ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
IN THE MATTER OF an application by the Town of Deseronto for consent to the abolition of the Deseronto Police Service
Presiding Members:
Brenda Weese, Member
Michele J. Shephard, Member
Appearances:
William W. Walker, Solicitor, Town of Deseronto
Glenn Belcour, Mayor, Town of Deseronto
Inspector Garry MacPherson, Detachment Commander, Napanee, Ontario
Provincial Police
Sergeant Susan Stephenson-Baker, Contract Policing Bureau, Ontario Provincial
Police
Sheryl Bennett, Facilities Planner, General Headquarters, Ontario Provincial
Police
Dennis Tompkins, Deseronto Police Services Board
Norm Clark, Chief of Deseronto Police Service
Lorraine Aylsworth, President of Deseronto Police Association
Paul Sweet, Police Services Advisor, Ministry of the Solicitor General Superintendent L.G. Sweeney, Regional Manager Support Services, Ontario Provincial Police
Douglas Meridith, Home and Business Owner, former Councilor
Hearing Date: February 13, 2001
This is an application by the Deseronto Police Service Board (the “Board”) and the Town of Deseronto (the “Town”) pursuant to section 40 of the Police Services Act R.S.O. 1990, c. P.15 as amended (the “Act”) for consent to the abolition of the Deseronto Police Service (the “Service”). This is for the purpose of having all policing in the Town provided by the Ontario Provincial Police (the “OPP”) in an integrated contract arrangement with a number of surrounding Townships.
Background
The Town is a small urban community situated in southeastern Ontario on the shores of the Bay of Quinte. It is centrally located between Toronto, Ottawa, and Montreal. Deseronto is in Hastings County, however serious amalgamation discussions are underway with their eastern neighbours, the Town of Greater Napanee. The Town of Greater Napanee is a municipality of the County of Lennox and Addington.
The original settlement of Deseronto and area may be traced back to the War of Independence in 1784. Mohawk Indians, led by Chief Joseph Brant and Chief John Deserontoyou, remained loyal to, and fought for the British Crown. They fled back to Canada from New York State and were given this land as payment for their loyalty. Shortly after they were followed by 10,000 United Empire Loyalists.
In 1855 Hugh B. Rathbun purchased many of the properties and built one of Canada’s earliest company towns, which he called Mill Point. In 1881 Mill Point was renamed Deseronto and incorporated as a Town in 1889.
The insurance company, the Independent Order of Foresters which flourished in Canada, the United States and Great Britain, had its founding in Deseronto at the turn of the century.
During the First and Second World Wars, Deseronto was the home of Camp Rathbun and Camp Mohawk. These two locations each had an airfield where many of the pilots of these two wars were trained.
Deseronto has been known as a manufacturing town with businesses producing items such as lead crystal, furniture, appliances, optical instruments, school buses and most recently nylon cloth and nautical ropes.
Current Policing Arrangement
The Town is a community with a population of approximately 1,651 with 756 households, contained in an area of 2.67 square kilometers. There are approximately 13 kilometers of roads within the town limits. Deseronto has a long history of municipal policing.
The Service provides 24 hour policing seven days a week from a police facility located at 320 Edmon Street. It is dispatched by the Belleville Police Service.
The current actual police complement to population ratio is 1:330 (5 uniform positions to 1,651 people) and a supervisor to constable ratio of 1:4 (1 supervisor to 4 constables). The breakdown is as follows:
Deseronto Police Service
Chief
1
Constables
4
Total Uniform
5
Civilian
1
The Napanee OPP Detachment consists of a host detachment and two satellite detachments. The host detachment is a small crowded bungalow located at 40 Centre Street in the Town of Greater Napanee. The satellite detachments are located in Kaladar and Amherstview.
The Napanee OPP Detachment is responsible for policing the County of Lennox and Addington. This includes the Townships of Addington Highlands, the Township of Stone Mills, the Town of Greater Napanee, and Loyalist Township by way of municipal policing contracts, pursuant to section 10 of the Act. The Township of Tyendinaga is policed pursuant to section 5.1 of the Act.
