OCPC-DSB #13-03
2013 ONCPC 4003
ONTARIO CIVILIAN POLICE COMMISSION
In the matter of an application for consent to the reduction of the Port Hope Police Service
Under Section 40 of the Police Services Act
DECISION
Panel: David C. Gavsie, Associate Chair Jeffrey L.D. King, Member
Public Meeting Date: October 2, 2013
Meeting Location: Port Hope, 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:
Liz Stewart, Chair of Port Hope Police Service Board Kevin McAlpine, Chief of Port Hope Police Service William Sorenberger, Chief of Owen Sound Police Service Glenn P. Christie, Counsel to Port Hope Police Service Board Linda Thompson, Mayor of Port Hope Rod Ewing, Member of the Public Wilfred Day, Member of the Public Paul Spencer, President of the Port Hope Police Association
Background
This is an application (the “Application”) submitted to the Ontario Civilian Police Commission (the “Commission”) by the Port Hope Police Services Board (the “Board”) pursuant to section 40 of the Police Services Act R.S.O. 1990, c.P. 15, as amended (the “Act”) for the Commission’s consent to terminate the employment of six civilian members of the Port Hope Police Service (the “Service”). The positions to be terminated consist of six communicators (the “Affected Employees”). Such terminations are being made for the purpose of having the Service’s communications and dispatch services contracted out to the Owen Sound Police Service (“Owen Sound P.S.”).
Pursuant to the Commission’s practice with regard to an application under section 40 of the Act, a public meeting is held in the affected location to give residents an opportunity to comment on the application.
In this case, a public meeting was convened in Port Hope on October 2, 2013 at 4 p.m., notice for the meeting having been given in the Northumberland News in both English and French on September 19, 2013 and in Northumberland Today on September 23, 2013.
Application
- The Application was sent to the Commission by Liz Stewart, Chair of the Board, on June 10, 2013. It reads in part as follows:
The Port Hope Police Service Board (PHPSB) is applying to OCPC under Section 40 of the PSA to obtain consent for the termination of employment of six (6) civilian members of the Service. The PHPSB has decided that, subject to the OCPC consent, the Service would be restructured by outsourcing the functions of the Communications Unit. This outsourcing would render six civilian positions surplus.
The Terms of the Civilian Collective Agreement specify civilian members to be terminated from employment would not necessarily all be from the Communications Unit as termination would be by seniority. However, the PHPSB and the Port Hope Police Association (the “Association”) have come to a tentative agreement to address how civilian members will be dealt with. This agreement is outlined in the attached Agreement in Principal (attachment 5.B.ix)
In the event that efforts to finalize the Agreement with the Association are unsuccessful, the Board will conduct the layoffs in accordance with the Civilian Collective Agreement. The Board agrees to severance arbitration under section 40 (2) of the Police Services Act and would also consent to an OCPC order pursuant to section 40 (3) if necessary. If required the appointment of an Arbitrator will be mutually agreed to by both legal representatives.
The outsourcing of the Communications Unit is the major change undertaken by the PHPSB in order to place the Service on a sound financial footing for the foreseeable future. Other changes include a change to the Service by reducing, through attrition, the authorized Uniform strength of the Service from 26 to 23 and by changing the office administration functions. These latter changes do not involve the termination of members’ employment and therefore the PHPSB is not making a section 40 application in respect of these changes.
Decision
Subject to the qualification set out below, the Commission consents to the Application.
Pursuant to its authority, the Commission orders that should there be any severance issues outstanding regarding the Affected Employees 90 days after the release of this Decision, the Parties shall proceed forthwith to arbitration as envisaged by section 40 (3) of the Act.
Background
There has been a significant amount of public debate and consultation about policing in Port Hope over the last 12 years. Generally, the discussions have determined that the residents of Port Hope are happy with the quality of the policing provided by the Service but there are significant concerns about the increasing costs of policing.
Since 2001, there have been 6 studies designed to identify cost efficiencies involving the Service. These studies have been carried out with the full knowledge of the public and have included significant public input regarding the views of residents and their preferences about policing.
