Ontario Civilian Commission on Police Services
IN THE MATTER OF an application for consent to the abolition of the Kingsville Police Service.
Presiding Members: Bob Saracino, Member Frederic G. Farrell, Q.C., Member
Appearances: Dan DiGiovanni, Chief Administrative Officer, Town of Kingsville Pat O’Neil, Mayor, Town of Kingsville; Mayor-Elect, new Town of Kingsville Bill Strong, Chair, Kingsville Police Services Board Bill Dennis, Inspector/Detachment Commander, Essex County Ontario Provincial Police
Hearing Date: November 16, 1998
Background
On November 19, 1997, the Honourable Al Leach, Minister of Municipal Affairs and Housing, signed a Restructuring Order for the County of Essex. This had the effect of reducing the number of municipalities from 21 to seven, effective January 1, 1999. One of the seven municipalities is the new Town of Kingsville, formed by the amalgamation of the former Town of Kingsville and the Townships of Gosfield North and South.
The Restructuring Order also provided for the creation of a Transition Board comprising the three mayors of the former municipalities and one member appointed from each of the councils of the former municipalities.
The new municipality is located on the north shore of Lake Erie in the County of Essex. The population of 19,000 lives in a land area of 245 square kilometres. In addition to the urban/commercial centre of Kingsville, the municipality contains two small urban centres - the hamlet of Ruthven and the Village of Cottam, some beaches, a marina, the Kingsville Dock and two yacht clubs. Cottam is primarily a bedroom community, with many residents commuting to Windsor to work. Tourism and agriculture are major contributors to the local economy.
The former Town of Kingsville has operated the Kingsville Police Service (the "Service") since the early 1900s.
Nick Kuipers has been chief of police since August 1992. The Service has a complement of nine officers and one civilian employee.
The Township of Gosfield South contracts for policing from the Ontario Provincial Police (the "OPP"). Gosfield South has a six member complement which includes one sergeant and five constables.
The Township of Gosfield North has, until recently, received police services from the OPP working out of the Essex Detachment on Highway 401 and County Road 19. The detachment is about 30 kilometres from Kingsville. Based on workload, it appears that the equivalent of two officers has been dedicated to municipal policing.
In total, at the current time, approximately 17 officers are deployed in what will be the new Town of Kingsville.
County government has been exploring the concept of creating a single police force for the past two years.
The sequence of events leading to this hearing is as follows:
- January 21st, 1997, councils of the three municipalities request the Service to provide a proposal for policing
- February 17th, 1997, councils of the three municipalities and the Kingsville Police Services Board request a costing for OPP policing
- August 18th, 1997, public presentation of the Service proposal
- October 20th, 1997, public presentation of the OPP proposal
- February 26th, 1998, presentation of updated proposals at a public meeting before the Transition Board
- March 26th, 1998, Transition Board recommends selection of the OPP proposal
- April 14th, 1998, the three municipal councils unanimously pass resolutions accepting the recommendation of the Transition Board.
Copies of these resolutions were forwarded to the Solicitor General and Minister of Correctional Services (the “Solicitor General”) with a request that the Ontario Civilian Commission on Police Services (the “Commission”) review the proposal as required by section 40 of the Police Services Act, R.S.O. 1990, c. P.15 as amended (the “Act”).
The request was considered by the Commission at a regularly scheduled meeting. It was agreed that a public meeting under section 40 of the Act would be convened to examine the proposal. The meeting was scheduled for November 16th, 1998 at the Gosfield South Municipal Building in Kingsville. Notice of the meeting was published in local newspapers.
The Law
The operation of 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 different ways. A municipality may choose to establish and maintain its own police force, enter into a joint policing arrangement with a neighbouring community, or contract for policing services with the OPP.
In those cases where a municipal police service exists, section 38 of the Act states it “shall consist of a chief of police and such other police officers and other employees as are adequate, and shall be provided with adequate equipment and facilities”. The obligation to ensure that the necessary staff, equipment and facilities are in place rests with the board.
Once a municipal police service has been established, it can only be abolished for the purposes of putting in place one of the other policing options (i.e., OPP policing) after following the procedures set out in the Act. Specifically, section 40 provides:
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 the police force under subsection (1) only if,
(a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration; 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 member and the board to submit the matter to arbitration and may give any necessary directions 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 services to be provided by the OPP.
The Issues
The nature of this scheme is self-evident. It is to ensure that no existing municipal police force is abolished unless arrangements are in place to satisfactorily meet the policing needs of the community in question.
Further, it is to ensure that no member of an existing municipal police force is terminated without steps being taken to allow for proper severance.
Accordingly, the object of this proceeding is two-fold.
First, the Commission is to receive and review the proposal which has been accepted by the board, municipal councils, and the Transition Board. We are to consider any public comments and submissions of interested parties on the question of whether or not the proposal will satisfy the municipality’s obligations to provide adequate and effective police services.
Assuming we are satisfied that the proposal provides for such service, then our second obligation is to determine whether any members are 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, the matter ends there. If such agreement has not been reached, the Commission may order the parties to arbitration and provide the necessary direction.
The Proposal
The new policing arrangement was outlined by Inspector Bill Dennis of the OPP. What is being proposed is an integrated detachment which would incorporate the Kingsville municipal police force, OPP rural policing and OPP highway patrol services under one administration. The detachment commander in the Essex location would be responsible for the integrated detachment.