These municipalities have a combined population of approximately 42,752, with 15,165 households encompassing an area of 3,104.56 square kilometers.
The Napanee Detachment also provides traffic and general enforcement on 164 kilometers of Provincial Highways (7, 33, 41 and 401), and 1,951 kilometers of municipal roads. It is dispatched from the OPP Communications Centre in Belleville.
The Detachment currently has 74 uniformed officers and 7 support staff. They perform both provincial and municipal policing functions. The breakdown is as follows:
Napanee OPP
Municipal
Total
Inspector
0.67
1.00
Staff Sergeant
0.71
1.00
Sergeants
2.86
5.00
D/Constables
5.00
5.00
Court Constable
0.64
1.00
Community Services Constable
0.64
1.00
Patrol Constables
38.54
60.00
Total Uniform
49.06
74.00
Clerical Support
3.46
5.00
Caretakers
1.28
2.00
Total Civilians
7.00
On the face of it the ratio of police officers dedicated to municipal policing to population is 1:871 (49.06 officers to 42,752 citizens). The overall supervisor to constable ratio is 1 to 9.
It has been suggested to us that for the purposes of calculating an overall ratio that we should add a further 7.99 officers to the OPP municipal policing complement. These are said to represent the portion of the staff working out of Eastern Regional Headquarters in Smith Falls that provide both operational and administrative support to the Napanee Detachment.
This particular number was obtained by dividing the total uniformed Detachment officers in eastern Ontario by Regional Headquarters staff (657 officers/107
Regional Headquarters personnel). This produces a factor of 16.28% which multiplied against the number of local dedicated municipal officers (49.06) equals 7.99.
Leaving this aside, the current existing municipal policing resources in both the Napanee Detachment and Service is 54.06 uniformed officers (5 + 49.05) for a total population of 44,403. This represents a current overall ratio of local uniformed officers to citizens of 1:821.
Equipment
At the present time, these officers are supplied with the following equipment:
Type
Deseronto Police Service
Napanee OPP
Marked Police Vehicles
2
27
Unmarked Police Vehicles
4
Prisoner Transfer Van
1
Bicycles
4
Skiff
1
Snowmobiles
2
Breathalyzer
3
Roadside Screening Devices
5
Spike Belt
4
Radar
1
7
Long Guns
4
23
Sidearms
5 Glock
Sig Sauer P229
The Process
Over the past 12 years Town Council has requested and received several policing proposals from the OPP and one from the County of Hastings as it explored its various policing options. They also received a proposal from the City of Belleville (when they were bidding on the Greater Napanee policing contract), which included the Township of Tyendinaga. When Tyendinaga rejected that option, a contract with Belleville ceased to be an option for Deseronto as the two communities did not share a contiguous geographical border as required by the Act.
Early in the year 2000, Chief Clark advised the Board, and in turn, Town Council that they could expect major budget increases in light of the upcoming adequacy and effectiveness standards which would become effective on January 1, 2001.
On March 27, 2000 the Town requested the OPP provide a further costing for the provision of policing. On July 10, 2000 the OPP delivered a proposal. On July 18,
2000 Town Council accepted the OPP proposal in principle. Following this decision, Council notified the Ontario Civilian Commission on Police Services (the “Commission”) of its desire to accept the OPP policing proposal and requested a hearing, pursuant to section 40 of the Act to approve disbandment of the Service.
A public meeting was held in Deseronto at the Royal Canadian Legion on August 23, 2000. The notice of the meeting was hand delivered to every business and residence in the Town. Approximately 50 people attended the meeting where the OPP policing proposal was presented to those in attendance.
At its September 12, 2000 meeting the Board passed a resolution endorsing the July 18, 2000 council resolution to seek disbandment of the Police Service in favour of a contract with the OPP. This was forwarded to the Commission.
