ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

Citation: 1998 ONCPC 4006

IN THE MATTER OF an application for consent to the amalgamation of the police services of the City of Woodstock and the Villages of Norwich and Tavistock and their expansion into the Townships of Blandford-Blenheim, East Zorra-Tavistock, and Norwich

Presiding Members:

Murray W. Chitra, Chair Charles B. Rycroft, Member Michele J. Shephard, Member

Appearances:

Phil Poole, Deputy Mayor, City of Woodstock Mark Harrison, Mayor, Township of Norwich and Warden, County of Oxford Dave Oliphant, Mayor, Township of East Zorra-Tavistock Joe Opthof, Chief, Woodstock Police Service Alex Balazs, Chief, Tavistock Police Service Ron Fraser, Deputy Chief, Woodstock Police Service Don Woolcott, Mayor, Township of Blandford-Blenheim Keith Reibling, Clerk Administrator, Township of Blandford-Blenheim Patrice Hilderley, Director of Administrative Services, City of Woodstock Sandra Talbot, Chair, Woodstock Police Services Board Larry Hill, Chair, Township of Norwich Police Services Board Stephen Cahill, Chair, East Zorra-Tavistock Police Services Board Shelagh Morris, Policing Services Adviser, Ministry of Solicitor General and Correctional Services Martin Doane, Counsel, Woodstock Police Association, Woodstock Senior Officers Association, Township of Norwich Police Association and Township of Norwich Senior Officers Association Steven M. Boorne, Counsel for Chief Alex Balazs Rick Kent, Citizen Laura Szabo, Citizen Chris Kreuger, Citizen Bruce Burrill, Citizen Doug Scott, Citizen Dorthy Scott, Citizen Jonathan Scott, Citizen Barry Smith, Citizen Betty Slugoski, Citizen Norman Chaplin, Citizen Judy Chaplin, Citizen Elinor Kesteloot, Citizen Leslie Hanenburg, Citizen Larry Poifnet, Citizen Bonnie McElhone, Citizen Coleen Zacharski, Citizen

Written Submissions:

Jeff Weber, Citizen Chris Yungblut, Citizen Luanne Taylor, Citizen Randall Taylor, Citizen Dr. John D. Thomson, Citizen Lila M. Freeland, Citizen Jack Walther, Citizen Roger Deweerd, Citizen Helen Deweerd, Citizen Joyce A. Pearson, Citizen Ted Killing, Citizen Robert Chrysler, Citizen Mary Ann Chrysler, Citizen Rick Culbert, Citizen, Chair, COPS Committee Brian Ring, Citizen Brenda McCurdy, Citizen Bertha McCurdy, Citizen Vera Schermerhorn, Citizen Jerry Van Boekel, Citizen Thea Van Boekel, Citizen Ross McMullen, Citizen Bill McMullen, Citizen Lurene McMullen, Citizen Nancy MacKenzie, Citizen Mel Smith, Citizen Douglas Osmond, Citizen Donalda Osmond, Citizen Joe Coles, Citizen Betty Ford, Citizen Ann Davis, Citizen Jim Davis, Citizen Audrey Boyd, Citizen Charles Dew, Citizen James Rounds, Citizen Jean Rounds, Citizen Carl Burgess, Citizen Marilyn Rowe, Citizen Charles Riddell, Citizen James Zehr, Citizen Bill Burkard, Citizen Lorna Burkard, Citizen Sue Kent, Citizen Charmaine Dykstra, Citizen Charlene Lafrance, Citizen Ashley McMullen, Citizen John Tizzard, Citizen Sharron Tizzard, Citizen

Hearing Date: November 3, 1998

This is an application by the City of Woodstock and the Townships of Blandford-Blenheim, East Zorra-Tavistock and Norwich pursuant to section 6 of the Police Services Act, R.S.O. 1990, c. P.15 as amended (the "Act") for consent to amalgamate the police services of Woodstock, Norwich and Tavistock. This is for the purpose of having all policing in the respective communities and area municipalities provided by a new police force to be know as the Oxford Community Police Service.

General Background:

The history giving rise to this application is complex.

Oxford County is located in southern Ontario. It is bisected by Highway 401 as it runs between the cities of London and Cambridge. According to the most recent survey the population of the County is 97,142. The area is a mixture of urban and rural communities.

Municipal government in Oxford County is provided at two levels. The upper tier is governed by a County Council. The lower tier consists of eight area municipalities. These include the City of Woodstock, Town of Ingersoll, Town of Tillsonburg and the Townships of Blandford-Blenheim, East Zorra-Tavistock, Norwich, South West Oxford and Zorra. The Townships in turn contain a number of villages.

Policing in Oxford County is currently provided by six police forces. They are the Woodstock Police Service, Ingersoll Police Service, Township of Norwich Police Service, Tavistock Police Service, Tillsonburg Police Service and Ontario Provincial Police (the "OPP"). Roughly speaking, the five municipal forces police the larger urban centres and the OPP police the rural Townships. The overall police to population ratio is 1:763.

Police restructuring has been the subject of debate for a number of years. Most recently, in 1996 Oxford County Council established a committee to examine various policing options. These included maintaining the status quo, establishing a county wide municipal service or contracting with the OPP. Consensus could not be reached and individual area municipalities were left to deal with the matter.

There were two initiatives. First, County Council requested an OPP costing for all of the region except for the City of Woodstock and the Towns of Ingersoll and Tillsonburg. The proposal was tabled in December of 1997. Essentially, it presented four options for policing the five municipalities on either a County or Township model. The proposals called for between 32 and 40 dedicated uniformed staff and the sharing of certain specialized, administrative and supervisory personnel.

At the same time that the OPP costing was being prepared, a number of the municipalities in the eastern half of the County decided to consider the possibility of an expanded municipal service. It is the result of this second initiative which is the subject of this proceeding.

The Process:

In June of 1997 representatives from the City of Woodstock and the Townships of East Zorra-Tavistock, Norwich and Blandford-Blenheim met to consider the formation of a joint municipal police service. As a result of this discussion a committee composed of two representatives from each municipality was formed. It was called the Police Amalgamation Committee.

The Committee was supported by representatives from the three local municipal police services, their respective police services boards and an Adviser from the Policing Services Division of the Ministry of the Solicitor General and Correctional Services.

