1.1 GOVERNANCE COMMITMENT

The purpose of the Board, on behalf of the residents of the City of Ottawa, is to provide civilian oversight to the activities of the Ottawa Police Service. This includes:

1. Ensuring the organization achieves appropriate results for appropriate persons at an appropriate cost through the establishment of policies that define adequate and effective policing [2], and

2. Playing a key role in ensuring that the organization carries out its actions and activities in an acceptable manner[3].

1.2 GOVERNING STYLE

The Board will govern with a style that emphasizes:

.1 outward vision

.2 diversity in viewpoints

.3 strategic leadership

.4 clear distinction of the Board’s and the Chief’s roles

.5 collective decisions

.6 future orientation

.7 proactivity rather than reactivity

.8 openness and transparency.

Accordingly, the Board will:

1. Operate in all ways mindful of its civic trusteeship obligation to the people of the City of Ottawa. No Board officer, committee or member will hinder this commitment.

2. Direct, control and inspire the organization through the careful establishment of the broadest organizational policies reflecting the community’s values and perspectives about ends to be achieved and means to be utilized.[4] The Board’s major policy focus will be on the intended long-term effects outside the organization, not on the administrative means of attaining those effects.

3. Ensure the continuity of governance capability through orientation of new members to the Board’s governance process.

4. Cultivate a sense of group responsibility. The Board, not the Chief or the Board Executive Director, will be responsible for excellence in governing. The Board will be the initiator of policy, not merely a reactor to staff initiatives. The Board will use the expertise of individual Board members to enhance the ability of the Board as a body rather than to substitute individual judgements for the Board’s values. The Board will allow no officer, individual, or committee of the Board to hinder or be an excuse for not fulfilling Board commitments.

5. Monitor and discuss the Board’s process and performance at least annually. Self-monitoring will include comparison of Board activity and its adherence to polices in the Governance Process and Board-Chief Linkages categories.

6. Enforce the necessary discipline to govern with excellence. Such discipline will apply to:

.1 policy making principles

.2 respective roles

.3 speaking with one voice

.4 rules of order

.5 attendance

1.3 BOARD JOB DESCRIPTION

The job of the Board is to represent the “public ownership” in determining appropriate organizational performance. Under the provisions of the Police Services Act as amended, and associated regulations, the Board also has several statutory obligations. To distinguish the Board’s own unique job from the jobs of the Chief, sworn officers and civilian staff, the Board will concentrate its efforts on the following job “products” or outputs:

1. The link between the Ottawa Police Service and the community at large. Accordingly, the Board will:

a) hold an extra meeting up to four times a year in different parts of the City to solicit input from local communities and the public, on areas of interest or concern to them.[5]

b) survey residents at least every 3 years to collect data on the level of community satisfaction with police service.[6]

c) consult with Municipal Council, school boards responsible for students within the City of Ottawa, community organizations and groups, businesses, and members of the public during the development of its business plan.[7]

d) support the activities by other bodies (public or private) that result in outcomes that complement those of the Ottawa Police Service.

e) respond to proposed legislative, regulatory changes, special studies and reports affecting the provision of police services.

f) actively build relationships:

i) by adopting procedures and policies that encourage and engage dialogue with the public

ii) at the political level (local, provincial and federal)

(1) by sharing crime call and public disorder analysis data and information on crime trends with Council, school boards, community organizations and groups, businesses and members of the public.[8]

(2) by providing copies of the Board’s annual meeting schedule, meeting agendas, business plan and annual report to Council.[9]

iii) with other police services board members at the provincial and national levels by being represented by at least one (1) Board member at:

(1) both the Ontario Association of Police Service Boards (OAPSB) and the Canadian Association of Police Boards (CAPB) annual conferences.

(2) regular Zone meetings of the OAPSB.

(3) regular meetings of the twelve largest (“Big 12”) police service boards in Ontario.

2. Written governing policies which, at the broadest levels, address:

a) Governance Process: Specification of how the Board conceives, carries out and monitors its own task.

b) Board-Chief Linkages: How power is delegated and its proper use monitored; the Chief’s role, authority and accountability.

c) Chief’s Requirements: Outline of how the Chief must exercise his authority. It establishes the prudence and ethics boundaries within which all executive activity and decisions must take place.[10]

d) Ends to be Achieved: Organizational products, impacts, benefits, outcomes, recipients, and their relative worth (what good for which needs at what cost).[11]

3. The assurance of Chief’s performance (against policies in Ends to be Achieved and Chief’s Requirements). [12]

4. Its statutory obligations not otherwise addressed by other policies, specifically:

a) Recruiting and appointing the Chief, any Deputy Chief, or civilian equivalent and annually determining their remuneration and working conditions, taking their submissions into account.[13]

b) Reviewing the Chief’s administration of the complaints system under Part V of the Police Services Act.[14]

c) Reviewing complaints made about the conduct of the Chief or a Deputy Chief.[15]

d) Appointing members of the municipal police force.[16]

e) Upon being notified that the Chief of Police has discharged a firearm in the performance of his/her duty, will cause an investigation into the circumstances and file a report on the investigation with the Solicitor General.[17]

f) Upon receiving a report on the investigation into an injury or death caused by the discharge of a member’s firearm, will:

i) review the report and make further inquiries as necessary; and

ii) file a copy with the Solicitor General, including any additional inquiries of the Board; [18]

5. Recruiting, appointing and evaluating staff that report directly to the Board, in consultation with the Director of Secretariat Services.[19]

1.4 CHAIRPERSON’S ROLE

The role of the Chairperson is, primarily, to preserve the integrity of the Board’s process and, secondarily, to occasionally represent the Board to outside parties. The Chairperson is the only Board member authorized to speak for the Board (beyond simply reporting Board decisions), other than in rare and specifically authorized instances.

1. The role of the Chairperson is to ensure that the Board behaves consistently with its own policies.

a) Meeting discussion content will only be those issues which, according to Board policy, clearly belong to the Board.

b) Deliberations will be fair, open, and thorough, but also efficient, timely, orderly, and kept to the point.

2. The authority of the Chairperson consists of making decisions that fall within the topics covered by Board policies on Governance Process and Board-Chief Linkages, except where the Board specifically delegates portions of this authority to others. The Chairperson is authorized to use any reasonable interpretation of the provisions in these policies.

a) The Chairperson is empowered to chair Board meetings with all the commonly accepted power of that position (e.g. ruling, recognizing).

b) While it is recognized that the Chairperson and the Chief need a good working relationship and ongoing dialogue, the Chairperson has no authority to make decisions about policies created by the Board within Ends to be Achieved and Chief’s Requirements policy areas. Therefore, the Chairperson has no authority to supervise or direct the Chief. Only the Board as a whole can direct the Chief.

c) The Chairperson may represent the Board to outside parties in announcing Board-stated positions and in stating Chair decisions and interpretations within the area delegated to him or her.

d) The Chairperson may delegate this authority but remains accountable for its use.

1.5 BOARD COMMITTEE PRINCIPLES

Board committees, when used, will not interfere with the wholeness of the Board’s job and will not interfere with delegation from Board to the Chief. Committees will be used sparingly, only when other methods have been deemed inadequate. Accordingly,

1. Board committees are to help the Board do its job. Committees ordinarily will assist the Board by preparing policy alternatives and implications for Board deliberation. In keeping with the Board’s broader focus, Board committees will not have dealings with current staff operations. [20]

2. Board committees may not speak or act for the Board except when formally given such authority for specific and time-limited purposes such as with collective bargaining. Expectations and authority will be carefully stated in order not to conflict with authority delegated to the Chief.

3. Board committees cannot exercise authority over staff[21].

4. Board committees are to avoid over-identification with organizational parts rather than the whole. Therefore, a Board committee which has helped the Board create policy on some topic will not normally be used to monitor organizational performance on that same subject.

5. Committees will be used sparingly and ordinarily in an ad hoc capacity. Notwithstanding this, to meet its legislated responsibilities under the Police Services Act as amended the Board will have standing committees each comprised of two or three Board members[22] to deal with:

i) policy or services complaints. The Complaints Committee will review decisions of the Chief with respect to policy and services complaints at the request of the complainant and issue a report within 30 days to the Board for approval as required by Part V of the PSA.[23]

ii) human resource issues. The Human Resources Committee will be responsible for dealing with collective bargaining and labour grievance issues. The committee in consultation with the Chief, and labour relations specialists, will develop a position for collective bargaining with the respective Associations representing groups of sworn officers or civilian members[24] for Board consideration. One or more members of the committee will participate in bargaining sessions. The committee will also review and render decisions on grievances pertinent to labour contracts that it has with the Associations.

