City of Pembroke (Re), 2013 ONCPC 4002

OCPC-DSB #13-02

2013 ONCPC 4002

ONTARIO CIVILIAN POLICE COMMISSION

IN THE MATTER OF an application

for consent to abolish the Pembroke Police

Service

DECISION

Panel: David C. Gavsie, Chair

Roy B. Conacher Q.C., Member

Meeting Date: January 8, 2013

Meeting Location: Pembroke, Ontario

Ontario Civilian Police Commission

250 Dundas Street West, Suite 605

Toronto, Ontario M7A 2T3

Tel: 416-314-3004

Fax: 416-314-0198

Website: www.ocpc.ca

Appearances:

1. David Migicovsky – Counsel, City of Pembroke

2. Ed Jacyno – Mayor, City of Pembroke

3. Mike Lemay – Chair, Pembroke Police Services Board

4. Sgt. Paul Legault – Ontario Provincial Police

5. Insp. Jeff Smith – Ontario Provincial Police

6. Const. Jamie Holt – President, Pembroke Police Association

7. Elwyn Behnke – member of the public

In addition, a written submission was handed to the Panel by Mary Higgison, a former civilian dispatcher with the Pembroke Police Service.

Application:

1. An application (the “Application”) has been made to the Ontario Civilian Police Commission (the “Commission”) by the City of Pembroke (the “City” or “Pembroke”) pursuant to s. 40 of the Police Services Act R.S.O.

1990 c.P. 15 as amended (the “Act”) for consent to disband the

Pembroke Police Service (the “Service”).

2. If granted by the Commission, it is the intention of the City to have policing of the City provided by the Ontario Provincial Police (“OPP”) under contract with the Government of Ontario.

Background:

3. Pembroke is located in the Upper Ottawa Valley at the junction of the Ottawa and Muskrat Rivers in Eastern Ontario. The Service has been in existence for over 130 years and has expanded as Pembroke grew from a town to a city. The Service provides policing within the City.

4. The original settlement was started by the cutting of the first virgin pine tree by Peter White, a lumbering prospector, in 1828. The renowned Pointer Boat, a workhorse of the log drives down the Ottawa River, was manufactured in Pembroke for over 100 years.

5. Pembroke began with the initial, adjacent communities of Campbelltown and Miramichi. This hamlet was called Moffat, then Sydenham, and

finally in 1856, the entire area was joined together as a Police Village and renamed Pembroke.

6. In 1877, the Village was incorporated as a Town. It became the county seat for the County of Renfrew, a distinction it still holds although it separated from the County when elevated to the status of a city in 1971. The Service has been in existence since 1878, and the Pembroke Police Association (the “Association”) was founded in the early 1950’s.

7. Pembroke has historically been and continues to be the largest service centre between Ottawa and North Bay acting as home of such services

as the area’s regional hospital, county court facilities, county government,

school boards, Algonquin College, senior’s homes, etc.

8. The once prosperous logging industry has all but disappeared along with other industries, and big box retail stores have appeared on the outskirts of the community in a neighbouring municipality in direct competition with Pembroke’s aging downtown commercial core and associated tax base.

9. The community has been well served by the Service. The difficulty various City Councils have struggled with has been the ever increasing cost of maintaining the Service.

10. In 1999, Pembroke’s police budget was $2.7 million which represented

11% of the City’s overall operating budget. In 2011, the police budget was $5.8 million, representing 23% of Pembroke’s entire operating

budget. In 2012, the police budget increased to $6.2 million, an increase of over 6% from the year before.

11. Pressures coming from arbitration decisions and annual budget increases meant the cost of local policing was becoming unsustainable. As a result, the Pembroke Police Services Board (the “Board”) recommended to City Council that the OPP be approached to provide a costing for police services for Pembroke.

12. Based on the City’s analysis of the proposal submitted by the OPP, savings in the area of $1 million annually will be realized by Pembroke with no loss to the level of policing.

13. The Upper Ottawa Valley Detachment of the OPP (the “Detachment”) provides policing services to the following municipalities: Township of Admaston-Bromley (shared with the Renfrew Detachment of the OPP); Town of Laurentian Hills; Township of Laurentian Valley; Town of Petawawa; Township of Whitewater Region; United Township of Head, Clara and Maria; and, Township of North Algona Wilberforce.

14. The Service currently has 30 uniform officers including a Chief, Deputy Chief, six Sergeants and 22 Constables. The Service also has 18 civilians employed, consisting of three full-time administrative clerks, five

court Special Constables and ten part-time Court Special Constables. As of June 7, 2012, five full-time and two part-time civilian dispatchers with

the Service were terminated as the Service’s communication function was contracted out to the Owen Sound Police Service as consented to by the Commission in its Decision dated May 4, 2012.

15. The Detachment is currently staffed by 43 uniform officers consisting of an Inspector, a Staff Sergeant, five Sergeants and 36 Constables. They are supported by three civilian members.

16. Pembroke has a population of 11,740. Based on the current uniform officers complement of 30, the Service has an officer to citizen ratio of

1:391.

17. The Detachment area has a population of about 28,000 and a current strength of 43 uniform officers. Its officer to citizen ratio is 1:650. Based on the proposal and assuming there is a reduction of two uniform positions (as set out below in para. 31), integrating policing in Pembroke would give the integrated Detachment (the “Integrated Detachment”) 71 uniform members for a population including Pembroke of 39,740. The ratio of officer to citizens is therefore envisaged to be 1:559.

