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25 October 2013

Canadian Association of Police Boards 157 Gilmour Street, Suite 302 Ottawa, Ontario K2P 0N8 Tel: 613|235|2272 Fax: 613|235|2275 www.capb.ca

BRITISH COLUMBIA ...... 4 12th & Cambie: Vancouver Police Board meetings now online ...... 4 Hearing set for conduct of Delta officers ...... 5 Calls for 'cameras on cops' renewed in latest B.C. inquest ...... 6 New Staff-Sergeant takes over as Revelstoke police chief ...... 10 ALBERTA ...... 12 Rod Knecht to be Edmonton’s police chief through 2018 ...... 12 SASKATCHEWAN ...... 13 Downtown safety in Saskatoon a police priority ...... 13 MANITOBA ...... 15 Police HQ cost overruns final straw forcing Sheegl out ...... 15 ONTARIO ...... 15 Durham police chief retiring in 2014 ...... 15 Former Chatham police chief remembered ...... 17 Chief Cook lauded at Queen’s Park ...... 19 Toronto Police officer had no choice but to shoot, inquest told ...... 19 No action from police board on plainclothes cops controversy ...... 21 Police service ‘drowning’ in labour costs ...... 23 Council considers 3.4 per cent property tax hike for 2014 ...... 25 London police initiative lacks understanding, says expert ...... 26 London Police Chief Brad Duncan announces internal review of Project Learn ...... 27 Ottawa police budget to cost average taxpayer $11 more in 2014 ...... 30 The Spectator's view: Police board wise to welcome transparency ...... 32 Raises push up policing costs ...... 35 Barrie Police chief cool on cruiser cam concept ...... 37 QUEBEC ...... 40 Montreal police react to increase in racial profiling complaints ...... 40 NEW BRUNSWICK ...... 42 Answers needed about RCMP response to Rexton protest, group says ...... 42 NOVA SCOTIA ...... 43 Police watchdog probes after motorcyclist hurt ...... 43 PRINCE EDWARD ISLAND ...... 44 Anti-bullying bylaw mulled by Summerside ...... 44 Summerside police involved in the community on and off the job ...... 45 NEWFOUNDLAND ...... 46 Right to know vs public safety ...... 46 NATIONAL ...... 47 Justice Minister wants no parole for ‘absolute worst’ offenders ...... 48 'Sovereign citizen' attacks a growing concern, police told ...... 49 INTERNATIONAL NEWS ...... 51 Plans for new Essex police complaints watchdog ...... 51 Boston City Council candidates divided on police pay ...... 52 Arbitration award was legal and binding, police union says ...... 54

2 A history of police in North America ...... 56 Two more members of police oversight committee acknowledge 'legitimate questions' 58 Council owes Boston voters timely decision on police pay ...... 64 Metro Police union says rules followed during pay-raise arbitration ...... 65 UC Davis Unveils Police Oversight Plan ...... 67 Portland police chief objects to several proposals intended to strengthen police oversight ...... 69 Pasadena Council shuts down one member’s request for police oversight study ...... 72 Violent and Property Crime Up for Second Straight Year ...... 73 Fatal Encounters Between Police and Mentally Ill Rising ...... 74 Police chiefs put the heat on Congress ...... 74 Fed action 'will have to come through me' - Chief ...... 76 Government 'willing to consider' force mergers ...... 77 A tale of cuts versus courage ...... 78 Chiefs 'must help officers challenge them' ...... 80

3 BRITISH COLUMBIA 12th & Cambie: Vancouver Police Board meetings now online MIKE HOWELL / VANCOUVER COURIER OCTOBER 22, 2013 01:45 PM (…Cue some upbeat music, heavy on the saxophone…bring in big dude with public address announcer voice…)

From the Cambie Street headquarters of the Vancouver Police Department…it’s Tuesday afternoon live with….the Vancouver Police Board!..

(…Cue applause meter…)

Yep, it’s true — the Vancouver Police Board is now on the air.

The first episode was broadcast Oct.15 via the VPD’s website.

“Welcome to all those who are watching online,” said Mayor Gregor Robertson at the beginning of the meeting. “We welcome the openness and transparency. This is a civilian board representing the citizens of Vancouver.”

That it is.

And if you’re wondering what Robertson was doing there, he’s the chairperson of the police board. It’s a position he inherited when he was elected mayor in November 2008.

He leads a board of six civilians appointed by the provincial and municipal governments.

The board is the governing body of the police department. So it has a pretty important role when it comes to finances, policy and complaints against officers. It’s also responsible for hiring and, if need be, firing the chief. Anybody remember the board not renewing the contract of some guy named Bruce Chambers?

If you tune in, you’ll see Police Chief Jim Chu and his three deputy chiefs — Warren Lemcke, Adam Palmer and Doug LePard — in attendance to answer questions from the board.

Speaking from experience, not many citizens attend these meetings. In fact, media usually outnumber regular folk. Maybe it’s because board meetings are

4 scheduled for 1 p.m., once a month on Tuesdays. Or maybe it’s because people can’t be bothered.

Board members have long lamented the fact that the police board is essentially the Rodney Dangerfield of city agencies — getting no respect — and want the public to understand more about what they do.

The topics can be interesting.

Tuesday’s meeting covered racism, marijuana, troubled kids and crime statistics. Chu also talked about his decision to join Twitter, which he used to advertise Tuesday’s meeting.

Yes, the chief is on Twitter (@ChiefJimChu).

Sadly, the handle @BigLeagueChu is already taken but that hasn’t stopped Chu from inflecting humour in his tweets.

A sample from his recent night out with a downtown patrol team:

Working patrol shift Friday and will tweet calls. Last time, a guy was surprised it was me arresting him. I told him he was special. Working tonight with officers that keep downtown safe. This is some of them at roll call. Yep, that’s a donut box (The chief attached a pic of officers at a table with a box of donuts.) 4 Aussie tourists lit fireworks on beach in English Bay. Told this not OK, but shrimp on barbie is OK. We checked 2 Lambos, white one had an N. Drivers were wondering when the mounted unit showed up as back-up. (The chief was referring to Lamborghinis and he tweeted out a photo with officers on horseback, who happened to be in the area, behind the luxury cars.) So there you go, faithful readers, you no longer have to take my word for what’s going on at police board or have me inform you what the chief is up to. Hashtag: #butifyouwantanalysiskeepreadingmystories

Hearing set for conduct of Delta officers JESSICA KERR / DELTA OPTIMIST OCTOBER 23, 2013 12:00 AM

A date has been set for a public hearing into the conduct of two Delta police officers.

In August, the Office of the Police Complaints Commissioner announced an inquiry into the actions of constables Aaron Hill and Aaron McRae.

5 The hearing will take place in Vancouver Dec. 2 to 4. In September 2011, the Office of the Police Complaints Commissioner received a complaint that the two officers tackled a man off his bike and repeatedly smashed his face into the cement and kicked him in the ribs during an arrest in North Delta on Sept. 17, 2011.

The complaint alleges abuse of authority, damage to property of others, deceit and neglect of duty on the part of the two officers.

The complaint has already been extensively reviewed. Initially it was forwarded to the Delta Police Department's professional standards section. It was investigated and found only the neglect of duty allegation was substantiated.

In December 2012, the police complaint commissioner decided to send the complaint to a judicial review after determining there was a reasonable basis to believe the initial decision was incorrect.

After reviewing the case, retired judge Jakob S. De Villiers dismissed all the allegations against the officers in June. However, he noted in his findings that he thought he was not able to cross-examine those who testified and the complainant was not allowed to participate in the proceedings.

In August, police complaint commissioner Stan Lowe announced that after reviewing the investigation and the proceedings to date he came to the determination that a public hearing is required "as there is a reasonable basis to believe that the... findings are incorrect and that it is also necessary in the public interest."

Retired provincial court judge Alan Filmer has been appointed to adjudicate the proceedings.

Both officers remain on active duty.

