CITY OF OTTAWA POLICE SERVICES BOARD

Policy Number: Policy Subject:
GA-1 BOARD MEMBER JOB DESCRIPTION
LEGISLATIVE REFERENCE / AUTHORITY	Ontario Police Services Act, 1990, and Ontario Regulation 3/99 – Adequacy and Effectiveness of Police Services
DATE APPROVED	25 September 2006
DATE AMENDED	24 September 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	N/A

LEGISLATIVE REFERENCE / AUTHORITY

The Ontario Police Services Act and the Adequacy and Effectiveness of Police Services Regulation set out the responsibilities that must be fulfilled by a police services board in Ontario. The Ottawa Police Services Board has deemed it desirable to itemize these legislated responsibilities as part of a Board Member Job Description. The purpose of the Job Description is to provide a clear understanding of what is expected of Board members in the way of responsibilities, time commitment, level of involvement, required skills and attributes to assist both prospective and existing members of the Police Services Board in understanding the role of a Board member.

BOARD POLICY

SCOPE/ACCOUNTABILITIES

The Ottawa Police Services Board is legally responsible for the provision of adequate and effective police services in the City of Ottawa. The Board represents the public interest in determining appropriate organizational performance of the Ottawa Police Service, and in providing civilian oversight and governance of the activities of the Police Service.

TIME COMMITMENT

A significant time commitment is required from each member of the Board. In addition to regular monthly Board meetings held on the fourth Monday of the month at 5:00 p.m. and regular meetings of the Board’s four committees, there are up to four community meetings a year and numerous other events that Board members are invited to attend, such as recruit swearing-in ceremonies, police-community award ceremonies, media conferences, police association functions, meetings with representatives from other police services boards, and other special police events. Many of the committee meetings occur during the day. While the time commitment required will vary for each Board member depending on individual level of participation, what committees they serve on, and how busy those committees are, a Board member can expect to attend between 6 and 23 meetings or events per month, with an average of 121 meetings/events per month. This translates to ~~between 10 and 38 hours per month, or~~ an average of 275 hours per month. There is also a time commitment of approximately ~~at least~~ three hours per month required for reviewing agendas and other material.

TRAINING REQUIREMENTS

Members of police services boards in Ontario are required by legislation to take any training provided or required for them by the Ministry of Community Safety & Correctional Services. In addition, the Ottawa Police Services Board has adopted a policy of pursuing excellence in governance through an ongoing commitment to training, education and development that requires all Board members to participate in orientation training and to attend two specific police governance conferences at least once in the first two ~~three~~ years of their term.

RESPONSIBILITIES

In accordance with the Ontario Police Services Act, 1990 and Ontario Regulation 3/99 – Adequacy and Effectiveness of Police Services, as well as their other responsibilities, police services board members are collectively required to:

(a) Appoint the members of the municipal police force;

(b) Generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality;

(d) Recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account;

(e) Direct the chief of police and monitor his or her performance;

(f) Establish policies respecting the disclosure by chiefs of police of personal information about individuals;

(g) Receive regular reports from the chief of police on disclosures and decisions made under section 49 (secondary activities);

(h) Establish guidelines with respect to the indemnification of members of the police force for legal costs under section 50;

(i) Establish guidelines for dealing with complaints made by members of the public under Part V (of the Police Services Act);

(j) Review the chief of police’s administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system.

(k) Consider requests to review complaints about policies or services of the Police Service.

(l) Review complaints referred to the Board by the Office of the Independent Police Review Director ~~made~~ about the conduct of the chief of police or a deputy chief.

(m) Determine and monitor the annual police service budget.

(n) Bargain in good faith with the associations representing police employees.

(o) Consider requests for reviews of employee grievances.

(p) Prepare a business plan for the police service at least once every three years.

(q) Implement a quality assurance process relating to the delivery of adequate and effective police services, and compliance with the Act and its regulations.

~~(a)~~ ~~Provide input to the City Clerk in the recruitment and evaluation of staff that report directly to the Board.~~~~[1]~~

(r) Abide by the Code of Conduct for Members of Police Services Boards (Ontario Regulation 421/97).

RESTRICTIONS

In accordance with 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.

STATEMENT OF QUALIFICATIONS

EXPERIENCE	* Experience in one or more of the following fields: - business management - finance / budgetary - legal - governance - strategic planning - policy making - risk management / audit - municipal government - communications - human resources / labour relations - conflict resolution - information technology * Have served on other boards or governance bodies * Community outreach / leadership (or involvement)
LANGUAGE	* Oral fluency, reading and writing ability in English. * Fluency in French considered an asset.
KNOWLEDGE OF	* Responsibilities and functioning of a municipal police governing body * Public safety or law enforcement issues * Ottawa’s social, cultural and political environments
ABILITIES	* Strong communication skills * Effective listener * Strong analytical skills * Strong decision-making skills * Exceptional interpersonal skills * Ability to interact cooperatively, effectively and efficiently with others
PERSONAL SUITABILITY	* Integrity and high ethical standards * Strong public service orientation * Values diversity * Discretion, objectivity and good judgement * Ability to meet time commitments of the job * Willingness to participate in ongoing training & development * Resident of the City of Ottawa * Criminal reference check required
ANNUAL REMUNERATION (for citizen representatives only)	$8,000

Policy Number: Policy Subject:
GA-3 BOARD TRAINING
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act, section 31(5)
DATE APPROVED	27 February 2006
DATE AMENDED	Sept. 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Annual Report to Board

LEGISLATIVE REFERENCE / AUTHORITY

Section 31(5) of the Police Services Act requires the Police Services Board to ensure that its members undergo any training that the Solicitor General may provide or require.

The Ottawa Police Services Board recognizes the importance of pursuing excellence in governance through an ongoing commitment to training, education and development, and has adopted this policy to formalize training and ongoing learning requirements for its members.

BOARD POLICY

REQUIRED TRAINING

1. Each member of the Ottawa Police Services Board during his or her first year of appointment is required to attend:

a) Any training sessions provided or required by the Ontario Ministry of Community Safety & Correctional Services.

b) Any orientation sessions for new members provided by the Chief of Police and Board Executive Director

2. Within the first two ~~three~~ years of being appointed to the Board, each member is required to attend the annual conferences of both of the following organizations at least once:

a) Ontario Association of Police Services Boards (OAPSB)

b) Canadian Association of Police Boards (CAPB).

3. The Board shall be represented by at least one member at each of the following:

a) meetings of OAPSB Zone 2 boards;

b) annual OAPSB conferences;

c) annual CAPB conferences;

d) meetings of Ontario large boards (“Big 12”).

OTHER LEARNING OPPORTUNITIES

4. Having satisfied the requirements set out in 1 and 2 above, and provided sufficient funds remain in the annual budget, board members are encouraged to attend other learning opportunities related to governance or policing such as those offered by (but not limited to):

a) the Canadian Police College

b) the Police Association of Ontario

c) the Ontario Association of Chiefs of Police

d) the Canadian Association of Chiefs of Police

e) the Canadian Professional Police Association

f) the Canadian Association of Civilian Oversight of Law Enforcement.

BOARD TRAINING AS A WHOLE

5. Board training as a whole will take place through inviting guest speakers to make presentations or deliver workshops on issues pertinent to board governance, board responsibilities or emerging trends in policing, with an emphasis placed on issues of a strategic nature.

ANNUAL REPORTING

6. Individual Board member training and Board training as a whole will be reported on as part of an annual report on Board Activity and Performance in the first quarter of each year.

Policy Number: Policy Subject:
GA-4 BOARD COMMITTEES
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act, sections 34 & 61(9)
DATE APPROVED	26 June 2006
DATE AMENDED	24 September 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Addressed through Annual Report on Board Performance

LEGISLATIVE REFERENCE / AUTHORITY

Section 34 of the Police Services Act states that, “A Board may delegate to two or more of its members any authority conferred on it by this Act, except the authority to bargain under Part VIII, which the Board may delegate to one or more members.”

Section 61(9) of the Police Services Act states that, “A board that is composed of more than three members may appoint a committee of not fewer than three members of the board (two of whom constitute a quorum for the purpose of this subsection) to review a complaint and to make recommendations to the board after the review and the board shall consider the recommendations and shall take any action, or no action, in response to the complaint as the board considers appropriate.”

BOARD POLICY

The Ottawa Police Services Board has established four standing committees to assist it in performing its responsibilities, as is permitted under the Act. This policy sets out the general principles for the functioning of these committees and the terms of reference for each.

GENERAL PRINCIPLES

1. The function of a Board committee is to assist the Board with its tasks in the exercise of its authority and responsibilities.

2. The Board may establish standing or ad hoc committees to inquire into and report on any matter within the jurisdiction of the Board.

3. The Board defines the mandate of committees and appoints the committee membership by resolution. Each Committee shall appoint a Chair of the Committee. If the Board Chair is not appointed to a committee, he/she is an ex officio member of all committees.

4. Expectations and authority shall be clearly defined in order to not conflict with authority delegated to the Chief of Police.

5. Committees shall deal through the Board Executive Director with the Chief, or his/her designate(s), when services are required from staff to assist the committee.[2]

6. The Board may delegate tasks and projects to the committees, and each committee shall obtain direction from the Board for its activity or mandate and shall report back on its activities on a regular basis.

7. Committees make recommendations to the Board unless specific authority is delegated to a committee to make a decision.

8. Board committees may not speak or act for the Board except when formally given such authority for specific and time-limited purposes. The Board Chair may designate a committee Chair to speak to the media regarding deliberations of the committee.

9. Membership on Board committees and external committees shall be reviewed annually and revised accordingly.

10. The general principles contained in this policy apply 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.

11. To meet its legislated responsibilities under the Police Services Act and to assist the Board in fulfilling its duties, the Board will have four standing committees (terms of reference for each of the committees are set out below):

a) Complaints Committee

b) Finance and Audit Committee

c) Human Resources Committee

d) Policy and Governance Committee.

COMMITTEE TERMS OF REFERENCE

A. COMPLAINTS COMMITTEE

1. LEGISLATIVE REFERENCE / AUTHORITY

- Police Services Act section 61(9)

- Board’s Complaints Policy ~~Procedure~~ (Reference Board Policy GA-9)

2. PURPOSE

To review complaints about policies or services of the Ottawa Police Service at the request of the complainant.

3. COMPOSITION AND OPERATIONS

1. The Committee shall be composed of three or more members appointed by the Board, with one member designated by the Committee to serve as Chair.

2. The Committee shall operate in a manner consistent with the provisions of the Board’s Complaints ~~Procedure~~ Policy and the Board’s Policy ~~Governance~~ Manual.

