Amherstburg Police Service and Anderdon Township Police Service (Re), 2000 ONCPC 4002

ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

Citation: 2000 ONCPC 4002

IN THE MATTER OF an application for consent to the abolishment of the Amherstburg Police Service and the Anderdon Township Police Service

Presiding Members:

Frederic G. Farrell, Q.C., Member
Bob Saracino, Member

Appearances:

His Worship Mayor Wayne Hurst, Chair, Town of Amherstburg Police Services Board
Brian Bird, Chief, Amherstburg Police Service
Shawn McCurdy, President, Former Amherstburg Police Association
Stephen Ross, President, Former Anderdon Township Police Association
Kenneth Mansell, Former Chief, Former Anderdon Police Service

Linda Saxon, Citizen
Linda Casey, Citizen
Jim Callard, Citizen
John Oram, Citizen

Hearing Date: Wednesday, December 1, 1999

Background:

The former Town of Amherstburg is located on the banks of the Detroit River South of Windsor, Ontario and had a population of approximately 10,264 residents. Amherstburg is an urban historic community having played a pivotal role in the history of our province, especially during the war of 1812.

The former Township of Anderdon is immediately adjacent and north of the Town of Amherstburg and had a population of approximately 5,740 residents. It is primarily a rural community. The former Township of Malden is adjacent to and immediately south of the Town of Amherstburg had a population of approximately 3,304 residents. It is also primarily a rural community.

The new Town of Amherstburg is composed of the former Town of Amherstburg, the Township of Anderdon and the Township of Malden, and has a combined total population of approximately 19,308 residents, containing an area of 198 square kilometers and possess 255 kilometers of roads. It is both urban and rural, containing approximately 181 farms with a total farm acreage of 32,516 acres.

For policing purposes, the former Town of Amherstburg was served by the Amherstburg Police Service, the Township of Anderdon was served by the Anderdon Police Service and the Township of Malden was served by the O.P.P.

The Process:

On November 19, 1997, the Honourable Al Leach, then Minister of Municipal Affairs and Housing, signed an order which reconstructed the County of Essex into seven municipalities effective January 1, 1999. Commissioner Ian Wilson, at the request of the Town of Amherstburg, was assigned to oversee the amalgamation of the Town of Amherstburg and the Townships of Anderdon and Malden. On December 31, 1997, pursuant to s. 25 of the Restructuring Order, the police services board for each of the former Town of Amherstburg and Township of Anderdon were dissolved.

On January 1, 1998 a new five member Amherstburg Police Services Board was established and in full compliance with the Police Services Act, R.S.O. 1990, c. P.15 as amended (the "Act").

A restructured joint force sub-committee was established, which committee was composed of the Chief of Police for Amherstburg and Anderdon. The goal of the committee was to consider how to achieve and provide adequate and effective policing to the citizens of the new Town of Amherstburg. On April 21, 1998, Amherstburg Town Council passed a motion that a single municipal police force would provide policing for the new Town of Amherstburg. Some of the benefits of a new single municipal police force were identified as follows:

1. operating costs would be stabilized through efficiencies;
2. human resources would be deployed more efficiently;
3. specialized police units would become financially viable due to the economics of scale;
4. labour relations matters would be simplified;
5. larger pool of human resources available to deal with major incidents;
6. communications and computer systems would be enhanced; and
7. several other benefits both to the service and to the public.

While discussions took place at the executive level, there was also public consultation. Public notice was duly given in two local newspapers of a public meeting, at which meeting both the Chief of Police for Amherstburg and Anderdon were present when the proposal for the single municipal police service was discussed.

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 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 the municipality may abolish both the Amherstburg Police Service and the Anderdon Police Service and create a new single municipal police service for the new Town of Amherstburg.

The Issues:

The nature of this scheme 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 the appropriate staff, equipment and facilities to ensure adequate and effective policing. In addition, no member of a municipal police force is to be terminated without steps being taken to allow for proper severance.

There are two fundamental issues to be dealt with:

1. Does the proposed new arrangement appear to provide adequate and effective police services that meet the needs of the community? In this respect, the Commission should receive and review the proposal which has been accepted by the Town Council and the Police Services Board and consider any public comment and submissions.

