Ottawa Police Services Board

Minutes

Monday, 22 July 2002, 5:00 p.m.

Champlain Room, 110 Laurier Avenue West, Ottawa

Present: Councillor H. Kreling (Chair), Councillor J. Legendre (Vice-Chair)

Councillor D. Eastman, B. Farber, J. MacEwen, J. McCombie, D. Morin

SPECIAL PRESENTATION

Chair Kreling acknowledged the presence of Mr. Dick Stewart, who has been a very important part of the administration of municipal government in Ottawa for over thirty years. He was the former commissioner of Social Services for the Region, and the General Manager of People Services for the new City of Ottawa. Mr. Stewart has recently decided to retire.

Chief Bevan expressed his appreciation for Mr. Stewart’s dedication. He stated that with partners like Mr. Stewart, serving the community, especially youth, is made much simpler. The kind of support he provided to the Service and the mentoring to the community at large demonstrated the leadership role he played in the community.

Chair Kreling and Chief Bevan presented a plaque to Mr. Dick Stewart that read: Presented to Dick Stewart in recognition of a career of service to the people of Ottawa as a champion of Social Services.

Mr. Stewart thanked Chair Kreling, Chief Bevan and the staff of the Ottawa Police Service for years of cooperation with the People Services Department. He accepted the award on behalf of his colleagues and the community partners he has worked with over the years.

Declarations of Interest

Member McCombie declared a conflict of interest on Item #8 as he is a member of the organization requesting funding. He refrained from voting on the matter.

CONFIRMATION OF MINUTES

That the Ottawa Police Services Board confirm the Minutes of the 24 June 2002 meeting.

CARRIED

ITEMS OF BUSINESS

1. AWARD OF EXCELLENCE IN CRIME CONTROL

Chair Kreling introduced representatives from the Ottawa-Carleton District School Board which included Mr. Jim Libbey, Chair, Ms. Lynn Graham, Vice Chair, and Mr. John Brennan, Acting Director. He noted Mr. Brennan will be retiring this summer following a long and distinguished career.

Chief Bevan stated it was a pleasure to have the representatives of the School Board here, as well as Professor Ross Hastings, Detective Sgt. Ken Doyle, and Ms. Kathy White, who were all in attendance to receive the Award of Excellence in Crime Control.

He explained the Ontario Crime Control Commission was established in early 1997 to explore news ways to improve the justice system and to enhance the safety of the people of Ontario. Over 100 community forums have been conducted across the province, at which the commission has heard of excellent initiatives. In February 2002, the OPS responded to a notice from the Crime Control Commission which was searching for problem oriented policing projects. A submission was made on 13 February 2002 about the CADO Robbery Project. He read excerpts from the nomination submission to explain the role played by the Board of Education and by Professor Ross Hastings.

Mr. Brennan stated their presence this evening demonstrates the importance of participating with the Police Service on various issues. Mr. Libbey saw it as part of the stronger relationship developed since the amalgamation. He added that being involved in that partnership has helped enormously.

Chair Kreling and Chief Bevan presented the Award of Excellence in Crime Control to representatives which read the following: Award of Excellence for Fighting Crime 1) Presented to CADO Robbery Squad, Ottawa Police Service; 2) Presented to Professor Ross Hastings, University of Ottawa; 3) Presented to Ottawa-Carleton District School Board, signed this 15th day of March, 2002.

That the Ottawa Police Services Board and Chief V. Bevan formally present the Award of Excellence in Crime Control to the members of the “CADO” Robbery Squad, Professor Ross Hastings of the Ottawa University and Dan Wiseman of the Ottawa Carleton District School Board.

CARRIED

2. CHIEF’S VERBAL REPORT

Chief Bevan reported on the following items:

· Public Consultations on the G-8 and Agenda for Excellence

The Ottawa Police Service facilitated two public consultation meetings: one for the business community on 16 July; and the other for the general public on 17 July. The business meeting, unfortunately, was not well attended and other methods will be used to obtain the necessary feedback from this key area in the community. There has been some criticism, but they received very clear support for the value of the Major Event Liaison Team and positive endorsement of the direction of the Agenda for Excellence. Feedback included commendations on the professionalism of OPS officers and their approach during the two days of demonstrations. A large number of questions were also raised that the Service will review and respond to in a timely manner. A working group from the Police and activist community will be looking at continuing the discussions surrounding the Agenda for Excellence.

