Halton Regional Police Services Board POLICE SERVICES BOARD INTRODUCTORY GUIDE Halton Regional Police Services Board 1151 Bronte Road, OAKVILLE, ON L6M 3L1 (905) 825-4816 (905) 825-9417 (fax) PoliceServicesBoard@haltonpolice.ca www.haltonpolice.ca
Table of Contents 1. Our History:... 1 2. Who we are:... 1 3. What Boards do:... 2 4. What Boards can t do:... 3 5. Further Limitations for Individual Board Members:... 4 (a) Conflicts of Interest... 4 (b) Code of Conduct:... 4 6. Board Meetings... 4 7. Other Functions:... 4 8. Financial Management... 4 9. Labour Relations... 5 Appendix A Board Member Competencies And Qualifications... 7 Appendix B - Ontario Regulation No. 421/97 Members of Police Services Board Code of Conduct... 10 Last Updated: October 2016
1. Our History: Prior to the inception of regional government in 1974, the lower tier municipalities of the City of Burlington, Towns of Georgetown, Milton and Oakville all maintained a police force. The Ontario Provincial Police were responsible for policing in the Town of Acton and the rural area. With the creation of the Regional Municipality of Halton, policing became a regional responsibility and the various Police Departments were amalgamated into the Halton Regional Police Service. Oversight and monitoring of the Police Service is governed by a civilian body that operates independently of Regional Council. The powers and functions of Police Services Boards are not powers and functions delegated by the Council, but statutory powers and functions conferred directly to Boards by the Police Services Act. This form of civilian governance in policing has a lengthy history in Ontario. The Municipal Institutions of Upper Canada Act, 1858 provided for the establishment of a police service and the intent of the Act was that Boards should have a considerable degree of autonomy from municipal council, no matter its composition. The Regional Municipality of Halton Police Services Board is the legal entity created to provide civilian oversight of the Halton Regional Police Service. The Board consists of seven (7) members: (a) (b) (c) (d) the Regional Chair, or if the Regional Chair chooses not to be a member of the Board, another member of Regional Council appointed by the Council; two (2) Members of Regional Council appointed by Regional Council, one (1) citizen appointed by Regional Council who is neither a member of Council nor an employee of the Region, three (3) persons appointed by the Province of Ontario. The Board is responsible for ensuring the provision of adequate and effective police services for the residents of Halton. It must also ensure that any policies or directions from the Province of Ontario are complied with. 2. Who we are: The Police Services Act of Ontario dictates the composition of Police Services Boards based on the population of the community. Since the population of the Region of Halton exceeds 500,000 residents, the Halton Regional Police Services Board consists of seven members. The Police Services Act doesn t address qualifications of members of the Police Services Board, it includes disqualifications for appointees. A Board member may not be a Judge, a Justice of the Peace, a police officer or a person who practices criminal law as a defence counsel. An attempt is made to reflect the geographic and demographic make-up of the community. To assist appointing agencies, the Board has adopted a policy outlining desired competencies and qualifications. (Refer to Appendix A ) Board members appointed by the Province of Ontario can serve for up to eight (8) years. Members of Council and the citizen appointee are usually appointed for the length of the term of the Council appointing them. Provided they are still qualified, they may be re-appointed. Page 1
The members of the Board as of October 2016 are: Mayor R. Burton, Chair - Member of Regional Council Mr. Gary Burkett, Citizen Appointee Councillor R. Craven - Member of Regional Council Ms. Barb Ferrone - Provincial Appointee Councillor J. Knoll Mr. Jason Wadden (Vacant) - Member of Regional Council - Provincial Appointee - Provincial Appointee 3. What Boards do: The Police Services Act sets out the roles and responsibilities of a Police Services Board for a regional municipality. The main responsibilities are: 31.