ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
Citation: 1997 ONCPC 4004
IN THE MATTER OF an application by the Towns of Hanover and Walkerton for the amalgamation of their respective Police Services
AND IN THE MATTER OF a proposed termination of civilian staff of the Walkerton Police Service
Presiding Members:
Murray W. Chitra, Chair
Sam Cancilia, Member
Appearances:
George C. Magwood, Counsel for the Walkerton and Hanover Police Services
Burrell Gailing, Chief, Walkerton Police Service
Robert Major, Chief, Hanover Police Service
Dennis Player, Advisor, Policing Services Division, Ministry of the Solicitor
General and Correctional Services Bob White, Mayor, Town of Hanover James Bolden, Mayor, Town of Walkerton
Don Carroll, Chair, Walkerton Police Services Board
Barbara Burke, Acting Chair, Hanover Police Services Board
Ron Shaidle, President, Walkerton Police Association John Custode, President, Hanover Police Association Wendy Surridge, Hanover Senior Officers Association
Sherry Anstett, Secretary, Amalgamation Steering Committee
Rob McInnis, Co-Chair, Amalgamation Steering Committee
Keith Mayhew, Co-Chair, Amalgamation Steering Committee
Phillip Schuessler, Hanover Constable speaking as a private citizen
Peter Mason, Sergeant, Goderich Police Service
Hearing Date: November 25, 1997
Background
The towns of Hanover and Walkerton are municipal corporations created under the provisions of the, Municipal Act, R.S.O. 1990, c. M. 45 as amended. Under Section 40, of the Police Services Act, R.S.O. 1990, c. P.15 as amended (the
"Act"), they are required to provide adequate and effective police services in accordance with the needs of their respective municipalities.
Both towns are long established communities. Walkerton with a population of
4,735 persons is the county seat for Bruce County. Hanover with a slightly larger population of 6,71 1 is located at the south end of Grey County adjacent to the boundary of Bruce County. Both municipalities offer recreation and services to a large rural population.
Both towns are situated on Highway 4 approximately eleven kilometres apart. The area between the two communities is policed by the Ontario Provincial Police. Both towns operate their own police service. These services maintain their own budgets, staff and operate under the direction of separate police services boards.
The 1997 Hanover Police Service budget is $1,123,738.00. This includes revenue of $213,472.00 largely from the sale of dispatch services. The budget supports ten full-time uniformed officers, one part-time uniformed officer, seven full-time civilian employees, and four police auxiliary members. The per capita cost of policing for the citizens of Hanover is $135.63.
The 1997 Walkerton Police Services budget is $888,060.00 less revenues of
$142,502. Total staff include eight full-time uniformed officers, an executive secretary, one full-time civilian dispatcher, five part-time and two @relief civilian dispatchers and two auxiliary members. The per capita cost of policing for Walkerton is $157.63.
Both communities provide 24 hour policing from centrally located police buildings which are owned by their municipalities.
The Process
As early as 1995, informal discussions had taken place between Chief Robert Major of the Hanover Police Service and Chief Burrell Gailing of the Walkerton Police Service about the operational and financial advantages of rationalizing policing in their communities. On January 23, 1997 town councils of both Walkerton and Hanover agreed to form a steering committee to research, examine, and report back to their respective municipalities on the possibility of a police amalgamation.
The amalgamation steering committee was comprised of both Chiefs of Police, the Chairs of each Police Services Board, the two Chief Executive Officers of both towns, a representative from each of the Police Associations and an interim Secretary. In addition, the committee was supported by Advisors from Policing Services Division of the Ministry of the Solicitor General and Correctional Services.
The Committee created a work plan, set timelines and structured its process by examining successful amalgamation proceedings in Port Elgin/Southampton (1995), lnnisfil/Bradford West Gwillimbury (1997), and Thornbury/Meaford (1997).
Specifically, it created five sub-committees to address a number of issues. These included: board structure, human resources, location of office, budget, cost sharing, operational deployment, communications, service name, contracts, assets and liabilities.
The Proposed Amalgamation
The committee tabled its final report in September. It identified a number of substantial benefits from an amalgamation of the two police services. These included:
increased efficiency, purchasing power
possibility of reduction or reassignment of personnel
pooling assets to reduce capital costs
more opportunity to create affordable specialized police units
only one set of management resources will be required for labour relations
reduction in police services board members from ten to five
more emergency resources
more efficient use of shared technology, communications and computer systems, records and clerical functions
increased staff morale with better resources, more available back-up
reduction of costly duplication of technical services and equipment
changes to Federal/Provincial legislation requiring Professional Standards personnel with specialized training could be handled centrally
investigations common to both areas would be combined
police coverage during shift change, court attendance and lunch breaks would be less problematic
better scheduling flexibility with overtime cost savings
more efficient use of court personnel, including prisoner escorts
standardization of occurrence reporting, improved analysis of crime patterns, coordinated approach to criminal investigation and crime prevention methods
complex technical training could be improved with a centralized approach
It was recommended that Walkerton and Hanover combine to form one police service.
