ONTARIO CIVILIAN POLICE COMMISSION

Safety, Licensing Appeals and Standards Tribunals Ontario

COMMISSION CIVILE DE L’ONTARIO SUR LA POLICE Tribunaux de la sécurité, des appels en matière de permis et des normes Ontario

Date: 2018-09-28

Citation: 2018 ONCPC 4003

ONTARIO CIVILIAN POLICE COMMISSION

IN THE MATTER of an Application by The Corporation of the Town of Espanola and the Espanola Police Services Board to the Ontario Civilian Police Commission pursuant to section 40 of the Police Services Act, R.S.O. 1990, c. P. 15.

Decision made by: D. Stephen Jovanovic, Associate Chair

Maureen Helt, Member

Application heard by way of written submissions.

DECISION

OVERVIEW

1The Town of Espanola (Espanola) and the Espanola Police Services Board (EPSB) submitted an application to the Commission, dated June 22, 2018, requesting the Commission’s consent under section 40 of the Police Services Act (the PSA), to the abolition of the Espanola Police Service (EPS).

2The Commission issued its preliminary decision, dated August 30, 2018, consenting to the abolition of the EPS and approving the request to have Espanola’s policing services be provided by the Ontario Provincial Police (OPP) and undertook to provide full reasons within 30 days. These are those reasons.

Background to the Proposal

3This background is taken in large part from the application by Espanola and the supporting documentation that was filed with the Commission.

4Espanola is a regional hub for Manitoulin and the North Shore for government, health care and professional and business services. In 2013, Espanola faced a significant reduction in taxable assessment of its pulp and paper mill which resulted in decreased funds for the municipality. Realizing that there may be more effective cost measures to deliver its policing services, Espanola undertook a review of the available options for the delivery of policing services, including the transfer of services to the OPP and the disbandment of the EPS.

5On January 13, 2015 council for Espanola adopted a resolution to request a costing proposal for policing by the OPP. This had been an election issue in the 2014 municipal election with the majority of the newly elected council members supporting the request for an OPP costing.

6On February 9, 2015, a letter was forwarded to the Minister of Community Safety and Correctional Serves requesting the OPP deliver a costing proposal (OPP Costing Proposal).

7The OPP undertook the development of the OPP Costing Proposal for Espanola which was designed to ensure that the OPP would be able to provide adequate and efficient policing services in a manner which protects the best interests of the municipality by way of the OPP Integrated Service Delivery Model.

8On May 26, 2015, Espanola passed a resolution establishing a “Policing Options Steering Committee”. The Committee met with members of the OPP who outlined the costing process. The OPP explained a proposed new billing model and transitional services contract as well as how the disbandment process would proceed if the contract were accepted.

9The OPP has extensive experience delivering policing services to other municipalities. It utilizes a transition contract/cost-recovery process for the development of policing costing proposals whereby a municipality will enter into an agreement for a defined number of contractual hours of service as represented by uniform FTE’s (Full Time Equivalents). After 3+ years they will transition to the OPP Billing Model.

10Espanola took various steps to ensure that there was public engagement in the consideration of the OPP proposal. On May 16, 2016 a special webpage for the OPP Costing Proposal was made available on the town’s website. The public was invited to visit the webpage and submit any questions they might have had.

11On September 20, 2017 the OPP delivered a detailed and comprehensive OPP Costing Proposal presentation. The presentation included a detailed financial breakdown of the transitional contract which, over a 3+ year period, would be used to establish the required billing data to be rolled into the OPP Billing Model.

12The presentation also included an explanation of the Integrated Detachment Model providing details on how Espanola would receive policing services along with a list of all of the services that the OPP would provide to the community. Attached as Schedule “A” is a list of those services.

13On April 19, 2018 there was a public consultation meeting in order for the residents of Espanola to ask questions and receive information from town staff, the OPP, the EPS and EPSB. Approximately 100 residents and stakeholders attended the public meeting which was also live-streamed on Espanola’s YouTube link. Paper copies of the OPP Costing Proposal and Espanola’s analysis were made and distributed to all municipal facilities and libraries for access by those without internet access.

14During the public meeting several concerns were raised by the residents of Espanola about the change to OPP policing and the disbandment of the EPS. These concerns are discussed below.

15On April 24, 2018, six delegations addressed the town council, all in support of retaining the EPS. By a unanimous vote, the Espanola council adopted Resolution No. 18-068 to accept the OPP Costing Proposal dated September 20, 2017 and to disband the EPS. The OPP Costing Proposal was adopted at the May 8, 2018 meeting of council.

ANALYSIS

16The PSA sets out the requirements for the provision of police services in the province. Section 4(1) imposes on a municipality the obligation to provide “adequate and effective police services in accordance with its needs.”

17Adequate and effective policing requires the provision of necessary staff, administration, equipment infrastructure and facilities to perform, at a minimum, the following police services: crime prevention; law enforcement; assistance to victims of crime; public order maintenance and; emergency response.