Calls for 'cameras on cops' renewed in latest B.C. inquest 7 coroners inquest juries in past few years recommended audio and video recording of police actions The Canadian Press Posted: Oct 20, 2013 2:01 PM PT Last Updated: Oct 20, 2013 2:07 PM PT

One of the few facts not in dispute in the death of former Canadian peacekeeper Greg Matters is that he died on the ground at his rural British Columbia farm, shot in the back by one of the heavily armed members of the RCMP emergency response team sent to arrest him on a charge of assaulting his brother.

6 A coroner's inquest into his death was supposed to take one week, then stretched into two, and now will continue at the end of January as jury members grapple with conflicting accounts around the shooting of Matters, 40, an ex- soldier in treatment for post-traumatic stress disorder.

1 of 5 Already, the province's Independent Investigations Office, called on its very first day in operation to the rural farm Matters shared with his mother near Prince George, B.C., says it may issue a supplemental report after revelations at the inquest the 40-year-old former soldier was shot in the back, contrary to the report that cleared the officers involved of criminal wrongdoing.

"We are aware of the evidence that was presented to the coroner's jury and cannot discuss it in detail, as the inquest is still underway," said the spokesman for the office, Owen Court, last week as testimony continued at the inquest.

Court said IIO officers received a copy of an autopsy report that listed the cause of death as "gunshot wounds to chest."

"At the conclusion of the inquest process, we may issue a supplemental report confirming that that bullet paths were known to the IIO and considered... as part of his decision in this case," Court said.

7 juries recommend recordings

Matter's mother and grieving loved ones question the account of police officers involved in the shooting, and the family's lawyer made it clear at the inquest that they would like the jury to recommend video or audio recording of such police actions.

If the jury agrees, it will not be the first time.

In fact, it won't even be the first time this year.

A coroner's inquest is held into every fatality involving police in the province and in three inquests held earlier this year, all three made the same recommendation, in the cases of Adam Purdie, Brendon Beddow and Justin Zinser.

In the few years prior to that, four more juries made the same recommendation.

"Those seven inquest juries all felt that we in British Columbia, including the police presumably, would benefit from audio-video recording capability present when police officers are in potentially dangerous interactions with citizens," Cameron Ward, the Matters family lawyer, told the director of standards and

7 evaluation for the provincial government's Police Services Division while she testified at the inquest.

"What work, if any, has your organization, Police Standards, done to implement those recommendations?"

Lynne McInally, executive director of the division, replied that priorities and policy are set by the B.C. justice minister and the director of police services, currently Suzanne Anton and Clayton Pecknold.

"I can tell you that from within my unit we are not currently creating standards about the use of cameras ...," McInally said.

Right now, the priority is on the recommendations that came out of the provincial inquiry into missing women, she said.

IIO asks for 'cameras on cops'

The same recommendation for recording emerged from the coroner's inquest into the fatal RCMP shooting of Ian Bush, a 22-year-old mill worker shot in the back of the head in the RCMP detachment in Houston, B.C., after his October 2005 arrest for having an open beer outside a hockey arena and giving a false name to police.

"You can go over to Future Shop and pick up a tiny video camera with audio capability for about 50 bucks and you can clip it onto a belt or a lapel," Ward said at the Matters inquest.

Henry Waldock, the lawyer for the IIO at the inquest, asked McInally how his office could try to make mandatory recording a priority.

"Cameras on cops would make our job a lot easier," Waldock said.

Coroner Chico Newell, who has presided over several of the police shooting inquests that have made the same recommendation, had a similar question.

"I apologize if this cuts too close to the bone for you, but if it was your son or daughter we were here to look into the facts and circumstances surrounding their death, what would you be suggesting to the jury may be done so to effectively address these issues in a priority fashion," Newell asked.

"To make very clear recommendations to the minister of justice in the jury recommendations about exactly what it is that the jury would like to see done," McInally replied, adding the recommendations should aim not just at police, but the province.

8 B.C. Justice Minister Suzanne Anton said it would be inappropriate for her to comment while the inquest was underway.

"However, I will say that the province is very aware of coroner recommendations and takes them very seriously," she said in an email response to a request for an interview.

Sgt. Rob Vermeulen, spokesman for the RCMP in B.C., also said the force takes the recommendations very seriously. Each is reviewed and researched, and a response sent to the coroner.

"We have to be mindful that any recommendation made could potentially impact on all RCMP resources in B.C. and may require additional significant training, infrastructure and finances, or may have complex legal challenges associated to any implementation," Vermeulen said.

Body-worn video tested by RCMP

Sgt. Julie Gagnon, a national spokeswoman for the force, said the RCMP has conducted research and pilot testing of body-worn video, but there are legal and practical challenges to implementation.

"However, the RCMP does see the value in its use for police and public safety," she said.

"The RCMP will continue to assess deployment options for body worn video in the RCMP, for law enforcement purposes, while also respecting all Canadian legal and regulatory requirements."

Josh Paterson, executive director of the B.C. Civil Liberties Association, said any audio or video record would be in the interests of the public and police.

"On many occasions there are questions about the propriety of police conduct, the appropriateness of their actions and having better evidence of that would go some way, in many cases, to helping the police officers," Patterson said.

Robert Dziekanski died on Oct. 14, 2007, shortly after he was jolted several times with a police Taser. (Paul Pritchard)

He acknowledges that this and other oft-repeated recommendations, such as improved mental health response training, would require additional funding for equipment, training and more staff.

One of the jurors at the Matters inquest asked if recording was among the recommendations from an inquiry into the death of Robert Dziekanski after he was shocked by an RCMP Taser at Vancouver airport.

9

Inquest counsel Rodrick Mackenzie said in that case, while there was no RCMP recording, eyewitness video emerged in the weeks after Dziekanski's death.

"It led to a great deal of controversy, in fact, perjury charges against police officers," Mackenzie said.

New Staff-Sergeant takes over as Revelstoke police chief

By Alex Cooper - Revelstoke Times Review Published: October 24, 2013 4:00 AM Heading to the RCMP detachment last week to meet the new Staff-Sergeant, I wasn’t sure what to expect. He’s the new chief of police in Revelstoke, and his name – Kurt Grabinsky – rings off the tongue if you say it in the over-the-top manner of a gruff, cigar-smoking police commander from a 1950s police flick.

So it was a nice surprise when he came out to greet me – average height and build, fast talking and definitely younger than expected.

Grabinsky, who’s in his early 40s, has been with the RCMP for 16 years. Growing up in Saskatoon, he was studying to become a lawyer. With a Bachelor or Arts in History and a Bachelor of Science in Physical Education, he was studying for his LSAT’s when he had one of those life-altering conversations.

He was working at a bike shop when a Saskatoon city police officer came in with his bicycle. “We sat and talked for 45 minutes and I changed my career path completely,” Grabinsky told me. “I went from working in a bike shop and going to university to applying to the RCMP and Saskatoon City Police.”

He was accepted to both, first working with the Saskatoon police and then moving to the RCMP. His career started in British Columbia, where he worked in Terrace, Telegraph Creek, Quadra Island and Tofino (where he worked with his predecessor, retired Revelstoke Staff-Sgt. Jacquie Olsen).

After over 11 years around B.C., he transferred to Ottawa where he spent four years in embassy patrol and customs and excise. Afterwards, he went to North Battleford, Saskatchewan.

Why become a police officer? “I wanted an active career where to help people was the goal. This is one of those areas I thought I could lend a hand,” Grabinsky said. “So far it has been an extremely rewarding career and I recommend it to everyone.”

10 In North Battleford, Grabinsky was the Sergeant and eventually the acting detachment commander. There, he worked in what has been referred to as the crime capital of Canada after topping Statistic Canada’s Crime Severity Index for three straight years. According to the Saskatoon Star-Phoenix, nearly one in three youth in North Battleford was charged with a crime in 2012 – three times the provincial average. It has the highest rate of non-violent crime and the third highest rate of violent crime in the country.

The statistics don’t reflect the nature of the community, which is the centre of a larger regional population.

“When you walk around the streets of North Battleford it’s a lovely pleasant community, which is quite a nice place to be,” Grabinsky said. “I would spend my lunch break running through the hood, the less desirable neighbourhood. It didn’t bother me because it’s a rare time that it’s a problem.”

