ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
IN THE MATTER OF an application by the Towns of Meaford and Thornbury for the amalgamation of their respective Police Services
Presiding Members: Murray W. Chitra, Chair Sam Cancilla, Member
Appearances: Brian Renken, Solicitor for the Police Services Boards and Town Councils of Meaford and Thornbury Chief John Ormesher, Thornbury Police Service Chief (Acting) Stephen Birchall, Meaford Police Service Chief (Retired) Dennis Freeborn, Meaford Police Service Sergeant Charles Watts, President, Thornbury Police Association Acting Sergeant Mike Styles, President, Meaford Police Association Dennis Player, Adviser, Policing Services Division, Ministry of Solicitor General and Correctional Services Cliff Carr, Committee of Citizens for Joint Policing Iris Shakell, Councillor, Town of Meaford Terry Spencer, Citizen Jim Uram, Chair, Thornbury Police Service Board Murray Jolley, Chair, Meaford Police Service Board
Hearing Date: September 25, 1997
Background:
The Towns of Thornbury and Meaford are two well established communities on the southern shores of Georgian Bay. They are located along Highway 26, separated by a distance of 13 kilometres. That area is presently policed by the Ontario Provincial Police. Currently, the population of Thornbury is 1,646 and that of Meaford is 4,330.
For a number of years both towns have operated separate police services. These services have maintained their own budgets, staff and operations under the direction of separate police services boards.
For the calendar year 1996 the authorized budget of the Thornbury Police Service was $299,288. This supported a complement of 3 full-time uniformed officers, 1 part-time officer, two auxiliary members and .5 civilian staff. Policing is provided 16 hours per day. For the remaining eight hours staff are on call. The per capita cost of policing for the citizens of Thornbury was $181.94.
For the same time period, the authorized budget of the Meaford Police Service was $692,704. This supported a uniformed complement of 8 full-time uniformed officers, 2 part-time officers and 1 civilian employee. Policing is provided 24 hours per day. The per capita cost of policing for Meaford was $159.97.
The Process:
Since 1994 the Police Services Boards of both Thornbury and Meaford have been actively considering alternative ways of providing police services to their communities.
Both Towns requested Ontario Provincial Police costings, but subsequently opted to preserve their local police services. On July 11, 1996 the Boards of the two communities met and decided to examine the feasibility of establishing a joint municipal police force.
This was motivated by a number of factors. These included a desire to retain local accountability, changing community expectations, increased costs, the growing need for specialized services and the desire to be able to meet anticipated updated provincial standards.
To this end a formal Steering Committee was established. It consisted of all members of both Boards, the respective Chiefs of Police and the Presidents of both local Police Associations.
A series of working groups were established to study specific aspects of shared policing. These included:
- Liabilities, Assets and Administration
- Contracts
- Operational Deployment and Human Resources
- Budget, Location, Name and Board Structure
The efforts of the Committee and working groups were assisted and supported by advisors from the Policing Services Division of the Ministry of the Solicitor General and Correctional Services and the administration offices of both municipalities.
In addition, practical advice and information was obtained and reviewed on the experiences of the recently amalgamated police services of Port Elgin/Southampton (1995) and South Simcoe (1997).
Apart from the benefit of possible cost savings, the Committee identified a number of advantages to amalgamation. These included:
- improved staff scheduling, coverage and flexibility in deployment of staff (i.e. vacations, injuries, illness, shift changes, court appearances and security, escorts both locally and for court purposes, special community events)
- enhanced training opportunities, officer protection, staff satisfaction and community knowledge and potential for promotion
- elimination of duplication of equipment, services and programs directed at meeting both provincial and federal requirements
- improved purchasing power
- enhanced supervision
A series of recommendations were developed by the Committee. Public meetings were held in Meaford on February 19, 1997 and Thornbury on February 26, 1997 to present the recommendations, receive input and respond to questions.