(1) A board is responsible for the provision of adequate and effective police services in the municipality and shall, (a) (b) (c) (d) (e) (f) appoint the members of the municipal police force; generally determine, after consultation with the chief of police, objectives and priorities with respect to police services in the municipality; establish policies for the effective management of the police force; recruit and appoint the chief of police and any deputy chief of police, and annually determine their remuneration and working conditions, taking their submissions into account; direct the chief of police and monitor his or her performance; establish policies respecting the disclosure by chiefs of police of personal information about individuals; (g) receive regular reports from the chief of police on disclosures and decisions made under section 49 (secondary activities); (h) establish guidelines with respect to the indemnification of members of the police force for legal costs under section 50; (i) establish guidelines for dealing with complaints under Part V, subject to subsection (1.1); (j) review the chief of police s administration of the complaints system under Part V and receive regular reports from the chief of police on his or her administration of the complaints system. Legislation strictly prohibits the Board and its Members from interfering with operational matters. For example, the Board cannot become involved in what crimes to investigate, in neighbourhood issues such as speeding or parking complaints, or when charges are to be laid. The reporting relationship is illustrated in the organizational chart below. Page 2
The Police Services Act also contains guiding principles that the Police Service must adhere to. These principles are: 1. The need to ensure the safety and security of all persons and property in Ontario. 2. The importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code. 3. The need for co-operation between the providers of police services and the communities they serve. 4. The importance of respect for victims of crime and understanding of their needs. 5. The need for sensitivity to the pluralistic, multiracial and multicultural character of Ontario society. 6. The need to ensure that police forces are representative of the communities they serve. Ontario is the only Canadian jurisdiction that has formulated a declaration of principles in its legislation regarding policing. 4. What Boards can t do: Although the Board has significant legislative responsibilities as outlined above, the Police Services Act also strictly prohibits a Board or an individual Board member from any involvement in the day-to-day operations of the police force. Sections 31(3) and (4) of the Act state that the Board may give orders and directions to the Chief of Police, but not to other members of the police force and no individual member of the Board shall give orders or directions to any member of the police force. The Board shall not direct the Chief of Police with respect to specific operational decisions or with respect to the day-to-day operation of the police service. In summary, Police Services Boards have a governance role and provide general direction through policy. Management and administration of the Police Service is the Chief s responsibility. Simply put, the Board decides what, and the Chief decides how. The Board monitors the Chief s management of the Service through regular reports required by Board policy. Page 3
5. Further Limitations for Individual Board Members: (a) Conflicts of Interest A Police Services Board is defined as a local board within the Municipal Conflict of Interest Act, and therefore members must comply with the Act s requirements. Police Services Board members must adhere to the provisions of the Act by disclosing the existence and general nature of a pecuniary interest in a matter prior to any consideration of the matter at a meeting, and the Member must: refrain from discussing or voting on the matter,, leave the meeting if it is not open to the public, not attempt to influence a decision on a matter before, during or after the meeting. Individual Board members must satisfy themselves that they are acting in accordance with the Municipal Conflict of Interest Act as it relates to their direct or indirect pecuniary interests. Members are encouraged to review the Act for specific details. (b) Code of Conduct: Members of Police Services Boards are also required to adhere to a Code of Conduct. That Code is set out in Ontario Regulation No. 421/97 to the Police Services Act. A copy of the Code is attached as Appendix B to this Guide. 6. Board Meetings The Police Services Board is required to hold a minimum of four (4) meetings per year. Each fall, the Board sets the schedule for its meetings for the upcoming year. The meetings are usually held on a Thursday starting at 9:00 a.m. The meetings are open to the public and are held at Police Headquarters at 1151 Bronte Road. The dates for upcoming meetings and the agenda (once available) are posted on the Board s page of the web-site at: www.haltonpolice.ca. In 2015, the Board met eleven times and considered 156 reports. 7. Other Functions: In addition to the monthly Board meetings, Members are expected to be fully engaged in the various Police Service and policing functions. Functions range from swearing in ceremonies for new employees of the Service to multi-day conferences. Your participation is important to demonstrate your commitment to policing within Halton. 8. Financial Management Financial management of the Police Service is linked to the creation of a three year Business Plan for the Police Service. The Police Services Board in concert with the Chief of Police develops a Business Plan which sets out various objectives to be achieved. The Police Services Board provides the Chief with budget direction for development of the annual budget. In addition to the objectives to be achieved, the Police Service must ensure the Region is policed in an adequate and effective manner. Page 4