The Commission tabled the request along with the various resolutions at it’s meeting on December 11, 2000 and 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 February 13, 2001 at the Deseronto Legion. Notices were published in local newspapers.
The meeting was held as scheduled and presentations and submissions made by a dozen individuals. Since that time, we have also requested and received further details about certain aspects of the proposal.
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”. Section
4(2) defines “adequate and effective” as the ability to provide policing services under the five following categories: Crime Prevention, Law Enforcement, Assistance to Victims of Crime, Public Order Maintenance and Emergency Response.
Section 4(3) states that a municipality shall be responsible for providing all infrastructure and administration necessary. This obligation may be met in a number of different ways. A municipality may choose to establish and maintain its own police force, enter into a joint policing arrangement with another community, or contract for policing services from the OPP.
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:
(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 agreementdealing 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 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 municipal police force is abolished unless arrangements are in place which will satisfactorily meet the policing needs of the community in question. Any new arrangements must provide for appropriate staff, equipment and facilities to ensure adequate and effective policing. As well, no member of a municipal police force is to be terminated without steps being taken to allow for proper severance.
Accordingly, the purpose of this proceeding is two-fold.
First, the Commission is to receive and review the proposal that has been accepted by Town Council and the Board. We are to consider any public comments and submissions.
Second, assuming we are satisfied that the proposal allows for “adequate and effective police services", then our next obligation is to determine whether or not a member is to be terminated as a consequence of abolition. If this is the case, and the parties have reached an agreement with respect to severance or consent to have any outstanding matters referred to arbitration – then the matter ends there. If such agreement has not been reached then the Commission may order the parties to arbitration.
That being said, it is worth noting that given the wording of the Act there are a number of matters beyond the Commission’s purview. It is not our role to judge the relative merits of municipal versus OPP contract policing in a particular community or the potential of any proposal to save or increase policing costs.
These are matters for the Town Council and the Board to assess. It is not our function to judge whether or not what is being proposed is superior to what may already be in place or some other alternative. Our focus is to determine whether the arrangements being proposed meet the requirements of the Act. Finally, it is not our function to determine what constitutes an appropriate severance arrangement. That is a matter for bargaining between the parties and, in the absence of agreement, for arbitration.
The Proposal
The proposal was presented by Inspector Garry MacPherson, Sergeant Susan Stephenson-Baker and Ms. Sheryl Bennett. It can be described as follows: Staffing
The general plan is to merge the resources of the Service with those of the local Napanee Detachment to create an integrated policing arrangement for the County. The combined provincial and municipal resources would be:
Napanee OPP Detachment
Inspector
1
Staff Sergeant (new position)
1
Sergeants
5
Constables
71
Total Uniform
78
Total Civilians
6
Of this total, 53.42 local officers would be dedicated to municipal policing. This would represent an overall local officer to population ratio of 1:831 (53.42 officers to 44,403). The overall supervisor to constable ratio would be 1 to 10.
It was also suggested to us that in calculating the overall ratio that we add a further 8.7 officers representing regional operational and administrative support staff. This figure was arrived at by multiplying the factor of 16.28% by the local dedicated 53.42 municipal officers.
Of the total number of local municipal officers it is proposed that 4.36 be allocated to police the Town. This represents an officer to population ratio of
1:379 (4.36 officers to 1,651 citizens). As well, it is suggested that we adjust the ratio (S/Sgt.) by the addition of a further .71 complement for regional support based on the formula noted above.
Supervision and Deployment
The Detachment would be managed by an Inspector (Detachment Commander) who would be assisted by a staff sergeant (Operations Manager). They should in turn supervise four sergeant team leaders, one for each of four platoons. There are also six sergeant team leaders that are available at the Belleville Communications Centre that could give 24 hour per day support to officers on patrol.