3. The Committee shall meet as required, at the call of the Chair or by agreement of the Committee.

4. The Board Executive Director shall consult with the Chair on the agenda development, be responsible for preparation and distribution of the agenda package and shall maintain a record of the meetings.

5. The Committee may invite such Board members and outside parties, and in consultation with the Chief such employees, as may be deemed desirable to attend meetings and assist in the discussion and consideration of the business of the committee.

4. ROLES AND RESPONSIBILITIES

1. Upon receipt of a request for a review pursuant to section 63(5) ~~1(7)~~ of the Police Services Act, immediately notify the Chief in writing and request the materials set out in ~~Article 4.4.2 of~~ the Board’s Complaints Policy~~Procedure~~.

2. Within 30 days of receiving the request, review the complaint and submit a recommendation to the Board, including a recommendation on whether or not to hold a public meeting.

1.~~Review the Reporting Process outlined in the Complaints Procedure periodically with a view to determining the adequacy of resources directed to administer complaints.~~ [THIS IS OPERATIONAL AND INCLUDED IN THE NEW COMPLAINTS POLICY AS THE CHIEF’S RESPONSIBILITY]

5. ACCOUNTABILITY

1. The Committee shall review the terms of reference for the Committee at least once every three (3) years and make recommendations to the Board as required.

2. The Committee shall keep a record of its meetings and the meeting minutes shall be submitted to all Board members along with the Committee’s recommendations.

B. FINANCE AND AUDIT COMMITTEE

1. LEGISLATIVE REFERENCE / AUTHORITY

Police Services Act section 34.

2. PURPOSE

To assist the Board in fulfilling its responsibilities in the areas of financial planning, budget preparation and monitoring, auditing, quality assurance and risk management.

3. COMPOSITION AND OPERATIONS

1. The Committee shall be composed of three (3) members appointed by the Board, with one member designated by the Committee to serve as Chair.

2. The Committee shall operate in a manner consistent with the provisions of the Board’s Policy Governance Manual.

3. The Committee shall meet at least four times a year.

4. The Committee shall meet at the call of the Chair, or by agreement of the Committee.

5. The Board Executive Director shall consult with the Chair on the agenda development, be responsible for preparation and distribution of the agenda package and shall maintain a record of the meetings.

6. The Committee may invite such Board members and outside parties, and in consultation with the Chief such employees, as may be deemed desirable to attend meetings and assist in the discussion and consideration of the business of the committee.

4. ROLES AND RESPONSIBILITIES

Budget & Financial Planning

1. Provide input into the development of fiscal policies, objectives and priorities.

2. Provide input and feedback to staff during the annual budget development process.

3. Review annually the budget development process and guidelines, and make recommendations to the Board for revisions as required.

4. Review the annual budget for consistency with the Service’s long range financial plans.

5. Review periodically the Service’s long range financial plans to ensure stability and consistency with strategic directions for the organization.

6. Review quarterly financial statements and any audited financial statements provided to the Board.

1.Review the Ottawa Police Service Board’s Finance and Administration Procedure Manual, in consultation with the Director General, at least once every three (3) years and make recommendations for revisions to the Board as required.

Audit & Quality Assurance

8. Provide input into the annual Audit Workplan.

9. Review the results of any internal and external audits.

10. Review the annual consolidated report on the operations of the Ottawa Police Service’s Quality Assurance Section.

5. ACCOUNTABILITY

1. The Committee shall review the terms of reference for the Committee at least once every three (3) years and make recommendations to the Board as required.

2. The Committee shall keep a record of its meetings and the meeting minutes shall be available to all Board members upon request.

C. HUMAN RESOURCES COMMITTEE

1. LEGISLATIVE REFERENCE / AUTHORITY

Police Services Act section 34.

2. PURPOSE

To assist the Board in fulfilling its oversight and employer responsibilities under the Police Services Act in relation to human resource and compensation matters.

3. COMPOSITION AND OPERATIONS

1. The Committee shall be composed of three (3) members appointed by the Board, with one member designated by the Committee to serve as Chair.

2. The Committee shall operate in a manner consistent with the provisions of the Board’s Policy Governance Manual.

3. The Committee shall meet as required, at the call of the Chair or by agreement of the Committee.

4. The Board Executive Director shall consult with the Chair on the agenda development, be responsible for preparation and distribution of the agenda package, and shall maintain a record of the meetings.

4. ROLES AND RESPONSIBILITIES

1. To develop Board collective bargaining objectives and a strategy for negotiations with the respective Associations, in consultation with the Chief of Police (or designate), labour relations advisor and/or legal counsel[3].

2. A member of the Committee will participate in collective bargaining sessions with the associations.

3. Review and render decisions on grievances referred to the Board by the associations in accordance with the processes outlined in their respective collective agreements.

4. Annually review and recommend compensation for the Chief of Police, Deputy Chiefs, Director General and General Counsel, taking their submissions into account.

5. Annually review the performance of the Board’s Executive Director.

6. Annually review the performance evaluation process for the Chief of Police and Board Executive Director, and recommend changes if necessary.

7. Review with the Chief, or designate(s), existing management resources and plans, including recruitment and training programs, to ensure that qualified personnel will be available for succession to executive positions in the Police Service, and report the results of the review to the Board at least once a year.

8. Communicate on a regular basis with representatives of other large boards in the Province to stay abreast of trends and strategies in collective bargaining.

5. ACCOUNTABILITY

1. The Committee shall review the terms of reference for the Committee at least once every three (3) years and make recommendations to the Board as required.

2. The Committee shall keep a record of its meetings and the meeting minutes shall be available to all Board members on a confidential basis upon request.

D. POLICY AND GOVERNANCE COMMITTEE

1. AUTHORITY / LEGISLATIVE REFERENCE / AUTHORITY

Police Services Act section 34.

2. PURPOSE

To develop and evaluate performance associated with all Board policies related to governance and police service delivery.

3. COMPOSITION AND OPERATIONS

1. The Committee shall be composed of three members appointed by the Board, with one member designated by the Committee to serve as Chair.

2. The Committee shall operate in a manner consistent with the provisions of the Board’s Policy Governance Manual.

3. The Committee shall meet at least four times a year.

4. The Committee shall meet at the call of the Chair, or by agreement of the Committee.

4. ROLES AND RESPONSIBILITIES

1. Take the lead in identifying the need for new policies.

2. Develop new policies, procedures and tools that will enhance the performance of the Board and the Police Service.

3. Develop an annual work plan for the Board.

4. Provide input throughout the development phase of the Business Planning process.

5. Review Board policies at least once every three (3) years and submit results of review, including recommended revisions, to Board.

6. Review the Board’s committee structure at least once every three (3) years to assess its continued appropriateness.

7. Review the Board’s annual performance self-evaluation process on an annual basis and make recommendations for changes to the Board.

8. Review the Ottawa Police Service Board’s Finance and Administration Procedure Manual, in consultation with the Director General, at least once every four (4) years and make recommendations for revisions to the Board as required.

9. Prior to vacancies occurring on the Board, assess the composition and skill set of the Board, and make recommendations to appointing body regarding the qualities and skills needed to achieve the collective skill set required by the Board.

10. Provide input into Board member orientation and ongoing development needs.

11. At the request of the Board, undertake any other corporate governance initiatives that may be necessary or desirable to contribute to the success of the Board.

5. ACCOUNTABILITY

1. The Committee shall review the terms of reference for the Committee at least once every three (3) years and make recommendations to the Board as required.

2. The Committee shall keep a record of its meetings and the meeting minutes shall be available to all Board members upon request.

Policy Number: Policy Subject:
GA-5 BOARD PLANNING AND PERFORMANCE REVIEW
LEGISLATIVE REFERENCE / AUTHORITY	Adequacy and Effectiveness of Police Services Regulation 3/99, section 35
DATE APPROVED	June 1999
DATE AMENDED	24 September 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Annual Report on Board Performance

LEGISLATIVE REFERENCE / AUTHORITY

Section 35 of the Province’s Adequacy and Effectiveness of Police Services Regulation requires that 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.

This policy addresses two components of the Board’s work:

1. Identifies a process for annually determining work plans for the Board and its four standing committees; and

2. Identifies a process for annually reviewing the Board’s performance and compliance with its work plan, relevant policies, the Police Services Act and Ministry regulations.

BOARD POLICY

INTRODUCTION

To assist the Board in planning its activities and ensuring it is fulfilling its responsibilities, the Board will follow an annual planning cycle that includes establishing a yearly work plan for the Board and each of its four standing committees. To assist the Board in pursuing a commitment to continual improvement in its performance, the annual work plan will include a review of the Board’s performance.

GENERAL PRINCIPLES

1. The cycle will begin in the third quarter of each year (July to September) with the initial development of work plans for the upcoming calendar year. Development at this time will ensure the Board considers key issues that need to be addressed during the budget process for the coming year.

2. The Policy and Governance Committee will take the lead in drafting the annual work plan for the Board and will present it to the Board for approval.

3. Work plans for ~~Each~~ of the Board’s four standing committees will flow out of the Board work plan. ~~be responsible for finalizing their own workplans and for coordinating them with the overall Board workplan.~~

4. The development of the work plans will include consultation with other groups to be involved, and consideration of Board education and training needs.

5. The work plans will include periodic reviews of Board policies according to the review schedules approved by the Board and identified in individual policies.

6. The Board’s work plan will include an annual review of compliance with Ministry Standards~~, both those applicable to the Chief and those applicable to the Board~~.

7. The Board’s work plan will include an evaluation of the Chief’s performance ~~in March of~~ each year coinciding with the anniversary of his/her start date.

8. The Board’s work plan will include self-evaluations of its own performance at least every four years.

9. The results of the performance review will be reported on publicly in the first quarter of the following year.

10. The Board will make public an annual report containing statistics on Board activity, training and performance ~~and training~~ for the previous year.

Policy Number: Policy Subject:
GA-7 BOARD DISCRETIONARY FUND
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act, section 37~~1(1)(c)~~
DATE APPROVED	11 May 1998
DATE AMENDED	May 2003
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Annual report to Board in December

LEGISLATIVE REFERENCE / AUTHORITY

Section 37~~1(1)(c)~~ of the Police Services Act states that the board shall establish its own rules and procedures in performing its duties under the Act. ~~policies for the effective management of the police force.~~ This policy was created to provide direction to the Board in allocating discretionary funds at its disposal.

BOARD POLICY

INTRODUCTION

The Ottawa Police Services Board has discretionary funds within its Budget to be used for such purposes as: purchasing tickets or making donations to fundraising events held by organizations working closely with the Police Service; funding members of the Police Service to participate in police-sponsored events; or contributing to programs/projects that further the work of the Police Service in the areas of crime prevention, community policing or other public safety initiatives.

