ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
IN THE MATTER OF an application for consent to the abolishment of the Haldimand-Norfolk Regional Police Service
Presiding Members: Murray W. Chitra, Chair Bob Saracino, Member
Appearances: Woodward B. McKaig, Solicitor for the Haldimand-Norfolk Regional Police Services Board John Harrison, Chair, Regional Council William Hoskins, Chair, Haldimand-Norfolk Regional Police Services Board Warren Burger, Deputy Chief, Haldimand-Norfolk Regional Police Service Dennis Leigh, President, Haldimand-Norfolk Regional Police Association Gordon W. Little, President, Haldimand-Norfolk Regional Police Senior Officers Association Norm Denckert, Acting Inspector, Ontario Provincial Police Shelagh Morris, Police Services Adviser, Ministry of Solicitor General and Correctional Services
Hearing Date: August 25, 1998
This is an application by the Regional Municipality of Haldimand-Norfolk pursuant to section 40 of the Police Services Act, R.S.O. 1990, c. P.15 as amended (the “Act”) for consent to abolish the Haldimand-Norfolk Regional Police Service. This is for the purpose of having all policing in the Regional Municipality provided by the Ontario Provincial Police.
Background:
The Regional Municipality of Haldimand-Norfolk is located on the north shore of Lake Erie in the southern part of Ontario. It is a mixed urban and rural community of 2,876 square kilometres area with a population of approximately 98,000.
The region itself was created on April 1, 1974 by Bill 226. This legislation merged 28 local municipalities and two counties. Since that time municipal government in Haldimand-Norfolk has been provided at two levels. The lower tier is composed of six area municipalities. They consist of the towns of Dunnville, Haldimand, and Simcoe, the townships of Delhi and Norfolk and the city of Nanticoke. The upper tier is provided by a Regional Council (the “Council”).
Prior to proclamation of Bill 226 policing in the area was provided by nine police forces. Municipal police services existed in Dunnville, Hagersville, Caledonia, Port Dover, Waterford, Simcoe and Delhi. A county police service operated in Norfolk. The balance of the region’s villages, townships and hamlets were policed by the Ontario Provincial Police (the “OPP”).
Under the new regional structure policing became an upper tier responsibility. All existing municipal and county forces were consolidated into the Haldimand-Norfolk Regional Police Service (the “Service”) responsible to a Haldimand-Norfolk Regional Police Services Board (the “Board”). With some minor adjustments to old municipal policing boundaries the OPP continued to police their former portions of the new region. This joint policing arrangement remains to this day.
The current Service is composed of 81 uniformed officers (one chief, one deputy chief, one superintendent, one inspector, two staff sergeants, ten sergeants, and 65 constables), 25 auxiliary members, 28 full time civilians (8 dispatchers, 8 clerk typists, 2 transfer guards, 6 secretaries and administrative assistants, 2 coordinators and 2 managers), and 25 part time civilians (primarily matrons, guards, dispatchers and clerk typists). Of the latter group five are summer students.
Service headquarters is located in the town of Simcoe. Administration, dispatch, records, training and community relations sections are located in Townsend with divisional offices in Hagersville and Dunnville. As well, community sub-offices are located in Caledonia, Delhi, Port Dover and Waterford.
The Service provides policing services to approximately 43,000 of the area’s residents located mainly in urban centers.
The OPP provides policing to the balance of the region’s approximately 45,000 residents living in largely rural areas. Geographically, the OPP mandate encompasses over 98% of the region’s total area.
The total authorized OPP complement is 93 uniformed officers (two staff sergeants, eight sergeants and 83 constables), eight full time (clerical support) and five part time civilian employees (guards and matrons). They are split between detachments located in Cayuga and Simcoe. As well, a sub-office is located in Norfolk and several community policing offices throughout the region.
We are advised that OPP constables in the Haldimand-Norfolk area devote approximately 75% of their time to municipal policing concerns. This would translate into approximately 62 full time constable positions, one staff sergeant, 6 sergeants, six full time and four part time civilians.
In late 1996 an ad hoc sub committee of Council was established to examine possible alternative policing arrangements. It consisted of the Regional Chair and representatives from each of the six lower tier municipalities.
A series of meetings of the sub committee, Council and the Board took place in the first half of 1997 to discuss various aspects of the matter. This included a number of public information sessions. The result was a decision to solicit proposals for sole source policing for the region. Tenders were sought in June. Proposals were received from both the Service and OPP in July.
On September 18, 1997 Council voted to accept the OPP proposal. The total projected annual cost was $12,749,798. This decision was supported by a resolution of the Board on November 7, 1997.
