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.

No Answers Equals No Transparency Or Accountability

Commentary by Linda Saxon

On February 27, 2018, I requested CAO John Miceli answer three questions for me to post to theburgwatch.

  1. Were any Ministry of Community Safety and Correctional Services Police Service Advisors involved in the police costing process?
  2. Would you provide me with a copy of Berthiaume’s Completed Form as requested by the OPP?
  3. Would you confirm whether or not Council’s two motions to obtain an OPP costing were rescinded?

On March 1, I emailed Miceli, cc council, that if he was unavailable to respond to my media questions, if he would please forward them to someone who can.

Eight minutes later, Miceli responded:

“All of the questions that you are asking are in relation to an OPP costing process. As you may or may not know the Town did not request an OPP costing instead the Town developed an RFP dictating the minimum level of service requested from proponents. Council approved this method of procurement of services and the OPP was invited to participate in the process. The OPP elected not to respond to the Town’s RFP. All of this was disclosed in public reports. With that being the case I do not believe I can offer you any further information.”

Unsure that there had been any investigation into obtaining the requested documentation, I emailed Miceli back:

“If you review my questions, the first involves Ministry Advisors, as mentioned in the OACP Guidebook you relied on and i’m merely asking if any were involved in the police costing process, in other words, the costing process the town undertook.

i conclude from your response that Berthiaume never did complete the form for the OPP; did he complete an equivalent form for Windsor?

The third question, if you refer to it again, relates to council’s two motions to obtain an OPP costing and whether or not they were rescinded; council’s motions are not part of the OPP costing process, as you well know. “

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.

Police Costing Process – Transparent and Accountable?

Commentary by Linda Saxon

I emailed members of council the following:

As happy as I would be to be rid of Berthiaume, the Amherstburg police service and board, I fail to see how a contract with Windsor police will benefit the ratepayers, never mind entrenching a 20 year contract.

I wonder what all of you would say about such a contract if you were campaigning against a current council right now.

In my opinion, this costing process has not been transparent and it lacked accountability and responsibility.

Shortly after being elected, council was committed to obtaining all police costing comparisons.

The media reported that a committee was established to discuss costings. 

The JPAC recommended that administration be directed to hire MPM Consulting and the media reported in January 2017 a consultant was hired to “weigh the benefits of keeping its own police force, amalgamating with another force or hiring the OPP.”

At the same time, the JPAC recommended that administration be directed to, in part, develop an RFP for Windsor and LaSalle to respond to and work with the OPP on the OPP costing.

It appeared the OPP would still be an option and that council was committed to its two motions to obtain an OPP costing despite the committee determining earlier the OPP costing was not feasible.

Council should have held administration and the JPAC accountable for not implementing council’s motions.

The River Town Times reported Town council wants to make the decision once and doesn’t want to accept or reject any proposal without knowing all the details, DiCarlo said. “It was always council’s position to look at all of the options at the same time,” he said. “The goal is to have all of the information in front of us.” (emphasis added).

In the end, taxpayers were denied an opportunity to provide input on a comparison of all policing costs and options and instead were reduced to submitting subjective and emotional responses to a limited choice.

AMENDMENTS TO THE MUNICIPAL CONFLICT OF INTEREST ACT

Effective March 1, 2019, The Municipal Conflict of Interest Act is amended by adding the following section:

Principles

1.1 The Province of Ontario endorses the following principles in relation to the duties of members of councils and of local boards under this Act:

1. The importance of integrity, independence and accountability in local government decision-making. (emphasis added).

2. The importance of certainty in reconciling the public duties and pecuniary interests of members.

3. Members are expected to perform their duties of office with integrity and impartiality in a manner that will bear the closest scrutiny.

4. There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.

Accountability Begins At Home

Commentary by Linda Saxon

AM800 reported, As AM800 News first reported, Fryer called for “accountability” from the decision makers in charge of giving the green or red light to school buses during poor weather.

CTV News reported, Councillor Rick Fryer brought forward a motion looking for school board reps and the bus company to come before council — and be prepared to answer questions regarding the decision-making process regarding whether buses run or not during inclement weather.

Fryer told CTV News his motion would have forced accountability to taxpayers.

I have contacted all members of this council about concerns within its decision making authority:

  • policing costs
  • the police costing process
  • the lack of concern about accessibility
  • accessibility at Bellevue House
  • a Municipal Freedom of Information and Protection of Privacy breach
  • the timeliness of information from town hall
  • the lack of snow plows
  • the town’s official plan
  • public input regarding trails
  • outdated municipal policies
  • granting public funds to organizations with barriers to inclusion, either on their websites and/or to their buildings

Not once has Councillor Fryer responded to me.

He also never answered any of the residents’ 40 questions to the then-candidates through the burg watch in 2014.

But during the 2014 election campaign write up in the River Town Times, he said that, if elected, he will provide black-and-white answers to questions that residents pose.

Really? When? Will promises of accountability reappear during this year’s election campaign?

Three Then-Candidates Did Not Answer Questions About OPP Costing

As a result of the burg watch inviting residents to submit questions to council candidates in 2014, three questions were raised about police costings, a hot topic given the amount of debt the municipality burdened its ratepayers with.

Leo Meloche, Joan Courtney, Rick Fryer did not answer any of the three questions:

Question 6. Obtain OPP Costing, Remove Contract Clause

Question 13. Police Contract Buyout Clause

Question 18. Eliminate Police Contract Poison Pill Clause

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 Diane Pouget 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. Yes. It is only common sense that one should compare costs, whether it is police, banking, engineering, garbage pick up, etc. I believe it is of the utmost importance to remove the OPP clause, because it is unfair to our residents and should never have been included in the police contract.

Question 13. Police Contract Buyout Clause

A. 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. Yes I believe the Poison Pill Clause should be eliminated in the Police Contract to get an OPP costing. This is not to say that we must go with the OPP, but it is only fair to obtain this cost comparison for our residents.

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.

How Then-Candidate Jason Lavigne 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. I believe there should be a cost comparison between the opp and our local service done. In order to get a true idea of the possible cost savings the “poison pill” needs to be addressed. Unfortunately this can only be done by the police services board and not council. There are currently 3 members of the police service board running in this election, residents should be questioning these 3 candidates in regards to this issue.

Question 13. Police Contract Buyout Clause

A. No answer.

Question 18. Eliminate Police Contract Poison Pill Clause

A. No answer.

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.