|
Ottawa
Police Services Board
Minutes 16
Monday,
21 March 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
Regrets: J. Durrell (Vice Chair), S. Valiquet
a)
Welcome
to Council Colleagues
Chair El-Chanity recognized
Councillors J. Mitic, S. Qadri and J. Cloutier who were in attendance.
b)
Leave the Phone
Alone Pledge
Chief Bordeleau explained
the Leave the Phone Alone campaign reminds everyone that texting and driving is
dangerous and illegal. In the City of Ottawa alone, 40% of collisions involved
distracted driving, resulting in 6,400 injuries and 18 deaths on our city roads
in the last five years. The Chief commended the efforts of Sgt. D. Hull, Ms.
C. Macpherson, Media Relations Specialist, and the rest of the team, as well as
Mr. R. Wilkinson, Coordinator, Safer Roads Ottawa Program, in delivering this
program to the community and contributing to the safety of our roadways.
As a member of East
District Traffic, Sgt. D. Hull was pleased to have been chosen to lead this
very important community initiative. The Leave the Phone Alone Campaign focuses
on identifying the consequences of distracted driving and to have drivers simply
focus on their core responsibility which is to drive their vehicle. Another
focus has been on engaging children, youth and their parents to make a
commitment as a family to not text and drive. It is a unifying campaign as all
agree that distracted driving is the most significant road safety issue our
community faces. Sgt. Hull invited all Board members to come forward and take
the pledge, which they did.
CONFIRMATION OF
AGENDA
DECLARATIONS
OF INTEREST
PUBLIC
DELEGATIONS
a.
Crime Prevention
Ottawa – Presentation on Ottawa Gang Strategy Update: Time For Change
Chair
El-Chantiry introduced Councillor S. Qadri, Chair, Crime Prevention Ottawa (CPO)
and Executive Director Ms. Nancy Worsfold, who led the presentation. Ms.
Worsfold introduced program partners: Ms. C. MacIntosh, Director, John Howard
Society of Ottawa; Ms. I. Jama, MLO Program Manager, Ottawa Community Immigrant
Services Organization (CISO); and OPS Staff Sergeant I. MacDonnell, Guns and
Gangs Unit, who assisted with the presentation. (A copy of the presentation
will be kept on file with the Board’s Executive Director.)
Crime
Prevention Board Chair, Councillor S. Qadri, indicated these partnerships are
key to the success of the program and the ultimate goal is to make the
community safer. The partnership is working proactively to solve some of the
concerns raised in the community. He thanked the OPS for being a very strong
partner along with the John Howard Society and CISO.
Following
the presentation a discussion ensued and the following points of clarification
were made:
·
$300,000 was added
to the CPO’s base budget and it is an ongoing service for the term of Council.
An additional $100,000 was provided to Ottawa Social Services, for employment
opportunities.
·
The target within
the contract is to assist 30 clients per year.
·
There are roughly
400 individuals involved in gangs in Ottawa. Participants and their families
are individuals who either were involved in a high profile incident or were a
perpetrator now looking for a better choice.
·
For families and
young people who are not fully entrenched in this life, there has been
provincial money earmarked for gang prevention and intervention. They will be
building off a pilot project “Siblings at Risk” to specifically work with
younger siblings of gang members.
·
CISO’s prevention
programs are designed to connect with newcomers who are low income and in a
marginalized community, and provide after school programs.
·
The Memorandum of
Understanding (MOU) between the John Howard Society and the Ottawa Police is
currently with the legal department. It is a complex arrangement and numerous
privacy issues are involved. This delay has not stopped the work from taking
place. Chief Bordeleau reassured Board members that the work continues and he
will follow-up to verify the status of the MOU and report back to the Board.
Chief
Bordeleau expressed his excitement about the partnerships that have been formed
and thanked them for their continued work in keeping the community safe. He
also thanked the members of the OPS who are intricately involved with this
program.
On
behalf of the Board, Chair El-Chantiry thanked the speakers for their
presentation and their continued work.
INQUIRIES
There were no
inquiries.
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 Procedure By-law No. 1 of 2016, being a by-law of the City of Ottawa
Police Services Board to amend By-law No. 3 of 2014.
CARRIED
ITEMS OF BUSINESS
2.
CHIEF’S VERBAL
REPORT
In lieu of his usual report on the excellent work of OPS
members, Chief Bordeleau focused his remarks on morale within the police
service in light of recent media coverage. A copy of his comments will be kept
on file with the Board’s Executive Director and is available online at ottawapoliceboard.ca.
Following the Chief’s report, Chair El-Chantiry added the
following statement: “Thank you for those comments Chief. This is an issue
that every member of this Board cares about. I have supported the Members of
the OPS since I started on this Board. That’s why the emotions that were
caused by a comment attributed to me in the media last week saddened me. I
know there are pressures and frustrations we need to deal with to ensure the
members are supported. As a Board, we acknowledge that morale needs to be
addressed and we fully support the Chief in the steps he is taking to do that
following last year’s Members’ Survey. We have made decisions to invest in
staffing and Wellness. We have asked for reviews of Tenure. The Chief outlined
other initiatives underway to address members’ concerns. I will close my
remarks by reiterating that the Chief and the members of this fine police
service have the Board’s full support and confidence, and together we will
address the concerns about morale. As the Chief stated, we need to work on
this together.”