Still, he said there were lots of break and enters, gang violence, shootings and even a murder. Policing there was a big challenge where they were always on the run and didn’t have enough to do community outreach, he said. “Working in North Battleford, it was a non-stop environment.”

One tactic they did deploy in North Battleford was a committee called the hub. It consisted of representatives from numerous stakeholdrs, including the RCMP, the fire department, hospital, and social sectors, who met to create a community action plan. “We met twice a week to discuss clients in the community that may need assistance,” he said. “I’m not going to make commitments to that today but I want to see if we can partner together.”

Grabinsky said he prefers to take a community approach to policing, rather than crime and enforcement.

Grabinsky started in Revelstoke the day after Thanksgiving and he was on his third day on the job when I met him. He said he was attracted to the post because he and his family wanted to return to British Columbia. The ski resort didn’t hurt either.

“B.C more reflects who we are as people and we already feel more active and happier here than we have in the last few years,” he said, adding that his family had been here as tourists before and found the community very friendly and welcoming.

From a policing perspective, he noted Revelstoke does have a drug element that needs to be addressed.

“As I’ve seen in North Battleford, where the drug element – some people find it recreational – but there’s an outlying effect that it has on thefts to get the money to buy drugs, the destruction of the social network of a community when

11 the effects of those drugs destroy families,” he said. “We need to rely on the laws to enforce this. We need to rely on information we can get from people in the community to reduce drug use and abuse and keep people healthy and safe.”

Grabinsky has a wife and three children – two school aged and one younger. He said he likes skiing, snowboarding, cycling, boating and soccer. His number one priority is his family and his second is his work.

“My work is overwhelming right now because learning a new job and having to be here for that job is going to be my goal for the next year,” he said. “And then I’ll put myself out there.”

ALBERTA

Rod Knecht to be Edmonton’s police chief through 2018 By Caley Ramsay Global News

EDMONTON- Edmonton’s Chief of Police, Rod Knecht, has signed a two and a half year contract extension.

The Edmonton Police Commission announced the extension at its public meeting Thursday night.

Knecht joined the Edmonton Police Service in June, 2011, with his initial contract set to expire in June, 2016.

“The Edmonton Police Commission appreciates the direction Chief Knecht has taken policing in Edmonton over the past two and a half years,” said Shami Sandhu, Chair of the Edmonton Police Commission. “He has demonstrated strong leadership and the Service has made significant advancements under his guidance. The extension of his contract will ensure consistency and stability as we move toward a safer Edmonton.

“We understand the challenging and unique environment of policing a city like Edmonton and believe that Chief Knecht will continue to make positive advancements in public safety.”

Sandhu credits Knecht for helping bring down the homicide rate the city saw two years ago. In 2011, there were 48 homicides in Edmonton.

12 “The work that he did with the violence reduction strategy, which continues today, has brought down the high homicide rate, in part. We’re quite pleased with the work he’s done.”

Knecht says he’s very pleased the Commission has chosen to extend his contract.

“I look forward to working with the Commission and the men and women of the Edmonton Police Service over the next several years,” he said. “Working together, we have made great strides over the past two and a half years towards our goal of making Edmonton the safest major city in Canada.”

Despite that hard work, both Sandhu and Knecht say there is still work that needs to be done, and that involves making sure the EPS has the resources to police the city.

“We presented a report to City Council- I did with the chief- a few months ago, asking for 35 new officers every year for the next five years. That’s barely going to get us to where we should be,” Sandhu explained.

Earlier this month, Knecht was one of 23 recipients of the Order of Merit of the Police Forces. Knecht was awarded the medal by Governor General David Johnston.

The Order of Merit of the Police Forces was created to recognize exceptional service by members of Canadian police forces whose contributions extend beyond protection of the community.

The new contract extends Knecht’s position as chief until Oct. 31, 2018.

SASKATCHEWAN Downtown safety in Saskatoon a police priority Cops know the hotspots CBC News Posted: Oct 24, 2013 6:03 AM CT Last Updated: Oct 24, 2013 6:03 AM CT

Police say keeping Saskatoon's downtown safe starts with knowing what's-hot and what's-not.

13 Anticipating troublespots is basic policing.

And Inspector Mitch Yuzdepski is big on basics.

"We encourage our members to be where there's going to be a lot of people," said Yuzdepski.

"We try and encourage our members to be present, to be visible, to be accessible to the public during those times."

So where will you find beat cops?

Bars at closing time.

Movie theatres.

Festivals.

Yuzdepski is the top cop in Central Division, the policing territory that includes the downtown core. For the past five years, he says police have made a concerted effort to let people know officers are on the street.

Identifying hot spots

People will see officers strolling through bars and businesses.

They'll be cruising through alleys.

Checking out high-traffic automated teller machines.

"You'll see traffic unit members, either in marked units or unmarked units, floating through the division. You're gonna see bike unit officers, there's four per shift, and then there's a couple of beat officers that work in the downtown as well," he said.

And Yuzdepski says it's paying off.

Property crimes are down almost 13 per cent over the past five years. In that same period, the number of crimes against people are effectively the same. This, even though the number of people living and working in the downtown has gone up.

"Despite the fact that the population is growing, the dynamics of the downtown is in my view getting much busier, crime is not rising despite our downtown is becoming more vibrant," he said.

14 MANITOBA Police HQ cost overruns final straw forcing Sheegl out CBC News Posted: Oct 24, 2013 9:58 AM CT Last Updated: Oct 24, 2013 12:18 PM CT

Ballooning cost overruns for the construction of Winnipeg's new police headquarters was the final straw that led to the end of Phil Sheegl's role as the city's chief administrative officer.

Sources tell CBC News the overruns to transform the former Canada Post building on Graham Avenue into the police HQ are now in the range of an additional $10 to $17 million above previously reported overruns of $28 million.

Councillors on the mayor's executive policy committee learned of the growing costs in late September. Sheegl was directly involved and was already on the hot seat for the fire hall land swap.

EPC members were not able to determine who authorized the change orders that contributed to the extra costs for the police HQ and Sheegl couldn't tell them who did.

At one point the majority of EPC members wanted to wait until the fire hall audit was public before getting rid of Sheegl, but the cost overruns at the police HQ pushed them to act.

Five of the six councillors on EPC sent a letter to Mayor Sam Katz calling for Sheegl's resignation. The sixth member of EPC, Jeff Browaty, was out of town. The decision to write the letter was led by Transcona Coun. Russ Wyatt.

Sheegl's lawyers demanded he be allowed to leave his job before the fire hall audit was released and be given 18 months' severance pay.

Sheegl left with 12 months' compensation as dictated by his contract.

ONTARIO Durham police chief retiring in 2014

By Lindsey Cole/The Oshawa Express Wednesday, October 3, 2013

15 “If I can’t move it (the organization) anymore forward I’m going to hand it off to someone else. I’ve got a strong, strong team and any one of those folks could do it…and I’ll get out of their way in a heartbeat,” Durham Police Chief Mike Ewles told The Oshawa Express in a previous interview in 2012.

Come May 31, 2014, Durham’s police chief will make good on that statement as he steps down. He announced his retirement during a recent Durham Regional Police Services Board meeting.

“It is with mixed emotions that I made the announcement to the Board today,” says Chief Ewles in a statement. “I’ve committed my entire professional life to an organization in which I take great pride, that I love and care deeply about. But after seven years as Chief, it’s time to pass the torch, and to focus more energy on my family and community interests.”

It’s his family, he says, who has helped him achieve his success.

“One of the biggest credits I have to give is to my family. Every family goes through tough times. That’s been my rock. Those two functions (being a father and husband) have anchored me. They’ve both been big supports and are not afraid to challenge me,” he told The Express of his wife Cristal and daughter Grace.

Chief Ewles was born in Scarborough but raised in Oshawa, moving to the city at just three years old. At a very young age he knew he wanted to be a police officer and he shaped his life accordingly to do so. His father ran a furniture store in the Oshawa Centre, and there were a few incidents of theft which escalated prompting police action.

