Commentary by Linda Saxon
Current Amherstburg Police Services Board member and council candidate Pauline Gemmell’s responses to questions about the OPP clause in the police contract were set out in a previous post.
The Employment Standards Act does not apply to police officers.
Commentary by Linda Saxon
Readers of the burg watch have submitted three separate questions regarding the contentious Amherstburg police contract clause about switching specifically to OPP policing.
Current Police Services Board member and mayoral candidate John Sutton has not answered any questions, nor has current Police Services Board member and council candidate Frank Cleminson.
Current Police Services Board member and council candidate Pauline Gemmell responded, but did not answer specific questions or commit to the removal of the clause.
Regarding Gemmell’s statement, “The buyout clause is outlined in the contract. As with any corporation preparing to lay off large numbers (this would be situation here) the Employment Standards Act prescribes the basic requirements for any payout,” follow up questions were emailed: are you suggesting that there would be lay offs at the police service? can you provide me with the section of the Employment Standards Act that prescribes the basic requirements for any such payout?
Gemmell’s response is, “The ESA provides for basic but in the case of a contract those requirements are typically more than what ESA provides. Have you spoken to Chief Berthieume about this? He is very helpful when anyone from the public asks questions.”
The three questions in full, along with Gemmell’s responses are:
Question 6: If elected, will you commit to council obtaining an OPP costing and if appointed to the police services board, will you commit to removing the OPP takeover clause in the police contract? If running for re-election, why did you not consider doing the above?
The current costing model for OPP is changing and as such will be difficult to get a clear cost for OPP at this time. I think that council should always be looking at the cost of all services and be looking to less expensive and equal quality alternatives. We have a great Police service here in Amherstburg and there are many benefits that we enjoy as a result of having a local police service. Our officers are skilled and dedicated to this community.
Question 13: The Town now is in the process of negotiating a new contract with our local police force. Within this contract (expires Dec 2014) is a clause which if activated could cost our town dearly! What is your knowledge of this buyout clause? what is your understanding of the rational behind the inclusion of it in our contract? What and how many officers would be involved? What would be the cost to our town if enforced one day? From my understanding, we are talking anywhere from 8-10 million dollars would be paid out to officers changing uniforms, not losing jobs? Your thoughts please!
I believe that our Police provide an excellent service. The buyout clause is outlined in the contract. As with any corporation preparing to lay off large numbers (this would be situation here) the Employment Standards Act prescribes the basic requirements for any payout. Beyond that the town would be required to honor provisions found in the contract.
We have a good and effective police service in our community. The cost factor needs to be discussed once the negotiations but other factors also must be considered along with the cost factor. It’s important that we all know what would be the result of having OPP in our community instead of our own police services. We need to look to other communities who have done this. Where are the officers dispatched from? There is a new costing formula and that also needs to be considered.
Question 18: Do you believe the Poison Pill Clause should be eliminated in the Police Contract in order to get an OPP costing to compare the costs of policing of OPP versus Amherstburg Police.
Having a costing for alternative services is not dependent on a clause in a contract. The police services is currently beginning to prepare to negotiate a new contract and as such this is something that should be considered during these negotiations.
Question: This is not so much a question but a commentary I guess. After researching websites for campaign issues, I was directed to the mayoral candidate’s Facebook page who chose not to participate in answering theburgwatch. I have no issue with not answering, that’s a personal choice. What I do have issue with is them reading all of the candidate’s answers, taking them out of context, and then manipulating them to a perspective that implies incompetence. Perhaps it is a desperate attempt to steal votes or perhaps that’s who they are. Either way, hopefully the voters will question that interpretation before making a judgement.
Accessibility information is included on the back of the voter registration: “Accessible voting equipment is available on all advance voting days to assist voters who cannot negotiate a paper ballot. On Election Day this equipment will be available at the Libro Credit Union Centre.”
What will it take for Amherstburg to become as progressive as other municipalities and switch to the more accessible online voting option?
I did not think it would be necessary, but a policies page has been created and is located in a tab at the top; the page includes a comments policy and a privacy policy.
The ACRG (Amherstburg Citizens For Responsible Government) has added a new tab called the “fiscal three” that displays how the fiscally responsible council members voted in the last 11 months.
Commentary by Linda Saxon
In May, Phipps confirmed he was leaving (The Windsor Star) before reaching the end of his two-year contract but said, “I feel an obligation to hang in there to see that the election is run properly and legally.” I do not recall any reports that any elections were not run properly and legally, nor do I recall that additional positions were needed to run an election. Besides, if the new CAO is capable, Phipps can leave; he has overstayed his welcome.
Too much emphasis has been placed on the ‘negative’ people in this community and the negative media coverage but when Phipps, as CAO, behaves in an antagonistic manner, how much negativity is created?
I posted Phipps’ email, “So by notice Ms Saxon, you will no longer have to deal with any “insolent” staff because you will deal with me only.”
Unless someone advises me that all the town hall staff have been let go and Phipps will do it all, I will contact whomever I wish and whenever I want to request information as a free citizen. As I advised Phipps and everyone on council, “historically, there has never been a requirement to provide a reasonable explanation for a request for information. However, if council has established a policy for how administration deals with requests, i am not aware of such a policy.”
No one is obliged to disclose any reason for a request, even when filing an official FOI request form, which is rarely necessary where information is freely available through an open and transparent policy. Oh, but the town has no such policy according to Phipps, “With respect to accountability and transparency, I believe the Town has done as much as is reasonably possible to ensure both. There are no written policies.”
Regardless of the decree, “We will not be providing you with hiring policies or the procurement of goods and services unless you can provide me with a reasonable explanation for the request,” my explanation is that i am a person with a disability and i wish to scrutinize my municipality’s policies.
Phipps’ iphone response was, “I will consider your request based on the limited info you have provided.”
As of January 1, 2008, S.270 of the Municipal Act required that municipalities adopt policies in each of the areas that I requested; Section 224 of the act explicitly includes accountability and transparency as part of the role of council.
I imagine the new council will be busy ensuring compliance with legislative requirements and hopefully establishing a policy for dealing with inquiries from the public that would include training in customer service. Phipps is, after all, a civil servant.
Mary Caton’s Windsor Star article this evening mentions both the burg watch poll and the Amherstburg Election Prediction Project show DiCarlo in the lead for Mayor.
The ACRG (Amherstburg Citizens For Responsible Government) has added a new tab that displays how the ‘gang of four’ voted on some of the issues over the past 11 months.
Thank you to the organizers for the opportunity. If this event did not occur, I don’t think I would have had the opportunity to reach out to so many people at once. I apologize to anyone I didn’t have the opportunity to speak to, due to the number of voters engaging me at once. Win or lose, I would attend this event in the future if it is repeated in the next election.
Sincerely,
Aldo DiCarlo
the burg watch 