Also released on 16 July was the G-8 Witness Group’s report and recommendations from their observations and actions during the G-8, and the occupation of the vacant house at 246 Gilmour Street. There are some aspects of the Witness Group that are troubling and it is the OPS’s hope that the Group will work with the Police Service to continue their evolution to achieve a more balanced role in major events. The Agenda for Excellence working group will also be preparing responses to issues raised in that document.

· Representation at New Chief Ian Davidson’s Investiture Ceremony

On 4 July 2002, Deputy Chief Hill represented the Executive, and attended with a number of OPS members at the swearing-in ceremony of Chief Davidson. It was with a great deal of pride that members from the OPS watched Chief Davidson take the helm in Greater Sudbury. He left Ottawa Police after 22 years of exemplary service.

· Pride Week Activities

Ottawa Police members and the Police Liaison Committee for the Gay, Lesbian, Bisexual, and Transgender Community participated in a variety of events during the week of 8-14 July. The parade was the largest ever, with over 55,000 people in attendance.

· Air Support System

The Police Service has retained on contract the services of a pilot to supplement Air Support staffing and, essentially, double the number of hours the aircraft is available to support ground operations.

· Constable David Kirkwood Memorials

On 11 July, the Police Service commemorated the 25^th anniversary of the tragic death of Ottawa Police Constable David Kirkwood by holding a private solemn graveside service at Capital Memorial Gardens. Shortly after 9:00 p.m. on 11 July 1977, David Kirkwood and his training officer accompanied two detectives to a residence at 710 Gladstone to arrest a male on an outstanding warrant for assault causing bodily harm. Upon approaching the back of the house, Constable Kirkwood was shot through a rear window and died at the scene.

John McCombie represented the Board (he was the platoon commander that evening and was himself wounded during the incident). Deputy Chiefs O’Sullivan and Hill represented the Executive along with Association President Byron Smith, three members of Cst. Kirkwood’s recruit class, and other officers who had been involved that night in 1977. Reverend James Scott presided, and members of the Police Service’s Colour Party and Pipe Major Pat Hayes added to the solemnity of the event. Additionally, memorial displays were set up in the lobbies of the Police Service’s three buildings.

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

RECEIVED

3. REVIEW OF OPS RESPONSE TO DOMESTIC VIOLENCE COMPARED TO THE HADLEY CORONER’S INQUEST RECOMMENDATIONS

Chief’s report dated 16 July 2002

Member MacEwen congratulated Chief Bevan on an excellent report.

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

RECEIVED

4. AWARD OF CONTRACT: DELEGATION OF AUTHORITY - RENOVATION AND RELOCATION OF OPS STORES

Director General’s report dated 16 July 2002

Member Eastman raised a concern regarding the project management services. He noted the cost of the project itself shows an amount of $374,000, and that $125,000 for project management seems to be somewhat high. He asked for an explanation on the relationship of the project management fees to the construction costs.

Director General D. Frazer, explained the fee for the project management of the contract covers two projects that includes the OPS Stores relocation and the Property Facility relocation. She stated the capital works total approximately $5 million. Member Eastman thanked Ms. Frazer for her clarification.

Chair Kreling asked Ms. Frazer if bidders had been advised of an error in one of the bids. Ms. Frazer replied all bidders were advised of the irregularity with the lowest bid. She explained she had asked supply management to clarify the nature of the irregularity and whether there were any problems arising from the situation. She was told all contractors are aware of the rules and that there wouldn’t be an issue in awarding it to the second lowest bidder.