“The police were involved then and literally did such an incredible job in managing our concerns, my dad’s concerns, our personal safety issues,” he said. “At the time I knew that’s exactly what I wanted to do.”

From high school the chief moved to Queen’s University where he received his degree in psychology. Chief Ewles has had the chance to work in every community in the region, which he says shaped who he was and is as an officer.

“I’ve made it a point to try and do that. If you’re going to be truly a regional officer, you really should experience the whole region. There are different expectations in every community.”

When it comes to moving up the ladder, Chief Ewles said it wasn’t something he planned to do, but he moved up the ranks swiftly. He was promoted to the rank of Inspector in 2002, was sworn in as deputy chief in June 2006, and as chief in May 2007.

16 “When I joined the job, I never ever contemplated the notion of being the chief of police,” he explains.

But his career hasn’t been without its share of controversy. When several complaints were made against him, he says that was one of the most challenging times in his career.

The chief was accused of misconduct and was thoroughly investigated. The Durham police association president alleged Ewles used his position for private purposes, as he allegedly stepped in when one of his ‘friends’ was caught speeding. Then, it was also alleged that he refused to be searched at a hockey game, claiming he was undercover and that his wife’s purse contained a gun. There was also a complaint made against the chief from a member of the public stating the man was charged during an assault investigation after Chief Ewles allegedly interfered on behalf of the man’s wife, who was a former police volunteer.

“There were some frustrating times. I was fully exonerated from those pieces.”

In 2014 Chief Ewles will have been in policing for 32 years.

He told The Express previously that he had no qualms with retiring if the service was in a good place.

“It’s not about me. In my mind it’s never been about me. It’s been about this service. I want to have six people ready to take my place. I want to have that depth of talent. We do have that talent in house,” he said.

“Under his command, we have witnessed a significant drop in crime and among the best clearance rates in the country. We are working more closely with our community partners as a problem solving organization and not simply reacting to criminal incidents. Chief Ewles has positioned the DRPS for long term success and his contributions will leave their mark on the Service for years to come,” states Police Services Board and Regional Chair Roger Anderson.

The board will begin the process to select the next chief of police in the weeks to come.

“Good leaders, by virtue, should have a plan to make themselves redundant,” Chief Ewles added.

Former Chatham police chief remembered

By Vicki Gough, Chatham Daily News Tuesday, October 22, 2013 6:35:33 EDT PM

17 A former Chatham police chief is being remembered for his multilayer legacy.

Carl Johnston, 82, passed away suddenly at his home in Collingwood on Sunday.

Johnston was chief of police in Chatham between March 1987 and August 1989.

He arrived from St. Thomas police department and after his tenure in Chatham, he was appointed to a two-year contract as assistant deputy-minister of policing services for the Solicitor General of Ontario.

Chatham-Kent police Chief Dennis Poole said Johnston had a profound effect on enhancing the professionalism of policing in Ontario.

"Chief Johnston was well-respected throughout the Ontario police community, which the Province of Ontario recognized when they appointed him," Poole said in a news release.

Johnston started his policing career in Essex, joining the then three-person force as a constable in 1959. After four years, it was off to Delhi, where Johnston applied for - and was appointed as - police chief.

At the time, he would be the youngest police chief appointed in the province.

Johnston was also a member of the Ontario Association of Chiefs of Police, and became its youngest president soon after his appointment as police chief in Collingwood in the early 1970s.

Retired sergeant Dave Lutes of Chatham-Kent police service remembers Johnston as "a man ahead of his time."

"He started victim services in Chatham long before it was mandated," Lutes told The Daily News.

Lutes said Johnston also began the chaplaincy program here with one Catholic priest and a Protestant minister.

As president of the Chatham Police Association, Lutes worked with Johnston on many levels.

"He had a true open-door policy," Lutes said.

Johnston held monthly meetings with all department heads and each manager took turns chairing the meetings, he said.

"You really felt like you were part of a team."

Johnston is survived by his wife Maxine, three children and five grandchildren.

18

A funeral service will be held at Trinity United Church, 140 Maple St. Collingwood on Friday at 11 a.m.

Poole and Lutes both said they are planning to attend the service and will be joined by a representative of the local police association and the Chatham-Kent police honour guard.

Chief Cook lauded at Queen’s Park Wednesday, October, 23, 2013 - 11:11:28 AM

QUEEN’S PARK – Recent recognition of North Bay Police Chief Paul Cook by the Governor-General was highlighted Nipissing MPP Vic Fedeli in Queen’s Park on Oct. 22.

Fedeli read a Members’ Statement outlining Cook’s policing achievements in the Ontario Legislature this afternoon. The prepared text of the statement is as follows:

“Thank you, Speaker. Today I stand to pay tribute to one of Nipissing’s finest, North Bay Police Chief Paul Cook. “Earlier this month, Chief Cook was named an Officer of Merit of the Police Forces by Governor General David Johnston. He was recognized along with 28 other officers during a ceremony held at the Citadelle, Quebec. “Chief Cook has served in policing for 31 years, all of those coming in North Bay. He joined the North Bay Police Service as a Constable in 1982, and over time rose through the ranks, serving first as Deputy Police Chief before being named Chief in 2004.

“Chief Cook has always looked to better himself and those around him. He’s travelled to FBI Headquarters in Quantico, Virginia for training, and has served as vice-president of the Canadian Association of Police Chiefs, and this year, became president of the Ontario Association of Chiefs of Police.

“On a personal note, I’ve known Paul for many years, and worked with him when I served on the local Police Services Board as Mayor of North Bay. I’m very proud that he represents Nipissing with distinction and dedication each day, and I offer him congratulations on behalf of the residents of Nipissing.”

Toronto Police officer had no choice but to shoot, inquest told

19 BY MICHELE MANDEL ,TORONTO SUN FIRST POSTED: TUESDAY, OCTOBER 22, 2013 09:48 AM EDT | UPDATED: TUESDAY, OCTOBER 22, 2013 07:58 PM EDT TORONTO - The police officer had no choice.

All three eyewitnesses seemed to agree — facing down a young man armed with a knife who kept on coming despite commands to stop, the Toronto cop was left with no alternative but to shoot.

Reyal Jardine-Douglas, 25, may have been troubled and may have been psychotic, but he was charging towards the retreating officer with a sharp blade he’d just pulled from his knapsack. And as the distance closed between them, the tragic end couldn’t be avoided.

“He was going to hurt somebody and the only person in his path was that police officer,” recalled Blythe Brett, who watched the shooting unfold as she drove by on Aug. 29, 2010.

Heading into this inquest examining the police shootings of three people with mental illness, there was much criticism that there must have been a better way than firing their service revolver.

But as the hearing begins to look at the first case of Jardine-Douglas, it becomes obvious that any better solution evaporated as soon as uniformed police were dispatched with their lights and sirens blaring. In hindsight, there’s little surprise that someone paranoid and delusional was bound to react badly.

The police knew he was in mental distress. Jardine-Douglas’s worried sister had called 911 for help and was on the phone, outlining how her brother had been suffering for years and was now acting particularly irrationally. They were told he’d boarded a southbound Victoria Park bus but there were no reports of his threatening anyone on board.

That all changed, however, as soon as TTC driver Ralph Charles noticed the police cars and pulled over to let on the two officers.

What followed next is captured in chilling detail by the video that was running on the TTC bus. Jardine-Douglas, dressed in baggy jeans, a loose shirt and baseball cap, can be seen sitting quietly in his seat until he notices the cruisers. He then stands hurriedly and tries to go out the back doors before the bus has stopped. Unable to get off, he can then be seen reaching into his knapsack and unwrapping a knife from its packaging.

The first officer on the bus doesn’t have his weapon drawn when, according to Charles, he calmly addresses Jardine-Douglas by saying, “Can you come with me, sir?”

20 On the soundless video, you can see the startled look on the officer’s face when he suddenly spots the knife in his right hand. He begins backing out of the bus and shouting something as he reaches for his gun. Charles said the cop was yelling, “Drop the knife, drop the knife” but Jardine-Douglas ignored him and quickly followed him off the bus.