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
3.
BIAS-NEUTRAL
POLICING UPDATE
Chief’s Report
Chair
El-Chantiry expressed his appreciation to staff who organized the Bias-Neutral
Policing session recently held at the Hellenic Community Centre.
That the Ottawa
Police Services Board receive this report for information.
RECEIVED
4.
TRAFFIC STOP RACE
DATA COLLECTION PROJECT UPDATE
Chief’s report
That the Ottawa
Police Services Board receive this report for information.
RECEIVED
5.
AUCTION
PROCEEDS
Finance & Audit Committee’s report
That
the Ottawa Police Services Board approve that funds raised through the public
auction of found or seized property in accordance with Section 132 of the
Police Services Act be directed to the Police Services Board budget.
CARRIED
6.
PROPOSED CHANGES
TO THE HIGHWAY TRAFFIC ACT - COLOUR COATING OBSCURE INTERIOR DRIVER
WINDOW
Referencing Quebec’s experience with this type of law, Member
Smallwood asked what other experiences exist in Canada. He felt this was an
excellent idea particularly for pedestrians and cyclists, as they need to make
eye contact with drivers. Sgt.
M. Gatien, Traffic Unit, explained that Quebec is the only province in Canada
to have the 70% rule with the tint meter. Newfoundland, Prince Edward Island,
Nova Scotia, Saskatchewan, Alberta and British Columbia do not allow any
aftermarket tint to the drivers’ compartment windows.
Member Tierney wanted to highlight Sgt. Gatien’s work on
this cause as well as his work relating to the texting issue; the province
adopted fines as well as lost demerit points when it comes to texting while
driving. The Chair also congratulated Sgt. Gatien on his efforts in the work
that he does.
That the Ottawa Police Services
Board direct the Board Chair to:
1. Write to the Minister of Transportation to request an amendment to the
Highway Traffic Act (HTA) to allow for the use of Photometric Meters by police
and that drivers who record a tint reading of 70 percent or less of light being
translated through the vehicle window be subject to a fine under the HTA, with
an exemption for emergency service and police vehicles.
2.
Forward this recommendation to the Ontario Association of
Police Services Boards for consideration at its Annual General Meeting on May
13.
CARRIED
7.
ONTARIO
ASSOCIATION OF POLICE SERVICES BOARDS’ ANNUAL CONFERENCE
Executive Director’s report
That the Ottawa Police Services Board:
1) Approve
the attendance of E. El-Chantiry and W. Fedec at the Annual Conference of the
Ontario Association of Police Services Boards, to be held May 11–14, 2016 in
Niagara Falls, Ontario.
2) Endorse
Chair Eli El-Chantiry in standing for nomination for re-appointment to the
Board of Directors of the Ontario Association of Police Services Boards, as a
representative of the “Big 12” group of police services boards.
CARRIED
8.
APPOINTMENT OF
SPECIAL CONSTABLES: OTTAWA POLICE SERVICE
Executive Director’s report
That
the Ottawa Police Services Board approve the appointments of Sebastien Castonguay and Carlos
Olivera as Special Constables pursuant to Section 53 of the Police Services
Act, in accordance with the terms and conditions set forth in the attached
Approval of Appointment form.
CARRIED
9.
ACCESSIBILITY
PLAN REPORT: 2015
A member of the public expressed interest in speaking to
this item, however, left before having the opportunity. Chief Bordeleau
indicated that staff had the individual’s contact information and would reach
out to discuss his inquiry regarding hearing impaired individuals and texting
to 911. The Chief agreed to report back to the Board upon conclusion of this
matter.
That the Ottawa
Police Services Board receive this report for information.
RECEIVED
10. WORKFORCE MANAGEMENT
REPORT: FOURTH QUARTER 2015
That the Ottawa Police Services Board:
1. Approve the appointment of the sworn officers identified in Annex B.
CARRIED
2. Receive this report for information.
RECEIVED
11. FINANCIAL ANNUAL REPORT:
2015
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
12. POSITIVE WORKPLACE: 2015
ANNUAL REPORT
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
13. SWORN PROMOTIONAL PROCESS:
2015 ANNUAL REPORT
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
14. WORKPLACE INJURIES, ILLNESSES & INCIDENTS: 2015 ANNUAL REPORT
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
15. OUTSTANDING BOARD INQUIRIES &
MOTIONS: MARCH 2016
Executive Director’s
report
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
16. LETTERS OF COMMENDATION
That
the Ottawa Police Services Board receive this report for information.
RECEIVED
COMMUNICATIONS
a)
OTTAWA
POLICE CHORUS
-
Annual
Report 2015 received 20 January 2016
b)
PROVINCIAL
CONSULTATION ON AMENDMENTS TO POLICE SERVICES ACT
-
Letter dated 24
February 2016 from Durham Regional Police Services Board Chair,
R. Anderson to The Honourable Y. Naqvi, Minister of Community Safety &
Correctional Services
Moved
by Member Smallwood
That the Ottawa Police
Services Board:
1. Endorse the letter from
the Durham Regional Police Services Board Chair to Minister Naqvi dated 25
February 2016 regarding proposed amendments to the Police Services Act.