The Police Services Board considers the budget as submitted by the Chief however may request the Chief to revise it until the Board is satisfied it meets the needs of the Region. Once the Board is satisfied with the budget, it is then submitted to Regional Council for consideration. By legislation, every municipality that maintains a police service is responsible for providing adequate infrastructure and funding to police the community. That said, Regional Council however cannot approve or deny any specific item in the budget. They may either approve the budget as submitted, request that it be revised or approve an amount it feels is appropriate. If a revised amount is approved, the Board must then decide whether the budget is adequate for its needs. If not, the Board may ask the Ontario Civilian Police Commission (OCPC) for a ruling. The 2016 Police Service budget totals $139,700,000. The major budget costs relate to personnel (wages and benefits). A breakdown of the budget is as follows: 9. Labour Relations The Police Services Board is the employer for members of the Police Service. The Board is responsible for appointing members of the Service, and negotiating collective agreements with the two Police Associations which represent the members of the Service. The composition of the Police Service includes an authorized strength of 682 sworn (uniform) and 295.5 civilian staff for a total of 977.5 members. A number of temporary staff are employed for various operational requirements. These members are represented by the Halton Regional Police Association. As noted in Section 3 What Boards Do, the Board is responsible for recruiting the Chief of Police and any Deputy Chief. The Board must also monitor the performance of the Chief of Police. This monitoring is carried out by receiving various reports from the Chief of Police. Page 5
10. Concluding Remarks This Introductory Guide is meant to provide a small glimpse into the responsibilities and limitations of a Police Services Board. Once appointed to a Board, there is a steep learning curve, one which will take several months before you feel comfortable in your role. For Councillors appointed to the Board, the transition from Councillor to Board Member can be confusing. No longer are you just representing the constituents of your municipality, you are representing the entire Region. Board members must become familiar with the Code of Conduct and act in a manner which inspires trust, respect and confidence of the public. Page 6
Appendix A Board Member Competencies And Qualifications HALTON REGIONAL POLICE SERVICES BOARD POLICY DOCUMENT Policy No.: Policy Subject: Board Member Competencies And Qualifications Date Approved: October 30, 2014 Reporting Requirement Review Date: Legislative Authority: Section 27(1) of the Police Services Act requires that there shall be a police services board for every municipality that maintains a police force. The composition of the Regional Municipality of Halton Police Services Board is as follows: (a) (b) (c) (d) the head of the municipal council, or if the head chooses not to be a member of the board, another member of the council appointed by resolution of the council, two members of the municipal council appointed by resolution of the council, one person appointed by resolution of the council, who is neither a member of the council nor an employee of the municipality; and three persons appointed by the Lieutenant Governor in Council. Section 27(13) defines those persons who are ineligible for appointment to the Board as: A Judge A Justice of the Peace A Police Officer, or A person who practices criminal law as a defence counsel. Board Policy: It is the policy of the Halton Regional Police Services Board that members appointed to the Board shall meet minimum qualifications and competencies to allow the Board to fulfill its mandate of civilian oversight of the Halton Regional Police Service. To assist the appointing authorities in selecting qualified and competent members to serve on the Police Services Board, it is requested that the following qualifications and competencies be consulted when considering appointments to the Board. Page 7