The driver said the officer was trying to back up to maintain the distance between them but there were obstacles in his way — a hydro pole and then a fence. And still Jardine-Douglas kept moving forward.

Brett was in a car when she noticed the man with a knife shadowing the officer, pivoting on his feet and changing direction like a basketball player covering an opponent. “He had a facial expression that he was going to hurt somebody and he didn’t care,” she says. She assumed Jardine-Douglas was on drugs or having some kind of “psychotic break,” because it made no sense that he kept advancing towards the cop.

“The police officer was in danger. There’s no question in mind,” Brett said.

Her girlfriend riding beside her that day agreed. “It almost seemed like he charged at the officer,” recalled Storm Grosvenor, who said Jardine-Douglas had raised his knife. “He had no choice. He had to defend himself.”

The four gunshots happen off camera — but they are seared in the memory of the TTC driver. He believes the police had no option, but it haunts him still.

“When I put myself into the position of the parents, it’s hard because I have kids and I would prefer to die before my kids,” Charles said, his eyes filling with tears.

“But I know as well how the officer must feel,” he added. “I know very well he wouldn’t be able to sleep for a long while, for the rest of his life.”

The inquest continues Thursday with testimony from police on scene that day.

Oct 18, 2013 | No action from police board on plainclothes cops controversy

Chairman says operational issues not in board’s purview

DurhamRegion.com ByJillian Follert DURHAM -- The Durham Regional Police Services Board won’t be making any recommendations about plainclothes cops at council meetings.

21 Concerned resident Rosemary McConkey addressed the board at its Oct. 15 meeting, asking that members instruct the police chief to only send uniformed officers to council meetings, going forward.

At issue is a Sept. 3 incident at Oshawa City Hall that saw two residents arrested by plainclothes cops sitting among the audience.

The dramatic episode drew questions from politicians and the public about why plainclothes police were in attendance when uniform officers are more common at council meetings.

Describing the scene as “mayhem,” Ms. McConkey said the takedown took focus away from the important business conducted at that council meeting.

“In my opinion, if this board does nothing to ensure that a similar situation does not happen again, it is an abdication of this board’s responsibilities to represent the citizens of the region,” Ms. McConkey said.

Board members did not take any action related to her delegation.

In an interview after the meeting, police services board chairman Roger Anderson said it’s not part of their mandate.

“She’s complaining about operational deployment of officers and really that’s not the board’s decision to make,” he said. “Plainclothes police are all over Durham Region, it’s part of the job. Where the chief deploys them is entirely up to him.”

Oshawa Mayor John Henry, who also sits on the police services board, stressed the Police Services Act directs the board not to interfere with operational issues.

“The board doesn’t get into the day-to-day operations of what the chief does, or what the front line service people do,” he said.

Ms. McConkey suggested the Act is being misinterpreted and quoted from the Morden Report, which relates to the Toronto Police Services Board and the events of the G20 summit in 2010.

“The board has defined its responsibilities in terms of a separation between matters of policy and operational matters. The board has limited its consultative mandate and has viewed it as improper to ask questions about, comment on, or make recommendations concerning operational matters. The board’s approach in this regard has been wrong,” she said, reading an excerpt.

The police services board is a civilian body that governs the management of the Durham Regional Police Services.

22 It is made up of seven members, three appointed by the Province and four chosen by regional council. Police service ‘drowning’ in labour costs October 17, 2013 London Community News ByCraig Gilbert "Drowning” in salaries and benefits, London’s police services board (PSB) set the stage for another budget showdown in 2014 on Thursday (Oct. 17).

The process is in its early stages but if nothing changes, the London Police Service (LPS) will be asking city council to approve a 4.2 percent increase to its budget in 2014.

The PSB received as information a report on the draft budget from Deputy Chief John Pare Thursday (Oct. 17) afternoon. It will be revisited in October.

The city has asked the police service to limit its budget increase to 2.3 percent.

According to Chief Brad Duncan 4.1 percent of the 4.2 percent increase would go to human resources, including salary, benefits and pensions.

He said personnel costs account for 93 percent of the $93.4 million budget, noting chiefs from other police services in Ontario have told him they are running at about 88 percent and struggling even at that level.

He added for employers in other public sector areas such as education, salary tends to account for 60-65 percent.

The LPS has been putting off training and equipment upgrades as it trims from the small portion of the budget it can control. Examples include new vehicle antennas that support 4G cell phone signals, irradiated low light firearm scopes, portable radios and a replacement K9 animal.

The hire of 30 new officers, recommended by a service level review panel, has also been delayed.

It’s to the point where the service is scavenging parts from a backup 911 “logger” recording unit to keep the primary logger at headquarters online.

Which leads to another problem on the horizon: the Next Generation 911 system in development now could come online as soon as April, rendering the current system inoperable.

Good for public safety, bad for the bottom line.

23 As of September, the LPS is running a $500,000 deficit for 2013. Council cut $636,000 from that budget, settling on a 3.6 percent increase over 2012.

Pressure is also coming from ballooning Workplace Safety and Insurance Board (WSIB) costs, and the fact just nine officers eligible for retirement plan to leave, compared to about 30 in 2013. It’s a trend across Ontario and Canada as more Baby Boomers work longer.

Duncan said all the delays and shuffling will come to a head in 2014 and even 4.2 percent isn’t really enough. He used cyber-crime, including bullying, luring, child pornography and fraud, as an example.

“We are not even scratching the surface with cyber-crime,” he said. “I could put 12 more officers there and they would be busy all the time.”

Human trafficking, related to prostitution and slave labour, is also a growing concern in cities across Canada. In London, a pilot project has just two officers assigned to it.

“The problem for police chiefs across Ontario is … we can’t get away from the fact that if we reduce our services our communities will suffer,” Duncan said. “We’re really at a turning point in terms of understanding the pressure the police face.”

He hopes to have an opportunity to explain the budget to city council in detail, something the LPS wasn’t able to do in 2013.

“More importantly, the public has to be heard as well,” Duncan said. “To arbitrarily reduce a police budget because of the size of the budget without looking at the consequences, I think that’s where we have to have a conversation.”

Finance chair Paul Paulotto placed the blame on police service boards across Ontario for allowing salaries to balloon beyond what the “market can bear.”

“We are drowning in personnel costs,” he said. “The lack of discipline is unacceptable. We’re putting public safety in peril.”

He said police associations (unions) have been “gracious” in their approach to bargaining, but they are “well-funded and well-organized” and are landing expensive contracts on a city-by-city basis.

“It has to be something done across the province in concert with all the boards as a team so we are able to wrestle some of these personnel costs to the ground,” he said. “It’s our job to bring that discipline back to the process. We have to meet them in a manner that’s consistent with the power, the prestige and the discipline that they bring on their side of the fence.”

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He said that’s the approach the PSB would take when the current contract comes next year.

“The frustration I experience is that we’re running out of wiggle room,” he said. “We have to start looking at new ways of managing our relationship with our members such that we can afford it and still deliver the service we require.”

Ward 11 Councillor and PSB member Denise Brown brought a personal touch to the discussion, saying she understands the importance of units like cyber crime because someone tried to lure her granddaughter online earlier this year.

Asked whether she would support a municipal tax increase if the alternative were a cut to police services, she said she would “never vote against public safety.”

Council considers 3.4 per cent property tax hike for 2014 ByChris Herhalt Oct 17, 2013 | Guelph Mercury GUELPH — Guelph city councillors may be asked to consider approving a municipal operating budget that calls for a 3.4 per cent property tax increase for next year.

In an Oct. 9 letter, Al Horsman, the city's chief financial officer, stated the municipality's executive team "is considering recommending an 'all in' tax rate increase of approximately 3.40 per cent" for 2014.

The letter was sent to the Guelph Police Services Board and indicated all city boards and agencies were being asked to prepare operating budgets that would meet this target.

Attempts Thursday to arrange an interview with Horsman about the letter were unsuccessful.

The document, presented Thursday to the police board, termed the 3.4 target a "guideline."