Each committee will obtain direction from the Board for its activity and will report back on its activities on a regular basis.

6. This policy applies to any group that is formed by Board action, whether or not it is called a committee and regardless of whether the group includes non-Board members. It does not apply to committees formed under the authority of the Chief.

1.6 ANNUAL BOARD PLANNING CYCLE

To accomplish its job outputs with a governance style consistent with Board policies, the Board will follow an annual agenda which (a) completes a re-exploration of Ends to be Achieved policies annually and (b) continually improves its performance through attention to Board education and enriched input and deliberation.

1. The cycle will conclude each year on the last day of May in order that administrative budgeting can be based on accomplishing a one year segment of the most recent Board long-range vision.

a) in the first one or two months of the new cycle, the Board will develop its agenda for the ensuing one year period.

b) To complete and start the next cycle, the Board will consider key issues which need to be addressed during the City of Ottawa’s budget process for the next fiscal year.

2. Education, input and deliberation will receive paramount attention in structuring the series of meetings and other Board activities during the year.[25] To the extent feasible, the Board will identify those areas of education and input needed to increase the level of wisdom and forethought it can give to subsequent choices.

3. The sequence derived from this process for the board planning year ending May 31st is as follows.

a) June: Celebration; review of past year; contemplation of improvement areas, debate on how much and what improvements to focus on for the coming year.

b) September: Continuation of June agenda, but with decisions on a rough agenda for the year, other groups to be involved for input, and Board education needs.

c) October: Annual review of Chief’s Requirements.

d) January: Annual review of Governance Process and Board-Chief Linkages policies.

The evaluation of the Chief’s performance which is synonymous with evaluating the performance of the organization, will be carried out concurrently with this schedule (i.e., evaluation of Ends to be Achieved and compliance with Chief’s Requirements in March).

1.7 BOARD MEMBERS’ CODE OF CONDUCT

The Board expects of itself and its members ethical and business like conduct in accordance with the Police Services Act and associated Regulations. This commitment includes proper use of authority and appropriate decorum in group and individual behaviour when acting as Board members. Accordingly,

1. Board members must represent unconflicted loyalty to the interests of the community. This accountability supersedes any conflicting loyalty such as that to advocacy or interest groups and membership on other boards or staffs. This accountability supersedes the personal interest of any Board member acting as an individual consumer of the organization’s services.

2. Board members must avoid any conflict of interest with respect to their fiduciary responsibility.

a) There must be no self-dealing or any conduct of private business or personal services between any Board member and the organization except as procedurally controlled to assure openness, competitive opportunity and equal access to “inside” information.

b) Board members must not use their positions to obtain employment in the organization for themselves, family members, close associates or their firms.

c) Should a Board member be considered for employment, he/she must temporarily withdraw from Board deliberation, voting and access to applicable board information.

3. Board members may not attempt to exercise individual authority over the organization[26].

a) Board members’ interaction with the Chief or with staff must recognize the lack of authority in any individual Board member or group of Board members.

b) Board members’ interaction with the public, press or other entities must recognize the same limitation and the similar inability of any Board member or Board members to speak for the Board.

c) Board members will make no judgements of the Chief or organizational performance except as that performance is assessed against explicit Board policies by the official process.

4. Members will respect the confidentiality appropriate to issues of a sensitive nature and those items discussed in closed meetings.

5. Board members shall not violate or cause to be violated, any legislated act, standard or regulation, or by-law that relates to the governance of a police service.

1.8 ROLE OF THE EXECUTIVE DIRECTOR

The job of the Executive Director is to assist the Board in administering and co-ordinating its business to ensure efficiency of operation. Accordingly, the Executive Director will:

1. Serve as the administrative link between the Board, the Chief, the Board’s legal counsel and labour negotiator, committees of the Board, the media and members of the community.

2. Act as the main resource to the Board for organizing meetings, creating the agenda in consultation with the Chair, taking minutes, and writing correspondence to reflect Board decisions.

3. Ensure that all Board members are kept fully informed of any developments upon which they may have to act.

4. Provide accurate and up-to-date information on Board related documents.

5. Manage and organize the flow of information and documentation.

6. Maintain a current record of Board resolutions requiring further or future actions and to keep the Board informed of these matters.

7. Organize and maintain an annual calendar of monitoring and other reports to be received by the Board.

8. Review correspondence, reports and current legislation in preparation for Board meetings and advise the Board with respect to it.

9. Provide procedural, historical and policy information to the Board as required.

10. Conduct research, analysis and write reports for and on behalf of the Board as required.

11. Prepare and monitor the Board’s budget.

12. Liaise with municipal and provincial government officials and with staff of other police services boards.

1.9 COST OF GOVERNANCE

Because poor governance costs more than learning to govern well, the Board will invest in its governance capacity. Accordingly,

1. Board skills, methods, and supports will be sufficient to assure governing with excellence.

a) Training and retraining will be used to orient new members as well as to maintain and increase existing member skills and understandings.

i) All Board members will undergo any training that the Solicitor General may provide or require.[27]

b) Outside monitoring assistance will be arranged so that the Board can exercise confident control over organizational performance.[28]

c) Outreach mechanisms will be used as needed to ensure the Board’s ability to listen to community viewpoints and values.

2. Costs will be prudently incurred, though not at the expense of endangering the development and maintenance of superior capability. Funds will be allocated as required each year for:

a) training, including attendance at conferences and workshops.

b) third-party monitoring of organizational performance.

c) surveys, focus groups, opinion analyses, and meeting costs.

2.1 CHIEF OF POLICE’S ROLE

The Chief of Police is accountable to the Board acting as a body. The Board will instruct the Chief through written policies. Interpretation, implementation and detailed operational policy development are the purview of the Chief.[29]

2.2 DELEGATION TO THE CHIEF OF POLICE

All Board authority is delegated through the Chief[30], so that all authority and accountability of staff/members - as far as the Board is concerned - is considered to be the authority and accountability of the Chief.

1. The Board will direct the Chief to achieve certain results, for certain recipients, at a certain cost through the establishment of Ends to be Achieved and identify the boundaries of acceptable practices and conduct through the establishment of Chief’s Requirements Policies.

2. The Chief is authorized to establish all further policies, make all decisions, take all actions, establish all practices, and develop all activities that are consistent with the Board’s Ends to be Achieved and Chief’s Requirements.

3. The Board may change its Ends to be Achieved and Chief’s Requirements policies, thereby shifting the boundary between Board and Chief domains as long as it does not contravene existing legislation and associated regulations. By so doing, the Board changes the latitude of choice given to the Chief. But so long as any particular delegation is in place, the Board and its members will respect and support the Chief’s choices. This does not prevent the Board from obtaining information in the delegated areas.

4. Only decisions of the Board acting as a body are binding upon the Chief.

a) Decisions or instructions of individual Board members, officers, or committees are not binding on the Chief except in those instances when the Board has specifically authorized such exercise of authority and has advised the Chief of such authority.[31]

b) In the case of Board members or committees requesting information or assistance without Board authorization, the Chief can refuse such requests that require, in the Chief’s judgement, a material amount of staff time or funds or are disruptive.

2.3 CHIEF’S JOB DESCRIPTION

As the Board’s single official link to the operating organization, the Chief’s performance will be considered to be synonymous with organizational performance as a whole.

Consequently, the Chief’s job contributions can be stated as performance in only two areas[32]:

1. Organizational accomplishment of the provisions of Board policies on Ends to be Achieved.

2. Organization operation within the boundaries of practice and conduct established in Board policies on Chief’s Requirements.

2.4 MONITORING THE CHIEF’S PERFORMANCE

Systematic and rigorous monitoring of the Chief’s job performance will be solely against the expected Chief’s job outputs: organizational accomplishment of board policies on Ends to be Achieved and organizational operation within the boundaries established in board policies on Chief’s Requirements. Accordingly,

1. Monitoring is simply to determine the degree to which Board policies are being fulfilled. Information that does not do this will not be considered to be monitoring. Monitoring will be as automatic as possible, using a minimum of Board time so that meetings can be used to create the future rather than to review the past.