Prior to 2001, the Town of Port Hope and Hope Township were two separate entities; the town was policed by the Service, the Township by the Ontario Provincial Police (OPP). When the Town and the Township were amalgamated to form the Municipality of Port Hope, Council considered the possibility of the Service policing the whole Municipality but decided against doing so, opting instead to maintain the status quo.
Over the course of a number of years, many residents within Port Hope considered whether the policing needs of the western portion of Northumberland County (the county within the Municipality of Port Hope resides) could be met effectively, but at a lesser cost, through a single service, either an amalgamated Municipal Police Service or the OPP. As a result, the option of one service policing all of West Northumberland was reviewed and declined in 2003.
In 2007/2008 the County of Northumberland undertook a county-wide study, considering all options. Ultimately, the status-quo was maintained with the decision of the seven participating Municipalities to maintain policing at the municipal level rather than uploading responsibility to the county level.
Consolidation of the Cobourg and Port Hope Communications Services was explored and rejected in 2008.
A joint policing arrangement for Port Hope and the Town of Cobourg to be undertaken by the Municipal Police Service was examined in 2009. A decision was made not to proceed with this option.
In an attempt to obtain effective police services at a management cost, the option of a single policing provider for the whole of the Municipality of Port Hope was studied in 2012. After an extensive public process and expert review, the Municipality decided to retain the dual provider model. Concerns about costs remained to be addressed on a going forward basis.
In October of 2012, Port Hope Municipal Council tasked the Board with identifying a long-term cost saving strategy for the overall operation of the Service.
The Board moved through a process of exploring various options and the potential cost savings associated with each. One area of consideration was Communications, which employs six civilian members. Since the cost of providing in-house communications and dispatch is significant, the Board examined the possibility of outsourcing the Service’s Communications functions. It contacted Police Services in other communities (i.e. Hanover, Pembroke) that have successfully outsourced their communications and dispatch while continuing to provide adequate and effective policing through a local provider. It was determined that the savings gained through divestment of communications and dispatch would allow the Board to manage a sustainable budget into the foreseeable future, thus ensuring the ongoing viability of the Service. On that basis, the Board decided to seek OCPC consent to terminate the employment of the six civilian members, effective December 31, 2013.
The Proposal
As of January 1st, 2014, the Board’s plan, conditional on the OCPC’s approval of the Application, is to enter into a five year contract with the Owen Sound Police Services Board for the provision of Communications and Dispatch Services for the Service, as outlined in the Board Request for Proposal, dated March 8th, 2013 and the Owen Sound P.S.’s responding Proposal.
With the Application, the Board submitted a binder of materials for the Commission’s review (the “Board’s Materials”). The index of the binder is appended to this Decision as Appendix “A”.
The Public Meeting
At the public meeting, twelve exhibits were filed:
Exhibit 1 – a copy of the front page and page 2 of the Northumberland Today dated October 31, 2012 filed by Wilfred Day;
Exhibit 2 – copy of a newspaper article respecting the Board’s intention to outsource communication services, filed by Wilfred Day;
Exhibit 3 – copy of page 1 and page 2 of the Northumberland Today dated February 21, 2013 filed by Wilfred Day;
Exhibit 4 – e-mail from Wilfred Day sent February 21, 2013 subtitled “Committee to Keep at Hope’s Police” giving notice of a Board meeting on February 21, 2013;
Exhibit 5 – agenda of Port Hope Police Service Board for a meeting of February 24, 2013;
Exhibit 6 - copy of Northumberland Today newspaper dated February 25, 2013 regarding the decision to approve the 10 year service plan and the intention to disband the communication department;
Exhibit 7 – letter from Deputy Fire Chief of Port Hope to Persons and Property Committee of Port Hope dated July 8, 2013;
Exhibit 8 – copy of Nuclear Security Regulations SOR/2000-209 filed by Rod Ewing;
Exhibit 9 – memorandum of Wilfred Day dated October 1, 2013 regarding the hearing;
Exhibit 10 – memorandum of Liz Stewart, Chair of Board, filed at hearing;
Exhibit 11 – memorandum of Chief Kevin McAlpine of the Service dated September 25, 2013, filed at the hearing.
Proposed Dispatching Agreement
The Agreement for the Provision of communications and dispatch services for the Service to be transferred to Owen Sound P.S. is found at Tab 4 of the Board’s Materials.