At its early meetings it reviewed the experiences of a number of communities in Ontario which had recently amalgamated municipal police forces. Crime statistics, staff complement, budget and levels of service were examined and a draft proposal was prepared.

After several meetings and a number of revisions the proposal was presented to Woodstock City Council, East Zorra-Tavistock Council, Blandford-Blenheim Council and Norwich Council at a series of in camera meetings in January of 1998. On February 5, 1998 a resolution was passed by the Norwich Township Police Services Board adopting the proposal. On February 9, 1998 a similar resolution was passed by the Woodstock Police Services Board.

On February 26, 1998 Council of the Township of Norwich passed a resolution accepting the proposal and indicating a willingness to negotiate an agreement for joint municipal policing. Similar resolutions were passed by Blandford-Blenheim Council on March 4, 1998 and Woodstock City Council on March 5, 1998.

On March 11, 1998 East Zorra-Tavistock Council held a public meeting. Members of the Police Amalgamation Committee were present to describe the proposal. As well, a representative from the OPP answered questions about their costing. The meeting was attended by over 140 people.

On March 12, 1998 the East Zorra-Tavistock Police Services Board passed a resolution supporting the municipal amalgamation proposal. On March 18, 1998 East Zorra-Tavistock Council passed a resolution accepting the proposal and indicating a willingness to negotiate the necessary agreement.

On March 23, 1998 the Police Amalgamation Committee disbanded. On April 7, 1998 a Police Amalgamation Steering Committee was created. This new Committee assumed responsibility for setting dates and time lines, establishing a name for the new service and matters relating to the creation of a new police services board.

As well, a number of subcommittees were established. They were:

Finance
Human Resources
Communications and Technical Services
Operations
Media Relations

Various individuals from the three services, local Police Associations, respective boards, councils and municipal staff were assigned to these groups.

The mandates of the subcommittees were set. Finance was responsible for budget, start up and transition costs, cost sharing, the development of an agreement between the municipalities, determining assets and liabilities, setting up financial administration and applying for funding.

Human Resources was tasked with developing an organizational chart, establishing new positions and job descriptions, designing plans for the transfer of current municipal and OPP staff, hiring new officers and creating a blended collective agreement.

Communications and Technical Services was responsible for establishing proper radio communications, obtaining the necessary licenses and frequencies, ensuring the acquisition of the necessary telephone equipment, planning for the transition of records, design of a new records system and ensuring access to both OMPPAC and CPIC.

Operations was assigned the task of creating patrol zones, ensuring proper facilities, determining deployment, designing school programs and ensuring proper uniforms, crests and shoulder flashes were in place.

A series of public meetings were scheduled to present the proposal, answer questions and obtain further comments. These took place in Blandford-Blenheim on April 27, 28 and 29, 1998; East Zorra-Tavistock on May 4 and 11, 1998; Norwich on May 6, and 12, 1998; and Woodstock on May 13, 1998.

Attendance at the meetings ranged from 55 participants to 150. The largest turnouts were in Innerkip and Norwich where discussion was heated and at times acrimonious. The proposal was also the subject of a number of protests and petitions supporting the status quo.

The subcommittees continued with their various tasks. A draft amalgamation agreement was prepared and sent to the four municipal councils in late July. In the same month resolutions were passed by the Woodstock Police Association, Woodstock Senior Officers' Association, Tavistock Police Association and Township of Norwich Police Association supporting the proposed amalgamation and agreeing to work towards its implementation.

On August 5, 1998 the East Zorra-Tavistock Council passed a resolution authorizing the Mayor and Chief Administrative Officer to sign the proposed agreement. This approval was conditional upon the approval of the three other municipal parties, the consent of the Ontario Civilian Commission on Police Services (the "Commission") and the Solicitor General. Similar resolutions were passed by Blandford-Blenheim Council the same day, Norwich Council on August 10, 1998 and Woodstock City Council on August 13, 1998.

These resolutions along with a copy of the proposed agreement were forwarded to the Commission. They were tabled at the Commission's regularly scheduled monthly session. It was agreed that a public meeting under section 6 of the Act would be convened to consider the proposal. This was subsequently scheduled for November 3, 1998 at the Market Square Theatre in Woodstock. Notice was published in several local newspapers.

The meeting took place as scheduled. A total of 31 individuals appeared to present the proposal, make submissions or offer comment. As well, forty-seven persons who were not able to attend made submissions in writing.

The Law:

Policing in Ontario is governed by the provisions of the Act.

Section 4(1) imposes on municipalities the obligation to provide "adequate and effective police services in accordance with its needs". Section 4(5) provides that this responsibility rests with area municipalities in the County of Oxford.

Section 4(6) permits Oxford County Council and its area municipalities to adopt County wide policing. However, as noted earlier, this option is not under consideration.

The obligation to provide "adequate and effective police services" can be met 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 with 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.

Where two or more municipalities with existing police forces wish to amalgamate those services, section 6 applies. It states:

6(1) Despite any other Act, the councils of two or more municipalities that have police forces may enter into an agreement to amalgamate them.

(2) The agreement shall 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 force and the appointment or transfer of their members;

(c) the joint board's use of the 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.

(3) The agreement does not take effect until the Commission has approved the organization of the amalgamated police force.

(4) Appointments to a joint board for an amalgamated police force may be made before an agreement takes effect.

Further, section 40 of the Act provides that if any reduction in the membership of a police service is proposed the consent of the Commission is required.

The Issues:

The nature of the legislative scheme is self-evident. It is to ensure that existing police services are not amalgamated unless the proposed arrangement can satisfactorily meet the policing needs of the communities in question.

Any proposed amalgamation must provide for appropriate organization, staff, equipment, and facilities to ensure adequate and effective policing. An acceptable agreement must be in place to deal with key issues such as civilian governance (i.e., the composition of a joint board), the transfer of staff, assets, liabilities, budget and any other necessary matter. Further, if the proposal calls for the termination of existing members of any service, necessary arrangements must be in place for proper severance.

Accordingly, the purpose of this proceeding is three fold.

First, the Commission is to receive and review the proposal which has been approved by the various councils and police services boards. We are to consider any public comments and submissions.

Second, assuming we are satisfied that the proposal allows for "adequate and effective police services" in all of the concerned communities then we must examine the agreement to determine whether or not it contains all of the necessary elements required by section 6(2).