2. A given policy may be monitored in one or more of three ways:

a) Internal Report: Disclosure of compliance information to the Board from the Chief.

b) External Report: Discovery of compliance information by a disinterested, external auditor, inspector or judge[33], or by the Ministry of the Solicitor General as part of their regular audit of a police service. Such reports must assess executive performance only against policies of the Board, not those of the external party unless the Board has previously indicated that party’s opinion to be the standard.

c) Direct Board Inspection: Discovery of compliance information by a Board member, a committee or the Board as a whole[34]. This is a Board inspection of documents, activities or circumstances directed by the Board that allows a “prudent person” test of policy compliance.

3. In every case, the standard for compliance shall be any reasonable consistent interpretation by the Chief of the Board policy being monitored.

4. Upon the choice of the Board, any policy can be monitored by any method at any time. For regular monitoring, however, each Ends to be Achieved and Chief’s Requirements policy will be classified by the board according to frequency and method. (See Monitoring Grid on the next page for frequency and method.)

MONITORING GRID

	Method	Frequency[35]
*Chief’s Requirements (March)*
Treatment of Staff	A, B, C	Annually
Financial Planning and Budgeting	A, C	Annually
Financial Condition and Activities	A, B, C	Annually
Continuity of Operations	A, C	Annually
Asset Protection	A, B, C	Annually
Compensation and Benefits	A, B	Annually
Communication and Counsel to the Board	A, C	Semi-Annually
Independence of the Board	A, C	Annually
Treatment of the Public	A, B, C	Annually
Operations	A, B, C	Annually
Staffing	A, B, C	Annually
Acceptance of Donations, Loans and Sponsorships	A, B, C	Semi-Annually

*Ends to be Achieved (March)*
Crime Prevention	A, B	Annually
Law Enforcement	A, B	Annually
Victims Assistance	A, B	Annually
Public Order Maintenance	A, B	Annually
Emergency Response	A, B	Annually
Other	A, B, C	Annually

A = Internal Report B = External Report C = Direct Board Inspection

3.1 GENERAL REQUIREMENT

The Chief of Police shall ensure that all practices, activities, decisions or organizational circumstances are consistent with the Police Services Act of Ontario, other relevant statutes, contractual agreements the Board has made with its bargaining units, or commonly accepted business practices and professional ethics.

To execute the purpose and mission of the Police Service the Chief must develop and maintain an organizational structure which is: effective and efficient; meets the needs of the community; and operates in a manner which is consistent with the principles of community policing.

3.2 TREATMENT OF STAFF

With respect to paid staff (sworn officers and civilian), auxiliary officers[36] and volunteers[37], the Chief shall ensure that humane and safe conditions are maintained and that all related legislation and regulations are complied with.

Accordingly, the Chief shall ensure that:

1. There are no violations of any legislative standard such as the Canadian Human Rights Code, the Ontario Human Rights Code, the Employment Standards Act, Employment Equity, the Health and Safety Act and the Police Services Act.[38]

2. Management procedures are in place that clearly set out rules for staff relations, provide for effective handling of grievances, and protect against wrongful conditions.

3. All staff (sworn officers and civilian personnel) receive formal feedback at least every two years on their individual performance, performance targets and training requirements for the coming review period. Furthermore, formal feedback will be provided at least annually to Deputy Chiefs and equivalent. Before providing feedback the Chief will first discuss his/her assessment of their performance with the Board and the planned performance targets for the coming year.

4. Meritorious service, community service, long service and valour demonstrated by either sworn officers, auxiliary staff, civilian staff, or volunteers is properly recognized.[39]

5. Sworn officers do not engage in any activity that interferes with or influences adversely the performance of his or her duties as a member of the Ottawa Police Service or is likely to bring discredit to the organization.[40]

6. No staff member is discriminated against for any reason (e.g. ethical dissent, race, sexual orientation, or gender).[41]

7. Discipline is maintained.[42]

Any informal discipline entry related to conduct on a police employment record is expunged two years after being made if during that time there have been no other entries concerning misconduct or unsatisfactory work performance[43] as defined by Part V of the Police Services Act.

8. Staff are acquainted with their rights under this policy.

9. The Police Service has defined practices and procedures on communicable disease prevention that fully meet the requirements specified in relevant Police regulations.[44]

10. Members of the Police Service are provided with the equipment specified in the police operating regulations pertaining to communicable diseases.[45]

11. Members of the Police Service, including those assigned to special task units (e.g. tactical), are provided with, at minimum, equipment and facilities as prescribed by the Ministry of the Solicitor General of Ontario.

3.3 FINANCIAL PLANNING AND BUDGETING

Financial planning for any fiscal period or the remaining part of any fiscal period shall adhere to Board Ends to be Achieved priorities, avoid fiscal jeopardy, demonstrate a generally acceptable level of foresight, and will be derived from a multiyear plan[46].

Accordingly, the Chief shall ensure that budgeting:

1. Contains sufficient information to enable credible projections of revenues and expenses, separation of capital and operational items, cash flow, and disclosure of planning assumptions.

2. Allows for the presentation of a budget with cash allocations by program.

3. Plans the expenditure in any fiscal year that are consistent with the amount of funds that are conservatively projected to be received from property levies and other sources in that period.

4. Provides sufficient funds for Board prerogatives during the year as set forth in the Board’s Cost of Governance policy.

5. Provides adequate resources for achieving the Ends to be Achieved.

3.4 FINANCIAL CONDITION AND ACTIVITIES

With respect to the actual, ongoing condition of the organization’s financial health, the Chief shall ensure that fiscal jeopardy is avoided and that actual expenditures don’t deviate materially from Board priorities established in Ends to be Achieved policies and are consistent with the Police Services Act.

Accordingly, the Chief shall ensure that:

1. The expenditure of funds in any year shall not exceed what is available in the approved budget estimates (operating and capital) for the year.

2. Any specifically designated Long-Term Reserves are not used.

3. Tax payments or other government-ordered payments or filings are accurately filed within the required timeframes.

4. Only purchases for, or the commitment by the organization to spend, less than $75,000 for materials, goods or services, notwithstanding that the expenditure may have been budgeted for, within a calendar year, will be made.[47]

5. When making purchases:

a) normally prudent protection will be given against conflict of interest;

b) of over $10,000, at least three comparative prices will be obtained[48];

c) over $75,000 a public bidding process will be employed[49].

6. Reimbursement of out-of-pocket meal costs and incidental expenses associated with travel will be at a rate used by the Government of Canada for similar costs unless otherwise specifically provided for in a collective agreement between the Board and an Association representing sworn officers or civilian staff.[50]

7. Receivables are aggressively pursued after a reasonable grace period.

8. More cost-effective mechanisms for achieving the Chief’s Requirements and Ends as established by the Board will constantly be sought out.

3.5 CONTINUITY OF OPERATIONS

In order to protect the Board from sudden loss of the Chief’s services, the Chief shall ensure that at least two other executives are familiar with Board and Chief issues and processes, and shall have appropriate records and documentation that would facilitate continuity of operations.

3.6 ASSET PROTECTION

The Chief shall ensure that assets[51] are protected, adequately maintained, and not unnecessarily risked beyond a level required in the normal course of business.

Accordingly, the Chief shall ensure that:

1. The organization is insured against major casualty losses to replacement value and against liability assigned to Board members, staff or the organization itself in an amount consistent with the coverage of the City of Ottawa.[52]

2. Facilities and equipment are not subjected to improper wear and tear or insufficient maintenance.

3. The organization, its Board or staff, are not exposed unnecessarily to claims of liability.

4. Funds are received, processed or disbursed under controls that are sufficient to meet the normal standard of an external auditor.

5. Real property is not acquired, encumbered or disposed of.

6. Evidence (information, files and physical goods) and recovered property are protected from loss or significant damage prior to return to the lawful owner or authorized disposal.[53]

a) Where no owner can be located for evidence or recovered property, authorized disposal will be by public auction[54] or by conversion to operational police use where there is a well established need that would otherwise be met by purchase of a similar asset through the normal process[55]. No asset will be converted to operational police use, on either a temporary or permanent basis, without the express permission of the Board.[56]

b) A registry of property shall be maintained recording the full particulars of the asset and its ultimate disposal.[57]

c) Any unclaimed firearms are to be destroyed promptly, sent to the Centre for Forensic Sciences if deemed to be historic[58], or another organization deemed acceptable by the Solicitor General[59]. To assess the historical value of unclaimed firearms, the Chief will have them examined by a recognized expert.

7. Intellectual property, information, and files are protected from loss or significant damage.

8. The organization’s public image or credibility is not endangered, particularly in ways that would hinder its accomplishment of the Board’s Ends to be Achieved.

