MINUTES

OTTAWA-CARLETON POLICE SERVICES BOARD

CHAMPLAIN ROOM

27 JULY 1998

5:00 P.M.

 

PRESENT

Chair: Mr. P. Vice

Vice Chair: Councillor H. Kreling

Members: Mr. G. Baskerville, Ms. E. Buckingham, Councillor J. Legendre

 

REGRETS

Regional Chair B. Chiarelli, Ms. A. Boudreau

 

CONFIRMATION OF MINUTES

That the Ottawa-Carleton Regional Police Services Board confirm the Minutes of the 22 June 1998 meeting.

CARRIED

 

PUBLIC DELEGATIONS

Mr. Sarkis Partayan stated he was a victim of police persecution and brutality after he reported a case of police misconduct. He believed victims shouldn’t be further victimized or used as bait. He maintained it is the Police’s job to investigate and if the police fail in their investigation, victims shouldn’t be held responsible.

Councillor Legendre asked the speaker to elaborate on what he called persecutions. He assumed the speaker had reported an incident to the police and subsequently felt he was persecuted. Mr. Partayan stated that for instance, when he calls the police and identifies himself they say "Oh, it’s you again Sarkis", or he gets disconnected. He also claimed that falsified reports are common. He maintained this was a form of persecution. He noted the Professional Standards Division want complaints in writing. He argued some people lack certain skills and need help in this regard. He stated it is a scary process to deal with the police.

In response to further questions from Councillor Legendre, Mr. Partayan indicated he has filed several formal written reports. He also claimed to have suffered the loss of at least 30 bicycles within the span of eight years. He identified several of his bicycles at the property room and was told they couldn’t be returned to him because they were involved in investigations.

 

ITEMS OF BUSINESS

1. RESPONSE TO INQUIRY - RECOVERED STOLEN VEHICLES

(deferred from 25 May 1998 meeting)

- Chief’s report dated 20 July 1998

- Board Secretary’s memo dated 22 April 1998 and attached report from Chief

- Documentation submitted by R. Fleming previously distributed

Councillor Legendre noted the report states that in preparation for the renewal of the towing contract, there would be discussions held with industry representatives. He wondered if this had been done the first time and requested that in addition to consultation with the industry, staff seek a representative from the client community. He suggested the Canadian Automobile Association be approached on this matter. Supt. Hill stated extensive consultation had been done with the towing industry prior to the existing contract and staff are fully prepared to work with anyone in developing the new tender.

Chair Vice recalled there was a large working group currently involved and he expressed support for the inclusion of a representative from the client community. However, he wondered if the CAA might have a vested interest because of their own links to the towing industry. Councillor Legendre explained his intent is to have someone at the table who is not from the industry or the police, but who would represent the public’s perspective. He believed it is not the function of the Board to make a contract that appeals to the towing industry but rather, to make one that protects the public interest. Supt. Hill agreed the prime consideration is public interest and noted that was the foundation for the towing contract. He voiced Sgt. Lavigne’s suggestion of consulting the Ottawa-Carleton Regional Insurance Brokers Association for a client representative.

Councillor Legendre referred to the particular incident of the recovered Mercedes sports car and expressed his discomfort with the information received on the matter and the way the incident was handled. He did not believe the police did anything wrong but perhaps they could have done more. He felt a lesson could be learned from this incident. He thought the owner of the vehicle should have been told of the circumstances in which it was found and of the interest of the citizen who reported it. He maintained the owner of the vehicle may have wanted to reward the citizen by given him the opportunity to purchase it. He felt it is in the police’s interest to encourage citizens to come forward and report things that are unusual.

Chair Vice recalled this incident involved the OPP and believed the Regional Police Service uses a different protocol in these matters. Councillor Legendre maintained that since the OPP are under contract to the Ottawa-Carleton Regional Police Services Board, they should follow Ottawa-Carleton Police policies and practices. Chair Vice was unsure what arrangements were made when the Board entered into contracts with the OPP but agreed the public should be protected and the police should do everything they can to help people. Councillor Legendre added, it’s not just a matter of finding the owners but of communicating to them all of the circumstances and information they need in order to make a rational decision. That would include, at the scene of an accident, information on towing companies and costs, so that citizens are not penalized indirectly by a lack of information. Councillor Legendre was concerned that people are being charged more by firms referred by the police than what they would otherwise pay. He indicated he has received complaints of this nature. He believed such things can be rectified, at least partially, by making it policy for officers to have in their glove compartment pertinent information so that the public can make an informed decision.

