|
|
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 28
January 2013
TO/DEST. Chair
and Members of the Ottawa Police Services Board
FROM/EXP. Executive
Director, Ottawa Police Services Board
SUBJECT/OBJET APPOINTMENT
TO BOARD COMMITTEES
RECOMMENDATION
That the Ottawa Police Services Board
approve the appointment of Member Smallwood to the Board’s Human Resources Committee
and Finance & Audit Committee.
PURPOSE
The Police Services Board’s policy on
Board Committees (Policy #GA-4) attached as Annex A requires that membership on
Board and external committees be reviewed annually and revised accordingly. With
the addition of new Board member Smallwood, who was appointed by City Council
in December 2012 to replace former member Jensen effective December 31, 2012,
new appointments are required to committees on which Member Jensen served.
BACKGROUND
It is within the Board’s purview to
establish the number and nature of its committees and the membership of them,
except for the Complaints Committee membership, which must have no fewer than three
members in accordance with the Police Services Act. To assist in
conducting its business, the Ottawa Police Services Board has established four
standing committees and in 2006 it formally adopted terms of reference for each
of the committees as set out in the attached policy. In general, unless
specifically stated in the terms of reference the committees are not
decision-making bodies, but rather working committees responsible for providing
input to staff prior to matters coming to the full Board, or for making
recommendations to the Board.
The Board has traditionally emphasized
the desirability of maintaining an even workload by ensuring that all members
serve on at least one committee, and that no member is unduly burdened by
serving on all committees. Membership on the various committees at the present
time is as follows:
Board Committees
a)
Complaints
Committee – J. Harder, C. Nicholson, J. Watson
b)
Finance
and Audit Committee - J. Durrell, E. El-Chantiry
c)
Human
Resources Committee – E. El-Chantiry, J. Harder
d)
Policy
and Governance Committee – A. Doyle, J. Durrell, C. Nicholson
OPS Committees
e)
OPS
Thomas G. Flanagan Scholarship Award Committee – C. Nicholson
f)
OPS
Police Scholarship and Charitable Fund – A. Doyle
g)
Police
Community Awards Selection Committee – W. Fedec.
A brief summary of each committee is
provided below including its origins, responsibilities and workload.
1. Complaints Committee
The
Board’s Complaints Committee was struck in March 1998 as a result of Bill 105,
which introduced increased responsibilities for boards into the Police
Services Act. In accordance with the Act, boards composed of more
than three members may appoint a committee of not fewer than three members of
the Board (two of whom constitute quorum) to review a complaint and to make
recommendations to the Board [section 63(7)]. The Complaints Procedure
Guideline adopted by the Board in February 1998 established a Complaints
Committee of three members. The Ottawa Police Services Board adopted a revised
Complaints Policy in 2010 to reflect the new complaint system established by
Bill 103, which set up the new Office of the Independent Police Review Director
on 19 October 2009.
The
committee only considers appeals of complaints dealing with services or
policies of the Police Service. It does not hear appeals of complaints
regarding officer misconduct. As the vast majority of complaints deal with
officer misconduct, the Board does not receive many requests for review of
complaints; in the past, the number has ranged from zero to five per year.
Each review takes less than half a day plus time to read the related material. If
the Committee feels a public hearing is warranted, an additional day would be
needed, although this is very uncommon.
2. Finance and Audit
Committee
In July 2005 the
Auditor-General for the City of Ottawa submitted a report to the Police
Services Board on the Budget Development Process. Among the recommendations
was the suggestion that the Board establish a budget advisory committee, which would be in a better position
to provide more frequent and substantive input to budget development and
financial performance monitoring. The Board accepted the Auditor-General’s
recommendation and in October 2005 appointed three members to the Finance and
Audit Committee (FAC).
The Committee works closely with Chief
Bordeleau and Finance staff on development of the OPS budget and financial
planning matters. The Committee is also responsible for providing input into
the OPS annual audit work plan. It is required to meet a minimum of four times
a year under its terms of reference.
3. Human Resources
Committee
The
Human Resources Committee is responsible for dealing with labour relations
matters such as collective bargaining, grievance appeals and other issues. Its
members work with the Board Solicitor, Board Executive Director, Chief and OPS
Labour Relations personnel. One board member (usually the Chair) must be
present at all collective bargaining sessions. When collective bargaining negotiations
are in progress the workload is significant for the Board member attending
bargaining sessions, and they can last over a period of several months. In
addition to collective bargaining, the Human Resources Committee sometimes receives
requests to review the Chief’s decision on employee grievances. The Committee typically
meets three or four times a year.