3.7 COMPENSATION AND BENEFITS

The Board is responsible under the provisions of the Police Services Act for negotiating the contracts for any staff or sworn officer represented by an Association, the Deputy Chiefs and the Chief [60].

Accordingly, the Chief shall ensure that:

1. The salary, benefits and working conditions of any sworn officer, civilian members or any individual staff member including himself are consistent with the appropriate contract as negotiated and signed by the Board.

3.8 COMMUNICATION AND COUNSEL TO THE BOARD

Information and advice to the Board must be timely, complete and accurate.

Accordingly, the Chief shall ensure that:

1. Monitoring data required by the Board (see policy on Monitoring Chief’s Performance) is submitted in a timely, accurate and understandable fashion, directly addressing the provisions of the Board policies being monitored.

2. The Board is provided with information as required by the Police Services Act and associated Regulations. This includes:

a) An annual report on the secondary activities of all sworn officers[61].

b) Quarterly reports on the administration of the complaints system[62].

c) An annual report summarizing the activities of the Ottawa Police Service over the previous fiscal year[63], including information on:

i. its performance objectives, indicators and results;

ii. public complaints; and

iii. the actual cost of police services in comparison to the original Budget Estimates.

d) Information that will be included in the Board’s Business Plan every three years[64]. This will include information on quantitative and qualitative performance objectives and indicators relating to:

i. the police force’s provision of community-based crime prevention initiatives;

ii. community patrol and criminal investigation services;

iii. community satisfaction with police services;

iv. emergency calls for service;

v. violent crime and clearance rates for violent crime;

vi. property crime and clearance rates for property crime;

vii. youth crime and clearance rates for youth crime;

viii. police assistance to victims of crime and re-victimization rates;

ix. road safety;

as well as information technology, resource planning, and police facilities.

e) Advise the Board on any secondary activities that he is personally contemplating so that the Board can determine if it is acceptable[65].

3. The Board is provided with specific operational reports as requested, specifically:

a) A list of all contracts awarded by the Chief that exceed $10,000 on at least a quarterly basis[66].

b) All expenses incurred related to the facility management function on at least a quarterly basis[67].

c) A list of all tenders called and awarded on at least a quarterly basis[68].

d) All expenses related to the conduct of legal matters on at least a quarterly basis[69].

e) Information on any defence of appeals or applications for judicial review[70].

4. Gather for the Board as many staff and external points of view, issues, and options as needed for fully informed Board choices. Reports to the Board shall indicate what consultation took place and how the Chief’s recommendation reflects or does not reflect the input received [71].

5. Inform the Board on significant program changes related to services offered to the community.

6. Inform the Board of any staff changes at the senior officer or equivalent civilian levels.

7. Let the Board be aware of relevant trends, significant changes in federal, provincial or municipal policies, anticipated adverse media coverage, material external and internal changes, particularly changes in the assumptions upon which any Board policy has previously been established.

8. Advise the Board if, in the Chief’s opinion, the Board is not in compliance with its own policies on Governance Process and Board-Chief Linkages, particularly in the case of Board behaviour that is detrimental to the work relationship between the Board and the Chief.

9. Information is not presented in unnecessarily complex or lengthy form.

10. Deal with the Board as a whole except when (a) fulfilling individual requests for information, or (b) responding to officers or committees duly charged by the Board.

11. Report in a timely manner an actual or anticipated non-compliance with any policy of the Board.

3.9 INDEPENDENCE OF THE BOARD

The Chief will ensure that his/her actions and those of the Police Service do not diminish the independence of the Ottawa Police Services Board.[72]

Accordingly, the Chief will ensure that:

1. All information tabled with City Council or any of its committees with respect to the budgetary requirements and operations of the OPS will be tabled and if appropriate, discussed with the Police Board first.

2. If he/she appears before City Council or any of its committees, he/she will be accompanied by the Board Chair or another Board member so designated, unless he is there for an administrative matter such as a zoning change which is within the purview of the Chief’s responsibilities to obtain, or to monitor Council or a Committee’s discussions.

3.10 TREATMENT OF THE PUBLIC

With respect to interactions with the public, the Chief shall ensure that conditions, procedures, or decisions are safe, respectful, fair, dignified, not unnecessarily intrusive, and comply with the provision of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

Accordingly, the Chief shall ensure that:

1. Service is available in both official languages at all times, at all stations, and community offices operated by the Ottawa Police Service.

2. The Service operates with a policy for dealing with public complaints about services, policy or conduct that is consistent with the requirements of the Police Services Act.[73] In responding to complaints, the Chief shall:

a) Refer any complaints about himself or a Deputy Chief to an outside body for classification[74].

b) Obtain the approval of the Board before asking the Chief of another force to investigate a complaint[75].

c) Provide oral or written responses to complainants that explicitly address all elements of the complaint[76]

d) Provide sufficient information such that the complainant is in a position to make an assessment of the reasonableness of the Chief’s decision(s)[77].

3. Impartial and fair information is disseminated to the public, especially in those instances involving a sworn officer or civilian member of the Ottawa Police Service and a process for correcting incorrect information which, for any reason, is inadvertently disseminated.

a) This will include the routine dissemination of crime, call and public disorder analysis data and information on crime trends to City Council, school boards, community organizations and groups, businesses and members of the public[78].

b) This will also include the provision of information to management, labour and the public on police procedure during a labour dispute.

4. The public will be consulted for every project or initiative undertaken by the Service that has a direct impact on them with respect to how service is provided.[79]

a) An opportunity is to be provided to every citizen or resident of the City of Ottawa who wishes to be heard.

5. Recognize members of the public who have provided exceptional assistance to the Ottawa Police Service[80].

3.11 OPERATIONS

In ensuring that service is provided related to crime prevention, law enforcement, victims’ assistance, public order maintenance and emergency response services, the Chief shall ensure that generally accepted policing practices are followed including those Regulations and Guidelines specifically prescribed by the Solicitor General of Ontario.

Accordingly, the Chief shall operate with:

1. Procedures and processes on problem-oriented policing and crime prevention initiatives[81].

a) This will include procedures and processes on community patrol that address when and where directed patrol is considered necessary or appropriate and is based on such factors as crime, call and public disorder analysis, criminal intelligence, and road safety[82].

2. Procedures and processes on communications and dispatch services[83] that specifically ensure that:

a) There will be a staffed communications centre, with one or more communications operators/dispatchers that is available 24 hours a day, and can answer emergency calls for service and maintain constant two-way voice communications capability with police officers who are on patrol or responding to emergency calls[84].

b) A member of the police force is available 24 hours a day to supervise police communications and dispatch services[85]; and

c) Police officers on patrol have a portable two-way voice communications capability that allows the officers to be in contact with the communications centre when away from their vehicle or on foot patrol[86].

3. Procedures on traffic management, traffic law enforcement and road safety[87].

4. Procedures and processes that ensure there is supervision available to members of the police force 24 hours a day[88].

a) It will set out the circumstances where a supervisor must be contacted and when a supervisor must be present at an incident.[89]

5. A criminal investigation management plan that:

a) Lists the occurrences for which a police officer is required to contact a supervisor as soon as practicable[90];

b) Permits the supervisors, except as provided for in the plan, to assign responsibility to undertake or manage the investigation of an occurrence listed in the plan to any police officer whether or not he or she is a criminal investigator;[91]

c) Lists the occurrences for which the supervisor must assign responsibility to undertake or manage the investigation to a criminal investigator;[92]

d) Lists the occurrences for which the Board has entered into agreements that would result in the investigation being undertaken on a combined or regional or co-operative basis or by another police force;[93]

e) Addresses the monitoring by supervisors of criminal investigations;[94] and

f) Identifies the specific occurrences, designated by the Solicitor General, for which the Ottawa Police Service shall notify another police force, unit or task force designated by the Solicitor General.[95]

6. Procedures and processes for undertaking and managing general criminal investigations and investigations into[96]:

a) physical and sexual abuse of children (reference Appendix 1.29);

b) child pornography (reference Appendix 1.38);

c) criminal harassment (reference Appendix 1.30);

d) domestic violence occurrences (reference Appendix 1.26);

e) drug-related offences other than simple possession (reference Appendix 1.33);

f) elder abuse and vulnerable adult abuse (reference Appendix 1.23);

g) fraud and false pretence (reference Appendix 1.40);

h) hate or bias motivated crime and hate propaganda (reference Appendix 1.9 & 1.10);

i) homicides and attempted homicides (reference Appendix 1.41);

j) sudden death and found human remains (reference Appendix 1.39);

k) illegal gaming (reference Appendix 1.34);

l) missing persons (reference Appendix 1.28);

m) parental or non-parental abductions (reference Appendix 1.42);

n) offences involving firearms (reference Appendix 1.31);

o) proceeds of crime (reference Appendix 1.43);

p) property offences, including break and enter (reference Appendix 1.32);

q) robbery (reference Appendix 1.44);

r) sexual assaults (reference Appendix 1.36);

s) stolen or smuggled firearms (reference Appendix 1.21);

t) vehicle theft (reference Appendix 1.45);

u) youth crime (reference Appendix 1.46);

v) crimes involving a member of a police service;

w) other types of crime designated by the Solicitor General.