18. The Service currently operates out of a police facility located at 169

William Street in Pembroke. The Detachment is located at 1913

Petawawa Boulevard in Petawawa, a neighbouring town to Pembroke. The latter location will continue to be the host building for the Detachment, but under the proposal there will be a new satellite location of the Detachment within Pembroke at 227 Lake Street.

19. Once the city decided to request a costing from the OPP to provide police services to Pembroke, various correspondence was sent and meetings held, all of which gave rise to the Application. The chronology of events was the following:

a) December 10, 2010 – Mr. Terry LaPierre, Chief Administrative Officer (the “CAO”) wrote the Honourable Jim Bradley, Ontario Minister of Community Safety and Correctional Services (“MCSCS”), advising that Pembroke City Council was considering obtaining a costing from the OPP to provide policing services to Pembroke;

b) January 5, 2011 – the CAO was advised by Ian Davidson, Deputy Minister of MCSCS that the OPP would contact him and that a resolution enacted by Council would be necessary;

c) January 24, 2011 – the CAO wrote to Mr. Davidson advising that Council was requesting an OPP costing, and he attached a certified true copy of Council Resolution 005 requesting MCSCS approve of the costing being undertaken for the City;

d) February 10, 2011 – Mr. Davidson responded to the CAO indicating that approval had been granted for the OPP to propose a costing for the City and that the OPP had been so notified;

e) April 12, 2011 – the first meeting between City officials and the

OPP occurred;

f) April 19, 2011 – the OPP attended a City Council meeting and met with its members;

g) April 28, 2011 – the OPP attended a Board meeting and met with members. The main concern of the Board was the ongoing use of the current police facility in Pembroke;

h) May 2, 2011 – Service Chief Hawkins provided information to the

OPP which was necessary for the OPP to make its proposal;

i) June 22, 2011 – OPP personnel conducted a site visit at the

Pembroke police facility to make an assessment of the building;

j) July 14, 2011 – a committee of Pembroke representatives (the “Proposal Committee”) met with the OPP and members of Infrastructure Ontario in Kemptville to view a recently built detachment facility;

k) August 31, 2011 – the Committee met with the OPP who told Committee members that the current Pembroke police facility would not be considered adequate for the OPP to use;

l) November 28, 2011 – at another meeting between members of the

Committee and the OPP a draft proposal was discussed;

m) December 13, 2011 – internally, the OPP decided to remove from the proposal the 2 full-time equivalent (“FTE”) positions for the Chief and Deputy Chief of the Service based on the belief that these two officers would not be transitioning to the OPP;

n) January 23, 2012 – the OPP decided to prepare two different options for the Committee and City Council. One model would consist of a stand-alone OPP service for Pembroke with 32 FTE uniform positions. The other would consist of an integrated Detachment proposal (the “Integrated Detachment Proposal”) with

30.70 - 28.70 FTE uniform positions;

o) February 14, 2012 – the OPP presented its proposal to City

Council in chambers, at a special meeting of Council;

p) February 16, 2012 – a special meeting of Council was held to hear about the proposal from the Committee and the City Treasurer. Mayor Jacyno reminded residents, ratepayers, business owners and organizations in the City to provide their input to City Council by way of the City’s website;

q) February 22, 2012 – a special Town Hall meeting was held to enable citizens and businesses to have their say in whether Pembroke should maintain the Service or have the community served by the OPP;

r) March 13, 2012 – a special meeting of City Council took place to receive presentations;

s) March 20, 2012 – City Council voted 8 - 1 in favour of a motion to direct the Mayor and CAO to execute on behalf of Council an agreement between the City and the OPP whereby the OPP would provide policing services to the City, beginning on a mutually acceptable date in 2013;

t) April 23, 2012 – the OPP advised that the current Service facility could be retrofitted to meet standards adopted for a temporary facility while a new facility was being constructed;

u) May 1, 2012 – the CAO wrote to the Commission requesting a s. 40 disbandment of the Service; and, on

v) June 19, 2012 – Council voted 7 - 2 in favour of authorizing an agreement with MCSCS to have Pembroke policed by the OPP. By-law No. 2012-36 was passed to confirm this.

20. Details of the OPP proposal were requested by the Commission. These together with answers to questions raised by the Commission were provided by the City and its legal counsel. The Table of Contents for the initial details provided to the Commission is reproduced as Appendix “A” to this Decision.

21. In accordance with its practice in s. 40 disbandment matters, the Commission decided that a public meeting would be held in Pembroke to formally consider the OPP proposal. The public meeting was scheduled for and held at 3 p.m. on Tuesday, January 8, 2013.

22. Notice of the Commission’s public meeting was published in each of the

Pembroke Observer and the Petawawa News on both December 27,

2012 and January 3, 2013.

Exhibits

23. The following were tendered as exhibits at the Public Meeting:

Exhibit 1A – City of Pembroke policing proposal from the OPP and materials furnished by the City;

Exhibit 1B – letter dated December 14, 2012 with attachments from David Migicovsky to the Commission in response to questions from the Commission;

Exhibit 2 – speaking notes of Mayor Jacyno for address given at the public meeting;

Exhibit 3 – speaking notes of Board Chair Lemay for address given at the public meeting;

Exhibit 4A – OPP presentation at the public meeting given by Sgt. Paul Legault;

Exhibit 4B – Upper Ottawa Valley Integrated Detachment Model line organization from Sgt. Legault;

Exhibit 5 – media articles about the OPP from Mr. Behnke; and

Exhibit 6 – written submissions from Mary Higgison, former dispatcher with the Service.