There will be 5 municipal patrol zones in the Napanee OPP Area:
Township of Addington Highlands
Township of Stone Mills
Township of Greater Napanee
Loyalist Township
Township of Tyendinaga and Town of Deseronto
The Town of would continue to receive 24 hour policing coverage. The officers will work 12 hour rotating shifts on four platoons. Two officers will be scheduled for the Tyendinaga/Deseronto patrol zone. This coverage is consistent with the current policing arrangement.
Auxiliary Policing
The Town would have access to 45 OPP auxiliary officers. The officer’s duties include attending/participating in parades, traffic control, community services activities, and accompanying regular members on patrol.
Detachment Facility
A new detachment building for Napanee OPP has been identified as a priority for several years. The current bungalow is crowded and bursting at the seams with officers and equipment. A new building is clearly required. We were informed that funding for such a facility was approved in 2000 and after exploring several options, the Ontario Realty Corporation has been instructed to proceed with a publicly advertised “Lease Proposal Call” for a building that is 15,700 square feet.
We were provided with a series of documents related to this initiative. They included:
A model “Lease Proposal Call”
OPP Accommodations Guidelines
A space analysis for a possible Napanee facility showing functions and space allocations
An Architect’s floor plan for a possible Napanee facility (to provide a general concept)
A draft advertisement for Requests for Proposals
We were advised that the plan is to advertise for proposals on February 21,
- A final site would be selected by April 30, 2001. A lease would be finalized by May 31, 2001. Once this was completed final design could be completed and either renovations or construction commenced.
Firm occupancy dates are not known. It is suggested to us that this could range from December of 2001 to March of 2002 depending on whether an existing building is selected or a new one must be constructed.
In the interim, to resolve existing space problems, it is proposed that some Napanee Detachment officers would operate from the Quinte OPP Detachment located on Wallbridge Loyalist Road, in Quinte West. This facility would be available to officers working in the west part of the Detachment area (i.e. Tyendinga-Deseronto patrol zone) to perform administrative duties such as report writing, conduct telephone queries, and for meeting community members.
As well, members of the RIDE Unit and those officers involved in complex criminal investigations will continue to use the Quinte OPP Detachment as their working location until occupancy of the new Napanee Detachment is permitted.
Satellite and Community Policing Offices
In addition to the Napanee Detachment there are also two satellite offices located in Kaladar and Amherstview.
The Kaladar office provides, by contract, policing coverage for the Township of Addington Highlands. This office is located at the intersection of Hwy 4 and Hwy 7 in Kaladar. There are 7 officers operating out of Kaladar satellite.
The Amherstview office provides, by contract, policing coverage for the Township of Loyalist. This office is located at 18 Manitou Crescent in Amherstview. There are 12 officers operating out of Amherstview satellite.
Officers report to and conclude their shifts at these satellite locations. The satellite offices are telephone and computer equipped.
Community Policing Offices are easily accessible and provide locations for officers to meet with members of the public, to conduct telephone inquiries, answer phone messages, and to complete assignments while remaining in their assigned patrol zones.
There are three Community Policing Offices located at the following locations:
Township of Loyalist: This office is located at the water treatment plant in the Village of Bath, 329 Main Street, Bath, Ontario. The office is approximately 137 sq. ft. in size and is telephone equipped.
Township of Stone Mills: This office is located at the fire hall in the Village of Tamworth, at 630 County Road 4. The office is approximately 148 sq. ft. in size and is telephone and computer equipped. Officers have access to the fire hall, which has a kitchen and washrooms with showers.
Addington Highlands: This office is located in the Post Office/Library Building in the Village of Denbigh, 222 Highway 28. This office is approximately 58 sq. ft. in size and is telephone and computer equipped.
The Town has authorized the use of the current Deseronto Police Service building as a community policing office. This is located at 320 Edmon Street.