18The primary responsibility for providing adequate and effective police services rests with municipalities, which responsibility shall be discharged as set out in section 5(1) of the PSA.

i. Section 5 (1) A municipality’s responsibility to provide police services shall be discharged in one of the following ways:

ii. …

iii. 5. The council may enter into an agreement under section 10, alone or jointly, with one or more other councils, to have police services provided by the Ontario Provincial Police.

19The requirements for all of these police services are detailed in O. Reg. 3/99 under the PSA which sets out an extensive list of the necessary services required for adequate and effective policing.

20One difference between the current EPS and the OPP is that the EPS is completely within the municipal boundaries where the OPP operates an integrated policing model. The OPP integrated policing model provides for more sharing of resources which ultimately reflect a greater sharing of costs across a larger, integrated area not limited to municipal boundaries.

21In considering whether the disbandment of the EPS and the provision of policing by the OPP will ensure the continuation of adequate and effective policing services the Commission has articulated different tests; comparative or alternative. The comparative test looks at staffing levels from a historical or geographic perspective.

22The historical perspective looks at whether the provision of necessary staff, administration, infrastructure and facilities is comparable to what the municipality has received in the past. The geographical model compares what is provided in similar communities. In our view a comparative test, from a historical perspective, is the most appropriate to apply in the present circumstances.

23The services to be provided by the OPP, as set out in Schedule “A”, are extensive and, in our view, will ensure that the residents of Espanola will continue to receive adequate and effective policing services.

24Other factors considered by the Commission in applying the comparative historical approach are set out below.

Number of Officers

25The chart below sets out the current complement of police officers for Espanola and the Manitoulin OPP and what will become the amalgamated complement. The police to population ratios for policing Espanola by the EPS are: 1:555 (constable), 1:416.3 (all uniform). The police to population ratio for policing the Manitoulin OPP Detachment jurisdictional area are: 1:332.9 (constable), 1:283.3 (all uniform). The police to population ratio for the Manitoulin Integrated OPP Detachment model would be: 1:373.7 (constable), 1:305.2 (all uniform).

Policing the Town of Espanola

Table C – Current and Proposed Amalgamated Complement

Position

Espanola Police Service

Manitoulin OPP

Amalgamated Complement

Chief

Inspector

Staff Sergeant

Sergeant

Constables

Uniform Position (Subject to Review)

N/A

1^[1]

Total Uniform

Administrative Clerk (FT)

3.83

4.83

Call Taker/Dispatcher (FT)

Call Taker/Dispatcher (PT)

Total Civilians

5 (FT) 3 (PT)

3.83

4.83

26The EPS currently has 1 Acting Chief of Police and 2 Sergeants providing supervision to 9 Constables. Based on those numbers, the Sergeant to Constable ratio is 1:4.5

27The Manitoulin OPP Detachment is currently supervised by 1 Staff Sergeant and 6 Platoon Sergeants (administrative and General Law Enforcement) providing supervision to 40 Constables. The Sergeant to Constable (not including the Crime Unit Sergeant who is a Regional resource) ratio is 1:6.6

28The Manitoulin OPP Detachment will become an Inspector commanded detachment as a result of the disbandment of the EPS. The Detachment Commander will provide overall administrative support to the Integrated Detachment model.

29With the addition of 2 Sergeants and 9 Constables (not including 1 member subject to Rank Level Determination) from ESP, the Sergeant (8) to Constable (49) ratio for the Manitoulin OPP Integrated Detachment will now be 1:6.1

30The OPP proposal will have the same number of officers in Espanola patrolling the streets. Operationally, the OPP will be adding a new zone and new officers to that zone so the complement would be the same as what Espanola currently has.

31Every current EPS officer who chooses to apply for employment with the OPP will be welcome to do so for the period of the transitional contract for the next three years. With the new billing model, in year 4 there is no commitment to the FTE number but there is no anticipation of a reduction in staff.

Patrol Zones

32The EPS currently patrols Espanola as one patrol zone. The Manitoulin OPP detachment is comprised of three zones. In the proposed patrol zone model, the three existing Manitoulin OPP detachment patrol zones will be maintained with the addition of a fourth zone for Espanola. The addition of this zone will allow for an accurate recording of the number and types of calls for service, along with the amount of time officers spend policing this newly created zone.

Community Services

33The shared infrastructure of the OPP broadens local access to resources, expertise, solutions, training and management without duplicating services. In this case, Espanola will benefit as additional staff would be readily available from within the Manitoulin OPP Detachment as well as other detachments and regions, should the need arise.

34It is long-standing OPP policy and practice to be accountable to the communities it serves. The Commander of the Manitoulin OPP Detachment, or designee, will report to the EPSB, which will maintain the responsibilities set out in section 10(9) of the PSA.

35The Commission is satisfied that the OPP is experienced in being accountable to the municipalities it serves. With 111 contracts currently in place and future contracts pending, there is great emphasis placed on OPP accountability to Police Services Boards. All existing police related community service programs in Espanola will continue in an OPP policing environment.

Police Facilities

36After a comprehensive assessment of the current Manitoulin OPP Detachment and the EPS facility, it was determined that the current Manitoulin OPP detachment (Espanola) would have the capacity to accommodate the increase in staffing as a result of the disbandment. However, the current local OPP detachment (Espanola) will require renovations to accommodate new members.

