Towns of Bradford West Gwillimbury and Innisfil (Re), 1996 ONCPC 4003

ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

Citation: 1996 ONCPC 4003

IN THE MATTER OF an application of the Towns of Bradford West Gwillimbury and Innisfil for the amalgamation of their respective Police Services.

Presiding Members:

Karl R. Fuller, Member

Raymond J. Silenzi, Member

Appearances:

Chief John Harrison, Bradford West Gwillimbury Police Service

Chief Bruce J. Davis, Innisfil Police Service

Mayor Frank Jonkman, Town of Bradford West Gwillimbury

Mayor Stewart Fisher, Town of Innisfil

Constable Brian Miller, Innisfil Police Association

Mr. Paul Wright, Citizen

Hearing Date: Thursday, October 10, 1996

Background:

The Towns of Bradford West Gwillimbury and Innisfil are both situated in south

Simcoe County. Bradford West Gwillimbury has a population of approximately

18,000 based upon a 1994 census and Innisfil’s population is stated at 22,523. Both communities expect to experience modest population growth over the next few years.

The approved police budget for Bradford West Gwillimbury for the year 1996 is

$2,180,260. This supports a police strength of twenty-two sworn officers, nine full-time and two part-time civilian employees.

The Innisfil Police Service operates with a 1996 net approved budget of

$2,990,033. which supports a complement of thirty-one sworn officers and eleven civilian members.

The Police Services Boards of both police services have been advancing discussions on the possibility of merging their police services and have been developing draft proposals since 1995. Their efforts to amalgamate their services were influenced by a desire to improve services, and to “meet common goals by forming coalitions around specific projects and thereby eliminate the costly duplication of services”.

The Process:

The Police Services Boards of Bradford West Gwillimbury and Innisfil authorized the creation of a steering committee made up of the Chairs of both Boards, their respective Mayors and a Councillor, with the Chiefs of Police as advisors. The committee held a series of meetings some of which were public while others dealing with confidential matters such as salary structures were held in private.

The activities of the steering committee were supported by a number of sub- committees which dealt with finance, human resources, communications, Chief selection and public and media matters.

Throughout the proposal development process, assistance was provided by officials of both town’s municipalities as well as from the Police Support Programs Branch, Policing Services Division of the Ministry of the Solicitor General and Correctional Services.

Central to the Commission’s concerns when communities request amalgamation hearings is the extent to which the proposed structure and deployment of personnel will ensure adequate and effective police services to the residents of the respective communities. To this end, the proposal addresses in detail the extent of rearrangements that will be put in place. As well, the proposal identifies the possible advantages of amalgamation as follows:

1. Operating costs can be stabilized by increased efficiency made possible through a reduction or reassignment of personnel, a centralization of specialized units, and increased purchasing power for supplies and equipment.

2. Capital costs can be eliminated, reduced, and/or delayed through consolidation of current resources, more efficient use of present resources and reduced overall requirements of future capital needs.

3. Front line resources can be more effectively used to respond to specific community needs through the more efficient use of pooled assets.

4. Creation of specialized police units may become financially viable because of economies of scale.

5. Labour relations matters will require only one set of management resources.

6. The total number of senior managers will decrease.

7. There will exist a larger pool of resources to deal with major crisis.

8. More efficient use of technology, such as communications and computer systems, becomes more likely.

9. A single records/clerical function will result in increased efficiency, a definite advantage for front line staff.

10. The combination of experience and expertise will enhance service to the citizens.

11. The larger pool of physical assets, e.g. a larger fleet, will result in less down time.

12. Staff morale will be improved as a result of increased opportunities for advancement, availability of resources, potential for lateral movement, and more readily available backup.

13. There will be a reduction of costs by eliminating the duplication of technical services which require expensive equipment, such as identification services.

14. Federal/Provincial legislation (e.g. Freedom of Information Officer, Employment Equity, Professional Standards Personnel and the training required for these positions) will be handled centrally, thereby eliminating the need for duplication.

Through a series of information sessions, the citizens were invited to attend public meetings on June 5th, 10th, 11th and 13th to receive information and to have their concerns addressed.

The Proposal:

A most comprehensive proposal was developed by the committee. It advances the concept that:

“Community policing is the main philosophy by which we do business and that front line service delivery is our priority.”

The substance of the proposal embodies an explanation of critical issues that must be considered in arriving at a decision to amalgamate and are consistent with the requirements of the Police Services Act R.S.O. 1990, c. P.15.

The agreement deals with financing and cost sharing arrangements among the municipalities, arrived at through consultation with the Treasurers of both municipalities. The net policing budget of Innisfil for 1996 is $2,990,034. (58.8%) and for Bradford West Gwillimbury the figure is $2,094,893. (41.2%). These figures reflect the agreed cost sharing arrangements and are subject to future adjustments on the basis of negotiations among the towns. It has been agreed that the Town of Innisfil will provide financial management arrangements for the proposed South Simcoe Police Service. In any event, the amalgamation process, according to the proposal, will be achieved within the limits of the present approved budgets of both Police Services. However, a one time start-up cost of approximately $95,000. has been identified.

The proposed personnel complement of the combined service will remain at present levels. While a number of senior officers will have their ranks reduced, these adjustments have all been agreed upon and all sworn officers and civilian support will retain employment with the new police service.

There will, however, be operational re-structuring. The North Division (Innisfil) will be staffed by uniform, criminal investigation, identification and community services personnel.

