Category Archives: Policing

Berthiaume, The Board And The Bulls

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As mentioned in a previous post, Amherstburg Police Chief Berthiaume’s presentation to the Amherstburg Citizens for Responsible Government (ACRG), incorporated the group’s questions about the police contract.

A section of Berthiaume’s presentation includes a slide titled Future Challenges, Contract Negotiations that is followed by:

Slide 18: Does this mean the board is gambling?

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Slide 20 is titled “1 Against 5,” presumably the Board against the 5 contracts.

Police Board Against 5 Bulls A huge bull is prominently displayed in slide 21, with no title, but one can speculate its meaning with the bull’s label: Police Arbitration System Ontario.

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It is unclear if Berthiaume’s presentation represents his position as chief, one of the bulls.

The Police Association of Ontario (PAO) acknowledged some organizations’ position that “Ontario’s arbitration system is broken and needs to be fixed” and how they are very quick to blame the arbitration system for local tax increases saying that “so many of our collective agreements are determined through interest arbitration.”

The PAO’s Interest Arbitration Facts, asks if the criticism is based on facts. The Backgrounder contains one little known fact: The Arbitration Commission is a neutral body that is appointed by the Lieutenant Governor in Council. It is balanced by members from both Associations and Police Services Boards.

According to the Ontario Police Arbitration Commission website, its “main function involves the appointment of conciliators and arbitrators to assist police associations and police services boards in the resolution of disputes arising out of the negotiations and administration of their collective agreements. The Arbitration Commission is a neutral body and does not become involved in the issues between the parties and does not influence the outcome of conciliation or arbitration.”

ONTARIO REGULATION 268/10 made under the POLICE SERVICES ACT limits political activity of police officers and since the Chief is not a party to contracts between the Board and the Association, the Board should have answered questions from ratepayers.

Current Council Candidates and Amherstburg Police Services Board members Frank Cleminson, Pauline Gemmell and John Sutton are campaigning, but have not answered questions about the contract: if it is currently being negotiated, if a consultant was hired and if there was a competitive process.

Commentary by Linda Saxon

Candidates Cleminson, Gemmell, Sutton Given Opportunity To Confirm/Deny Police Contract Negotiations Underway

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Three candidates for council, currently Amherstburg Police Services Board members, have been given an opportunity to respond to inquiries about the Amherstburg police contract; specifically, if “negotiations are underway for a new collective agreement for amherstburg police service” and if “a consultant has been hired to negotiate the new contract on behalf of the board and if so, if there was a competitive process and if there was, i’d like an electronic copy of the notice/advertisement for a consultant.”

Human Rights Tribunal Hearing Date Set

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A public hearing will be held on February 19 and 20, 2015 at Windsor City Hall to decide an Application by James Saxon v. Amherstburg Police Service Board and Amherstburg Police Association regarding an allegation of discrimination because of age.

The Amherstburg Police Service Board requested that the Tribunal dismiss the Application on the basis that a conciliation under the Police Service Act has appropriately dealt with the Application. Alternatively, the Board requested that the Tribunal defer consideration of the Application pending the outcome of collective bargaining between it and the union representing the applicant.

In a June 23, 2014 Interim Decision by the HRTO, the Board’s requests to dismiss or defer the Application were denied.

Amherstburg Police Contract Negotiations Underway?

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Amherstburg Police Chief Berthiaume’s power point presentation to the Amherstburg Citizens for Responsible Government (ACRG), incorporated the group’s questions about the police contract.

No answers were included so I emailed, “do you have any notes that you could send me whereby you answered the group’s questions?” Berthiaume responded, “No I do not.”

Some of the slides contain clip art images of card-playing smileys and bulls.

Slide 20, titled “1 Against 5” presumably depicts the Board against the 5 contracts. A huge bull is prominently displayed in slide 21; although there is no title, one can speculate its meaning.

Following the presentation, the ACRG noted a correction on its website, “according to the Chief contract negotiations have not yet started; when?”

Amherstburg Police Services Board members were listed: John Sutton, Frank Cleminson, Wayne Hurst, Pauline Gemmell.

The Human Rights Tribunal of Ontario had to address whether an Application by James Saxon alleging discrimination because of age contrary to the Human Rights Code should be deferred pending the outcome of collective bargaining between the Amherstburg Police Services Board and the union representing the applicant.

