Two suspended Greater Victoria School Board trustees are pursuing judicial review of the decision to relieve them of their duties.
Diane McNally and Rob Paynter were suspended last month until October — when the next school board and municipal elections will be held — amid allegations of bullying and workplace harassment.
The suspensions followed a third-party investigation that found the pair made comments and criticisms on Twitter targeting district secretary-treasurer Kim Morris. Investigator Marcia McNeil, brought in in response to the complaints, found the use of social media concerning because Morris was constrained from responding in the same forum.
Board chairman Ryan Painter said in a recent letter that the Greater Victoria School District has “zero tolerance” for bullying or harassment.
Since the two trustees were suspended, however, the Greater Victoria Teachers’ Association, the Victoria Confederation of Parent Advisory Councils, the Songhees Nation and Canadian Union of Public Employees locals 947 and 382 have voiced their opposition to the process.
Both McNally and Paynter have started GoFundMe pages to help with their legal costs in heading to B.C. Supreme Court.
Paynter said that pursuing the matter legally “seemed like the most appropriate response.”
“I understand that my lawyer and [the board’s] lawyer have been looking at dates, probably the first week of April,” he said. “Of course, that’s all dependent on the court having time.”
Paynter said he is hoping for as quick a process as possible.
“My hope is that the case itself is fairly straightforward and that the community interest, the public interest, in seeing a resolution to this one might be a motivation factor in getting it done sooner.”
He said he hasn’t contemplated whether he will run again or not. “I think one thing at a time, and this is where my attention is focused.”
In a message on his GoFundMe page, Paynter argued the board has “exceeded its authority in taking this action, which is not defined in the School Act or other legislation.”
“In my view, it is fundamentally undemocratic that elected representatives may have the capacity to eliminate their counterparts — your elected representatives — at their own discretion.”
He estimated the court action will cost $20,000 to $30,000 in legal fees.
McNally said she and Paynter have separate lawyers who are co-operating on the case.
Like Paynter, she is hoping the matter doesn’t drag on and says her lawyer is trying to make sure that doesn’t happen.
“It would really be moot because our term would be up.”
McNally said the board’s actions set a bad precedent. “To take away the vote of an elected official is just unprecedented.”