The Law

24. Policing in Ontario is governed by the Act. Pursuant to s. 4(1) of the Act, a municipality must provide “adequate and effective police services in accordance with its needs”. Under s. 5 of the Act, this can be accomplished by the municipality:

a) establishing and maintaining its own police force;

b) entering into a joint policing arrangement with another municipality that is contiguous; or

c) contracting with another municipality or with the OPP for police services.

25. Under s. 5(1)6 and s. 40(1) of the Act, where a municipal police force has been established, it can only be disbanded or abolished with the approval of the Commission.

26. The consent of the Commission is subject to two requirements.

27. First, under s. 4(1) and 40(1) of the Act, the Commission must be satisfied that what is being proposed to replace the existing arrangement would allow for the continuation of adequate and effective policing for

the community in question.

28. Second, under s. 40(2) and (3) of the Act, the Commission must be satisfied the employees of the police service are dealt with in a fair manner. Specifically, the Commission must be satisfied that any employee whose job will be terminated if the proposal is approved has reached a severance agreement with the police services board, or agreed to submit the matter to arbitration. If there is no agreement either with respect to settlement or arbitration, the Commission may order the matter to arbitration.

29. If the two requirements are met, the Commission may then authorize the municipality to enter in a new policing arrangement.

Proposal by OPP

30. Pembroke Council wishes to implement the OPP proposal by which the City is to be policed by the OPP as a separate zone in the Integrated Detachment.

31. The Integrated Detachment Proposal shows a reduction to the current complement of uniform officers by two. The reason for this is that the Integrated Detachment will not require the positions of the Chief and Deputy Chief of the Service. These positions are purely administrative in nature, the functions of which will be performed by the senior officers of the Integrated Detachment.

32. Under the Integrated Detachment Proposal, there will be no loss of uniform officer hours to serve the policing needs of the City.

33. The augmentation to the Integrated Detachment to take into account policing in the City will be (expressed in FTE terms):

a) Inspector – 0.35

b) Staff Sergeant – 0.35 c) Sergeants – 6.00

d) Constables – 22.00

This assumes that the positions of the Chief and Deputy Chief of the

Service will not be filled in the Integrated Detachment.

34. The Integrated Detachment strength (expressed in FTE terms), assuming the Integrated Detachment Proposal is implemented, will be the following:

a) Inspector – 1.00

b) Staff Sergeant – 1.00

c) Sergeants and Constables – 69.00

Again, this assumes that the positions of the Chief and Deputy Chief of the Service will not be filled in the Integrated Detachment.

Analysis and Comparators

35. The OPP has utilized a specific proposal development methodology since 1991 which includes the following analytical factors: (1) workload analysis; (2) deployment issues; (3) community consultation and needs analysis; and (4) calls for service analysis.

A. Workload Analysis

36. This factor takes into account the total hours related to calls for service and officer availability.

37. The Criminal Code calls for service in the City over a three year period were counted.

38. The OPP has developed a standardized calculation of the average time required to investigate each type of incident from the time of the initial call until completion of the investigation including court disposition.

39. Similarly, an administrative support factor is derived from daily activity reports submitted by front-line officers across the Province and is added to the hours derived from the particular municipality’s calls for service. This information is added to obtain the total hours required to provide

the policing service to the community.

40. Officer availability is determined by examining the amount of time an officer is available for front-line services which averages 1,467 hours per officer per year allowing for non-front-line service time for such factors

as vacation and sick leave etc. That figure is then divided into the total hours required to provide police services to arrive at the number of

officers required.

B. Deployment Issues

41. In analyzing this factor, the need for officer safety, geographical size of patrol areas and community service requirements are examined.

C. Community Consultation and Needs

42. In analyzing these factors, there are discussions with members of the community, municipal representatives and police personnel to confirm the existing level of police service and ensure that the proposed policing options meet the needs and desires of all stakeholders. The municipality’s proposal outlines the activities undertaken to engage and obtain input from such stakeholders.

43. The municipality indicated that it wanted to maintain the same level of front-line service.

D. Calls for Service

44. In arriving at its proposal, the OPP analyzed calls for Criminal Code matters handled on a three year average from 2008 to 2010. The Service had 1,047 calls and the Detachment had 1,173 per annum. The Service had a ratio of 35 calls per officer: the Detachment’s ratio was 27 calls per officer. Had the Integrated Detachment been in existence over the same period, a total of 2,220 calls would have been handled by 71 officers, or a ratio of 31 calls for each officer.

E. Police Population Ratio

45. Currently the police to population ratio for the Detachment is 1 to 650 based on a population of 27,964 and 43 uniform positions in the Detachment. For the City, the same ratio is 1 to 391 based on a population in the City of 11,740 and the authorized current strength for the Service of 30 uniform positions.

46. Under the Integrated Detachment Proposal, the ratio of the Integrated Detachment to population ratio would be one to 559 based on a combined population of 39,704 and a uniform officer strength of 71.