The following recommendations were presented:
a) A new police services board be created consisting of two persons who are members of the councils of the participating municipalities, one person
selected by the two municipalities who is neither a council member or municipal employee, and two members appointed by the Lieutenant Governor in Council.
b) All current uniformed officers of both forces would be members of the new service. Chief Gailing would become the new Chief and Chief Robert Major the new Deputy Chief. This will provide the new police service with eighteen full-time, and one part-time uniformed officer, one full-time special constable, eight full-time civilian employees, two part-time civilian employees and six auxiliary members.
c) The Committee also noted that the amalgamation of the two forces would result in the need for only one dispatch service. As a result, five part-time civilians and two relief employees of the Walkerton Police Service who have been performing dispatch functions would no longer be required. However, one full-time job would be offered to the 5 employees in question. This position would be shared by two employees who would be selected by way of competition.
d) Both police buildings would continue to be used by the new police service.
One would be know as "East Division" and the other as "West Division". Both buildings would continue to be owned by their respective municipalities.
e) The amalgamated service would acquire all inventoried assets of the Walkerton and Hanover Police Services. There will be no transfer of liabilities. All liabilities incurred by the former Police Services prior to the date of amalgamation would remain the responsibility of the respective municipalities. As well, recommendations were made concerning the transfer, use of, and disposal of assets in the event the amalgamation agreement was terminated. One year's notice would be required for such termination.
f) The proposed 1 998 budget for the amalgamated service is $1,950,31 0 less anticipated revenues of $254,993. Walkerton would assume 46.6% of the cost and Hanover 53% ($786,627 and $908,690 respectively). There was a projected one time amalgamation cost of $60,000.
g) Police services would continue to be provided to each community on a 24 hour basis. The Hanover office (East Division) would be staffed and opened
24 hours per day. The Walkerton office would be closed to the public at 5:00 p.m. daily, although a direct telephone line would be available at the Walkerton office for after hours calls for service. Records and report management would be centralized in the West Division office, while the CPIC entry system and management resources would be located at East Division. Both Divisions would service OMPPAC reports.
h) The proposed date for amalgamation is January 1, 1998. The recommended name for the new police service is the "South Bruce Grey Police Service".
The town of Walkerton would provide the necessary financial and administrative support for the combined service. Any unresolved disputes under the agreement would be referred to either the Ontario Municipal Board or the Ontario Civilian Commission of Police Services, depending on their nature.
The community response to the amalgamation appears to be positive. Local newspaper coverage and editorial comment seems to support and favour the amalgamation. A public meeting advertised and held on October 16, 1997 attracted three members of the public. As well, on October 6, 1997 a total of 16 of the 18 members of both town councils voted to accept the proposal. In addition, members of both police services boards supported the recommendations. The vote of the Walkerton Police Services Board held on September 25, 1997 was unanimous. A similar motion was carried by the Hanover Police Services Board on September 30, 1997 without recorded vote.
Certified true copies of all resolutions by the respective municipalities were filed with the Commission on October 14, 1997 with a request that proceedings be initiated under sections 6 and 40 of the Act.
The Law
Section 6 of the Police Services Act provides that two or more municipalities may enter into an agreement to amalgamate their police forces.
The formal mechanism for 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, subject to section 33, the composition of a joint board for the amalgamated police force;
b) the amalgamation of the police forces and the appointment or transfer of their members;
c) the joint board's use of assets and its responsibility fc;r 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 Police Services Act provides that an agreement "does not take effect until the Commission has approved the organization of the amalgamated police force".
To grant 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).
As noted earlier, it is the responsibility of municipalities to provide adequate and effective policing to their communities. This can be accomplished in a number of ways, including the establishment of a local police service. Once employees have been retained by a local police service, they may only be terminated in accordance with section 40 of the Act.
The relevant parts state:
40(l) A board may terminate the employment of a member of the police force for the purpose of ... reducing its size if the Commission consents and if the ... reduction does not contravene this Act.
(2) The Commission shall consent to the termination of the employment of a member of the police force under subsection (1) only if,
(a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration
(3) If the member and the board do not make an agreement dealing with severance pay and do not agree to submit the matter to arbitration, the Commission, if it is of the opinion that it would be appropriate to permit the ... reduction ... may order the member and the board to submit the matter to arbitration and may give any necessary directions in that connection.
Essentially, this requires that before a board may terminate the employment of any uniformed or civilian employee for the purpose of reducing the size of a service, it must obtain the approval of the Commission.
In order to grant such approval, the Commission must be satisfied that the proposed reduction does not impair "adequate and effective" policing to the community. As well, the Commission must determine whether or not an agreement is in place to provide either for the severance of any affected members or to refer any unresolved issues to arbitration. If such agreement has not been reached, the Commission may order the parties to arbitration and provide the necessary direction.