Chair Kreling asked Ms. Frazer why the amount of $125,000 was already determined if the majority is on a “yet to be announced” project. Ms. Frazer replied when the project was brought forward to the Board in February, there was a $7 million budget request, which was to relocate the property facility and OPS Stores to a new area. The total combined budget for that project would have been in the range of $8.5 million. She explained there was $1.5 million left over from previous capital work. The City of Ottawa came forward with a proposal at the time, and offered Swansea as an alternative location because they believed there was some excess capacity in the warehousing portion, and they might be able to build on that option at a lower cost. The final capital budget request was reduced to $3 million, adding up to a total budget of $4.5 million for the total project.

As the project evolved, they found there wasn’t as much capacity at Swansea as originally anticipated. Ms. Frazer stated that a very detailed report will be brought forward to the Board regarding this issue in September. After looking at other options, it was decided Leitrim was the best option. It will accommodate stores for approximately a seven year timeframe. She explained they need to launch the work on the project now because they will be moving both property and stores out of the Elgin Street location. Ms. Frazer stated that the total cost of the project would be approximately $4.5 to $5 million, and the $125,000 adds up to a small percentage of the total amount.

That the Ottawa Police Services Board:

1. award a construction contract to Bellevue Construction Ltd. (Orléans, Ontario) for a total contract provision of $374,286 including a contingency allowance and applicable taxes to renovate space for the relocation of OPS Stores to the Leitrim Station; and

2. approve the delegation of authority to the Chief of Police to award a contract for project management services related to the relocation of OPS Stores for an amount not to exceed $125,000 excluding taxes.

CARRIED

5. G7 MEETING COSTS AND FINANCING

Director of Financial Services and Materiels Management report dated 16 July 2002

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

RECEIVED

6. 2001 FOURTH QUARTER FINANCIAL REPORT

Director of Financial Services and Materiels Management report dated 16 July 2002

Vice Chair Legendre asked for clarification on the $1.8 million deficit, the fleet maintenance and fuel costs of $500,000 and the narrative in the report describing these deficits.

The Director General, Ms. Debra Frazer, explained that staff divided the deficit into normal operations costs, in which there was a small operating deficit of $189,000, and extraordinary costs totaling $977,000 for policing and security during Les Jeux de la Francophonie and for banked overtime following the events of September 11^th. Fleet maintenance and fuel costs added $500,000 for a total deficit of $1.8 million. Commenting on the report narrative, Ms. Frazer said staff would like to be able to identify the causes of the unexpected variance, to understand it and to budget for it in 2003. The Police Service was operating with two data systems in 2001 and the transition to the City's system midway through 2001 introduced a third one: all this contributed to the difficulty in sorting out exactly what drove the increase. Ms. Frazer indicated that staff will spend more time going through unit by unit histories to sort out the increase, so it can bring to the Board good information on where the costs are likely to be for this year and next. She drew Board Members’ attention to Annex A of the report which provides a clear identification of all costs.

Councillor Legendre said it was troubling to hear that with the Fleet Management Information System now part of the City of Ottawa Centre of Expertise these kinds of difficulties are still going on, and he feared this is likely the case in other areas. Mr. Frazer responded by saying that, from the Police Service perspective, the Centre of Expertise model will bring technical knowledge the Service has never had. It is recognized that the implementation of any system brings growing pains, but issues will be ironed out shortly. Ms. Frazer said the system is just getting to the point where it can deliver answers and staff is still on a learning curve.

Board Chair Kreling thanked the Director General for the explanation, saying the Board now has a better handle on the numbers. He pointed out that an operating deficit of $189,000 is not considerable in a $130 million operation, but he wanted to know how the Board would deal with the $1.8 million deficit for 2001 as it moves forward. Ms. Frazer explained that the Police Service is one of the entities consolidated into the City’s overall financial picture. Staff are consulting with Corporate Services staff to see what impact surpluses or deficits will have and what strategies will be used to deal with deficits. She added that, under the Police Services Act, the Board does not have the authority to make this determination. Chair Kreling felt it would be appropriate for staff to report back to the Board on the discussions between Police Services staff and the City’s administration on this matter.

Chief Bevan reminded the Board that the Service had written to the federal government at the Board’s direction, requesting funding to offset expenditures incurred as a result of Les Jeux de la Francophonie and other extraordinary events in 2001, and that a response had been received and circulated to the Board through the Executive Director. As noted in the Solicitor General of Canada’s response, the federal government will not be coming to our aid. In response to a question from Vice Chair Legendre, Chief Bevan stated there were also discussions with the federal government at a political level.