On August 26, 2013 the Panel visited the Owen Sound Police Service Communication Centre (the “Centre”). That visit was with regard to the Application, namely, Owen Sound P.S. providing a similar service for Port Hope as it did for the Pembroke Police Service and the Hanover Police Service: see Pembroke Police Service (May 4, 2012, OCCPS) and Hanover Police Service (October 16, 2012, OCCPS), respectively.
The Owen Sound P.S. employs eight full-time dispatchers and seven part-time dispatchers. The Centre currently operates with four dispatch consoles.
Three full-time dispatchers work 24 hours a day, seven days a week.
A Supervisor is on duty in the Centre from 9am to 5pm, Monday to Friday, and the Sergeant on duty is responsible for the Centre after hours and on weekends.
Data entry clerks are on duty 24 hours a day, seven days a week, and are able to assist dispatchers with call-out requests to other municipal or utility offices.
Pursuant to the proposed Dispatching Agreement, Owen Sound P.S. will receive all calls directed to the Service and will inform the Board of the information or request received. Records of all calls received will be kept and delivered to the Service.
In its response to the Boards Request for Proposal to provide communications services for the Service (tab 4 of the Board’s Materials), specifications and mandatory requirements were set with the following:
i) verification that standards under the Act will be met;
ii) demonstrate that staffing levels can accommodate call volume;
iii) show how training standards are maintained on an ongoing basis;
iv) identify mapping and upgrade system;
v) prove redundancy and verify back-up systems;
vi) outline communications and IT plan as required under the Act; and
vii) identify computer systems
Mandatory Requirements
i) full and complete communications and dispatch services for the Service including, but not limited to, 24/7 call answering of 911 lines, creation of OPTIC incidents and the dispatching of members of the Service and other supports
ii) ability to assign a dedicated communicator for major incidents, as required;
iii) provision of copies of recordings as are required for disclosure, court and other purposes;
iv) a radio link between the Owen Sound Centre and the Service, including maintenance thereof;
v) all license fees that are necessary to operate this service;
vi) encrypted data link between the Service and the Owen Sound Centre;
vii) provisions of necessary mapping upgrades necessary to operate the OPTIC system.
These are all included in the proposed Dispatching Agreement.
Submissions
A. The Board
Liz Stewart, the Chair of the Board, on behalf of the Board, stated that the test to be followed is whether transfer of the Service’s communication function to Owen Sound P.S. will provide adequate and effective police service for Port Hope if it is approved. She submitted that this would indeed satisfy the Board’s obligations under the Act.
She stated that the severance of the employees would be dealt with by agreement, or failing that by arbitration by order of the Commission.
She emphasized that the community policing would remain in Port Hope and that this contracting out is provided for under the Act and regulations.
The Commission has previously approved similar situations in Pembroke and in Hanover.
The Board made the decision to outsource the Service’s dispatching function to Owen Sound P.S. due to the fiscal needs of Port Hope. There have been six studies in 12 years examining various approaches to reduce the overall cost of police services. Port Hope Council told the Board to develop a plan that will put the Service on sustainable financial footing. The Board made this decision in order to reduce costs while maintaining effectiveness.
The dispatch services provided by the Service have been excellent. The same services to be provided by the Owen Sound P.S. will be equally as excellent.
B. Chief Kevin McAlpine
Chief Kevin McAlpine of the Board made submissions.
Chief McAlpine stressed that the professional ability of the Owen Sound P.S. will ensure the continuance of good police services in Port Hope.
Chief McAlpine has attended the Owen Sound Centre twice, observing competent and efficient call processing. The Chief advised that he has made appropriate additions to the means of communications between the Service’s police officers and the Owen Sound P.S. communication office.
He further advised that the new arrangement will provide for the continuance of good police services for the good of the people of Port Hope. Local knowledge is not an issue because information will be relayed to the some Service’s members as now, and they know common names and locations. Chief McAlpine has also spoken to other services who use the Owen Sound Centre. They report a high level of satisfaction, and have had no significant negative events.
C. Chief William Sorenberger
Chief Sorenberger advised that the Owen Sound P.S. had purchased new equipment. He said it was the best available to provide for hands-free dispatch of services.