A. Qualifications: 1. Provincial and Citizen Appointees It is the request of the Police Services Board that when the Province of Ontario or the Regional Council is considering citizen appointees to the Police Services Board, the following criteria be taken into consideration. Be a resident of the Region of Halton, Be a Canadian citizen or a permanent resident of Canada, Be at least eighteen years of age, Be of good moral character and habits, Not be disqualified by the Police Services Act 1, the Municipal Act 2 or the Municipal Elections Act 3, or any other Act from holding office. 2. Members of Regional Council It is not necessary to provide further qualifications for members of Regional Council appointed to the Board as they must meet the qualifications contained within the Municipal Act and the Municipal Elections Act. B. Competencies, Traits and Skills It is the request of the Police Services Board that when the Province of Ontario or the Regional Council is considering citizen appointees to the Police Services Board, the following competencies be taken into consideration. This list is not exhaustive and provides some insight into the wide range of competencies required to make the Board successful. An interest in public safety and police governance, A demonstrated ability and willingness to work and serve cooperatively with others in a team environment, An ability to meet the time commitments of the position including attending after hours functions and multi-day out-of-town conferences and seminars, Demonstrated leadership, management and financial skills, An ability to deal sensibly and rationally with a variety of issues within a group setting, and the ability to balance competing interests against legislative requirements, Specific knowledge or experience which may be an asset to the Board (e.g. labour relations, human resource matters, conflict management, and mediation skills/experience), 1 Section 27(13) of the Police Services Act 2 Sections 257 and 258 of the Municipal Act 3 Section 17(2) of the Municipal Elections Act Page 8
An ability to demonstrate impartiality in the carrying out of the Board s quasi-judicial functions, Demonstrated integrity and high ethical standards, Excellent communication skills An ability to adhere to the legislative requirements of the Police Services Act, Knowledge of the policing community and issues facing policing, Dedication to public service and community demonstrated through a record of community involvement. Page 9
Appendix B - Ontario Regulation No. 421/97 Members of Police Services Board Code of Conduct 1. Board members shall attend and actively participate in all board meetings. 2. Board members shall not interfere with the police force s operational decisions and responsibilities or with the day-to-day operation of the police force, including the recruitment and promotion of police officers. 3. Board members shall undergo any training that may be provided or required for them by the Solicitor General. 4. Board members shall keep confidential any information disclosed or discussed at a meeting of the board, or part of a meeting of the board, that was closed to the public. 5. No board member shall purport to speak on behalf of the board unless he or she is authorized by the board to do so. 6. A board member who expresses disagreement with a decision of the board shall make it clear that he or she is expressing a personal opinion. 7. Board members shall discharge their duties loyally, faithfully, impartially and according to the Act, any other Act and any regulation, rule or by-law, as provided in their oath or affirmation of office. 8. Board members shall uphold the letter and spirit of the Code of Conduct set out in this Regulation and shall discharge their duties in a manner that will inspire public confidence in the abilities and integrity of the board. 9. Board members shall discharge their duties in a manner that respects the dignity of individuals and in accordance with the Human Rights Code and the Charter of Rights and Freedoms (Canada). 10. Board members shall not use their office to advance their interests or the interests of any person or organization with whom or with which they are associated. 11. (1) Board members shall not use their office to obtain employment with the board or the police force for themselves or their family member. (2) For the purpose of subsection (1), family member means the parent, spouse or child of the person, as those terms are defined in section 1 of the Municipal Conflict of Interest Act. 12. A board member who applies for employment with the police force, including employment on contract or on fee for service, shall immediately resign from the board. 13. Board members shall refrain from engaging in conduct that would discredit or compromise the integrity of the board or the police force. Page 10
14. A board member whose conduct or performance is being investigated or inquired into by the Commission under section 25 of the Act shall decline to exercise his or her duties as a member of the board for the duration of the investigation or inquiry. 15. If the board determines that a board member has breached the Code of Conduct set out in this Regulation, the board shall record that determination in its minutes and may, (a) (b) (c) require the member to appear before the board and be reprimanded; request that the Ministry of the Solicitor General conduct an investigation into the member s conduct; or request that the Commission conduct an investigation into the member s conduct under Section 25 of the Act. Page 11