Township of Perth South

Report to Council

TO: Mayor Wilhelm and Members of Council

FROM: Rebecca Clothier, Administrator/Treasurer/Deputy Clerk

DATE: October 16, 2018

SUBJECT: Establishing a Community Policing Advisory Committee

Recommendation

IT IS RECOMMENDED THAT the report, dated October 16, 2018, regarding Establishing a Community Policing Advisory Committee be received for information; AND FURTHER THAT Council of the Township of Perth South establish the Perth South Community Policing Advisory Committee consisting of the Mayor or designate, another Member of Council as well as three members of the public.

Background

Currently the Township of Perth South is policed on a non-contract basis under Section 5.1 of the Police Services Act. The Township has terminated their current policing services with the Ontario Provincial Police effective November 5, 2018.

Comments

The creation of a Community Policing Advisory Committee was envisioned as a part of the transition to the Stratford Police Service. This approach was taken since the Township will not have a seat on the Stratford Police Services Board, and the process to establish a Joint Board between the City and the Township is lengthy. The vision for the CPAC was that it would have a similar role to what a Police Services Board has today under Section 10 (9) of the Police Services Act.

Presently there is no terms of reference for the CPAC, but the general duties to be delegated by Council to the committee were envisioned as set out below. These are drawn from the Police Services Act and agreement with the City of Stratford.

· Advise the Detachment Commander in regards to the needs, objectives and priorities for police services in the municipality;

· Establish, after consultation with the Detachment Commander or his or her designate, any local policies with respect to police services;

· Receive monthly reports from the Detachment Commander, or designate and monitor the performance of the police services;

· Receive regular reports from the Detachment Commander or his or her designate on disclosures and decisions made under section 49 (secondary activities);

· Review the Detachment Commander’s administration of the complaints system under Part V of the Police Services Act and receive regular reports from the Detachment Commander or his or her designate on his or her administration of the complaints system;

· Conduct a review of the state of the Township’s police services, on such terms of reference as the Committee may adopt, after Stratford has policed the Township for one year, and periodically after that;

· The term of office for the CPAC would follow the term of the seated Council;

· The CPAC would have no ability to interfere with day-to-day operations. Similar to Section 31 (4) of the Police Services Act, the CPAC would not be able to direct the Chief of Police or any member of the police service.

It was originally expected that the CPAC would be established at the same time as the transition to Stratford occurred. The purpose of this report is to allow Council to establish a Community Policing Advisory Committee.

Financial Implications to Budget

The financial implications for the Community Policing Advisory Committee are not known at this time. A rate for remuneration will be set as part of the budget process.

Reference to Strategic Plan

The information provided in this report is consistent with and in keeping with the Municipality’s approved Vision, Mission and Strategic Plan.

Reference Material Attached

1. Draft Perth South Community Policing Advisory Committee Terms of Reference Terms of Reference

Respectfully submitted by:

Rebecca Clothier

Administrator/Treasurer/Deputy Clerk

**DRAFT**

TOWNSHIP OF PERTH SOUTH

Community Policing Advisory Committee

Terms of Reference

MANDATE

The Community Policing Advisory Committee (“CPAC”) shall advise and assist Council and the citizens of the Township of Perth South on matters relating to community policing.

The CPAC’s responsibilities will be analogous to Section 10(9) (b), (c), and (e) of the Police Services Act, including:

· Meeting on a monthly basis, or more frequently if necessary, to advise the Chief of police, or his/her designate, in regards to the needs, objectives and priorities for police services in the Township.

· Establishing, after consultation with the Chief of Police, or his/her designate, any local policies with respect to police services.

· Receiving monthly reports from the Chief of Police, or his/her designate.

· Monitoring the performance of the police services.

· Receiving regular reports from the Chief of Police, or his/her designate on disclosures and decisions made under Section 49 Police Services Act (secondary activities).

· Reviewing the Chief of Police’s administration of the complaints system under Part V of the Police Services Act and receive regular reports from the Detachment Commander or his or her designate on his or her administration of the complaints system.

Further, the responsibilities of the CPAC shall also include:

· Reviewing the annual policing budget submission and recommending to Council to adopt or dispute the annual budget. This includes working with the contract police service provider to resolve any budget concerns prior to making a recommendation to Council to proceed with formal dispute resolution.

· Conducting reviews of the state of the Township’s police service, on such terms of reference as the CPAC may adopt. The first such review shall be after the contract policing has been in effect for one (1) year, and periodically thereafter. The CPAC shall report its findings to Council. At a minimum, the purpose of the review(s) shall be:

o To evaluate the success of the contract police services in providing adequate and effective police services to the Township;

o To assess the cost impacts of this contract police services on the Township; and

o To make any recommendations to the Township and the Police Services Board for the contract services provider as may be appropriate in light of the findings.

· Researching and making recommendations to Council on how best to improve police services in the Township. This includes, but is not limited to, making recommendations to Council in regards to any preferred amendments to the police services agreement when periodic reviews of the contract policing services are completed.

· Selecting one member to represent the Township of Perth South during Police Service Board meetings of the contract policing service provider. Such attendance will be to advise the Board with respect to objectives and priorities for the police services in the Township. The representative of the CPAC shall be a non-voting attendee.

The CPAC will not be responsible for the following:

· In accordance with Section 31(4) of the Police Services Act, the CPAC cannot interfere with day-to-day operations of the police services. Neither the CPAC as a body, nor any individual member of the CPAC, shall give orders or directions to the Chief of Police, his/her designate, or any member of the police force including administrative or civilian staff.

· Undertaking, supervising, or directing the day to day operations of any Township department;

· Administrative matters including giving directions to any member of Township staff.

· Reviewing the Township’s or the police services’ staff structure, staff compensation, or other staffing related matters.

· Approving budgets and capital projects.

· Performing project and program implementation.

· Reviewing any matter that may be subject to the Township’s closed meeting provisions that is not within the mandate of the CPAC.

· Acting as a forum to debate decided matters of Council, or a forum to organize political advocacy for Council to reconsider decided matters.

COMMITTEE STRUCTURE

The composition of the CPAC is designed to reflect Section 27 (6) of the Police Services Act and shall consist of:

· The Mayor, or if the Mayor chooses not to be a member of the CPAC, another member of the Council appointed by Council.

· One further member of the Council appointed by Council.

· Three members of the public appointed by Council. Eligible members of the public are those who are entitled to be an elector in the Township under section 17 of the Municipal Elections Act and are not employees, or immediate family members of employees, of the Township or the contract police services.

GENERAL RULES OF OPERATION

The Township of Perth South Community Policing Advisory Committee is subject to the control and direction of Council. All meetings of the CPAC are open to the public, and

the Procedure By-Law governing the procedures for Council meetings shall be observed by the CPAC. The closed meeting provisions of the Municipal Act and the Police Services Act apply to meetings of the CPAC.

All appointed CPAC members will be voting members,and a quorum of the CPAC shall be the majority of those appointed by Council as members of the CPAC.

At the first meeting,the members shall determine the preferred day and time for CPAC meetings.

If the CPAC refuses or neglects to give due consideration to any matter assigned to it or before it,it may, by Council resolution,be discharged of its responsibilities.

APPOINTMENT OF CHAIR AND VICE CHAIR

The CPAC shall appoint a Chair and Vice Chair in accordance with the procedure set out in Section 28(1) and (2) of the Police Services Act. The members of the CPAC shall, at the first meeting held in January of each year, select from amongst its members, a Chair and Vice-Chair for a term of one year.

· The election of the Chair shall be conducted by the Township staff liaison to the CPAC.

· The election of the Vice-Chair shall be conducted by the Chair.

· Any votes required under this section shall be taken as described by the provision of Section 61(1) and (2) of the Municipal Act, which requires that each member of the CPAC present shall indicate his or her vote openly, and that no vote be taken by ballot or any other method of secret balloting.

ROLE OF CPAC CHAIR

· In accordance with the Township’s Procedure By-Law, preside at all meetings, and control proceedings and discussion to ensure smooth transition of the business as listed on the agenda.

· Vote on all matters requiring a formal motion.

· Report on the activities of the CPAC and of the police services to Council as required.

ROLE OF CPAC MEMBERS

The CPAC members shall:

· Report to the Chair any issues that they feel should be addressed by the CPAC.

· Attend and participate in CPAC meetings.

· Contribute time, knowledge, skill and expertise during meetings in order to fulfill the CPAC’s mandate and report their concerns and issues to the CPAC.

· Abide by the procedural decisions made by the Chair.

· Disclose any pecuniary interests per the requirements of the Municipal Conflict of Interest Act.

· Actively participate in carrying out the responsibilities of the CPAC.

· Be considered to be voting members of the CPAC.

ROLE OF TOWNSHIP ADMINISTRATIVE STAFF

The Clerk, or his/her designate, shall be the staff liaison to the CPAC.

The staff liaison’s responsibilities include:

· Corresponding with members of the CPAC.

· Acting as the CPAC Secretary, including agenda preparation and minute taking.

· Giving notice of meetings and preparing all associated correspondence.

· Preserving all records and correspondence in accordance with the Township Records Retention By-law.

· Acting as a resource personnel for Township policies and procedures.

REPORTING REQUIREMENTS

CPAC minutes are to be provided to the Clerk for insertion on the Council agenda. Recommendations for Council’s consideration are to be presented to Council in an appropriate format under signature of the Clerk.

FINANCIAL RESOURCES OF THE COMMITTEE

Members of the public serving on the CPAC will receive remuneration in the amount of $XXXX per meeting attended.

Reimbursement for travel and other expenses incurred in the performance of CPAC duties will be paid in accordance with the Township’s policies.

Any financial requirement of the CPAC shall be approved by Council prior to expenditure.

FREQUENCY OF MEETINGS:

The CPAC will meet a minimum of monthly, with the exception of the months of July, August and December.

TERM

The term of the CPAC shall coincide with the term of the appointing Council.