The Owen Sound Centre provides 24 hour service every day.
The Centre has the best hardware and software available.
The Centre has four consoles to handle four different locations, although only three are in use at the present time. In the event of an emergency the Centre will provide one console for Port Hope when necessary.
The Centre has provided for the updating of its employees regarding Port Hope in the month of November in anticipation of the favourable decision of the Commission. Also, members of the Service will come to Owen Sound to give dispatchers, among other things, special names of locations in Port Hope.
D. Public Input
Rod Ewing is a resident of Port Hope who expressed his concerns about the change in communications in respect of nuclear security of a Port Hope business. There are nuclear materials that are stored or processed in or near Port Hope. He was concerned that the proposed change may affect the safety of the nuclear materials.
Mr. Ewing requested the compliance of the Canadian Nuclear Safety Commission be obtained.
Chief McAlpine immediately responded that there will be no change in the quality of communication of service under the new arrangement. It will remain as it presently exists so there is no need for approval as suggested.
Wilfred Day is a lawyer and a resident of Port Hope who filed Exhibits 1, 2, 3, 4 and 5. He alleged that the Board had failed to provide for any public input in respect to the future police plans and the decision to transfer the communication process to the Owen Sound P.S. He also raised concerns about a different fire dispatch and lack of co-ordination of emergency services.
Linda Thompson, the Mayor of Port Hope, spoke in favour of the Application.
Glenn Christie, legal counsel to the Board, addressed the meeting in response to the allegation that there was not much public consultation about the change in dispatch for the Service.
Mr. Christie stated that there had been much public debate and input on the preparation and discussion of the new long-term plan for policing in Port Hope.
The hearing was advised that public debate and discussion was widely presented throughout Port Hope. There were signs on the lawns throughout Port Hope during the debate about the policing plan.
Mr. Christie emphasized that the decision to transfer communication services to Owen Sound P.S. was a decision of the Board to implement the new policing plan for Port Hope. After all, Town Council directed the Board to find ways to provide sustainable financial footing for the Service.
Chief McAlpine gave evidence by way of reply in emphasizing that the great public debate resulted in the decision to keep the Port Hope P.S. adequate and effective. Regarding names for locations, he said that if a dispatcher was not familiar with it, they would ask the Service members, like the Port Hope dispatchers do now.
Paul Spencer, the President of the Port Hope Police Association, advised at the meeting that his association accepted the changes rather than face arbitration.
Mr. Spencer indicated that a master agreement had been concluded but individual agreements were required. Only a few were signed and those who had not yet signed were upset that the severance agreements required the several employees to agree not to work in Port Hope again.
Reasons
The Panel would like to thank all those who made submissions at the public meeting. In particular the Board’s Materials were well put together and helpful to the Panel.
The Application before the Commission envisages the termination of dispatchers employed by the Service. As such, the Application is subject to the provisions of section 40 of the Act which reads as follows:
40 (1) A Board may terminate the employment of a member of a police force for the purpose of … reducing its size if the Commission consents and if the abolition or reduction does not contravene this Act.
(2) The Commission shall consent to the termination of the employment of a member of the police force under subsection (1) only if,
a) the member and the board have made an agreement dealing with severance pay or agreed to submit the matter to arbitration; or
b) the Commission has made an order under subsection (3).
(3) If the member and the Board do not make an agreement dealing with severance pay and do not agree to submit the matter to arbitration, the Commission, if it is of the opinion that it would be appropriate to permit the abolition of the police force or the reduction of its size, may order the member and the board to submit the matter to arbitration and may give any necessary directions in that connections.
(4) Section 124 applies to on arbitration referred to in this section with necessary modifications.
The Application will lead to terminations and therefore a reduction in size of the Service. The dispatchers are civilian members of the Service pursuant to section 2 (1) of the Act.
Section 4 (1) of the Act requires a municipality to provide “adequate and effective police services in accordance with its needs”. Core services are set out in section 4 (2) and must be provided as a minimum to meet the meaning of “adequate and effective” police services. One of the core services is “emergency response”, for which communications and dispatch capability are essential.