The Committee’s final report was tabled on March 26, 1997 and endorsed by the respective Town Councils and Police Services Boards. An amalgamation agreement was drafted and resolutions passed by the Town Council of Thornbury on June 16, 1997 and Meaford on June 23, 1997 authorizing its endorsement.
The Proposed Amalgamation:
The final report of the Committee sets out the key elements of the proposed amalgamation.
It is recommended that the Thornbury and Meaford police services combine to form one police service. The proposed complement of the new service would consist of the current staff of the existing forces. No layoffs are called for.
This would mean a police force composed of 11 full-time uniformed officers, 3 part-time officers, 2 auxiliary members and 1.5 civilian employees. It would represent a ratio of 1 officer to each 590 citizens. The proposed Chief of Police for the new service would be John Ormesher. He would supervise two sergeants who would in turn be responsible for platoons composed of four officers.
Police services would be provided 24 hours a day in both communities. Four suggested names for the new police force have been identified.
The amalgamated police service would operate from the newly renovated and equipped police station in Meaford. The existing police facility in Thornbury would be retained as a sub-office. Dispatching for the amalgamated service would continue to be provided by the Owen Sound Police Service. The telephone numbers of the services would remain the same until the introduction of 911 service early in the new year.
The Town of Meaford has agreed to provide the necessary administrative services for the amalgamated force. The cost of the proposed service would be shared on a 67.41% (Meaford) 32.59% (Thornbury) basis. The projected budget for the combined service would be between $960,000 to $995,000. The total figure would depend on transitional costs and matters such as finalized contract negotiations.
It is proposed that the new Service be governed by a joint police services board. It is suggested that until the date of amalgamation an interim board be constituted composed of the membership of the two existing boards. Following amalgamation a board composed of five members is recommended. This would be composed of one representative from each town council, one person jointly appointed by both municipal councils and two provincial appointees (one from each community).
A draft agreement between the new board and what would be the new police association has been prepared using parts from each existing agreement. Some disputed areas remain for further discussion.
All assets of both services would be transferred to the new joint board. Any surplus of assets would be used to reduce future costs. All present liabilities would continue to be the responsibility of the respective liability holder with all new liabilities being assumed by the new police service.
The amalgamation agreement itself would be subject to termination on two years written notice.
Community Response:
The community response to the proposed amalgamation has been generally positive. This is reflected in the comments made at the local community meeting held on February 19, 1997 in Meaford by the Committee and at our public meeting of September 24, 1997 where approximately 50 individuals attended.
The community meeting in Thornbury on February 26, 1997 was described to us as being emotional with a number of individuals expressing a desire to retain the current situation. This, however, appears to have been coupled with a recognition that amalgamation was the preferred means of preserving local control and meeting updated provincial standards.
At our meeting we received a brief from a community group called Citizens for Joint Policing expressing strong support for the proposal. As well, we were advised that the proposal for amalgamation was endorsed by the Beaver Creek Kinsmen Club, Thornbury Clarksburg Rotary Club, Thornbury Business Improvement Association and Thornbury Chamber of Commerce.
We heard support for the proposal from both town councils, police service boards, and chiefs of police (current, acting and retired). Presidents of both local police associations did not express objections to the amalgamation.
However, Acting Sergeant Mike Styles on behalf of the Meaford Police Association identified some concerns. One related to a desire to sign the proposed new working agreement prior to amalgamation. The second arose from uncertainty about the status of the service after the proposed municipal restructuring of the Town of Thornbury and Township of Collingwood. A question was also raised about the employment situation of existing members if the agreement was to be subsequently cancelled.
Finally we heard from one citizen who expressed concern about OPP dispatching from Mount Forest, the location of the police headquarters in Meaford, and the ability of the amalgamated service to respond in a timely fashion to rural medical emergencies.
Decision:
Section 4(1) of the Police Services Act, R.S.O. 1990, c. P.15 as amended (the “Act”) imposes on municipalities the obligation to provide “adequate and effective police services in accordance with its needs”.
