ONTARIO CIVILIAN POLICE COMMISSION

Safety, Licensing Appeals and Standards Tribunals Division

COMMISSION CIVILE DE L’ONTARIO SUR LA POLICE

Division de la sécurité, des appels en matière de permis et des normes

Date: May 22, 2020

Citation: Re Orangeville Police Service, 2020 ONCPC 2

ONTARIO CIVILIAN POLICE COMMISSION

IN THE MATTER of an Application by The Corporation of the Town of Orangeville pursuant to section 40 of the Police Services Act, R.S.O. 1990, c. P.15 for the consent of the Commission to abolish the Orangeville Police Service.

Decision made by: D. Stephen Jovanovic Associate Chair

Application heard by way of written submissions.

DECISION

INTRODUCTION

1The Corporation of the Town of Orangeville (Orangeville), through its Council, enacted by-law number 064-2019 on December 2, 2019 authorizing the acceptance of an Ontario Provincial Police Costing Proposal dated June 10, 2019.

2Paragraph 2 of the by-law reads as follows:

2. That the Orangeville Police Services Board, Orangeville Police Service and the Chief Administrative Officer are authorized to take the necessary steps to implement the transition and amalgamation of the Orangeville Police Service with the Ontario Provincial Police.

3Orangeville subsequently submitted an Application to the Commission, dated March 4, 2020 “requesting the disbandment of the Orangeville Police Service” (OPS) pursuant to the by-law. A “disbandment” rather than an amalgamation is what has been proposed. Orangeville intends to enter into an agreement with the Ministry of the Solicitor General for the provision of its police services by the Ontario Provincial Police (OPP).

4Section 40(1) of the Police Services Act (PSA) reads as follows:

A board may terminate the employment of a member of a police force for the purpose of abolishing the police force or reducing its size if the Commission consents and if the abolition does not contravene this Act.

5The employment of the following individuals employed by the OPS will be terminated once the agreement to have the OPP provide the residents of Orangeville with the required police services.

1. Chief of Police Wayne Kalinski, employed pursuant to a contract of employment.
2. Deputy Chief of Police Leah Gilfoy, employed pursuant to a contract of employment.
3. One administrative assistant, employed pursuant to a letter of employment.
4. Two staff sergeants, six sergeants, thirty constables and one part-time constable employed pursuant to the uniform members’ collective agreement.
5. Six full-time dispatchers and five part-time dispatchers, employed pursuant to the civilian members’ collective agreement.
6. One court administrator, three full-time and six part-time court security personnel, employed pursuant to the civilian members’ collective agreement.
7. Three full-time and two part-time data entry personnel, employed pursuant to the civilian members’ collective agreement.
8. Twelve auxillary members of the OPS (volunteers).

6It is unknown at this time how many of these individuals may be offered positions with the OPP which maintains the right to make employment offers as it sees fit.

7Orangeville has requested an expedited decision from the Commission as it intends to proceed with the transition to the OPP by the fall of this year. Accordingly, I will issue these brief reasons for the decision with fuller reasons to follow.

ANALYSIS

8The Commission’s role in disbandment applications is twofold. First, it will only grant consent to the application if it is satisfied that disputes as to severance pay for members whose employment is being terminated are either resolved or referred to arbitration. Second, the disbandment or abolition of a police service does not otherwise contravene the PSA. This has been interpreted to mean that after the disbandment of a municipal police service, the municipality will fulfill its obligations under section 4(1) of the PSA to provide “adequate and effective police services in accordance with its needs.”

9Having reviewed the application of Orangeville, I am satisfied that section 40 of the PSA has been complied with and that under the proposal adequate and effective police services will be maintained for the residents of Orangeville by the transition to the OPP.

10The Chief of Police, the Deputy Chief of Police and all members of the OPS, police officers and civilian members, have contractual severance agreements. The administrative assistant has a letter agreement. If for some reason, any disputes arise in the future regarding entitlement to severance pay under those agreements, they are all to be referred to arbitration.

ORDER

11The Commission consents to the application by Orangeville under section 40 of the PSA to the abolition of the Orangeville Police Service. Any remaining or future disputes as to severance pay are to be referred to arbitration as provided for in section 40 of the PSA.

12The Commission remains seized of this matter should there be any unresolved issues.