2. The next issue is whether or not under the proposal the current members of the police service which are the subject of the abolition are being dealt with on a fair and reasonable basis. If any member is to be terminated as a consequence of the abolition, the question then becomes whether or not the parties have reached an agreement with respect to severance or have consented to having any outstanding matters referred to arbitration. If so, the Commission is satisfied and our involvement in this issue would be at an end. However, if no agreement has been concluded, then the Commission may order the parties to arbitration on the outstanding issues. It should be noted that under section 40, the Commission does not decide between alternative proposals or assess which method of providing policing services will be most economical or otherwise preferred. Those decisions rest solely with the local community through the appropriate Municipal Council and Police Services Board. Further, it is not the function of the Commission to determine what may or may not be an appropriate severance agreement. This function rests solely between the bargaining parties and failing an agreement, for arbitration.

Proposal:

The proposal for a single municipal police service was outlined at the hearing by Chief Brian Bird, Amherstburg Police Service, and is hereinafter discussed in detail.

Staffing:

The proposal is based on a single police service composed of the following: (a) Chief; (b) Deputy Chief; (c) Four Sergeants; (d) 22 Constables; and (e) Two civilians.

A total of 30 personnel of which 28 are sworn officers and two are civilians. The ratio of police officer to population is 1/690.

Operations:

The new service will operate 24 hours a day, seven days a week, serving the entire Town and will include the former Township of Malden which previously was policed by the O.P.P. The Township of Malden previously was not provided with 24 hour coverage. Deployment of sworn officers will follow the platoon system with a Sergeant in charge for supervision.

Patrol Zones:

The Town will be divided into three patrol zones by using the former boundaries of the old Town of Amherstburg, Township of Anderdon and Township of Malden. Accordingly, the new three patrol zones are as follows:

Zone 1: Amherstburg; Zone 2: Anderdon; and Zone 3: Malden.

Each zone will be patrolled 24 hours a day. The maximum strength per 12 hour shift will be six officers:

Zone 1: 3 officers; Zone 2: 1 officer; and Zone 3: 1 officer.

Another officer will support all three zones as may be required.

The minimum strength per 12 hour shift will be one officer per zone. However, it should be noted a four officer minimum strength will be in place until 4:00 a.m. (12 hour night shift). On the night shifts, there will be a minimum of four officers (two officers will cover zone 1, one officer in each of zone 2 and zone 3). After 4:00 a.m., there will be one officer in zone 1 supplying additional coverage to all other zones if required.

The staff will have the benefit of specialist training in a variety of modern police investigative areas such as breathalyzer technicians, intoxilyzer, crime scene, sexual assault investigators, hostage barricade commanders, hostage negotiator, arson and much more.

Facilities:

The headquarters for the former Amherstburg Police Service was built as recently as 1987 and is located at 532 Sandwich Street South in Amherstburg. This facility will also serve as the new headquarters for the Amherstburg Police Service, receiving not only renovations but a new addition. An architectural assessment was performed and given the new responsibilities of the police service, a blueprint of modifications, upgrades and expansion was completed. The results are as follows:

(a) the building itself will be increased from 4855 square feet to 9490 square feet; (b) locker rooms will increase from 590 square feet to 1,096 square feet; (c) the parking lot will increase from 7,850 square feet to 18,530 square feet; (d) there will be a large community meeting room; (e) the cells will increase from two to three, i.e. the third cell will be used for women or young offenders; (f) video and audio surveillance cameras will be installed throughout the building; and (g) interview rooms will be available with a private line in order that prisoners may exercise their charter of rights.

A store front will be situated on Boblo Island to assist in patrolling the island, especially in summer months. Another store front is being considered for McGregor with the possibility of having a sharing arrangement with the Town of Essex Police Service.

Communications:

Under the proposal all of the residents of Amherstburg seeking non-emergency response will be referred to the LaSalle dispatch through one line. There is also one non-emergency general inquiry line direct to the Amherstburg Police Headquarters during the day. It can be noted that both lines are toll free. For emergency purposes, 911 is available and is transferred to the central dispatch centre in LaSalle.