F. Civilian Resources

47. The current civilian staffing of the Service consists of eight full-time members (three administrative clerks and five Court Special Constables) and 10 part-time Court Special Constables. The Detachment currently employs three civilian members.

48. Under the Integrated Detachment Proposal, the Integrated Detachment will employ four administrative clerks and six Court Special Constables.

G. Auxiliary Police Resources

49. The Service has no Auxiliary Police Officers. Under the Integrated Detachment Proposal, there will be 24 Auxiliary Police Officers operating out of the Detachment. Auxiliary Police Officers attend or participate in parades, work on traffic control, attend community service and major events.

H. Other Police Resources

50. The Service has a Criminal Investigations Unit (“CIU”) consisting of two Constables supervised by a Sergeant. The Detachment has a CIU consisting of two Detective Constables.

51. Under the Integrated Detachment Proposal, incidents of a major criminal nature in Pembroke will be handled by a CIU from the Integrated Detachment. It will be headed by two Detective Sergeants supervising nine Detective Constables. Of those nine, two will specialize in drug investigations and one will specialize in abuse issues. One Detective Sergeant and four of the Detective Constables will be assigned to Pembroke investigations and issues. The Detective Constables will specialize in areas such as street crimes, youth crimes and drug enforcement.

52. Regarding court case management, the Service has one Sergeant, one Constable, two civilian staff and six Special Constables assigned. The Detachment currently has two full-time officers responsible for court case management.

53. All court case matters arising from incidents in the City are heard there.

Under the Integrated Detachment Proposal, there will be three full-time officers who will provide court case management, one of whom will be assigned to Pembroke. A clerk will support the three officers. Court

security will be provided by six Special Constables.

54. The Service has a dedicated full-time officer responsible for community service. The Detachment also has one officer performing this function and handling media requests as well.

55. Under the Integrated Detachment Proposal, the Integrated Detachment will have three officers assigned to community services, two for Pembroke. They will work full-time in the schools and building relationships with residents of the City. The officers will also establish a “Community Policing Committee” composed of volunteer residents of Pembroke committed to improving community based policing within the City.

56. The Integrated Detachment Proposal contains information about Detachment resources, and those of the OPP in the Province available from OPP Regional Headquarters. East Region Headquarters provide administrative and operational support to OPP East Regional detachments, including the Detachment.

I. Shift Scheduling

57. Currently, the Service officers (Sergeants and Constables) assigned to frontline duties are on 12 hour rotational shifts of two day shifts, two night shifts with a period of four days off in between shifts. The Sergeants commence their tour of duty at 6:00 a.m. for day shift, and at

6:00 p.m. for night shift, and the Constables commence their tour of duty at 7:00 a.m. for day shift, and at 7:00 p.m. for night shift. The Service officers assigned to detective office duties are on 10 hour shift four days a week. The Service Traffic Officer is assigned to a 10 hour shift of four days a week. The Deputy Chief and Chief of Police normally work Monday to Friday from 8:00 a.m. to 4:00 p.m. The administrative

support staff, including civilian staff and the Community Services Officer, Court Officer and the Administrative Sergeant are on an administrative five day, eight hour schedule.

58. The Detachment platoon members (Constables and Sergeants) are on a

12-hour rotational shift. Currently, there are four platoons. CIU

members (Detective Constables and Detective Sergeants) work a 10 hour rotational shift. The Detachment Commander and Administrative

Sergeant work an 8 hour shift Monday to Friday 8:00 a.m. to 4:00 p.m. The administration support staff work a compressed work week

comprising of nine hour shifts; Monday to Thursday 7:30 a.m. to 4:30 p.m. and Friday 7:30 a.m. to 4:00 p.m. Once a month each of the administration staff have a Friday and a Monday off.

59. The Integrated Detachment Proposal calls for 24 hour proactive and reactive coverage of Pembroke. This is achieved through rotating 12 hour shifts on a four platoon roster commencing at 7:00 a.m. and 7:00 p.m. Each platoon will be comprised of eight Constables and a Sergeant/Shift Supervisor assigned to front line duties. Four of the Constables would be assigned to Pembroke. CIU (Detective Constables and Detective Sergeants) will work a 10 hour rotational shift. The Detachment Commander, Staff Sergeant and Sergeant Contract

Manager will work an eight hour shift. The administration support staff will continue to work the compressed work week as described above. There will be 2.04 (in FTE terms) administration support staff assigned to the Pembroke zone and they will work an eight hour shift Monday to Friday 8:00 a.m. to 4:00 p.m.

J. Patrol Zones

60. Currently, the Service patrols the City as a single patrol zone.

61. The Detachment provides policing to seven communities, including municipal police services delivered under contract to the communities of the Township of Admaston-Bromley, the Town of Laurentian Hills and

the Town of Petawawa. Currently, the Upper Ottawa Valley Detachment has the following identified Patrol Zones: Petawawa (Zone 1), South

Upper Ottawa Valley (Zone 2), North Upper Ottawa Valley (Zone 3), Upper Ottawa Valley Marine (Zone 8) and Non OPP Upper Ottawa Valley (Zone 99).

62. It is proposed that the OPP will patrol the City as a new single patrol zone.

K. Supervision

63. The Service has a Chief of Police, a Deputy Chief of Police and six Sergeants providing supervision to the 24 Constables. Based on the above figures, the Constable to Supervisor ratio is 3 to 1. The Detachment has one Staff Sergeant (Detachment Commander) and five Sergeants providing supervision to 37 Constables. The Constable to Supervisor ratio is 6.2 to 1.

