ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES IN THE

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					          ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES

              IN THE MATTER OF an application for consent
              to the abolition of the Listowel Police Service



Presiding Members:

Frederic G. Farrell, Q.C., Member
Karlene J. Hussey, Member


Appearances:

Les Tervit, Chief Administrative Officer, Town of North Perth 

Vincent Judge, Mayor, Town of North Perth 

Ken Lawrence, Chair, North Perth Police Services Board 

Douglas Ashbourne, Chief, Listowel Police Service 

Constable John Mahoney, President, Listowel Police Association 

Staff Sergeant Al Quinn, Ontario Provincial Police, Sebringville Detachment 

C.F. (Bud) Brennan, Police Services Advisor, Policing Services Division, 

 Ministry of the Solicitor General and Correctional Services 



Hearing Date: Thursday, March 4, 1999 



Background:

On June 26, 1997, the Minister of Municipal Affairs and Housing issued an order
authorizing the restructuring of the County of Perth. On January 1, 1998, the
Minister’s restructuring order became effective. One result was the creation of
the Town of North Perth from what had formerly been the Town of Listowel and
the Townships of Elma and Wallace.

The Town of North Perth is situated in central Ontario. It has a population of
approximately 12,000, with a total land area of 485 square kilometers. The
composition of the population is different from most in that the population has
fewer citizens under the age of 15 and more citizens over the age of 70 years of
age. The former Town of Listowel was primarily urban/commercial while both
Elma and Wallace Townships are predominantly agricultural.

The former Town of Listowel has its own police service, namely the Listowel
Police Service which has served the community for 135 years, being established
in 1863. This police service consists of a chief of police, sergeant, six patrol
constables (for a total of eight uniformed officers) and two part time clerical
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support staff. The service has three marked police vehicles. The headquarters
for the Listowel Police Service is located at 330 Wallace Avenue North, in the
Town of Listowel.

By comparison, the former Townships of Elma and Wallace have received police
services without a contract from the Ontario Provincial Police through its Listowel
OPP Detachment located at 360 Wallace Avenue North, Listowel. The Listowel
OPP Detachment has three marked vehicles. The Listowel OPP Detachment is
a satellite of the Sebringville OPP Detachment, which also is the host
detachment for three other contracted locations within Perth County: i.e. the
Town of St. Mary’s, Town of Mitchell and the Village of Milverton.

The Listowel OPP staffing is as follows:

       Police:
                 sergeant (dedicated)                  .16
                 sergeant (integrated)                 .82
                 patrol constable                     6.90

                 Total uniform compliment:            7.88

       Civilian:
               clerical support                        .49
               caretaker                               .16

                 Total civilian:                       .65

Both the Listowel Police Service and the OPP have 24 hour a day telephone
availability with emergency access.


The Process:

As stated above, on June 26, 1997 the Minister of Municipal Affairs and Housing
issued an order authorizing the restructuring of the County of Perth which order
became effective on January 1, 1998. Also at that time, the Town of Listowel
Police Services Board became the Corporation of the Town of North Perth Police
Services Board. On March 27, 1998 the newly created Town of North Perth
formed a working group to establish the Request For Proposal (RFP) process in
order to determine how policing services would be delivered to the Town of North
Perth. The working group was composed of the following:

   •   Chief of Police Doug Ashbourne, Listowel Police Service
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   • 	 Staff Sergeant Al Quinn, Ontario Provincial Police, Sebringville
       Detachment
   •   Constable Kevin Humel, Ontario Provincial Police Association
   • 	 Dennis Player, Police Services Advisor, Ministry of the Solicitor General
       and Correctional Services
   • 	 Bud Brennan, Police Services Advisor, Ministry of the Solicitor General
       and Correctional Services
   •   Gordon Burns, Clerk, Town of North Perth
   •   Les Tervit, Administrator, Town of North Perth

The working group was charged with the following task:

   1. define the level of police service;
   2. 	 define an appropriate method for area rating police servicing and to obtain
        approval from the North Perth Town Council;
   3. 	 define an appropriate format for a RFP to deliver police services at a fixed
        price for a period of three years and obtain approval of the North Perth
        Town Council; and
      p
   4. 	 rovide for appropriate public input to ensure steps 1 and 2 above
      adequately address the policing concerns for the citizens of North Perth.