Ontario Regulation 3/99 (“O. Reg. 3/99”), enacted under the Act is entitled “Adequacy and Effectiveness of Police Services”. It elaborates on what is meant by “adequate and effective” policing in sections 4 (1) and 4 (2) of the Act.
Section 5 of O. Reg. 3/99 deals with communications, and in three subsections, provides insight as follows:
5 (1) Police forces shall have,
(a) a communications centre;
5 (3) Despite clause (1) (a), instead of a police force having its own communications centre, a board may enter into an agreement under section 7 of the Act or with another municipal emergency service to use a regional or other co-operatively-operated communications centre, or a communications centre operated by another police force or municipal emergency service.
5 (6) A communications centre, whether provided by the police force, by another police force, by another municipal emergency service or on a combined or regional or co-operative basis must operate 24 hours a day with one or more communication operators or dispatchers to answer emergency calls for service and to maintain constant to-way voice communication capability with police officers who are on patrol or responding to emergency calls.
If the Commission is of the view that the proposed arrangement meets the test of being “adequate and effective”, then absent another major concern or issue, the Commission will approve or consent to it, provided that severance issues have been or will be dealt with by the Board, as the employer, and the affected employees who will be losing their jobs.
The Panel is satisfied that the gist of the Application outsourcing of the dispatch service has been the subject of the general debate about police services in Port Hope.
The latest decision of Municipal Council rendered in October 2012 kept hybrid policing in place – the Service in the urban area and the OPP in the rural area. The Board was tasked by Municipal Council to develop ways to keep the Service, but basically cut some and maintain other costs.
The Board developed a business plan for the Service to achieve what Municipal Council directed, part of which is the Application before the Commission.
It is clear from a reading of s. 31 (1) of the Act that the Board is responsible for the provision of adequate and effective policing in its territory. It does this in consultation with its Chief of Police.
It is also clear that Chief McAlpine has done his due diligence and assured the Panel that the arrangement with Owen Sound will not affect the Service’s delivery of adequate and effective police service to Port Hope. Also, other services who have similar arrangements are satisfied and no significant negative issues have arisen.
In relation to the Centre employees not knowing nicknames for some locations in Port Hope, Chief McAlpine said the employees of the Owen Sound Centre will ask members of the Service for guidance to the location, as is now done by Service dispatchers.
There was concern expressed about not having a joint dispatch service with Cobourg. In response, the Panel was told Cobourg did not respond to the request for proposals from the Board.
Owen Sound P.S. did respond.
The Panel believes that the Centre is modern, well-equipped, well-staffed and well-run. The Panel has seen it in operation and was very impressed.
All considered – the submissions and Board Materials in support and the submissions opposing it or raising concerns - the Commission concludes that the Board has made its case in support of the Application, namely, that the agreement with the Owen Sound Police Services Board will provide adequate and effective policing for Port Hope. The Commission therefore consents, subject to the following, to the Application.
Pursuant to its authority, the Commission orders that should there be any severance issue outstanding 90 days after the release of this Decision, the Parties shall be required to proceed forthwith to arbitration as envisaged by s. 40 (3) of the Act.