Member McCombie sought additional information regarding a $72,000 expenditure for “police rent”, listed on p. 25 of the report. Chair Kreling explained this relates to an agreement entered into by the former City of Gloucester for a storefront community police centre in Orleans prior to the amalgamation of police services in 1995. He did not know how much time was left on the lease, but assured Member McCombie that staff would be negotiating any future lease at a more attractive rate. Member McCombie requested that staff report back on when the lease is due to expire.

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

RECEIVED

7. ATTENDANCE AT 2002 CANADIAN ASSOCIATION FOR CIVILIAN OVERSIGHT OF LAW ENFORCEMENT ANNUAL CONFERENCE

Executive Director’s report dated 9 July 2002

That the Ottawa Police Services Board approve the attendance of Board members Jacques Legendre and Jim MacEwen at the 2002 Canadian Association for Civilian Oversight of Law Enforcement (CACOLE) Annual Meeting and Conference being held in St. John’s, Newfoundland from September 18-22, 2002.

CARRIED

8. FUNDING REQUEST: FBI 2003 RETRAINING CONFERENCE

Executive Director’s report dated 9 July 2002

(Note: Member McCombie declared a conflict of interest and did not participate in the vote on this item).

Vice Chair Legendre explained that before entering into politics, he came from an organization that participated in and organized many conferences, and that with very few exceptions conferences typically paid for themselves. He stated they were conferences that were organized to be self-financing, and he believed the same approach should be taken with this one. He did not mean to imply that the conference is not of importance, however, he suggested the organizers should charge a fee to those seeking training that will enable them to finance the conference.

Chair Kreling asked Chief Bevan if many OPS officers would be attending the retraining conference. Chief Bevan replied in the affirmative.

Member Farber agreed with Vice Chair Legendre’s comments and asked if there was any precedent concerning this matter and if other police boards had been asked to provide funding. Chair Kreling replied since the Ottawa Board had received the request he assumed other boards must have also been asked for sponsorship. He stated there is no procedure or set format for accepting or rejecting such funding requests.

Moved by J. Legendre

That the Ottawa Police Services Board not sponsor the FBI National Academy Associates New York State/Eastern Canada Chapter 2003 Annual Retraining Conference to be held in Toronto from July 6-9, 2003.

CARRIED as amended

9. CANADIAN ASSOCIATION OF POLICE BOARDS: RESOLUTIONS FOR CONSIDERATION AT 2002 ANNUAL GENERAL MEETING

Executive Director’s report dated 9 July 2002

Vice Chair Legendre thought it might be useful to go through the resolutions individually to determine whether or not the Board is supportive of them. He indicated he was not totally supportive of resolution 02-3 (Destruction of Equipment seized in Drug Operations). He found it strange that equipment would be destroyed when some of the parts could be used for other purposes. He proposed making a friendly amendment to the resolution.

Chair Kreling noted the Board has traditionally shied away from taking a position on these resolutions in the past as board members have not had the benefit of hearing the discussion at the conference. He suggested that Board members voice their concerns and requests for clarification now, and asked that members attending the conference raise them there, including Vice Chair Legendre’s friendly amendment.

Vice Chair Legendre also wished to bring forward an amendment to resolution 02-11 (Funding for Municipal Policing). He suggested that the costs associated with policing services “related to national and international issues” be added to the resolution, rather than addressing general additional funding as is currently expressed.

With respect to resolution 02-12 (Request for a Canadian Drug Strategy), Vice Chair Legendre noted it contains nine different points. He stated he is not in harmony with the second point, although he was unsure of his position on the matter.

He also referenced resolution 02-13 (Extra-Provincial Police Jurisdiction) which includes references to police complaints and civilian oversight. He noted that since two members of the Board will be attending the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE) conference in September, and the resolution seems to be an issue that would be of interest to CACOLE, perhaps it could be brought to their attention.

