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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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12 February 2014 |
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TO/DEST:
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
RESPONSE
TO OUTSTANDING INQUIRY #I-14-01:
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That the Ottawa Police Services Board receive this report for information.
At the Ottawa Police Services Board (Board) meeting on January 27, 2014, Chair El-Chantiry inquired whether stationing special constables, instead of police officers, at construction sites would be a better use of resources.
This issue is currently being addressed under the work of the Service Initiative. What follows is some of the discussion taking place.
The Ottawa Police Service (OPS) offers a Paid Duty Program which allows clients to hire off duty police officers on a contract basis through the OPS to provide a police presence. It is under these full-cost recovery contracts that the vast majority of officers are stationed at construction sites in order to fulfill requests related to traffic.
In order to explore the possibility that special constables replace police officers at construction sites, two factors must be considered: the legal considerations and cost analysis.
Legal consideration: Police Officers versus Special Constables
The use of special constables to conduct traffic control duties is one that would be subject to legal interpretation pursuant to the Police Services Act.
Police officers are currently used at construction sites where the direction of traffic is needed. This is legislated pursuant to section 134(1) of the Ontario Highway Traffic Act which stipulates:
Direction of traffic by police officer
134. (1) Where a police officer considers it reasonably necessary,
(a) to ensure orderly movement of traffic;
(b) to prevent injury or damage to persons or property; or
(c) to permit proper action in an emergency,
he or she may direct traffic according to his or her discretion, despite the provisions of this Part, and every person shall obey his or her directions. R.S.O. 1990, c. H.8, s. 134 (1).
Highway closing
(2) For the purposes of subsection (1), a police officer may close a highway or any part thereof to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices as prescribed in the regulations. R.S.O. 1990, c. H.8, s. 134 (2).
Driving on closed highway prohibited
(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part thereof in intentional disobedience of the signs or traffic control devices. R.S.O. 1990, c. H.8, s. 134 (3).
Exception to subs. (3)
(4) Subsection (3) does not apply to,
(a) the driver of a road service vehicle, an ambulance, a fire department vehicle, a public utility emergency vehicle or a police department vehicle; or
(b) a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, driving a motor vehicle other than one listed in clause (a) while performing his or her duties. 2009, c. 5, s. 42.
The legal interpretation is that special constables could be directed by the Chief to perform some of these paid traffic duties. This would require special appointments by the Board and training by the OPS.
The use of “flag persons” at construction sites has also been discussed in this capacity but the scope of their authority is very restricted and only under certain conditions. The Construction Regulation (O. Reg. 213/91) under the Occupational Safety Act identifies further restrictions related to flag person. Section 69 reads:
(1)This section applies with respect to directing vehicular traffic that may be a hazard to workers on a public way. O. Reg. 145/00, s. 23.
(2) A worker shall not direct vehicular traffic for more than one lane in the same direction. O. Reg. 145/00, s. 23.
(3) A worker shall not direct vehicular traffic if the normal posted speed limit of the public way is more than 90 kilometres per hour. O. Reg. 145/00, s. 23.
Cost Analysis: Police Officers versus Special Constables
The use of paid duty officers and the vehicles required are done on a cost recovery basis. The monies generated cover all associated fees, including the administration of the program. There is no financial cost to the OPS in the provision of traffic control to construction sites.
In general practice, the police officers conducting traffic control duties are members who are on regularly scheduled time off and are engaged on paid duty through private contract through the OPS. It is only in rare circumstances that an on duty member is used in this capacity, such as collisions scenes. Members have a choice whether or not to accept paid duties.
In order to support the paid duty requests, there is a dedicated paid duty fleet that is utilized at or near capacity during the construction season. There is little to no impact upon front line policing.
In 2013 there was a total of 14,823.5 duty person hours related to road construction and traffic accounts -- approximately 27% of all paid duties. This work is shared among an available pool of approximately 1,300 sworn officers.
The OPS currently has 57 positions assigned to special constables, all of them sworn in to perform specific duties related to temporary custody and prisoner care. They have not been sworn in nor trained in traffic duties. The current complement of special constables could not absorb the volume of paid duty requests made to the OPS. To meet the current need, the OPS or the City of Ottawa would need to explore the hiring of a cadre of civilians who could be sworn in as special constables to fulfill these traffic functions. This would also require a benefits analysis.
Cost Comparison
As a cost comparison, here are the comparable rates per hour for sworn and special constables. Other cost factors would then need to be considered including equipment, training, administration, and supervisory ratios.
2014 Paid Duty rates (contractual overtime rate with admin fee):
Constable – $78.21 Special Constable – $71.25
The number of currently employed special constables would not support the requirement for paid duties dedicated to road construction and traffic. While the potential to use special constables at construction sites exists, any venture in this capacity would require additional hiring of human resource capacities, equipping, training, administration and an assessment of legal and risk management liabilities. Options could include the delivery of these services by third parties.
Options related to deployment of personnel, including the increased use of special constables, are being developed under SI and will be brought back to the Board as part of regular SI reporting.
(Original signed by)
Charles Bordeleau
Chief of Police
Responsible for Report: Deputy Chief J. Skinner
