Access To Letter: Town Did Not Follow OPP Costing Process

As mentioned in this post, I submitted a FOI request for the letter referenced by the mayor in a November 14, 2017 RTT article since he did not respond to my two emails regarding my request for the letter.

The town has disclosed the letter, along with the fact that it is publicly available so no FOI request was required.

The article, OPP does not give police costing to Amherstburg, quoted Mayor DiCarlo:

“Instead of getting a costing from the OPP, we got a letter saying they are not going to follow our guidelines.”

The OPP “basically said no” when asked for the details the town wanted, said DiCarlo. He said it was “incredibly disappointing” the OPP didn’t want to work with the town’s guidelines, adding it was also “very frustrating” that while Windsor was willing the OPP “couldn’t be bothered.”

The September 14, 2017 letter from the OPP is addressed to Mayor Aldo DiCarlo.

Rather than indicate an unwillingness to follow the town’s guidelines, the OPP reiterated “the OPP utilizes the Information Manual for the OPP Contract Proposal Process for all contract proposals” and explained, “the process prescribed in your Request for Proposal differs in significant ways from the process described in our manual. As a result, the OPP cannot participate in your Request for Proposal.”

The OPP also stated, “we have made several attempts to schedule an information session to explain to your Council the OPP contract proposal process. Since we have not been provided with the opportunity to do so, we recommend that you and your Council familiarize yourself with the Information manual, as it outlines all the steps involved in the contract proposal process.”

The OPP required a council resolution by September 30, 2017 if it wished to proceed.

The town confirmed that the September 14, 2017 letter to Mayor Aldo DiCarlo was presented five months later to council at its February 26, 2018 meeting.

Therefore, I disagree with the mayor’s position and submit the town did not follow the OPP costing process. How incredibly disappointing.

Severance For Amherstburg Police Officers Examined

The following is publicly available information from CAO Miceli and the JPAC to council.

According to the proposal, severance is not payable as all staff will be assumed by the Windsor Police Service (WPS).

Both the town and the Amherstburg Police Association obtained legal opinion; details of legal counsels’ positions is in a private and confidential memo.

The estimated range for severance outcome is $0-$2,400,000. based on the possibility of approximately 13 senior staff possibly not willing to transfer to WPS.

The worst case severance scenario would result in a reduced cost savings of $12,106,820 over a 20 year period or an average annual savings of $605,341. This average annual savings continues to represent a significant annual savings for the Town and while maintaining future cost predictability.

A best case scenario would be $14,557,845 whereby no severances would be paid out. As noted the issue of severance may be a legal contentious one and the ‘worst case scenario’ is provided to Council in the interest of full disclosure and transparency, and should not be construed as an outcome that is preordained.

OCPC Found Dysfunction In Peterborough

According to the CBC report, “Complaints in the field [of policing] are inherent so I can’t say I’m surprised. The Town of Amherstburg​’s police force has had complaints. This is what happens in the business. We’d like to know what the complaints are and the details behind them,” DiCarlo said.

Maybe Mayor DiCarlo should submit a Freedom of Information request. Or maybe he shouldn’t comment until he knows the details. For example, are breaches of human rights or privacy acceptable business practices?

The details of OCPC’s Investigation into Peterborough Police Services Board were serious and concluded:

Based on evidence obtained during the course of the investigation, as summarized above, the Commission is now of the opinion that the ongoing dysfunction of the PPSB constitutes an emergency and that the appointment of an administrator pursuant to subsection 23(1) of the PSA is necessary in the public interest. The status of the existing Board members is not affected by this Order, as they remain members of the Board in good standing, but the Board’s functions will be overseen by the administrator.

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.

What Is Adequate And Effective Policing?

In the November 14, 2017 RTT article, mentioned in this post regarding an FOI request for the letter referenced by Mayor Aldo DiCarlo, the mayor said he didn’t understand their costing model. According to the article, he said while the town understands it would get “adequate and effective” policing from the OPP, “they won’t tell us exactly what that means.”

Well how are we supposed to know exactly what it means if the Windsor Police proposal requires a Freedom of Information request?

FOI Request For Letter Referenced by Mayor

In addition to the FOI request to Windsor Police, I have submitted an FOI request to the town of Amherstburg for a letter referenced by Mayor Aldo DiCarlo in the RTT.

Mayor DiCarlo was quoted in a November 14, 2017 RTT article, “Instead of getting a costing from the OPP, we got a letter saying they are not going to follow our guidelines.”

In a June 9, 2018 email to Mayor DiCarlo, I requested a copy of the letter he referenced and the council meeting minutes wherein it was presented and discussed.

On June 11, I let the mayor know that I am awaiting his response.

Amherstburg Mayor Responds

Mayor Aldo DiCarlo’s response RE Windsor Police Proposal Requires FOI Application:

“I believe it has been stated publicly already that the Windsor proposal contains operations information that could jeopardize the safety and/or the property of the residents of both Windsor and Amherstburg.  It should be noted that Amherstburg police have never released related information as well, for the same reasons.

The entire process, short of the operations information, was public and transparent.”

I disagree on both counts.

Windsor Police Proposal Requires FOI Application

On June 6, in response to a request for the Windsor Police proposal to takeover Amherstburg Police, Town Clerk Paula Parker advised it was not posted publicly as it contained a confidentiality clause and I would have to request it from Windsor Police Services directly. I did.

Today, Windsor Police Privacy Coordinator advised I must make an access request, pursuant to the Municipal Freedom of Information Act, for a copy of the records I am seeking.

So, I apprised all members of council of my requests for the proposal and stated ratepayers were led to believe the entire process would be transparent.

I also asked if anyone would like to explain how being transparent is possible if information is kept from the public?

Any responses, if received, will be posted here.