Loading...
990506 Regular Council Meeting Agenda (2)THE CORPORATION OF THE TOWN OF TILLSONBURG COUNCIL AGENDA THURSDAY— May 6', 1999 — 7:30 P.M. ORDER OF BUSINESS: A. Adoption of Agenda B. Declarations — Municipal Conflict of Interest Act C. Presentations 1. Mr. Bob Reynolds, Allmat & Associates RE: Organizational Review Report D. Reports 1. Chief Administrative Officer RE: O.P.P. Costing Proposal i) Ministry of the Solicitor General and Correctional Services — "Policy and Protocol on OPP Policing in Municipalities" — Information Manual - Enclosed E. Resolutions TO: The Mayor and members of Council FROM: D. C. Morris, Chief Administrative Officer SUBJECT: O.P.P. Costing Proposal DATE: April 4th, 1999 PURPOSE: To review the process to accept an O.P.P. costing proposal. BACKGROUND: Town Council, as requested, has received an O.P.P. costing proposal in accordance with a Resolution previously passed on December 15th, 1997 as follows: "Resolved that, upon recommendation of the Police Services Board, the costing of O.P.P. policing for the Town of Tillsonburg be requested, based upon retaining the existing level of service and incorporating the following principles - maintaining local control - protecting local employees - providing for technological advancement -providing for opportunity to return to the status quo." This proposal was received at a Regular Council meeting of March 8th, 1999 at which time presentations were made by the Local police Associations as well as the O.P.P.. Following this, an Operational and Financial review of the O.P.P. proposal in comparison to the existing Police Service was made to Council at its Regular Meeting of April 12th, 1999 by the Acing Chief of Police, C.A.O. and Treasurer respectively. At this same meeting, a presentation was made by the Police Services Advisor, Ministry of the Solicitor General and Correctional Services. A Public Meeting was advertised and held as part of Council's Regular meeting inviting written and oral submissions from citizens on April 26th, 1999. COMMENT: In order for Council to proceed to accept the O.P.P. proposal, it would be required that a Resolution be passed in accordance with the Ministry of Solicitor General and Correctional Services Policy and Protocol as attached; specifically, Appendix "B". In addition, the Protocol includes a sample letter to the Minister advising of Council's action, should it pass such a P resolution, and requesting the initiation of a disbandment hearing before the Ontario Civilian Commission on Police Services (OCCPS). The process that would be followed is also outlined in Appendix "E" to the protocol. In addition, during the preparation of the O.P.P. proposal, meetings were held with representatives of the Police Associations, O.P.P., Police Services Board and Town Administration. RECOMM MATION Should Council wish to proceed at this time in accepting the O.P.P. proposal, it is recommended that the following resolution be passed: "Resolved that the Council for the Town of Tillsonburg accept in principle the proposal for contract policing with the Ontario Provincial Police and indicates a willingness to negotiate a contract with the OPP." Chief Administrative Officer It DRAFT 11 October 26, 1998 MINISTRY OF THE SOLIC OR GENERAL AND CORRECTIONAL SERVICES POLICY AND PROTOCOL ON OPP POLICING IN MUNICIPALITIES INFORMATION MANUAL Revised August 28, 1998 DRAFT 11 October 26, 1998 TABLE OF CONTENTS Section Page Preface 64 The Ministry of the Solicitor General and Correctional Services 65 Introduction and Municipal Policing Options 66 OPP Policing in Municipalities - Policy 68 Protocol on OPP Policing in Municipalities 69 Disbanding an existing municipal police service 70 Arranging Appropriate Funding Agreements 70 Employment of Municipal Police Officers & CivMRW by the OPP 71 Introduction 71 Part I - Policies 71 Offer of Employment 71 Probationary Period 72 Seniority 72 Orientation Training 72 Promotional Opportunities 72 Postings 73 Part H - Procedures 73 Application ?3 Interview and Background Investigation 73 Appointment 74 Career Development 74 Rank Opportunity 74 Eligibility 74 Procedures 74 Appendices A. Sample municipal letter to accompany resolution requesting a costing for OPP 76 contract policing services B. Sample council resolution requesting a costing for OPP contract service 77 C. Sample municipal letter to accompany resolution accepting OPP costing 78 proposal D. Sample council resolution accepting costing proposal 79 E. Procedure, schedule and estimated time lines Ontario Civilian Commission on 80 Police Services F. Sample of Five-year Full Cost Recovery Agreement 82 G. Glossary of Terms 88 63 r DRAFT 11 October 26, 1998 The Ontario Ministry of the Solicitor General and Correctional Services, Policy and Protocol on OPP Policing in Municipalities is an information manual and guide for municipalities considering the OPP for the provision of municipal police services. Previous versions of this manual should be discarded. This manual is designed to allow for updates to individual pages or appendices. Questions, concerns, or suggestions for improvement concerning the Policy and Protocol on OPP Policing in Municipalities can be directed to: _ Ontario Provincial Police Municipal Policing Section Lincoln M. Alexander Building 777 Memorial Avenue, 3rd Floor Orillia, Ontario L3V 7V3 Help Desk Telephone (705) 329-6252 Facsimile (705) 329-6217 64 z DRAFT 11 October 26, 1996 THE MINISTRY OF THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES The Solicitor General is responsible for overseeing law enforcement and public safety throughout Ontario. Under subsection 3(2) of the Police Services Act, the Solicitor General is required to: a) monitor police forces to ensure that adequate and effective police services are provided at the municipal and provincial levels; b) monitor boards and police forces to ensure they comply with prescribed standards of service; c) repealed; d) develop and promote programs to enhance professional police practices, standards and training; e) conduct a system of inspection and review of police forces across Ontario; f) assist in the coordination of police services; g) consult with and advise boards, community policing advisory committees, municipal chiefs of police, employers of special constables and associations on matters relating to police and police services; h) develop, maintain and manage programs and statistical records and conduct research studies in respect of police services and related matters; i) provide to boards, community policing advisory committees and municipal chiefs of police information and advice respecting the management and operations of police forces, techniques in handling special problems and other information calculated to assist; j) issue directives and guidelines respecting policy matters; k) develop and promote programs for community -oriented police services; 1) operate the Ontario Police College. 