The letter says the proposed 3.4 per cent increase arises from a 2.85 per cent "base budget" hike and "strategic investments and expansions" totalling 0.55 per cent.

It offers no additional information about the 0.55 per cent portion of the proposed increase.

25 Guelph Coun. Cam Guthrie, a member of council's audit committee, expressed surprise Thursday at the possible budget increase referred to in Horsman's letter.

"Hearing that number concerns me greatly," said Guthrie said, when called for a comment about the letter. "The citizens are going to have to start looking at doing some number crunching" to determine what this year's increase will cost them.

Guthrie said he has always favoured "zero-based budgeting," where discussions start on the assumption that there will be no property tax increase, pushing staff and councillors to make the case for new spending, incrementally working up to an agreed property tax increase for the year.

But Guthrie lauded finance staff for informing the police services board that its proposed budget will need adjustments before it reaches council on Nov. 27. The letter asked the police board to advise on "actions that would be necessary" to cut the police service's 2014 operating budget increase to 3.4 per cent from 3.99 per cent.

At Thursday's police service board meeting, financial services manager Kirsten Hand said the police service has whittled $204,800 from its initial budget submission by not filling some vacancies and by not adding a new position in the communications department.

Those moves bring the police budget request to $35.28 million, an increase of 3.39 per cent. This means the police board is unlikely to have to cut further to meet the city target.

Guelph property taxes rose 2.97 per cent in 2013.

Council is to decide the 2014 property tax rate on Dec. 5, with a further meeting scheduled for Dec. 11 if needed.

London police initiative lacks understanding, says expert By Scott Taylor Metro London October 21, 2013

An expert in police operations said the strategy London police employed of knocking on doors and asking students for personal information is overbearing and unethical.

John Sewell, a former mayor of Toronto and the current coordinator of the Toronto Police Accountability Coalition, described the initiative as wrong-headed.

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“It’s called not much understanding and not much common sense,” he said. “You don’t assume that every student is going to do something stupid.”

He mostly took issue with London Police Chief Brad Duncan’s contention that students were free to refuse the requests.

“What you have to remember is there’s a power imbalance when you’re dealing with the police,” Sewell said.

“So if they stop you in the street and say they want to frisk you, well, who can say no? You don’t know what the consequences will be.”

In an open letter issued Monday, Duncan acknowledged that there’s been much concern about how police deal with students since the story broke.

Because of that, he’ll be meeting with representatives from the Western University Students’ Council, Western University administration and Emerging Leaders.

He also said the police service will examine this year’s version of the contentious Project LEARN, the biannual crackdown on rowdy student behaviour in the city.

“Finally, I have commenced an internal review of 2013 Project LEARN in light of concerns raised over the approach to students occupying homes in specific neighbourhoods where continued community problems exist,” he wrote.

Sewell agreed with that approach in light of all the negative publicity.

“I think it’s perfectly fine that the chief is rethinking this. That’s good, it’s smart and I think he’s reacting appropriately.”

London Police Chief Brad Duncan announces internal review of Project Learn London Free Press staff Tuesday, October 22, 2013 10:15:24 EDT AM Amid mounting criticism police were too heavy-handed, London police Chief Brad Duncan on Monday promised an internal probe of the force’s controversial back- to-school crackdown on student rowdyism.

Some critics scoffed at the idea of the police running their own review, but others said it’s better than nothing.

27 "It's encouraging. It’s not as good as an independent review, but the fact they’re doing it all shows they’re taking it seriously,” said London lawyer and social- justice advocate Jeff Schlemmer.

“I think it makes sense to have a heightened police presence (in student neighbourhoods). . . but I think they’ve gone too far by canvassing door-to- door,” said Schlemmer, a former police-services board member.

“Clearly they are targeting young adults . . . They wouldn’t have tried it with me and my generation.”

Earlier, in a statement, Duncan said he’d reconsider the controversial information-gathering practice exposed by The Free Press.

Dozens of students told the newspaper police officers came to their doors last month, asking for and taking down personal information that included names, phone numbers, e-mail addresses and even parental addresses.

Many students simply turned over the information.

This, even though they weren’t being investigated and were under no legal obligation to do so.

Critics contend such information--gathering smacks of profiling.

Duncan has defended the practice, saying persistent problems in some student neighbourhoods — a booze-fueled riot in one near Fanshawe College in 2012 grabbed headlines around the world — justify such strategies.

Monday, Duncan said he’s begun an internal review of the fall edition of the crackdown, a seasonal campaign known as Project LEARN, “in light of concerns raised over the approach to students occupying homes in specific neighbourhoods where continued community problems exist.”

But even as his statement went out, radio airwaves and social media were burning up with the question of whether police had gone too far this time — whether they’d infringed on students’ civil rights. Lawyers, social justice critics and politicians also weighed in.

Rookie MPP Peggy Sattler, the NDP critic for public safety, phoned Duncan herself Monday to ask about the doorstep canvassing.

“I was surprised when I read the article,” said the London West MPP. “Clearly, this is a strategy that may be doing more harm than good. Students feel intimidated,” she said.

28 Community Safety Minister Madeleine Meilluer did not comment, and her staff said the ministry doesn’t get involved with police operations.

But Progressive Conservative critic Steve Clark urged police to look beyond their own force in the review.

“I hope it’s not just done internally,” said the Leeds and Grenville MPP. “I’d hope (Duncan would) get some feedback from the student associations and affected neighbourhoods . . . He should take some of their comments to heart.”

At least one student leader, familiar with campuses across Ontario, said the London crackdown appears unrivalled among other provincial cities.

Eyebrows were raised nationwide when police, as part of the get-tough approach, slapped the Western University cheerleading squad with a $140 ticket last month for a street performance they argued was causing a nuisance.

Sattler said she was pleased when Duncan told her he planned to “revisit” the canvassing.

Duncan insisted students weren’t obliged to give up their “particulars,” but many told The Free Press they felt they had no choice.

Duncan has said he plans to meet with students — a meeting is scheduled Tuesday — but he didn’t return Free Press e-mail or phone messages, asking him to clarify if they’d be included in the probe.

Former Toronto mayor John Sewell, a vocal policing critic, said Duncan was “smart” to reconsider the issue. “They have gone over the top on this.”

On Twitter, London lawyer and academic Susan Toth linked to her blog, calling for Duncan to resign for tactics “counterproductive to public safety.”

Others defended the chief, including Bob Smith of Rogers TV who tweeted: "I understand having a strong opinion about the #Ldnont police canvassing students, but calling for (Duncan) to resign is too much. . . . this is the same guy who helped create the Mobile Crisis Response Team to help those on the street with mental illness, he's been a strong, visible supporter of Shine the Light on Woman Abuse & the Walk a mile campaign, he has walked in the last 3 Pride parades . . . he's a decent man with an excellent record as a police officer."

- - -

This is the statement released by Chief Duncan Monday afternoon:

The complicated behavioural issues associated with off campus student residences continue to be of concern to the London community on many levels.

29 The issues have been present for a number of years and have resulted in polarizing views in terms of how the problems should best be addressed. The London Police Service has the direct responsibility to respond to neighbourhood complaints and address the commission of criminal and provincial offences. Increasingly it has become apparent that, although we have limited the potential for personal injury and property damage, large gatherings in student occupied residences remains an area of great concern.

As Chief, I recognize enforcement efforts are only one component of the necessary response to these neighbourhood challenges and that a wholesome focused community approach that engages all of the involved stakeholders is necessary. Throughout the past years we have participated in various conversations and initiatives with our post-secondary partners, student councils, neighbourhood associations and civic entities, to proactively promote positive student behavior. Since the composition of student populations changes annually, this requires continuous efforts.

In response to various concerns and perspectives associated to the police role associated with student behaviour, and recognizing that the police are only one portion of the response, I am meeting with a number of delegations. These meetings include representatives from the Western Students’ Council, Western University administration and Emerging Leaders. Further, I have reached out to Councillor Matt Brown, Chair of the Town and Gown Committee, to look for an opportunity to engage our community members, particularly in those neighbourhoods with large student rental properties.