Chair Vice asked staff to ensure that all efforts are made, in the public interest, to find the owners of recovered vehicles and to ensure all pertinent information is relayed to the parties involved. He noted that prior to entering into these contracts, he received more complaints about towing than any other issue and he believed the new contracts have improved the situation. He wondered if some of the complaints the councillor has heard about go back prior to these new contracts. Councillor Legendre indicated the complaints he has received are recent and speculated the contracts may have gotten rid of most of the problems, but that some fine-tuning remains to be done.

Supt. Hill stated that apart from having a CAA membership, the police-negotiated costs for towing are among the lowest in the region. As far as serving the public interest, the Police Service serves it very well in that regard. When the vehicle is not being impounded for evidence or legal purposes, each police officer gives the operator of the vehicle the option of towing privately or through the contract.

That the Ottawa-Carleton Regional Police Services Board receive these reports and the material provided by Ms. Rhonda Fleming-Mignault for information.

RECEIVED

 

2. PART V - POLICE SERVICES ACT

COMPLAINTS INVESTIGATIONS COMPLETED (AS OF JUNE 1998)

- Chief’s report dated 15 July 1998

Member Buckingham noted that at the June meeting Chief Ford indicated the Halton complaints report was more comprehensive and that the Ottawa-Carleton Police would work toward a similar model. She inquired what the timeline for this was. Inspector Brzozowski explained the Halton model had not been amended to reflect recent changes to the Police Services Act. He indicated staff are updating it to incorporate the new, relevant sections. The new format will be presented to the Board at the September meeting for the quarter ending that month.

Member Buckingham wondered if the new format would be presented to the complaints committee before tabling it with the Board. Inspector Brzozowski did not know whether it was the Chief’s intention to do so.

Member Buckingham recalled this issue was first raised in March and expressed her eagerness to have the matter resolved.

That the Ottawa-Carleton Regional Police Services Board receive this report for information.

RECEIVED

 

3. COMMUNICATIONS SERVICES

- Chief’s report dated 21 July 1998

Councillor Legendre expressed a strong desire not to have communication campaigns developed in one language and then translated. He argued such an approach does not work because social idioms in one culture can not be translated and applied to another. Mr. D. Pepper, Director of Community Development, confirmed this would not be the case. One of the questions asked of vendors interviewed for the RFP was their capacity to undertake a campaign in both official languages and approach it from a process of adaptation and a parallel translation.

Mr. Pepper indicated the Police Service is fortunate to have internal partnerships with regional departments, in particular the Health Department, that have done a fair amount of the initial work with the francophone populations in Ottawa-Carleton in terms of the development of social marketing campaigns; marketing campaigns that try to have as their premise a change in behavior and a change in understanding about the services being delivered. He assured the Board the campaigns will be produced in both official languages and will be relevant to the targeted audiences.

In response to a question from Councillor Legendre, Mr. Pepper indicated the evaluation team mentioned on page 30 of the report was comprised of a representative from the Health Department; someone currently on secondment to the financial services from the Information and Public Affairs Department; the communications coordinator of the Regional Police Service and a staff person.

Member Buckingham noticed the budget for this contract uses up almost all the money in that line item, yet it only includes services and not specific media expenses or communication tools. Mr. Pepper explained there is another portion of the budget which covers those expenses.

Member Buckingham was delighted to see that the Website design is included in this contract and wondered if the site at www.compmore.net/~police/ was an authorized site. Mr. Pepper referred to it as a semi-authorized site. He explained that the Service controls the content of it. In response to a further question from Member Buckingham, he indicated references to the old Nepean Police Service would be removed imminently. He also confirmed the intent is to have one official website for the Ottawa-Carleton Regional Police Service.

That the Ottawa-Carleton Regional Police Services Board approve the award of a one year contract for the provision of communications services for the Police Service to the firm of "GPC Communications" of Ottawa in accordance with the "per diem" rates submitted in their response to proposal 0915-03-P2/98, up to $90,000, including GST.

CARRIED

 

4. 1997 OPERATING RESULTS

- Director General’s report dated 15 July 1998

Member Buckingham was astounded that a similar report had been presented to the Regional Corporate Services and Economic Development Committee on the 16th of June, to Regional Council on the 24th, and is just now coming before the Board, which should have ultimate responsibility for it, especially given the concerns voiced at the last Board meeting about the potential usurping of the Board’s governance role in the proposed adequacy standards. She wondered why this report would not have been tabled with the Board on the 22nd of June. Ms. D. Frazer, Director of Finance, explained that in this case, staff received the report from the Regional Finance Department at the same time it was tabled with the CSED Committee. There wasn’t any consultation with Police Service staff about the tabling process for the year-end results. Unfortunately, the timing of the Region’s release precluded staff from getting the report on to the Board’s June Agenda. She believed Mr. Kanellakos would be raising these issues with the Commissioner of Finance and working on a schedule that recognizes the Board’s need to see such reports in advance. However, she noted the delays in this year’s budget coinciding with the normal year-end caused normal protocols to be short-changed.