2. Direct the Board Chair to
write to the Minister expressing the Board’s support for Durham’s submission.
CARRIED
c)
PROVINCIAL
CONSULTATION ON AMENDMENTS TO POLICE SERVICES ACT
-
Letter dated 14
March 2016 from the Ontario Association of Police Services Boards to The
Honourable Y. Naqvi, Minister of Community Safety & Correctional Services
That
the Ottawa Police Services Board receive these communications for information.
RECEIVED
CONSIDERATION OF MOTION TO MOVE IN
CAMERA
At 6:00 p.m. the Board moved In Camera.
Moved by L.A.
Smallwood
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 6:55
p.m. the Board re-convened into public session and considered the following
motion.
Moved by T. Tierney
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 a Request to the Ontario Civilian
Police Commission.
CARRIED
17. REQUEST TO THE ONTARIO
CIVILIAN POLICE COMMISSION
At the request of Chair El-Chantiry, Member Harder
assumed the role of Acting Chair so that he could introduce a motion.
Member El-Chantiry stated that this is the first meeting
of the Police Services Board since issues were raised in the media regarding
the Chief’s phone call to the Provincial Offences Office on January 25th
to find out the name of the prosecutor assigned to a file involving a member of
the Chief’s family.
As was reported in the media, the President of the Police
Association, Officer Matt Skof, asked the Office of the Independent Police
Review Director (OIPRD) to investigate this matter. The OIPRD is responsible
for handling all complaints made by members of the public about the conduct of
police officers.
However, the Police Services Act in Ontario does
not allow a police officer to make a complaint to the OIPRD about another
police officer, nor does the Act allow the Board to make such a
complaint.
Member El-Chantiry stated that the OIPRD has advised the
Board in a letter that it is of the opinion that Officer Skof, as a member of
the police service, is precluded from making a complaint about the Chief of
Police. The Police Services Board accepts and concurs with the OIPRD’s
determination.
However, as there is a strong public interest in
maintaining the integrity of the Ottawa Police Service, including its Chief, Member
El-Chantiry believed that an independent investigation by an outside agency is
an important step in order to address any public concerns with the actions of
the Chief in this matter. For that reason, he proposed that the Board ask the
Ontario Civilian Police Commission to investigate, inquire into and report back
to the Board on the actions of the Chief on January 25, 2016, which is can do
under section 25(1)(a) of the Police Services Act.
In putting this motion forward, Member El-Chantiry made
it clear that he was not, nor will the Board be if it endorses the motion,
making any kind of judgment about what the Chief did. The interests of
openness and transparency however require that the Board take this step of
asking for an independent investigation. As the Chief noted in his comments
earlier in the meeting, he welcomes such a review.
The Board then voted on the following motion:
Moved
by E. El-Chantiry
WHEREAS there have been a number of
media reports about Ottawa Police Chief Charles Bordeleau having called the
Provincial Offences Court office on January 25th, 2016, to find out
the name of the prosecutor assigned to a matter in traffic court that day
involving a family member; and
WHEREAS this is the Board’s first
meeting following the publication of these reports; and
WHEREAS the December 7, 2015
Statistics Canada’s survey of public confidence in Canadian institutions showed
that more than 80% of Ottawa residents have some or a great deal of confidence
in the police; and
WHEREAS maintaining that very high
level of public confidence is an important component of ensuring adequate and
effective policing in the municipality;
THEREFORE BE IT RESOLVED THAT the
Ottawa Police Services Board ask the Ontario Civilian Police Commission to
investigate, inquire into and report back to the Board, in accordance with
Subsection 25(1)(a) of the Police Services Act, on the Chief’s actions
in this matter.
CARRIED
Reclaiming his position as Chair,
Chair El-Chantiry then took
the opportunity to address a second complaint about Chief Bordeleau that has
been discussed in the media, regarding a report submitted to the board last
July. The report requested approval to hire individuals from a private
security firm to operate new screening devices at the court house. The
complaint alleged that the Chief mislead the Board in the information he
provided in the report.
Chair
El-Chantiry stated that Board members had been briefed and were fully aware of
what they were approving when they voted on that report, and there was no
attempt by the Chief to mislead the Board.
He
further noted that the complaint was filed by an employee of the Ottawa Police
Association first with the Ontario Civilian Police Commission, and later with
the OIPRD. Both provincial oversight bodies declined to deal with the
complaint. The OIPRD informed this Board of its decision and advised the board
that no further action was required on its part.
When
the Ottawa Police Association employee submitted the same complaint to this
Board, the Board declined to pursue the complaint based on the OIPRD’s
direction to the Board.
The
Chair concluded by noting two provincial bodies did not believe there was merit
in investigating this complaint. They and this Board consider the matter
closed.
ADJOURNMENT
The meeting adjourned at 7:10 p.m.
(original signed by) (original
signed by)
____________________________ _____________________________
W. Fedec E.
El-Chantiry
Executive Director Chair