Infighting at Halton’s Catholic school board is again on public display.
During an acrimonious meeting held on May 24, the board found Burlington trustee Vincent Iantomasi guilty of violating the Trustee Code of Conduct.
Trustees opted to keep the specific details of both the violation and their subsequent investigation secret, despite a legal opinion that they could publicly release their report.
But they did reveal that the matter involved a complaint by Milton trustee and board chair Marvin Duarte about Iantomasi’s comments in numerous public meetings.
The board’s code of conduct requires trustees to carry out their responsibilities “in a manner that assists the board in fulfilling its duties.”
Iantomasi is a frequently argumentative trustee who often makes numerous unsuccessful amendments to motions and disputes procedural issues and rulings.
Unsurprisingly, the board was divided on the question of Iantomasi’s guilt. The final vote was 5-2, with one abstention.
Oakville trustee Nancy Guzzo – herself recently in the spotlight due to criminal fraud charges she is facing – voted in favour of Iantomasi’s guilt.
The town’s other two trustees – Helena Karabela and Peter DeRosa – voted against the motion.
Karabela and DeRosa also sought to have the code of conduct issue discussed behind closed doors.
“I think deliberating this matter in public puts us in legal jeopardy, either as a board or independently,” argued DeRosa.
Nadya Tymochenko, a lawyer with Miller Thomson specializing in education law, was on hand to advise trustees.
She said the code of conduct issue must be dealt with in public unless the report dealt with intimate personal details unrelated to a trustee’s performance of their duties.
She added that the allegations and investigations report could be made public if trustees chose to do so.
Oakville’s third trustee Guzzo said she believed the board followed its process for dealing with code of conduct complaints.
DeRosa also expressed concern that Iantomassi, who is apparently currently on medical leave from his trustee position, had not been given an adequate opportunity to defend himself.
But board vice-chair Brenda Agnew said that Iantomassi was informed of the complaint and given an opportunity to respond and participate in the investigation she undertook.
“On May 5, 2022, I did receive an email from trustee Iantomassi to myself with a copy to the director, refuting all the allegations of violation of code of conduct with no other detail,” she said.
Milton trustee Patrick Murphy noted that trustees took part in the meetings in question and have “a very thorough understanding” of the complaint.
“We have a legal obligation to move forward with this process,” he added.
“No one takes any glee or joy in this process. I think the last thing any one of us wants to be tied to this process, where we could be spending our time focusing on student achievement.”
‘Dysfunctional’ board
The Catholic school board – described just last year as dysfunctional by Murphy – has been plagued by deep divisions and in-fighting.
Over the last two years, the board has paid professional parliamentarian Atul Kapur to sit in on their argumentative meetings and referee procedural disputes.
After Oakville News filed a Freedom of Information request, the board revealed that it paid Kapur over $24,000 in fees for the 2020/21 school year. We’ve filed another request to find out the cost for this school year.
The deeply divided board typically splits 5-4 on almost every issue of importance and has spent most of its term mired in conflict.
Oakville trustees Karabela and DeRosa are typically on the losing side of votes, along with Burlington trustees Iantomasi and Tim O’Brien.
Last summer, in an attempt to deal with unfinished agendas, arguments and interruptions, and eventually the ejection of trustees from meetings, the board hired an independent investigator to look at trustee behaviour.
A 38-page report from Barry Bresner of ADR Chambers, a Toronto-based mediation and arbitration services, chided trustees for “dilatory conduct” – or specifically acting to create delay.
Board could bar Iantomasi from meetings
Now that the board has ruled that Iantomasi did violate the code of conduct, it must determine what penalty he will face. It could bar him from attending board meetings or sitting on committees or simply censure him.
A censure, explained Tymochenko, is a formal statement that the behaviour was inappropriate and unacceptable to trustees.
“The admonishment by the board of trustees is, in and of itself, the discipline,” she said.
Trustees opted to defer imposing a sanction on Iantomasi until he can respond to their decision, but no later than July 29.
Once a sanction is imposed, the trustee has at least 14 days to respond, with the board required to then consider the response and confirm, revoke or vary its penalty.
The issue is complicated by October’s municipal election when trustees will need to seek re-election to hold on to their seats.
Code of conduct proceedings are not typically dealt with after the August close of nominations, to avoid politically motivated complaints.
But, as DeRosa noted, the issue is already a political one.
“Ultimately the public will decide whether Trustee Iantomasi has been out of line or not,” he said.