A third-party investigation into alleged inappropriate comments made by two Greater Victoria School Board trustees who were later suspended found that most were made on Twitter.
That information was in a letter from board chairman Ryan Painter released Thursday that said Diane McNally and Rob Paynter were among trustees linked in May 2021 to the use of public forums to disparage employees — including then-superintendent Shelley Green.
Those comments led, in part, to superintendent Green’s employment being ended by mutual agreement, Painter said in the letter. A letter of apology from the board to Green was later read into the public record.
Complaints against McNally and Paynter made last July led to their censure and suspension this month, reducing the number of trustees to seven. The suspensions run through October, when the next school board and municipal elections are scheduled.
A number of groups have spoken out against the suspensions, citing concerns about a lack of transparency in the process, including the Greater Victoria Teachers’ Association, the Songhees Nation and the Victoria Confederation of Parent Advisory Councils.
Painter said his letter is intended to provide “additional context” to the board’s decision to suspend the trustees.
“The board did not undertake disciplinary measures against trustees McNally and Paynter lightly,” he said. “The suspensions follow years of attempts to work with all trustees to ensure the duties of the board are exercised in a respectful and dignified manner, consistent with our values and our obligations under the Workers Compensation Act and the Freedom of Information and Protection of Privacy Act.
“The actions taken by the board included careful consideration of its legal obligations and were undertaken in the context of a prior history of bullying and harassment concerns in connection with trustee behaviour.”
Investigator Marcia McNeil said in a statement that comments or criticisms were made by McNally and Paynter “contrary to the board’s bylaws.” She said that McNally and Paynter had not addressed their concerns directly to the staff member involved, secretary-treasurer Kim Morris, or offered an opportunity to respond.
McNeil said that the use of a social-media platform is concerning because the staff member was “constrained from responding in the same forum and adding her own perspective to a conversation.”
“I am aware that on one occasion she did communicate privately with the trustee who misstated information in a tweet, but I am not aware of whether the trustee made any further effort to correct the earlier misstatement.”
Painter said in the letter that both McNally and Paynter were given a copy of McNeil’s full report and the opportunity to respond.
“Public denigration of board staff undermines the function of the school district, breaches its obligations as an employer and exposes the board to potential severance costs arising from constructive dismissal and damages for defamation,” he said.
He said the board realizes the “significant public interest” in the decision it has made. “We fully understand and appreciate that this action has caused our community partners concern.”
Painter said the board can continue to function with seven trustees, since a quorum is five.
McNally and Paynter have the right to seek a judicial review.
Education Minister Jennifer Whiteside said she is aware of the suspensions.
“This is a local governance matter and the board has made its own decision regarding conduct of these trustees,” she said in a statement. “My expectation is that the board is listening to the voices of First Nations and community members, and taking steps to answer the questions they have raised about the steps that have been taken.”