GOAL

To establish a Discretionary Fund Policy, consisting of a set of guidelines that identifies recognized funding priorities to assist the Board in allocating the discretionary funds contained within the Board’s budget. The guidelines need not limit the Board in its funding of unique projects/functions, but would provide some consistency and rationale in dealing with expenditures that come before the Board for consideration.

PRIORITIES

The Ottawa Police Services Board will give preference to funding requests that fall into one of the following categories:

· Community Relations through Involvement with Police-Related Organizations

Intended to enable the Board to purchase tickets or contribute donations to fundraising events. The attendance and participation of Board members at fundraising events for organizations that work closely with the Ottawa Police Service serves to demonstrate the Board’s goodwill and community involvement.

· Board/Police Service Relations

To assist members of the police service to participate in police-sponsored events, with the goal of enhancing the image of the Ottawa Police Service in other communities as well as at home.

· Public Education/Awareness

To provide funding to projects outside of routine advertisements and the approved Communications Strategy of the Police Service, that assist the Board in communicating to the general public information related to crime prevention, community policing or other public safety issues.

· Special Board Requirements

Intended to provide flexibility to the Board to fund one-time requirements associated with Board functions, such as the sponsorship of functions at board-related conferences, or special meeting requirements outside of normal budgetary provisions.

ELIGIBILITY CRITERIA

- Groups and organizations requesting funding must be based in Ottawa and organized along not-for-profit principles. Funding requests from individuals will not be considered.

- The organization receiving funding must clearly provide a benefit for the Ottawa Police Service and the community.

- The activities of the organization must reflect the Mission Statement of the Ottawa Police Service.

- Use of the funds must not extend beyond the current fiscal year.

- Funds cannot be used to cover a deficit from a previous year.

- Funds will only be provided to the group directly responsible for the activity or project being funded.

- As a condition of funding, the organization must be willing to make available, if requested, financial records indicating the disposition of the Board’s contribution to the project or activity.

- Funds not used as allocated or not needed within the fiscal year, in whole or in part, shall be returned to the Board.

REPORTING AND ANNUAL REVIEW

The Board Executive Director shall prepare and submit an annual report to the Board that will summarize for the completed fiscal year all requests for grants and those approved by the Board. This report shall be submitted to coincide with the annual Police budget review. At this time the Board will review the policy to ensure that the funding priorities and criteria remain reasonable and reflective of the Board’s own priorities.

Policy Number: Policy Subject:
GA-8 LEGAL SERVICES
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act, sections 37~~1(1)(c)~~
DATE APPROVED	1996 (as part of FAP Manual)
DATE AMENDED	24 September 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Quarterly reporting to Board

LEGISLATIVE REFERENCE / AUTHORITY

Section 37~~1(1)(c)~~ of the Police Services Act states that a board shall establish its own rules and procedures in performing its duties under the Act. ~~policies for the effective management of the police force.~~ This policy provides direction with regard to the provision of legal services required by the Board, including delegations of responsibility.

BOARD POLICY

SECTION 1 - LITIGATION

1.1 GENERAL AUTHORITY

.1 The Board

As a normal consequence of its operations and the exercise of its responsibilities, the Board is involved in litigation both as Plaintiff and Defendant before the Courts and various administrative tribunals. The Board has overriding authority to commence, manage and settle all legal matters involving the Ottawa Police Service. For administrative and other reasons, the Board has delegated its authority over a variety of legal matters as set out in this policy.

.2 Board Solicitor

The Board Solicitor has general authority to supervise the defence, prosecution and conduct of all matters or actions brought by or against the Board, subject to such instructions as may be issued by the Board from time to time. In the conduct of such litigation, the Board Solicitor is to use the most efficient combination of staff and external legal services as required to represent and defend the interests of the Board in each issue at hand.

.3 Chief of Police

The Board Solicitor shall advise the Chief of Police of the defence, prosecution, conduct, or settlement of any matter or action brought by or against the Board, and ensure the Chief of Police has an opportunity to provide input for consideration should he/she wish. Similarly, the Chief of Police shall advise the Board Solicitor of any action brought to his/her attention.

.4 Disagreement

Notwithstanding any other provision, when consultation between the Board Solicitor and Chief of Police is warranted and such consultation does not result in agreement on the course of action to be taken, the matter shall be referred to the Board for resolution.

.5 Option

Notwithstanding any delegation of authority in this policy, the Board Solicitor may seek direction from the Board in any situation in which the Board Solicitor feels it is appropriate or desirable to do so.

1.2 SMALL CLAIMS COURT

The Small Claims Court exercises jurisdiction over minor claims subject to a maximum amount, which is currently $10,000. The Board Solicitor shall have authority to commence, defend, settle and abandon all matters within the jurisdiction of the Small Claims Court.

1.3 ONTARIO COURT OF JUSTICE

The Ontario Court of Justice, formerly the Ontario Court (Provincial Division), is the forum for the prosecution of by-law offences as well as offences governed by the Provincial Offences Act. The Board Solicitor shall have authority to commence, defend, settle and abandon all matters within the jurisdiction of the Ontario Court of Justice.

1.4 SUPERIOR COURT OF JUSTICE

The Superior Court of Justice, formerly the Ontario Court (General Division), is generally the Trial Court or Court of first instance and includes two branches, Divisional Court and Small Claims Court. The jurisdiction of the Small Claims Court is described in subsection 1.2. The Divisional Court considers matters of appeal and judicial review.

Proceedings in the Superior Court of Justice are initiated either by Statement of Claim or by way of Application.

The Board Solicitor is authorized to conduct the defence of all actions and to take such steps, including all interim proceedings, as may be considered necessary or proper.

The Board Solicitor, in consultation with the Chief of Police, is authorized to commence and prosecute all actions for damages and other relief when the amount at issue is expected to be less than $250,000.00 and to take such steps, including all interim proceedings, as may be considered necessary or proper.

The approval of the Board is required to commence all other actions in the Superior Court of Justice.

1.5 FEDERAL COURT

All legal matters to be commenced in the Federal Court shall be approved by the Board.

1.6 RELATED MATTERS

In exercising the authority granted by this chapter, the Board Solicitor shall have authority to:

.1 Payment of Expenses

Authorize the payment of all expenses related to the conduct of any action or matter and the payment of any costs awarded against the Board.

.2 Execution of Documents

Execute all documents required to conduct any action, or conclude the settlement of any action or matter.

.3 Enforcement of Judicial Rulings

Take all steps required to enforce orders, decisions, awards and judgements.

1.7 EXCEPTIONAL CIRCUMSTANCES

Where time constraints or other circumstances will not allow for the required authority granting procedures to be followed with respect to any legal matter, the Board Solicitor shall have the authority to take the appropriate action and report such action to the Board at the earliest opportunity.

SECTION 2 - SETTLEMENTS

2.1 SMALL CLAIMS COURT

The Board Solicitor shall have authority to settle or abandon all Small Claims Court actions.

2.2 ALL OTHER COURTS

.1 Board Solicitor

The Board Solicitor, in consultation with the Chief of Police, shall have authority to settle any action where the amount to be paid to or paid by the Board does not exceed $100,000.00.

.2 The Board

Subject to subsection 2.2.1, the Board shall approve the settlement of all actions and claims.

SECTION 3 - UNCOLLECTIBLE AMOUNTS

3.1 Where, in the opinion of the Board Solicitor, a claim cannot be supported by legal principles, the Board Solicitor shall have the authority to abandon and write off the claim.

3.2 Where the Board Solicitor deems an amount or claim to be uncollectible, in whole or in part, and the amount or claim or part thereof, exclusive of interest, does not exceed the amount stated in subsection 2.2.1, the Board Solicitor shall have authority to abandon and write off the claim.

SECTION 4 - APPEALS

4.1 SMALL CLAIMS COURT

The Board Solicitor shall have authority to appeal decisions of the Small Claims Court and Ontario Court of Justice.

4.2 ALL OTHER COURTS

.1 The Board

The Board shall authorize all appeals or applications for judicial review of decisions of all courts other than those specified in subsection 4.1.

.2 Board Solicitor

Defence of appeals or applications for judicial review do not require the approval of the Board; however, they shall be reported to the Board for information.

SECTION 5 - ADMINISTRATIVE TRIBUNALS

5.1 JURISDICTION

This section applies to ~~ese matters involve~~ hearings before the Ontario Labour Relations Board, Ontario Civilian Police Commission ~~on Police Services~~, ~~Police Public Complaints Commission,~~ Coroner’s Inquests and other administrative tribunals. Arbitration matters are also included.

5.2 AUTHORITY

The Board Solicitor shall have authority to make applications, conduct hearings, represent the Board’s interests and take objection to all matters brought before administrative tribunals.

5.3 APPEALS

The Board Solicitor shall have the authority to appeal any decision of an administrative tribunal where the appeal lies to another administrative tribunal. The Board Solicitor shall have the authority to commence judicial review of decisions of administrative tribunals that relate to labour relations. The Board shall authorize all other appeals or applications for judicial review of the decisions of administrative tribunals.

SECTION 6 - REPORTING TO THE BOARD

6.1 The Board Solicitor shall submit a report to the Board on a quarterly basis that includes statistical information and a concise analysis of trends on:

.1 positive and negative variances against the approved budget;

.2 all claims or actions filed against the Board including how many have been filed, how many are outstanding, how many have been settled, the nature of them (categorized by type), and the cost of settlements;

.3 the number, cost and outcome of all appeals and applications for judicial review;

.4 any issues of significance the Board should be advised of.

NOTE THIS POLICY IS NEW AND REFLECTS THE ESTABLISHMENT OF THE OFFICE OF THE INDEPENDENT POLICE REVIEW DIRECTOR AND OTHER CHANGES INTRODUCED BY BILL 103.

Policy Number: Policy Subject:
GA-9 COMPLAINTS
LEGISLATIVE REFERENCE / AUTHORITY	Ontario Police Services Act, sections 31(1)(i), 31(1)(j) and Part V Ontario Regulation 263/09 – Local Complaints
DATE APPROVED	23 February 1998
DATE AMENDED
DATE TO BE REVIEWED	2011
REPORTING REQUIREMENT	Quarterly reports to the Board

LEGISLATIVE REFERENCE / AUTHORITY

1. Section 31(1)(i) of the Police Services Act requires the Police Services Board to establish guidelines for dealing with complaints made under Part V of the Act.

2. Section 31(1)(j) requires the Police Services Board to review the Chief of Police’s administration of the complaints system under Part V and receive regular reports from the Chief of Police on his or her administration of the complaints system.

3. Part V of the Act sets out procedures for the handling of complaints about policies or services of the Police Service, or about the conduct of sworn members of the Police Service including the Chief or a Deputy Chief of Police.