This requirement can be met in a number of different ways under section 5. A municipality may establish its own police force, share services with another community, or enter into an agreement with the Ontario Provincial Police.
Section 6 of the Act provides that two or more municipalities that have police forces may enter into an arrangement to amalgamate them.
The formal means of such an amalgamation is an agreement or contract. According to section 6(2) of the Act, 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.”
In order to grant such approval, the Commission must be satisfied on two questions. The first is that the proposed amalgamation will allow for adequate and effective policing in the communities affected. The second, is that the proposed agreement deals with the essential elements set out in section 6(2).
We have had the opportunity, both during the course of our meeting and with our subsequent review of the material submitted, to consider the proposed amalgamations of the Thornbury and Meaford Police Services. In many respects this application has much in common to that which we considered in our decision in Towns of Port Elgin and Southampton (November 1, 1994).
Like that case, it is clear that the proposal before us is both well considered and founded. The process undertaken by both the Thornbury and Meaford Police Services Boards was thorough, comprehensive and cooperative. It took into account the key aspects of a possible amalgamation and reflects the fact that both communities have actively considered potential alternatives. The business plan itself is both well prepared and presented.
Both police services have in the recent past undergone focused inspections (Level II) by staff of the Policing Services Division of the Ministry of Solicitor General and Correctional Services. Recommendations were made and implemented. The current operations of both services are essentially sound.
That being said, it is self evident that there are significant advantages to the communities of Thornbury and Meaford in the proposed merger. These advantages not only relate to cost, but to the ability of both municipalities to provide a modern police service which meets the current and future needs of their citizens.
Of particular benefit is the introduction of 24 hour policing to Thornbury. As well, with amalgamation, both services will have the advantages of a modern, well equipped, up-to-date police facility with room for expansion.
While some concern was expressed about the ability of the amalgamated service to respond to calls in a timely fashion, we believe that what is being proposed should enhance the existing capacity in this regard. Overall, there is little doubt to us that the combined service as proposed should have the means to provide adequate, if not enhanced policing to both towns.
The question of whether or not the soon to be created new municipality which would include the Town of Thornbury will seek to expand the amalgamated services further or contract exclusively for OPP policing is not for this Commission to decide. Presumably, the new municipality will make the necessary decisions in due course once they have assessed the options available to them. Further hearings before the Commission may be required depending on the decision reached at some future time. In the meanwhile both towns must be policed. What is proposed will adequately meet that requirement.
Similarly, in our view the proposed amalgamation agreement itself is fundamentally sound. It clearly deals with the practical matters of amalgamation, including the appointment and transfer of members, assets and liabilities, and budgeting and the cost of operation.
As well, it deals with the amalgamation and composition of a joint board. As noted earlier, the agreement calls for the establishment of an interim board. In this regard we would repeat what we stated at page 8 of our decision in Towns of Port Elgin and Southampton:
“With the greatest of 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 of 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 amalgamation taking effect ...
As a practical matter, it would be our suggestion that the Police Services Boards of Port Elgin and Southampton continue their cooperative efforts and to the greatest extent possible undertake the necessary ground work for their successor Board. Thus for example, draft collective agreements could be presented to the newly appointed Southampton-Port Elgin Police Services Board on the date of amalgamation for formal approval.”
The same comments would apply in this case.
As well, we observe that any appointments to the new board must be in accordance with the provisions of the Act. The suggested five-member joint board and the suggested manner of their appointment conforms with the amended sections 33(5) and (6) of the Act which will become law with the proclamation of Bill 105. Prior to that time the existing manner of board appointment continues to apply.
With the exception noted above, we find that the proposed agreement meets both the spirit and letter of the Police Services Act. Therefore, pursuant to our authority under section 6(3) of the Act we approve the amalgamation of the Police Services of the Towns of Thornbury and Meaford.
This will be effective November 1, 1997.
DATED THIS 15th DAY OF OCTOBER, 1997.
Murray W. Chitra Chair, OCCPS