Thereafter, North Perth Town Council approved the creation of a committee to
evaluate the proposals which were received pursuant to the RFP. The
Committee consisted of the following:

   •   Councilor Daniel McIntosh, North Perth Town Council
   • 	 Dennis Player, Police Services Advisor, Ministry of the Solicitor General
       and Correctional Services
   • 	 Bud Brennan, Police Services Advisor, Ministry of the Solicitor General
       and Correctional Services
   •   Gordon Burns, Clerk, Town of North Perth
   •   Les Tervit, Administrator, Town of North Perth

The committee’s responsibilities were as follows:

   (a) evaluate the proposal;
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   (b) cost out the issues not included in the proposal;
   (c) determine the appropriate amortization period to apply costs in (b) above
       to the annual cost proposed; and
   (d) recommending a preferred police provider to the North Perth Town
       Council.

A questionnaire was prepared and sent to the existing policing services
providers, i.e. the OPP and the Listowel Police Services Board.

Public meetings were held in all three communities which would be affected by
this decision, i.e. Elma on June 17, 1998, Listowel on June 16, 1998 and Wallace
on June 18, 1998. At these public meetings, there was a panel discussion with
participation by the Chief of the Listowel Police Service, the Sebringville
Detachment Commander of the OPP and representatives of the Ministry of the
Solicitor General and the Town of North Perth Administrator.

On September 21, 1998, North Perth Town Council unanimously approved in
principle the selection of the OPP as the preferred policing provider for the Town
of North Perth subject to three caveats, i.e. final negotiations of policing contract,
the outcome of a Commission hearing and clarification of the availability of the
Community Policing Partnership program. On October 19, 1998, the North Perth
Police Services Board passed a resolution supporting the foregoing decision. On
January 11, 1999, North Perth Town Council unconditionally approved the
selection of the OPP as the policing provider for the Town of North Perth.

Thereafter, the Town of North Perth applied to the Commission for permission to
disband the Listowel Police Service in order to enter into an agreement with the
Ministry of the Solicitor General and Correctional Services to receive policing
services from the OPP. Upon receiving the required application and appropriate
documentation from the Town of North Perth, this request was tabled at the
Commission’s January 11, 1999 meeting. It was determined that a public
meeting would be held in Listowel on March 4, 1999. Notices to this effect were
published in local newspapers.



The Law:

Policing in Ontario is governed by the provisions of the Police Services Act,
R.S.O. 1990, c. P.15 as amended (hereinafter referred to as the “Act”).

Section 4(1) of the Act imposes upon municipalities the obligation to provide
“adequate and effective police services in accordance with its needs”. This may
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be accomplished in a number of different ways. A municipality may establish and
maintain its own police force, enter into a joint policing arrangement with another
municipality, or contract for policing services from the OPP.

For a police service to be “adequate and effective” it must have the necessary
staff, administration, equipment, infrastructure and facilities to perform certain
functions. According to section 4(2) of the Act these include crime prevention,
law enforcement, assistance to victims of crime, public order maintenance, and
emergency response.

Once a municipal police force has been established, it can only be abolished for
the purpose of putting in place one of the other policing options (i.e. OPP
contract policing) after following the procedures set out in the Act. Specifically,
section 40 provides that:

      40(1) 	A board may terminate the employment of a member of
             the police force for the purpose of abolishing the police
             force… if the Commission consents and if the abolition …
             does not contravene this Act.

         (2) 	The Commission shall consent to the termination of the
              employment of a member of a police force under
              subsection (1) only if,

             a) 	the member and the board have made an agreement
                 dealing with severance pay or agreed to submit the
                 matter to arbitration; or

             b) 	the Commission has made an order under subsection
                 (3).

         (3) 	If the member and the board do not make an agreement
              dealing with severance pay and do not agree to submit
              the matter to arbitration, the Commission, if it is of the
              opinion that it would be appropriate to permit the abolition
              of the police force … may order the board to submit the
              matter to arbitration and give any necessary direction in
              that connection.

If the Commission is of the view that these requirements have been met, then a
municipality may enter into a contract with the Solicitor General under section 10
of the Act for policing to be provided by the OPP.
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The Issues:

The nature of this scheme is to ensure that no municipal police force is abolished
unless arrangements are in place which will satisfactorily meet the policing needs
of the community in question. Any new arrangement must provide for the
appropriate staff, equipment and facilities to ensure adequate and effective
policing. In addition, no member of a municipal police force is to be terminated
without steps being taken to allow for proper severance.

