the problem.
Hunking clarified that the board’s lawyer had looked at the draft minutes and approved them. Given the mistakes he had noticed, Cohen was not convinced that was enough to exonerate the board’s responsibility.
He said that to approve and publish the minutes on the board’s website could be defamation and he was not prepared to support those actions.
Trustee Patricia Smith said that the board’s lawyer has given them the clear and reminded the board that under the Education Act they have no personal liability in upholding their duties under the act.
“If we're being told really clearly that we are covered under the Education Act, then there is no threat,” Smith said. “And so right now, I'm feeling like the threat is coming from someone else and I don't like that.”
The board unanimously voted to defer the publishing of the minutes and to refer them to legal counsel again for additional review.
