|
Ottawa
Police Services Board
Minutes 20
Monday,
27 June 2016, 5:00 p.m.
Champlain
Room, 110 Laurier Avenue West, Ottawa
|
Present: Councillor E. El-Chantiry
(Chair), Councillor J. Harder, C. Nicholson, L.A. Smallwood, Councillor T.
Tierney, S. Valiquet
Regrets: J. Durrell (Vice Chair)
CONFIRMATION OF
AGENDA
DECLARATIONS
OF INTEREST
There were no
declarations of interest.
ITEM OF BUSINESS OF WHICH NOTICE WAS PREVIOUSLY GIVEN
1.
AMENDMENT TO
PROCEDURE BY-LAW No.3 OF 2014
That
the Ottawa Police Services Board approve By-law No. 2 of 2016, being a By-law
to amend Ottawa Police Services Board Procedure By-law No. 3 of 2014 as amended
by By-law No. 1 of 2016.
CARRIED
ITEMS OF BUSINESS
1.
CHIEF’S VERBAL
REPORT
Chief Bordeleau reported on the following items (a
copy of the Chief’s verbal report will be kept on file with the Board’s
Executive Director and is available online at ottawapoliceboard.ca):
·
Response
to call in Overbrook
·
NALS
& Canada Day
·
Service
Initiative Update.
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
2.
BOARD
COMMITTEES: REVIEW
Policy and Governance Committee’s
report
Member
Nicholson introduced this report as Chair of the Policy and Governance (P&G)
Committee. By way of background, he noted that at its meeting on 25 April 2016, the
Board tasked staff with conducting a review of the committee procedures and
practices of other large boards in the country and reporting them to the
Committee. The Committee was tasked with reviewing the findings and making
recommendations to the Board.
The
P&G Committee considered the comparator data, pertinent legislation, and
comments from the Board Solicitor at meetings on June 3 and June 20. The
Committee members agreed it is very important that the public see that civilian
oversight is happening. In the interests of openness and transparency, the
Committee submitted the recommendations contained in its report, which included
advertising the meetings so that the public can attend them, and including
minutes and reports from committee chairs on Board meeting agendas.
Member
Harder proposed disbanding the committees as they are essentially working
groups, and having all matters come to board meetings. A discussion of the
pros and cons of this suggestion followed.
The
Board then heard from a public delegation. Mr. K. O’Donnell, asked for
confirmation, which was provided, that the committee agendas would be posted on
the City’s website along with the regular agendas. Referring to the report,
Mr. O’Donnell noted that section 35 of the Police Services Act reads
meetings “may become a closed meeting”; he wanted to clarify that there is no
provincial law that says meetings must be closed at anytime. He wanted to
ensure that the transition from open to closed meetings would make part of the
public record. This was confirmed. He inquired if he would be permitted to
offer his comments at committee meetings.
Mr.
D. White, Board Solicitor, explained that the way the Board conducts meetings
is somewhat different from the way Council and its committees conduct theirs.
The committees of Council have a separate mandate, some of them have decision
making authorities. From a procedural standpoint, he was of the opinion that public
delegations with respect to items not on the agenda would come to the board,
which could then assign it to a committee if it wanted consideration at a
working group or committee.
The
Board then considered the following motion put forward by Member Harder:
Moved
by J. Harder
That
the working groups be disbanded and all work come before the Ottawa Police
Services Board regular meetings.
LOST
YEAS: J. Harder, T.
Tierney …. 2
NAYS: E. El-Chantiry, C.
Nicholson, L.A. Smallwood, S. Valiquet .…. 4
Board members then considered the following recommendations:
That the Ottawa Police Services Board approve:
1. That the
date, time and location of committee meetings be advertised on the Board’s
website, and the items that are public be listed.
2. That a list
of topics (attached as Document 3) exempt from being discussed in open
committee be made publicly available to provide transparency on what can be
discussed in closed session versus public.
3. That
Committee Chairs provide an update on committee meetings at regular board
meetings and minutes of committee meetings be included on the Board’s agendas
(public or confidential agenda depending on subject matter).
4. That the content
of minutes consist of the essence of the subject, the outcome, and a summary of
the rationale for the outcome.
CARRIED
J.
Harder dissented
3.
IMPLEMENTATION OF
ONTARIO REGULATION 58/16: “COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN
CIRCUMSTANCES – PROHIBITION AND DUTIES” (STREET CHECKS)
Chief’s report
Presentation
Acting Chief Skinner introduced Inspector M. Patterson
and Ms. L. Fenton, Project Manager, who provided information to the Board on
Ontario Regulation 58/16 and what it means for the police service. (A copy
of the presentation will be kept on file with the Board’s Executive Director.)
The following points of clarification were made after the
presentation:
·
The
regulations are strict but manageable, and only apply to arbitrary stops, which
the Ottawa Police Service was not engaged in.
·
This
regulation will prevent officers from engaging in random stops, whether based
on an individual’s race or other considerations, to collect identifying
information. The Regulation will be addressed through a training component for
the officers and an education component for the community.
·
When
conducting a face to face Regulated Interaction as described in the Regulation,
the officer must provide their name and the reason for the stop. The
individual being stopped is not required to provide the information.
·
If
officers have a good description of a person or vehicle involved in a crime,
they will still stop that person, but the officer must have a reason to stop
them; it cannot be random.
