Monthly Archives: February 2015

Town council asks for report on employees’ qualifications

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In a River Town Times article by Ron Giofu, “Town council agreed via a 4-3 vote to get details on employees hired and moved by former CAO Mike Phipps, pending a legal opinion, but there are also questions over if that will put the town in legal jeopardy.”

The town’s Hiring of Employees policy, one of the policies former CAO Phipps would not provide without “a reasonable explanation for the request,” can now be found on the town’s website and CAO Miceli did provide it.

The 2007 policy currently states, “The Town shall provide accommodation for persons with disabilities who become employees of the Corporation.”

An updated policy is needed to reflect the passage of the 2005 AODA, the IASR (Integrated Accessibility Standards Regulation) and the town’s 2013 IASR Policy to include the requirement to notify its employees and the public about the availability of accommodation for applicants with disabilities in its recruitment processes.

Is $12,000.00 On Law Firm Well Spent?

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The River Town Times reports that “Town council has approved spending $12,000 in the fight to preserve General Amherst High School by hiring a local law firm.

The development of the plan will include stakeholder and partner consultation which will include the Council of the Town of Amherstburg.

Mayor Aldo DiCarlo was the lone dissenter, but said it had nothing to do with Leardi or his firm. He feels council is “passing the buck” on the matter and that it is that body that should be dealing with it directly.”

Poll will close in one week. The usual disclaimer applies – it’s not science; it’s entertainment.

 

Discriminatory Language In Amherstburg Police Service Contract

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Commentary by Linda Saxon

The Amherstburg Police Services Board and the Amherstburg Police Association negotiated contracts that include retirement at age 60, contrary to the Ontario Human Rights Code.

The Assistant Deputy Minister, Ministry of Community Safety and Correctional Services, advised all Chiefs of Police on January 15, 2007 of the proclamation of the Ending Mandatory Retirement Statute Act.

On March 5, 2012, Chief Tim Berthiaume advised then-Sgt. Saxon that he had no benefits since he just turned 60, that the town hall staff advised him. The town switched from Great West Life to Sun Life in February 2012 to save an approximate $52,000.00 annually. The town hall staff handles payroll/benefits for the police service and AON Hewitt, a benefits management company, was under contract as the named broker of record for the town.

Health Benefits cease at 60 in the collective agreement, but the Board arbitrarily amended it by deleting the age 60 reference in that section.

Chief Berthiaume provided the Board with 2012 proposed rate increases for discussion of life, AD&D, short and long term disability coverage. Life insurance was secured to age 65; there is no reference to age in the collective agreement with respect to that benefit.

The Association and Board never met to discuss this matter; they ‘negotiated’ through correspondence and no record of a formal grievance was disclosed. The Board’s position was that the appropriate time for discussion would be during the 2015 contract negotiations.

An unsuccessful Conciliation Hearing was held on December 5, 2012.

The Association did not pursue Arbitration; Saxon was told it was a human rights matter, although Arbitrators can interpret and apply Human Rights legislation and there is no fee for a Rights Arbitrator.

The Association had previously been involved in two Interest Arbitrations; in 1990 when it obtained historical parity with Windsor Police (unlike Windsor, retention pay has not been negotiated in Amherstburg) and in 2008 for a 2.5% rate increase for one officer’s position.

Saxon filed a Human Rights Tribunal Application; the Association hired a lawyer to defend its position while the Board relied on the town lawyer. The Board requested dismissal, suggesting the matter was appropriately dealt with at Conciliation and alternatively, requested deferral, pending the 2015 collective agreement negotiations. No documentation was filed indicating negotiations were ongoing. An Interim Decision was issued on June 23, 2014 by the Ontario Human Rights Tribunal; “the Board’s requests to dismiss or defer the Application are denied.”

In January 2014, Chief Tim Berthiaume inquired about rates for long term disability and referenced the 2015 collective agreement. Despite a 0% rate increase to extend short and long term disability benefits for officers above age 60, no change was made.

A new request has been submitted to the Board for the cost to the taxpayer to defend itself against the age discrimination complaint because, as posted previously, Amherstburg Police Services Board Ignored Question About Legal Fees.

Shame on the Board and the Association for not changing the collective agreement to reflect legislative changes to mandatory retirement and the human rights code regarding age, but negotiating the OPP takeover clause from 1998 to the current collective agreement and negotiating protection from discrimination because of Association membership.