65 DRAFT 11 October 26, 1998 The Mini of the Solicitor General and Correctional Services (the "Ministry") �Y policing in has revised its Policy and Protocol for Ontario Provincial Police (the "OPP") P S and 'ci aGties to reflect the amendments to the Police Services Act, (Bill 105). for muni p provide clear, concise information about the steps to be taken in developing o options' P the need for flexibility in handling various Policing P Opp service, recogm7e help streaniline the application process. This manual had been shared with the Ontario Association of Police Service Boards (`OAPSB"), the Ontario Association of Chiefs of police COACP"), the Police Association of Ontario C`PAO") the Ontario Provincial Police Commissioned Officers Association `COA"), the Ontario Provincial Police Association ("OPPA"), the Ontario �'� C p the Ontario Senior Officers Po Public Service Employees Union C`O SEU�� .ci al Affairs ��A")� �d the Association C`OSOPA"), the Ontario hMMnistry of Muni p Association of Municipalities of Ontario C`AMO"), hereafter called the stakeholders, and P upon request, interested municipalities. A member of the Police Support Programs Branch, Policing Services Division " " e is available on request to meet jointly with a Municipai Council ( PSD) of the I1�iinistry the procedure the "Council") and the local Police Services Board (the "Board) to explainP ( for preparing an OPP costing proposal or to pursue the policing service options as P identified by the Police Services Act. Inquires should be directed to: Director, Police Support Programs Branch Policing Services Division Ministry of the Solicitor General and Correctional Services 25 Grosvenor Street, I2th Floor Toronto, Ontario. M7A IY6 Telephone: (416) 314-3015 Facsimile: (416) 314-3040 The methods of Providing rovidin municipal police services are set out in s. 5, and s. 5.1 Police Services Act, as follows: ointed by 1. The council may establish a police force, the members of which shall be app the board under clause 31 (1) (a). ' may enter into an agreement under section 33 with one or more other a 2. The council y y p Dort the members o councils to constitute a joint board and the joint board ma a p police force under clause 31(1) (a)• enter into an agreement under section 6 with one or more other 3. The council may councils to amalgamate their police forces. ' ter into an agreement under section 6.1 with the council of another 4. The council may en provided by the board of the other municipality, municipality to have its police services on the conditions set out in the agreement, if the municipality that is to receive the to the municipality that is to provide the police services police services is contiguous receives police services from the same or is contiguous to any other municipality that municipality. 66 DRAFT 11 October 26, 1998 5. The council may enter into an agreement under section 10, alone or jointly, with one or more other councils, to have police services provided by the Ontario Provincial Police. b. With the Commission's approval, the council may adopt a different method of providing police services. Under subsection 5.1 (1) Police Services Act, if a municipality chooses not to provide police services by one of the ways set out in section 5, the Ontario Provincial Police shall provide police services to the municipality. Under subsection 5.1(2). a municipality that is provided services by the Ontario Provincial Police under subsection (1) shall pay the Mnister of Finance for the services, in the amount and the manner provided by the regulations. 67 DRAFT 11 October 26, 1998 OPP POL ICINg IN MUNICIPAL MES Under Section 10 Police Services Act, the Solicitor General May enter into an of two or more - agreement with the council of a municipality, or jointly with the council . municipalities, for the provision of police services by the Ontario Provincial Police for the municipality or municipalities. POLICY 1. After the request has been examined by ministry officials, and after the Solicitor General is satisfied that the relevant sections of the Police Services Act have been complied with, the Solicitor General may authorize the OPP to provide a costing for the provision of policing by the OPP. A needs study, including public consultation, will be conducted in all cases by the O pp 2• the study a detailed proposal with in conjunction with municipal officials. Following one or more options will be presented to the municipality for consideration. 3. Any proposal for the provision of OPP service will be based on full -cost recoVety inion, the council seeks 4. No contract can be entered into K in the Solicitor General" sarop . , provisions of the the agreement for the purpose of defeating the collective bargaining Police Services Act. should make it clear in dealing with municipalities that, 5, Ministry officials sh subsequent acceptance of the notwithstanding OPP costing and needs studies and the suCCpS has consented to the contract by a municipality, and notwithstanding that the OCCP the art of the disbanding of the municipal police force, there is no commitment on P Government until Management Board of Cabinet approval is obtained. will hire all serving municipal police officers who meet the requirements of 6. The OPP It is the role of OCCPS to the Police Services Act and are not charged criminally. ; , al olive services. � P� review and approve all requests for disbandment of muiuci� of the disbanded police of this review, OCCPS must be satisfied that all employ an a merit is in service will be treated fairly and equitably. This includes ensu ring g� place with regard to severance pay or the matter is referred to arbitration. t between Management Board (Ontario Government) and the Ontario 7. By agreemen the OPP will offer employment to those Public Service Employees UNon (OPSEU), civilia ns required by the OPP to meet the obligations of a policing services contract. 68 DRAFT 11 October 26, 1998 PROTOCOL ON OPP POLICING IN MUNICIPALITIES Procedures for Contracting Policing Services with the OPP. Any council wishing to request a costing for the provision of policing services by the OPP must: a) Submit a Council resolution requesting a proposal for the cost of OPP contract policing to the Solicitor General, for the attention of: The Commander, First Nations and Municipal Policing Bureau Ontario Provincial Police Lincoln hi Alexander Building 777 Memorial Avenue, 3rd Floor Orillia, Ontario L3 V 7V3 (Example at Appendix A), and: b) Provide a copy(Jes) of the resolution(s) to the Police Services Board, Chief(s) of Police, and the local Police Association(s), where such exist. Where municipalities are amalgamating, or are subject to any legislative provisions, a request for the provision of OPP policing will only be acted upon where each council, (or transition board, where applicable) submits a resolution requesting same. The Solicitor General will acknowledge receipt of the resolutions in a timely manner and inform the stakeholders of the request. Members of the OPP Municipal Policing Section will: a) meet with representatives from the Council and the Police Services Board to explain the costing process, discuss