·
The OPS
has been recognized for their work and leadership on this file by other police
services, the Province and the Human Rights Commission.
·
Each
officer must undergo 8 hours of training by January 2017. New recruits will be
trained at the Police College. The cost associated with the training is not
yet known.
That the Ottawa Police Services Board
receive this report for information.
RECEIVED
4.
BOARD POLICY
CR-18: COLLECTION OF IDENTIFYING INFORMATION IN CERTAIN CIRCUMSTANCES –
PROHIBITION AND DUTIES
Policy and Governance Committee’s report
That the Ottawa Police Services Board
approve the Collection of Identifying Information in Certain Circumstances
Policy attached as Document 1.
CARRIED
5.
OTTAWA POLICE
SERVICE ANNUAL REPORT: 2015
Chief’s report
2015 Annual
Report
Acting Chief J. Skinner responded to questions from Board
members about the possible reasons for an increase in the severity of violent
crimes despite a decrease in violent crime; and the location of increased crime
across the City.
That the Ottawa Police Services Board
receive this report and online version for information.
RECEIVED
6.
COMPLIANCE
WITH MINISTRY STANDARDS: 2015 ANNUAL REPORT
Chief’s report
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
7.
OUTSTANDING BOARD
INQUIRIES & MOTIONS: JUNE 2016
Executive Director’s
report
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
8.
LETTERS
OF COMMENDATION
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
COMMUNICATIONS
1. ONTARIO ASSOCIATION OF POLICE
SERVICES BOARDS (OAPSB) – LETTERS OF CONGRATULATIONS
a) Letter dated 14 June
2016 from E. El-Chantiry, President, OAPSB to the Honourable D. Orazietti, on
his recent appointment as Minister of Community Safety & Correctional
Services
b) Letter dated 14 June
2016 from E. El-Chantiry, President, OAPSB to the Honourable Y. Naqvi, on his
recent appointment as Attorney General and Government House Leader
2. PROPOSED CHANGES TO THE HIGHWAY
TRAFFIC ACT – COLOUR COATING OBSCURE INTERIOR DRIVER WINDOW
a) Letter dated 8 June
2016 from The Honourable S. Del Duca, Minister of Transportation, in response
to the Board’s letter dated 22 March 2016
That
the Ottawa Police Services Board receive
these communications for information.
RECEIVED
CONSIDERATION OF MOTION TO MOVE IN
CAMERA
At 6:00 p.m. Chair El-Chantiry announced that this portion of the public meeting was
adjourned but that the Board would re-convene in public following the In Camera
portion of its meeting to report on the Board’s review of the Complaint under
Section 69 of the Police Services Act referred to it by the Office of
the Independent Police Review Director (OIPRD).
Moved by T.
Tierney
That the Ottawa Police
Services Board adjourn the public portion of its meeting to move In Camera to
discuss confidential items pertaining to legal and personnel matters, in
accordance with Section 35(4)(b) of the Police Services Act.
CARRIED
RE-OPENING
OF PUBLIC PORTION OF MEETING
OTHER
BUSINESS
At 6:23
p.m. the Board re-convened into public session and considered the following
motion.
Moved by S. Valiquet
That
the Ottawa Police Services Board waive the Rules of Procedure in accordance
with Section 11(3) of Procedure By-law No. 3 of 2014 in order to add to the
public agenda an additional Item dealing with an Ontario Independent Police
Review Director (OIPRD) complaint under Section 69 of the Police Services
Act.
CARRIED
9.
OIPRD
COMPLAINT UNDER SECTION 69 OF THE POLICE SERVICES ACT
Chair El-Chantiry
made the following comments:
“Earlier this
evening, the Police Services Board met to review a complaint forwarded to it by
the Office of the Independent Police Review Director. The complaint alleges
that the Chief of the Ottawa Police made intentionally misleading
representations at the Board’s July 15, 2015 public meeting on the issue of
contracting for court security at the Elgin Street Courthouse.
“Under the Police
Services Act, the Board is required to review every complaint about the
Chief of Police that is referred to it by the Independent Police Review
Director. It is important to note that the purpose of the Board’s review is
only to determine whether the conduct complained of is of a type that falls
within the Act’s complaints process. The Board is not deciding whether
the allegations are true, or whether there is any merit in the complaint. That
is the job of the OIPRD.
“I should also note
that the Board was asked to recuse itself from conducting this review. However,
the Police Services Act requires the Board to conduct this review and
there is nothing in the Act that allows the Board to ask someone else to
do its job. Following the directions given by the OIPRD, the Board did not
receive submissions from the complainant, the Chief or any other party in
conducting its review.
“Having looked at the
type of conduct that is alleged, namely that the Chief either intentionally or
negligently made inaccurate or misleading statements as part of his official
duties, the Police Services Board has determined that the conduct, if it is
shown to be true, is of a type that falls within the Police Services Act
Code of Conduct for police officers. It is important to reiterate that the
Board has not done an investigation and is not saying that the allegations are
true or that there was misconduct by the Chief.
“The Board will
advise the OIPRD of its decision as soon as possible. In accordance with the Police
Services Act, the OIPRD will now conduct an investigation into the
complaint and report its findings back to the Board.”
ADJOURNMENT
The meeting adjourned at 6:40 p.m.
(original signed by) (original
signed by)
____________________________ _____________________________
W.
Fedec E. El-Chantiry
Executive
Director Chair