OCPC-DSB #14-01
2014 ONCPC 4001
ONTARIO CIVILIAN POLICE COMMISSION
In the matter of an application for consent to the reduction
of the Dryden Police Service
Under Section 40 of the
DECISION
Panel: David C. Gavsie, Associate Chair
John Rodriguez, Member
Public Meeting Date: March 27, 2014
Meeting Location: Dryden, 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:
Craig Nuttall, Mayor of Dryden
Peter Andrusco, Chair of the Dryden Police Services Board
Robert A. Davis, Chief of the Dryden Police Service
William Sorenberger, Chief of the Owen Sound Police Service
Robert C. Edwards, Counsel to the Dryden Police Services Board
Background
This is an application (the “Application”) submitted to the Ontario Civilian Police Commission (the “Commission”) by the Dryden Police Service 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 thirteen civilian members of the Dryden Police Service (the “Service”). The employee positions to be terminated consist of eight full time communication employees, one full time communication supervisor and four part time employees (the “Affected Employees”). The termination of the Affected Employees is a consequence of the Board’s proposal to contract out the Service’s communications and dispatch functions to the Owen Sound Police Service (“Owen Sound P.S.”).
Pursuant to the Commission’s practice with regard to a request under section 40 of the Act, the Commission reviews the opportunities provided to the public in the affected community to consider and provide input into the Board’s proposal. The Commission notes that the Board convened a community consultation and public input session in respect of its proposal in the City of Dryden on Thursday January 16th, 2014.
In addition, pursuant to
the Commission’s practice under
the Commission holds a public
meeting in the affected
community to give residents an
opportunity to comment on the Board’s proposal.
Accordingly, the Commission convened a public meeting in Dryden on March 27, 2014 at 5 p.m.. Notice of the Public Meeting was published in the Dryden Observer newspaper on two occasions, namely March 5 and 12, 2014.
Prior to and at the public meeting of March 27, 2014, nine exhibits were filed with the Commission. They are listed on Schedule A” to this Decision.
The Board’s Proposal (the “Proposal”)
- The Proposal was sent to the Commission on December 5,
2013 by Mr. Robert C. Edwards, counsel for the Board.
The Board is applying to the Commission under Section 40 of the Act to obtain its consent to the reduction of the Service through the terminations of the Affected Employees. The Affected Employees presently perform call-taker and dispatcher duties from the Dryden Communications Centre.
Subject to the Commission’s consent, the Board has negotiated a five year police dispatch and 911 call-taking agreement with the Owen Sound P.S. to provide the Service’s dispatch and communication needs.
The Proposal chronologically outlines the increasing serious financial difficulties the Board is facing with respect to continuing its Communications Centre which currently provides police dispatch and communications services for the Service and the Atikokan Police Service. As well, it provides fire dispatch for surrounding communities and the
911 call-taking service for Dryden and other municipalities.
also the loss of clients over the past few years which only serves to worsen the Board’s finances, and puts more and more funding pressure on the City of Dryden to cover the increasing annual deficit of the Communications Centre.
The Proposal also traces the Board’s careful review of its user fees and other sources of revenue.
The Proposal shows the Board’s approach to the Association and its efforts to reach agreement that may possibly keep the Communication Centre within the Service. It traces the breakdown in negotiations between the Board and the Association and the referral to arbitration.
The Proposal outlines the options the Board considered, culminating in the Board’s decision to close the Communications Centre effective March 31, 2014 and to enter into a contract with the Owen Sound P.S. for the provision of police dispatch, communications, and 911 call- taking services.
The Proposal refers to the proposed agreement with the Owen Sound P.S. regarding the staffing, technology and infrastructure that will be available to the Service for its dispatch and communications.
The Community Consultation Meeting
As is noted above, the Board held a community consultation and public input session about its Proposal in Dryden on Thursday, January 16 2014.
This meeting was attended by about 40 members of the community and featured a panel which comprised Mr. Andrusco, the Chair of the Board, as well as Chief Davis of the Service, and Chief Sorenberger of the Owen Sound P.S.
Mayor Nuttall was in attendance.
The meeting heard of the economic straits in which the community of Dryden finds itself and the need to come to grips with some of its more serious fiscal challenges.
The Chair of the Board presented an overview of the decision made by the Board to close the Communications Centre.
Chief Davis reviewed the operations and finances of the Communication Centre from 2001 to the present. He also provided information on a Section 40 downsizing and the “adequacy and effectiveness” requirements of the Act.
Chief Sorenberger reviewed the history of the Owen Sound Communication Centre outlining its staffing, its technology and its training programmes.
There were many questions from the audience regarding the decision of the Board to close the Centre, the various options which the Board has pursued, the question of severances for the Affected Employees being terminated, and the possibility of Dryden call-takers/dispatchers being considered for jobs at the Owen Sound Communications Centre. Also, there were questions about the effectiveness in Dryden of communications technology located in Owen Sound. These questions were all answered by members of the panel.