the municipality's policing needs, and explain the requirement for public consultation in the process. b) develop, with the municipality's assistance, a preliminary report on the municipality, setting out the population, names of elected and appointed municipal officials, details of the existing police force, and other information as required. c) develop a proposal based upon the identified level of service with associated costs of providing such municipal policing services. d) submit the proposal to the Council, (and Board, with the Council's consent), for review. If the Council accepts or rejects the costing proposal, the Council will provide a copy of the resolution to the Solicitor General The Council must advise the police services board, the Chief(s) olw Police and the local Police Association(s) of the decision reached. (Examples at Appendices C & D) 69 DRAFT 11 October 26, 1998 Disbanding an Existing Municipal Police Force municipal police force and contract If the Council chooses to abolish an existing r consent in accordance with section for OPP service, the Council shall apply to OCCPS fo 40 of the Police Services Act. (Examples at Appendices C & D) The B oard shall supply OCCPS with sufficient information on which OCCPS • that the abolition of the police force w� not contravene the Police be satisfied Act and that severance conditions have been complied with, as required by s.40 of the Act. • in the community to receive representations OCCPS will convene a public hearing to abolish the municipal police force. Notice of meeting will be and consider the request given to the Public, Council, Board, Chief of Police the local Police Assoceat:on(s}, Minister, the Commissioner of the OPP, and other stakeholders. OCCPS shall communicate its fin dings and decision to the Council, Board, the Chief of Police, the total Police Association(s), Solicitor Genes the Commissioner of the OPP, and other stakeholders. .. lice force, the Council If OCCPS approves the disbandment of the, municipal po •Solicitor General of its intention to disband the municipal police force and shall advise the enter into a contract for OPP policing - Arranging Appropriate Funding Agreements ' General will consider the request of the Council and the findings of The Solicitor the OCCPS. If the Solicitor General approves the request, the OPP will snake application, • Division, to Management Board of Cabinet to establish the through Business planning arrangement necessary to enter into a contract for policing Of the municipality by funding the OPP. d of Cabinet will either approve or deny the request for funding. Management Boar date is a sail upon for the commencement of the contract for a) If approval is given, a gr ent is sent to Council for review and OPP policing of the municipality A d� aBTe� the agreement A joint final approval- The Council and the Solicitor General �8'n ' p b the Minnstry and the Council to inform the general news release is issued locally y public. the Ministry may upon request, through its PSD, assist the b) If the application is denied, other options for meeting its policing obligations. municipality to investigate oth p 70 DRAFT 11 October 26, 1998 EMPLOYMENT OF MUNICIPAL POLICE OFFICERS AND CIVILIANS BY THE ONTARIO PROVINCIAL POLICE Under the Police Services Act, s. 10, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the OPP. The OPP and the Ministry recognize that this action may cause concern to members of a municipal police force, and has prepared this overview in order to highlight the main features of the policies and procedures involved in the OPP hiring process. PART 1- POLICIES Offer of Employment When a municipality enters into an agreement with the Solicitor General for policing services by the OPP, there is an effect on both the community and the municipal employees. The OPP will offer employment to all serving uniformed municipal police officers who meet the requirements of the Police Services Act, however, the Commissioner reserves the right to review the suitability of any officer charged with a criminal offence. A municipal officer who is on disability leave at the time of disbandment of a municipal police force will be offered employment with the OPP on satisfactory evidence from a medical practitioner of the member's suitability to return to duty. The salary for municipal officers accepting employment with the Ontario Provincial Police will be at the current rate established for the particular rank in the OPP. The benefits package provided to these members will be the same as that provided to members of the Ontario Provincial Police. The OPP will offer employment to all civilian employees of the municipality whose positions are required to support OPP contract operations. Civilian employees so hired will become employees of the Ontario Public Service and, as such, will be enrolled as members of OPSEU. NOTE: Uniformed members of the OPP are represented by the Ontario Provincial Police Association (OPPA). Civilian members are represented by the Ontario Public Service Employees Union (OPSEU). 71 DRAFT 11 October 26, 1998 Probationary Period The Public Service Act, subsection 6(2), provides that an new employees are subject to a probationary period of not more than one year. For civilian employees the period is nine months and may be reduced by the manager to six months; for uniform members one year. The probationary period for uniformed members may be reduced at the discretion of the Commissioner. Seniority Uniform members of a municipal police force hired by the OPP as a result of an amalgamation will be credited with seniority for all unbroken* service with any Ontario police force. Note: Members with two consecutive perforaaaaee evaluations from their municipal polim service, withthe most recent one being completed within six months of joining the OPP, will be recognized for Senior Constable designation. Mw member must have ten years continuous service and both performance evaluations must indicate satisfactory performance. Civilian employees hired as a result of this process will be credited with all unbroken* service with the municipal police service. (* "Unbroken" means a period of not more than 90 days between leaving one service and joining another.) . Orientation Training The OPP will provide orientation and training opportunities to former municipal police officers and civilian employees to ease transition into the OPP. The OPP is committed to: a) ensuring that these employees are entitled to the same training afforded to existing OPP members, and b) providing equal promotional opportunities with existing OPP members Promotional Opportunities All eligible municipal police officers are initially offered employment by the OPP at the constable rank; however, appointments at higher ranks are possible from the outset, in accordance with the rank opportunity procedure described on page 13. A municipal police officer entering the OPP at the rank of constable will be eligible to enter the first available constable -to -sergeant promotional process, provided that the officer is at first-class by January 1, in the year the promotional examination is written, which in most cases is three years of service. If the officer enters the OPP at a rank above constable, the officer will be immediately eligible for the first available promotional process to the next rank level. 