There are two fundamental issues to be dealt with. First, does the proposed new
arrangement appear to provide adequate and effective police services that meets
the needs of the community? In this respect, the Commission will receive and
review the proposal which has been accepted by the town council and the police
services board and consider any public comment and submissions.

The next issue is whether or not under the proposal the current members of the
police service which are the subject of the abolition are being dealt with on a fair
and reasonable basis. If any member is to be terminated as a consequence of
the abolition, the question then becomes whether or not the parties have reached
an agreement with respect to severance or have consented to having any
outstanding matters referred to arbitration. If so, the Commission is satisfied and
our involvement in this issue would be at an end.

However, if no agreement has been concluded, then the Commission may order
the parties to arbitration on the outstanding issues. It should be noted that under
section 40, the Commission does not decide between alternative proposals or
assess which method of providing policing services will be most economical or
otherwise preferred. Those decisions rest solely with the local community
through the appropriate municipal council and police services board. Further, it
is not the function of the Commission to determine what may or may not be an
appropriate severance agreement. This function rests solely between the
bargaining parties and failing an agreement, for arbitration.


Proposal:

The OPP proposal was outlined for the Commission at the hearing by Staff
Sergeant Al Quinn (Sebringville Detachment) and is hereinafter described in
detail.

A) Staffing:

The proposal is based upon an integrated detachment model. The proposal
provides as follows:
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                              Position                            North
                                                                Perth OPP

        Inspector-Detachment Commander                             .30
        Sergeant-Team Leader (Dedicated)                          1.00
        Sergeants-Team Leaders (Integrated)                        .91
        Sergeants- Team Leaders (Contracts)
        Detective Sergeant
        Detective Constables                                     1.00
        Patrol Constables                                       12.50
        Patrol Constables (Contracts)
        Constables - Court Case Management                       1.00
        Constables- Community Services Officers                  1.00
        Total Uniform                                           17.71


The proposal provides for 17.71 full time uniformed police officers who will be
dedicated to policing the Town of North Perth. In addition there will be one
dedicated clerical worker. Since the proposal is based on an integrated
detachment model, there is the availability of additional full time uniformed police
officers from Perth County at large. Sebringville OPP Detachment is the host
detachment and will provide an increase of 2.60 front line constable positions, a
supervisor to constable ratio of one to seven, and a policed citizen ratio of one to
656 citizens.

 Police services will be provided 24 hours per day, seven days a week, deploy a
12 hour platoon schedule, three to four officers available at any given time. The
Town of North Perth will be divided into three patrol zones consisting of the
former Township of Elma, the former Town of Listowel and the former Township
of Wallace. All uniformed members of the Listowel Police Service have received
offers of employment with the OPP.

B) Communications:

The North Perth OPP will be dispatched by the OPP communications centre in
Mount Forest. This operation has 24 full time and two part time dispatchers, six
sergeants and one staff sergeant. A sergeant will be on duty 24 hours a day with
logger recordings of telephone. There will also be radio and emergency backup.
The OPP radio system is a microwave linking of towers capable of several
methods of communication. Each officer will have a portable radio, which radio
is also capable of officer-to-officer communications. And an emergency 911
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system will be in place 24 hours a day, together with public toll free lines to the
communications centre. A local number will also be available to call the North
Perth OPP office.

C) Vehicles and Equipment:

The North Perth OPP will be equipped with five marked vehicles and one
unmarked vehicle. Also, they will have at their disposal one Borkenstein
Breathalyzer, two Alco Testers, two radar units, C Sauer semi-automatic pistols
and one spike belt.

It should be noted that the Ontario Municipal and Provincial Police Automated
Co-operative (OMPPAC) will continue to be used as the records management
system.

D) Facilities:

The current Listowel Police Service building at 330 Wallace Avenue North,
Listowel, will be renovated and serve as the new facility for the North Perth OPP.
The building is currently being renovated to accommodate the increase of staff
and to provide an enhanced policing capability for the community. The existing
Listowel OPP station which is a leased facility in the Town of Listowel will be
closed. It should be noted that a community policing office (CPO) will be
established within the Village of Monkton.