The South Division (Bradford West Gwillimbury) will be staffed by personnel responsible for uniform patrol, communication and records, courts and community services.

The proposal submitted allows for the utilization of current command personnel within the new South Simcoe Police Service as follows:

One Chief

One Deputy Chief Two Superintendents One Inspector

The future desired structure would be: One Chief

One Deputy Chief

One Inspector

It is also proposed that all present Board members would continue to hold office until their respective appointments have ended. This structure would permit a seven member Board on January 1, 1997 with the ultimate reduction to a five member Board by attrition.

Community Response:

A series of public consultation dates were set and advertised. These consultations were designed to enable the committee to answer any questions posed by an interested individual and to receive further input concerning the amalgamation. The report identifies in excess of 30 questions posed by the Council and additional questions from the public. In addition, an opportunity was extended to the public to forward written questions to the Chiefs or Board Chairs and there appears to have been an honest effort to respond to concerns of the community. As we examine these questions, there does not appear to be any strong opposition to the concept of amalgamating, but rather, the concerns appear to be directed at cost factors and how the process may impact upon property taxes.

The Police Services Act:

Section 6 of the Police Services Act provides that two or more municipalities may enter into an arrangement to amalgamate their police forces. The formal means of such an amalgamation is an agreement or contract. Section 6(2) of the Act requires that such an agreement must deal with:

“(a) the establishment and composition of a board for the amalgamated police force;

(b) the amalgamation of the police forces and the appointment or transfer of their members;

(c) the amalgamated board’s use of assets and its responsibility for the liabilities associated with the police forces;

(d) the budgeting of the cost for the operation of the amalgamated police force; (e) any other matter that is necessary or advisable to effect the amalgamation.” Section 6(3) of the Act provides that an agreement does not take effect until the

Commission has approved the organization of the amalgamated police force.

The Act does not give the Commission any authority to make payments or issue grants to assist police services with amalgamation start-up costs.

The Decision:

The development of a comprehensive proposal by the parties involved, supported by resolution No. 21-031 of the Council of the Town of Bradford West Gwillimbury and by resolution CR 211-96 of the Council of the Town of Innisfil,

and supported as well by resolutions of the respective Police Services Boards, enabled the development of an agreement for the establishment of the South Simcoe Police Service to serve the needs of the both communities.

At the hearing before us, the Mayors of both communities made presentations. They supported the process and the resulting agreement, and asked that the Province pay the one time start-up cost of $95,000. The Police Associations were also represented. The President of the Innisfil Police Association, speaking on behalf of Bradford West Gwillimbury, also advised us that their Associations were given standing on the steering committee. He indicated that the Associations take no position in favour of or against the amalgamation of the forces. In expressing some concern relating to the satisfactory conclusion of involuntary transfer arrangements that are not part of structural changes, he expressed optimism that outstanding matters can be resolved.

In essence, we have not detected any negative community response to the proposal for amalgamating the two communities.

In our view this agreement is sound and well reasoned. We have, however, one concern. Article 2(a) of the proposed agreement states as follows:

“Upon the approval of this agreement by the Ontario Civilian Commission on Police Services an interim Board shall be created comprising the existing Bradford West Gwillimbury and Innisfil Police Services Boards.”

In the Commission’s decision on the application for amalgamating the Police Services of Port Elgin and Southampton dated November 1, 1994, the matter of interim boards was addressed and we wish to reiterate in its entirety the text of our comments on the matter.

“With greatest respect to the submissions ....., there is nothing in our view in the Act which would authorize this Commission to sanction or approve the creation of an “interim” board with decision making authority.

The appointment of members to Police Services Boards flows from the provisions of the Act. Such offices either arise from Order-in- Council appointment or by virtue of municipal office.

Section 6(4) of the Act provides that “appointments to a board for an amalgamated police force may be made before an agreement takes effect. This would certainly, suggest that members to an amalgamated Police Services Board could well be appointed in the ordinary course prior to an agreement taking effect. However, it is

doubtful that such a Board would have the authority to enter into binding agreements prior to an amalgamation taking effect.

Similarly, Section 33 of the Act permits Police Services Boards with the agreement of their local councils to constitute a joint board. Again, while a joint Board could be established, this would take time and it seems to us doubtful that such a Board could bind its successor.”

It would be our suggestion then, that the Police Services Boards of Bradford West Gwillimbury and Innisfil continue their well founded co-operative efforts in establishing the ground work for the new South Simcoe Board, and avoid the potential complications of an “interim” Board.

The agreement appears to adequately define the process for transfer of assets and liabilities, the rationale under which the cost of operation will be bourn by the respective communities, and adequately meets the standards established by the Act. As indicated earlier, the Commission does not have any authority to assist police services with amalgamation start-up costs.

We commend the level of co-operation exercised by all participants in the process. It is evident that the interest of the communities was the dominant objective which guided their deliberations and decisions.

Except for the concerns expressed here relating to the establishment of an “interim” Board, we find that the proposal and the agreement meets both the spirit and letter of the Police Services Act, and, pursuant to our authority under Section 6(4) of the Police Services Act, we approve the amalgamation of the Police Services of the Towns of Bradford West Gwillimbury and Innisfil as presented to the Commission at the hearing on Thursday, October 10, 1996.

DATED THIS 1ST DAY OF NOVEMBER, 1996.