64. Under the Integrated Detachment Proposal, the Detachment Commander will be responsible for the management of the Detachment which would include the City. An additional Inspector position (Detachment Commander) will be created within the Detachment structure. One Staff Sergeant will provide operational support and administrative support for the City.

65. Under the Integrated Detachment Proposal, the Constable to Supervisor ratio would be 5 to 1. This would be based on one Inspector, one Staff

Sergeant and 10 Sergeants to 59 Constables. A full-time dedicated Contract Sergeant position will be included to provide support to the City. Two Sergeants will be assigned to each platoon, with one of the Sergeants assigned to the Pembroke zone. These Sergeants will be responsible for the supervision of officers working out of the Integrated Detachment and will provide front-line supervision to the Constables within the City zone. Additionally, there is operational supervision available from the on-duty Sergeants at the Provincial Communications Centre (“PCC”) in Smith Falls 24 hours a day, seven days a week.

L. Police Facilities

66. The current Service building is located at 169 William Street in Pembroke. During the OPP costing and proposal preparation, the OPP told City Council that while the current building could be retrofitted to meet standards for a temporary facility, a new facility would have to be constructed.

67. The main office of the Detachment is located at 1913 Petawawa Boulevard in Petawawa. It will continue to be the host building for the Detachment.

68. City Council authorized the purchase of a building at 227 Lake Street to develop it into a new facility to house the Integrated Detachment’s needs for a police facility in Pembroke under the proposal. It is hoped the new facility will be open sometime later in 2013. The OPP will provide

policing services in the City prior to the new facility being opened. Officers will deploy from the Detachment building in Petawawa.

M. Police Facility – House of Operation

69. The current Service facility is open and accessible to the public 24 hours a day, seven days a week. Detachment headquarters is open to the public Monday to Friday from 8:00 a.m. to 4:00 p.m. For service outside these hours, a telephone located at the front of the Detachment building has a direct line to the PCC in Smith Falls for the public to contact the OPP.

70. The satellite location at 227 Lake Street, when it is opened, will be open to the public Monday to Friday from 8:00 a.m. to 4:00 p.m. For service

outside these hours, a telephone will be located at the front of the building with a direct line to the PCC in Smith Falls.

N. Additional Equipment

71. The Integrated Detachment Proposal indicates that the OPP will review the Service’s current inventory of policing-related equipment to determine if any equipment would be suitable for use by the OPP in delivering police services to the City. If so, the City will receive a credit should the City and the OPP agree on the purchase of any of these items.

O. Service Facilities (Lockups)

72. For long-term incarcerations of males and females, both the Service and the Detachment utilize the Ottawa Carleton Detention Centre located at

2244 Innes Road in Orleans (Ottawa). Both utilize a number of youth detention centres in the Ottawa area. A one-way trip takes two to two

and a half hours.

73. The Detachment has two cells, suitable for short-term lockups. There are no youth detention cells. The Service has two cells in the basement of its current building, but no youth detention cells.

74. There are six guards on a callout list to provide live visual monitoring of any person in police custody. Guards are trained in first aid and CPR. The OPP is and will continue to be responsible for transporting prisoners to the Ottawa Carleton Detention Centre and youth detention centres.

P. Court

75. All court matters arising from incidents in the City are heard within Pembroke. Under the Integrated Detachment Proposal, while officers are in court, other officers from the Detachment will provide coverage for the City.

Q. Communications

76. A PCC is the incoming call centre and acts as the primary interface for both routine and emergency calls, including 9-1-1 calls. The OPP

currently has five PCC’s, all operating in conformity with Ontario Regulation 3/99 enacted under the Act dealing with adequacy standards. As indicated above, the Eastern Ontario PCC is located in Smith Falls.

77. PCC’s are operated with redundancy in mind. If the Eastern Ontario PCC becomes inoperable, the Orillia PCC will instantly pick up communications for it. There are also failure mechanisms in place to correct an interrupted power supply. Communications in the field are based on a FleetNet Radio system with communication towers strategically placed throughout the area providing interconnected communications within talk groups.

78. Residents of Pembroke will not experience any changes with regard to the 9-1-1 system.

79. The Smiths Falls PCC is well staffed with officers, administrators and operators.

R. Transition Planning

80. The OPP plans to have all Service members who are transitioning to the OPP involved in joint orientation patrols with OPP officers from the Detachment.

81. Those transitioning Service officers will attend an OPP orientation course at OPP General Headquarters in Orillia, and will also receive training in a number of policing areas.

S. Police Records

82. Both the Service and the OPP currently use the Niche RMS police records management system.

83. CPIC files relating to Pembroke will be transferred to the PCC in Smith Falls on implementation of the Integrated Detachment Proposal. All police records and indices involving Pembroke will be maintained consistent with the requirement of the OPP Records Management System.

Submissions at the Public Meeting

A. Mayor Ed Jacyno

84. Mayor Jacyno explained that City Council made the very difficult decision to pursue the OPP Integrated Detachment proposal not because of any dissatisfaction with the Service, but rather solely for economic reasons.

85. The decision came down to the ever increasing costs of maintaining the Service and the ability of local ratepayers to sustain such costs in conjunction with financing the myriad of other expenses associated with living in a small community with a limited tax base.