72 DRAFT 11 October 26, 1998 Postings On joining the OPP, a member undertakes to serve at any OPP location within the Province. During the personal interview conductod by a member of the OPP Human Resources Services, the municipal police officer should make known his or her wishes on relocation for appropriate consideration by the OPP. The Commissioner reserves the right to relocate personnel in the best interests of the community and the OPP. The OPP, however, will not transfer a municipal police officer who is hired by the OPP for the first three years after the hiring unless; a) the officer requests a transfer, b) the officer is required to relocate for a promotional opportunity; or, c) the officer is unable in the opinion of the Commissioner to perform his or her duties effectively in the community. :• • Application Municipal police officers will be given an opportunity to submit an application on the approved form. This form will be provided by the OPP. The following documentation must accompany the form: 1. Proof of education, including completed police training; 2. The original application and Oath of Office completed for the municipal police force (if available); and 3. A resume and other information the applicant wishes to become part of his or her individual staff file. Interview and Background Investigation Representatives from OPP Human Resources Services and the OPPA will convene a meeting with members of the municipal police force to address any questions or concerns. A municipal police officer wishing to become a member of the OPP may attend a personal interview conducted by a member of the OPP Human Resources Services. An officer of inspector rank or above will be interviewed by a commissioned officer. The interview is designed to include an opportunity for the officer to make his or her career aspirations known to the OPP and for the OPP representative to explain the opportunities and benefits available. In addition to the interview process, a member of the Human Resources Branch will conduct a background investigation and prepare a report relating to the municipal police officer's previous police experience, training needs and any other relevant matters. 73 DRAFT 11 October 26, 1998 Appointment At the time of appointment, municipal police officers and civilians will be required to take the Oath or Affirmation of Office and Secrecy and the Oath of Allegiance as required under the Public Service Act. In addition, police officers will be required to take the Oath or Affirmation of Office pursuant to O. Reg. 144/91 made under of the Police Services Act. Career Development Within 90 days of appointment, each former municipal police officer may be required to undergo a series of tests to identify training needs which will benefit career development. RANK OPPORTUNITY Eligibility To be eligible to seek appointment to the OPP at a rank other than constable, an officer must hold a confirmed rank above constable in the municipal police force and make application for rank level determination. Rank Level Determination Rank Level Determination is a process used to evaluate the knowledge, skills, and abilities of a member of a municipal police force in relation to police supervision and management. Procedures 1. All eligible members seeking entry to the OPP at a rank above constable will be provided with documentation setting out the core competencies of the constable, sergeant, staff sergeant, and commissioned officer ranks of the OPP. Upon request, a member of OPP Human Resources Services will meet with any eligible member to explain the necessary procedures and provide the documentation. 2. The applicant must submit the required documentation, including references. 3. A background investigation will be completed which will include the performance and experience of the applicant. 4. The Bureau Commander, Organizational Development Bureau will invite the applicant to appear before the Rank Level Determination Board 5. The Rank Level Determination Board will be chaired by the Bureau Commander, Organizational Development Bureau, or designate, and composed of the following members: A representative of the Ontario Association of Chiefs of Police, A representative of the Ontario Senior Officers Police Association, A representative of the OPP Conunissioned Officers Association, A representative of the Police Association of Ontario, A representative of the Ontario Provincial Police Association. 74 DRAFT 11 October 26, 1998 6. The Rank Level Determination Board will interview the applicant to assess experience in relation to the core competencies of the rank being sought. The applicant's knowledge of OPP policy and procedures will not form part of this interview. 7. The Rank Level Determination Board will detamine the applicant's entry rank level by assessing demonstrated knowledge, skills, and abilities. S. The Rank Level Determination Board will make its recommendation in writing to the Commissioner of the OPP. 9. The Commissioner of the OPP will make the final detenmination of the assigned rank. 10. The Commissioner's decision shall be communicated to the applicant and the panel members as soon as possible. 11. Applicants identified for confirmation of rank in accor+da=eee with this policy shall undergo an on-the-job development program designed to familiarize them with OPP policy and management philosophy. 75 DRAFT 11 October 26, 1998 APPENDIX `A' SAMPLE MUMCIPAL LETTER TO ACCOMPANYA RESOLUTION REQUES73NGA COSTING FOR OPP C01 7Z4CT PoLIC 1VG SERVICES The Honourable (name of the Solicitor General) Solicitor General and Minister of Correctional Services 25 Grosvenor Street, 1 lth Floor Toronto, Ontario WA IY6 ATTENTION: The Commander, Hirst Nations and Municipal Policing Bureau Ontario Provincial Police Dear Sir(or Madam): In accordance with section 10 of the Police Services Act, the Council of the (municipality name) passed motion no. of 199 at its session on (date of Council meeting). Please find attached a certified copy of the relevant section of the minutes of the meeting requesting approval of a costing for the provision of police service by the Ontario Provincial Police in our community. We trust you will be able to honour our request in the near future. Yours truly, ClerklAdministrator (Municipality name) Attachment c.c.: Police Services Board Chief of Police Local Police Association 76 DRAFT 11 October 26, 1998 APPENDIX "B' SAMPLE COUNCIL RESOLUTION Motion No. Date: Moved by. (Council membees name) Seconded by: (Council membees name) That the Council for (municipality name) request the Ministry of the Solicitor General and Correctional Services advise of the availability and costing for policing of (municipality name) by the Ontario