Third, if any member of an existing municipal service is to be terminated as a result of the proposed agreement, we must determine whether or not any arrangements have been made with respect to severance or whether there is consent to refer any unresolved matters to arbitration. If such an 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 policing in a particular community or the potential of any proposal to save or increase policing costs. These are matters for municipal councils to assess.

It is not our function to judge whether or not what is being proposed is superior to what is already in place or some other alternative. Our focus is to determine whether the specific arrangement being proposed meets the requirements of the Act.

It is not our role to assess the fairness of the process adopted by municipal councils and boards in reaching their decision. We are however, concerned to ensure that any proposal does receive public input. That is not for the purpose of assessing the relative popularity of any choice, but rather to ensure that community concerns about service adequacy are taken into account.

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 Current Policing Arrangement:

The City of Woodstock and the Townships of East Zorra-Tavistock, Blandford-Blenheim, and Norwich occupy 1059 square kilometers. The population is approximately 57,500 residents. Policing in this area is currently provided by four police services.

The Woodstock Police Service has been in existence in various forms since 1865. It currently consists of 46 officers, 15 full time and 6 part-time civilian employees and 2 auxiliaries. It provides the City with 24 hour police coverage. The City is divided into three vehicle and one beat patrol zones. The ratio of officers to citizens is 1:729. The 1997 annual budget was $4,197,760. The per capita policing cost was $130.

The Tavistock Police Service has been in existence since 1911. It consists of three officers, one part-time civilian employee and three auxiliaries. It provides the Village of Tavistock with less than 24 hour policing. Officers are on duty for 16 hours Monday to Thursday and Saturday, 19 hours on Friday and 8 hours on Sunday. The ratio of officers to citizens is 1:729. The 1997 annual budget was $293,495. The per capita policing cost was $136.

The Village of Norwich has had a police service since 1876. The present Township of Norwich Police Service consists of four full time and one part-time officer and one auxiliary. It provides the Village with less than 24 hour policing. Officers are on duty for 20 hours Sunday to Thursday and 22 hours on Friday and Saturday. The ratio of officers to citizens is 1:591. The 1997 annual budget was $387,832. The per capita policing cost was $164.

The three municipal services currently share some resources. For example, the Chief of Police of Woodstock also serves as the Chief of Police of the Township of Norwich Police Service. Woodstock and Norwich share dispatch and administration functions. As well, since 1994 all three services have coordinated the mandatory annual Use of Force Training for municipal officers in the area at the Woodstock Police facility and indoor range.

The balance of the three Townships is policed by the Ontario Provincial Police out of the Woodstock Detachment. The Detachment serves the policing needs of the mainly rural portions of the County. Blandford-Blenheim and East Zorra-Tavistock form one OPP patrol zone (#4) and Norwich Township another (#1).

Policing in the two patrol zones is normally provided by between 10 to 12 front line officers on a 24 hour basis. Approximately 20,890 people reside in this area. Given the Woodstock Detachment resources are available to all OPP zones in the County it is difficult to assign a specific ratio of officers to citizens for any specific portion.

For comparison purposes we were advised that a County of Oxford study dated November 29, 1996 identified 41.6 OPP officers serving a total population of 37,887. This represents an overall ratio of 1: 911.

The Proposal:

The essence of the proposal is a consolidation of the three existing municipal services into a new force to be known as the Oxford Community Police. It is further proposed that this new municipal service be expanded to assume responsibility for the balance of Norwich, East Zorra-Tavistock and Blandford-Blenheim Townships currently policed by the OPP.

What is being advanced flows from the specifications developed by the Police Amalgamation Committee. This can best be described under the general headings of staffing, specialized services, facilities, communications, equipment, budget, board and transition.

A) Staffing

The Committee conducted a workload analysis of police activity in the region based on 1996 statistics. This identified 7,285 offences, 13,728 non-offences and 704 accidents. The total number of incidents requiring response was 22,257.

Of the 22,257 incidents approximately 9.9% were identified as non-reactive. That is to say, they represented calls for service that did not require the attention of a police officer, but could be dealt with by civilian staff. The balance of 20,057 were deemed to require police response.

The Committee examined this potential workload against existing officer deployment and patrol structure. Other factors included population distribution and County wide officer to population ratios.

As well, the potential workload was set against a provincial average of six hours of police work to respond to a typical incident (4.5 hours for front line uniformed staff and 1.5 hours for operational support staff). Taking into account vacation, training and other factors, the Committee determined that a fully employed police officer would normally be available to provide 1,620 hours of service annually. On this basis it was concluded that a total of 55.7 front line uniformed staff would be required (20,057 incidents x 4.5 uniformed hours divided by 1,620 hours per officer) to provide the area with reactive policing.

This number was increased by 12.5% to a total of 62 officers to allow for proactive response. This percentage was derived from the average additional provincial calculation of 10% to 15% to provide proactive policing.

The Committee proposed that the front line officers be divided into five platoons operating from three Divisions. Three platoons would have 10 constables and 1 sergeant. Two platoons would have 11 constables and 1 sergeant. The platoons would operate a 35 day (5 week) rotation of three shifts (10-10-8). This would result in overlapping coverage.

The Divisions would be located in Woodstock (#1), Norwich (#2) and Tavistock (#3). Both Norwich and Tavistock would have one sergeant assigned to each location. In summary, the specific deployment would be as follows:

Division 1 (Woodstock)

32 constables and 5 sergeants

Division 2 (Norwich)

10 constables and 1 sergeant

Division 3 (Tavistock)

10 constables and 1 sergeant

One additional constable working out of Woodstock would be responsible for the beat patrol. As well, two staff sergeants working opposite ten hour shifts would provide operational supervision.

Accordingly, the front line operational complement would be 53 constables, 7 sergeants and 2 staff sergeants.

The region would be subdivided into patrol zones. The three cruiser zones for the City of Woodstock would be expanded to four. The fourth zone would incorporate portions of East Zorra-Tavistock and Blandford-Blenheim. The remaining portions of the Township would be divided into four additional patrol zones. All zones would have one officer assigned on a 24 hour basis. The beat patrol in Woodstock would continue 8 hours per day.

The front line officers would be supported in their duties by a number of specialized units. A Court Services Unit would undertake prisoner escorts, court security and records related functions. It would consist of 4 full time and one part time special constable and one secretary.

