Amherstburg Holds Emergency Meetings In Response To WPS Investigation

Blackburn News reported, Amherstburg’s Police Services Board meets for an emergency meeting Thursday afternoon in response to an investigation into the Windsor Police Service.

The report includes: Mayor Aldo DiCarlo, “I guess the biggest thing that has taken me back is the last minute notice from the OCPC,” says DiCarlo. “That really didn’t give us much more than a day to try and figure out what we do and so, that more than anything has got me a little upset.”

Investigation Into Windsor Police Service and Board

CBC News reported The OCPC started to receive complaints in January and opened an investigation into on May 4. The investigation is being disclosed now ahead of the push for WPS to offer policing services to Amherstburg.

The Windsor Star also reported, The investigation by the Ontario Civilian Police Commission concerns Windsor police hiring and promotional practices including alleged nepotism, allegations of a “poisoned work environment” and allegations of “improper interference in specific legal proceedings,” Windsor Mayor Drew Dilkens confirmed Wednesday.

iheartradio/am800 reported

The Commission says it decided to conduct an investigation on May 4 into a number of issues, including;

  1. Whether the promotional processes, particularly to administration rank positions, are fair and transparent and whether the Board exercises appropriate oversight of those processes
  2. Whether the hiring processes relating to the potential hiring of relatives are fair and transparent
  3. Whether the board is appropriately informed about administration issues relating to its mandate, including the promotional processes involving candidates for senior administration
  4. Whether there has been improper interference in specific legal proceedings and whether any such interference has been initiated, encouraged and/or sustained by the current administration of the WPS and/or the board.
  5. Whether a poisoned work environment has been created, encouraged, and / or sustained by the current administration of WPS in relation to workplace policies and/or accommodation requests
  6. Whether the WPS has fair and transparent processes to address workplace harassment and human rights complaints
  7. Whether the board is fulfilling its statutory oversight role in relation to items 5 and 6.

OCPC To Hold Public Meeting – Amherstburg Policing Proposal

Although the Windsor Police Proposal to take over policing in Amherstburg is not publicly available, the Ontario Civilian Police Commission will hear from the public on June 26, 2018:

9:00 a.m. – 4:30 p.m.  AND 6:00 p.m. – 9:00 p.m.

Libro Credit Union Centre (Libro Centre)

3295 Meloche Road Amherstburg, ON

​To download/access the official Notice of Public Meeting, click here.

To download/access relevant portions of submissions, click Part 1Part 2, and Part 3.

Amherstburg Taxpayers Losers In Policing Decision

Commentary by Linda Saxon

Council’s motivation to compare policing costs was the level of municipal debt and it was committed to obtaining an OPP costing; it carried two motions to do so.

There were also other cost-saving options to reduce the police budget’s share of municipal taxes.

Council could have established the police budget and maybe taxpayers wouldn’t have been burdened with items like body worn cameras that large police services couldn’t afford because of data storage.

Despite claims over the years that the board was autonomous, according to the Police Services Act: Upon reviewing the estimates, the council shall establish an overall budget for the board for the purposes described in clauses (1) (a) and (b) and, in doing so, the council is not bound to adopt the estimates submitted by the board.

Council could have decided the taxpayers should only pay for a three member Police Services Board instead of the five recommended for a large police service.

Had council elected the OPP in 1998, when the OPP communication system was province wide, taxpayers might have realized $1 million savings annually, or $20 million by now, that could have been put toward infrastructure.

Instead, Amherstburg depended on others for dispatching and switched services a number of times from LaSalle, to Leamington, back to LaSalle, then to Windsor.

The proposed benefits of the 1998 amalgamation were identified as follows:

  1. operating costs would be stabilized through efficiencies;
  2. human resources would be deployed more efficiently;
  3. specialized police units would become financially viable due to the economics of scale;
  4. labour relations matters would be simplified;
  5. larger pool of human resources available to deal with major incidents;
  6. communications and computer systems would be enhanced; and
  7. several other benefits both to the service and to the public.

Amherstburg had access to the OPP specialized units and did require them on occasion, but will taxpayers now pay for specialized Windsor units 365 days a year whether they are needed or not?

