OTTAWA POLICE SERVICES BOARD

COMMISSION DE SERVICES POLICIERS D’OTTAWA

 

The Trusted Leader in Policing

Le chef de file de confiance dans la police

REPORT

RAPPORT

 

DATE                              28 July 2014

                                        

TO/DEST.                       Chair and Members of the Ottawa Police Services Board

 

FROM/EXP.                   Policy & Governance Committee, Ottawa Police Services Board

 

SUBJECT/OBJET         NOTICE OF MOTION:  REPEAL OF BY-LAW #2 OF 2011 AND ENACTMENT OF A NEW PROCEDURE BY-LAW #3 OF 2014 (TO BE CONSIDERED AT 22 SEPTEMBER 2014 MEETING)

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board receive and table this report and the attached By-law #3 of 2014, being a By-law to replace Ottawa Police Services Board Procedure By-law #2 of 2011, for approval and enactment at its 22 September 2014 meeting.

 

BACKGROUND

 

The proceedings of the Ottawa Police Services Board (the Board) are currently governed by Procedural By-law #2 of 2011.  Periodically the Board conducts reviews of its existing policies and by-laws to ensure they are still relevant and up-to-date.  The Board’s approved 2014 Work Plan includes a review of the Procedural By-law. 

 

DISCUSSION

 

In conducting a review of the existing By-law, as well as the City of Ottawa Council By-law and Procedure By-laws from other large boards in the Province, some gaps in the Police Services Board’s existing By-law were identified.  Amendments to address those gaps were compiled and presented to the Board’s Policy & Governance Committee for review and recommendation.  The review also provided an opportunity to make some housekeeping amendments that are minor in nature and not specifically described in this report.  The amendments are described below and are also contained in a new By-law #3 of 2014, attached as Annex A.  A document illustrating all of the proposed changes is on file with the Board’s Executive Director and available upon request.  The new by-law also contains a clause to repeal the existing By-law #2 of 2011.  

 

The substantive changes to the Procedure By-law include the following:

 

Definitions

·                Change the Title of the Section from “Interpretation” to “Definitions”.

 

·                Add the following definitions:  

-                 “Point of Order” means a statement made by a member of the Board during a meeting thereof drawing to the attention of the Chair a breach of the Rules of Procedure.  

-                 “Privilege” means the raising of a question which concerns a member of the Board, or the Board collectively, when a member believes that their rights, immunities or integrity or the rights, immunities or integrity of the Board as a whole have been impugned.

-                 “Procedural Motion” means any motion concerning the manner or time of consideration of any matter before the Board as opposed to the substance thereof, and includes, without limitation, the following:

(a)     to extend the time of the meeting;

(b)     to refer;

(c)     to lay on the table;

(d)     to defer indefinitely or to a certain day;

(e)     to adjourn;

(f)      to move the question be put; or

(g)     to suspend the Rules of Procedure.

 

-                 “Rules of Procedure” means the rules and regulations provided in this By-law.

-                 “Substantive Motion” means any motion other than a Procedural Motion.

 

Selection of Chair and Vice Chair (Section 3.1)

·                Add the following new sub-sections:

-        When, after asking for further nominations and receiving no response, it appears that there are no further nominations, the Executive Director or City Clerk shall call for a motion declaring nominations closed.

 

-        If there are more than two nominees who elect to stand, and if upon the first vote no nominee receives the majority required for election, the name of the nominee receiving the least number of votes shall be dropped and the Board shall proceed to vote again and continue until either:

a.        a nominee receives the majority required for election at which time such nominee shall be declared elected; or

b.        it becomes apparent by reason of an equality of votes that no nominee can be elected.  In this case, each nominee shall address the Board for a maximum of five (5) minutes, followed by a ten minute recess, and a second vote;

c.         If a vote results in a tie again, the matter will be deferred until the Board meets again with all members present.

 

Meetings of the Board (Section 4)

·                Add the following sub-sections:

-        The Board shall hold its regular meetings at the hour of 17:00 hours in the Champlain Room at Ottawa City Hall according to the schedule set annually and approved by the Board, or at such other places or time as may be determined by the Board from time to time. 

-        Notice to Members of all meetings, agendas, agenda items, cancellations and postponements shall be provided by the Executive Director to a Member’s residence or place of business, as directed by the Member.  It may be sent by first-class mail, courier, facsimile or electronic mail as requested by the Member.  It may also be provided by telephone or personal contact in the case of an emergency.

-        The Chair, or in the absence of the Chair, the Vice Chair, may cancel a regular meeting of the Board if the Chair or Vice Chair deems it is not warranted. 

 

Duties of the Chair (Section 6)

·                Add “Represent the Board at official functions.”