The Community Service and Training Unit would be composed of one constable and one secretary. They would coordinate training programs for staff.

Training would be primarily provided at a class room facility located at Division #1 (Headquarters). An indoor pistol range is available. Training officers will be designated in each Division. Instruction will be largely provided in house by staff who are currently qualified to teach in a number of areas (i.e., CPR, pistol, fitness, defensive tactics, radar, OC spray). One officer recently completed a 20 month assignment to the Ontario Police College in Aylmer and is available to provide instruction in a number of important disciplines.

The Unit would also coordinate community programs through the Divisions (i.e., crime prevention, school programs, safety training, Police Week, VIP, seniors outreach, Crime Stoppers). As well, they would coordinate liaison with Community Police Committees. The new service would also participate in the proposed Victims Crisis Referral Service (VCARS) which is being planned for Oxford County for the spring of 1999. This initiative is being coordinated by a member of the Woodstock Police Service.

An Identification Unit composed of one constable, one special constable and part time civilian would be created. It would assist in the collection of evidence, crime scene photography and fingerprint identification. Each platoon will have an officer trained and equipped to support the forensic identification function. An additional special constable would be responsible for firearm and property matters.

A Criminal Investigations Section would be established. It would be composed of 1 sergeant, 6 detective constables, 1 Criminal Intelligence Services officer and one secretary. This section would be responsible for all major investigations including drugs, fraud, sexual assaults, homicides, robberies, major thefts and other significant criminal matters.

A Communications Section would be created. It would consist of 10 full time dispatchers, 5 part time dispatchers, and 2 CPIC/data entry clerks. Two full time and one part time dispatcher would be assigned to each platoon to ensure 24 hour coverage. The dispatchers would answer calls for police service, dispatch for Oxford County fire services and do 911 emergency response.

Administration would be provided by a chief, deputy chief, inspector, secretary and records clerk. This unit would be responsible for such concerns as public complaints, media relations, freedom of information requests, personnel matters, planning, professional standards, recruitment and record keeping.

In summary, the total proposed complement of the new service would be 105. This would be:

uniformed officers
full time civilians
special constables
part-time civilians

In addition, it is proposed that the force have an auxiliary complement of 16. Overall, this would mean a total officer to citizen ratio (excluding auxiliaries) in the region of 1: 766.

The draft amalgamation agreement provides that all employees of the existing municipal forces will be transferred to the Oxford Community Police Service and appointed members of that service.

However, in order to bring the new service up to full complement, it will be necessary to hire 22 officers, 7 civilians and to recruit 10 auxiliaries. To this end, the Committee developed a protocol to offer employment to any interested and qualified OPP officers or civilians employed in Oxford County.

We are advised that as of the date of this decision 15 officers have been recruited and commenced their duties. Three additional officers will commence their duties by the first week in February. The balance will be recruited following the completion of an internal competition for sergeants and detective sergeant positions early in 1999.

Offers of employment have been made for all the proposed new civilian positions.

B) Specialized Services

Because of its size, there will be a number of specialized services that the proposed force will not be able to provide internally. These include such services as canine, tactical teams, polygraph, explosive disposal, underwater search and recovery, major case management and collision reconstruction.

It is proposed that these services, when required, will be obtained in one of two ways. The first is through the Ontario Provincial Police, who have a mandate to provide such services on a province wide basis. The second is through cooperative arrangements with neighboring police forces.

In the past, the Woodstock Police Service has shared resources with other municipal police services. This has included for example, the use of canine resources from the Waterloo Regional Police Service and electronic surveillance from the Brantford Police Service.

Since 1995 municipal police services, the OPP and RCMP in Oxford, Middlesex and Elgin Counties have attempted to formalize an arrangement for the sharing of resources. In April of 1998 this process was expanded to include Perth County in a scheme known as the Four County Police Cooperative.

A formal agreement reflecting this arrangement has been prepared and is being reviewed by legal counsel. We have been provided with a copy. In the meanwhile, subcommittees are working on developing the necessary policies.

In addition to the three municipal police services which are the subject of this application, the other municipal forces involved include: London, Aylmer, Ingersoll, St. Thomas, Strathroy, Tillsonburg, and Stratford.

C) Facilities

It is proposed that the staff of the new service would operate from three types of facilities: divisional stations, substations and community offices.

Divisional stations would be located in Woodstock, Norwich and Tavistock. A substation would be located in Drumbo. Community offices would be established in both Drumbo and Otterville.

The Division #1 station would be located at the present Woodstock Police Service building at 615 Dundas Street, Woodstock. It would serve as headquarters for the new service, the focal point for four patrol zones and be open 24 hours a day.

The building was constructed in 1985. It is a well appointed facility with 21,000 square feet. It has controlled access, a dispatch centre, 8 cells, a breathalyzer and booking areas, controlled access through a sally port, a garage, storage and records space, offices, 4 interview rooms, a classroom, lunch room, indoor pistol range, staff locker rooms, a workout gym and sauna.

The Division #2 station would be located at the current Township of Norwich Police Service building at 83 Main Street West, Norwich. The Service has occupied this facility since 1958. It is shared with the Norwich Fire Department.

The police portion of the building is approximately 1512 square feet. It includes a reception area, report area, supervisor's office, interview room, lunch room, secure storage, meeting room and 2 cells. An attached garage is used for patrol vehicles.

Renovations are required to update this facility and provide accommodation for additional male and female officers. We have been provided with a copy of the construction plan. Tenders have been granted and the work recently completed.

The facility would accommodate 10 officers and a sergeant. It would serve as the focal point of two patrol zones. It would be open to the public 8 hours a day. An intrusion alarm system has been installed to secure the building during evening hours. As well, a call box with a direct line to the dispatch centre is provided for members of the public for those times when staff may not be present.

The Division #3 station would be located at the present Tavistock Police Service building at 39 Woodstock Street North, Tavistock. The Service has occupied this facility since 1972. It is shared with the Tavistock Fire Department and municipality. The police portion of the facility is approximately 1350 square feet.

Renovations are required. We have been provided with a copy of the construction plan. It includes expanding the police space to 1596 square feet. A contract has been awarded for the work and renovations are taking place. They are expected to be concluded shortly.

The renovated building will have a reception area, supervisor's office, report room, male and female lockers, storage vault, short term detention cell, interview/breathalyzer room and washrooms.

