OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

Working together for a safer community

La sécurité de notre communauté, un travail d’équipe

REPORT

RAPPORT

 

DATE                              5 March 2011

 

TO/DEST.                        Ottawa Police Services Board

 

FROM/EXP.                    Policy & Governance Committee

 

SUBJECT/OBJET           BOARD POLICY ON PUBLIC REWARDS

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board approve:

 

1.             The revised policy on Public Rewards attached as Annex A.

 

2.             An amendment to the Financial Accountability Procedures Manual (By-law #1 of 2008) to include a delegation of authority to the Chief to offer public rewards up to a limit of $100,000, provided there are funds available within the existing budget.

 

 

BACKGROUND

 

In 2008 the Police Services Board approved a policy concerning the offering of public rewards.  The policy provided direction to the Chief of Police and set out the principles under which the Board would consider offering and paying rewards to persons who provide information that assists in solving a specific significant crime or crimes, including the location of missing persons or property.  The policy requires Board approval of any reward offers, as well as Board approval of the acceptance of contributions towards rewards from third parties. 

 

The need for a policy was identified in 2008 as a result of the Beniskos / Garon murders, and the desire by friends of the deceased to contribute to the amount of the public reward.  The offering of public rewards is a fairly infrequent occurrence; in recent memory they have only been offered in three murder cases:  Ardeth Wood, Jennifer Teague, and Beniskos / Garon.  Prior to the policy being developed there were no well-defined procedures for offering rewards and more particularly, for handling contributions from third parties. 

 

In preparing the policy, a survey of other large police services boards in Ontario was conducted to see whether they had a policy on this subject.  From among the “Big 12” boards, those in the Regions of Peel, Halton, York, Niagara and the City of Windsor have policies requiring Board approval of public rewards.  The policy approved by the Ottawa Police Services Board in 2008 adopted a similar approach.  Interestingly, the Toronto Police Services Board advised that until 2000 it had a policy requiring Board approval of public rewards, but the policy was later revoked after a review determined the granting of rewards is an investigative tool and as such falls within the purview of the Chief rather than the Board.  The Chief has the authority to issue and pay out rewards as long as funds are available in the operating budget.

 

DISCUSSION

 

Ottawa Police staff recently inquired why Board approval is required for the offering of rewards, pointing out that rewards are an investigative tool that should fall within the Chief’s purview.  Upon review it has been determined that there is no requirement under the Police Services Act, or any other regulation or policy, for rewards to be approved by the Board.  The explanation for requiring Board approval stems from the Board’s responsibility for financial accountability and stewardship, and the fact that offering a public reward involves an expenditure that falls outside normal operating expenses.  Also of concern to the Board from an oversight perspective is ensuring third party contributions are handled in an open, accountable and transparent manner. 

 

Under the Board’s Financial Accountability Procedures By-law the Board has delegated various levels of spending authority to the Chief of Police to approve expenditures to meet the day-to-day operating and capital project needs of the organization.  It is proposed that the Board amend the by-law to add a specific delegation of authority to the Chief to approve the offering of public rewards up to a limit of $100,000, subject to funds being available within the existing approved budget.  It is recommended that a corresponding amendment by made to the Rewards Policy delegating authority to the Chief to approve rewards up to the specified monetary limit, and removing the requirement for Board approval. 

 

As a result of discussions with Chief White and Supt. Keeley at a meeting of the Board’s Policy & Governance Committee, the Committee is also recommending that third party contributions to rewards offered by the OPS no longer be accepted.  Third parties can post rewards on their own or perhaps in conjunction with Crime Stoppers.  Not accepting them as part of a larger reward offered by the Service would eliminate the responsibility of entering into agreements with third parties and being accountable for the funds.  It would also avoid disputes over when to end the reward offer and when to return funds to the donating parties. 

 

Based on the above, it is proposed that the Board approve the revised Public Rewards Policy attached at Annex A, which contains the following provisions:

 

 

CONSULTATION

 

Consultation has taken place with Chief White, OPS staff and the Board Solicitor. 

 

FINANCIAL STATEMENT

 

There is no cost associated with the proposed amendments to the Public Rewards policy or the Financial Accountability Procedures Manual.

 

CONCLUSION

 

The current Board policy on Public Rewards requires that the Board approve all rewards and third party contributions.  At the suggestion of OPS staff, the requirement for Board approval was recently reviewed; it has been determined that there is no legislated requirement for Board approval and that this responsibility should fall within the Chief’s purview as the offering of rewards is an investigative tool.  The revised policy attached as Annex A strikes the right balance between respecting the Chief’s authority over operational matters such as investigations, and the Board’s interest in financial accountability and stewardship. 

 

The proposed amendment to the Financial Accountability Procedures (FAP) By-law will require an amending by-law, which will be presented to the Board for approval at the 2 May 2011 meeting should the Board approve the recommended change.

 

 

 

____________________________________________

 

Submitted by the Policy & Governance Committee:

 

Jim MacEwen, Chair

Eli El-Chantiry

            Carl Nicholson

 

Attach. (1)