86. The decision to request an OPP costing was made to compare it to the cost of maintaining the Service. Local residents, ratepayers, businesses and organizations were publicly invited to learn about the proposal and provide input in a variety of ways including the City’s website and numerous meetings open to the public. In addition, there was extensive media coverage.

87. Regarding facilities, the City has purchased a building in its central business district. Upon completion of renovations, it will be the Pembroke satellite station for the Integrated Detachment. Adequate financing has been secured for renovations and necessary work expected be completed around September 2013.

88. The reduction of two positions, those of the Chief and Deputy Chief, will not affect policing adequacy as their jobs were strictly administrative in nature. The current Chief and Deputy Chief will be retiring and are in full support of this reduction.

B. Mike Lemay (Chair of the Board)

89. The Service was providing adequate and effective policing to Pembroke.

After reviewing the Integrated Detachment Proposal and having the

OPP respond to questions and concerns of the Board, the Board notified

City Council that the Integrated Detachment Proposal would also

provide adequate and effective police services to Pembroke.

90. The rising cost of policing with no end in sight was the only reason to seek the disbandment of the Service.

91. The Chief and Deputy Chief will retire on the day the OPP commences policing in Pembroke.

92. A contract has been negotiated with the uniform members of the Service, holding in abeyance article 31 which addresses severance and disbandment. Regarding civilian members of the Service, the

Association requested negotiations to be suspended until an arbitration hearing is held for the civilian dispatchers. The Board is confident of

reaching negotiated settlement on severance packages.

93. The Board would prefer to be re-established under s. 10 of the Act. The Board believes that it is important to show the public that they will continue to have input into police oversight through the Board. Mr. Lemay was also encouraged by the OPP adopting the Board’s existing Business Plan.

C. Paul Legault

94. Mr. Legault is a Sergeant with the OPP. He presented the Panel with a hard copy of a slide presentation made at the public meeting. He also presented a line organization chart of how the Integrated Detachment would look assuming the Integrated Detachment Proposal was approved and implemented.

95. Sgt. Legault reviewed the steps in the costing exercise undertaken with the City. He also explained that the OPP has 119 policing contracts serving 150 municipalities. All but one are on an integrated model. In addition, the OPP polices 172 municipalities in a non-contract relationship.

96. Sgt. Legault said that the OPP will enforce municipal by-laws, except those dealing with building standards and animal control which the City would have to look after.

D. Jeff Smith

97. Mr. Smith is an Inspector with the OPP. He is acting commander of the Detachment. Insp. Smith reviewed the slide from Sgt. Legault’s presentation dealing with the community services and programs the OPP offers for youth and the community.

98. Insp. Smith also reviewed the transition planning and training for members of the Service transitioning to the OPP. The OPP will also instruct and assist City Council and the Board in understanding OPP policing for Pembroke.

99. He indicated that the OPP will need about three months to train the transitioning officers and to offer employment. He indicated that the City will be adequately policed with 28 officers.

E. Jamie Holt

100. Mr. Holt is a Constable with the Service. He is the President of the Association. He confirmed severance negotiations are taking place. He had no submissions to make about the OPP proposal.

101. In response to a question, Const. Holt indicated the Association could live with a Commission imposed condition of arbitration for severance taking place if agreements were not in place 90 days after a favourable Commission decision.

F. Elwyn Behnke

102. Mr. Behnke is not a resident of Pembroke but lives nearby. He tabled media reports of the Auditor-General raising issues regarding the OPP. He stated that the Service is good, and questioned why the OPP should take over policing in Pembroke.

G. Mary Higgison (written submissions only)

103. Ms. Higgison was a senior dispatcher with the Service whose job was lost when the dispatching function was contracted to the Owen Sound Police Service in 2012. She indicated that there were outstanding

issues to be addressed before consent is given by the Commission to the City.

104. She referred to a number of issues with regard to the dispatch function for Pembroke being handled by Owen Sound. She also referred to “unfinished business” in that severance for the terminated dispatchers of the Service has not been finalized, although she indicated an arbitration hearing is scheduled for February 14, 2013.

105. Ms. Higgison also raised an issue regarding seniority, and made the assertion that the Board repeatedly delayed the arbitration hearing for the former dispatchers of the Service.

Reasons for Decision

1. Adequate and Effective Police Services

2. Section 4(1) of the Act requires the City to provide adequate and effective police services in accordance with its needs.

3. Section 4(2) of the Act sets out the minimum for adequate and effective services:

a) crime prevention;

b) law enforcement;

c) assistance to victims of crime; d) public order maintenance; and e) emergency response.

108. Section 4(3) of the Act requires a municipality, in providing adequate and effective police services, to have the infrastructure and administration necessary which includes vehicles, boats, equipment, communication devices, buildings and supplies.

109. However there is no definition in the Act of “adequate and effective police services”. So one has to look at past decisions of the Commission and certain sections of the Act in dealing with this subject.

110. Generally speaking, past decisions of the Commission on applications under section 40 of the Act have been dealt with on a comparative basis, namely, how does the proposed policing model and structure compare

to what has been historically in existence. If it is generally comparable and if past staffing levels were considered adequate, then the proposed

or current level is presumed and considered to be “adequate and effective”.