Vehicles and Equipment
The following transportation and equipment will be available for Deseronto from the Napanee Detachment:
Type
Marked Police Vehicles
29
Unmarked Police Vehicles
4
Prisoner Transfer Van
1
Bicycles
4
Skiff
1
Snowmobiles
2
Breathalyzer
3
Roadside Screening Devices
5
Spike Belt
4
Radar
8
Long Guns
27
Sidearms
Sig Sauer P229
The members of the Service transferring to the OPP would receive firearms training prior to being issued their new firearms.
Communications
The OPP communications system is a hybrid microwave system, utilizing several linked communication towers, strategically placed in and around the Counties of Hastings, and Lennox and Addington, providing overlapping coverage for the Town of Deseronto.
The Belleville Communications Centre is currently dispatching officers from the Napanee area. The OPP communications system is a full-scale system with battery and diesel generator power backup. Officers will be equipped with portable radios while on patrol. Communications testing for the Town of Deseronto indicates that all areas will have appropriate communication coverage.
The OPP Communications Centre monitors OPP Simplex and the Provincial Common Channel. All incoming and outgoing radio and telephone conversations to the Communications Centre are recorded. Citizens in the Town of Deseronto can reach the OPP by calling 9-1-1 in the case of an emergency; a toll free 1-888 number; *OPP (*677) on a cellular phone; a local administration number; and through a teletypewriter (TTY) for the hearing impaired.
Transition
The OPP position is that all uniform members of the former Service would be given an opportunity to submit an application to the OPP. Those officers who apply and meet the existing protocol will be offered employment with the OPP; however, the Commissioner reserves the right to review the suitability of any officers.
The Chief of the Service has decided to retire. A civilian clerical staff member with the Service would not be joining the OPP if the Service is disbanded.
Members of the Service would be involved in joint patrols with OPP officers to ensure all officers are familiar with the landmarks and areas of police interest. OPP communications training will coincide with the joint patrols.
Prior to amalgamation, Deseronto officers who wish to join the OPP will attend a one-week OPP orientation course at the Provincial Police Academy in Orillia. This program has proved to be very effective and worthwhile to those officers involved in a restructuring.
Representatives of OPP HR Services, the OPP Association, OMERS and the Ontario Pension Board will meet with members of the Deseronto Police Service to answer employment and transition concerns.
Court
Judicial matters arising from incidents in the Town are heard at the Superior Court of Justice, Ontario Court of Justice, Unified Family Court, and Provincial Offences Court in the City of Belleville (approximately 38 kilometers from Deseronto).
Three part-time constables attached to the Napanee Detachment provide prisoner escorts and delivery court processes.
While officers are in court, emergency assistance and coverage of the Town will be provided from Napanee OPP Detachment cluster. If required, additional assistance is available from the Belleville Police Service and Tyendinaga First Nations Police Service through mutual aid agreements.
Secure Lockup Facilities
Both the Service and Napanee OPP currently utilize the Quinte Regional Detention Centre, located at 89 Richmond Blvd., in the Town of Greater Napanee as their primary secure facility. This facility has a capacity of 228 beds. 172 beds are allocated for adult males, 28 for adult females, 20 for young offenders, and 8 segregation cells.
Additional secure facilities are available at the:
Quinte OPP Detachment – 2 cells, both cells are video monitored.
Belleville Police Service – 6 male, 2 female, and 4 young offender beds.
The lockup area is video and audio monitored.
Community Services/Policing Programs
All existing community services and community policing programs will continue in an OPP environment. Additional programs will be considered through consultation with the Detachment Commander and the Board.
Records Management
The Service uses an in-house paper records management system (RMS). The OPP uses the Ontario Municipal and Provincial Police Automation Co-operative (OMPPAC). Members of the Deseronto Police Service, who intend to enter the OPP upon amalgamation, will receive training from OPP members over the course of the transition period and during the week of orientation training at the Provincial Police Academy. The OPP are currently upgrading their RMS to the Niche RMS. Training sessions are currently being conducted at the Quinte OPP Detachment.