Provincial Police. Carried, Mayor / Reeve (name) I hereby certify that this is a true copy of the resolution, motion # , that was adopted by the Council of (municipality name) on (date of Council meeting). (signed by the clerk -treasurer) 77 DRAFT 11 November 23, 1998 APPENDIX `C' SAMPLE WAICWAL LETTER TO ACCOMPANYA COUNC7L RESOL U77ON A CCEP737VG COSTINGA PROPOSAL FOR OPPPOLIC17VG OF MUNIC7PALITYAND REQUESTING DISBANDMENT OF 771E MUNICIPAL POLICE SERVICE The Honourable (name of the Solicitor General) Solicitor General and Minister of Correctional Services 25 Grosvenor Street, I Ith Floor Toronto, Ontario M7A IY6 ATTENTION: The Commander, First Nations and Municipal Policing Bureau Ontario Provincial Police Dear Sir (or Madam): Enclosed are the resolutions from the Council of the (municipality name) stating that they accept, in principle, the proposal for OPP Contract Policing and indicating a willingness to negotiate an appropriate contract. Please initiate the process necessary to accomplish the transition in our community. I also request that the Ontario Civilian Commission on Police Services be requested to hold a disbandment hearing for our existing police force as soon as possible. Thank you for your assistance in this matter. I would appreciate receiving your confirmation in the near future. Yours truly, Signed by the Mayor of the municipality. Attachment c.c.: The Chair, Ontario Civilian Commission on Police Services 25 Grosvenor Street, 1st Floor Toronto, Ontario M7A 1Y6. Police Services Board Chief of Police Local Police Association 78 DRAFr 11 October 26, 1998 APPENDIX `D' SAMPLE COUNCIL RESOLU77ON Attachment #l: Motion No. Date: Moved by: (Name of Council member) Seconded by: (Name of Council member) That the Council of the (municipality name) accepts in principle the proposal for contract policing with the Ontario Provincial Police and indicates a willingness to negotiate a contract with the OPP. Carried, Mayor (name) Certified as a true copy by: (name of secretary) 79 DRAFT 11 November 23, 1998 APPENDIX `E' PROCEDURE, SCIIEDULE AND ESTIMATED TIME LINES FOR CONTRACTING POLICING WrM THE MUMTRY FOR THE PROVISION OF OPP MUNICIPAL SERVICES hem Activity Estimated Work days 1 Inquiry addressed to the Solicitor General, Attention: The Commander, First N/A Nations and Municipal Policing Bureau, Ontario Provincial Police, from Council/Police Services Board regarding policing options. 2 Letter from the Solicitor General to Council and Police Services Board with a 10 days copy of the "Inkrmation Package" on OPP Policing in Municaipalides 3 At the request of Counc&?olice Services Board, Policing Services Division will N/A meat them to provide further information or clarification. Confirmation of meeting is sent to both parties by Policing Services Division 4 Request for OPP costing, supported by resolution by each municipal council (or NIA transition board, where applicable), sent to the Solicitor General , Attention: The Commander, Fust Nations and Municipal Policing Bureau, Ontario Provincial Police, 777 Memorial Avenue, Orillia, Ontario, L3 V 7V3. S better from the Ministry to Council advising of decision to approve costing. If 10 days rejected, a letter is sent and process stopped. c.c. to stakeholders. 6 Costing Proposal Process, undertaken by OPP Municipal Policing Section 90 days 7 OPP Costing Proposal prepared and presented to OPP Commissioner's 10 days Committee for internal approval. a Costing Proposal forwarded to Council (and Police Services Board, with 10 days Council's consent). 9 If requested, OPP makes a formal presentation to Council and Police Services Board. NIA 10 Council and Police Services Board may advise OPP of additional requirements to N/A be included in the Proposal. Where significant changes are requested, steps 7 to 9 must be repeated I 1 Council resolution accepting or rejecting the Proposal sent to the Solicitor N/A General. 12 Letter from the Solicitor General, acknowledging receipt of resolution. c.c. to 10 days stakeholders. 13 If the proposal is accepted, Council notify OCCPS, and request disbandment NIA 80 DRAFT 11 November 23, 1998 14 OCCPS conducts mooting for disbandment of local police force. 6-12 weeks 1S. OCCPS written decision received. If derision will significantly alter proposal the 4 weeks proposal must start again at step 6. 16. If OCCPS approves, Council is notified by letter from the Solicitor General, that N/A the Ministry is proceeding with the Management Hoard Submission, 17. Management Board submission (NIB-20) is prepared by the OPP and forwarded to Business planning 'Division where it is finalized and forwarded to the -Board Secretariat 10 days IS. Management Board Secretariat review the PAB20 and schedule praeatation to Management Board of Cabinet. 30-60 days 19. On Management Board approval, policing agreement prepared by OPP. forwarded to the Council for execution and return to OPP N/A 20. Agreement forwaarded by OPP to the Solicitor General for approval and execution.21. N/A Communications Branch. in consultation with the OPP, Council and the Police Services Board prepares a joint news release. N/A 22. Joint news release by the Solicitor General, the Council and Police Services Board. c.c. to stakeholders, N/A 23. OPP/Municipal Police Service Transition Team integrates the two police forces. N/A 24. Agreement commences. N/A 25. Municipal police officers sworn in as OPP off cars. N/A 81 DRAFT 11 October 26, 1998 "PENDLX T' Sample Five -Year Agreement This Agreement made in originally executed copies, this _day of , 199 AGREE11+lENT FOIL THE PROVISION OF POLICE SERVICES UNDER SECTION 10 OF THE POLICE SERVICES ACT. R.&O.1990, c. P.L% as am. BETWEEN: AND: THE SOLICrrOR GENERAL OF ONTARIO ("Ontario? THE CORPORATION OF THE OF M= (the "Municipality") OF THE FERST PART OF THE SECOND PART RECITALS: (a) Under s. 4(1) of the Police Services Act, RS.O. 1990, c. P.15, as am. (the "Act"), the Municipality is required to provide adequate and effective police services in accordance with its needs; (b) Under s. S of the Act, the Municipality's responsibility for providing police services may be discharged by entering into as Agreement with Ontario under s 10 of the Act; (c) The Municipality has expressed its intent to provide police services, in pursuance of its respon�bilities under L S of the Act, by means of this Agreement, as evidenced by resolution number dated (a copy of which is attached as Schedule WY, (d) This Agreement reflects the intent of the parties to provide a level of police services for the Municipality as set out in the "Proposal for Policing Services," dated [date], 199 (attached as Schedule "B"); (e) This Agreement reflects the intent of the parties that the proportion of the total cost of maintaining the detachment of the Ontario Provincial Police (the "O.P.P.") paid by the Municipality is directly attn'butable to the cost of providing police services in and for the Municipality; NOW THEREFORE, in consideration of the premises and covenants herein, the parties agree as follows. 