EMSB Council Overturns Ethics Decision Against Commissioner
The English Montreal School Board council of commissioners has voted to invalidate an ethics decision that found elected commissioner Julien Feldman breached the code of conduct. The original ruling had recommended a 15-day suspension, a public apology to his electoral opponent, and a $250 donation to charity.
Ethics Commissioner's Findings Overturned
In a February 2 ruling obtained by The Gazette, EMSB ethics commissioner Frédéric Henri determined that Feldman "did not perform in good faith in the discharge of his functions" when he referred to opponent Shalani Bel as "Ms. Gaza." The 54-page decision followed a 14-month investigation into the matter.
However, at its February 10 meeting, the EMSB's council of commissioners passed a motion declaring the ethics decision "deemed invalid." The motion cited "non-compliance with delays" without providing further explanation. Board chair Joe Ortona stated that the motion was recommended by the EMSB's governance and ethics committee, of which Feldman serves as vice-chair.
Vote and Reactions
Only one person—parent commissioner Jessica Houde-Woytiuk—voted against the motion to invalidate the ethics decision. The webcast of the meeting showed Feldman leaving the meeting just before the vote and returning afterward.
In a statement to The Gazette, Shalani Bel expressed shock that "the EMSB council believes that they can act with impunity and ignore the results of an independent investigation without any explanation." She added that the council "should not help any member avoid accountability for misconduct."
Background of the Complaint
The complaint stemmed from the November 2024 EMSB election, where Feldman and Bel faced off in Ward 10, covering Westmount and the Sud-Ouest borough. Bel alleged that Feldman had referred to her as "Ms. Gaza" to "tarnish her image and reputation."
Bel testified that as a woman of colour, she viewed "the term as an unacceptable racial slur that equates her race with anti-Israel stances." She stated that the emotional impact was as severe as being called a racial slur.
Feldman's Defense and Commissioner's Assessment
Feldman argued that the "Ms. Gaza" remark was an offhand comment made in a private exchange with a fellow Jewish community member, not a public attempt to smear the complainant. He maintained the phrase was a political critique rather than a racial slur.
Ethics commissioner Henri dismissed many of Feldman's explanations, noting that his version of events "significantly evolved" during the investigation. Henri found that "Ms. Gaza" was a "pejorative epithet" and that Feldman's "behaviour was neither dignified nor in keeping with his office."
Previous History and Sanctions
The ethics commissioner noted that on six previous occasions over the past 16 years, EMSB ethics commissioners have recommended that Feldman face sanctions—from formal reprimands to a one-month suspension—for conduct that tarnished reputations and showed a lack of respect and civility.
Henri had recommended a 15-day suspension from March 1 to March 15, during which Feldman would have been prevented from performing some duties but could still participate in public meetings. The decision also included a requirement for Feldman to read a public apology at a council meeting by April 30 and make a $250 donation to UNICEF.
Other Allegations Dismissed
The ethics commissioner dismissed two other allegations in Bel's complaint, finding insufficient evidence to support claims that Feldman spread false rumors about Bel supporting Hamas or that he convinced other candidates to repeat such rumors.
The EMSB is Quebec's largest English school board, serving approximately 35,000 students. The Gazette sought comments from Ortona and Feldman but did not receive responses by publication time.