Guidelines for police on body-worn cameras

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Wendy Gillis, the star, reports today on the “new guidelines released by the federal and provincial information watchdogs Wednesday — principles experts say will provide police with much-needed direction when using the fast-expanding policing tool.”

The document, Guidance for the use of body-worn cameras by law enforcement authorities, is posted on the Office of the Privacy Commissioner Canada’s website.

Amherstburg Police began wearing body cameras in the spring of 2013.

Amherstburg Police were to have conducted a final study by the end of 2014 to select a body worn camera for patrol officers or shelve project if not feasible for APS needs, according to the 2014 ~ 2016 Business Plan.

Julie Kotsis, The Windsor Star, reported at the end of 2014, “No decision has been made on their permanent use, according to Berthiaume, who added he recently updated the Amherstburg Police Services Board and plans a re-evaluation in the spring.”

Passionate About Policing

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Commentary by Linda Saxon

The idea of regional policing, amalgamated services and/or OPP policing has surfaced many times, but official costings were not always obtained so that a true comparison of ‘apples to apples’ could have been made.

In the meantime, for decades, Amherstburg taxpayers have paid a hefty price for a top heavy ‘local police service’ while elected officials disregarded the opportunity to reduce debt, provide increased accessibility or amenities with an estimated annual savings of a million dollars with an OPP option.

Historically, there has been an emphasis on the ‘local‘ officers by politicians and Chief Tim Berthiaume, who boasted that over 50 per cent of the officers are native to Amherstburg, including himself – a fact that has very little, if anything, to do with qualifications or efficient and effective policing.

Are the less than 50 per cent not native to Amherstburg less valued?

The River Town Times reports that A petition is being circulated to keep the police force local: “Meloche said her encounters with local police officers have been “very friendly” and “whenever you call them, they are there.” She said she didn’t want to see a situation where out-of-town officers are rotated into Amherstburg and not have an understanding of the community.”

Out of towners would be expected to provide professional policing services; wouldn’t suggesting otherwise be just as illogical as touting local employees as the best and only option despite the high cost?

In another RTT article, Mayor Aldo DiCarlo mentioned that Chief Tim Berthiaume as well as the Amherstburg Police Association could be utilized to gather input and analysis of the bids. Would anyone be surprised if either the Chief or the Association found fault with any proposal but the local option?

I disagree with DiCarlo, who said the police budget is “cut and dry” and that the current force is a “lean” one. Compare any OPP detachment to the local department and the difference in cost is due to the hierarchical structure and costing method.

The community needs to decide if it’s worth paying the cost to keep it local for tradition sake or if it’s time to admit that tax savings are needed, not tax increases.

Some would argue the safest community in all of canada designation is due to the Amherstburg Police efforts. I disagree; firstly, the statement is not factual and secondly, the caveat is that the statistics are only as good as those that were submitted; for example, if crime/incidents were not investigated, and therefore not submitted, they would not be included in the statistics.

Regardless, community input is needed and an objective decision has to be made. I, for one, can not support a local option that, in my opinion, handcuffs ratepayers and influences any decision because of unrealistic severance packages.

I have been a vocal critic of the Amherstburg Police for a long time; some of the reasons can be found at bullying in policing.

See also Discriminatory Language in Amherstburg Police Service Contract.

Toronto can’t afford another sweetheart deal with its police union

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According to The Star’s editorial on policing costs in Toronto, “The base salary for a first-class constable is now more than $90,000. But there’s more. Officers enjoy perks exceedingly rare in the private sector, including permission to bank up to 18 sick days a year and cash them out for tens of thousands of dollars; lavish “retention pay” bonuses; city-funded massages, and even having taxpayers cover the cost of doing their laundry.

Salaries and benefits gobble up 90 per cent of Toronto’s $1.15-billion police budget. And they’ve frankly become unaffordable, especially in light of falling crime rates across North America.”

Comment by Linda Saxon: fortunately, Amherstburg Police Service is one of those rare services in Ontario that did not negotiate ‘retention pay;’ it would have cost the taxpayers more, but nowhere near what the feared OPP takeover clause has cost us – an estimated million dollars a year to ‘keep it local.’

Town council to seek RFP for legal services

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Town Council has examined legal fees of $1.4 million from 2010-14 and has decided to seek an RFP (request for proposal). The legal fees for the Amherstburg Police have not been mentioned; as previously noted, Amherstburg Police Chief Tim Berthiaume stated, “the amherstburg police service does not ‘breakdown’ legal expenses.” As inevitably happens in a small town, there is a rumour that a certain ‘local lawyer’ is in a favourable position. River Town Times full article.