On June 5, 1998 the Ontario Civilian Commission on Police Services (the “Commission”) was advised that the proposal was ready for review. This request was tabled at the regularly scheduled Commission meeting of June 9, 1998. It was agreed that a public meeting under section 40 of the Act would be convened to consider the proposal. It was subsequently scheduled for August 25, 1998 at the Jarvis Community Centre, James Street, Jarvis. Notice of this fact was published in a number of local newspapers.
The meeting took place as scheduled. A total of eight individuals either gave evidence, made presentations or offered submissions. As well, we received written material and other documents in support of the positions taken.
The Law:
Policing in Ontario is governed by the provisions of the Act.
Section 4(1) of the Act imposes upon municipalities the obligation to provide “adequate and effective police services in accordance with its needs”. This may be accomplished in a number of different ways. A municipality may establish and maintain its own police force, enter into a joint policing arrangement with another municipality, or contract for policing services from the OPP.
For a police service to be “adequate and effective” it must have the necessary staff, administration, equipment, infrastructure and facilities to perform certain functions. According to section 4(2) of the Act these include crime prevention, law enforcement, assistance to victims of crime, public order maintenance, and emergency response.
Once a municipal police force has been established, it can only be abolished for the purpose of putting in place one of the other policing options (i.e. OPP contract policing) after following the procedures set out in the Act. Specifically, section 40 provides that:
40(1) A board may terminate the employment of a member of the police force for the purpose of abolishing the police force … if the Commission consents and if the abolition … does not contravene this Act.
(2) The Commission shall consent to the termination of the employment of a member of a 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; or
b) the Commission has made an order under subsection (3).
(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 abolition of the police force … may order the board to submit the matter to arbitration and give any necessary direction in that connection.
If the Commission is of the view that these requirements have been met, then a municipality may enter into a contract with the Solicitor General under section 10 of the Act for policing to be provided by the OPP.
The Issues:
The nature of this scheme is self-evident. It is to ensure that no municipal police force is abolished unless arrangements are in place which will satisfactorily meet the policing needs of the community in question. Any new arrangement must provide for appropriate staff, equipment and facilities to ensure adequate and effective policing. As well, no member of a municipal police force is to be terminated without steps being taken to allow for proper severance.
Accordingly, the purpose of this proceeding is two-fold.
First, the Commission is to receive and review the proposal which has been accepted by Council and the Board. We are to consider any public comments and submissions.
Second, assuming we are satisfied that the proposal allows for “adequate and effective police services”, then our next obligation is to determine whether or not a member is to be terminated as a consequence of abolition. If this is the case, and the parties have reached an agreement with respect to severance or consent to have any outstanding matters referred to arbitration - then the matter ends there. If such agreement has not been reached then the Commission may order the parties to arbitration.
That being said, it is worth noting that given the wording of the Act there are a number of matters beyond the Commission’s purview. It is not our role to judge the relative merits of municipal versus OPP contract policing in a particular community or the potential of any proposal to save or increase policing costs. These are matters for Council and the Board to assess.
It is not our function to judge whether or not what is being proposed is superior to what may already be in place or some other alternative. Our focus is to determine whether the arrangements being proposed meet the requirements of the Act. Finally, it is not our function to determine what constitutes an appropriate severance arrangement. That is a matter for bargaining between the parties and, in the absence of agreement, for arbitration.
The Proposal:
The proposed policing arrangement was described to us in detail by Acting Inspector Norm Denckert. This can best be set out under the general headings of staffing, deployment, facilities, communications and equipment.
A) Staffing
Essentially, what is being advanced is an amalgamation of existing municipal and OPP local resources. In practice this would mean the integrated deployment of 160 uniformed officers, 17 full time and 25 part time civilian employees. As well, a local auxiliary program with 60 volunteers is planned.
Of the total constable complement, 117 officers would be dedicated exclusively to municipal policing concerns. A further 25 would be employed to deal with matters of a provincial nature. This would include the policing of provincial highways and parks, navigable waterways and First Nations territories. Similarly, 35 auxiliary members would be dedicated to municipal policing matters with the remaining 25 allocated to provincial concerns.
The combined 142 constables and 60 auxiliary members would be managed by an inspector with the assistance of 2 staff sergeants and 15 sergeants. It is calculated that 83% of the time of supervisory staff would be directed to municipal policing concerns with the balance falling to provincial matters.
The inspector would be accountable to the Board as required by the Act and the proposed contract.
The uniformed complement would be supported by 12 civilian clerks. Further, an assistant court manager and transport servicing manager would be employed. The movement and supervision of prisoners would be the responsibility of three full time civilian transfer guards and 25 part time guards and matrons.
In addition to these resources, the proposed Haldimand-Norfolk detachment would have access to personnel performing a range of specialized functions throughout the OPP’s Western District. This would include identification, training, provincial weapons unit, abuse coordination, K-9, intelligence, emergency response unit and tactical unit.
B) Deployment
It is proposed that the municipality be divided into three supervisory regions (west, central and east) consisting of 14 patrol zones. These include the 9 current OPP rural zones and 5 new urban zones. They would be:
West Region Zone 1: Middleton Zone 2: Houghton, South Walsingham, Port Rowan, Long Point Zone 3: Windham Zone 4: Delhi Zone 5: Charlotteville, Turkey Point
Central Region Zone 6: Simcoe Zone 7: Townsend, Woodhouse, Waterford Zone 8: Port Dover Zone 9: City of Nanticoke, Jarvis
East Region Zone 10: North Town of Haldimand, Hagersville Zone 11: Caledonia Zone 12: South Town of Haldimand Zone 13: Canborough, Moulton, Sherbrooke, Dunn Townships Zone 14: Town of Dunnville
A specific number of patrol officers would be dedicated to each zone. The number of officers assigned to the nine OPP zones would remain the same. Three of the new urban zones (6, 8, and 11) would see an increase from the current Service’s patrol complement. One would remain the same (14) and one see a slight overall reduction through consolidation (7).
The region would be patrolled 24 hours a day, 7 days a week, by officers working 12 hour shifts. Patrol officers would be organized into four platoons of eight members (1 sergeant and 7 constables) and 4 platoons of 18 members (2 sergeants and 16 constables) for a total front line municipal patrol strength of 92 constables and 12 sergeants.
It is proposed that the balance of the dedicated municipal complement be allocated to three specialized units. They include:
- court case management: 1 sergeant and 6 constables
- crime unit: 1 detective sergeant and 15 detective constables (this will be divided between Simcoe and Cayuga)
- community services: 1 sergeant and 4 constables
Two staff sergeants would perform general administrative duties.
C) Facilities
As noted earlier the OPP currently operates primarily from facilities located in Simcoe and Cayuga. The Service’s main facilities are in Simcoe, Townsend, Hagersville and Dunnville.
It is planned to continue this arrangement in the short term while renovations are made to the Ministry of Natural Resources building in Simcoe. This 21,500 square foot vacant building is located next to the provincial court complex.
It is proposed that this renovated facility serve as the policing administrative center for the municipality, operational headquarters for the western and central supervisory regions (covering zones 1 through 9) and home to certain OPP district services (identification, provincial weapons enforcement, training, intelligence and K-9).
The Natural Resources building is currently owned by the Province of Ontario and assigned to the OPP inventory. We have been provided with a detailed architectural plan setting out the proposed renovations. Tenders for the work are scheduled for this fall with construction to be completed in the new year. The anticipated cost is approximately $576,000.
The current Cayuga OPP detachment would be maintained as operations headquarters of the eastern supervisory region (covering zones 10 through 14).
Both facilities would be open to the general public from 8:30 a.m. to 4:30 p.m. Telephones connected directly to the communications centre will be located at each building so that patrolling officers can be contacted during evening hours.
To allow for a greater policing presence sub-offices will be maintained in both Dunnville and Caledonia. Community policing offices in Courtland, Jarvis, Port Rowan, Turkey Point, Moulton Township and Townsend will continue. As well similar offices are planned for Delhi, Hagersville, Langton, Port Dover, Waterford, Dunnville, Simcoe and Caledonia.
Secure holding cells for the region would be provided at the Simcoe provincial court complex (adjacent to the proposed administrative centre). As well, cells are available at the Cayuga detachment and Dunnville sub-office. In total 12 cells and 1 large bullpen would be available. All would be monitored by video cameras and supervised by civilian matrons and guards. Separate accommodation would be provided for male and female prisoners and young offenders.
D) Communications
Communications and dispatch services to the region would be provided 24 hours a day, 365 days a year. Citizens would be able to contact the police either by using 911 for emergencies or a general 1-888 access number for other matters. A public education campaign is planned to advise residents of this change.
It is proposed that all police dispatching for the region along with fire dispatch for the town of Simcoe, city of Nanticoke and township of Delhi be located at the OPP’s London communications centre.
The London centre currently provides communications coverage to 16 detachments and First Nations territories in Brant, Oxford, Elgin, Middlesex, Haldimand-Norfolk and the south half of Huron County.
The expanded operation would have 12 communications stations (6 dispatch, 4 call taking and 2 overflow) operated by 34 communicators. It is proposed that 6 of these communicators be civilian dispatchers presently employed by the Service. A sergeant would be on duty at the centre at all times.