The facility would accommodate 10 officers and a sergeant. It would serve as a focal point for two patrol zones. It would be open 8 hours a day, and also be equipped with an intrusion alarm and call box for periods when staff are not present.

A sub station is proposed. It would be located at the Blandford-Blenheim Township offices in the Village of Drumbo. It would have an OMPPAC terminal, work station and telephone. It would be open an average of 8 hours per day and would be available for officers patrolling the zone to prepare reports or interview witnesses.

Finally, community offices would be established in both Drumbo and Otterville for public meetings and related functions.

D) Communications

At the current time, the Communications and Dispatch Centre of the Woodstock Police Service employs 9 full time and 5 part time dispatchers. All full time dispatchers have been trained at the Ontario Police College in Aylmer.

As noted earlier, the Centre performs the dispatch and communications functions for the Township of Norwich Police Service. In addition, it performs the same role for 18 full time and volunteer fire departments. The Tavistock Police Service has been dispatched by the Stratford Police Service.

Since November of 1996 the Centre has functioned as the Central Emergency Response Bureau (CERB) for Oxford County. This entails responding to all 911 calls for ambulance, police and fire. This service is provided for all police forces in the County including the OPP. Total annual calls for service exceed 27,000.

With the consolidation of the policing function it is anticipated that an additional 5,500 calls requiring dispatch will be received. In order to meet this work load (i.e., 15.6 additional calls per shift) it is proposed to hire an additional dispatcher and two CPIC/data entry clerks. They would provide 24 hour service under the supervision of a sergeant.

In order to ensure proper radio coverage for the new area, it will be necessary to expand the range of the Woodstock Police Service's Motorola Communications System. This is an analog system with two channels (Provincial Common and operating).

Four additional tower and antenna sites would be added to the current system. This would include:

the Tavistock water tower (currently used by the Tavistock Police Service)
the Norwich water tower
a new 160 foot tower in Drumbo
a 200 foot tower on Bowerhill Road

The four towers would be connected by a UHF radio link via a hub antenna located at the Woodstock Fire Department station. They would all be linked to the Dispatch Centre by a Bell Canada circuit.

All towers would have backup power in the event of electrical failure. Three would have battery backup which would be good for an estimated seven days of radio traffic. The Provincial Common Channel would be relocated to the Bowerhill tower to increase mobile radio coverage. It would have diesel power backup.

Additional VHF frequencies would be required above and beyond the two operating frequencies now used by the Woodstock and Tavistock Police Service. To this end three additional frequencies have been obtained from Transport Canada. Each of the four antenna sites would have a VHF frequency and VHF repeater.

All mobile and portable radios will be programmed in identical channel configurations. Channels will be allocated to officers working in different areas to ensure reduced radio traffic. As well officers will be able to communicate with each other by changing their channel selection. The Centre would be able to override any officer transmissions in the case of emergency.

A computerized study prepared by Oxford Communications Ltd. shows that the new configurations of antennas would allow for 100% radio coverage to police vehicles in the new area. Portable radio coverage would be 97% or better. The lower figure of 97% is described as a "worst case scenario". The new system has been installed and is currently being tested. Necessary adjustments will be made to resolve any portable radio coverage deficiencies.

Some reconfiguration of the telephone system will be required. New general numbers will have to be assigned to the Divisions and sub-station. This will be in place by mid-December and brought to the attention of members of the public through advertising. There will be a long distance toll free general inquiry service.

E) Equipment

Officers would be provided with the necessary uniforms, common weapons and personal equipment.

At the current time the three municipal services have a total of 13 vehicles. It is proposed to increase that number to 19. This would include:

11 marked and 3 unmarked patrol vehicles
3 marked vans (prisoner transport, identification and community relations)
1 unmarked court/traffic vehicle and 1 marked supervisor's vehicle

As of the date of writing this decision a total of five new vehicles have been purchased and equipped and are available for service. Three used vehicles from the former Haldimand-Norfolk Police Service have been purchased and added to the fleet.

The new service would have three Borekenstein breathalyzers and six qualified technicians. This should permit the R.I.D.E. program to be offered throughout the year.

Both the Township of Norwich Police Service and Woodstock Police Service participate in the Ontario Municipal and Provincial Police Automated Cooperative (OMPPAC). Tavistock does not. OMPPAC is a common police integrated computer dispatch and records management system. It allows for data entry of reports, record storage and retrieval, assignment control, property control and the development of statistics.

The proposal would call for the expansion of OMPPAC to Division #3 (Tavistock) and to the Drumbo sub-office. A central records keeping system would be maintained by the new service's administration in Woodstock.

F) Budget

The proposed annual budget of the new service is $6,773,505.62. Total annual board expenses are estimated at $23,340.00. Start up costs of approximately $500,000 are anticipated. This includes such matters as renovations, the purchase of new uniforms, equipment and vehicles, and upgrading the communications system.

According to the proposed agreement costs would be divided between the four municipalities. The annual cost would be determined on the basis of a fixed formula taking into account population, number of households and a weighted assessment (taxable) of the individual municipalities. The formula itself is subject to review by the parties every three years.

For the first year this would work out to the following percentage shares:

Woodstock - 57.90%
Norwich - 16.86%
Blandford-Blenheim - 13.04%
East Zorra-Tavistock - 12.20%

The same percentages would apply to board expenses. The per capita policing cost under the proposed budget would be $118.22. This would translate into a cost per household of $322.89.

Financial administration for the new service would be the responsibility of administrative staff of the City of Woodstock. Any records kept would be open for inspection by the other municipalities.

The agreement identifies the assets of all services. These assets will be held in trust by the board of the new service for the exclusive use of that service. The exception is the current buildings which will remain the property of the respective municipalities.

The agreement also identifies the known liabilities of each existing service and board. The municipalities retain full responsibility for such matters. Any liabilities incurred by the new service would rest with the new board.

The amalgamation agreement is not subject to a fixed term. It may however, be terminated with the consent of all parties, or by any one party on one year's notice. In such event, the assets held in trust are to be returned and any outstanding common liabilities shared in accordance with the payment formula.

G) Board

The agreement calls for the establishment of a joint police services board in accordance with section 33 of the Act.

It is proposed that an interim board composed of two representatives from each municipality be established once the agreement is approved. However, once the amalgamation actually takes place the agreement calls for a five member board to be appointed in accordance with 33(5) of the Act. This would mean two members from participating municipal councils, one community member appointed by agreement of the councils and two persons appointed by the Lieutenant Governor in Council.

