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                              20 September 2011

TO/DEST.                        Chair and Members, Ottawa Police Services Board

FROM/EXP.                    Board Solicitor

SUBJECT/OBJET           RATIFICATION OF DECISIONS MADE AT 25 JULY 2011 MEETING.

RECOMMENDATION

That the Ottawa Police Services Board ratify the decisions made at the meeting of July 25, 2011.

BACKGROUND

Further to the Police Services Board’s receipt of notification from the Ministry of Community Safety and Correctional Services of the appointment of Mr. Jim Durrell to the Board, an administrative issue has arisen regarding the meeting of July 25, 2011.

DISCUSSION

On July 29, 2011, the Ministry of Community Safety and Correctional Services gave notice to Mr. Jim Durrell of the approval of his appointment as a member of the Ottawa Police Services Board.  According to that correspondence, which was copied to the Board’s Executive Director, the Order-in-Council appointing Member Durrell was approved on July 12, 2011.  The time lag between the appointment of a new Board member and the announcement of that appointment has implications for the composition of the Board and, consequently, on the Board’s proceedings of July 25, 2011.  The reason for this lies in the specific wording of the Ministry’s extension of Member Henry Jensen’s appointment to the Board.

Though Member Jensen’s appointment to the Board was initially set to expire on February 15, 2011, it was extended on February 14, 2011, by way of a Notice from the Ministry of Community Safety and Correctional Services indicating as follows:

Pursuant to subsection 27(10) of the Police Services Act, I hereby reappoint you to the Ottawa Police Services Board, effective February 16, 2011, for a period of six months or until such time as a new member has been appointed by Order in Council, whichever occurs first. (underlining added)

Accordingly, with the July 12, 2011 appointment of Member Durrell to the Board, Member Jensen’s appointment was effectively ended.  As there had been no notification of this to either Member Jensen or Member Durrell, nor to the Board itself, Member Jensen attended and participated in the Board’s meeting on July 25, 2011.  By virtue of the fact that there were only three other members of the Board in attendance on July 25, 2011, the Board lacked quorum, as required by the Police Services Act.

In order to ensure that the validity of the business conducted at the meeting of July 25, 2011, is not impugned, these decisions must be ratified at a subsequent meeting of the Board, properly constituted.

CONSULTATION

As this is an administrative matter, no consultation was required.

FINANCIAL STATEMENT

There are no financial implications associated with this report.

CONCLUSION

In order to preserve the integrity of the Board’s business, and recognizing that Mr. Jensen has since been reappointed to the Board as City Council’s citizen nominee, it is appropriate that the Board reconfirm and ratify the decisions made at the July 25, 2011 meeting, as set out in the minutes.

(Original signed by)

David G. White