7. Procedures that set out when more than one officer must respond to an occurrence or call for service.[97]

8. Procedures and processes in respect of:[98]

a) Internal task forces (reference Appendix 1.12);

b) Joint forces operations (reference Appendix 1.11);

c) Criminal intelligence (reference Appendix 1.6);

d) Crime, call and public disorder analysis (reference Appendix 1.5);

e) Informants and agents (reference Appendix 1.17);

f) Witness protection and security (reference Appendix 1.20);

g) Police response to persons who are emotionally disturbed or have a mental illness or a developmental disability (reference Appendix 1.15);

h) Search of the person (reference Appendix 1.14);

i) Search of premises (reference Appendix 1.13);

j) Arrest (reference Appendix 1.7);

k) Bail and violent crime (reference Appendix 1.25);

l) Prisoner care and control (reference Appendix 1.18);

m) Prisoner transportation (reference Appendix 1.35);

n) Property and evidence control (reference Appendix 1.22); and

o) Officer note taking (reference Appendix 1.24).

9. Procedures and processes in respect of:

a) investigation supports including supports in the areas of scenes of crime analysis, forensic identification, canine tracking, technical collision investigation and reconstruction, breath analysis, physical surveillance, electronic interception, video and photographic surveillance, polygraph and behavioural science.[99]

i) When investigative supports are obtained from one or more persons or organizations other than police forces to provide those supports by means of a person or organization that is not a police force, the person providing the investigative support shall[100]

a) Report directly to, and take direction from, the member of the Ottawa Police Service to whom the investigative support or assistance is being provided[101]; and

b) Comply with the policy and procedures of the Ottawa Police Service.[102]

b) The collection, handling, preservation, documentation and analysis of physical evidence.[103]

c) Obtaining when required, expert or specialized assistance from another police force, government agency, other organization or individual, in relation to a criminal investigation being undertaken by the Ottawa Police Service.[104]

10. Procedures and processes on the provision of police services in respect of all navigable bodies and course of water within the City of Ottawa.[105]

11. A court security plan.[106]

12. Procedures on court security that address supervision and training.[107]

13. Procedures on providing assistance to victims of crime that

a) Reflect the principles of the Victims’ Bill of Rights, 1995;[108] and

b) Set out the roles and responsibilities of staff (sworn officers and civilian) in providing assistance to victims.[109]

14. Procedures on public order unit services that set out the circumstances in which a public order unit may be deployed.[110]

a) These procedures shall be contained in a manual that is available to all members of the public order unit.[111]

15. Procedures on police action in respect of labour disputes.[112]

16. Procedures on preliminary perimeter control and containment.[113]

a) If a containment team uses police officers, the Chief will develop procedures for it.[114]

17. Police officers who are not members of a tactical unit and who are deployed in a containment function, including members of a containment team, shall not, before the arrival of members of tactical unit, employ offensive tactics unless the police officers believe, on reasonable grounds, that to do so is necessary to protect against the loss of life or serious bodily harm.[115]

18. Procedures that set out the circumstances in which each of the following service will be deployed[116]:

a) tactical team;

i) the tactical supervisor shall have the responsibility for determining how many tactical officers are required to be deployed to an incident.[117]

b) hostage rescue team;

i) the tactical supervisor or major incident commander shall have the responsibility for determining how many tactical officers are required to be deployed to an incident.[118]

c) major incident commanders[119];

d) crisis negotiators[120];

e) police explosive forced entry technicians[121];

f) explosive disposal technicians[122];

g) preliminary perimeter control and containment[123]; and

h) public order unit.[124]

19. Manuals that set out the procedures for each of the police services listed in 18 above, are to be issued to all police officers who are responsible for these services and/or are members of one of these teams.[125]

20. An emergency plan for the Ottawa Police Service that includes the procedures to be followed during an emergency.[126] To the extent possible, this plan will be integrated and be a part of the overall emergency plan for the City of Ottawa.[127]

21. Procedures on ground search.[128] To the extent possible, practices will include coordination and partnership with other emergency service providers and volunteer groups and clear guidelines on how ground search and rescue services will be coordinated within the City of Ottawa.[129]

22. Procedures that are consistent with any federal or provincial counter-terrorism plan designated by the Solicitor General of Ontario.[130]

23. Procedures on Suspect Apprehension Pursuits that:[131]

a) Are consistent with the requirements of the Suspect Apprehension Pursuits Regulation;

b) ensure that police officers, dispatchers, communications supervisors and road supervisors receive training accredited by the Solicitor General on suspect apprehension pursuits;

c) ensure that police officers receive training about the intentional contact between vehicles consistent with the requirements of the Suspect Apprehension Pursuits Regulation;

d) address the use of tire deflation devices and officer training;

e) ensure that the particulars of each suspect apprehension pursuit are recorded on a form and in a manner approved by the Solicitor General; and

f) enter into agreements with neighboring police services to determine under what circumstances decision-making responsibility for a pursuit will be, and will not be, transferred from one jurisdiction to another.

24. Procedures on the use of the Sex Offender Registry[132], including:

a) designation and maintenance of a registration site(s);

b) establishment of procedures and processes consistent with the requirements of Christopher’s Law (Sex Offender Registry), 2000; and

c) ensuring that appropriate members receive training on the Sex Offender Registry, consistent with the role and responsibilities assigned to them.

25. Procedures to ensure adherence to the provisions of the Violent Crime Linkage Analysis System Reports (ViCLAS) Regulation.[133]

26. Procedures to ensure adherence to the Major Case Management Manual.[134]

27. Procedures to ensure adherence to the provisions of the Equipment and Use of Force Regulation.[135]

28. Procedures for the use of speed detection devices that ensure adherence to applicable legislation.[136]

29. Procedures with respect to secure holsters that ensure adherence to applicable legislation.[137]

30. Procedures with respect to the services of a underwater search and recovery unit that ensure adherence to applicable legislation.[138]

31. Procedures with respect to high risk individuals that ensure adherence to applicable legislation.[139]

32. Procedures with respect to the management of police records.[140]

33. Procedures with respect to marked general patrol vehicles.[141]

34. Procedures with respect to the safe storage of firearms consistent with the requirements of the Firearms Act and the Public Agents Firearms Regulations.[142]

35. Procedures on the provision and use of a standardized uniform by the police service’s uniformed police officers.[143]

3.12 STAFFING

The Chief will operate in a manner that ensures that all the required technical and managerial skills are available within the Ottawa Police Service or available from another police service to provide necessary policing services to the residents of, and visitors to the City of Ottawa.

According, the Chief shall ensure that the service:

1. Has a long term staffing plan. Key objectives of this plan will be to ensure that hiring levels are relatively constant from year to year and the required skills will be available within the Service. The plan must allow for the best utilization of resources by recognizing that skills and experience gained outside of the police environment are relevant and must be considered in the development and advancement process.