4. Bill 103 received Royal Assent in 2007; the Bill established the Office of the Independent Police Review Director (OIPRD) and amended the Police Services Act to create a new public complaints process. More specifically, Bill 103 added a new Part II.1 setting out the duties of the OIPRD, and repealed and replaced Part V of the Act.

5. Ontario Regulation 263/09 made under the Police Services Act, sets out procedures for handling public complaints as “local complaints” under the complaints system established by Bill 103.

GENERAL

1. If the Board receives a complaint in the prescribed from, the Board shall send it to the OIPRD for screening within three business days.

2. The OIPRD will determine the type of complaint and whether to exercise discretion to deal with the complaint.

3. Complaints filed by the public may be in relation to conduct, policy or service issues. Conduct issues regarding the Chief or Deputy Chief will be referred to the Board by the OIPRD, all others will be referred to the Chief of Police.

DEFINITIONS

For the purposes of this policy, the following definitions apply:

a) “the Act” means the Police Services Act, R.S.O. 1990, c. 15, as amended by S.O. 1997 c. 8 and Bill 103

b) “Board” means the Ottawa Police Services Board

c) “OIPRD” means the Office of the Independent Police Review Director

d) “Commission” means the Ontario Civilian Police Commission

e) “Complaints Procedure” means the internal procedures adopted by the Ottawa Police Service for the handling of complaints.

f) “Chief” means the Chief of Police of the Ottawa Police Service.

g) “Deputy Chief” means a Deputy Chief of Police of the Ottawa Police Service.

h) “Investigating Chief” means the Chief of Police of another police service assigned by the Commission to investigate a complaint against the Chief or Deputy Chief.

i) “Local Complaint” means a complaint that qualifies to be handled in accordance with Regulation 263/09 and without the filing of a formal complaint under Part V of the Act.

j) “Misconduct” means an act or omission on the part of an officer, including the Chief or Deputy Chief, that constitutes an offence under the Act.

k) “Offence” refers to a violation of a law of Canada or of a province of territory.

l) “Officer-in-Charge” means a member of the Ottawa Police Service assigned by the Chief of Police to oversee the handling of complaints.

BOARD POLICY

This policy provides direction to the Board and to the Chief of Police regarding the obligations of both parties under the Police Services Act and associated Regulations.

1. GENERAL APPLICATION

It is the direction of the Ottawa Police Services Board that the Chief of Police shall:

1. Develop and maintain an Ottawa Police Service Complaints Procedure to ensure that complaints are processed in accordance with the provisions of the Act, associated regulations and this policy.

2. Ensure that the Complaints Procedure incorporates a fair and transparent process for both the public and members of the Ottawa Police Service including a requirement that, where notice or information is to be provided to a person affected by a complaint (either a complainant or police officer), that notice is prompt, professional, complete and delivered in accordance with the Act.

3. Ensure that the Complaints Procedure refers to and incorporates opportunities to apply informal resolution of complaints where appropriate and in compliance with the Act, in recognition of the Board’s endorsement of the concept of informal resolution and the importance of the role of all members of the Service in the resolution of complaints.

4. Ensure that information about the complaints process and complaint forms are available on the Ottawa Police Service website and in public areas of every Ottawa Police Service office and police centre, in the format provided by the OIPRD.

5. Ensure that the complainant is made aware of the OIPRD, is provided with information on the Public Complaint process, and is provided with assistance in filling out the OIPRD form.

6. Ensure that all forms, pamphlets and written material concerning the Complaints Procedure are available in both official languages and that resources are available to ensure that complaints, investigations and services related to the Complaints Procedure are available in both official languages.

7. Ensure that the Complaints Procedure is accessible for persons with a disability, persons who may not be literate, and persons who do not speak either official language.

8. Ensure that the Complaints Procedure includes provisions for the involvement of Human Resources staff in respect of complaints of unsatisfactory work performance, in recognition of the relationship between Part V of the Act and the Human Resources function.

9. Maintain a working relationship with the OIPRD and ensure that all directions from the OIPRD are complied with.

10. Ensure that all members of the Police Service receive adequate training in the Complaints Procedure and Part V of the Act, and the skills necessary to resolve complaints.

11. Ensure that appropriate staffing designations are made under the Act.

2 . COMPLAINT WITHDRAWALS

1. If a complaint is withdrawn by a complainant and the OIPRD has given notice of the withdrawal to the Chief or Board, depending on the type of complaint, the Chief or Board (as the case may be) may continue to deal with the complaint if they determine within 30 days of receiving the notice of withdrawal that it is appropriate to do so.

2. In making a decision concerning whether to proceed with a complaint that has been withdrawn, the Board or Chief, as the case may be, shall be guided by the public interest.

3. In the case of a public complaint about the conduct of a police officer, a complaint continued under paragraph 3.1 above shall be dealt with as if it had been made by the Chief or by the Board, as the case may be, in accordance with the Act.

4. If the Chief or Board continues to deal with a complaint about the conduct of a police officer after it is withdrawn, the Chief or Board, as the case may be, shall within 30 days after receiving the notice of withdrawal, notify the complainant and the police officer who is the subject of the complaint of the withdrawal and the continuance of the complaint unless, in the Chief’s or Board’s opinion, notifying the police officer might prejudice an investigation into the matter.

3. PUBLICATION OF DECISIONS

The Chief shall ensure that every decision made as a result of a hearing is made available to the public in the manner that he or she considers appropriate in the circumstances, and shall provide a copy of each such decision to the OIPRD.

4. LOCAL COMPLAINTS

Complaints may be treated as “local complaints” if the complainant has not filed a public complaint. In dealing with local complaints the Chief of Police shall:

1. Develop a Local Resolution/Local Complaint Procedure in compliance with Ontario Regulation 263/09.

2. The Local Complaint Procedure shall state that the Officer-In-Charge must refuse to process a complaint as a Local Complaint if:

a) the involved officer has committed or been charged with a criminal offence;

b) the complaint is against a Chief or Deputy Chief; or

c) the Officer-In-Charge believes it is in the public interest for the matter to be dealt with as a public complaint.

3. Ensure that, if the Local Complaint is not a qualifying matter in accordance with section 4.2 above, the complainant is asked to make a public complaint. If the complainant refuses to make a public complaint, the Chief shall direct that an internal complaint be forwarded to the Professional Standards Section for review.

4. Ensure that, if the Local Complaint is a qualifying matter, the Officer-In-Charge must accept it and attempt to resolve it by discussing the matter with the officer involved; facilitating discussion between the complainant and the officer; facilitating an apology by the officer if appropriate; or, contacting the Professional Standards Section if a formal mediation or alternative dispute resolution process is required.

5. Refuse to accept or deal with a Local Complaint if the complainant has already made a Part V complaint about the same matter.

5. POLICY AND SERVICE COMPLAINTS

The OIPRD determines if a complaint is about a policy or service of the Police Service and will refer the complaint to the Chief of Police. The Chief of Police:

1. Shall ensure that within 60 days of the OIPRD referral, the complainant is notified in writing of the disposition of the complaint, with reasons for the decision, and of their right to request the Police Services Board to review the complaint if they are not satisfied with the disposition. The complainant must request a review, in writing, within 30 days of receiving the disposition.

2. May extend the 60-day period by notifying the complainant in writing of the extension before the expiry date of the period being extended.

3. Shall ensure that upon disposition of every complaint about a policy or service, a brief written synopsis, including the disposition of the complaint, is submitted to the Police Services Board as part of the Quarterly Complaints Report.

Requests for Review:

4. As permitted under section 63(7) of the Act, the Board shall establish a “Complaints Committee” made up of three members of the Board (two of whom constitute a quorum), to review policy or service complaints and make recommendations to the Board.

5. Upon receipt of a request for a review, the Board’s Executive Director shall immediately notify the Chief in writing, and shall request the materials set out in paragraph 6 below.

6. When a review of a policy or service complaint has been requested, the Chief shall submit a written report to the Board’s Complaints Committee that includes the following:

a) a copy of the complaint;

b) a copy of the relevant forms provided to the complainant;

c) a copy of the written disposition provided to the complainant;

d) any other documentation or information considered in making any findings in respect of the complaint.

7. Within thirty (30) days of receiving the request for review, the Complaints Committee shall:

a) review the report of the Chief; and

b) make a written report to the Board with recommendations concerning the disposition of the complaint, including a recommendation as to whether or not to hold a public meeting on the matter.

8. The Complaints Committee may extend the time limit in paragraph 7 above, upon giving notice to the complainant, the Chief and the Board.

9. If so requested by the Board, the Complaints Committee shall provide to the Board all documentation and information considered by the Complaints Committee in making its recommendation.

10. In deciding whether to hold a public meeting pursuant to the Act, the Board shall consider at least the following:

a) whether the complaint raises significant present, past or potential issues concerning public safety, law enforcement, and crime prevention in the City of Ottawa;

b) whether public input could reasonably be required to effectively deal with the complaint, and

c) whether it is in the public interest to hold such a public meeting.

11. a) Notice of a public meeting to be held pursuant to section 63(8) of the Act shall be given by publication in English and French language newspapers that, in the opinion of the Board, are of sufficiently general circulation in the City so as to give the public reasonable notice of such meeting.

b) The notice shall include at least the following:

(i) a summary of the nature of the complaint;

(ii) the time and place of the meeting;

(iii) the address for filing of written submissions;

(iv) the deadline for filing of such written submissions;

(v) any other relevant information.

12. The Board shall make a decision with respect to the complaint, including a decision to hold a public meeting, and notify the complainant, the Chief and the OIPRD of its decision, in writing, within sixty (60) days of receipt of the request for review.

13. The Board may extend the time described in paragraph 12 above by giving written notice to the Chief and the complainant.

14. Wherever feasible, the Board shall deal with all issues relating to the complaint in a public meeting of the Board.

15. In accordance with section 35(4) of the Act, the Board may decide to deal with all or part of a complaint in camera.

16. The Board shall ensure compliance with the Municipal Freedom of Information and Protection of Privacy Act and shall not disclose any personal information of the complainant or other parties without their consent.

6. CONDUCT COMPLAINTS - OFFICER

1. This section is applicable to complaints about the conduct of an officer other than the Chief or a Deputy Chief. The Chief of Police shall ensure that:

a) The Complaints Procedure regarding the handling of public complaints about the conduct of an officer is compliant with the Act.

b) The Board is kept informed of any serious complaint by way of confidential written reports.

c) All decisions concerning criminal charges will be made in consultation with the Crown Attorney’s Office. The Board shall be notified of these decisions as soon as reasonably possible.

e) Complainants are given all necessary guidance, support and protection, including confidentiality of the complainant's identity when requested by the complainant, except for such disclosures as may be required by law.

f) Complainants are advised of the progress of disciplinary proceedings and their right to participate and are also informed of their right to request anonymity and a closed hearing.

g) No further action is taken with respect to a complaint once the Chief is notified of the resignation of an officer who is the subject of a non-criminal complaint. The Chief shall advise the OIPRD of the resignation if the complaint was made by a member of the public.