Member Buckingham wondered if the Board should voice its concerns to Regional Council. Ms. Frazer explained the issue of the budget process will be addressed through a sub-committee being established by the Region.

Vice Chair Kreling confirmed Regional Council is establishing a budget priorities sub-committee. The sub-committee will be discussing what directions to give to departments, special purpose bodies and external agencies in preparation of their 1999 draft budgets. He indicated he would keep the Board apprised of those discussions.

Member Baskerville requested an update on the issue of the OMERS revenue. Ms. Frazer believed the Region’s Finance Commissioner and the Treasurer of the City of Ottawa have been negotiating the amounts and the process. She hoped there would be an agreement in September.

That the Ottawa-Carleton Regional Police Services Board receive this report for information.

RECEIVED

 

5. THOMAS G. FLANAGAN, S.C. SCHOLARSHIP

- Chief’s report dated 14 July 1998

Councillor Legendre requested that the word "scholarship" be added in front of the word "candidates" in recommendation 3. He reasoned that in reading the recommendations, it is unclear whether it refers to candidates for the scholarship or for the selection committee.

He also requested that the application forms not only be available in both official languages but that they be available on the same piece of paper. He believed if they’re available on separate pieces of paper, it will sometimes happen that the one pile gets forgotten.

Mr. Pepper indicated that whatever direction the Board provides, staff will move forward in their efforts to have the Flanagan Scholarship, which has been in place for 5 years, advance to a new level in which it is more public, attains a higher profile and is targeted at a broad range of areas in which eligible candidates may be found. This will include all of the universities and community colleges.

Chair Vice had some questions about the definition of "visible minority" and how people might get information as to who qualifies. He wanted to make sure the service reaches every possible person. Mr. Pepper indicated his understanding of the provision of visible minority is that it is self-declared. There’s no other test by which it would be verified. He also re-iterated a higher profile is one of the goals in trying to promote the scholarship, and that consequently staff intend to work more closely with the high school system, colleges and universities, and with the community foundation.

Councillor Legendre wanted it made clear that the submission of supporting materials in either official language be equally acceptable. He reasoned that, in terms of the number of complaints his office receives from the francophone community, a disproportionate number of them come from the visible minority portion of the francophone community. This would at least go some way towards making the process a little more comfortable for them.

As a member of the selection committee, Member Baskerville did not see a problem with receiving and evaluating french applications. He indicated that based on his federal government assessment, he felt competent to read french text and fully understand it. He also noted that Staff Sergeant Savage, who also sits on the selection committee, is fully bilingual. He indicated the possibility has been discussed and if necessary, the committee will seek another person to handle such applications.

Moved by J. Legendre

That recommendation 3 be amended to read:

3. Approve a selection process that requires scholarship candidates to complete a one-page application and submit it along with a résumé, transcript of marks, two letters of support from a non-family member and a short essay on an assigned topic.

CARRIED

Moved by J. Legendre

That a bilingual application form be used for the Thomas G. Flanagan, S.C. Scholarship Award.

CARRIED

Moved by J. Legendre

That the submission of supporting material in either official language be equally acceptable for the Thomas G. Flanagan, S.C. Scholarship Award.

CARRIED

 

That the Ottawa-Carleton Regional Police Services Board:

1. Continue to support and enhance the Thomas G. Flanagan, S.C. Scholarship Award through its Selection Committee, comprised of a representative selected each year from the Police Services Board, Executive Office, Police Service and volunteer with the Diversity and Race Relations Section of the Ottawa-Carleton Regional Police Services;

2. Approve administrative changes to the Community Foundation of Ottawa-Carleton agreement for the establishment and operation of the Thomas G. Flanagan Award Fund to reflect the amalgamation of policing services in Ottawa-Carleton;

3. Approve a selection process that requires scholarship candidates to complete a one-page application and submit it along with a résumé, transcript of marks, two letters of support from a non-family member and a short essay on an assigned topic;

4. Approve deadlines for future year scholarship applications as: 15 March 1999, 13 March 2000 and 12 March 2001;

5. Approve the presentation of the Thomas G. Flanagan, S.C. Scholarship Award to be given annually during Police Week;

6. Approve the goal of expanding the capital base for the Scholarship through donations and have police staff review the possibility of planning activities to acquire more donations;

7. Correspond with Chief Thomas G. Flanagan, S.C. (Retired) to inform him of the changes to date;

8. Receive a further review of these procedures in three years;

9. Approve that a bilingual application form be used for the Thomas G. Flanagan, S.C. Scholarship Award; and

10. Approve that the submission of supporting material in either official language be equally acceptable for the Thomas G. Flanagan, S.C. Scholarship Award.

CARRIED as amended

 

6. CANADA DAY - BRIEFING NOTES

- Chief’s report dated 15 July 1998

That the Ottawa-Carleton Regional Police Services Board receive this report for information.

RECEIVED

 

7. UPDATE - OSGOODE AND RIDEAU CHANGEOVER

- Deputy Chief Mackie’s report dated 21 July 1998

That the Ottawa-Carleton Regional Police Services Board:

1. Receive this report for information; and

RECEIVED

2. Forward a copy of this report and other transition materials to the Ontario Civilian Commission on Policing Services for their information.

CARRIED

 

8. LETTER FROM MAYOR OF RIDEAU

TOWNSHIP RE FALSE ALARM REDUCTION BY-LAW

- Board Secretary’s report dated 20 July 1998 and

attached letter from Mayor of Rideau dated 16 July 1998

Vice Chair Kreling suggested the Board formally respond to Mayor Brooks thanking him for his correspondence. He believed the response should indicate that the Board is unable to accept the suggestion of grand-fathering, and explain the process and consultation that took place as part of the formulation of the by-law so the mayor will have that information for his constituents.

Deputy Chief Mackie suggested staff could make a presentation to the residents of Rideau Township and explain the criteria around the false alarm by-law.

Chair Vice supported replying to Mayor Brooks as suggested by Vice Chair Kreling, offering to hold a community presentation.

Moved by H. Kreling

That the Ottawa-Carleton Regional Police Services Board write to the Mayor of Rideau thanking him for his letter and:

1. stating that we are unable to accept the grandfathering of alarm system registrations;

2. advising him of the consultations, data and process of preparing the False Alarm Reduction By-law; and

3. offering to have representatives of the police service meet with the Township Council and residents on this issue if deemed necessary by the Township.

CARRIED as amended

 

9. REGULAR REPORT FROM THE CHIEF AND OPP INSPECTOR

- verbal update from Chief B. Ford and Inspector L. Beechey

OPP Staff Sergeant P. Barager reported on an arrest of two subjects involved in 50 residential break-ins in Kanata, Smith Falls, Perth, Carleton Place and West Carleton. She also reported on the first quarter report of the Break and Enter team in Kanata and Goulbourn. From January 1 to April 30, 1998, residential break-ins were down 45% in Kanata and 58% in Goulbourn.

Deputy Chief Mackie publicly commended the transition process for Rideau and Osgoode Townships. The transition went well and the Service has received some positive comments. He noted a considerable amount of planning goes into such a transition from an operations perspective. He indicated a full report will be submitted to the Committee to Unify Police Services (CUPS) and to the Board.

That the Ottawa-Carleton Regional Police Services Board receive this report for information.

RECEIVED

 

OTHER BUSINESS

10. Policy Sharing

- Secretary’s memorandum dated 24 Jul 98

Chair Vice explained this issue was discussed at the last Big 12 meeting. He felt that Niagara had taken some good initiatives and noted the costs would be under $1,000 if all 12 Boards contribute. He believed four of the Boards have already responded positively. He suggested making the Ottawa-Carleton Regional Police Services Board’s approval conditional on a certain number of boards participating.

Member Baskerville wondered if being the only other Big 12 board to come forward would mean having to pay half the costs. If that’s the case, he wondered if it would be worthwhile. He believed the policies they have in place address all the current requirements and would serve as a good basis on which to form OCRPS polices. There will be future expenses to draft policies in line with the new police regulations. He supported the concept of apportioning the development of these policies to the various boards to cut down the total costs.

A discussion ensued with respect to the potential costs and related value of the expense. There was some reluctance to commit in light of the uncertainty about the number of boards that would participate and final costs.

Member Buckingham suggested putting forward a motion that the Ottawa-Carleton Police Board will provide up to $3,000 in 1998 and if the costs exceed that, the decision will be reconsidered.

Ms. Fedec noted the Niagara Board is asking for two things, a contribution to the $8,000 that’s already been spent plus a commitment to share in the cost of future work. In that regard, she asked for a clarification of the intent of Member Buckingham’s motion.

