DATE:

28 April 2014

TO/DEST:

Executive Director, Ottawa Police Services Board

FROM/EXP:

Chief of Police, Ottawa Police Service

SUBJECT/OBJET:

SECONDMENT AGREEMENTS: DELEGATION OF AUTHORITY

RECOMMENDATION

That the Ottawa Police Services Board approve a delegation of authority to the Chief of Police to enter into and sign secondment agreements involving Ottawa Police Service members, subject to subsequent reporting to the Board on a quarterly basis.

BACKGROUND

The Ottawa Police Service (OPS) supports the development of its members and assists other police services and public safety agencies through secondments or loaning of OPS personnel. On average, 30 OPS members are on external secondments annually. Examples of these activities have included secondments to the Ontario and Canadian Police Colleges, provincial joint task forces, special events (2010 Winter Olympics), the Department of Foreign Affairs, Royal Canadian Mounted Police Proceeds of Crime and Anti-Terrorism Units and United Nations Peacekeeping Missions.

In some instances secondments involve reciprocal personnel exchanges that do not have any financial impact where others involve different forms of cost recovery. To ensure adequate numbers of police members are available for secondment without impacting operational requirements and front-line service delivery, operation backfilling was instituted in 2001 to cover fully- and partially-funded external secondments. Operational backfilling ensures that all secondments over one year are fully funded and that there is no impact on operations.

Historically, the Chief of Police has signed agreements and Memoranda of Understanding (MOUs) for all secondments. A recent legal opinion on this matter determined that under the Police Services Act, the Board is the only legal entity that may enter into contracts unless the Board has delegated its authority to another party, such as the Chief or the Board Chair. In response to the legal opinion, the Board has indicated it would like to formalize the process for secondment approvals in policy.

DISCUSSION

A recent practices review of 11 major Ontario police services revealed that three (Toronto, York and Durham) have delegated authority to the Chief; three have delegated authority to the Board Chair (Halton, Peel, and Waterloo); and five Boards have retained their authority to approve secondments. In most cases where authority has been delegated, there is a reporting arrangement in place to inform the Board.

In contemplating the best positioning of any delegated authority, it is important to consider that the movement and assignment of personnel for development purposes or operational exigencies falls within the operational purview of the Chief of Police. Another point for consideration is that the development of an MOU is an iterative process and on occasion, this may necessitate sharing highly sensitive materials that cannot and should not be subject to disclosure to the public, nor individuals without appropriate clearance levels.

There is a strong argument to be made for granting the Chief of Police the authority to approve secondments that meet the organization’s operational and development requirements. Should the Board agree to delegate contracting authority to the Chief, it would be with the understanding that the Chief will continue to report secondments to the Board on a quarterly basis as part of workforce management reporting.

CONSULTATION

Consultation has occurred with eleven other large police services in the Province. Consultation has also taken place with the Policy and Governance Committee of the Board, which has endorsed the recommendation advanced in this report.

FINANCIAL STATEMENT

There are no financial implications associated with this report.

CONCLUSION

It is recommended that the Ottawa Police Services Board grant authority to the Chief to enter into and sign agreements for the secondment of OPS members to other organizations. Reporting of secondments to the Board on a quarterly basis through workforce management reports will ensure that the Board is aware of where OPS resources are being deployed and what development opportunities are taking place. This delegation of authority will provide clear direction to the Chief and will also ensure that the Board is in compliance with the Police Services Act.

Subject to Board approval, it is recommended that delegated authority be captured in the Board’s Financial Accountability Procedures (FAP) Manual, which is a by-law of the Board. An amending by-law can be brought forward at the discretion of the Board.

(Original signed by)

Charles Bordeleau

Chief of Police

Responsible for report: Superintendent. T. Cheslock