2. No member of the Board or Police Service shall enter into any agreement concerning criminal charges that involves the resignation of a member of the Police Service or Board.

7. CONDUCT COMPLAINTS - CHIEF OR DEPUTY CHIEF

1. General

This section relates to conduct complaints about the Chief or a Deputy Chief and provides direction to the Board in reviewing conduct complaints generated by the Board itself, and public complaints referred to it by the OIPRD.

2. Internal Board Complaints About the Chief or Deputy Chief

1. In initiating a complaint against the Chief or Deputy Chief, the Board is not a complainant for the purposes of Part V of the Act.

2. The Board shall promptly give notice of the substance of the complaint to the Chief or Deputy Chief unless, in the Board’s opinion, to do so might prejudice an investigation into the matter.

3. If the Board is of the opinion that the Chief or Deputy Chief’s conduct may constitute an offence, or misconduct or unsatisfactory work performance, the Board shall ask the Ontario Civilian Police Commission to assign the Chief of Police of another police force to cause the complaint to be investigated promptly, and the investigation to be reported on in a written report at the Board’s expense.

4. At the conclusion of the investigation, the Investigating Chief may form the opinion that the complaint is unsubstantiated and in such a circumstance, the Investigating Chief shall report that opinion in writing to the Board.

5. If the Board receives a written report from the Investigating Chief with the opinion that the complaint is unsubstantiated, the Board shall take no action in response to the complaint and shall notify the Chief or Deputy Chief who is the subject of the complaint in writing of the decision, together with a copy of the written report.

6. At the conclusion of the investigation, the Investigating Chief may form the opinion, on reasonable grounds, that the conduct of the Chief or Deputy Chief under investigation constitutes misconduct or unsatisfactory work performance. In such a circumstance, the Investigating Chief shall refer the matter to the Board together with a written report.

7. If the Board receives a written report from the Investigating Chief with the opinion that there are reasonable grounds to conclude that the conduct of the Chief or Deputy Chief constitutes misconduct or unsatisfactory work performance, the Board must make a decision regarding the seriousness of the misconduct or unsatisfactory work performance.

8. If the Board is of the opinion that the misconduct or unsatisfactory work performance is serious in nature, the Board shall hold a hearing into the matter or may refer the matter to the Commission to hold the hearing.

9. If the Board is of the opinion that the misconduct or unsatisfactory work performance is not of a serious nature, the Board may resolve the matter informally without holding a hearing, if the Chief or Deputy Chief consents to the proposed resolution.

10. If the Chief or Deputy Chief does not consent to an informal resolution, the Board shall hold a hearing in accordance with the Act.

11. Informal resolutions must be consented to by the Chief or Deputy Chief and the statutory “cooling off” period would not apply, unless it is a public complaint.

12. If an informal resolution is attempted but not achieved, the following rules will apply:

a) The Board shall provide the Chief or Deputy Chief with reasonable information concerning the matter and shall give him, or her, an opportunity to reply, orally or in writing.

b) Subject to sub-paragraph (c), the Board may impose on the Chief or Deputy Chief a one of the penalties described in the Act or any combination thereof, and may take any other action described in the Hearing section of the Act. The Board may cause an entry concerning the matter, the penalty imposed or action taken, and the Chief’s or Deputy Chief’s reply to be made in his or her employment record.

c) If the Chief or Deputy Chief refuses to accept the penalty imposed or action taken, the Board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing.

13. An entry made in the Chief’s or Deputy Chief’s employment record under the Act shall be expunged from the record two years after being made if, during that time, no other entries concerning misconduct or unsatisfactory work performance have been made in the record under Part V of the Act.

14. The Commission may at any stage in the complaints process direct the Board to deal with the complaint as it specifies.

3. Public Complaints About the Chief or Deputy Chief

1. All complaints about a Chief or Deputy Chief must be made to the OIPRD. The Board recognizes that it has no authority to initially receive a complaint. The Board shall forward any complaint received to the OIPRD within 3 business days of its receipt.

2. The OIPRD will undertake the preliminary screening of the complaint. The initial screening will consider whether the complaint is made within the statutory six month time frame; whether the complaint is frivolous or vexatious, and whether the complainant was directly affected by the conduct.

3. If a complaint passes the preliminary screening, the OIPRD shall refer all complaints about a Chief or Deputy Chief to the Board for review.

4. When a public complaint is referred to the Board by the OIPRD, the Board shall give notice of the substance of the complaint to the Chief or Deputy Chief, unless in the Board’s opinion, to do so might prejudice an investigation into the matter.

5. If at the conclusion of its review the Board decides the conduct is not an offence, misconduct or unsatisfactory work performance, then the Board shall take no action and shall notify the complainant, the Chief or Deputy Chief and the OIPRD in writing of the decision, with reasons.

6. If at the conclusion of its review the Board decides that the conduct is an offence, misconduct or unsatisfactory work performance, then the Board must ask the OIPRD to investigate and provide a written report, at the Board’s expense.

7. If at the conclusion of the investigation, the OIPRD is of the opinion that the complaint is unsubstantiated, the OIPRD shall report this conclusion in writing to the Board and the Board shall take no action regarding the complaint. The Board shall notify the complainant and the Chief or Deputy Chief in writing of the decision and provide a copy of the OIPRD report.

8. If at the conclusion of the investigation, the OIPRD is of the opinion, on reasonable grounds, that the conduct constitutes misconduct or unsatisfactory work performance, the substantiated complaint is referred to the Board together with a copy of the OIPRD written report. If the OIPRD is of the opinion that the conduct of the Chief or Deputy is not of a serious nature, the OIPRD can advise the Board when it submits the complaint to the Board.

9. If the Board receives a written report from the OIPRD substantiating the complaint, the Board must assess whether the conduct is of a serious nature.

10. If the Board views the complaint as serious, it shall hold a hearing into the matter or refer it to the Commission for a hearing.

11. If the Board considers the matter not to be of a serious nature, the Board may resolve the matter informally without holding a hearing if the Chief or Deputy Chief and the complainant consent to the proposed resolution.

12. The Chief or Deputy Chief and the complainant who consent to a proposed resolution may revoke the consent by notifying the Board in writing of the revocation no later than 12 business days after the day on which the consent is given.

13. If consent is not revoked by the Chief or Deputy Chief or complainant, the Board shall give notice of the resolution to the OIPRD and shall provide the OIPRD with any other information respecting the resolution that the OIPRD may require.

14. If consent to the informal resolution of a matter is not given or is revoked, the following rules apply:

a) The Board shall provide the Chief or Deputy Chief with reasonable information concerning the matter and shall give him, or her, an opportunity to reply, orally or in writing.

b) Subject to sub-paragraph (c), the Board may impose on the Chief or Deputy Chief any of the penalties described in the Act or any combination thereof, and may take any other action described in the Hearing section of the Act. The Board may cause an entry concerning the matter, the penalty imposed or action taken, and the Chief’s or Deputy Chief’s reply to be made in his or her employment record.

15. Any entry made in the Chief’s or Deputy Chief’s employment record shall be expunged from the record two years after being made, if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record.

16. As permitted by the Act, the Board and Chief or Deputy Chief may enter into an agreement to permit penalties or actions other than those permitted by the Act if the Chief or Deputy Chief consents, without a hearing.

17. The OIPRD has the power, at any time after a public complaint has been made and before a hearing is commenced, to:

a) Direct the Board to deal with the complaint as the OIRPD specifies;

b) Assign the conduct of a hearing to the Commission; or

c) Take or require to be taken by the Board any other action with respect to the complaint that he or she considers necessary under the circumstances.

18. A hearing held by the Board shall be in accordance with the provisions of the Statutory Powers and Procedures Act.

4. Resignation

1. If at any time after a complaint about the conduct of the Chief or Deputy Chief is made by the Board or a public complainant, and the Chief or Deputy Chief resigns before the complaint is finally disposed of, the Board shall take no further action.

2. If the complaint was made by a member of the public, the Board shall promptly notify the OIPRD of the resignation of the Chief or Deputy Chief.

3. If the complaint was initiated by the Board, the Board shall promptly notify the Commission of the resignation of the Chief or Deputy Chief.

8. MONITORING REQUIREMENTS

1. On an annual basis, the Chief shall provide the Board with a report outlining analysis of complaints to ensure efficiency and effectiveness of the administration of the complaints process.

2. The Chief shall, from time to time, review the public complaints process with a view to determining the adequacy of resources directed to administer complaints.

9. REPORTING REQUIREMENTS

The Chief of Police shall:

1. Submit quarterly written Complaints Reports to the Board at regularly scheduled Board meetings that include cumulative year-to-date information and the following:

a) For Policy and Service Complaints

i) the total number of complaints referred to the Ottawa Police Service from the OIPRD;

ii) a summary of the action taken, if any, for each complaint;

iii) the number of requests for review made to the Board concerning which the Board took action, a summary of the action taken, and the Service's response to the Board’s action;

iv) the date the complaint is received and the date it is finally disposed of; and

v) the number of time extensions made in respect of the complaints.

b) For Conduct Complaints (except those against the Chief or Deputy Chief)

i) the number of complaints referred to the Ottawa Police Service from the OIPRD;

ii) the number of complaints about other police services referred to the Ottawa Police Service from the OIPRD, and an estimate of the cost of such referrals;

iii) the number of complaints determined to be unsubstantiated;

iv) the number of OIPRD reviews requested and the results of those reviews;

v) the number of hearings held and the findings of the hearings;

vi) the number of complaints dealt with as Local Complaints, the number that were successfully concluded, and the number that became public complaints;

vii) the number of public complaints dealt with informally;

viii) the number of public complaints resolved;

ix) the number of public complaints that resulted in a penalty being applied without a hearing;

x) a summary of the penalties imposed following a hearing;

xi) the number of outstanding complaints as at the end of the reporting period;

xii) the date the complaint is received and the date it is finally disposed of;

xiii) the number of time extensions made in respect of the complaints; and

xiv) the number of appeals of a hearing decision and the outcomes.

2. Include relevant complaints information in the Police Service annual report.

3. Include in the Annual Report an analysis of the frequency, nature and substance of the policy and service and conduct complaints, excluding complaints against the Chief or a Deputy Chief, and the opinion of the Chief as to whether such frequency, nature and substance of the complaints requires some form of remedial or other training, or additional resources to process the complaints.