There is one radio system which was upgraded in 1998 and includes both new mobile and portable radios.

For dispatching, the Town of LaSalle is and will continue to be the public answering point, i.e. the dispatch centre. It is a combined radio/communication system which allows for direct contact between the dispatcher located in LaSalle and officers either on foot or in their cruisers. In addition, officers in the field can directly communicate with other officers within the dispatch group. All equipment has been upgraded. The LaSalle dispatcher works with several tower sites situated within the county, i.e. Anderdon, Amherstburg, Essex and Colchester South.

Vehicles:

The proposal provides for six fully equipped marked vehicles, one unmarked vehicle and one terrain vehicle (which will serve Boblo Island and the rural areas of the Town). A Sergeant will supervise maintenance replacement of all vehicles. Also there is a marine unit for the policing waterways and Boblo Island, and will serve to compliment and assist the O.P.P. who are under a provincial mandate for servicing the waterway between Amherstburg and Boblo Island. Bicycles are also part of the inventory of equipment which includes: 1 Cannondale 24 speed mountain bike; 1 Nishiki 21 speed mountain bike; and 1 CCM 18 speed mountain bike.

Firearms/Use of Force Equipment:

The service has been supplied with 28 Smith and Wesson (Model 4046) and one Smith and Wesson (Model 4053) firearms. In addition, there are four Winchester 12 gauge shotguns and four Ithaca Model D.S. Police Special 12 gauge shotguns. All of the six marked police units are equipped with security gun locks.

The use of force equipment consists of training mats, bags, ASPS and a "RedMan" suit.

Other Changes:

Records management as of January 1, 1999 is the Ontario Municipal and Provincial Police Automation Co-Operative (OMPPAC) which is used by most police services.

Community Services programs and Victim Services will now be uniform within the new Town of Amherstburg.

Decision:

Is this proposal likely to provide the new Town of Amherstburg with adequate and effective police services?

The Act does not currently define what constitutes adequate and effective police services. However, interpretive aids are available to assist in this determination as to what constitutes adequate and effective police services, namely: the provisions of the Act itself and precedent, i.e. past 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:

1. Crime prevention.
2. Law enforcement.
3. Assistance to victims of crime.
4. Public order maintenance.
5. 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?

The new Town of Amherstburg is composed of approximately 19,308 residents in an area of approximately 198 square kilometers, with 255 kilometers of road. The Amherstburg Police Service will have the responsibility for providing adequate and effective police services to all those residents within the new geographic boundaries of the community formerly governed by three municipal bodies and policed by three different police services, i.e. Amherstburg Police Service, which policed the former Town of Amherstburg, Anderdon Police Service, which policed the former Township of Anderdon, as well as the Township of Malden previously policed by the O.P.P.

To answer the original question, we must examine and compare the proposal in detail. The former Town of Amherstburg had 14 sworn officers composed of the Chief, two Sergeants and 11 Constables. In addition, there was one civilian. The officer/population ratio was 1/790.

The former Township of Anderdon had seven sworn officers composed of a Chief, one Sergeant and five Constables, and in addition, there was one civilian. The police/population ratio was 1/957.

The former Township of Malden had five sworn officers composed of one Sergeant, five constables, and in addition, there was one civilian. The police/population ratio was 1/661.

Under the proposal, the new police service will have 28 officers, i.e. a Chief, Deputy Chief, four Sergeants, 22 Constables, and in addition, two civilians. The police/population ratio will be 1/690. The police/population ratio is excellent and in the range for similar communities.

A comparison with other neighbouring communities of similar size and character would be both helpful and relevant for our purposes. Three of these are mixed rural and urban communities and are policed by the Ontario Provincial Police. The remaining three on the graph below have their own police service.

