Debra Lynn Webb - July 5, 2012 (2)
July 5, 2012
A complaint was filed with the Association against former member Ms. Debra Lynn Webb (Ms. Webb) alleging that Ms. Webb, as the Trustee for the Trust, failed to carry out the duties of the Trustee as prescribed by the terms of the Trust.
The Discipline Committee found Ms. Webb in breach of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 22, 2007 as follows:
- 1st Ethical Principle – Responsibilities to Society, 2nd Ethical Principle – Trust and Duties, 6th Ethical Principle – Responsibilities to the Profession, and R101 – Discredit as Ms. Webb failed to respond to telephone calls, facsimiles, emails and other written correspondence; failed to respond to requests regarding late payment of tuition fees; and, failed to provide evidence that she had completed the trust account reconciliations. And further, the Last Will and Testament of the complainant’s late husband made provisions for other persons to act as the Trustee in the event that Ms. Webb was “unwilling or unable to act or to continue to act” as the Trustee. The complainant was aware that the Trustee could only be changed by a Court Order and could not afford to engage legal counsel to effect the change of Trustee.
- R206 – Trusteeship and R206.1 – Money Held in Trust as Ms. Webb advised that the monthly account reconciliations were not maintained on a current basis; payments were not made in accordance with the terms of the trust, i.e. in a timely manner, and may have incurred interest on the outstanding amounts; and, no evidence was provided to confirm that a separate bank account for the trust existed.
The Discipline Committee found Ms. Webb in breach of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 20, 2008 as follows:
- R610 – Requirement to Reply in Writing and R611 – Assistance to the Board as Ms. Webb failed to respond to requests from the Association; failed to produce documents in her possession when requested to do so; and, failed to comply with requests from the Investigator in the exercise of her duties.
The Discipline Committee found that Ms. Webb was not in breach of the 4th Ethical Principle regarding Deceptive Information, of the Association's Code of Ethical Principles and Rules of Conduct in effect from September 22, 2007, as there was insufficient evidence to support a finding of breach.
- Barred from reinstatement;
- fined $5,000; and,
- assessed costs of $1,971.20.