Finally, I have commenced an internal review of 2013 Project LEARN in light of concerns raised over the approach to students occupying homes in specific neighbourhoods where continued community problems exist.

Ottawa police budget to cost average taxpayer $11 more in 2014

BY SHAAMINI YOGARETNAM, OTTAWA CITIZEN OCTOBER 23, 2013

OTTAWA — A “balancing act” of an Ottawa Police Service draft budget for next year has managed to shave off more than $3 million in costs and come in under the proposed City of Ottawa tax-rate increase.

But it doesn’t explicitly include costs for Tasers, even though the police chief would like to see front line officers equipped with them. There is $500,000 in additional funds allocated to equipment, and the force will decide whether that money will be best spent on Tasers after the province allowed police services

30 across Ontario to choose whether to equip officers with the use-of-force tool in August.

Chief Charles Bordeleau said the budget is vague on Taser purchases because Ottawa police are waiting for provincial guidelines and standards around the new Taser allowance to come out. Once those are received, the force will be able to prepare a report for the police board with recommendations on how Tasers could be used.

“I support the fact that our front line officers should be equipped with Tasers, but when we get the guidelines we’ll be better positioned to make a decision around that.”

Each Taser will cost about $2,000, but there are also the soft costs of training officers to consider, Bordeleau said.

“We’re hoping that the ministry can come up with some funding to help alleviate some of those costs but those are some of the decisions that we’re waiting for from the ministry,” he said.

The draft budget was tabled by both the Police Services Board and city council on Wednesday morning.

The net operating budget for next year, at $263.9 million, is just $7.6 million more than the budget approved for this year. But, with adjustments to the tune of $3.1 million, the average taxpayer will only pay $11 more in 2014 to make up the $4.5-million increase. The budget was drafted expecting a 1.99-per-cent tax increase. That’s less than the two-per-cent increase that Mayor Jim Watson previously told the police board to work under.

OPS had been in a fiscal crunch, expecting a tax rate increase of slightly more at 2.5 per cent to help with a three-per-cent arbitration award for rank-and-file officers’s salaries, in the midst of rising police costs across the province. The Ottawa police 2014 draft budget allots 83 per cent of its total expenditure to salaries and benefits and only 17 per cent for all non-compensation costs related to policing.

Technically, the force hasn’t grown in three years, but OPS expects that to change in 2015 when it will ask for 23 new officers.

In 2015, with the need for more officers, the police service has forecast a 2.5- per-cent budget increase, and it will require another $1 million of efficiencies each and every year. It won’t be easy, Bordeleau said, but the restrained budget in 2014 sets OPS up for it.

31 The Spectator's view: Police board wise to welcome transparency Oct 18, 2013 | Hamilton Spectator There is encouraging news about transparency and accountability at Hamilton’s police services board.

There is encouraging news about transparency and accountability at Hamilton's police services board. At a meeting this week, board members seemed kindly disposed toward the idea of releasing secret police records on 11 police shootings over the past decade.

The reports in question were filed by Hamilton police chiefs over the years, a requirement after any Special Investigations Unit probe into interactions between police and citizens that result in serious injury or death. They contain the results of the chief's internal investigation into the incident, actions and recommendations.

They should never have been confidential in the first place. It would have been preferable for the board to grant the release, as requested by journalist Bill Dunphy who was acting on behalf of The Spectator. But it's understandable that the board wanted to get a legal opinion on the matter, which new chair Councillor Bernie Morelli promises for the next board meeting. Fair enough, but further delays aren't justifiable.

These reports were discussed behind closed doors, but never made available to the public. Provincial law allows the board to decide to release them, or not, and various jurisdictions have different policies. But in this jurisdiction, concerning this police service, there is great potential value in releasing the records, and much potential harm in refusing to do so.

No doubt the pending legal opinion will expose or at least give rise to some concerns. It may warn about potential breeches of privacy of the officers involved. Again, fair enough. If that's the case, redact where it's appropriate, but release it when that is done.

Citizens, who foot the bill for policing after all, have a right to know what the respective chiefs found and reported on these incidents, seven of which involved citizens who were either emotionally disturbed or possibly mentally ill. They have a right to know what changes were made or not made to police procedures and protocols as a result.

This is not a witch hunt in any way. It is simply a matter of citizens and taxpayers having access to information that should have been public from the outset.

32 Release of these reports will be a concrete demonstration of the police board's commitment to greater transparency and accountability. Without knowing what they say it's impossible to predict public reaction, but it's more important to show police governance in Hamilton is open to public scrutiny.

Conversely, failure to release the reports will suggest they contain information the board and police management don't want in the public realm, and that will create more tension and doubt at a time when some already exists in the wake of the Steve Mesic tragedy. That's not what the police board or service needs right now.

Police and public health officials differ on supervised injection sites

By Jonathan Sher, The London Free Press Monday, October 21, 2013 8:24:08 EDT PM

Police and public health officials differ sharply on whether supervised sites for drug addicts to shoot up — a pitch for one in London may be coming — compromise public safety. Jonathan Sher summarizes the points and counterpoints by police, such as Ron Taverner of the Ontario Association of Chiefs of Police, and Dr. Christopher Mackie, the London region’s chief medical officer of health.

- - -

Police: Supervised injection sites causes crime to spike as addicts commit crimes to get money to buy heroin, then pay dealers who are part of organized crime syndicates

Health: There’s no spike in crime, because heroin addicts get high as often as they can regardless of if there’s a safe place to shoot up.

Police: There’s some evidence in Europe that crime goes up after a supervised injection site goes in.

Health: There’s no such evidence. And public safety improved in east Vancouver after a safe injection site (the only one in Canada) called Insite opened there.

Police: The evidence in Vancouver is scanty at best and police there had to ramp up patrols.

Health: The increase in patrols was the result of the (2010 Winter) Olympics, not the safe injection site, which helped some addicts break their addiction, reducing the demand for illegal drugs.

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Police: A committee of Parliament found that, at most, public safety wasn’t affected by the Vancouver site.

Health: Two previous Parliamentary committees found a benefit to public safety and the third had its membership stacked by a Conservative government that was determined to shut down Insite.

Police: The Harper government was concerned enough by public safety that it tried to shut down Insite.

Health: The government was trumped by the Supreme Court of Canada, which ordered that Insite be kept open.

THE BACKSTORY

It lurks behind every debate over whether to create a site where heroin addicts can shoot up in safety — will such a site cause crime to spike?.

Many police say its a red flag.

Many health officials say it’s a red herring.

What Londoners believe may have some bearing on whether their public health board green-lights gives a safe injection site.

On the side of those who see a risk to public safety are the Ontario Association of Chiefs of Police, which recently followed its federal counterpart in writing a paper that takes aim at the sites and those who’d spread them beyond their only North American location in Vancouver.

“We believe such facilities would lead to greater drug use, more organized crime, and a deterioration of community life in areas hosting such facilities,” wrote a police association committee led by Toronto police superintendent Ron Taverner.

Police also suggest the health benefits to addicts — fewer overdoses and less transmission of disease — has been over-stated.

Police concerns have been front and centre for the Harper government, which tried to shut down the Vancouver site until the Supreme Court intervened.

But public health officials say there’s no evidence the sites increase demand for illegal drugs and any claim tthey do makes little common sense.

Addicts don’t make rational decisions: They’ll seek drugs whenever they can, regardless of whether they have a safer place to use a needle, said Abe Oudshoorn, a registered nurse and Western University professor.

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“It’s not a rational decision. They will simply use as much and as often as they can,” Oudshoorn said.

On the side of public health officials are some weighty arbiters: the Supreme Court of Canada and studies published in leading medical journals such as The Lancet.

After the Vancouver site opened in 2003, researchers found far fewer addicts were shooting up in the street or discarding used needles.

They also observed fewer drug dealers — a claim disputed by police, who say academics aren’t in a position to know who’s dealing.

The London area’s chief medical officer of health, Dr. Christopher Mackie, says claims by police chiefs that crime will surge are devoid of evidence.