2. Operates with management procedures that set out staffing procedures. As a minimum,

a) All positions (both sworn officer and civilian) must have clearly defined competencies, both managerial and technical.

b) No individual may be promoted unless they have successfully completed all mandatory training and qualifying examinations, and in addition have demonstrated the range of skills, technical and managerial, that suggest that they will be successful at the next rank or main level. Furthermore, ‘time in rank’ requirements shall not be more restrictive than that mandated by the Ministry of the Solicitor General.

c) Appointments to specialty units will be limited to a maximum of seven years. Consecutive appointments are only permitted due to operational requirements and must be reported to the Board.

d) No appointments may be made to the level of Deputy Chief or equivalent.

e) No appointments may be made to any level of the organization, and in particular to the Senior Officer level, without giving preference to those applicants of equivalent competency and proven performance who in addition to being fully competent in English have achieved a reasonable level of fluency in French.

f) The Ottawa Police Service, through its staffing practices will seek to become over time, representative of the community.[144]

g) Sworn members, cadets, auxiliary members, or special constables are not to be appointed[145] or terminated during their probationary period[146] or after an appropriate hearing [147]without the concurrence of the Board.

h) Transfers must be implemented in a manner that is consistent with the OPS’s strategic and business plans and best matches the OPS’s short and long term requirements with the skills, abilities, and knowledge of its employees. Furthermore, transfers must recognize:

i. The experience and knowledge of members gained prior to joining the OPS;

ii. The need for the OPS to be seen as an employer of choice;

iii. The need for up-to-date highly specialized skills across the organization;

iv. Operational requirements for continuity; and

v. The lead time required for an officer to acquire the necessary background and experience to perform very specialized responsibilities.

i) Minimum required service in any position shall generally not exceed the requirements of the Ministry of the Solicitor General.

3. Does not designate a person as a criminal investigator unless that person is a police officer.[148]

4. Has provided all staff (sworn officers and civilian personnel), especially court security personnel[149], those in supervisory positions[150], acting positions and newly sworn officers, with adequate knowledge, skills, abilities, training and direction and who also maintain the necessary knowledge, to carry out their duties and responsibilities. Specifically,

a) All staff (sworn officers and civilian personnel) will successfully complete, where applicable, any required training accredited by the Ministry of the Solicitor General or have equivalent qualifications or skills as approved by the Ministry of the Solicitor General. This currently applies to:

i) Every Member of a containment team, tactical unit and hostage rescue team, and every major incident commander and crisis negotiator;[151]

ii) Criminal investigators[152];

iii) Communicators and dispatchers and those supervising them[153];

iv) Any person providing investigative support in the area of scenes of crime analysis or forensic identification[154].

b) Supervisors shall ensure that the person to whom the supervisor assigns an occurrence listed in the criminal investigation management plan, whether or not a criminal investigator, has the knowledge, skills and abilities to investigate that type of occurrence.[155]

c) Any person providing investigative support including supports in the areas of canine tracking, technical collision investigation and reconstruction, breath analysis, physical surveillance, electronic interception, video and photographic surveillance, polygraph and behavioural science has the knowledge, skills and abilities to provide that support.[156]

d) All members of the Ottawa Police Service public order unit, whether provided by the police service or on a combined or regional or co-operative basis, shall be police officers and have the appropriate knowledge, skills and abilities to provide the services of the public order unit.[157]

e) Police explosive forced entry technicians and explosive disposal technicians shall have and maintain the appropriate knowledge, skills and abilities for their work.[158]

5. Pays particular attention to ensuring that all personnel are sensitive to the pluralistic, linguistic, multiracial and multicultural character of Ottawa and ensures all officers receive training on race relations, diversity and human rights.[159]

6. Establishes procedures for obtaining the assistance of another police force in relation to undertaking or managing a criminal investigation in those circumstances where the Ottawa Police Service does not itself have, and does not have access through an agreement to the services of, a criminal investigator or police officer with the knowledge, skills and abilities to investigate a specific type of occurrence.[160]

7. Has a plan to minimize the number of sworn officers on light duties and/or long term disability.[161]

8. Has a skills development and learning plan that addresses:

a) the plan’s objectives;

b) the implementation of a program to coach or mentor new officers;

c) the development and maintenance of the knowledge, skills, abilities of members of the police service, including:

i) criminal investigators;

ii) members of the police service who provide investigative supports functions;

iii) members of a public order unit; and

iv) members of a police service who provide emergency response services.[162]

3.13 THE ACCEPTANCE OF DONATIONS, LOANS AND SPONSORSHIPS[163]

The Chief shall ensure that any donation, loan or sponsorship accepted by the Police Service is beneficial to the community as a whole and is handled in a transparent manner.

Accordingly, the Chief shall ensure that:

1. The donation, loan or sponsorship supports the objectives and priorities of the Police Services Board and will provide a direct benefit to the community in the form of improved police service, without causing Police Service priorities to be affected thereby.

2. The acceptance of any donation, loan or sponsorship must not compromise or bring into question police impartiality or objectivity. In particular, except for rewards, offers of gifts, donations or sponsorships for the purpose of assisting with criminal investigations are not to be accepted.

3. The donation, loan or sponsorship is without conditions as to its use or preference to the donor.

4. No donation, loan or sponsorship valued at more than $20,000 is to be accepted without the express permission of the Board.

5. All donations, loans and sponsorships received by the Police Service will be reported to the Board in June and December each year.

6. All donations, loans or sponsorships must be properly documented including at least the source of the gift, its nature and its size or significance.

[1] Police Services Act Section 31 (6): “The Board may, by by-law, make rules for the effective management of the police force.”

[2] Section 31.(1) (b) of the Police Services Act indicates that the board will “generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality” and will “establish policies for the effective management of the police service”.

[3] Section 31.(1)(e) of the Police Services Act requires the Board to direct the chief of police and monitor his or her performance and Part V of the Act describes the Board’s role when complaints are made about the conduct of a Chief or Deputy Chief or with respect to services offered or policies of the organization.

[4] Section 31(4) of the Police Services Act requires that “The Board shall not direct the chief of police with respect to specific operational decisions or with respect to the day to day operation of the police force”. Section 31.(1) makes the Board responsible for establishing “policies for the effective management of the police force”.

[5] Board Motion approved 23 March 1998; amended 23 September 2003.

[6] Subsection 30(2)(b)(ii) of the Adequacy Standards Regulations – Reference Appendix 1.62.

[7]Required by Subsection 32(2) of the Adequacy Standards Regulations – Reference Appendix 1.62.

[8] Required by Subsection 13(2) of the Adequacy Standards Regulations – Reference Appendix 1.5.

[9] Required by Subsection 32(1)(b) of the Adequacy Standards Regulations and by the Protocol adopted by Board and Council in 2000 – Reference Appendix 1.62 & 1.72.

[10] Section 31. (1) (c) of the Police Services Act indicates that boards shall “establish policies for the effective management of the police force”.

[11] Section 31.(1) (b) requires the Board to “generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality”.

[12] Section 31.(1)(e) of the Police Services Act requires the Board to “direct the chief of police and monitor his or her performance”.

[13] Section 31.(1)(d) of the Police Services Act.

[14] Section 31.(1)(j) of the Police Services Act.

[15] Sections 60(5) and 65.(1) of the Police Services Act.

[16] Section 31.(1)(a) of the Police Services Act.

[17] Regulation 926, Equipment and Use of Force – Reference Appendix 1.73.

[18] Regulation 926, Equipment and Use of Force – Reference Appendix 1.73.

[19] Required by Service Agreement between Board and Secretariat Services approved 26 March 2001.

[20] Section 41.(1) of the Police Services Act: The duties of a chief of police include: (a) in the case of a municipal police force, administering the police force and overseeing its operations in accordance with the objectives, priorities and policies established by the board under subsection 31(1).

[21] Section 31(3) of the Police Services Act. “The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders to any member of the police force”.

[22] Section 34 of the Police Services Act: “A board may delegate to two or more of its members any authority conferred under it by this Act except the authority to bargain under Part VIII, which the board may delegate to one or more members.

[23] Section 61(9) of the Police Services Act permits a board composed of more than three members to appoint a committee of not fewer than three members to review a complaint and make a recommendation to the board after the review.

[24] Police Services Act: Section 120(2) “One legal counsel and one other advisor for each of the bargaining committee and the board may participate in the bargaining sessions”,. Section 120(4) “The chief of police, or if the parties consent, another person designated by the chief of police may also attend the parties’ bargaining sessions in an advisory capacity.”

[25] Section 31(5) of the Police Services Act requires that the ‘board shall ensure that its members undergo training that the Solicitor General may provide or require”.

[26] Section 31(3) of the Police Services Act: “The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders or direction to any member of the police force.

[27] Section 31(5) of the Police Services Act.

[28] Paragraph 35 of the Adequacy Standards Regulations: “Every board and chief of police shall implement a quality assurance process relating to the delivery of adequate and effective police services, and compliance with the Act and its regulations.”

[29] Section 31(4) of the Police Services Act: “the board shall not direct the chief of police with respect to specific operational decisions or with respect to the day-to-day operation of the police force”.

[30] Section 31(3) of the Police Services Act: “The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders to any member of the police force.”