Once the amalgamation took place the agreement deems that the bylaws of the three former boards continue in force until such time as they are amended by the new board.

H) Transition

The proposal calls for the amalgamation to take effect on January 1, 1999.

We are advised that officers have already started to familiarize themselves with the new region. This includes plans for patrolling with OPP officers.

Pamphlets, newspaper advertisements, and fliers are being prepared with information for citizens. Fridge magnets and pens have been ordered with the new service telephone numbers.

Submissions:

Prior to the commencement of our meeting we received a request for Mr. Steven Boorne, counsel for Chief Alex Balazs of the Tavistock Police Service to defer our proceedings.

He advised us that Chief Balazs had not been formally informed of what position, if any, he would have in the new service. As well, in the alternative, Chief Balazs had not received any offer of a severance package. Mr. Boorne suggested that these failures represented a breach of section 6 of the Act. He requested that we defer our meeting until these concerns were resolved.

We advised Mr. Boorne that we wished to hear the formal proposal and that we would consider his concerns after we had been provided with the necessary details of the proposed amalgamation.

The history of the proposed amalgamation and the particulars were described to us in detail by a number of presenters. These included Deputy Mayor Phil Poole, Mayor Mark Harrison, Mayor David Oliphant, Chief Joe Opthof, Chief Alex Balazs, Deputy Chief Ron Fraser, Mayor Don Woolcott, Clerk Administrator Keith Reibling, Director Patrice Hilderley, Chair Sandra Talbot, Chair Larry Hill, and Chair Stephen Cahill. The details that they provided have been set out in the proceeding sections of this decision.

At the conclusion, all municipal representatives, board chairs, and chiefs of police expressed their satisfaction with the proposed agreement and the fact that it would provide adequate and effective policing. They were supported in this assertion by Shelagh Morris, Policing Services Adviser, Ministry of the Solicitor General and Correctional Services.

As well, we heard from Mr. Martin Doane on behalf of the Police and Senior Officers' Associations of Woodstock and Norwich. These four groups represent all the uniformed officers and civilian employees of these two forces. On behalf of these individuals, Mr. Doane expressed support of the proposal and the view that it would provide adequate and effective policing to all communities concerned.

Mr. Boorne did not take issue with these conclusions. He did however, raise concerns about certain aspects of the proposed arrangement. He stated that despite numerous requests he had not been able to obtain any clear answer about the role of Chief Balazs in the new service.

He suggested that this amounted to a denial of procedural fairness in what was in essence a removal of position. He argued that this represented a failure to meet the mandatory requirements of section 6(2)(b) of the Act and that we should not approve the organization of the proposed service under section 6(3).

Subsequently, we heard from a number of presenters who expressed concern about the proposed amalgamation. The same concerns were reflected in written submissions. The issues raised appear to focus on process, cost and service.

Many of the comments we received related to the process adopted by municipal authorities to deal with police restructuring. It was described as: undemocratic, secretive, biased, paternalistic, stacked, rushed, lopsided and not transparent. It was suggested that there were many important questions unanswered, contradictory information provided, and insufficient public debate allowed.

The public information sessions were described as being bogus, a sham or rubber stamp, and not properly advertised. One speaker intimated that a local cable company chose not to air a tape of a particularly acrimonious public meeting for reasons which were suspect.

A number of presenters described the process as having failed to properly take into account the "rural" interest. As well, it was suggested that the conclusion ignored a clear public preference for maintaining the OPP in those areas which it currently policed. In this regard, reference was made to local polls and surveys conducted on this question.

Some presenters claimed the process lacked vision. They indicated that there should have been an 'apples to apples' tendering process on a level playing field involving the OPP. A number of individuals called for either a public referendum on the question or a deferral of any decision until after the next municipal election.

Some questioned the wisdom of splitting the County into two parts. It was argued that this was really a county wide issue that should be dealt with on that basis.

Many concerns related to costs. Several speakers expressed the view that the region could not afford a new police service. Some suggested that it would only result in an increase in taxes with the rural areas of the County subsidizing the urban parts.

It was stated that maintaining the OPP would be a less expensive option. This was argued on the basis of economies of scale and the fact that creating a new municipal service would entail startup costs.

The proposed budget for the service was described as being high with many costs being either unknown or not taken into consideration. The budget was also attacked as being deficient with respect to training, overtime, liability insurance, severance costs, renovations, the purchase of vehicles and specialized services.

The resolutions by the four municipal councils calling for the signing of the draft agreement were described as insufficient. The suggestion was made that formal bylaws were required.

Concerns were also voiced about the level of service being proposed. It was argued that under a new service response time would be slower, certain programs were likely to be lost (i.e., VIP, Block Parents, Community Policing Committee) and urban centres would receive preference.

Issues were raised relating to access to specialized services and officer safety. The latter arises from the fact that the OPP uses two officers in a patrol car during evening hours and the proposed service would not. In addition, a number of concerns were voiced about the proposed communications system. These included such matters as mobile radio blind spots, battery backup, poor security and lack of proper supervision, towers not meeting CSA standards, and the lack of emergency buttons on mobile radios.

Questions were raised about the ability of the new service to respond to emergencies or large events. Specific reference was made on several occasions to Trout Lake in Innerkip. Apparently, this is a privately owned trailer park and camping ground built around an abandoned quarry adjacent to a residential area. It attracts large crowds during the summer. The suggestion was that the new service would not have the resources to meet the policing needs presented by this facility.

Finally, concerns were expressed about a lack of concrete transitional planning. A number of speakers argued that the practical aspects of the transfer of responsibility from the OPP to an expanded municipal service had been ignored. This included such matters as familiarizing new municipal officers with rural areas and their particular policing requirements. It was suggested that not enough new cars would be in place on the effective date to patrol the new areas.

Others argued that the municipal services had been too aggressive in their implementation. This related to doing such things as changing the markings on cruisers and driving municipal police vehicles in OPP areas.

It is fair to say that many of presenters basically felt that the current policing system with the OPP worked well and should not be changed. They argued that the OPP was a well trained dependable service which was familiar with rural policing issues. Several citizens stated "if it's not broke, don't fix it".