Policy Number: Policy Subject:
GA-11 BOARD COMMUNICATIONS AND COMMUNITY OUTREACH
LEGISLATIVE REFERENCE / AUTHORITY	N/A
DATE APPROVED	28 April 2008
DATE AMENDED	23 February 2009
DATE TO BE REVIEWED	2009
REPORTING REQUIREMENT	Address in Annual Report on Board Performance

BOARD POLICY

INTRODUCTION

The Ottawa Police Services Board has a responsibility to represent the public interest on matters of policing and to ensure community concerns are addressed in the policies adopted by the Board for the effective and adequate delivery of police services, and in planning for the future. To achieve this, the Board recognizes the importance of actively reaching out to local groups and residents to hear their concerns, and engaging them in ongoing, dynamic dialogue through a strategy of community engagement.

The Board also recognizes the important role that media can play in educating and engaging key stakeholders and the community on policing matters, fostering understanding about the Board and its work, and generating broad support for the Board’s mandate.

The Board is committed to effective, timely and positive communications with all its community partners and has developed this policy to achieve its communications goals.

GOALS

The Ottawa Police Services Board is committed to effective and proactive communication that will:

a) Engage stakeholders and the broader community through ongoing, dynamic dialogue.

b) Improve Board members’ understanding and knowledge of community concerns by soliciting regular input from stakeholders and the general public.

c) Stimulate stakeholder discussion about law enforcement and crime prevention issues.

d) Promote awareness and understanding of the Board, its role and its work.

e) Demonstrate the Board’s commitment to accountability and transparency.

f) Foster positive relationships with City Council, the media, community stakeholders and the public.

g) Provide the media, City Councillors and stakeholders with accurate and timely information about key Board initiatives and decisions.

h) Manage issues effectively and in a manner consistent with the Board’s communications goals.

i) Support the objectives of the Ottawa Police Service as outlined in the Business Plan.

GENERAL PRINCIPLES

It is the policy of the Ottawa Police Services Board that:

PART A - MEDIA RELATIONS

1. Unless otherwise specified, the spokesperson for the Board is the Chair of the Board. Should the Chair be unavailable, the Vice-Chair shall be the spokesperson for the Board.

2. In special circumstances, such as labour relations or where a Board subcommittee has been established on a specific issue, the Board may designate the member leading the negotiations, or the Chair of the committee, to act as spokesperson for the Board on the subject in question.

3. On matters of factual information, administration of the Board, or communicating a decision of the Board in response to an inquiry, the Board Executive Director may act as a spokesperson on behalf of the Board.

4. The Board Executive Director is responsible for informing the local media of the date and time of future Board meetings and news conferences held by the Board. He/she is also responsible for arranging news conferences and for coordinating joint events with the OPS Media Relations Section when both the Board and the Police Service are affected.

5. When required, the Board Executive Director will serve as a liaison between the media and the Board spokesperson when requests are received for interviews or comments.

6. The Board spokesperson shall be careful to speak only on matters within the jurisdiction and mandate of the Board and to avoid speaking about matters that fall under the jurisdiction of the Chief of Police.

7. When operational matters under the jurisdiction of the Chief of Police are likely to spark significant public interest or debate, the Chief will inform, where practicable, Board members before a public statement is made.

8. If warranted by the significance and seriousness of the matter, the Chief of Police and/or Board Chair may consult with the Board before information is released to ensure public release is appropriate and justified, and to receive advice on the format and tone of the communication.

9. Board members may communicate a position of the Board, however, should a Board member publicly disagree with a position of the Board, or should a Board member comment upon a matter not yet before the Board, she/he will clearly identify that they are speaking as an individual and not on behalf of the Board. Nor shall a Board member state the Board has taken a position on a matter until the matter has been voted upon.

10. Media releases shall be approved prior to release by the Chair, or in his/her absence, the Vice-Chair. Board members shall receive a copy of the release as soon as possible once it has been approved.

11. News conferences shall be called only at the discretion of the Chair, or in his/her absence, the Vice-Chair. Board members shall be advised of the event prior to its taking place.

12. Board members will respect the confidentiality appropriate to issues of a sensitive nature and those items disclosed or discussed in closed meetings.

13. Board members and staff will comply with all relevant legislation including the Municipal Freedom of Information and Protection of Privacy Act.

14. Communications from the Board will be in both official languages using the City of Ottawa’s French Language Services Procedure Manual as a guide. When required, the Chair may designate a French-speaking member of the Board to respond to media inquiries.

PART B - COMMUNITY RELATIONS

1. The Board will be proactive in communicating regularly with City Councillors, the media and community stakeholders about its work and significant initiatives such as the annual budget, by regularly issuing updates on its activities and decisions.

~~2.1.~~The Board will be proactive in communicating with City of Ottawa Council by holding, with the Chief of Police, an information session for Councillors at least once a year to provide them with an opportunity to learn and ask questions about police operational matters.

2. The Board will be proactive in engaging, educating and hearing from the public by holding up to ~~at least~~ four “public interest” meetings a year on topics of broad community concern or interest.

3. The Board will periodically invite primary external partners concerned with crime prevention and/or public safety to meet informally with the Board to discuss their concerns and priorities.

4. To inform itself and the public about the work and challenges of the Ottawa Police Service, the Board will periodically schedule, in consultation with the Chief, brief presentations to be heard at regular Board meetings from members of the Police Service in various units.

5. Communications from the Board will be in both official languages using the City’s Ottawa’s French Language Services Procedure Manual as a guide.

PRIMARY EXTERNAL STAKEHOLDERS

Ø City of Ottawa Council and Senior Officials

Ø The local Media (mainstream and community-based)

Ø Crime Prevention Ottawa and other crime prevention, community safety and affinity groups

Ø School Boards

Ø The Business Community

Ø Volunteer Sector

Ø Ottawa Neighbourhood Watch Executive Committee

Ø COMPAC – Community Police Action Committee

Ø Liaison Committee for GLBT Communities

Ø Provincial and Federal governments

Ø Citizens and residents of Ottawa.

Policy Number: Policy Subject:
GA-12 BOARD MEMBER TRAVEL AND EXPENSE REIMBURSEMENT
LEGISLATIVE REFERENCE / AUTHORITY	N/A
DATE APPROVED	24 November 2008
DATE AMENDED
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Periodic reporting to the Board on status of conference budget. Annual reporting on attendance at training events.

BOARD POLICY

INTRODUCTION

The members of the Ottawa Police Services Board attend various conferences, seminars and other meetings related to their duties with the Board and in accordance with the Board Training Policy GA-3. Funds are budgeted annually to allow for attendance of members at these functions. This policy establishes guidelines for attendance, travel, eligible expenses and reimbursement of expenses incurred as a result of Board members attending functions related to their duties or training.

APPLICATION AND SCOPE

The Board Member Travel and Expense Reimbursement policy applies to members and administrative staff of the Ottawa Police Services Board with respect to expenses incurred as a result of attendance at conferences, conventions, seminars, training sessions and meetings related to their duties with the Board.

GUIDELINES

1. General

1.1 Board members and Board staff will be reimbursed for eligible expenses as listed in section 3, incurred in the execution of their duties and for attendance at a Board-related conference, seminar, meeting or other event.

1.2 Reimbursement will be provided to Board members who travel by air, bus or train, personal vehicle or, with the approval of the Chair, a rented vehicle.

1.3 If air/rail travel is required, bookings will normally be made at the best advance booking price, taking into account economy and convenience. First class rail travel is permitted if the cost is comparable to economy airfare, otherwise all travel will be booked at economy fares if available.

1.4 Normally air/rail travel tickets will be arranged through the Board office, however, should it be necessary for a Board member to make their own travel arrangements to accommodate a personal or business schedule, the Board will reimburse the person for the ticket purchased.

2. Conference Approval Process

2.1 Early in each year Board members will receive a document outlining the dates, locations and estimated cost of commonly attended annual conferences for that year so Board members can give thought to which conferences they would like to attend. Details of other conferences shall be brought to the Board’s attention as they become available.

2.2 As each conference approachs, Board members will be asked to indicate their interest in attending and a report will subsequently be submitted to the Board at a public meeting requesting approval for those wishing to attend.

2.3 When time constraints do not allow for a report to go to the Board requesting approval for attendance at a conference, the Board Chair shall have the authority to authorize the attendance, including travel, of any person covered by this policy.

2.4 Board staff will ensure Board members approved for attendance at conferences are registered for the conference, and will book hotel accommodations and make travel arrangements on behalf of Board members. However, the Board member is responsible for payment of the cost and will be reimbursed upon submission of a duly completed Expense Claim Form.

2.5 An advance for anticipated costs associated with travel shall be provided to the member, if requested. Any difference will be reconciled on the Expense Claim Form. If the conference is in the United States, the travel advance will be paid in U.S. funds. Reimbursement will be paid at the rate of exchange on the date the expense was incurred.

3. Eligible Expenses

3.1 Board members will be reimbursed for:

i) Registration costs.

ii) Actual travel costs to and from the event, or the cost of economy airfare based on an advanced booking rate, whichever is less; original receipts required.

iii) Should a Board member use their own vehicle for travel to and from the event, kilometer reimbursement will be in accordance with Treasury Board of Canada rates effective January 1 of the calendar year in which the travel is claimed, up to a maximum cost equal to that of economy airfare at an advance booking rate.[4]

iv) A per diem allowance to cover the costs of meals and miscellaneous personal expenses will be provided for the number of full days away, including the days of departure and return. No receipts are required. For partial days, meal allowances will be provided as appropriate. If meals are provided at the event attended, no meal allowances will be paid for those meals. The per diem and meal allowances shall be made in accordance with Treasury Board of Canada rates effective January 1 of the calendar year in which the travel is claimed.16

v) Hotel accommodation at a single occupancy rate; original receipts required.

vi) Parking and ground transportation charges; original receipts required.

vii) Reasonable telephone calls supported by receipts when the per diem is not claimed;

viii) Should a Board member feel it is necessary to rent a car in order to attend an event, at the Chair’s discretion the cost may be claimed as an expense. Original receipts are required.

ix) The cost of purchasing out-of-country medical insurance coverage is an allowable expense provided receipts are submitted in evidence of the expense incurred. The maximum coverage will be the premium for single coverage for the actual number of days on business.

4. Ineligible Expenses

4.1 Payment of expenses related to the attendance of any person other than the Board member (eg. spouse, family member) will not be allowed.

4.2 Board members must pay for their own expenses related to social events not included in the conference registration fee, such as golf tournaments.

4.3 There shall be no reimbursement for any loss of personal effects that may occur while travelling on behalf of the Police Services Board.