[31] Section 31(3) of the Police Services Act: “The board may give orders and directions to the chief of police, but not to other members of the police force, and no individual member of the board shall give orders or direction to any member of the police force.”

[32] Police Services Act: Section 41(1) The duties of a chief of police include, …..administering the police force and overseeing its operation in accordance with the objectives, priorities and polices established by the board under subsection 31(1).

[33] Paragraph 35 of the Adequacy Standards Regulations requires that every board implement a quality assurance process relating to the delivery of adequate and effective police services, and compliance with the Act and its regulations. There will be situations where the Board wants a disinterested third party to undertake this on their behalf.

[34] In most instances it is expected that a committee of one or more board members will undertake the actual inspection. It is not practical for the Board operating as a whole to conduct an inspection for most of the policies.

[35] External resources are expected to be utilized for only some of these items in a given year. The specific categories chosen for external examination would be based on Board priorities and previous results. Given the Board’s planning cycle as identified in Section 1.6, monitoring of the Chief’s Requirements and of the Ends to be Achieved should occur in March.

[36] Reference Appendix 1.66.

[37] Reference Appendix 1.67.

[38] Reference Appendix 1.64.

[39] Helps bring to the attention of board members that this is done on an annual basis, typically during Police Week in May or close to it. Board members have typically been part of the awards process.

[40] Police Services Act Section 31(7): “The board may establish guidelines consistent with Section 49 for disclosing secondary activities and whether to permit such activities.

[41] Reference Appendix 1.64.

[42] Police Services Act 41(1)(b).

[43] Police Services Act Section 64(16) and 65(18).

[44] Reference Appendix 1.65.

[45] Reference Appendix 1.65.

[46] Subsection 30(1) of the Adequacy Standards Regulation requires the Board to prepare a business plan at least once every three years.

[47] Section 3.2.4 of the Finance & Administrations Procedures Manual has given the Chief delegated authority for all purchases less than $75,000.

[48] Section 3.2.4.1 of the Finance & Administration Procedures Manual.

[49] Section 3.2.4.6 of the Finance & Administration Procedures Manual.

[50] Reflects decision made at the Board’s Regular Meeting 27 April 1998.

[51] All real assets are owned and maintained by the City of Ottawa.

[52] Under Section 3.3.5 of the current Finance & Administrative Procedures Manual, the Finance Commissioner of the RMOC (the City of Ottawa as of 1 January 2001) has general authority to supervise the Board’s Risk Management Program. The Board should have only one point of contact for these sorts of things, the Chief. He in turn may very well want to make use of the City’s expertise in this area.

[53] Adequacy Standards Regulations, Paragraph 13(1)(n) – Reference Appendix 1.22.

[54] Section 132(2) of the Police Services Act.

[55] Approved at the 25 May 1998 meeting of the Police Services Board.

[56] Reference sections 132 and 134 of the Police Services Act. Approved at 25 Sep 00 meeting of Police Services Board.

[57] Section 132 (6) of the Police Services Act.

[58] Section 134 of the Police Services Act.

[59] Section 134 (7) permits the chief of police to dispose of a firearm in another manner if he or she first obtains the Solicitor General’s approval of the method of disposal.

[60] The Board is responsible for the salaries of the Chief and the Deputy Chiefs under Section 31 (1)(d) of the PSA and under Section 119 of the PSA negotiates with any Association representing staff or sworn officers.

[61] Section 31(7) of the Police Services Act.

[62] Section 61(2) of the Police Services Act.

[63] Adequacy Standards Regulation, Paragraph 31 –Reference Appendix 1.72.

[64] Required under Paragraph 30 of the Adequacy Standards Regulation – Reference Appendix 1.62.

[65] Section 49(3) and 49(4) of the Police Services Act.

[66] Currently required under Paragraph 3.2.4.5 of the Finance & Administration Procedures Manual.

[67] Paragraph 3.3.6.2 of the Finance & Administration Procedures Manual currently calls for the municipal Planning and Property Services Commissioner to make this report. The Board’s only link with the organization should be through the Chief who in turn may wish to obtain the information from the appropriate municipal staff.

[68] Currently required as per Paragraph 3.6.7.4 of the Finance & Administration Procedures Manual.

[69] Paragraph 4.6 of the Finance and Administration Procedures Manual currently calls for the Board Solicitor to make this report. There should be just one linkage with the organization through the Chief. Based on a Board decision at its 31 May 1999 meeting, the City Solicitor acts as Solicitor to the Board.

[70] Paragraph 4.4.2.2 of the Finance and Administration Procedures Manual indicates that these items are to be reported to the Board for information by the Board Solicitor. There should be just one linkage with the organization through the Chief.

[71] The current Public Consultation Policy approved by the Board 24 November 1997 requires that Reports to the Board contain information on what consultation took place and how the staff recommendation reflects or does not reflect the input received.

[72] It is easy, given the close relationship that is necessary between City staff and OPS staff for effective operations, for the governance responsibilities of the Board to be overlooked and forgotten. The Act makes it clear that the Board has clear responsibility for the governance of the police service. Relevant sections of the Police Services Act include:

· 4(1) requires municipalities to provide adequate and effective police service in accordance with its needs.

· 4(3) municipality responsible for providing all the infrastructure and administration necessary for such service.

· 4(5) municipality can discharge its responsibility by establishing a force, the members of whom will be appointed by the board …

· 31(1) The board is responsible for the provision of adequate and effective police services in the municipality.

· 31(2) members of the police force are under the board’s jurisdiction.

· 41(2) The chief of police reports to the board and shall obey its lawful orders and directions.

[73] Required by Section 41(1)(d) of the Police Services Act. The specific requirements with respect to complaints are described in Part V of the PSA, Sections 56 to 79.

[74] Board guideline as approved at its February 1998 meeting.

[75] Required under Section 64(2) of the Police Services Act.

[76] Recommendation of the Complaints Committee accepted by the Board at its September 1998 Special Meeting.

[77] Recommendation of the Complaints Committee accepted by the Board at its September 1998 Special Meeting.

[78] Required under Paragraph 13(2) of the Adequacy Standards Regulation.

[79] Public Consultation Policy approved by the Board 24 November 1997.

[80] Helps bring to the attention of board members that this is done on an annual basis, typically during Police Week in May or close to it. Board members have typically been part of the awards process.

[81] Required under Section 3 of the Adequacy Standards Regulation – Reference Appendices 1.1 & 1.2.

[82] Required under Subsection 4(3) of the Adequacy Standards Regulation – Reference Appendix 1.3.

[83] Required under Subsection 6(3)(a) of the Adequacy Standards Regulation – Reference Appendix 1.4.

[84] Required under Subsection 5(6) of the Adequacy Standards Regulation – Reference Appendix 1.4.

[85] Required under Subsection 6(1)(a) of the Adequacy Standards Regulation – Reference Appendix 1.4.

[86] Required under Subsection 6(1)(b) of the Adequacy Standards Regulation – Reference Appendix 1.4.

[87] Required under Section 8 of the Adequacy Standards Regulation – Reference Appendix 1.19.

[88] Required under Section 10(a) of the Adequacy Standards Regulation – Reference Appendix 1.27.

[89] Required under Subsection 10(b) of the Adequacy Standards Regulation – Reference Appendix 1.27.

[90] Required under Subsection 11(1)(a) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[91] Required under Subsection 11(1)(b) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[92] Required under Subsection 11(1)(c) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[93] Required under Subsection 11(1)(d) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[94] Required under Subsection 11(1)(e) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[95] Required under Subsection 11(1)(f) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[96] Required under Subsection 12(1) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[97] Required under Subsection 12(2) of the Adequacy Standards Regulation.

[98] Required under Subsection 13(1) of the Adequacy Standards Regulation.

[99] Required under Subsection 14(1)(a) of the Adequacy Standards Regulation Reference Appendices 1.8 & 1.19.

[100] Required under Subsection 14(2) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[101] Required under Subsection 14(2)(a) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[102] Required under Subsection 14(2)(b) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[103] Required under Subsection 14(1)(b) of the Adequacy Standards Regulation – Reference Appendix 1.22.

[104] Required under Subsection 14(1)(c) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[105] Required under Section 15 of the Adequacy Standards Regulation – Reference Appendix 1.37.

[106] Required under Subsection 16(a) of the Adequacy Standards Regulation – Reference Appendix 1.16.

[107] Required under Subsection 16(b) of the Adequacy Standards Regulation – Reference Appendix 1.16.