Decision:

Does the proposal, as presented by the OPP and approved by both the Town of
North Perth, Town Council, and the Town of North Perth Police Services Board,
provide the community with “adequate and effective police services”?

The Act does not currently define what constitutes adequate and effective police
services. However, interpretive aids are available to assist in this determination
as to what constitutes adequate and effective police services, namely: the
provisions of the Act itself and precedent, i.e. past decisions of the Commission.
In particular, section 4(2) of the Act states:

            4(2) Adequate and effective police services must include, at a
                 minimum, all of the following police services:
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               1.   Crime prevention.
               2.   Law enforcement.
               3.   Assistance to victims of crime.
               4.   Public order maintenance.
               5.   Emergency response.

Section 4(3) sets out that a municipality must provide “all the infrastructure and
administration necessary for providing such services, including vehicles, boats,
equipment, communication devices, buildings and supplies”.

Commission decisions in various contexts have articulated different tests to
assess or determine adequacy. At page 15 of Municipality of Chatham-Kent (14
August, 1998) we stated:

      Broadly these tests have been comparative or alternative. The
      comparative tests may be applied historically or geographically.
      Where it is applied historically, the current or proposed staffing
      level is compared to that which the municipality has received in
      the past. If past staffing levels were considered adequate the
      proposed or current level is normally presumed to be adequate
      and effective.

      Where the comparative test is applied geographically, the
      proposed or current staffing level is measured against those
      found in communities of similar size or needs. If the levels are
      considered adequate in those communities a similar level
      proposed is generally presumed to be adequate and effective.
      These presumptions are by definition rebuttable.

How does this test apply to the facts of this case?

The Town of North Perth is composed of three former municipalities, i.e. the
Town of Listowel, the Townships of Elma and Wallace. The Town of Listowel
received policing from the Listowel Police Service while Elma and Wallace
Townships received policing from the OPP (no contract). The Listowel Police
Service had eight uniformed police officers. Listowel OPP Detachment served
Elma and Wallace Townships operating out of its own facility in the Town of
Listowel and provided 7.88 uniformed officers.

Under the proposal, the North Perth Municipal OPP will have 17.71 uniformed
officers exclusively dedicated to policing the Town of North Perth which figure
consists of 15.5 front line constables, .30 inspectors, 1 dedicated sergeant and
.91 integrated sergeant. It should be noted that the 17.71 figure has the
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advantage of providing the community with one community services officer
(constable), one detective constable and one court case manager/constable. As
well, there would be one dedicated clerical worker. The proposal will provide at
least 26,514 hours of policing annually to the Town of North Perth.

The North Perth Municipal OPP being an integrated structure will have the
assistance of the Sebringville OPP Detachment (the host detachment) and will
have the availability of a significant number of additional uniformed police officers
if needed from Perth County at large. The supervisor to constable ratio will be
one to seven and the police to citizen ratio of one to 656. In addition, under the
proposal, services will be provided 24 hours per day, seven days a week, 12
hour platoon schedules, three to four officers available at any time and three
patrol zones. The three patrol zones will encompass the entire Town of North
Perth, i.e. in Zone One the former Township of Elma, Zone Two the former Town
of Listowel and Zone Three the former Township of Wallace. The proposal
should have the effect of increasing and enhancing the front line constable
compliment and at the same time, reducing policing administration as it now
exists. Accordingly, the proposal would appear to significantly raise the
capabilities of the new police service.

The Town of North Perth is a mixture of part rural and part urban. From a
comparative standpoint, the proposal would appear to be sound if not better than
other rural areas in Ontario. For example, the Town of Goderich has one
uniformed police officer for every 726 citizens. Chatham-Kent has one uniformed
officer for every 738 citizens. The Town of North Perth will have one uniformed
police officer for every 656 citizens. The span of control, i.e. supervisor to
constable, also is consistent with provincial standards. The span of control
between supervisor to constable will be one to seven. It should also be noted
that the Town of North Perth has fewer people under the age of 15 and more
people over the age of 70 years of age in comparison to other urban
communities in Ontario.

The proposed level of staffing, deployment and supervision would appear to be
appropriate and allow for adequate and effective policing. The same would apply
to the proposed communications arrangement and equipment.