The Town of Kingsville will have policing 24 hours per day, seven days a week. The OPP will contract to provide a minimum of 29,120 hours of police service, including such specialized functions as community services, criminal investigation, uniform court officers, pro-active patrolling and supervision. Other policing initiatives identified through community input include bicycle patrols in urban and rural areas, accident reduction, crime prevention and school bus safety programs.
A) Facilities and Equipment
The integrated detachment would operate from approximately 5,000 square feet of space in the former Kingsville municipal building, which is being renovated to accommodate the increase in staff. Until renovations are completed, staff will be accommodated in the former Kingsville police offices and a storefront in Cottam, located just north of the Gosfield North and Gosfield South boundary. Kingsville OPP will be equipped with five marked cruisers and one unmarked vehicle, as well as breath testing equipment and radar units.
B) Staffing
The OPP proposes to police the Town of Kingsville with an integrated detachment. There would be 19.75 dedicated municipal officers, an increase of 2.75 over the existing complement. The contract with Kingsville includes funding for one sergeant and 14 constables and the equivalent of 4.5 positions, including court officers, a detective and a community services officer.
An integrated detachment would reduce the infrastructure and corresponding costs required to maintain a stand alone police agency in Kingsville. Responsibility for overall supervision would be shared by the inspector responsible for the Essex County OPP Detachment, one staff sergeant and eight sergeant-team leaders. There will be an assigned local contract sergeant.
The municipality will be divided into three patrol zones which mirror the existing policing configuration. A four platoon, 12 hour shift schedule will be used. Three or four officers will be available to the town at any given time, with officers assigned to each zone.
C) Communications
The Kingsville location will be dispatched from the OPP Communications Centre in Chatham. This operation has 19 dispatchers, six sergeants and one staff sergeant. A sergeant will be on duty 24 hours a day. The OPP radio system is an integrated telephone, radio and microwave system. Telephone communications are recorded and there is a radio emergency backup system.
There will be a free 24 hour line available for public calls to the Communications Centre. An enhanced 911 system is in place.
D) Records Management
Both the OPP and Kingsville Police Service use the Ontario Municipal and Provincial Police Automated Cooperative (OMPPAC). This will continue as the records management system.
E) Specialized Services
Kingsville would have access to the 23 officers assigned to provincial responsibilities, on an as-need basis. These resources will be shared financially and operationally with two other contract locations in Essex County. The complement will be composed of one inspector, one staff sergeant, eight sergeant-team leaders, one detective sergeant, five detectives, three court officers, one firearms officer, one differential response officer, one community services officer and one Crime Stoppers officer.
All Essex County police services, including Kingsville, participate in a joint Windsor/Essex County Victim Services project. The project is based at the Essex County OPP office at Manning Road and the 401.
F) Budget and Phase-in
All uniformed members of the current service have been offered employment with the OPP. The civilian employee has been offered employment with the new Town of Kingsville.
The estimated cost for OPP policing of the Town of Kingsville in 1999 is $1,833,997, with a capital cost of $4,725.
Decision
The Transition Board reviewed several proposals for policing the new Town of Kingsville. The OPP proposal was supported by Mayor Patrick O’Neil and Bill Strong, Chair of the Kingsville Police Services Board, who believe it will serve the community’s needs. In addition, interviews were held with local municipal representatives and members of the three communities, and input was solicited during public meetings. While support for the new policing arrangement was not unanimous, the proposal was generally well received.
We are satisfied that the proposed organization and policing programs would provide for adequate and effective policing.
The proposal, as outlined, has a number of advantages:
- an increase in front line officers from 17 to 19.25
- organization of local police resources in a structure that corresponds with the new municipal structure
- integration of the two existing services reduces infrastructure requirements, allows for pooling of resources and assets
- a renovated police facility to be located in the most-populated area of the community
- a storefront office in the Village of Cottam
- 24 hour policing in all parts of the new municipality
The former municipal building will become the new OPP office in Kingsville. The facility will be 4,800 square feet in size and will undergo $187,000 worth of renovations, which are expected to be completed by mid-February 1999. These facilities would appear to provide the officers dedicated to policing the town with adequate facilities.
With respect to transitional planning, the OPP have committed to ensuring that the new town receives uninterrupted, quality police service. New officers will receive training and orientation to the OPP. A Business Planning Model will be used to address community concerns. Communication with the police services board and the community will be an integral part of establishing an effective working relationship.
The Commission recognizes that there are two outstanding matters to be resolved. The first is the employment status of Chief Nick Kuipers. We acknowledge that a memorandum of agreement between the Kingsville Police Services Board and Chief Kuipers, has been signed. It notes that, in the event the parties are unable to agree upon the terms of an agreement dealing with severance pay, the matter will be referred to arbitration. This meets the requirement under section 40(3) of the Act.
The second is a “rights dispute” between the Kingsville Police Association and the Town of Kingsville Police Services Board. The conciliation officer reported that no resolution was reached. However, the two parties have agreed to refer the matter to arbitration.
Given the above, and our own review of the proposal, we have concluded that the policing arrangement outlined will, if fully implemented, meet the requirements of the Act and allow for adequate and effective policing in the new Town of Kingsville.
Accordingly, the Commission consents to the abolition of the Kingsville Police Service in order that policing may be provided by means of a contract with the Solicitor General for the services of the OPP. This decision is effective December 31, 1998.
We would like to acknowledge the thorough, careful, and well organized efforts of all involved in the preparation of the proposal.
DATED THIS 30th DAY OF DECEMBER, 1998.
Bob Saracino Member, OCCPS
Frederic G. Farrell, Q.C. Member, OCCPS