[108] Required under Subsection 17(a) of the Adequacy Standards Regulation – Reference Appendix 1.50.

[109] Required under Subsection 17(b) of the Adequacy Standards Regulation – Reference Appendix 1.50.

[110] Required under Subsection 19(1) of the Adequacy Standards Regulation – Reference Appendix 1.51.

[111] Required under Subsection 19(2) of the Adequacy Standards Regulation – Reference Appendix 1.51.

[112] Required under Section 20 of the Adequacy Standards Regulations – Reference Appendix 1.52.

[113] Required under Subsection 22(1) of the Adequacy Standards Regulations – Reference Appendix 1.53.

[114] Required under Subsection 22(2) of the Adequacy Standards Regulations – Reference Appendix 1.53.

[115] Required under Subsection 22(3) of the Adequacy Standards Regulations – Reference Appendix 1.53.

[116] Required under Subsection 25(2) of the Adequacy Standards Regulations.

[117] Required under Subsection 25(2)(b) of the Adequacy Standards Regulations – Reference Appendix 1.54.

[118] Required under Subsection 25(2)(b) of the Adequacy Standards Regulations – Reference Appendices 1.55 & 1.56.

[119] Reference Appendix 1.56.

[120] Reference Appendix 1.57.

[121] Reference Appendix 1.58.

[122] Reference Appendix 1.58.

[123] Reference Appendix 1.53.

[124] Reference Appendix 1.51.

[125] Required under Subsection 25(3) of the Adequacy Standards Regulations – Reference Appendices 1.51, 1.53, 1.54, 1.55, 1.56, 1.57 and 1.58.

[126] Required under Subsection 26(1) of the Adequacy Standards Regulations – Reference Appendix 1.60.

[127] Subsection 26(2) of the Adequacy Standards Regulations indicates that the Chief of police may adopt the municipality’s emergency plan as the police force’s emergency plan if it addresses the role and duties of the police force during an emergency, and the procedures to be followed by members of the police force during an emergency. – Reference Appendix 1.60.

[128] Required under Subsection 27(a) of the Adequacy Standards Regulations – Reference Appendix 1.59.

[129] Subsection 27(b) indicates that every chief of police shall promote through partnerships with other emergency service providers and volunteer groups the coordination of ground search services in the municipality served by the police force – Reference Appendix 1.59.

[130] Required under Section 28 of the Adequacy Standards Regulations.

[131] Required under Suspect Apprehension Pursuits Regulation 546/99 – Reference Appendix 1.47.

[132] Reference Appendix 1.48.

[133] Ontario Regulation 550/96.

[134] Ontario Regulation 354/04.

[135] Ontario Regulation 926 – Reference Appendix 1.73.

[136] Reference Appendix 1.74.

[137] Reference Appendix 1.75.

[138] Reference Appendix 1.61.

[139] Reference Appendix 1.49.

[140] Reference Appendix 1.68.

[141] Reference Appendix 1.69.

[142] Reference Appendix 1.70.

[143] Reference Appendix 1.71.

[144] Principle 6 of Section 1 of the Police Services Act.

[145] Police Services Act Section 31.(1)(a) requires that the Board “appoint the members of the municipal police force”; Section 51.(1) permits the chief to appoint police cadets with the Board’s approval; Section 52.(1) addresses the appointment of auxiliary members, and Section 53.(1) addresses the appointment of special constables. – Reference Appendix 1.66.

[146] Section 44.(1)(3) of the Police Services Act.

[147] Section 47 of the Police Services Act addresses the discharge of a member who has become mentally or physically disabled.

[148] Required under Subsection 9(4) of the Adequacy Standards Regulations – Reference Appendix 1.8.

[149] Required under Subsection 16(c) of the Adequacy Standards Regulations – Reference Appendix 1.16.

[150] Required under Subsection 10(c) of the Adequacy Standards Regulations – Reference Appendix 1.27.

[151] Required under Subsection 24(2) of the Adequacy Standards Regulations – Reference Appendices 1.53, 1.54, 1.55, 1.56, 1.57.

[152] Required under Subsection 9(4) of the Adequacy Standards Regulations – Reference Appendix 1.8.

[153] Required under Subsection 6(3)(b) of the Adequacy Standards Regulations – Reference Appendix 1.4.

[154] Required under Subsection 14(3) of the Adequacy Standards Regulations – Reference Appendix 1.8.

[155] Required under Subsection 11(2) of the Adequacy Standards Regulations – Reference Appendix 1.8.

[156] Required under Subsection 14(4) of the Adequacy Standards Regulation – Reference Appendix 1.19.

[157] Required under Subsection 19(3) of the Adequacy Standards Regulation – Reference Appendix 1.51.

[158] Required under Subsection 25(1) of the Adequacy Standards Regulation – Reference Appendix 1.58.

[159] Principle 5 of Section 1 of the Police Services Act – Reference Appendix 1.64.

[160] Required under Subsection 11(4) of the Adequacy Standards Regulation – Reference Appendix 1.8.

[161] Reference Appendix 1.64.

[162] Required under Section 33 of the Adequacy Standards Regulation – Reference Appendix 1.63.

[163] A donation is the act of giving or bestowing an asset which becomes irrevocable upon acceptance by the recipient. A donation becomes an asset of the donee and comprises a one time transaction.

A loan is the temporary use of an asset which reverts back to the owner after a specific period of time.

A sponsorship is defined as a person or organization that pays for, in part or in total, a program or activity. Sponsorship helps reduce the cost of an activity over a period of time and infers a relationship between the recipient organization and the police.

[164] Principle 1 outlined in Section 1 of the Police Services Act.

[165] Principle outlined in Section 1 of the Police Services Act.

[166] Principle 5 of Section 1 of the Police Services Act indicates that there is a need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society.

[167] Principle 2 outlined in Section 1 of the Police Services Act.

[168] Section 4(2) of the Police Services Act defines adequate and effective police services including, at a minimum, these five police services.

[169] Principle 4 of Section 1 of the Police Services Act.

[170] Principle 3 of Section 1 of the Police Services Act indicates a need for co-operation between the providers of police services and the communities they serve.

[171] This section was approved by the Board on 27 November 2000.

[172] Policing services play an important part of an individual’s feeling of safety and security. Input from the community indicates that greater awareness and understanding by way of easily accessible and available information on police services, priorities, and programs would help keep residents and others informed, and instill continued confidence in the Ottawa Police’s capacity to deal with law and order.

[173] The Ottawa Police core value of ‘working together for a safer community/La sécurité de notre communauté, un travail d’équipe’ embodies an approach and philosophy to crime prevention and community policing. In today’s fiscal environment, opportunities to combine available police resources and expertise with community resources, in crime prevention and other ventures, can result in ‘win-win’ situations for the community and the police.

[174] Part of the Ottawa Police mission is its dedication to supporting our members personally and professionally. With expected changes in the internal demographic profile, the ability to attract and retain highly skilled and motivated individuals will be governed by the organization’s ability to maintain a rewarding, flexible and progressive work environment.

[175] A comprehensive approach to planning, administration, and accountability is one of the hallmarks of a well-run organization. With the amalgamation and unification of police services now complete, there is a need to ensure that the Service continues to meet community expectations in the delivery of policing services and manages its resources effectively and efficiently.

[176] Changes and future directions affecting members of the Ottawa Police must be well understood by all internal stakeholders. To be effective, accurate information must be delivered in a timely manner through a variety of means, and the information flow must be two-way.

JULY 2005

1.7 BOARD MEMBERS’ CODE OF CONDUCT

2.1 CHIEF OF POLICE’S ROLE

3.1 GENERAL REQUIREMENT

3.2 TREATMENT OF STAFF

3.3 FINANCIAL PLANNING AND BUDGETING

3.4 FINANCIAL CONDITION AND ACTIVITIES

3.5 CONTINUITY OF OPERATIONS

3.7 COMPENSATION AND BENEFITS

3.8 COMMUNICATION AND COUNSEL TO THE BOARD

3.10 TREATMENT OF THE PUBLIC

3.11 OPERATIONS

3.12 STAFFING

3.13 THE ACCEPTANCE OF DONATIONS, LOANS AND SPONSORSHIPS[163]

4.1 MANDATE

4.2 CRIME PREVENTION

4.3 LAW ENFORCEMENT

4.4 ASSISTANCE AND RESPECT FOR VICTIMS OF CRIME

4.5 PUBLIC ORDER MAINTENANCE

4.6 EMERGENCY RESPONSE

4.7 OTHER[171]