1. The parties warrant that the recitals are true. 82 DRAFT 11 October 26, 1998 Definitions 2. In this Agreement: (a) "Annual Budget" means a budgetary estimate of the Mwsidpality's annual police costs, showing the budgetary estimate for each component and the service kvels and equipment and all other matters Prepared by Ontario, the O.P.P. or the Commissioner and submitted to the Board for approval by the Municipality under this Agreement. (b) "Annual Financial Statement" means a fWancial statement which presents the Municipality's annual police costs incurred, in accordance with generally accepted a+000vating principles, subject to this Agreement, prepared by Ontario, the O.P.P. or the Commissioner and submitted to the Board for approval by the Municipality under this Agreement I (c) "Board" means the Municipality's Police Services Board (d) "Commissioner" means the Commissioner of the O.P.P. (e) "Detachment Commander" means the O.P.P. officer in charge of Detachment M "Memorandum of Understanding" means the collective agreement negotiated from tune -to time between the Crown and the Ontario Provincial Police Assoaation, pertaining to con F - sation, benefits, and woridng conditions of the uniformed members of the O.P.P., up to and including the rank of sergeant - major. General Provisions 3. Ontario shall provide adequate and effective police services in accordance with the needs of the Municipality in compliance with the terms and conditions of the Agreement. The Municipality shall pay Ontario for the police services provided under this Agreement in accordance with this Agreement 4. The Commissioner shall ensure that the Detachment Commander responds appropriately to the Board's objectives and priorities determined under s. 10(9)(b) of the Act. 5. For the purposes of s. 10(6) of the Act, the Municipality shall be deemed the municipality in respect of which the O.P.P. are assigned to provide police services under this AgriPont I which shall inchrde the enforcement of mutually agmd upon by-laws. The parties shall annually review this part of the Agreement with a view to revising or updating the list of by-laws requiring O.P.P. enforcement Municipal Building Code violations overseen by the Municipality's Building Code inspector and those by-laws related to animal control will not form part of this Agreement 6. The Commissioner shall cause the Detachment Commander or his or her designate to report to the Board at mutually agreed upon intervals regarding the provision of police services in and for the Municipality. Service Levels 7. Ontario shall cause the Commissioner to assign police officers and other persons to duties relating to the police services in and for the Municipality so as to mat the service level requirements set out in Schedule "C" attached to and forming part of this Agreement DRAFT 11 October 26, 1998 8. Ontario shall cause the Commissioner to provide a minimum of 1,456 hours of actual work per calendar year by the aPPfOPriatrJy ranked Pawns at rtgutar non -overtime rates for each actual position as is outlined in Schedule "C". When less than 100•/. of the time of an actu.3l position is dedicated to providing service to the Municipality, the minimum cost shall be reduced accordingly. 9. The parties shall yearly review the swAce levels as are found in Schedule 'B" and shall matte the appropriate adjustments to the Annual Budget 10. Ontario shall deliver to the Board at mutually agreed upon intervals a statement concerning statistical information as required by the Board regarding police services provided under this Agreement Ontario shall ensure that appropriate records are kept to support and verify the statement provided. Eauinment and Faeillties 1 I.Ontario shall supply or cause to be supplied at Ontario's oast all vehicles and equipment reasonably necessary and appropriate for the use of the O.P.P. in providing police services under this Agreement Appropriate amounts in respect of the lotion of the: capital cost of such vehicles and equipment. if any, may be included in the Annual Budget. 12. The parties will enter into negotiations concerning the provision and payment of appropriate buildings and rental agreements. Cost of Police Services 13. On or before December I in each year, Ontario shall prepare and deliver to the Municipality for its review and approval, the Annual Budget for the following year (Schedule "D"), together with sufficient documentation and information reasonably necessary to explain and support the service levels, the adequacy of equipment and facilities and all outer matters affecting the Annual Budget . Unless and until the Annual Budget for any year is approved by the Municipality, the Annual Budget for that year shall be deemed to be the Annual Budget for the previous year, increased only by inflation determined in accordance with the change in the Ontario consumer price index for the latest 12 month period at time of quarterly invoice, provided that any known increases in wage rates or benefit levels pursuant to a collective agreement shall be used for those labour costs rather than inflation. The Municipality and Ontario shall negotiate in good faith to resolve any differences which may arise concerning the approval of the Annual Budget, with a view to resolving any differences, no later than May 31 in the year to which it relates. 14. The Municipality shall make quarterly installment payments to Ontario on the last days of March, June, September and December in each year, each being one quarter of the Annual Budget for that year subject to adjustment in accordance with the Annual Financial Statement as set out below. If any installment is made in respect of a calendar year before the approval of the Annual Budget for that year, following the approval of the Annual Budget, at the time of the payment of the next installment for that year, an adjustment shall be made so as to bring all installments in conformity with the Annual Budget 1 S. On or before March 31 in each year following a year to which this Agreement applies, Ontario shall deliver to the Municipality for its approval an Annual Financial Statement for the preceding calendar year. Ontario shall keep all records, statements of account, invoices and any other such documents necessary to support the Annual Financial Statement, and all such records shall be kept for a period of six years. Ontario shall permit the Municipality, upon notice to Ontario, to examine all such records and books of account and conduct a review of the Annual Financial Statement 84 DRAFT 11 October 26, 1998 16. Should the amity fail to notify Ontario of its approval of the Annual Financial Statement within 90 days following its delivery, it shall be deemed to be approved. Should either the Municipality deliver to Ontario a request to review the Annual Financial Statement within 90 days following its delivery to them, it shall only be approved or amended and approved in accordance with paragraph 17. 