The OPP’s mandate is to patrol the waterways so how necessary was an Amherstburg Police marine unit? Will a Windsor Police marine unit continue to be an unnecessary municipal expenditure?

The Police Services Board could have put an end to the OPP ‘poison pill’ clause in the police contract that seemed to inhibit the town obtaining an OPP costing.

The Windsor Star reported that Taxpayers in Windsor pay more per capita for policing than all other parts of Essex county, sometimes double that of its county neighbours policed by the OPP.

Given those verified figures, and because Amherstburg did not obtain an OPP costing as it was committed to doing, twice, Amherstburg taxpayers lost an opportunity to know if a better cost saving option was possible.

Consequently, no one can claim we got the best bang for our buck, despite that being the goal.

For the past twenty years I have maintained the Amherstburg Police hierarchical structure was costly and unnecessary; after all these years Windsor Police’s proposal to save money will see the hierarchy change.

Role Of Police Service Advisors

Commentary by Linda Saxon

I inquired if any Police Service Advisors were involved in the police costing process because Advisors are readily available: see page 3 of the OACP (Ontario Association Chiefs of Police), A Process Guidebook for the Review of Policing Options 2012, the guide referred to by CAO Miceli:

“During any consideration of policing options, the initial responsibility of the advisor is to outline for the Board and Council their options and responsibilities under the Act and the potential implications of each. During a review of Policing Options, the advisor is available upon request to provide information and advice to participants in the process. Their advice is based on the legislation contained in the PSA, its regulations, and Ministry guidelines, as well as best practices that arise from other similar restructuring experiences.”

Requesting Ministry Advisors might have been productive and might have saved ratepayers from paying for a private firm like MPM Consulting.

Windsor Staff Sgt. Refers To Police Culture At HRTO Hearing

A Human Rights Tribunal of Ontario hearing was held in Windsor to decide the allegations of Staff Sgt. Christine Bissonnette, who filed a human rights complaint after not being promoted to Inspector.

The Windsor Star reported, Bissonnette argued she was just as qualified as the men who got promotions. But, she said, there is “systemic discrimination” at the force that keeps her down.

“You have to understand the culture of this organization,” she told the hearing adjudicator after the police service’s lawyer repeatedly objected to Bissonnette’s examples.

The hearing is set to resume on dates yet to be selected in April or May.

How Then-Candidate Bart DiPasquale Answered About OPP Costing

For the first time in an election campaign, the burg watch provided a forum for Amherstburg residents to submit questions to council candidates in 2014.

As a result, questions were raised about police costings, a hot topic given the amount of debt the municipality burdened its ratepayers with.

Of those that were elected, here’s how they answered:

Question 6. Obtain OPP Costing, Remove Contract Clause

No answer.

Question 13. Police Contract Buyout Clause

No answer

Question 18. Eliminate Police Contract Poison Pill Clause

Q. 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.

A. I believe this part of the contract should be negotiated out of the contract so we can be on the same playing field as the rest of the Province I getting the best bang for the dollar.

How Then-Candidate Aldo DiCarlo Answered About OPP Costing

For the first time in an election campaign, the burg watch provided a forum for Amherstburg residents to submit questions to council candidates in 2014.

As a result, questions were raised about police costings, a hot topic given the amount of debt the municipality burdened its ratepayers with.

Of those that were elected, here’s how they answered:

Question 6. Obtain OPP Costing, Remove Contract Clause

Q. 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?

A. With my labour background, and expertise in contract negotiations, this question is not difficult. For the record, I have negotiated 4 major contracts and facilitate workshops, related to bargaining preparation and successfully negotiating contracts. That said, I spoke with the major stakeholders related to this issue. The information I received was both confusing and frustrating. The current board has had 4 years, at least related to this contract, to request and obtain a costing to switch to OPP services. To my knowledge, no such costing has been requested to this date. Further, such costing has been free of charge to the municipality, but may actually require costs in the future. As a tax paying citizen, this particular point downright infuriates me. Why would the board not acquire something free that could help the Town decide what’s in their best interests. They might tell you that doing so could cause morale problems. However, I now know that they never bothered to even ask the Police Association, so this is just a speculative position. Now the final logic. For those who look at the current demographics of our current Police Force, they’ll notice that the average age is on the young side. Since there is a grandfather date in the contract, this clause wouldn’t apply to most of them. If you see where I’m going, now is the time to successfully remove the takeover clause. I’m sure there would be a minimal cost compared to the cost of implementing the clause, but that’s why it’s called negotiations. There has to be give and take. I can’t honestly say which I’d prefer, municipal or provincial policing. What I can say, what I know, is that the current board didn’t do their due diligence in acquiring the information for us to make an educated decision on what would be best for the town…information that would have been ‘free’. I would definitely acquire this information, if given the chance, and then work with the appropriate parties to achieve what’s best for the Town, or more importantly, what the Town feels is best for them.