On February 12, 2014, the Commission was informed by Ms. Caroline (Nini) Jones, counsel for the Association, that the Board and the Association had reached an agreement as to severance for the Affected Employees, and that the Association would not be participating in the Commission’s Section40 public meeting.
in the matter of an arbitration under section 122 of the Act regarding, inter alia, a new collective agreement between the Board and the Association and a conditional arbitration award of severance for the Affected Employees.
- The Commission received a letter from Mr. Robert Edwards, counsel for the Board, in which he highlighted aspects of Arbitrator Snow’s award. Mr. Edwards also informed the Commission that due to technical difficulties the parties would not be able to operate the Owen Sound Communications Centre for Dryden prior to May 27, 2014. He also noted that the parties have met and agreed to continue operating the Dryden Communications Centre until the Owen Sound Communications Centre is ready to take over the communications and dispatch functions for the Service.
The Commission’s Public Hearing
The public meeting called by the Commission, commenced at 5 p.m. A two Member panel (the “Panel”) presided.
The Panel advised those attending that there are two concerns about which the Commission must be satisfied:
(a) that after closure of the Dryden Communications Centre, and after contracting out the Service’s communications and dispatch functions to the Owen Sound P.S., the Service will continue to deliver adequate and effective policing in the community; and
(b) that the Affected Employees receive fair severance packages.
The first person to address the Panel was Dryden’s Mayor Craig Nuttall. He summarized the difficult financial circumstances in which the municipality finds itself; specifically, a $15 million debenture debt and declining assessments. He expressed the view that it was a difficult day for a mayor when he has to lay off employees but the citizens of Dryden can’t afford to pay higher taxes.
Nevertheless, he pointed out that there will be compensation to the Affected Employees in the form of severance and the municipality will try to place them in other jobs.
Mr. Andrusco, Chair of the Board, stated that, once he was seized of the problem, he could not justify permitting the communications and dispatch functions to continue through the Service. He stressed that the cost of maintaining these functions had become non-sustainable.
Further he said that he wanted to make sure that the
Affected Employees would stay on the job until May 27,
2014 when the severance would become applicable for them.
- At this point in the Hearing, Mr. Edwards, Counsel for the Board, tabled financial information which outlined the fiscal reality of the Dryden Communication Centre from 2001 to
2013 and noted that the figures speak for themselves.
Chief Davis of the Service stated that, shortly after he became Chief at the end of 2011, the municipality asked all its departments to find savings. Chief Davis had affirmed that the Service was going to do its part. The equipment in the Communication Centre was antiquated and the 2012 economic picture for the Communication Centre had worsened.
The Chief stated that the Board had asked him to look at outsourcing the Communication Centre.
According to Chief Davis the situation was a perfect storm caused by outdated equipment, a need for the next generation of 911 technology and non-sustainable losses of the Communications Centre on the balance sheet.
He stated that the time had come to approach the Owen
Sound P.S.
But before he did so, he researched the municipalities of Pembroke and Hanover which had outsourced their communications functions to Owen Sound P.S. He was particularly interested to know if the communications and dispatch services provided to Pembroke and Hanover by the Owen Sound P.S. were adequate and effective. He discovered that the response times in Pembroke and Hanover were the same after the contracting out to Owen Sound P.S. as before.
Chief Davis also noted that there had been an exchange of employees between Owen Sound and Dryden in order to familiarize Owen Sound communicators with the local geography and place names in Dryden. There will be further training in this regard.
Chief Sorenberger of the Owen Sound P.S. then advised the Panel that calls to the Owen Sound Communications Centre are normally answered within four seconds, which is much better than the standard of within 20 seconds. During peak times, he stated calls are answered within eight seconds.
Chief Sorenberger pointed out that the Owen Sound Communications Centre has a number of full time and switchboard positions.
The Chief committed that Owen Sound P.S. will monitor the Dryden calls for service per day and will make any necessary staffing adjustments.
He also advised that the Port Hope Police Service, one of Owen Sound P.S.’s clients, is very impressed with the service they are receiving.
At this point Chief Sorenberger referred to the five year agreement between the Service and Owen Sound P.S. which is dated March 27, 2014. He quoted paragraph 16, which states:
“This agreement is conditional upon any required approval of the Ontario Civilian Police Commission pursuant to s.40 of the Police Services Act.”
- In answer to a question from the Panel,
“Can all technical things be done by May 27, 2014?” Chief Sorenberger’s answer was,
“We can meet the May 27th deadline.”
The Panel then invited any person present to make comment or to question any of the presenters. No one responded.
The Panel thanked all presenters and those attending for their participation in and attendance at the Commission’s public meeting.