17. Where the Municipality has delivered to Ontario a request to review the Annual Financial Statement, the Municipality sMU carry it out expeditiously, and Ontario shall cooperate to permit such a review to be carried out. If the parties are unable to agree on the Annual Financial Statement, either party may submit the matter to the dispute resolution mechanism contained in paragraph 20. IS. Upon the approval, deemed approval or adjudicated approval of the Annual Financial Staatement, as provided in this Agreement, an adjustment shall be made in the amounts paid by the Municipality by installment so that the total amount paid is equal to the amount as shown on the approved Annual Financial Statement. Any amounts payable by one party to the other as a result of such adjustment shall be paid within 60 days following the approval, deemed approval or adjudicated approval of the Annual Financial Statement. Any amounts which have become dim and owing by one party or the other according to the adyusunent shall bear interest at the rate set by the Minister of Finance of Ontario, from time to time for the purpose of repayment of taxes, from 30 days following the date of invoice by one party to the other. 19. Despite anything in this Agreement, the total amount of money paid by the Municipality for police services in respect of any calendar year shall not exceed the Annual Budget for that year, whether approved or not, and the Annual Financial Statement shall be amended to reduce or eliminate any such excess shown therein, with the exception of costs and expenses incurred as a result of the following: (a) an emergency where the emergency area includes the whole or any part of the Municipality and an emergency has been declared under the Emaye icy Plans Act, R.S.O. 1990, c. E.9, and all contributions to defray any costs incurred in that connection from any provincial or federal government sources which may be reasonably expected have been accounted for, (b) increases with respect to wages, benefits or other employment matters, (c) Property and Pit, equipment and fuel, (d) compliance with any laws, by-laws, regulations or provincial standards which become applicable to this Agreement or the provision of police services following the approval of the Annual Budget for that year, and (e) any other matters which require the provision of municipal police services in the Municipality and which were beyond the control of Ontario or the O.P.P., and which were unforeseeable at the time of the approval of the Annual Budget, and, in the event the Municipality decides to reduce the number of employees employed by the Municipality in connection with this Agreement, the Municipality shall bear all costs and expenses incurred as a result of any such reduction. R.9; DRAFT 11 October 26, 1998 Dispute Resolution Mechanism 20. in the event a dispute arises between the pasties regarding the inteerpretation, application, administration or alleged violation of this Agreement, the Detachment Commander, or representative, agrees to mod with the Board at the earliest available Opportunity to discuss the dispute If the dispute remains unresolved at the Detachment kvel, the Regional Commander, or represcntative, agrees to meet with the Board at the earliest available opportunity. If ft dispute remains unresolved at the Regional level, the Commissioner (or a Deputy Commissioner, in the absence of the Commissioner) agrees to mat with the Board at the earliee available opportunity. Nod 21. Any notice, statement, invoice cw account to be &xwered or given by any of the below listed groups to any other of them shall be delivered to all other groups in writing and sent by mail addressed to those groups at their respective address as listed below, or sent by fax transmission to the fax number listed below. Any notice, statement invoice or account seat by mail shall be deemed to be received on the third day following the date of mailing unless shaven to the contrary and if sent by fax shall be deemed to be received on the date of transmission. Any group may d=ge its address and fax number by giving notice provided herein: (1) to Ontario addressed to: The Solicitor General and Minister of Correctional Services, 25 Grosvenor Street, 11'b Floor, Toronto, Ontario, M7A 1Y6, FAX number (416) 326- S08S. (2) to the Commissioner addressed to: The Commissioner, Ontario Provincial Police, 777 Memorial Avenue, Orillia, Ontario, L3V 7V3, to the attention of the Bureau Commander, First Nations and Municipal Policing Bureau, FAX number (705) 329- 6217. (3) to the Municipality addressed to: JCCC, FAX number XXXX (4) to the Board addressed to: JCCCC, FAX number JCM Commencement and Termination of Agreement 2. This Agreement comes into force on the 1st day of . 199--, and shall conclude on the day Of— 7 1. 3. At the time the Municipality accepts the O.P.P.'s Proposal for Police Services (attached as Schedule "B"), Ontario will: (a) offer employment to all serving police officers of the XXXX Police Service holding the ranks of first-class constable, second-class constable, third-class constable or fourth- class constable at their present rank; (b) offer employment to all other serving police officers of the XXXX Police Service as first-class constables with the opportunity for them to attain higher ranks, (c) recognize all service and seniority accumulated in accordance with O.P.P. requirements with the XXXX Police Service for all purposes except pension and severance pay, and (d) enroll in the Public Service Pension Plan and all eligible benefit plans, all persons accepting employment with the O.P.P. 86 DRAFT 11 October 26, 1998 2. Either party to this Agreement may terminate this Agreement upon one year writtm notice of termination to the other parry, in which case this Agreement shall terminate one year following the delivery of such notice. Should a notice to terminate be given, the Municipality shall continue to be obligated to pay for the oast of providing police services nude r this contract to and including the date of such termination and Ontario shall continue to be responsible to provide the services outlined in this Aunt. 3. Should the Municipality's designated responsibility to provide policing under the Act be changod, either by statute or government interprdation, the 4Ilk 601 �slity maintains its right upon being so informed to give written notice of its intention to terminate this Agreement forthwith. Entire Aereeereat 4. This arement and the schedules attached constitute tho entire Agreement between the parties, and there are no septsentations, warranties, collateral agreements or conditions affecting this Agreement or the relationship of the parties or supported hereby other than as expressed herein in writing. Any amendment to this Agreement must be in writing; duly executed by the parties. IN WITNESS WHEREOF, the Municipality has mixed its Corporate Sed attested by the signature of its duly authorized signing officers and the Solicitor General has personally signed this Agreement to be effective as of the dace set out herein. FOR ONTARIO FOR THE MD'NICIOPALPTY P:oMradlBlsriklCaoltact9Um The Solicitor General of Ontario Mayor, Reeve, etc. (as appropriate) Chief Administrative Officer, or Clerk (as appropriate) Revised: Febmary 25, 1999 87 DRAFT 11 November 23, 1998 APPENDIX `G' GLOSSARY OF TERMS APPLICANT FOR A member who holds a confirmed sank above constable in a municipal police service RANK LEVEL that will be amalgamated as the result of a municipal absorption, under section 10 of DETERMINATION.