4.4 Expenses connected with stopovers at resorts or other places while not on Board business will not be allowed for reimbursement unless it results in a lower cost to the Board.

4.5 Alcohol charges will not be reimbursed.

5. Expense Claims / Reimbursement

Approval and reimbursement of travel expense claims will be in accordance with the following procedures:

5.1 All expense claims, including required receipts, shall be submitted to the Board Office within ten (10) working days of the completion of travel.

5.2 Claim forms must be signed by the Board Chair or his/her designate, except for claims submitted by the Board Chair, which must be signed by the Vice Chair or designate. Any claim in dispute shall be referred to the Board for review.

5.3 Signed claim forms will be submitted to the Board Executive Director for processing.

6. Monitoring and Reporting

6.1 The Executive Director shall monitor conference expenditures and report on the balance remaining in the budget on a periodic basis.

6.2 Attendance at conferences, seminars and other events that constitute training will be reported in the Board’s annual Training, Activity and Performance Report.

7. Other Applicable Provisions

7.1 The provisions of this policy will take precedence over any other Board policy or by-law. However, should a circumstance arise that is not covered in this policy and there are provisions in the Board’s Financial Accountability Procedures Manual that are applicable, the provisions of the Financial Accountability Procedures Manual will apply.

Policy Number: Policy Subject:
BC-1 BOARD / CHIEF RELATIONSHIP
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act section 31(1)(c), 31(1)(e), 31(3), 31(4)
DATE APPROVED	June 1999
DATE AMENDED	24 September 2007
DATE TO BE REVIEWED	2010
REPORTING REQUIREMENT	Addressed in ~~Annual Report on Board Performance and~~ Annual Chief’s Performance Review

LEGISLATIVE REFERENCE / AUTHORITY

Section 31 of the Police Services Act sets out the following responsibilities for police services boards in connection to its relationship with the chief of police:

31(1) A board is responsible for the provision of adequate and effective police services in the municipality and shall,

c) establish policies for the effective management of the police force;

e) direct the chief of police and monitor his or her performance;

31(3) 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 directions to any member of the police force.

31(4) 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.

This policy sets out general rules regarding the relationship between the board and the chief of police, and general expectations that the board has of the chief of police. The policies contained in chapters 3 and 4 of this Manual address specific directions from the board to the chief.

BOARD POLICY

GENERAL PRINCIPLES

Based on the relevant legislation, the Ottawa Police Services Board has established the following general principles to define its relationship to the Chief of Police and its expectations of him or her:

1. The Chief of Police is accountable to the Board acting as a body. The Board will instruct the Chief primarily, but not solely, through written policies. Interpretation, implementation and detailed operational policy development are the purview of the Chief.

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

3. 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.

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.

4. As the Board’s single official link to the organization, the Chief’s performance will be considered to be synonymous with organizational performance as a whole. Consequently, the Chief’s job contributions are based on performance measured against in the following ~~only two~~ ~~areas~~:

a) The Chief’s job description and annual goals and objectives agreed to by the Board and the Chief at the beginning of each review period;

b) Organizational accomplishment of the goals and objectives of the organization’s Business Plan; and

c) Compliance with the Board’s policies contained in Chapter 2, Chapter 3 - “Chief’s Requirements” and Chapter 4 – Ministry Policing Standards and Regulations, of this Manual.

Policy Number: Policy Subject:
CR-4 ASSET MANAGEMENT
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act section 31(1)(c) and Ministry Standard AI-001.
DATE APPROVED	June 1999
DATE AMENDED	22 June 2009
DATE TO BE REVIEWED	2012
REPORTING REQUIREMENT	Annual compliance reporting

LEGISLATIVE REFERENCE / AUTHORITY

Section 31(1)(c) of the Police Services Act states that a board shall establish policies for the effective management of the police force. This policy provides direction with regard to risk management related to assets owned and used by the Ottawa Police Service, and real property assigned by the City of Ottawa to the Ottawa Police Service for its use.

Ministry Standard AI-001 – Framework for Business Planning, includes a requirement for the Chief to have a Police Facilities Plan. The requirements of the Board’s corresponding Policy AI‑001 should be taken into consideration in fulfilling this policy on Risk Management.

DEFINITIONS

For the purposes of this policy, the following definitions will apply:

Real Assets: Facilities, vehicles, IT/telecommunications infrastructure, and police equipment~~radio handsets~~.

Real Property: Land and facilities.

BOARD POLICY

Although all assets are owned or leased and maintained by the City of Ottawa, the Chief shall ensure that assets assigned to the Ottawa Police Service are protected and adequately maintained. Accordingly, the Chief shall ensure that:

1. There are processes and plans in place for the lifecycle management of assets including acquisition, usage, maintenance, and disposal.

2. Systems and processes are in place that mitigates risk to the organization, its Board and staff.

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

MONITORING REQUIREMENTS

The Chief is required to monitor and report on unusual risk management trends related to assets.

REPORTING REQUIREMENTS

Each year, the Chief shall:

1. Provide a report to the Board listing the assets assigned to the OPS and their Net Book Value.

2. Report on one category of real assets on a rotational basis to include, where applicable and relevant:

a. Value

b. Expected useful life

c. Annual maintenance cost

d. Replacement plan

e. Disposal options.

Policy Number: Policy Subject:
CR-8 THE ACCEPTANCE OF DONATIONS, GIFTS, LOANS AND SPONSORSHIPS
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Act section 31(1)(c)
DATE APPROVED	23 October 2000
DATE(S) AMENDED	24 September 2007 22 June 2009
DATE TO BE REVIEWED	2012
REPORTING REQUIREMENT	To be included in Quarterly Financial Report

LEGISLATIVE REFERENCE / AUTHORITY

Section 31(1)(c) of the Police Services Act states that a board shall establish policies for the effective management of the police force. This policy provides direction with regard to the acceptance of donations, gifts, loans and sponsorships by the Ottawa Police Service.

DEFINITIONS

Donation or Gift – the act of giving or bestowing an asset that becomes irrevocable upon acceptance by the recipient. A donation or gift becomes an asset of the donee and comprises a one time transaction.

Loan - the temporary use of an asset which reverts back to the owner after a specific period of time.

Sponsorship - 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.

BOARD POLICY

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

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

4. A procedure is in place that: makes it clear that members of the Service must be, and must be perceived to be, impartial and objective in the performance of their duties; that outlines the parameters within which gifts may be accepted by members; and the administrative procedures to be followed.

5. No donation, gift, loan or sponsorship valued at more than $50,000 is to be accepted without the express permission of the Board.

6. All donations, gifts, loans and sponsorships valued at over $500 that are received by the Police Service or any of its members will be reported to the Board as part of the quarterly financial status report.

7. All donations, gifts, loans or sponsorships valued at over $50 must be properly documented, including at least the source of the gift, its nature and its size or significance.

8. A procedure is established for the monitoring and approval of any activities undertaken on behalf of the police service where a special occasion permit or gaming licence will be acquired from the Alcohol and Gaming Commission of Ontario.

MONITORING REQUIREMENTS

In the third year of the business cycle, the Chief shall provide a report on the effectiveness of this Policy by outlining the funds received, scope and nature of them, benefit to the community and public perception.

REPORTING REQUIREMENTS

The Chief shall ensure that each quarterly financial report outlines the donations, gifts, loans or sponsorships received in that financial period valued at over $500. If there were no donations, gifts, loans or sponsorships this should be reported.

Policy Number: Policy Subject:
CR-12 COMMEMORATIVE NAMING OF POLICE FACILITIES
LEGISLATIVE REFERENCE / AUTHORITY	Police Services Board Minutes, 22 Feb. 2010 City of Ottawa Council Minutes, 24 March 2010
DATE APPROVED	PSB: 22 February 2010
DATE AMENDED
DATE TO BE REVIEWED	2013
REPORTING REQUIREMENT	N/A

LEGISLATIVE REFERENCE / AUTHORITY

The Police Services Board approved this policy at a meeting on 22 February 2010.

Ottawa City Council approved the delegation of authority to the Ottawa Police Services Board necessary to implement this policy at a meeting on 24 March 2010.

REFERENCES

· City of Ottawa Commemorative Naming Policy for Municipal Parks, Streets and Facilities – Report ACS2002-CRS-SEC-0057 dated 2 July 2002, approved by Corporate Services and Economic Development Committee 16 July 2002 & City Council 24 July 2002

· Commemorative Naming Information Sheet, Application Form and Affidavits

· City of Ottawa Council Minutes – 3 March 1993 (Naming of Ottawa Police Headquarters)

BOARD POLICY

1. INTRODUCTION

The Ottawa Police Services Board is committed to providing a fair, consistent and efficient process, while respecting the important need for public consultation and legislative approvals, with respect to commemorative naming of parts of municipal police facilities after a person, persons, family name or event.

This policy sets out a framework and provides direction for the Police Services Board, and to the Chief of Police, regarding considerations and processes for the naming of municipal police facilities, and parts of municipal police facilities, owned by the City of Ottawa.

In preparing the policy, the City of Ottawa’s Commemorative Naming Policy for Municipal Parks, Streets and Facilities has been used as a guide to ensure consistency with the City’s practices.

2. SCOPE

It is the policy of the Board that municipal police facilities, except for Police Headquarters located at 474 Elgin Street, not be given commemorative names, but that they be referred to by their geographical or policing operations name. Commemorative naming will apply solely to the naming of parts of municipal police facilities, such as meeting rooms, for as long as the buildings are used for police purposes.

This policy applies only to City-owned buildings that are primarily designated for police use. It does not apply to other City-owned buildings that may contain a lesser police presence, such as a community centre in which a community police centre is located.

3. PURPOSE

The main objectives of this policy are to ensure:

1. A clear, efficient and timely commemorative naming process for parts of municipal police facilities;

2. The application of consistent criteria to determine the validity of a commemorative name;

3. The application of a concrete consultation process and community participation;

4. One central repository for all commemorative naming requests for municipal police facilities or parts of facilities;

5. An appropriate approval process that recognizes the importance of the role played by legislative bodies (i.e. the Police Services Board);

6. Consistency with related policies at the City of Ottawa.

4. APPLICATION

Any member of the public, Police Services Board or Police Service (through the Chief) may submit a nomination for commemorative naming of part of a municipal police facility.