The Human Rights Tribunal of Ontario, in its Interim Decision of June 23, 2014 concluded that “There is no parallel proceeding in this case that is underway that would cause the Tribunal to defer consideration of the Application.”

Commentary by Linda Saxon

Amherstburg Police Constable Andrew Challans Not Guilty

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The Police Services Act hearing concluded today with a finding of not guilty on all counts.

The Windsor Star Dec 04, 2013 article reported that Challans’ lawyer Bradie argued testimony showed it was Const. Aaron Chambers who intervened and “applied force that caused injury to Timms-Fryer’s face” when he knocked him to the ground. 

How much will this add to the taxpayers’ burden?

Council Could Cut More

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monica wolfson’s updated April 16 windsor star blog post reports that amherstburg town council has not yet adopted its budget and will continue deliberations on april 24.

I would rather decide for myself which, if any, charitable organizations I would support than have council arbitrarily direct taxpayers’ money to some charitable organizations like the House of Shalom, a facility that is not accessible to everyone.

It isn’t the first time that council considered directing visitors to the Gordon House instead of the Front Road centre, nor is it the first time I objected. As a town-owned facility, the municipality is obliged to consider accessibility pursuant to provincial accessibility legislation; additionally, the town could be susceptible to a human rights complaint given the lack of accessibility at the Gordon House.

I would have thought the town learned its lesson after my decade long battle and subsequent human rights decision resulting in the library elevator. A recent HRTO decision against 1762668 Ontario Inc., owned by Rennie and Anne Rota, confirmed a landlord’s responsibility.

Cutting council’s portion of the budget would hinder communication with constituents – really? How many times do councillors respond to emails and/or telephone calls?

Policing costs and/or any proposed cuts to the police budget are missing. In an April 8, 2014 CKLW post, Police Chief Tim Berthiaume was confident council will approve the police budget, saying his force is one of the most cost-effective in the province.

The 2012 Annual Report of the Office of the Auditor General of Ontario included a Cost Comparison of Municipal Police Services, 2011; the estimated per capita cost of police services for a population between 15,000 and 49,999 was:

  • Municipal Police Service $284.00
  • OPP – with contract $150.00
  • OPP – no contract $131.00

According to OPP estimates, municipalities with and without contracts save on average anywhere from 35% to 60% by using the OPP instead of having their own police forces.

Since the Amherstburg Police collective agreement expires the end of 2014, now is the most opportune time to obtain an OPP costing and delete the OPP takeover clause. Amherstburg taxpayers have long supported a police department hierarchy unparalleled by similar-sized OPP detachments. If council had acted sooner, say at least 12 years ago, it might not have had to entertain the selling of Essex Power shares for $12 million.

There seems to be some misinformation regarding the police budget and the responsibilities of the police services board and council, but both are clearly set out in the Police Services Act:

Estimates

  1. (1)  The board shall submit operating and capital estimates to the municipal council that will show, separately, the amounts that will be required,

(a) to maintain the police force and provide it with equipment and facilities; and

(b) to pay the expenses of the board’s operation other than the remuneration of board members.

Same

(2)  The format of the estimates, the period that they cover and the timetable for their submission shall be as determined by the council.

Budget

(3)  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.

Same

(4)  In establishing an overall budget for the board, the council does not have the authority to approve or disapprove specific items in the estimates.

Commission hearing in case of dispute

(5)  If the board is not satisfied that the budget established for it by the council is sufficient to maintain an adequate number of police officers or other employees of the police force or to provide the police force with adequate equipment or facilities, the board may request that the Commission determine the question and the Commission, shall, after a hearing, do so. 1997, c. 8, s. 26.

Council can do more and should do so – just say no to frivolous requests and spending.

Commentary by Linda Saxon

 

Time For OPP?

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with increasing debt, wouldn’t it be more responsible to obtain an OPP costing and possibly save a million dollars a year in policing costs instead of burdening the taxpayers with increased taxes to reduce a debt load that may be due, in part, to costly municipal policing?

Aburg police have new way to clock staff hours

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According to The Windsor Star, Chief Tim Berthiaume stated, “We’ll require all hourly employees … to swipe in and out at the beginning and at the end of their shift.” If the aim of the new clock is to tighten control over the management of employees’ work time, shouldn’t the Chief and Deputy Chief also have to swipe in and out? Wouldn’t they want to  participate so as not to give the appearance that they are exempt from accountability?

Read more: The Windsor Star