DATED AT TORONTO, THIS 4th DAY OF NOVEMBER, 2013
David C. Gavsie Associate Chair, OCPC
Jeffrey L.D. King Member, OCPC
Appendix A
PHPSB Application to OCPC June 10th, 2013
APPLICATION PURSUANT TO SECTION 40 OF THE POLICE SERVICES ACT
Page Number
Application 5 Historical Background 7 Board Attempts to Deal with Financial Pressures 9 The Plan 11 Does the Proposed Reduction Impair the Ability of the Service to Provide Adequate and Effective Police Services? 12 ...That Meets the Needs of the Community? 14 Public Input 15 Will the Terminated Members of the Police Service be Dealt with on a Fair and Reasonable Basis? 18 Conclusion 19
APPENDICES TO APPLICATION
Tab 1 PHPSB Application to Ontario Civilian Police Commission, dated June 7th, 2013
Tab 2 Relevant Legislation: Police Services Act, R.S.O. 1990, Chapter P. 15, s. 40
Tab 3 Related PHPSB Policies and PHPS Procedures: i signed Port Hope Police Services Board (PHPSB) Policy re Communications&, Dispatch (LE-002) currently in effect ii. signed Port Hope Police Service (PHPS) Procedure re Communications & Dispatch· (LE-002) currently in effect
Tab 4 Arrangement for the provision of Communication/Dispatch Services for the Port Hope Police Service i. Contract between the Owen Sound Police Services Board and the Port Hope Police Services Board for the provision of Communications & Dispatch Services for the Port Hope Police Service, dated June 6th, 2013 ii. Port Hope Police Services Board Request for Proposal (RFP) for the provision of Communications/Dispatch Services for the Port Hope Police Service, dated March 8th, 2013 iii. Proposal submitted by the Owen Sound Police Services Board in response to PHPSB's RFP for the provision of Communications/Dispatch Services for the Port Hope Police Service, dated April 5th, 2013
Tab 5 Correspondence /Communications with: A. with OCPC: i. Letter from L. Stewart, Chair of the Port Hope Police Services Board (PHPSB) to D. Gavsie, Chair of the Ontario Civilian Police Commission, dated March 28th 2013, including PHPSB Resolution 43/13, regarding notification of the Board's intention to submit an application under Section 40 of the PSA to terminate the employment of seven (7) civilian members of the Port Hope Police Service (PHPS). ii. Letter from D. Gavsie, Chair of the Ontario Civilian Police Commission to L. Stewart, Chair of the Port Hope Police Services Board, dated April 8th, 2013, acknowledging receipt of Board letter of March 28th, 2013 B. with the Port Hope Police Association/ Members: i. COMMUNIQUES to Port Hope Police Service Members ii. Letter from Liz Stewart to P. Spencer, President, PHPA, regarding Civilian Restructuring, dated February 12th, 2013 iii. Confidential Letter (Without Prejudice) from L. Stewart to P. Spencer, President, PHPA, regarding Civilian Restructuring, dated February 12th, 2013 iv. Speaking Notes delivered by L. Stewart to PHPA Executive on February 12th, 2013 v. Email to all PHPS staff from Chief McAlpine regarding Board's Future Plans Confidential, dated Feb 12, 2013 vi. Letter to L. Stewart, PHPSB Chair from T. Teno, Vice Chair, PHPA, regarding Restructuring of Civilian Functions, dated February 19th, 2013 vii. Letter sent to all Casual Communicators by L. Stewart, PHPSB Chair, as notification of termination of employment, dated March 21st, 2013 viii. Confidential letter (Without Prejudice) from L. Stewart, PHPSB Chair to all Affected Civilian Employees regarding the Board's Proposal, dated April 23rd, 2013 ix. Agreement in Principle (Without Prejudice) between the PHPSB and the PHPA, dated June 5th, 2013
Tab 6 Press Releases/Coverage i. PHPSB Press Release regarding Ten Year Plan for Port Hope Police Service, dated February 12th, 2013 ii. PHPA Press Release regarding restructuring of civilian functions of the Port Hope Police Service, issued February 2013 iii. PHPSB Press Release regarding Ten Year Plan for Port Hope Police Service, dated February 19th, 2013 iv. Press coverage of Announcement of the PHPSB Ten year Plan, February 2013 v. PHPSB Press Release regarding Announcement of Deputy Chief of Port Hope Police Service, dated June 5th, 2013
Tab 7 Letters of Support i. Letter from K. McAlpine, Chief of the Port Hope Police Service, dated June 12th, 2013
Tab 8 TOWARD 2022: A Ten Year Plan (2013) including PHPS Organizational Chart
Tab 9 PHPS Business Plan (2012-14)
Tab 10 2013 PHPS Staffing Plan including Ten Year Analysis of PHPS Calls for Service & Crime Calls (2012)
Tab 11 Municipality of Port Hope's CAO's Final Report on Police Services Delivery Review (2012)
Tab 12 PHPSB Community Survey (2011)
Tab 13 Collective Agreement between PHPSB & PHA (2011-13)
Tab 14 Ministry Inspection (2010)
Tab 15 PHPS Business Plan (2009-11)
Tab 16 PHPS Communications & IT Review (2009)
Tab 17 Police Facilities Review (2009)
Tab 18 Ministry Inspection (2004)