Chair Kreling noted that the three national policing organizations, the Canadian Association of Police Boards (CAPB), the Canadian Police Association (CPA), and the Canadian Association of Chiefs of Police (CACP), are attempting to present an united voice with respect to resolution 02-12 and other issues as well. He believed that quite a few of the resolutions will receive scrutiny and discussion at the Annual General Meeting, and added there will also be workshops at the conference so members can become more informed on some of the subjects.

That the Ottawa Police Services Board receive the Resolutions to be considered at the 2002 Canadian Association of Police Boards’ Annual Meeting on 23 August 2002.

RECEIVED

10. COMMENDATION LETTERS (SINCE LAST BOARD MEETING)

Chief’s report dated 16 July 2002

Vice Chair Legendre underlined the letters of appreciation received by the OPS regarding their work during the G8 Summit held in June 2002. He congratulated Chief Bevan and the OPS Staff for a job well done.

Chief Bevan thanked Vice Chair Legendre for his comments. He also expressed his gratitude toward all OPS members involved.

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

RECEIVED

OTHER BUSINESS

11. 2003 BUDGET GUIDELINES

Member Eastman wondered if the Board should provide direction to Police Services staff about what its bottom line should be, in light of the anticipated $31 million deficit in the City of Ottawa’s 2003 budget and the directive to city staff about maintaining a tax freeze. Board Chair Kreling thought that was a valid observation and suggested that, as a starting point, the Board should be circulated with a copy of the Budget Directions report, as approved by City Council at the July 24 meeting. This document will provide information on some of the measures Council and City staff will use to try to reduce or eliminate the shortfall. The document will also contain information on how numbers related to policing have been taken into consideration, and this could form the basis for the Board’s discussion.

Chief Bevan indicated that staff would be pleased to bring back a report in September so the Board can evaluate the impact of changes for the Service. The Director General, Ms. Frazer, added the report will also provide the Board with an opportunity to consider and approve the Police Service budget timetable in an effort to meet the aggressive City budget approval schedule.

When asked by Chair Kreling whether the suggested approach addressed his concerns, Councillor Eastman replied in the affirmative, but wondered whether, in light of the aggressive schedule alluded to by Ms. Frazer, things should happen sooner if the Board wants to take a leadership role. Ms. Frazer thought there would be sufficient time, noting City staff have indicated they would keep looking to bring the $31 million down; she believed this to be an indication that there are still opportunities to influence the outcome. Councillor Eastman said he was interested in whether Board members felt that additional direction should be given to staff.

Ms. Frazer confirmed for Chair Kreling that staff agree with the concept of bringing the report forward and that there will be time to have an impact if the report is presented at the September meeting.

Chief Bevan sought clarification, pursuant to observations made by Councillor Eastman, on whether the Board was asking staff to examine if potential cuts would need to be made beyond the City-imposed guidelines. Chair Kreling said he did not believe this was the case, rather that the Board would examine how it will meet its part of the budget challenge.

Responding to a request from Vice Chair Legendre, Legal representative Mr. D. Wilson, cited Section 39 of the Police Services Act, which provides that the Board shall prepare budget estimates that will go to the municipality. Council has the authority to accept the total budget figure brought forward or to come back with another total budget figure, but it cannot change specifics of the Police Service budget. After the municipality has made such an adjustment, if the Board feels there is inadequate funding for staff and equipment, the matter can be referred to the Ontario Civilian Commission on Police Services and that body will make a decision on the total budget number. Councillor Legendre said he thought it would be useful for Board members to have this information.

After further discussion, Chair Kreling directed that the budget directions report as approved by City Council be circulated to Board members, and that Police Services staff report back to the Board at the September meeting with a suggested approach on how to meet the City’s 2003 guidelines.

CONSIDERATION OF MOTION TO MOVE IN CAMERA

Moved by J. Legendre

That the Ottawa Police Services Board adjourn the public portion of its meeting to move In Camera to discuss confidential items pertaining to personnel matters, in accordance with Section 35(4)(b) of the Police Services Act.

CARRIED

ADJOURNMENT

The meeting adjourned at 6:15 p.m.

____________________________ _____________________________

W. Fedec H. Kreling

Executive Director Chair