- the Police ServiceaAct, and who has applied to enter the OPP at a rank above constable. BUREAU The Bureau Commander C0bRAANDE[t: Organizational Development Bureau, Ontario Provincial Police COMMISSIONED The Ontario Provincial Police Commissioned Wears Association is an incorporated OFFICERS body that represents the inteaWs of all Commissioned Officers, The Association does ASSOCIATION not have legislative sanctioned bargaining rights but has a participatory mandate to (COA) negotiate working conditions, salaries, benefits and job security. The participatory mandate extends to studies, various committees, service delivery groups, human resources task groups and attendance at OPP Senior Management Committee meetings. ONTARIO The Ontario Association of Chiefs of Police was established in 1952. The membership ASSOCIATION OF is comprised of 1100 senior police -managers, of the rank of inspector and above, from CE=FS OF POLICE the OPP, RCS and municipal police services. (OACP) The objectives of the OACP include: a) promotion of competent police administrators through assistance and support of members in meetings, committees and annual and special meetings; b) improved police administration to better serve municipalities and the people of Ontario; and, c) the development, promotion and execution of education, training, legislation and community programs through committees, seminars and local involvement. ONTARIO The Ontario Association of Police Services Boards was established in 1963 as the ASSOCIATION OF Municipal Police Authorities and was incorporated under its new name in 1990. Its POLICE SERVICES membership consists of municipal police services boards in Ontario. BOARDS Its mission is to promote and maintain the highest degree of professionalism on the (OAPSB) part of the Boards in the performance of their duties to provide for and to direct policing services, and to maintain law and order in their municipalities. The OAPSB also promotes the accountability of Boards in the discharge of their duties. ONTARIO CIVR IAN The Ontario Civilian Commission on Police Services is an independent quasi-judicial COBOMSION ON civilian agency comprised of part-time members and a full-time Chair. Members are POLICE SERVICES normally appointed by Order -ice -Council for terms of 3 years. Police services and (OCCPS) police services boards are ultimately accountable to the public through the Commission. The powers and duties of the OCCPS, as outlined under sections 22 through 25 of the Act, include hearing appeals to police disciplinary penalties, conducting hearings into requests for reduction, disbandment or amalgamation of police services, general enforcement relating to adequacy and effectiveness of policing, conducting investigations and inquiries into the conduct of chiefs of police, police officers and members of police services boards, conducting reviews of local decisions relating to public complaints, conducting inquiries in respect of public complaints, conducting investigations and inquiries into law enforcement matters. 88 DRAFT 11 October 26, 1998 ONTARIO The Ontario Provincial Police Association is the exclusive bargaining agency for »: PROVINCIAL POLICE uniform members with the exception of those holding a commissioned rank. This ASSOCIATION represents approximately 4500 people. The Executive Staff and Board of Directors are . (OPPA) the spokespersons to government and Senior Management on salary, benefits and working conditions. The OPPA employs full time legal counsel to represent members at discipline hearings, Hoards of Inquiry, civil litigation, judicial review applications and grievance proceedings. The OPPA also mediates benefits disputes (e.g.. dental and prescription claims) and provides pre -retirement counseling. ONTARIO PUBLIC The Ontario Public Service Employees Union is recognized as the exclusive bargaining SERVICE EMPLOYEES agent for all civilians who work for the OPP. OPSEU represents approximately UNION 100,000 members who work for agencies funded by the Ontario government as well as (OPSM those who work in colleges and for line Ministries. Civilians working for the OPP are part of the Ontario Public Service and are part of the Ministry of Solicitor General and Correctional Services and are represented by the following bargaining units: Administrative. Correctional, Institutional and Health Care, Office Aministration, Operations and Maintenance and Technical. OPSEU bargains wages, benefits, working conditions and pensions centrally. OPSEU offers a full range of services, including but not limited to: representation at grievance hearings at all. levels, membership benefits counseling and union education. ONTARIO SENIOR The Ontario Senior Officers Police Association represents Senior Officers and Civilian POLICE OFFICERS Managers employed by police services throughout the Province of Ontario. A senior ASSOCIATION Officer is a sworn police officer holding the rank of Inspector to Staff Superintendent (OSPOA) and a Civilian Manager is a person employed in a supervisory or confidential capacity. The OSOPA represents most Ontario Senior Officers, maintains a central repository of information for the benefit of all members and provides assistance to members involved in interest or rights, arbitration's and negotiations. The OSOPA also endeavors. on an ongoing basis, to improve the quality of policing through consultative and cooperative efforts with various government agencies and other related police associations while continuing to represent the interests of Senior Officers. POLICE ASSOCIATION Founded in 1933, the PAO represents Ontario's 19,000 front-line municipal police OF ONTARIO personnel. The PAO is the official voice and representative body for Ontario's front- (PAO) line police personnel, and provides representation, resource and support for Ontario's 94 municipal police associations. Our membership is comprised of approximately 14,000 police officers and 5,000 civilian members of municipal police forces. POLICING SERVICES The Policing Services Division of the Ministry is a key contact area for police services DIVISION boards, municipalities and their police forces. (PSD) Hoards may also have contact with the following branches or agencies of the Ministry: a) the Information Resources Division b) the Ontario Civilian Commission on Police Services c) the Ontario Police Arbitration Commission The mandate of the Division is to promote policing excellence. This responsibility is carried out through training, technical assistance; development of professional standards and new programs; and by providing an inspectorate, advisory and liaison service to Ontario's police community. 89