Municipality	Population	Police Officers	Ratio
Town of Essex	19,201	24	1:800
Town of Kingsville (OPP)	18,407	19.86	1:927
Town of LaSalle	20,924	28	1:747
Town of Lakeshore – Rochester – Tilbury North and West (OPP)	25,584	25.12	1:1018
Town of Leamington	25,042	35	1:715
Town of Tecumseh	23,462	26.83	1:835
Total:	132,620	158.81	1:874

Chatham-Kent has 149 police officers for a population of approximately 110,000. This is a citizen to officer ratio of 1:738. The City of Windsor has 414 police officers for a population of 200,062. The citizen to officer ratio is 1:483.

For our comparison purpose, Essex, Kingsville and LaSalle are preferred because of the similar dynamics of the community in part urban/part rural, size and general makeup of the community. Under the proposal, Amherstburg will have 28 officers and the police/population ratio will be 1/690. This compares very favourably with LaSalle and is better than Essex and Kingsville. Overall, the number of officers and the police/population ratio would appear to be most appropriate particularly given that crimes against people and property in the community have decreased from 1997 to 1998.

The proposal provides for three patrol zones, boundaries of which compare to the boundaries of the three former municipalities, which is a good idea to maintain uniformity. These patrol zones have been designed to provide each zone with the required amount of attention at a given time, which attention can be adjusted on an as needed basis. Overall there will now be policing 24 hours a day, seven days a week. While this was previously provided to the former Town of Amherstburg and the Township of Anderdon, the Township of Malden did not have 24 hour policing. Accordingly, the proposal has a major benefit for the 3,304 residents of that township.

From the standpoint of staffing, deployment and supervision, the proposal overall appears sound, and if the proposal is implemented as presented, it should allow for adequate and effective policing in the Town of Amherstburg.

However, there are other key factors which we must consider. The facilities out of which policing will be provided to the citizens of Amherstburg will be in the former headquarters for the Amherstburg Police Service which was located at 532 Sandwich Street South in the Town. While the address remains the same, the proposal provides for a substantial addition, upgrades and renovations. The building will be increased in size from 4,855 square feet to 9,490 square feet. Locker room space will be increased from 590 square feet to 1096 square feet. A large community room will be available for use by the community, there will be a third cell for female and young offenders and video and audio surveillance will be provided throughout the building. There will be an additional interview room with a private line to protect charter concerns. The parking was increased from 7850 square feet to 18,530 square feet. At first blush one would wonder why a large parking lot would be of benefit or an asset to policing, or for that matter, have a bearing on adequate and effective policing. Also why does it merit any further discussion other than a mere footnote in this decision? There is a very good reason why it is being mentioned and why it deserves comment at this time. The purpose of the large parking lot is more than just for the purpose of parking cars. Chief Brian Bird explained that it was intended to be a center of public functions for the residents of the town. He saw it as an opportunity for the police service to reach out to people and play a more meaningful part in their lives, i.e. bringing the police and the people closer together.

At the hearing, we were informed that the facilities should be completed later this month. We were provided with a mini copy of the proposed architectural plans. At the meeting itself, the Chief outlined various upgrades and renovations. We are satisfied that these facilities, when the additions and renovations are completed, will provide adequate and effective facilities for dispensing policing to the community.

Since the facilities were originally built only in 1987 and since these facilities were formally used as the headquarters for the Amherstburg Police Service, renovating and expanding this facility seems to have been a very prudent decision, especially from the standpoint of cost efficiency. In addition, the facility has been viewed as a source of protection in the area for many years and it will continue to be so.

The police service will have six modern fully equipped marked police cars, one unmarked vehicle and a terrain vehicle which can be utilized for policing Boblo Island and the rural areas. Also the police service will have a boat to fulfil its marine responsibilities, i.e. patrolling the waterways in and around the community, as well as Boblo Island. Under the proposal, the current records management, i.e. the OMPPAC system will continue to be maintained.

Communications is a very important part of policing. The proposal provides for a continuation of one radio system, which system was upgraded in 1998 and which upgrades included new mobile and portable radios. The Town of LaSalle will remain the public answering point and dispatch centre, and will direct Amherstburg calls to the Amherstburg Police Service. There of course will also be a 911 emergency number, all of which is toll free. Both the Amherstburg/Anderdon repeater site (tower) and the Amherstburg repeater site (tower) is linked to the system hub in LaSalle via radio frequency link. Each police mobile and portable radio can key off the aforementioned towers and if officers travel out of that area, their units can work off of other towers located either in Essex or LaSalle. In other words, the officer can always be in touch if and when needed.

