When campaigning for the local York Catholic District School Board trustee position in 2022, Peter Fracassi said what he feared could happen if Trustee Theresa McNichol was re-elected has, indeed, happened.
McNichol, the incumbent with more than 20 years of experience representing Newmarket, East Gwillimbury and Georgina, took more than 66 per cent of the votes, 2,794 to Fracassi’s 1,125 in the last municipal election.
McNichol has been barred from meetings for the rest of the term, until 2026, by her fellow trustees as a result of comments she made that were said to be discriminatory.
“What I’m really sad about is the community’s not going to be represented,” Fracassi said. “She seems like a pleasant person. But I did tell the constituents this may occur. That’s the reason why I did run.”
Trustees voted 5-4 Sept. 26 to censure McNichol following an independent report that found she engaged in harassment and discrimination toward colleagues with several comments made in her prior term. Four former trustees complained about McNichol’s comments and called for her to resign, rather than face the sanction.
McNichol has not publicly addressed the situation. NewmarketToday did not receive a reply to a request for comment despite repeated attempts to reach her.
The YCDSB board is unable to outright remove an elected trustee from a position under the Education Act. When a trustee breaches a code of conduct, the Education Act allows the board to censure the member and bar the member from committee or board meetings “for the period of time specified by the board.” The act does not specify any length of time.
The act also states that a board member served notice of sanction can make written submissions against the decision, which the board would have to consider. That could create a path for the board to revoke the decision.
But with no way to remove McNichol, she could remain trustee without attending meetings until the end of her term. Right now, the only way the situation could change is if she resigns.
Fracassi said that is her prerogative, but not being able to attend meetings makes it difficult to properly represent constituents.
“If there’s an issue, what is the protocol? If there’s an issue with a parent or an issue with a principal in her ward, how, if she can’t go to board meetings, how is she going to voice her concern?
If McNichol were to resign, the board could replace her seat. They could do this through a byelection, which would could cost tens of thousands.
Asked about the cost of such a byelection, York Catholic District School Board said it can not speculate on such details at this time.
Alternatively, the board could also appoint a replacement if McNichol resigns. The Waterloo District Catholic School Board opted to fill a sudden vacancy Sept. 25 by appointing a runner-up in the previous election to the seat.
Fracassi said a byelection would cost too much but did not want to say whether he would accept being appointed to McNichol’s seat if that came about.
“I’ll give it serious consideration, but at this point, I don’t want to assume anything’s going to happen,” he said,
“She has every right to sit there for three years, and she might very well do that,” Fracassi added.
