Secret CBE motion that led to resignation of Lisa Davis revealed in letter to education minister
'It is unfortunate that a narrative has been created that the CBE or its counsel is muzzling, intimidating'
A secret motion that was the "final straw" and ultimately led to the resignation of former Calgary Board of Education trustee Lisa Davis has been revealed.
Letters obtained by CBC News show that on Thursday, Education Minister Adriana LaGrange wrote to the board demanding they release information about the "secret" motion to her by end of day Friday.
"I have concern around a motion that was apparently passed at that meeting dictating that trustees are forbidden to speaking [sic] to the Province's appointed auditor without CBE legal counsel present," wrote LaGrange.
In response to LaGrange, CBE board chair Marilyn Dennis wrote that the motion did not stop anyone from bringing in their own legal counsel, or from fully participating in the investigation, which is currently being conducted into the board's alleged bad governance and financial mismanagement.
"We do not believe it is unusual or extraordinary for CBE to have the opportunity to have counsel throughout this process. Presence of CBE counsel is in no way intended to impede full disclosure or the giving of evidence by any witness," reads the letter.
The board said all participants were encouraged to be honest, open and candid in their interviews and to answer questions put to them.
"It is unfortunate that a narrative has been created that the CBE or its counsel is muzzling, intimidating or otherwise interfering with the ability to have witnesses respond."
But, in her letter LaGrange said that trustees are duly-elected officials who have been chosen by Calgarians.
"They are individually accountable to those who elected them. Of course those meeting with the auditor are entitled to bring legal representation — if they so choose," she said. "But trustees must be free to make their own decisions, including declining CBE counsel accompaniment."
It's those comments by LaGrange that have Davis feeling vindicated.
"I'm really pleased to see that the minister confirmed that trustees should have the right to decline having the CBE's legal counsel in the room as well," she said.
Davis said the motion was passed at an "emergency" board meeting last Sunday night after weeks of her protesting.
"I was the target of that meeting and that motion," she said. "I had been clear on this for weeks. My position was always that they could not force me to have a CBE lawyer in the room while I was meeting with the auditors."
LaGrange said while she is pleased the CBE did share the contents of the motion with her, there was something in their response that gave her pause.
"It is concerning that they asked me to waive my ability to disclose that information publicly," she said.
"This issue has been of significance to the Calgary community and I feel that, in the interest of transparency, Calgarians have the right to know the details."
In her letter, Dennis told LaGrange that the information she'd asked for was from a "confidential, private meeting, of the Board including advice that may be subject to solicitor-client privilege."
Dennis wrote that in order to support transparency, the board agreed to provide "a limited waiver of privilege for the
limited purposes of sharing its decision with you."
She said in doing so, they wished to make it clear that the CBE was not waiving its right to solicitor-client privilege to the underlying legal advice to the board.
"We also ask that you kindly consider maintaining confidentiality of the information provided to you below, and not exercise your authority under section 66(2) to release the information in public," she said.
A report on the audit of the board's finances and governance is expected back the minister by mid-February.
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