37Espanola agreed to carry out those renovations with the current EPS facility becoming a satellite office within Espanola.

38The Manitoulin OPP main administrative detachment, along with the Espanola Satellite OPP detachment, have an exterior mounted telephone with a direct connection to the PCC in North Bay for members of the public attending this location after business hours and wishing to speak with an officer or to report an incident. Espanola residents can also call 9-1-1 in an emergency situation, or the OPP Non-Emergency number in situations that do not require urgent police response.

39Based on the above, we are satisfied that adequate and effective police services will be provided under the OPP proposal.

Costs

40The financial impact of contract policing with the OPP is a matter for consideration by the municipality rather than the Commission. However, as it was raised as a concern by the residents of Espanola during the public meeting it would be useful to set out a brief summary of the costs.

41The disbandment of the EPS is intended to alleviate the financial constraints of maintaining a municipal police service and is not a reflection of the policing services provided by the EPS. Espanola council believed that disbanding the EPS would be in the financial best interests of the municipality. While there are initial start-up costs associated with accepting policing services from the OPP, are substantial the anticipated long term savings outweigh the short term expenditures, in the view of the council.

42The estimated one-time adjustment policing costs for the OPP to police Espanola is approximately $2.1 million. These costs are made up of severance, pension, building renovation, equipment, vehicle and other expenses.

43The estimated annual savings under the three year transition contract range from $337,800 to $356,800 which reflects the elimination of the civilian positions and the reduction from a full-time Chief to 20 per cent of a Detachment Commander position.

44As a result of the transition to the OPP billing model it is estimated that in year 4 (2022) annual costs for OPP will decrease by $584,590. This means the estimated one-time transition costs will be recovered in the 5^th year with the OPP and annual savings beyond that will be approximately $1,000,000 per year.

Severance Agreements

45The Commission also must be satisfied that appropriate severance agreements have been made or if not, that any dispute will be resolved by arbitration.

46It is not certain how many of the current EPS members will be offered employment with the OPP. The Commissioner of the OPP reserves the right to review the suitability of any civilian or uniformed employees of a municipal service prior to offering any individual a position. Further, the OPP Career Development Bureau arranges information sessions to explain its process for determining eligibility to be hired.

47If consent is granted by the Commission to terminate the employment of the members of the EPS for purposes of disbanding the service and transferring policing to the OPP, the following members will be affected:

Chief of Police Steven Edwards, employed pursuant to a contract of employment with the Espanola Police Services Board;
One (1) Full time Administrative Clerk/ Court Clerk, employed pursuant to a contract of employment with the Espanola Police Services Board;
Eleven (11) Full Time Uniformed Officers, Four (4) full-time dispatchers and Three (3) part-time dispatchers, employed pursuant to the collective agreement;

48By way of letter dated June 14, 2018 the Espanola Police Association (EPA) provided a letter to the Commission regarding the status if its negotiations with the EPSB for the renewal of the collective bargaining agreement which expired on December 31, 2016. That agreement contains provisions dealing with severance pay for EPA members. However, there appears to be a disagreement as to the interpretation of those provisions

49As set out in the Order of the Commission dated August 30, 2018, any outstanding disputes with respect to severance pay for any member of the EPS whose employment is terminated as a result of the abolition of the EPS are referred to arbitration under sections 40 (3) and (4) of the PSA. That, of course, does not foreclose the EPA and the EPSB from continuing their negotiations.

Conclusion

50 Section 40 of the PSA requires the consent of the Commission when a police services board proposes to terminate the employment of a member of a police force for the purpose of abolishing the police force.

51The OPP Costing Proposal and the services to be provided by the OPP satisfy Espanola’s obligations under section 4 of the Police Services Act. The OPP is able to provide adequate and efficient policing services in a manner which protects the best interests of the municipality by way of the OPP Integrated Detachment Model.

52We are satisfied that adequate and effective police services will be maintained by Espanola contracting with the OPP for the provision of its police services and that the abolition of the EPS does not contravene the PSA.

53Accordingly, as set out in our decision dated August 30, 2018, and as modified herein, the Commission consents to the Application by Espanola and the EPSB to the abolition of the EPS under section 40 of the PSA subject to the following conditions:

a. Espanola must deliver to the Commission a signed copy of the agreement with the Solicitor General which substantially complies with the Proposal.

b. The receipt by the Commission of written confirmation from the EPSB that an agreement as to severance pay has been made with any member of the EPS whose employment is terminated as a result of the abolition. Failing such an agreement, the EPSB must provide written confirmation to the Commission that an agreement has been made with such members that any severance pay dispute will be referred to arbitration. If no such agreements are made within 90 days of today’s date the Commission will order that all remaining severance pay disputes will be referred to arbitration.

Dated September 28, 2018

____________________________ D.Stephen Jovanovic

____________________________

Maureen Helt

Schedule “A”

The Corporation of the Town of Espanola and the Espanola Police Services Board, 2018 ONCPC 4003

Case Summary