- Quinte West Police Service – 5 cells and a large bullpen area. All secure lockup areas are video and audio monitored.
Canadian Police Information Centre (CPIC) files relating to the Service would be transferred to the Eastern Region OPP Centralized CPIC Unit upon abolishment. There are four people in this Unit and they are responsible for the maintenance
of these files.
All Deseronto police records and indices involving of the Town of Deseronto will be maintained consistent with the requirements of the OPP Records Management System.
Decision
Is the proposal as presented by the OPP and approved by both Council and the Board likely to provide the Town of Deseronto with adequate and effective police services?
The Act does not currently define what constitutes adequate and effective police services. However, certain sections of the Act and prior Commission decisions provide assistance. In particular, section 4(2) of the Act states:
4(2) Adequate and effective police services must include, at a minimum, all of the following police services:
Crime prevention
Law enforcement
Assistance to victims of crime
Police 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, communications 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 (August 14, 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.
How do these tests apply to this application?
The Town has approximately 1,651 residents and currently receives policing from the Service. It has a chief, four constables and one civilian support person. The officer to citizen ratio is 1:330 and the supervisor to constable ratio is 1:4.
The proposal is to enter into an agreement with the Ministry of the Solicitor General to receive policing from the OPP. The proposal calls for an integrated policing model with the Napanee OPP Detachment. That Detachment is currently responsible for the Township of Addington Highlands, the Township of Stone
Mills, the Town of Greater Napanee, Loyalist Township and the Township of Tyendinaga. The present local OPP municipal officer to citizen ratio for these communities is 1:871 (49.12 officers to 42,752 people). The supervisor to constable ratio is 1:9.
Accordingly, taken together the current existing dedicated local municipal policing resources is 54.06 municipal officers for a total population of 44,403. This represents a present overall ratio of local uniformed municipal police officers to citizens of 1:821.
It is proposed that these resources be integrated into a single detachment with a total of 53.42 local officers dedicated to municipal policing. Of this, 4.36 uniformed staff would be allocated to the patrol zone encompassing the Town. This represents a new overall officer to citizen ratio of 1:831 and a ratio for the Town of 1:379.
It has been suggested that we add to these numbers a total of 8.7 officers to represent individuals in Smith Falls performing related operational and administrative support functions. This is on the basis of a formula described earlier.
We have no difficulty with the principle that Regional Headquarters staff engaged in work in direct support of a local detachment should be taken into account for the purposes of comparative ratios. Clearly, not all administrative functions need be performed in Napanee.
That being said, we find the formula being presented to be speculative. It fails to distinguish between municipal and provincial policing functions. There is no clear analysis of the duties of the Regional Headquarters staff in question. As well, the number being proposed (8.7 uniformed officers) does not appear to bear any relationship to the cost being assessed for such services.
The various municipalities in the Napanee area are charged a fee of 2.23% of the total cost of their policing contracts for a “Regional Headquarters Municipal Support Amount”. When the proposed amount for the Deseronto contract is factored in the total amount is approximately $110,000. This is roughly the cost of 2 first class constables.
Accordingly, for the purposes of our analysis we believe that it is reasonable to add two additional officers to the proposed local municipal policing complement. This represents a total of 55.42 dedicated officers for a population of 44,403 or a ratio of 1:801.
How does this compare with the coverage currently received in other integrated County wide policing arrangements for other Ontario mixed rural and urban communities? The Commission has recently examined a number of such arrangements. For the purposes of comparison the most notable are as follows:
Municipality
Population
Police Officers
Ratio
Renfrew1
16,638
32
1:781
Brant County2
29,150
42.4
1:688
Oxford-Community3
57,500
75
1:766
Stormont, Dundas & Glengarry4
61,951
80
1:774
Welllington County5
63,500
84.2
1:754
Haldimand-Norfolk6
98,000
117
1:726
Chatham-Kent7
110,000
149
1:738
Based on the above, it would appear that the proposed resources for the Town (1:379) are more than generous, while overall Detachment complement is low (1:801). This is even in taking into account the two additional Regional staff.