The existing facility currently utilized by the Listowel Police Service will serve as
the new headquarters for the North Perth Municipal OPP. This facility is currently
undergoing renovations. It is indeed appropriate that the existing building be
utilized for a number of reasons besides economics. The facility has been used
as a multi function facility providing not only the centre for policing the
community, but also serving as the municipal council chamber and a courtroom.
Accordingly, the public have come to look upon the facility both for protection and
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the fulfillment of their civic and judicial needs. In an ever changing world, certain
constants should be preserved to add stability to the process.

Following the hearing, members of the Commission had the opportunity to tour
the facilities which, as stated, are undergoing renovations. The renovations are
scheduled for completion in May or June of 1999, depending on weather
conditions. The facilities need to be renovated in order to accommodate the
increase in staff, to properly serve a greater segment of the community following
the implementation of the restructuring order creating the Town of North Perth, to
have a greater degree of modernization and to achieve a higher degree of
security within the premises. We also had an opportunity to review the
architectural plans for the renovations. We inspected the premises with Mayor
Vincent Judge, Chief Administrative Officer Les Tervit and other officials, who
answered our questions on certain aspects of the renovations. We are satisfied
that these facilities when the renovations are completed will be adequate to meet
the requirements of both the staff and the community at large.

Taken in its entirety, we are satisfied that the OPP proposal will provide adequate
and effective policing for the new community of the Town of North Perth. At the
hearing itself, Les Tervit, Mayor Vincent Judge, Ken Lawrence, Douglas
Ashbourne, Constable John Mahoney, Staff Sergeant Al Quinn and C.F. (Bud)
Brennan expressed their support to the proposal. Members of the public were
encouraged to participate in the process and to make their comments and
criticisms known at that time. There were no objections from the public who were
present.

The formal proposal, the written submissions delivered in advance of the hearing,
and the oral submissions at the hearing were very detailed and demonstrated the
significant amount of effort and input by municipal officials, the OPP and all
concerned. It was quite evident that every effort was made to inform and indeed
educate the public on the proposal and to address the concerns of the
community at large. No doubt all of these efforts were instrumental in building a
consensus within the community and amongst the stakeholders.

This brings us to the important issue of termination and severance, i.e. whether
or not a member of the police service is to be terminated as a consequence of
abolishing the Listowel Police Service and, if so, whether the parties involved
have reached an agreement with respect to severance or have the parties
involved consented to have the matter referred to arbitration. Under the
proposal, there will be no longer a need for a chief of police. At the hearing, the
current Chief of Police, Chief Douglas Ashbourne announced that he had
reached a satisfactory agreement with the North Perth Police Services Board.
The two part time clerical support staff will remain municipal employees and the
two auxiliary members will join a Wellington County unit.
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This brings us to the status of the current uniformed members of the Listowel
Police Service. We were advised that all current uniformed members of the
Service have been offered employment with the OPP. However, no agreements
have been reached and there are still outstanding issues to be resolved. The
Town of North Perth Police Services Board requested that the customary order
directing that all severance matters be referred to arbitration. Accordingly, no
agreement having been reached between the parties, the following order is
hereby granted:

      That if there are any unresolved severance issues with
      respect to members of the Listowel Police Service within 45
      days of this decision, then such matters shall be referred to
      arbitration. Arbitration shall commence no later than 90
      days after the date of this decision.

Accordingly, pursuant to section 40 of the Act, we hereby consent to the abolition
of the Listowel Police Service in order that policing can be provided by means of
a contract with the Solicitor General for the services of the Ontario Provincial
Police, subject to compliance with the above order pertaining to arbitration.

We would like to publicly acknowledge the Listowel Police Service for its 135
years of service to the citizens of the Town of Listowel and to the Province of
Ontario for a job well done. While this police service is being abolished, it will
never be forgotten. The men and women who will now wear the OPP uniform in
the Town of North Perth should be inspired by their predecessors who served
their community with dedication and distinction for well over a century.

In conclusion, we would like to express our appreciation to all the presenters at
the hearing and the professional manner in which the entire process was carried
out.




DATED THIS 3RD DAY OF MAY, 1999




         Frederic G. Farrell, Q.C.              Karlene J. Hussey
         Member, OCCPS                          Member, OCCPS

				
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