Decision
- Policing in Ontario is governed by the provisions of the Act.
obligation to provide “adequate and effective police services in accordance with its needs”. This may be accomplished in a number of different ways. As in the case of the City of Dryden, a municipality may establish and maintain its own police force.
For a municipal police service to be “adequate and effective”, it must have the necessary staff, administration, equipment, infrastructure and facilities to perform certain designated functions. According to section 4(2) of the Act, these include crime prevention, law enforcement, assistance to victims of crime, public order maintenance and emergency response.
The concept of “necessary staff” includes both officers and civilian employees. All such staff are members of a police force as defined in section 2(1) of the Act.
There are a number of provisions in the regulations that describe these policing requirements and further detail the responsibilities of various members of a police force to ensure that the requirements are met. These details are found in the Adequacy and Effectiveness of Police Services, Ontario Regulation 3/99 (the “Regulation”) enacted under the Act.
(1) Police forces shall have,
(a) a communications centre;
(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
operated by another police force or municipal emergency service. O. Reg. 3/99, s. 5 (3).
(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 communications operators or dispatchers to answer emergency calls for service and maintain constant two-way voice communication capability with police officers who are on patrol or responding to emergency calls. O. Reg. 3/99, s. 5 (6).
Section 40 is the relevant provision in the Act regarding a proposed reduction of a police force:
(1) A board may terminate the employment of a member of the police force for the purpose of abolishing the police force or 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
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 connection.
If the Commission is of the view that the requirements of Section 40 have been met, it may authorize a police services board to enter into an agreement such as the one contemplated here.
The nature of the statutory scheme is self-evident. Its focus is to ensure that no municipal police service will proceed with a reduction in its size unless arrangements are in place that will satisfactorily meet the policing needs of the community affected. This essentially requires that any new arrangements must provide for services that will ensure adequate and effective policing. In addition, no member of a municipal police force can be terminated without steps being taken to provide for proper severance.
Essentially, as section 40 of the Act applies in this case, it requires that before the employment of the Affected Employees can be terminated for the purposes of transferring the communications and dispatch services to the Owen Sound P.S., the Board must obtain the approval of the Commission. In order to grant such approval, the Commission must be satisfied that the proposed reduction does not impair the Service’s ability to provide adequate and effective policing to the City of Dryden.
The Board is seeking the Commission’s consent to transfer the communications and dispatch related functions of the Service to the Owen Sound P.S., which would result in the termination of Affected Employees.
sound rationale in support of its position that the Service will continue to provide adequate and effective policing in the City of Dryden upon the outsourcing of its communications and dispatch services to the Owen Sound P.S..
- It is clear to us that Chief Davis has done his due diligence.
He assured the Panel that the arrangement the with Owen
Sound P.S. will not adversely affect the Service’s delivery of adequate and effective police services to Dryden.
Panel Member Gavsie recently visited the Owen Sound Communications Centre in connection with the Commission’s decisions in the Pembroke matter referred to in paragraph 36 above and in the Port Hope matter referred to in paragraph 41 above. In those decisions the Commission found the Owen Sound Communications Centre well run, well staffed, modern and well equipped. Chief Sorenberger has confirmed to the Panel that the Owen Sound Communications Centre is in the same or better shape today.
Based on the foregoing, we find that the Service will continue to deliver adequate and effective policing to the City of Dryden after its communications and dispatch services are contracted out to the Owen Sound P.S. as provided in the Proposal.
We now turn our attention to the issue of severance. The Commission was provided with Arbitrator Snow’s severance award regarding the Affected Employees. Since this issue has been settled to the mutual satisfaction of the Board and the Association there is no need for the Commission to comment.
Accordingly, the Commission consents to the Board’s
Proposal.
DATED AT TORONTO, THIS 29TH DAY OF APRIL, 2014
David C. Gavsie John Rodriguez
Associate Chair, OCPC Member, OCPC
Schedule “A”
Exhibit List – Section 40 Application by Dryden Police Services
Board
Exhibit#1 – Application dated December 5, 2013
Exhibit #2 – Public Consultation Report dated January 23, 2014
Exhibit #3(a) – Letter from Chief Sorenberger dated January 9,
2014
Exhibit #3(b) – Letter from Chief Sorenberger dated March 21,
2014
Exhibit #4 – Letter from Ms. Caroline (Nini) Jones, counsel to the Dryden Police Association dated February 12, 2014
Exhibit #5 – Arbitration Award of Howard Snow dated March
11, 2014
Exhibit #6 – Robert Edwards letter on behalf of the Dryden
Police Services Board dated March 25, 2014
Exhibit #7 – Transitional Memorandum of Agreement dated March 25, 2014 between the Dryden Police Services Board and the Dryden Police Association
Exhibit #8 – Dispatch Contract dated March 27, 2014 between the Dryden Police Services Board and the Owen Sound Police Services Board
Exhibit #9 – Revenue and Expenses for Dryden
Communications Centre from 2001 through 2013