111. The Service currently provides police services to the City. The population of Pembroke is approximately 11,740. There are 30 uniformed officers including a Chief and Deputy Chief. Those numbers lead to a ratio of one officer for every 391 residents. The dedicated strength in the City under the proposed OPP Integrated Detachment Model would be 30.70 (in FTE terms). Therefore the police to population ratio would remain quite similar. Both the current and proposed ratios for the City are favourable when viewed in the national

and provincial context. On the latter point, we note that past Commission decisions have approved ratios of officers to population significantly

higher than proposed in this case.

112. For such numbers to be meaningful they must be reviewed in the context of officer workload.

113. Based on a three year average, the Service has handled 1,047 Criminal Code calls per year with its 30 uniform officers. Over the same period, the Detachment has handled annually an average of 1,173 Criminal Code calls with its complement of 43 uniform officers. The Service’s ratio is 1 to 35. The Detachment’s ratio is 1 to 27. Combining the two, there would be an annual average of 2,220 Criminal Code calls handled by 71 uniform officers, or a ratio of 1 to 31.

114. The average officer to Criminal Code incidents over the last 10 years in Canada (2001 to 2010) has ranged from 41.3 to 30.3 (Statistics Canada, “Police Resources in Canada – 2011”, Catalogue no. 85-225-X). Therefore, the Integrated Detachment average ratio of 1 to 31 would be manageable and within the national average.

115. There are also clear benefits to Pembroke having volunteer auxiliary officers (none now for the Service, to 19 for the Integrated Detachment); police officers with specialized training, increased numbers and additional equipment in the Detachment, and the availability of OPP officers with specialized training in a large number of fields.

116. The proposed communications arrangement is that calls for service will be handled by the Smith Falls PCC. It has redundancy features to ensure that calls are answered and responded to. As is consistent with its past practice, we expect that mapping of the City will be done so that communicators in the PCC will know the street layout and addresses in Pembroke.

117. The OPP will create a new zone for the City within the Integrated Detachment, providing dedicated Constables to it and also supervisory personnel.

118. The Integrated Detachment will use, when it is ready, a building at 227

Lake Street in Pembroke as a satellite facility for the Integrated

Detachment. Although the building will not be open 24 hours, seven days a week, it will be open during regular business hours. When the

building is not open, members of the public wishing to contact the police will be able to do so by using a telephone at the front of the building which will connect them immediately to the Smith Falls PCC who will

then determine the appropriate response.

119. Having reviewed the Integrated Detachment Proposal filed as part of Exhibit 1 and considered the oral and written submissions received, the Panel has concluded that the proposed staffing levels, consolidation of management and administrative functions, the introduction of significantly more auxiliary officers, the access to the broad range of OPP support services and equipment will provide a policing service at a level at least equivalent to if not exceeding the current level of service to all of the City’s residents.

120. The Integrated Detachment Proposal will allow for an officer to citizen ratio, officer to crime ratio and supervisor to officer ratio well within current national and provincial standards.

121. We would like to address the issue of the potential loss of the expertise, goodwill and social engagement between the current staff of the Service and the citizens of Pembroke that some feel may occur if policing is transferred to the OPP. We note that the Integrated Detachment Proposal provides for, within OPP hiring guidelines, the offering of employment to all current officers of the Service, other than the Chief and Deputy Chief. No doubt a majority, if hired, will initially elect to be placed by the OPP in the community which will continue to benefit from their knowledge and expertise regarding the City and its residents.

122. We would like to address the possibility of officers assigned to Pembroke being required in other areas policed by the Integrated Detachment and the reverse possibility of Integrated Detachment officers from outside having to answer calls for service in Pembroke. While this may occur from time to time, we note that the Integrated Detachment Proposal clearly commits the OPP to assigning the

specified number of uniform officers to dedicated services within the City and to meet the response times as stated in the Integrated Detachment

Proposal.

123. With regard to the proposed policing facilities, communications and equipment, the officers of the Integrated Detachment will continue to deploy from a facility in Pembroke, once renovations have been completed, and until then, from Detachment headquarters in Petawawa.

124. Concerns were expressed that an Integrated Detachment facility will only be open to the public during normal business hours. However, we are satisfied that the arrangements to provide a telephone service at the building and the fact that dispatch services will be handled by Smith

Falls PCC will provide effective communications access to policing services.

125. Such concerns have been previously expressed when the Commission approved the transfer of the Service’s dispatch service to Owen Sound Police Service in 2012, namely, that dispatchers may not be familiar with the municipality. The Integrated Detachment Proposal calls for training

of OPP dispatch staff about all features of the City.

126. In its decision in City of Orillia (January 17, 1996, OCCPS) the

Commission stated:

Concern was expressed about having the dispatching function operate from Barrie. It must be noted that the dispatching function in many parts of Ontario is not located in the community that it directly serves. This is true of both the Ontario Provincial Police and a number of municipal police services. To our mind the measure of “adequacy” is not

where such a service is based, but how well it is organized and managed. This is certainly something in which the

Ontario Provincial Police has expertise.

127. We agree with that statement.

128. The jurisdiction of the Commission is outlined at the beginning of this decision. Challenges have been expressed to the process involved in arriving at the decision of City Council to seek alternative policing services, and also the costs of providing such services. Those challenges are not within the mandate of the Commission in the application of s. 40 of the Act.