 

New Section – Participation of Chair in Debate (Section 7)

(1)     The Chair may state relevant facts and the Chair’s position on any matter before the Board without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate a question without first leaving the chair;

(2)     If the Chair desires to leave the chair to move a motion or to take part in the debate pursuant to subsection (1), or otherwise, the Chair shall call on the member designated as Vice Chair pursuant to section 3, to preside until the Chair resumes the chair and the Chair shall assume a seat reserved for a Member.

 

Conduct of Members (revised section 9)

·                Add the following sub-section:  (No member shall) criticize any decision of the Board except for the purpose of moving that the question be put.

 

Rules of Debate (revised section 14)

·                Amend sub-section 1 as follows:  Before speaking to a question or motion, a Member shall first receive recognition from the Chair and then shall address the Chair.

·                Add a new sub-section as follows:  All remarks and comments must be relevant to the question under consideration and the Chair shall be the judge of such relevancy.

 

Motions (revised section 18)

·                Add the following sub-section:

(1)       No member shall introduce any item to the Board for its consideration unless:

(a)     the item relates to a matter on the agenda for that meeting;

(b)     the matter is of an urgent nature; or

(c)     leave is granted on a two-thirds majority vote.

 

Reconsideration (revised section 26)

·                Add the following sub-section: 

(3)     A motion giving notice of a motion to reconsider must be seconded by another Member.

 

Outstanding Inquiries and Motions (revised section 28)

·                Amend sub-section 3 as follows:  The response shall be submitted in writing to the Executive Director, who shall forward it to the Board members either by including it in an upcoming Board agenda or by other means deemed appropriate by the Board Chair.

 

Public Meetings (revised section 29)

·                Add the following sub-section: 

(3)     The use of cameras, recording equipment, television camera and any other device of a mechanical, electronic or similar nature used for recording the proceedings of a meeting by members of the public, including the news media, may be permitted provided it does not interfere with proceedings at the meeting, and subject to the approval and/or direction of the Chair unless otherwise decided by the Board..

 

Closed Meetings (revised section 30)

In the list of matters that the Board may consider at a Closed Meeting:

·                Amend sub-section 1(b)(v) as follows:  the security of the property of the City or Board.

·                Add the following sub-section: 

1(b)(viii)    education or training sessions for the benefit of Members.

 

Communications (revised section 32)

·                Add the following sub-section: 

(2)     Where, in the opinion of the Chair, the subject matter of any communication is properly within the jurisdiction of the Ottawa Police Service, such communication shall be referred to the Chief of Police for the necessary action without prior reference to the Board.

 

Committees of the Board (revised section 33)

·                Add the following sub-sections: 

(2)       The rules governing the procedure of the Board and the conduct of Members shall be observed in all Committee meetings so far as they are applicable.

(4)       Members shall be appointed to Committees by the Board and reviewed on an annual basis.

(6)       Members who are not Members of a specific Committee may attend meetings of that Committee and may, with the consent of the Chair of that Committee, take part in the discussion, but shall not be counted in the quorum or entitled to make motions or to vote at these meetings.

(7)       The Chair, ex-officio, is a member of every Committee and is entitled to participate in and vote at Committee meetings.

(10)       No sub-groups of Committees shall be established without approval of the Board

 

NEXT STEPS

 

The Procedure By-law, in section 33 (3), stipulates that “No amendment or repeal of this By-law shall be considered at any meeting of the Board unless notice of the proposed amendment or repeal was given at a previous regular meeting of the Board and the Board may not waive such notice.” 

 

To comply with this requirement, notice of the repeal of By-law #2 of 2011 and enactment of new By-law #3 of 2014 is being given at the Board meeting on 28 July 2014, so that the Board may approve and enact the new By-law at its meeting on 22 September 2014. 

 

CONSULTATION

 

All members of the Board were invited to submit amendments to the By-law.  Once all proposed amendments were incorporated, the Board’s Policy & Governance Committee reviewed the new By-law.  Board Solicitor D. White has also reviewed the proposed amendments and provided his input. 

 

FINANCIAL STATEMENT

 

There are no financial implications associated with this report.

 

CONCLUSION

 

The Board has been well served by its existing By-law, but there is always room for improvement and opportunities to provide clearer guidance to assist the Board in conducting its business.  A comprehensive review of the By-law has been carried out to identify gaps that would benefit from enhanced direction.  With Notice having been duly given of the intention to repeal the existing by-law and enact the attached By-law #3 of 2014, the Board will be asked at its September meeting to approve and enact Procedure By-law #3 of 2014. 

 

____________________________________________

 

Submitted by the Policy & Governance Committee:

 

Carl Nicholson, Chair

Jim Durrell

Eli El-Chantiry (ex-officio)

 

Attach. (1)