The Town will continue to receive 24 hour policing coverage through the assignment of officers on each of four platoons, working 12 hour rotating shifts. Two officers will be scheduled for the Tyendinaga/Deseronto patrol zone, ensuring coverage that is consistent with the current policing arrangement.
1 See Renfrew (August 25, 2000, OCCPS)
2 See Brant County (June 2, 2000, OCCPS)
3 See Oxford Community (December 18, 1998, OCCPS)
4 See North Glengarry (October 15, 1999, OCCPS)
5 See Welllington County (July 19, 1999, OCCPS)
6 See Haldimand-Norfolk (September 24, 1998, OCCPS)
7 See Chatham-Kent (August 14, 1998, OCCPS)
We note the Town has enjoyed an exceptional level of police service for many years. However, we are aware of changing times and needs. Chief Norman Clark advised us that there have been numerous costings and proposals conducted by the OPP dating back to 1988. This has caused uncertainty and emotional insecurity among the members of the department with regard to their future. He informed us that after many discussions with the OPP he is convinced that they would provide adequate and effective policing services to the Town.
We agree. However, we feel that an additional local officer should be added to the overall complement to ensure that policing in the other parts of the Detachment area is adequate and effective. This would bring the total allocated municipal policing officers to 56.42 for an overall ratio of 1:787. In particular such a staffing level would be consistent with those recently approved for Renfrew (1:781) and Stormont, Dundas and Glengarry (1:774).
That brings us to the question of facilities. This has two aspects. The first relates to police presence in the Town and the second to the proposed Detachment facility.
The citizens of Deseronto have, since the 1800’s, had a police station in the centre of town. The OPP’s proposal informed us that the Town of Deseronto has authorized the use of the current Deseronto Police Service building as a community policing office. It is located at 320 Edmon Street. Community Policing Offices are easily accessible and provide a location for officers to meet with members of the public, to conduct telephone inquiries, answer phone messages and to complete assignments while remaining in their assigned patrol zones.
We were informed by Lorraine Aylsworth, President of the Deseronto Police Association, that many residents do not own vehicles, drive or have telephone services. We feel that as the Edmon office will not be open for regular hours, that it should have a direct telephone line outside of the building so that citizens can contact the police (See Township of Red Rock, May 1, 2000, OCCPS).
At the hearing, we heard a great deal about the existing Napanee Detachment building. As well, we took the time to tour this facility. There is no question that it is inadequate. It certainly cannot accommodate any additional staff.
It is in the best interest of the OPP and members of the Napanee OPP Detachment to move into a new and larger police facility. The new facility would eliminate the need to fragment parts of the Detachment, and would also provide space for other support services. In order to meet this objective, OPP along with the Ontario Realty Corporation plans to either renovate an existing building or to build a new facility or replace the existing Napanee OPP Detachment.
We were provided very general details about these plans. We were informed that a call for tenders would be advertised on February 21, 2001. That did not occur. We are informed that this has been deferred until the end of April because of the need to work out details concerning the addition of a Level 2 forensic laboratory.
To our mind this leaves a significant component of the integrated detachment plan up in the air. We have no idea where the facility will be located and have not received a firm idea of the construction or renovation schedule. We were provided a floor plan, but this is simply an architect’s idea of what such a facility might look like. The final design may well be quite different.
This is not sufficient (See Town of Goderich, October 27, 1997, OCCPS). We require clear details before we can assess whether or not this critical aspect of the proposed integration will permit adequacy and effectiveness requirements to be met. This would include such elements as:
a signed lease
an approved final floor plan
a renovation or construction timetable
building permits
a firm occupancy date
To simply transfer Service staff out of the community to the Quinte OPP Detachment until these issues can be resolved is not an acceptable transition plan. We do not see why the essential details of the facilities plan cannot be finalized and provided to us within 90 days for our review and consideration.