129. Therefore, the Panel has concluded that the OPP Integrated

Detachment Proposal which City Council has voted to accept will enable the City to continue to provide adequate and effective police services in accordance with the needs of Pembroke. The first test under s. 40 is met.

2. Termination Arrangements

3. The Panel was advised at the public meeting on January 8, 2013 that severance arrangements with the Chief, Deputy Chief, uniform members and civilian members of the Service had been discussed, but no agreements are yet in place.

4. At the public meeting, those concerned with severance arrangements understood that if the Commission approves the Integrated Detachment Proposal, the Commission will provide a condition that if all severance arrangements are not finalized within 90 days after the Commission’s decision, arbitration will be ordered.

5. By imposing that condition, the second test under s. 40 will be met.

Decision and Order

133. The Commission consents to the City’s request under s. 40 of the Act to abolish the Service to permit policing under contract with the OPP based on the Integrated Detachment Proposal. Subject to the following condition, the Commission consents to the termination of all current members of the Service.

134. The above consent is subject to the condition that the Board and each of the Chief, Deputy Chief, uniform members of the Service and civilian members of the Service shall have a maximum of 90 days from the date of this Decision to agree on severance arrangements. If no agreement

is reached by the end of the 90 day period with any of the aforementioned people or groups, the Commission orders that the

arrangement for that person or group shall forthwith proceed to arbitration under the Act.

135. A copy of the agreement between the City and the Government of Ontario implementing the Integrated Detachment Proposal is to be filed with the Commission forthwith upon its signing.

DATED AT TORONTO, THIS 19th DAY OF FEBRUARY, 2013.

David C. Gavsie Roy Conacher Q.C.

Chair, OCPC Member, OCPC

APPENDIX A

Table of. Contents

Background ………………………………………………………………………………………………5

Decision to Request a Costing from the Ontario Provincial Police……………………..5

Consultation Process………………………………………………………………………………………………………..6

Presentation of the OPP Policing Proposal to Council ……………………………………...10

Community Consultation Process………………………………………………………….11

Town Hall Meeting·……………………………………………………………………………………12

Special Council Meeting arid Information Session…………………………………………13

Decision of Council ………………………………………………………………………………………………14

Section 40 Disbandment Hearing Pembroke Police Service …………………………………15

Basis for Proposal ………………………………………………………………………………………….. 17

Factors Considered in the Development of an OPP Costing Proposal …………..……...17

1. Workload Analysis ………………………………………………………………………….17

2. Deployment Issues…………………………………………………………………………18

3. Community Consultation and Needs ………………………………………………...18

4. Calls for Service Analysis City of Pembroke...................................19

Table A……………………………………………………………………….…………………………….…19

Analysis of Criminal Code Calls for Service per Officer ……………………………………19

Tables·…………………………………………………………………………………………………………………………………… 19

Ratio of Criminal Code Calls for Service per Officer ………………..…………………….19

Policing the City of Pembroke........................................................................................................ 23

Police Resources - Current Structure....................................................................................... 23

Table C..................................................................................................................................... 23

Pembroke Police Service Current Authorized Staffing ...........................................23

Proposed Structure......................................................................................................................... 23

Table D..................................................................................................................................................:-... 23

Proposed Upper Ottawa Valley Detachment Integrated Model"(City of Pembroke

dedicated strength only)................................................................................................................ 23

Table E....................................................................................................................................... ...... 24

Proposed Upper Ottawa Valley Detachment Integrated Model Staffing Proposal

(Current strength and the City of Pembroke dedicated strength) .................................... 24

Analysis of Police to Population Ratio ..................................................................................... 24

Civilian Resources.............................................................................................................................................. 25

Auxiliary Police_ Resources........................................................................................................... 25

Other Police Resources ...................................................................................................................... 25

Criminal Investigations Unit......................................................................................................... 25

Court Case Management.-................................................................................................................. 26

Community Services.............................................................................................................................. 26

Other Specialized Training ............................................................................................................. 27

Table F ..........................................-....·..................................................................................................... 27

List of Officers with Specialized Training................................................................................ 27

Shift Scheduling........................................................................................................................................... 28

Patrol Zones ........................................................................................................................................ 29

Supervision ……………....................................................................................................................... 29

Police Facilities………………………………………………………………………………………… 30

Pembroke Police Services Building……………………………………………………………… 31

Current Facilities ……………………………………………………………....................31

Proposed New Facility.....................................................................................................................31

Police Facility Hours of Operation ..........................................................................................31 Additional Equipment........................._................................................................................................................................33

Table G-Equipment ..................................................................................................................... 33

Secure Facilities (Lockups)..............................................................;................................................ 34

Court .................................................................................·..........·............................................................. 34

Communications ……………………………………………………………………………………... 34

Transition Planning.........................................................................................................................36

Other Items................................................................................................................................................ 36

Strategic/Business Planning................................................;………….....................................36

Police Records ......................................................................:.....·.................................................... 37

Other Detachment Policing Responsibilities .......................................................................... 37

Municipal Responsibilities........................................................................................................ 37

Analysis of Criminal Offences to Officer:............................................................................. 38 Proposed Policing Structure Full Time Equivalent (FTE) Resources ......................... 39

TableH,............................................................................................................................................ 39

Proposed Policing Structure FTE Resources ..................................................................... 39

Provincial Responsibilities........................................................................................................ 39

Appendix "A"........................................................................................................................................ 41