Decision:

The first issue to be considered is whether or not the application before us is complete. As noted earlier, Mr. Boorne suggests that the failure to either offer Chief Balazs an identified position with the proposed service or a severance package renders this application premature.

It is clear by virtue of section 2 of the Act that Chief Balazs is a member of the Tavistock Police Service. Section 6(2)(b) requires that any amalgamation agreement deal with "the amalgamation of the police forces and the appointment or transfer of their members".

Article 2 of the proposed agreement reads:

2(a) The existing police services in each municipality shall be joined into a single police service known as The Oxford Community Police Services.

(b) The current members of the Tavistock Police Service, The Township of Norwich Police Service and the Woodstock City Police Department shall, upon the date of forming a single police service, be transferred to and appointed to the Oxford Community Police Services.

From the above, it is evident that if the agreement is approved Chief Balazs will be offered an appointment and transferred to the new service.

What rank he or any other senior officer will have in the new organization is not clear. That is a matter for the new Oxford Community Police Services Board. Section 31(1)(d) of the Act exclusively vests the responsibility for the recruitment and appointment of their chief and deputy chief with the board.

In our view, such a determination would be beyond the authority of the predecessor boards, municipal officials or any Police Amalgamation Committee. Further, our authority under section 6(3) of the Act is to approve "the organization of the amalgamated police force". This does not require that we ensure that there are specific names assigned to each box on any proposed organizational chart.

No doubt, there would be value and fairness in any group planning for an amalgamation to design and perhaps even initiate the recruitment of a chief and deputy. However, the ultimate decision must rest with the new board.

We then turn to the essential question. Is what is being proposed likely to provide the City of Woodstock and the Townships of East Zorra-Tavistock, Blandford-Blenheim, and Norwich 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 previous decisions of the Commission.

In particular, section 4(2) of the Act provides:

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, building and supplies".

Not all of these services need to be provided locally. Section 7 of the Act states that they may be acquired by way of a mutual aid agreement with another police service. Certain services are provided to all municipalities by the OPP free of cost. These include illegal gaming enforcement, criminal profiling, emergency helicopter, forensic identification, etc.

Other specialized services are provided "at no direct cost to municipalities that only need the services infrequently". These include major case management, tactical teams, crowd management, explosive disposal unit, polygraph, underwater search and recovery, collision reconstruction, technical identification and canine.

Commission decisions in various contexts have articulated different tests to assess or determine adequacy. At page 15 of Municipality of Chatham-Kent (August 14, 1998, OCCPS) 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 area is police by three municipal police forces and the OPP. While it is difficult, given the local organization of the OPP to determine precise staffing allocations to this area, it would appear that the total policing resources dedicated to the region are approximately 65 full time and one part time uniformed officers and 15 full time and 7 part time civilians.

It is proposed to consolidate these resources and create a police service with 75 uniformed officers and 24 full time and 6 part time civilians. As well, the new service would have an auxiliary complement of 16. On the face of it, the proposed agreement represents an increase in dedicated local policing resources.

The proposed arrangement would have 13 supervisory staff (1 chief, 1 deputy chief, 1 inspector, 2 staff sergeants, 8 sergeants) for 92 full and part time uniformed and civilian employees. This is approximately 1 manager for every 7 employees. It would be an acceptable span of control. Town of Goderich (October 27, 1997, OCCPS).

Overall, the proposed dedicated policing complement would represent one uniformed police officer for 766 citizens. This would appear to be a reduction in the police to citizen ratios for the City of Woodstock and the Villages of Norwich and Tavistock and an increase for the rural Townships. However, taken in total, it would be almost identical to the County average of 1:763.

This overall average is at the low end when compared to a number of other mixed rural and urban municipalities. It could be better. The ratio in Chatham-Kent is 1:738, Haldimand-Norfolk is 1:726 and Leamington-Mersea is 1:743. That being said, given the relatively low ratio of crimes per officer (1: 74) it would be within the acceptable range. Town of Leamington and Township of Mersea.(May 27, 1998, OCCPS) It should permit basic law enforcement, crime prevention, assistance to victims and public order maintenance.

The proposed staffing level would have certain advantages. Given the system of platoons, zones and Divisions the level of service for the City of Woodstock would remain the same. However, the level of coverage in the Villages of Norwich and Tavistock would increase to 24 hours. We were concerned to hear that the Village of Norwich had officers on duty on Sunday for only 8 hours. Further, the proposed shift schedule and zones should increase the normal daily police presence in the rural Townships.

We recognize the concerns expressed about single officers patrolling in vehicles during evening hours. This practice has its obvious advantages and disadvantages. The reality, however, is that this is and has been the norm for many municipal services in Ontario for many years.

There will be occasions when emergencies or other situations arise which require specialized services. We are satisfied that the new force should have the capacity to deal with such occasions either with the assistance of the OPP or the proposed Four County Police Cooperative. Whether the need for specialized services will arise with sufficient frequency to generate charge backs we cannot say. If it does, this is a cost that will have to be borne by the Oxford Community Police Services Board.

It is important to acknowledge that policing in the Province of Ontario is a cooperative endeavour. Not all police forces can reasonably be expected to offer all services at all times. This would not only represent a duplication of services, but would be unnecessarily expensive and wasteful. Planned mutual aid for emergency response is both a practical and acceptable alternative.

We do however, acknowledge the legitimate concerns of the citizens of Innerkip. As noted earlier, this community of 800 is home to a trailer park and campground that during summer months attracts large crowds. It has also been the location of events hosted by the Kitchener chapter of the Satan's Choice motorcycle club.

In the past, to ensure public order maintenance, the OPP has set up RIDE stops, radar and generally increased its presence and visibility in the area during summer weekends. On special occasions this has involved the use of OPP auxiliaries and the Provincial Special Squad. The latter included officers from the Toronto Police Service, Windsor Police Service, Waterloo Regional Police Service, Hamilton-Wentworth Regional Police Service and London Police Service.

We are assured that the new service recognizes the legitimate concerns of citizens of this community. Further, we are advised that the new service is prepared to set up its RIDE program in the area, establish spot checks when required and show increased presence during major events.

In principal, we agree that given appropriate planning, scheduling and coordination the new Service should have sufficient resources to ensure proper public order maintenance. Clearly, this is best accomplished with the advice and support of local citizens and neighbouring police services. To this end some work is obviously required before next summer.