Question 13. Police Contract Buyout Clause

Q. 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!

A. Here’s what I know: The buyout clause was inserted sometime in the 1990’s during amalgamation of Essex County. At the time, pensions were not transferable from municipal policing to provincial policing plans. The clause was meant to compensate, or rather not penalize, officers who might be forced to switch. Since that time, municipal pension plans can be transferred to provincial for the officers who choose to go to the OPP. There would be a shortfall for the officers, as their current pension plans aren’t quite equal to the provincial plans. This could likely be negotiated at minimal cost compared to the cost of implementing the clause as is. Approximately half of the current officers would be affected by the pre‐hire date of October 2001, that is, the officers hired prior to this date would receive the maximum 3 months’ pay for every year of service. The others would receive 3 weeks’ pay, I believe. I can’t tell you the exact figure for the cost if enforced today, but I’ve been told it is in the millions? Please see my answer to question 6 for more. As a matter of clarification for those that might think the Police Association has some control over the costing from OPP, they do not. The costing for OPP services must be done by the Board. Please look up who is currently on the Board and ask them why they have never bothered to cost out the OPP services or ask the Association for their position?…at least not to my knowledge.

Edited in original document: I have recently been corrected on who is required to request the costing for OPP. I am told that the OPP costing must be requested by Council, not the Police Board. The rest of my position remains the same. There has been numerous years to request OPP costing by Council, of which there was no cost to the Town.

Question 18. Eliminate Police Contract Poison Pill Clause

Q. 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.

A. Please see my answers to questions 6 and 13. No offence to the author of the question, but I would not refer to the clause as the ‘Poison Pill’. It is a clause that had legitimate compensation when it was first introduced. It may not be in the best interests of the Town today, but I believe it can be addressed appropriately.

Facts About OPP Costing

Commentary by Linda Saxon

In response to Glenn Swinton’s letter to the editor, River Town Times.

Glenn Swinton asked some sensible questions; however I wonder if one might not have been posed had the facts been known.

Mr. Swinton asked, “why are we now ‘negotiating’ the RFP with Windsor and not trying to accommodate or meet service levels from the other services that didn’t want to meet the RFP in the first place?”

The then-newly formed Joint Police Advisory Committee determined in July 2016 the OPP costing process was not feasible and the Municipality should drive the process to include bids.

While some municipalities issue RFPs for consultants and establish costing committees to compare all policing options, Amherstburg devised a Joint Police Advisory Committee (JPAC) to ‘guide the development for a Request For Proposal (RFP) and hired a consultant to assist the committee.

It wasn’t that the OPP opted out; the OPP were ready to commence the costing proposal process for Amherstburg in June 2017 following the Ministry of Community Safety and Correctional Services approved OPP costing process.

The OPP requested dates to schedule a meet and greet and asked CAO John Miceli to forward the Municipal Police Service Profile form to Chief Berthiaume or his designate for completion and return within four weeks; this would have been step three of the process.

The RFP was issued in July 2017. Everyone involved ought to have known an RFP for services was a different process than the Ministry-approved OPP costing process implemented around the province.

The JPAC received the OPP Information Manual for the OPP Contract Proposal Process detailing the steps to be followed. And, even though the committee used guidelines for the review of policing options from the Ontario Association of Chiefs of Police, the OPP process was also detailed in it.

The committee also discussed public consultation prior to the RFP even being developed and ratepayers should have had the opportunity to express the level of policing service they expect.

Instead, the public’s choice was limited to maintaining the status quo or selecting Windsor Police Service without knowing if there were better alternatives, despite elected officials’ promises to explore all cost saving options.