Currently, the Haldimand-Norfolk region has three communication towers located at Simcoe, Fonthill and Ancaster with overlapping coverage. Any police vehicle in the region would be in the range of one of these towers. The towers provide simplex base stations and OPC common channel. Mobile radios can use either automatic or simplex channels. All tower sites and the London centre are equipped with backup systems to allow for uninterrupted power.
E) Equipment
Officers would be provided with the necessary uniforms, weapons, portable radios and personal equipment.
The proposed policing region would have a fleet of 45 vehicles, which would include:
- 26 patrol cars
- 13 unmarked cars
- 3 prisoner vans
- 3 community service vans
All front line policing vehicles would be new and provided with the appropriate equipment and mobile radios. Eight additional cars would be allocated to the 25 officers dedicated to provincial policing matters.
Two marine vessels would also be located in the region for the purpose of patrolling navigable waterways. As well, bicycles are available to continue community patrols in Turkey Point and Simcoe.
Currently, both the Service and Ontario Provincial Police participate in the Ontario Municipal and Provincial Police Automated Co-operative (OMPPAC). This is a common police computerized records management and reporting system. It is proposed that both uniformed and civilian staff continue to have access to both OMPPAC and the Canadian Police Information Centre (CPIC).
Decision:
Is the proposal likely to provide the Regional Municipality of Haldimand-Norfolk with “adequate and effective police services”?
The Act does not define what constitutes “adequate and effective police services”. However, some assistance can be found in certain provisions of the legislation and prior decisions of the Commission.
In particular, section 4(2) of the Act states:
4(2) Adequate and effective police services must include, at a minimum, all of the following police services:
- Crime prevention.
- Law enforcement.
- Assistance to victims of crime.
- Public order maintenance.
- Emergency response.
Section 4(3) sets out that a municipality must provide “all the infrastructure and administration necessary for providing such services, including vehicles, boats, equipment, communication devices, buildings and supplies”.
Commission decisions in various contexts have articulated different tests to assess or determine adequacy. At page 15 of Municipality of Chatham-Kent (14 August, 1998) we stated:
Broadly these tests have been comparative or alternative. The comparative tests may be applied historically or geographically. Where it is applied historically, the current or proposed staffing level is compared to that which the municipality has received in the past. If past staffing levels were considered adequate the proposed or current level is normally presumed to be adequate and effective.
Where the comparative test is applied geographically, the proposed or current staffing level is measured against those found in communities of similar size or needs. If the levels are considered adequate in those communities a similar level proposed is generally presumed to be adequate and effective. These presumptions are by definition rebuttable.
How does this test apply to the facts of this case?
At the present time the Regional Municipality of Haldimand-Norfolk is policed by two forces. Collectively, they dedicate approximately 150 uniformed officers, 34 full time and 29 part time civilian employees to municipal policing. It is proposed to integrate these resources into a new structure composed of 135 uniformed officers, 17 full time and 25 part time civilian employees. In addition, there would be 6 new full time civilian dispatch positions in London.
On the face of it, this would represent an overall reduction of the resources historically allocated to municipal policing in the region. This difference would appear to be largely attributable to two factors: a flattening of management structure and consolidation of support services.
Under the proposed structure there is no need for a chief, deputy chief or superintendent. As well, there is a reduction in the total number of sergeants. This would appear to account for a decrease of five uniformed positions. The remaining difference in the dedicated uniform complement would appear to be in the number of constables. Currently, the combined municipal constable complement is approximately 127. The proposed number of dedicated municipal constables is 117.
Under the proposed structure many of the support functions previously performed by constables of the Service would be undertaken by OPP district or headquarters staff. This would eliminate the need for 2 identification officers, 1 training officer, 2 K-9 officers and 1 stores officer for a total reduction of six uniformed positions.
The remaining difference in uniform complement (4 positions) would seem to be more than adequately offset by the availability of other district resources, the integration of 25 provincially dedicated constables into the detachment structure and the increase in municipal auxiliary strength (from 25 to 35).
At a patrol level, the structural change would seem to have little practical impact. As noted earlier, it is proposed that all current nine OPP patrol zones would continue to have the same number of patrol officers. Four of the five zones of the current Service would either see an increase in assigned patrol officers or remain the same. Only one zone would see a marginal decrease through consolidation.
We note that the proposed arrangement essentially continues the historical manner of deploying police officers in the region. This has proven to be effective in the past and should continue to serve well in the future.