We have examined the facilities for the proposed service. The police station in Woodstock is excellent. The buildings in Norwich and Tavistock are acceptable with the proposed renovations. The addition of a sub office in Drumbo and two community offices will have the benefit of increasing police presence and visibility in the rural areas.

We have also considered the proposed communications and dispatch arrangement. As we noted at page 8 of Town of Goderich (April 15, 1996, OCCPS):

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 forces in cases of emergency. The police force must have an effective means to respond to such calls for service.

This is particularly important.

It is evident to us that the current Woodstock Communications and Dispatch Centre is both well established and experienced. Staff are familiar with the region given that they provide services for 18 County fire departments. Of equal note is the fact that it handles 911 calls for all County police and ambulance services. Given the additional resources being proposed, the responsibility of managing the projected 15.6 additional calls per shift should not present any difficulty. Further, we are assured that the dispatchers will be supervised by either a sergeant or staff sergeant at all times.

As a matter of planning and organization it is clear that there are great benefits to having as many of the County's emergency services as possible handled by one centralized communications group. This represents a clear and practical benefit to citizens.

Given the proposed increase in jurisdiction it is evident that a communications upgrade is required. This appears to have been taken into account. Four towers have been added, additional frequencies acquired and new equipment purchased. Some of this equipment is not state of the art (i.e., analog instead of digital, battery backup for some towers). However, it is similar to that in use by many Ontario police services and should perform the required task.

There was much concern expressed about the potential 3% portable radio dead zone at the County margins. However, we are assured that the system would be tested and steps taken to improve any performance deficiencies. The goal is 100% portable radio coverage to match the 100% radio coverage. However, it must be acknowledged that is some parts of Ontario variations in topography make such perfection difficult or in some instances impossible. For purposes of comparison, we are advised that portable radio coverage in Waterloo is 95% and in Chatham-Kent is 98%. Certainly to our mind, 97% or better in the new region would be acceptable.

We have also considered the proposed equipment for the new service. Overall, it seems adequate. We were particularly pleased to note the introduction of OMPPAC to Tavistock where it is currently not available. As we noted at page 12 of Town of Goderich (August 4, 1995, OCCPS):

It is difficult for us to imagine a Service the size of Goderich without the benefit of the computerized records management and other features in OMPPAC. A great deal of time and effort of the current Service (both uniformed and support) must be wasted in paperwork. This can hardly be described as "effective".

The same reasoning would apply here.

As well, we note that the necessary vehicles to patrol the proposed expanded region have been purchased and are available for service.

We have examined the proposed budget. It appears to be comprehensive. For example, we are advised that liability insurance has been obtained for the proposed service from Frank Cowan Insurance through Jamieson and Hilts. This is the same insurer for all area municipalities.

The policy was effective November 13, 1998. It provides bonded coverage for indemnification of service and board members; errors and omissions; general and environmental liability; contents; non-owned vehicles; comprehensive crime; and conflict of interest. Police vehicles have a $5,000 deductible but full replacement cost coverage. The cost of insurance is included in building and vehicle operating expenses.

The budget does not contain any amounts for severance. This seem reasonable, given that no terminations are proposed. As noted earlier, costs for vehicle purchases and building renovations have been included in the start up costs. As well, we are advised that the various Police Associations have agreed to adopt and continue the 1998 Woodstock collective agreement into 1999. This would mean that labour costs are generally known.

The sums allocated for training and overtime seem low and depending on experience, may have to be increased.

The proposed agreement is brief, but takes into account all of the required elements, including the appointment of board members. It is supported by resolutions for all area municipal councils authorizing the respective mayors and senior municipal officials to sign. Whether further bylaws are required we cannot say. Whatever the necessary legal requirements may be, we would expect them to be met.

It was clear from the public submissions that a number of residents, particularly those in rural East Zorra-Tavistock and Norwich do not support the proposal. They took issue with the decision making process adopted and expressed a strong preference for retaining the OPP.

Clearly the issue of police restructuring in the County has been a controversial subject for years. It was recently debated at the County level and was an issue during the last municipal election. It has been the object of much debate at area municipal councils. Prior to the amalgamation agreement being approved, it was the subject of nine well attended and sometimes heated public meetings. While it is certainly possible to question the quality and timing of the public consultation or take issue with the result, it would be wrong to say that the public have not been involved.

However, as we noted at page 11 of City of Orillia (January 17, 1996):

... we have had a number of concerns drawn to our attention relating to the contracting process. We can certainly sympathize with members of the community who say that it has been too lengthy and divisive. As well, it seems clear that the time taken to bring this matter to a conclusion has had an adverse impact on the morale of both uniformed and civilian employees of the Service.

However, this process is neither of our making nor within our control. It is a function of the existing OPP contracting protocol and decisions made by the local Board and municipality about the public consultation process. When public debate is heated the process can become protracted. This would appear to be the case here.

Ultimately, as we have noted earlier, judgments on the relative merits of the different aspects of OPP versus municipal policing for a particular community and the potential for cost savings are matters to be determined by Council and the Board.

It is not our role and function to revisit this decision or decide that something else may be better. Even if we were so inclined, we are not able to do so under the provisions of the Act. Certainly, there is no authority on the part of the Commission to order a referendum as requested.

Put in context, the same logic would apply to the facts of this application.

Overall, it is our conclusion that the proposal itself is sound, reasonable and workable. If properly implemented it should allow for adequate and effective policing. It is clearly the result of a significant amount of effort, planning and thought. The agreement meets the requirement of the Act. No terminations are called for.

Accordingly, we approve the organization and authorize the amalgamation in accordance with section 6(3) of the Act.

We do believe, however, that given public concerns it is essential for the new service to take the time and make an effort to effect a proper transition. It is important that a solid basis be set for building trust, establishing relationships, meeting citizens, and starting the process of reconciliation. We do not believe that can be practically accomplished over the next two weeks of what is essentially a holiday season.

Therefore, we direct that the agreement take effect on February 1, 1999. As well, we require a detailed report on what specific steps have been either planned or completed with respect to the transition, by January 18, 1999.

DATED THIS 18TH DAY OF DECEMBER, 1998.

Murray W. Chitra Chair, OCCPS

Charles B. Rycroft Member, OCCPS

Michele J. Shephard Member, OCCPS

ADDENDUM TO THE DECISION DATED DECEMBER 18, 1998

ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES