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ONTARIO
ASSOCIATION OF POLICE SERVICES BOARDS
A Ten Year History of OAPSB Activities from 1990 - 2000
Labour Relations
Data System
A comprehensive labour relations data base was maintained which reduced
the time and costs associated with preparation for bargaining by local
Boards, and allowed for easy identification of contract "norms"
for comparable police services thereby curbing unrealistic settlements.
In 2003, a new system is being arranged and labour relations resources
and contracts are available on the OAPSB web site.
OMERS 25 Year Pension
Proposals
In 1989, and again a few years later, the OMERS Board recommended to the
Province the establishment of a 25 year pension plan for police officers
and fire fighters. In both of these instances, intensive lobbying by OAPSB
precluded the introduction of a 25-year pension for police officers, the
costs of which would be prohibitive. At present, the OMERS Board is attempting
to gain autonomy from the Province. The Association is working to ensure
possible OMERS Autonomy will not negatively impact PSBs across the province.
Court Security
In 1989, the Province of Ontario introduced legislation requiring local
police services to provide court security for facilities within their
jurisdiction. While the OAPSB was unsuccessful in having the legislation
quashed, it was successful in obtaining a last minute amendment that gave
the local Board, not the judiciary, the authority to determine what level
of security is "adequate", as well as an amendment allowing
for the use of special constables rather than police officers - these
changes reduced the costs incurred by local Boards who assumed court security
responsibilities.
Collective Bargaining
Proposals & Use of Advisors
In the late 1980's, very few Boards prepared bargaining proposals to exchange
with their local Association, and in most instances, Board members bargained
without the use of professional advisors. 1990 saw a significant shift
in the Association's labour relations support for members. Boards were
urged to utilize professional labour relations consultants/lawyers to
aid in their collective bargaining initiatives, and ultimately, at arbitration.
As well, the Association began making recommendations on Board proposals
that could be advanced to local Associations to aid in the achievement
of greater flexibility to deploy police resources. The OAPSB was also
successful in having new language added to the Police Services Act requiring
arbitrators to "take into account the interest and welfare of the
community served by the police force as well as any local factors affecting
the community". All of these efforts have reduced the introduction
of new contract provisions that would have a "whip-saw" effect
on other police employers. Today, arbitrators are responding positively
to employer proposals that reduce the costs of providing for policing.
In 2003, the OAPSB
is developing a training module on Labour Relations matters of interest
to Board Members and a fall conference dedicated to labour relations/HR
issues. It is also working on the provision of labour relations data,
through a new province-wide system.
Training for Board
Members
In 1990, the Association was successful in convincing the Province of
Ontario that training for Board members was a necessity - since that time,
numerous training programs and workshops were offered throughout Ontario
at minimal cost to local Boards. Provincial funding is no longer available,
therefore in 2003, the OAPSB is working to develop a new training program
for Board members that will be both effective and affordable.
Board Role Defined
in Legislation
The OAPSB's amendments to the Police Services Act resulted in a clearly
defined role for Police Services Boards, including: determining priorities
and objectives; recruiting chiefs and deputies; monitoring the performance
of the chief of police; and establishing policies for the effective management
of the police force. Prior to this time, legislation simply stated there
would be a governing authority, but no role for the Board was defined
-this circumstance resulted in long standing debates between Boards, chiefs
and police personnel on the nature and scope of a Board's role. The OAPSB
is now working to more clearly define the role of Section 10 Boards.
Court Backlog Funding
In 1990, the Province of Ontario faced a critical backlog in the courts,
and announced plans to reduce the backlog that would result in increased
costs for local police services (overtime and transportation of prisoners).
OAPSB met with the Solicitor General and Deputy Solicitor General, impressing
upon them the need for financial assistance to offset the significantly
increased costs that would accrue to local police services. $4.5 million
dollars in grants were distributed among police services affected by the
additional workload.
Police Funding
Inequities
After 5 years of intensive lobbying in the '90s and a public awareness
campaign, the Province of Ontario implemented legislation requiring all
municipalities in Ontario to pay for their policing.
Recruitment of
Chiefs of Police and Performance Management
In 1992, OAPSB developed a performance management system for chiefs of
police, after consultation with the Ontario Association of Chiefs of Police
and the Ministry of the Solicitor General. The system has been in use
not only in many locations in Ontario, but in other Provinces in Canada.
In 1994, the Association developed, in concert with Hay Management, a
comprehensive training program and support vehicle for Boards who face
a most daunting challenge - the selection of a new chief of police. The
many Boards who have used the OAPSB chief selection process speak very
highly of it, and save thousands of dollars when choosing it over the
use of an external management consulting firm to guide them through the
recruitment and selection process. In 2003 the process has been renewed
and re-launched for use by PSBs across Ontario.
Social Contract
Negotiations
1993 found OAPSB in provincial negotiations with the Police Association
of Ontario and the Province for a Social Contract. The ultimate agreement
reflected our hard-fought objections to proposals that would have: seen
Police Association representation on Police Services Board committees
and attendance at in-camera Board meetings; direct police
association involvement in the budget process; prohibition of contracting-out;
prohibition of part-time employees; and, a number of provisions that would
have intruded on normal management rights. Our agreement did not limit
Boards to specific means through which their local social contract target
could be realized, but provided a "menu" of options that could
be considered at the local level.
New Firearms for
Police Officers
The OAPSB continues to press for full funding of any new provincial policing
initiatives, but it was unsuccessful in gaining funding for new firearms.
The OAPSB's efforts, however, over the objections of the Police Association
of Ontario, resulted in a significant phase-in period in order to reduce
the financial impact at the local level.
OMERS Type 3 Surplus
Challenge
Over 50 Police Services Boards joined in a legal action through the Association
to challenge the OMERS Board decision to require bargaining agent consent
on the disposition of surplus funds. While the OAPSB lost its appeal of
this decision, it was successful in having a Board member added to the
OMERS Board representing police employers.
Status of Board
Employees
The Niagara Regional Police Services Board found itself before the Ontario
Civilian Commission on Police Services pertaining to the status of Board
employees. OAPSB legal counsel represented the interest of all Police
Services Boards at the hearing, and OCCPS ultimately ruled that staff
whose only duties related to the Board function are not required to be
members of the local Police Association.
Code of Conduct
for Board Members
After three years of effort, the Province of Ontario adopted the OAPSB's
proposals for a Code of Conduct for members of Police Services Boards
- the regulation was proclaimed in November of 1997. The code will allow
OCCPS to objectively assess the conduct of Board members when called upon
to do so, and Board members will be aware, up front, of what constitutes
misconduct.
1997 Police Services
Act Amendments & Adequacy Regulation
OAPSB met regularly with the Ministry of the Solicitor General along with
other policing stakeholder groups on the adequacy standards. Amendments
to the Police Services Act did not compromise the authority of Police
Services Boards. The OAPSB continues to meet and discuss the need for
a regulation defining "adequate and effective' police services through
the Provincial Policing Standards Advisory Committee.

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