The proposal also outlines a community business plan with three broad initiatives:

1. establish a police service - with an overall strategy, targets and accountability;
2. youth out reach program; and
3. reduce injuries/accidents.

Under the proposal vehicles, equipment, communications, a concise community business plan are all very positive, progressive and preferred enhancements to policing the new Town of Amherstburg.

Overall, taking everything into consideration, the Town of Amherstburg should benefit from a higher degree of adequate and effective policing in their new community. This new scheme should result in less administration by eliminating duplication of services, better police patrol and more efficient cost control. The community business plan was well thought out and very organized, containing three extremely important simple initiatives previously discussed for servicing their community. The community business plan provided for accountability which is very important in making sure that the job not only gets done, but gets done right. The proposal also provided for specialized training for police officers in a variety of situations, including emergency response such as in the case of a hostage taking.

Overall the proposal has addressed all of the five core police services set out in s. 4(2) of the Act for adequate and effective policing. In addition, we were informed by Chief Bird that the Amherstburg Police Service is working diligently to meet the provincial adequacy standards which must be in effect by January 1, 2001 across the entire province. The proposal appears to recognize and embrace these new standards.

All of the presenters, namely Chief Brian Bird, His Worship Mayor Wayne Hurst, Shawn McCurdy, President of the former Amherstburg Police Association, and Stephen Ross, President of the former Anderdon Township Police Association expressed their full and unqualified support for the proposal. Members of the public were given the opportunity to express their views and concerns. Members of the public who telephoned the Commission requesting an opportunity to speak at the meeting were given the first opportunity following the presenters to voice their opinions. Thereafter, other members of the public were invited to do so. While some members of the public expressed their displeasure about past problems, there were no specific objections to the proposal itself. In fact, most of the public present expressed confidence in the Amherstburg Police Service under the leadership of Chief Brian Bird and optimism for the future. Former Anderdon Police Chief Kenneth Mansell voiced his support for the proposal as well.

This brings us to the important issue of termination and severance, i.e. whether or not a member of the police service is to be terminated as a consequence of abolishing the Amherstburg Police Service and the Anderdon Police Service, and if so whether the parties involved have reached an agreement with respect to severance or have the parties involved consented to have the matter referred to arbitration. We were advised at the meeting that all outstanding issues had been resolved. Therefore, this matter does not require our attention.

Accordingly, pursuant to s. 40 of the Act we hereby consent to the abolition of the Amherstburg Police Service and the Anderdon Police Service in order to provide for the creation of a new single municipal police service for the new Town of Amherstburg. This consent is subject to the following condition:

1. The proposal as submitted will be implemented without amendment or alteration without the express written consent of the Commission.

At this time we would like to publicly recognize the Amherstburg Police Service and the Anderdon Police Service for its years of dedication to their respective communities, as well as acknowledge the various officers of the O.P.P. that served the Township of Malden as well. We also wish to acknowledge Chief Brian Bird and the entire Amherstburg Police Service for bringing about a new confidence in policing within the new Town of Amherstburg, especially their reaching out to the citizens of the community. In this regard, it is of particular note that Chief Brian Bird and the officers of the Amherstburg Police Service marched in full uniform in the 1999 Remembrance Day Parade in the Town of Amherstburg. Their presence added pride, enthusiasm and strength in a parade that unfortunately had suffered some decline due to the dwindling number of veterans available to participate. It is that type of innovative and thoughtful contribution that is making a real difference in the Town of Amherstburg with respect to the rapport between its citizens and the police service.

In conclusion, we would like to express our appreciation to all the presenters at the hearing and the professional manner in which the entire process was carried out. We would also like to express our appreciation to the members of the public who came out that evening to express their concerns and their support for the proposal.

DATED THIS 14TH DAY OF FEBRUARY, 2000

Frederic G. Farrell, Q.C.
Member, OCCPS

Bob Saracino
Member, OCCPS