|
|
REPORT RAPPORT |
|
|
REPORT RAPPORT |
|
DATE:
|
20 September 2011 |
|
TO:
|
Executive Director, Ottawa Police Services Board |
|
FROM:
|
Chief of Police, Ottawa Police Service |
|
SUBJECT: |
RESPONSE TO COUNCILLOR INQUIRY – POLICE CHECK AVAILABILITY |
RECOMMENDATION
At the 16 May 2011 meeting of the City’s Information Technology Sub-Committee, Councillor Tierney raised the following inquiry:
“Currently, mandatory police checks are required for volunteers of sports groups, City parks, and various events.
Often when volunteering for multiple positions where police checks are required, the volunteer surrenders their only copy to the organization, resulting in having to repeat the process resulting in additional costs to the volunteer as well as valuable staff time.
Could this be added to the Service Ottawa initiative as an on-line service which residents could access for copies of their check?”
In response to this query, the Director General notified the Committee on 14 June 2011 that the Board must be informed of any proposed changes to the manner in which Police Records Checks are shared with third parties such as the City and volunteer agencies. The purpose of this report is to provide such information to the Board.
DISCUSSION
Types of Records Checks
The Ottawa Police Service provides two types of records checks to persons who intend to volunteer in the community:
1. Criminal Records Check (CRC)
This service is intended for applicants who are involved as a volunteer, employee or in any situation where a basic criminal background check is required. In this check the national database maintained by the Canadian Police Information Centre (CPIC) is searched. Amongst other things, the database holds information that points to the criminal histories of individuals, primarily the number and type of convictions for criminal charges. The sentencing imposed by the judge in relation to the criminal conviction is also recorded.
2. Police Records Check (PRC)
This service is restricted to applicants seeking employment and/or volunteer work with vulnerable individuals. Vulnerable persons or individuals refers to a class of persons who, because of their age, disability or other circumstances, whether temporary or permanent, are in a position of dependence on others or are otherwise at a greater risk than the general population of being harmed by persons in a position of authority or trust relative to them. Examples of vulnerable persons include children, the disabled or elderly individuals.
This check includes a review of the criminal background of the individual through a search of the CPIC database in addition to a review of information that has been recorded by the Ottawa Police Service in its police records management system (RMS). Through electronic linkages with a number of other police services, it is now possible for OPS to review aspects of RMS reports which other police services have on their systems relating to the applicant. The goal of the review is to identify documented interactions with the police which have not resulted in criminal convictions, but which may indicate behavior which is not acceptable for a volunteer or employee working in the vulnerable sector.
Processing of Requests
The Board has adopted a policy which provides free records checks to residents who volunteer in the community. Volunteer applicants applying for either a criminal records check or a police records check are processed free of charge when the application is accompanied by a letter printed on letterhead from the volunteer organization and signed by the respective Manager of Volunteer Services or equivalent.
Controls are in place to ensure that all parties can have confidence that the highly sensitive documents produced through this process are trustworthy. The completed form is returned to the applicant signed and dated by a member of the OPS Background Clearance Section with an embossed OPS seal to confirm the authenticity of the document. The document clearly states that it is “Void without Ottawa Police seal” to prevent misuse or forgery undertaken through photocopy or other forms of replication.
Legislation governs how this information can be shared. All information pertaining to a criminal records check or a police records check is to be released from OPS to the applicant only. No third party can receive information directly from the OPS pertaining to an applicant as per the Municipal Freedom of Information and Protection and Privacy Act.
Prohibited from Providing Multiple Copies
Existing legislation is very prescriptive. It does not permit volunteer organizations to “share” a records check for a volunteer who might be applying to more than one organization. Section 2 (1)(b) of the Criminal Records Regulations SOR/2000-303 of the Criminal Records Act states that an application for records check must clearly specify the “name of the person or organization that is responsible for the well-being of one or more children or vulnerable persons and to whom or to which the applicant is making an application for a paid or volunteer position”.
Under this Regulation it is not possible for Ottawa Police to undertake the proposal under consideration by the City’s Information and Technology Sub-Committee. The Service cannot issue multiple copies of a records check which will then be used by several volunteer organizations. Similarly, it cannot share a record check with the City which would then make multiple copies available to volunteers as needed.
Process Improvements
The OPS recognizes that it needs to transform its current process of providing criminal and police records checks. Staff is presently evaluating options for streamlining the records check process to not only reduce the processing time and cost, but to make it easier for applicants to obtain a completed records check. Options being considered include online payment processing and submissions of applications. These options will be further evaluated in 2012.
Not applicable.
There are no financial implications.
The Criminal Records Regulations of the Criminal Records Act prevent a police service from providing a completed background check form whereby the intended volunteer organization which will rely on the information on that form is unknown. Accordingly, it is not possible for the OPS to provide multiple copies of these forms under a single application as suggested by the City’s Information and Technology Committee. A business transformation exercise is being launched to enhance the current process of obtaining a criminal or police records check.
(Original signed by)
Vern White
Chief of Police