The proposed arrangement would have 18 supervisory staff (1 inspector, 2 staff sergeants and 15 sergeants) for 134 full time uniformed and civilian employees. Even if you were to factor in the provincial constables this would represent 1 manager for every 7 to 10 full time employees. Either ratio would be an acceptable span of control. Town of Goderich (27 October, 1997, OCCPS, p. 9).
Overall, the proposed dedicated municipal policing complement would represent one uniformed officer for 726 citizens. This is similar to other large mainly rural communities in Ontario. For example, the Commission recently approved a new policing arrangement for Chatham-Kent. That community has 149 uniformed municipal police officers for a population of 110,000 (or one officer per 738 citizens).
The new arrangement will also represent a reduction in full time civilian staff of approximately 11 positions. This is understandable given the consolidation of dispatch and communications, records keeping, clerical, secretarial, and court security functions. The same would apply with the reduction in part time positions from 29 to 25. This is particularly so, given that 5 of these positions are for summer students.
Overall, given the above, we are satisfied the proposed level of staffing, deployment and supervision should allow for adequate and effective policing.
The next issue is facilities. As noted earlier the proposal calls for the amalgamated municipal policing staff to continue to occupy existing facilities until renovations are completed to the new administrative policing centre to be located in the former Ministry of Natural Resources building. After that date most former Service facilities would be closed.
However, the Cayuga detachment building along with sub-offices in Dunnville and Caledonia would continue. They would be complemented by a number of existing and planned community offices.
We have examined the proposed plan for the new administrative centre. It is impressive. As well, it seems appropriate that such a police facility be located near one of the region’s two main court complexes. We have also been provided with a copy of the proposed policing agreement between the Solicitor General and Council. It contains clear contractual commitments that the OPP will occupy the Ministry of Natural Resources building, sets out a cost sharing formula and provides estimated renovation costs. We are advised by Mr. Harrison that the region’s share of these costs have been appropriated and are part of the approved 1998 budget.
While it certainly would have been preferable for the renovation plan to be in place we do not believe that its absence is fatal to this application. Certainly, the existing facilities have served the region well in the past and no doubt can continue to do so in the short term. As well, we are satisfied that given the Ministry’s contractual commitments and the appropriated regional funding that the renovations will take place as promised.
Overall, based on the above we are satisfied the proposed facilities should allow for adequate and effective policing.
In Town of Goderich (15 April, 1996, OCCPS, pg. 8) the Commission stated:
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.
We heard evidence from Acting Inspector Denckert concerning the London communications centre. This included written details of its structure, operation, staffing, capacity and the corresponding communications infrastructure in the region. With the proposed increase in dispatching staff and the planned public notification campaign, we are satisfied that the suggested arrangement is workable, practical and will meet the needs of the community.
Finally, that leaves the issue of equipment. Again that proposal appears to be both well considered and acceptable. This is particularly the case given the purchase of all new patrol vehicles.
Overall, we are satisfied that the proposed policing arrangements will provide the necessary infrastructure and administration to meet the requirements of the Act and allow for adequate and effective policing in the Regional Municipality of Haldimand-Norfolk. We are supported in this conclusion by Deputy Chief Warren Burger of the Service and Shelagh Morris, Police Services Adviser of the Ministry.
This brings us to the issue of termination and severance. We are advised that all current uniformed members of the Service will be offered employment with the Ontario Provincial Police. To date 73 officers have indicated their intention to accept. As well, we are advised that 19 full time and 10 part time civilians will also be offered employment. Any auxiliary members in good standing will be permitted to transfer their voluntary services to the OPP.
We are also advised by Mr. McKaig that severance agreements have been concluded with the Haldimand-Norfolk Regional Police Association on behalf of all their remaining uniformed and civilian members (both full time and part time).
This only leaves the members of the Haldimand-Norfolk Senior Officers Association, the deputy chief and the chief. Mr. McKaig has provided us with signed agreements from all three to the effect that failing agreement, all parties consent to have any outstanding matters referred to arbitration. Accordingly, the requirements of the Act have been met.
Therefore, pursuant to section 40 of the Act, we consent to the abolition of the Haldimand-Norfolk Regional Police Service in order that policing can be provided by means of a contract with the Solicitor General for the services of the Ontario Provincial Police. This will be effective Tuesday, December 15, 1998.
Prior to that date we require that the Commission be provided with a full report detailing the status of the tender process for contracts for renovations to the proposed police administrative centre.
In conclusion, we would like to express our appreciation to Mr. McKaig for his excellent presentation and written materials.
DATED THIS 25TH DAY OF SEPTEMBER, 1998
Murray W. Chitra Chair, OCCPS
Bob Saracino Member, OCCPS