Chair Vice believed the intent was to commit to a total of $3,000 at this time for both purposes. He hoped a small part of that would go towards the $8,000 and that the remainder would go toward the development of new policies.

Moved by E. Buckingham

That the Ottawa-Carleton Regional Police Services Board agree to share the costs of policy development undertaken by the Niagara Regional Police Services Board up to a cost of $3,000 in 1998, and that if its share exceeds this amount, the Board will reconsider its commitment.

CARRIED as amended

 

11. PUBLIC COMPLAINTS 98-091 AND 98-096

Councillor Legendre felt the Board should deal with the appeal filed by Ms. Houde and the Board Secretary’s suggestion of a thirty day extension. Member Buckingham clarified it was the Complaints Committee’s decision whether or not to grant an extension. Accordingly, she suggested holding a brief committee meeting after the Board meeting to deal with the matter.

 

12. CAPB CONFERENCE RESOLUTIONS

Councillor Legendre expressed some discomfort with two of the resolutions submitted for discussion at the Canadian Association of Police Boards’ Conference in August. He stated he would feel more comfortable if delegates from this Board were able to debate the resolutions knowing they had the backing of the Board.

He questioned resolution number 6 which recommends that the CAPB request the Minister of Justice and the Solicitor General of Canada to examine the merits of mandatory maximum life sentences, without parole, for people importing and trafficking in large quantities of narcotic substances. Following some explanation from Ms. Fedec, the councillor indicated his level of comfort with the resolution would be increased if it defined the term "large quantities" and specified the types of drugs being targeted.

Councillor Legendre also questioned resolution number 8 which addresses police having the ability to track whether a pardon had ever been issued. He indicated his understanding of a pardon was that the slate was truly wiped clean; this resolution is contrary to that concept.

Chair Vice wondered if other Board members objected to adding the qualifiers raised by Councillor Legendre.

Member Baskerville stated he could support the Councillor’s position in principle, but thought it was important to hear debate and get more information on the intent of the resolutions. He indicated Ottawa-Carleton Board members attending the conference could keep these concerns in mind and step forward to voice them, if others had not already done so in the course of debate.

 

INQUIRIES

1. Attendance at IACOLE Conference

Councillor Legendre wondered if any members of the Board had expressed an interest in attending the International Association for Civilian Oversight of Law Enforcement (IACOLE) conference in October. He indicated that though he was not sure yet whether his schedule would permit it, he would be interested in attending. The Board granted approval for the Councillor to attend either the IACOLE or the CACOLE (the Canadian equivalent) conference should he decide to do so.

 

2. Letter Re: Break-down on Queensway

Councillor Legendre referred to a letter that Board members received concerning a motor vehicle break-down on the Queensway. The incident occurred during the morning traffic rush hour and seven OCRPS cars went by without any of them stopping to assist the motorist. The councillor found this strange and asked that staff report back in due course with a reasonable explanation.

 

3. Letter Re: Unauthorized Use of OCRPS Crest

Councillor Legendre referred to a letter concerning the unauthorized use of the OCRPS crest. The letter was written by an RMOC Solicitor to the security firm SecurWorks. In the letter, the Solicitor speaks on behalf of the Police Board. The councillor did not recall the subject being discussed by the Board, therefore he felt the solicitor was speaking for the Board without being authorized to do so. He requested an explanation in due course.

 

4. Complaint Re: Availability of French Language Services at West Division

Councillor Legendre relayed a complaint he received from a citizen who called the Elgin Street office and was subsequently referred to Greenbank Road. Upon contacting the West Division, the citizen was told, in a very arrogant tone, that no one there spoke french. He hoped the Service’s Official Language Policy was not geographical. Deputy Chief Mackie indicated the complaint would be looked at in terms of specifics but stated the Chief’s direction is quite clear that anyone calling any of the police offices should be dealt with at that time, in the official language of their choice.

 

5. Incident of Gun-Carrying Student

Councillor Legendre referenced an incident that occurred just prior to the end of the school year in which the police called a school to warn them that a student was on his way there and was armed with a gun. He hoped the police did more than just call the school to warn them, and that an officer was dispatched to the school. Deputy Chief Mackie indicated it is clear protocol to dispatch police, usually more than one officer, whenever a call involves a firearm. Councillor Legendre asked for a report indicating what actions were taken by the police in this incident.

 

IN CAMERA

That the Ottawa-Carleton Police Services Board move In Camera to discuss a personnel matter, in accordance with Section 35(4)(b) of the Police Services Act.

CARRIED

 

ADJOURNMENT

The meeting adjourned at 6:35 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

____________________________ _____________________________

W. Fedec P. Vice

Secretary Chair