5. POLICY DESCRIPTION / IMPLEMENTATION

1. Criteria

When the naming of a part of a police facility is being requested, at least one of the following criteria shall apply:

1. The nominated individual shall have demonstrated excellence, courage or exceptional service to the citizens of the City of Ottawa, the Province of Ontario and/or Canada;

2. The nominated individual shall have an extraordinary community service record;

3. The nominated individual shall have worked to foster equality and reduce discrimination;

4. Where the nominated individual is a current Police employee, the individual shall have made an outstanding contribution to the Ottawa Police Service outside of her/his capacity and duties as a Police employee, or they may be recognized for their exceptional service once they are no longer a Police employee;

5. An individual may be recognized for a significant financial contribution to a facility, where that contribution significantly benefits the community that the facility serves;

6. The nominated name has historical significance.

2. Commemorative Naming Application Form

A Commemorative Naming information sheet, application form and required affidavits will be available in both French and English through the contact noted at the end of this policy document.

3. Processes

The commemorative naming process for municipal police facilities will involve a different course of action depending on the circumstances surrounding the request/requirement for naming. The following outlines three possible circumstances under this policy with respect to commemorative naming:

A. COMMEMORATIVE NAMING PROCESS: EXTERNAL APPLICATIONS

Receipt of a Nomination/Application:

All requests for commemorative naming are to be submitted in writing by completing the Ottawa Police Services’ Commemorative Naming Application Form and supporting documentation.

Processing of the Nomination/Application:

Processing the application will involve confirmation of criteria, reference checks (if applicable), discussion with the applicant and applicable departments or directorates, initial meeting of the Police Commemorative Naming Committee (PCNC), public consultation for a 60-day period, compiling consultation results, and reconvening a meeting of the PCNC to review the public consultation results and departmental comments, and reach a decision for recommendation to the Board.

Board Approval:

After the PCNC has reached a decision, an in camera report to the Board will be prepared containing the PCNC’s recommendation.

Implementation of Approved Nomination:

Following Board approval, implementation of the approved commemorative name is undertaken. This involves final notification to the nominee, preparation of an official letter signed by the Board Chair and Chief, and an official unveiling ceremony for the nominee and/or family with the presentation of a plaque to be erected at the site, indicating the name as well as its significance for commemoration.

B. COMMEMORATIVE NAMING PROCESS: INTERNAL APPLICATIONS

Receipt of a Nomination/Application:

All requests for commemorative naming are to be submitted in writing to the Chief’s Executive Officer by completing the Ottawa Police Services’ Commemorative Naming Application Form and supporting documentation.

Processing of the Nomination/Application:

Processing the application will involve confirmation of criteria, reference checks (if applicable), discussion with the applicant and applicable units. A meeting of the Police Commemorative Naming Committee (PCNC) will be convened to review the application and reach a decision for recommendation to the Board.

Board Approval:

After the PCNC has reached a decision, an in camera report to the Board will be prepared containing the PCNC’s recommendation.

Implementation of Approved Nomination:

Following Board approval, implementation of the approved commemorative name is undertaken. This involves final notification to the nominee, preparation of an official letter signed by the Board Chair and Chief, and an official unveiling ceremony for the nominee and/or family at the site, indicating the name as well as its significance for commemoration.

C. COMMEMORATIVE NAMING PROCESS: NEW FACILITY CONSTRUCTION

The Facilities Section of the Ottawa Police Service will notify the Police Services Board Executive Director when a new police facility is to be constructed, with information regarding the specific facility and the applicable time frame for construction.

The Executive Director may convene a meeting of the Police Commemorative Naming Committee as required to discuss and name all new facilities (based on geographic or operational references) that have been identified as requiring a name, or to discuss a recommended commemorative name for a part of a police facility.

The Committee shall review the approved list of names eligible for consideration to determine if there is an appropriate name for the identified parts of the facility, or undertake necessary steps to solicit proposed names. If a commemorative name is selected for any part of the facility from the Commemorative Names Reserve List, or a name is recommended through another means, the public consultation process will commence for 60 days. The Police Commemorative Naming Committee will reconvene to review public comment and develop a final recommendation. The recommendation will be submitted for approval to the Board.

DC. COMMEMORATIVE NAMING PROCESS: COMMEMORATIVE NAMES RESERVE LIST

Similar to the process outlined in Section A above, a name may be submitted that is not site or venue specific. In this regard, the application will undergo the same process with respect to criteria evaluation and investigation. Staff will discuss possible options and suitability with the nominator. If a site and/or geographic location is not determined through these discussions, the name will be placed on the Commemorative Names Reserve List (for facilities) maintained by the City Clerk.

6. PUBLIC CONSULTATION

Public consultation shall be undertaken in accordance with the size and scope of the part of the facility being named. Consultation may consist of formal written notification of the proposed name to ward-affected community associations, applicable consultative groups and Ottawa Police Service advisory groups (where appropriate) for comment. Public meetings may be held upon request by a member of the Board, and advertisements may be placed in applicable community newspapers and dailies, where appropriate, and on the Service’s Web site (ottawapolice.ca). The public consultation period shall last two months, or 60 calendar days.

Public consultation is required as the issue of commemorative naming of facilities or parts thereof directly affects citizens and provides identity to the communities in which they live. Through public consultation at the community and city-wide level, residents will be able to ensure they maintain a strong connection to their communities and will be able to gain a better understanding of the individual who has been nominated for commemoration. Statistical information on comments received under consultation will be provided to individuals other than the Commemorative Naming Committee, upon request. However, specifics and written comments received will only be available to the Committee and Police Service Board.

Police staff will provide the final decision on a proposal to individuals who submit a comment under the public consultation component, and provide a copy of the Commemorative Naming policy and information sheet, when necessary.

7. POLICE COMMEMORATIVE NAMING COMMITTEE

The Police Commemorative Naming Committee (PCNC) is composed of the following representatives:

1. The Chair of the Police Services Board’s Policy & Governance Committee

2. The Police Services Board Executive Director (or designate)

3. The Executive Officer (or designate)

4. The Director of Community Development and Corporate Communications (or designate)

5. The Director of Police Facilities (or designate).

Meetings will be held in-camera, in accordance with the Police Services Act exemption for matters pertaining to an identifiable individual.

8. COMMEMORATIVE NAMES RESERVE LIST MAINTENANCE AND USE

The Office of the City Clerk maintains the Commemorative Names Reserve list for City parks and facilities.

Consistent with Council direction, historical names will be given precedence. Otherwise, there shall be no prioritization system of commemorative names on the list. Nominators are free to designate the name for use in a specific police facility at the time of nomination if they chose.

The List shall be made available on request to any interested party, although the results of the investigations of the naming requests shall remain confidential.

9. RENAMING

The renaming process shall be identical to the commemorative naming process and shall also require the Police Services Board as the final authority for approving the proposed name. The renaming process differs in that it entails the discarding of an old name, which most likely has become an important part of community identity. Thus the need for public input is even greater.

10. DEFINITIONS

For the purpose of this policy, the following definitions apply:

Commemorative - shall refer to the official naming of a part of a municipal police facility to commemorate or perpetuate the memory of a person, persons, family name or event.

Commemorative Names Reserve List – shall refer to a central Corporate list maintained by the City Clerk of all commemorative names submitted and approved for parks and facilities, however, not yet used.

Renaming – shall refer to the act of discarding of an old or current name, which most likely has become an important part of community identity. The old or current name is not restricted to a commemorative name, but is inclusive and refers to names originating from a street, community, geographical area, etc.

11. RESPONSIBILITIES

Board Executive Director, OPS Superintendents, Executive Directors and Directors

It is the responsibility of the Executive Director of the Police Services Board and of OPS Superintendents, Executive Directors and Directors to:

a) Understand and support this policy, and ensure that the policy is communicated to employees and the public.

b) The Facilities section of the Police Service will notify the Board Executive Director when a new municipal police facility is to be constructed, information regarding the specific facility and the applicable time frame for construction, and, if applicable, information with respect to proposed names for the facility or a part thereof.

c) The Executive Director will consult with the City Clerk regarding whether there are names on the Commemorative Names Reserve List that have been proposed for a police facility.

Employees

Employees responding to a public inquiry regarding commemorative naming are responsible for:

a) Referencing the subject Policy and processes, where applicable;

b) If applicable, directing the inquiry to the Board Executive Director or the contact noted at the end of this policy document.

12. CONTRAVENTIONS

Failure to comply with this policy will result in inconsistent information provided to the public and members of the Police Services Board, and increase the possibility of improper commemorative naming of parts of municipal police facilities without appropriate research, community involvement and endorsement.

13. OPERATIONAL DIRECTORATE: Office of the Chief Directorate

14. CONTACT: Executive Officer to the Chief of Police

~~[1]~~ ~~Required by Service Agreement between Board and Secretariat Services (now City Clerk) approved 26 March 2001.~~

[2] Section 31(3) of the Police Services Act states: “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.”

[3] 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.”

[4] As per Board’s Financial Accountability Procedures Manual, Annex 2, section 1.4~~2.1~~ (By-law #1 of 2008).

[5] Section 31(1)(g) of the Police Services Act.

[6] Adequacy Standards Regulation, Paragraph 31 – Reference Ministry Standard AI-011

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

[8] Section 3.2.4.5 of the Board’s Financial Accountability Procedures Manual

[9] Required by policy on the Acceptance of Donations, Loans and Sponsorships.

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

[11] Required under Paragraph 30 of the Adequacy Standards Regulation – Reference Ministry Standard AI-001

[12] Direction approved by the Board on 24 April 2006.

[13] Section 49(3) of the Police Services Act.

[15] Required by Ministry Standard and Board Policy AI-012.

[17] Required under Interprovincial Policing Act.

GA-1 BOARD MEMBER JOB DESCRIPTION

GA-3 BOARD TRAINING

GA-4 BOARD COMMITTEES

GA-5 BOARD PLANNING AND PERFORMANCE REVIEW

GA-7 BOARD DISCRETIONARY FUND

GA-8 LEGAL SERVICES

GA-9 COMPLAINTS

GA-11 BOARD COMMUNICATIONS AND
COMMUNITY OUTREACH

BOARD POLICY

INTRODUCTION

GOALS

GENERAL PRINCIPLES

GA-12 BOARD MEMBER TRAVEL AND EXPENSE REIMBURSEMENT

BOARD POLICY

INTRODUCTION

APPLICATION AND SCOPE

GUIDELINES

BC-1 BOARD / CHIEF RELATIONSHIP

BC-2 MONITORING REQUIREMENTS

CR-4 ASSET MANAGEMENT

MONITORING REQUIREMENTS

REPORTING REQUIREMENTS

CR-8 THE ACCEPTANCE OF DONATIONS, GIFTS, LOANS AND SPONSORSHIPS

CR-12 COMMEMORATIVE NAMING OF POLICE FACILITIES

LEGISLATIVE REFERENCE / AUTHORITY

2. SCOPE

3. Processes

14. CONTACT: Executive Officer to the Chief of Police

AI-012 USE OF FORCE