Decision
We find this application has much in common with recent amalgamations approved by this Commission in the communities of Thornbury and Meaford and lnnisfil and Bradford West Gwillimbury. Like those cases, the proposal before us is well organized and veritable. The "step-by-step process" taken by the amalgamation steering committee is commendable. All essential facets of the proposed union were reviewed and dealt with thoroughly.
Both police services have a history of fine service to their respective communities. As evident at our public meeting of November 25, 1997, there is a strong sense of community pride in their accomplishments. However, as both Mayors noted, "their amalgamation would produce an even better service".
There were many significant benefits identified in an amalgamation. It offers opportunities for economies and improved service. The public and public safety should benefit from such a structure, over the long term. With the retention of all current uniformed staff, front-line service to the public would continue at its current level. However, a consolidation of functions should allow for more officers "on the street" as they are freed up from the duplication of certain duties.
The proposed East/West Divisions with Team and Zone Policing seems practical. Locating administration in the West Division ensures a strong presence in Walkerton. As well, it makes sense that court related functions be attended to in the West Division as it is the location of the Court House. Placing dispatch and communication services in the East Division is a practical idea given that there is room to expand.
Policing services would continue to be offered in both communities on a 24 hour basis, even though the West Division office would not be open to the public in the evening. However, the proposal calls for public notice to advise citizens that the Walkerton police office will not be open after 5 p.m. An accessible direct telephone line to the Hanover Division will be installed for any after hours inquiries.
The asset inventory as presented indicates satisfactory resources are available to operate the new service. As well, the proposed budget appears sufficient to maintain the current adequacy standard although there may be a reduction in revenues depending on the status of contracted dispatch services to nearby municipalities. We note the one time start up costs have been included in the proposed budget (Police Capital Reserve Account).
The personnel, with the exception of some part-time dispatchers, are left undisturbed. The new Chief and Deputy Chief positions were agreed to by Chief Major and Chief Gailing. Current personnel contracts in place expire December
31, 1997, and negotiations have been largely concluded for new amalgamated collective agreements.
Both municipalities in the past have shown they have the skills and ability to plan, manage, finance and operate a satisfactory police service for their residents. They have a well documented, practical plan, considerate of both the public they serve and their personnel.
At our public meeting, we received no indication of significant public concern with the proposal. One Hanover officer, speaking as a private citizen, remarked that the best policing was "neighbourhood policing" and it was best provided by a small police service. Mayors of both municipalities spoke of their support as did the Chairs of both Police Services Boards.
Both current Police Chiefs stated their support for the plan and members of the amalgamation committee remarked on the co-operation extended to the committee by persons from both communities. Other speakers referred to the excellent cooperation between the two municipalities and their committee representative.
Representatives of all of the Police Associations present stated their support for the project but remarked that it was unfortunate some part-time dispatchers would be terminated. Mr. Dennis Player, Police Services Advisor for the Ministry of the Solicitor General and Correctional Services stated his support for the proposal. His opinion is based on a long involvement with both services.
Overall, in our view, the proposed agreement meets the requirement of section
6(2) of the Act and should allow for "adequate and effective" policing in both the towns of Walkerton and Hanover.
This then brings us to the question of the proposed termination of the part-time and relief dispatchers. As has been noted in a number of previous Commission decisions, it is self evident that a proper communications and dispatch system is a key element of "adequate and effective policing". Citizens of a community must be able to readily contact their local police force in cases of emergency. The police force must have an effective means to respond to such calls for service.
Both police services currently operate their own dispatch and communications service. To ensure an effective amalgamated service it is clear that they must be consolidated. That being the case, and given the projected loss of "contract" dispatching for other communities it is evident that not all the existing part time civilian dispatch staff are required. The proposed plan to consolidate the function and centralize it in the Eastern Division is sensible. The process for determining which of the part-time dispatchers will share a full-time position seems fair. Based upon the information provided, we are satisfied that there will be sufficient accommodation, staff, expertise and the necessary equipment to operate an "adequate and effective" communications service from the Hanover police office for both communities.
Citizens in Hanover will be able to contact the proposed service using their existing number. 911 service will continue to handle all emergency calls in Hanover. Citizens in Walkerton will be able to contact the new service using their existing number. We are advised that 911 service in Walkerton will be operational in the spring.
Further we have be advised that the Walkerton Police Services Board and Walkerton Police Association have reached an agreement with respect to the severance entitlement of the individuals in question. Accordingly, the requirements of Act have been met.
Accordingly, pursuant to our authority under section 6(3) of the Police Services Act we approve the amalgamation of the police services of the towns of Walkerton and Hanover effective January 1, 1998.
As well, pursuant to section 40 of the Police Services Act we consent to the termination of the civilian employees in question for the purpose of reducing the size of the amalgamated service.
The citizens of Walkerton and Hanover are to be congratulated on their effort and excellent proposal. We also wish to express our appreciation to Mr. Magwood for his helpful presentation.
DATED THIS 18TH DAY OF DECEMBER, 1997.
Murray W. Chitra Sam Cancilia
Chair, OCCPS Member, OCCPS