The OPP communications system is acceptable. The equipment list is extensive and has been tested in all areas of the Town to ensure that it will provide appropriate community coverage.
At the hearing, Mayor Glenn Belcour, Dennis Tompkins of the Deseronto Police Services Board, Paul Sweet, Police Services Advisor and Chief Norm Clark expressed their support of the proposal. Members of the public were encouraged to participate and to make their comments and criticisms known. There were no objections from the public who attended at the hearing, which demonstrated that they were satisfied with the proposal.
The formal proposal, the written submissions delivered in advance of the hearing and the oral submissions at the hearing itself were very detailed and demonstrated the significant amount of effort and input by municipal officials, the police and the OPP. It was evident that every effort was made to inform the public on the proposal and address the concerns of the community.
Chief Clark advised the Commission, through his legal firm, that as of February 12, 2001 he had not resolved his severance issues with the Deseronto Police
Under the proposal, the vehicles, equipment, communications, records management system and the availability of additional front line officers if and when needed, are all positive enhancements to policing the Town.
Services Board and he requests that the Commission refer the matter concerning his position to arbitration.
We were also advised that the OPP would be offering employment to all other current Town uniformed staff subject to the right of the Commissioner to review the suitability of the candidate. We note that the current policy with respect to such matters is reflected in an October 26, 1998 Policy and Protocol on OPP Policing in Municipalities. Specifically, page 71 provides:
The OPP will offer employment to all serving uniformed municipal police officers who meet the requirements of the Police Services Act; however, the Commissioner reserves the right to review the suitability of any officer charged with a criminal offence. A municipal officer who is on disability at the time of disbandment will be offered employment with the OPP on satisfactory evidence from a medical practitioner of the member’s suitability to return to duty.
Accordingly, it is our expectation that all offers of employment are in accordance with this Policy.
It is our understanding that the civilian member has accepted a severance package and will not be offered employment with the OPP.
Our decision will be conditional upon the issue of termination and severance being either resolved through agreement or arbitration, with arbitration being mutually agreed to or by an express order of the Commission to proceed to arbitration.
Now we must address the accommodation issue. As mentioned in the proposal the current Napanee OPP building is bursting at the seams with officers and equipment. We appreciate the fact that the OPP is presently utilizing this building as efficiently as possible. The short-term plan is to continue using the facilities at the Quinte OPP detachment as well as the satellite offices in Kaladar and Amherstview. Officers assigned to the Tyendinaga-Deseronto Patrol area would commence and conclude their shifts at the Napanee OPP Detachment.
While this will add to the crowding it is in fact only the addition of one extra officer per shift and will hopefully only be for a very short time.
If approval for disbandment of the Deseronto Police Service is given by the Commission, it is anticipated that the OPP will start policing the Town of Deseronto in December 2001 or January 2002.
Consent for the abolition of the Deseronto Police Service, pursuant to section 40 of the Act is approved, subject to the following conditions:
- One full time uniformed officer shall be added to the Napanee
Detachment dedicated municipal complement.
A direct line telephone shall be installed on the exterior of the current Service office at 320 Edmon Street. This will be a free line, linking any caller to the OPP Communications Centre, Belleville. This telephone will be available to the public for emergency use 24 hours daily, lighted and easily visible from the street.
We will be provided firm details of the proposed new Napanee Detachment facility within 90 days for our consideration. This shall include a lease, a construction or renovations schedule, a final architect’s plan and specifications and an occupancy date.
Any severance issues outstanding 90 days following the release of this decision proceed forthwith to arbitration.
All offers of employment to uniformed staff shall be in accordance with the October 26, 1998 OPP Policy and Protocol.
The proposal as described above is not to be altered without the consent in writing from the Commission.
DATED THIS 23rd DAY OF APRIL 2001.
Brenda Weese Michele J. Shephard
Member, OCCPS Member, OCCPS