4. Policy and Governance
Committee
A
three-member Policy and Governance (P&G) Committee was struck in September
1998 to work on the development of a detailed policy governance framework for
the Board. The resulting Policy Manual was implemented in June 1999 and has
since been amended several times. A comprehensive review of the overall policy
model and its contents was undertaken in 2006 and again in 2010. The Board has
a schedule whereby all policies are routinely reviewed every three years,
although amendments can be made at any time as required. In addition to
conducting periodic reviews of Board policies, this Committee is also
responsible for overseeing the development of new policies needed by the Board
and reviewing draft policies prior to submission to the full Board.
The P&G Committee also
takes the lead in the development of the Police Service’s Business Plan, which
is renewed every three years, as well as community outreach and engagement
initiatives, and any other matters pertaining to governance. The Committee is
required to meet a minimum of four times a year but typically meets more
frequently.
OTTAWA
POLICE SERVICE COMMITTEES
In addition to the Board committees
noted above, there are three OPS committees with Board representation on them.
1. Police Community Awards
Selection Committee
Each
year, two awards ceremonies are held. The Police Community Awards are usually
held in May in conjunction with “Police Week”. It honours officers and
community members with Awards of Valour, Certificates of Merit and Certificates
of Community Service. The other ceremony, the Police Service Awards Ceremony,
honours retiring and long-serving members of the Police Service and is usually held
in the fall. Both ceremonies are organized by Police Service staff, however, a
board member serves on the Community Awards Selection Committee responsible for
reviewing all nominations for Police and Community Service awards. The
Selection Committee usually meets in February to fulfil this function. The
Board’s Executive Director has represented the Board on this committee for the
past several years.
2. Police
Scholarship and Charitable Fund
The
Police Scholarship Fund is available to the children of permanent members of
the Ottawa Police Service. The purpose of the Fund is to provide scholarships
to applicants in need of financial assistance to continue their education.
Once a year, a Board of Trustees comprised of a member of the Police Services
Board, members of the Police Service and the Association, and a member of a
local university faculty, meets to review applications and to determine the
number of scholarships and the amount of them. One Board member is needed to
fulfil this responsibility and currently member Doyle is fulfilling that
requirement.
3. Thomas G. Flanagan
Scholarship Award Selection Committee
The
former Ottawa Police Services Board established the Thomas G. Flanagan, S.C.
Scholarship as a means to assist visible minority women and Aboriginal women
who have expressed an interest in a policing career. The scholarship funds are
derived from an endowment that was arranged upon the retirement in 1993 of the
late Ottawa Chief of Police Thomas G. Flanagan, S.C. The selection process is
facilitated by the Diversity and Race Relations Section of the OPS, and is
based on criteria initially established by the Police Services Board. The
Selection Committee has been comprised at different times of a representative
of the Police Services Board, a member of the community, the Director of
Community Development and the officer in charge of the Diversity and Race
Relations Section. The Committee meets once or twice a year to review the
essays submitted by candidates and select a recipient. Member Nicholson
currently serves as the Board’s representative on the Committee.
CONSULTATION
Consultation is not required.
FINANCIAL
IMPLICATIONS
There are no financial implications
associated with this report.
CONCLUSION
The Board has established four
standing committees to assist it in fulfilling its responsibilities. Committee
membership is renewed annually and whenever there is significant turnover in
Board members. Due to the appointment of a new Board member, changes in
committee membership are required at this time.
(original signed by)
W. Fedec
Attach. (1)
ANNEX A
|
Policy
Number: Policy Subject:
|
|
|
LEGISLATIVE REFERENCE / AUTHORITY
|
Police Services Act, sections 34 & 61(9)
|
|
DATE APPROVED
|
26 June 2006
|
|
DATES AMENDED
|
24 September 2007
01 November 2010
|
|
DATE TO BE REVIEWED
|
2013
|
|
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.
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 (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 Policy and the Board’s Policy 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) of the Police
Services Act, immediately notify the Chief in writing and request the
materials set out in the Board’s Complaints Policy.
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.
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.
Audit & Quality
Assurance
7.
Provide
input into the annual Audit Workplan.
8.
Review
the results of any internal and external audits.
9.
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.
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.
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.
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.
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
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.