“It didn’t happen in Vancouver,” he said. “There’s no evidence at all. It’s a massive leap in logic.”

LONDON: WHAT’S NEXT

(1) The area’s chief medical officer of health, Dr. Christopher Mackie, will present options on reducing harm to injection drug users to the Middlesex-London health board early next year. The board will chose whether to back a supervised injection site and seek funding from the Ontario government. A similar overture, made in the summer by the Toronto health board, has not so far led to funding.

(2) The Harper government is expected to push legislation that would make it tougher for public health to win approval of a supervised injection site.

SUPERVISED INJECTION SITE 101

• Heroin and other addicts who shoot up get clean needles under the watch of nurses who can intervene if an overdose. • Addicts may be encouraged to seek treatment to quit. • More than 90 world-wide, mainly in Europe. • Only one in North America, in Vancouver, opened in 2003. Raises push up policing costs

Can’t meet region’s spending cap, NRP says Niagara This Week - St. Catharines ByPaul Forsyth Oct 18, 2013 Police raises are being blamed for pushing policing costs in Niagara higher than the limit set by Niagara’s regional council.

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As agencies, boards and commissions that receive funding from the Region presented their proposed 2014 budgets to regional politicians Thursday night, Niagara Regional Police chief Jeffrey McGuire and board chair Henry D’Angela said those raises make it impractical for the police force to meet the funding cap.

The Region, which has passed low tax increases or virtual tax freezes for a number of years in a row, told its own departments and the agencies and board it funds to stay within a 2.7 per cent spending increase for next year.

But McGuire and D’Angela, who is Thorold’s regional councillor, said the force was facing a 4.49 per cent cost increase from the outset because of higher salary costs.

And with virtually 100 per cent of police spending related to salary-related costs, that’s virtually on wiggle room, said D’Angela.

Earlier this year, a provincial arbitrator awarded police officers a 3.05 per cent pay raise, retroactive to January of 2012. That, plus a negotiated contract between the NRP board and the police association that will see officers get pay raises of 2.6 per cent, 2.5 per cent and 2.5 per cent over a three-year period, meant there was already an additional $5.66 million in costs added to the NRP’s 2013 operating budget of $126.1 million, figures presented Tuesday show.

Improved security at the Welland courthouse also nudged costs up.

By not filling a number of civilian positions that have become vacant, and by cutting costs such as $200,000 on vehicles, the police board wrestled down the NRP’s budget hike to 4.08 per cent.

But McGuire cautioned that there’s no guarantee the NRP will get $4.6 million in provincial money to pay for the force’s unit that polices the tourist area around the two provincial casinos in Niagara Falls.

Ever since the first of the two casinos opened in the 1990s, the NRP was directly funded by the province for increased policing costs associated with it, said McGuire. But this year the province changed the funding model, instead just paying the City of Niagara Falls money.

McGuire said Ontario Lottery and Gaming told the NRP to invoice the City of Niagara Falls. The NRP has done that twice — once in July and again in September — but so far the city hasn’t coughed up the money, said McGuire.

If the NRP can’t reach a deal with the city, it will have no choice but to come back to the Region and ask for the cash, said McGuire.

36 Niagara Falls Coun. Selina Volpatti called that “fear-mongering,” saying there’s no indication the city won’t eventually pay. “Let’s not over-state what’s happening,” she said.

St. Catharines Coun. Bruce Timms, a frequent critic of what he says are overly- generous pay increases awarded by provincial arbitrators to public sector workers such as police and firefighters, noted the recent arbitration award for the NRP officers came at a time when the Region was in the second year of a two-year pay freeze for its non-union staff.

“It reinforces how broken that (arbitration) system is,” he said.

The police budget, which must be approved by the Region, includes $670,000 to purchase hundreds more Tasers, designed to be a non-lethal alternative to officers using firearms. The province recently said it plans to allow more officers to be armed with the high-voltage devices.

McGuire had also proposed closing the Port Colborne police station as a cost saving measure, but the NRP board nixed that idea.

But D’Angela said his board looked at more than 80 programs for ways to chop costs while balancing that with the need to maintain effective and adequate policing as required under the province’s Police Services Act.

“This is a responsible budget,” he said.

The Region hopes to finalize its budget before year’s end.

Barrie Police chief cool on cruiser cam concept

Barrie Advance ByJanis Ramsay October 23, 2013 A judge made it clear last week video evidence played a strong role in the conviction and sentencing of Barrie Police Const. Jason Nevill.

Nevill was convicted of assault causing bodily harm after a November 2010 attack on a Barrie man was recorded on a Bayfield Mall security camera.

Meanwhile, video evidence will also be analyzed in the second-degree murder case of Toronto Police Const. James Forcillo, accused of killing Sammy Yatim on a TTC streetcar earlier this year.

37 In fact, video evidence has played a crucial role in investigating complaints against police officers since the savage beating of Rodney King by Los Angeles Police officers more than 20 years ago.

“I am for it because, the majority of times, it would assist an officer in (documenting) what really happened.” - Sgt. Chris Alton

Barrie responded to public demand for greater security and installed $175,000 worth of cameras downtown earlier this summer to monitor the streets.

Police Chief Kimberly Greenwood said they have been successful in deterring crime, and video was replayed for a few investigations.

But when asked about the success of Toronto Police program that saw cameras installed in police cruisers, Greenwood said it’s not a priority here.

explore and research – potentially we’d have a pilot project before we could commit to a full deployment of cameras in cruisers,” she said.

Cruiser cameras have been effective across Canada, in ensuring people are reporting concerns accurately and officers are conducting themselves in an “appropriate manner,” she acknowledged.

Sgt. Chris Alton, president of the Barrie Police Association, is in favour of cruiser cameras.

“I believe Barrie might have had them many years ago, but technology wasn’t as good as today and there were problems with the cold weather,” he said. “I am for it because, the majority of times, it would assist an officer in (documenting) what really happened.”

Despite the Nevill incident, the majority of Barrie Police officers’ dealings with the public are positive, he added.

Barrie resident Michael Ullman believes video evidence from his July 6, 2009 arrest may have changed the outcome of his case.

The 65-year-old alleged three Barrie Police officers assaulted him, but last April, Justice Michael Block acquitted the officers of any wrongdoing, casting doubt on Ullman’s testimony.

Ullman has since filed a $3.1-million civil suit against the Barrie Police Service, which is still before the courts.

He said installing cameras in cruisers could make it easier for people to prove allegations against police.

38 However, he knows recording everything is a double-edged sword.

“In Toronto, there’s a camera every 100 feet — it’s turning into an Orwellian society,” said Ullman.

Barrie Police Services Board chairperson Doug Jure agreed cruiser cameras could provide further evidence and may speed up investigations.

He said the board is aware other jurisdictions have cruiser cameras, but it’s never come up as a local request.

“Toronto is even considering putting mobile cameras on the officers themselves,” Jure said.

Each month, the board reviews a list of complaints lodged by residents against local officers. Allegations range from assault to derogatory comments and incivility.

One of the complaints, filed March 27, is from a man who said he was unlawfully arrested for videotaping officers. An investigation concluded the complaint was unsubstantiated, and a report was sent to the Office of the Independent Police Review Director.

“All of the complaints I see with respect to the conduct of officers involve someone who has been arrested,” Jure said. “I’ve come to the conclusion they don’t like to be arrested.”

Recording an officer’s public interactions would “test their skill and judgment in handling a particularly difficult situation,” he said.

“When an officer is in that situation, the Queen’s rules of etiquette aren’t always followed (by either party),” he added.

Meanwhile, Nevill will remain behind bars while he awaits an appeal on his assault conviction.

He was sentenced to a year in jail Thursday.

Justice Lorne Chester gave Nevill six months behind bars for assault causing bodily harm and six months concurrent for fabricating evidence and obstructing justice.

His lawyer, David Butt, appealed to the Ontario Court of Appeal on Friday, but Nevill was denied bail Tuesday. Butt is arguing trial judge Lorne Chester did not give enough weight to the testimony of a police use-of-force expert called by the defence.

39 QUEBEC October 24, 2013 6:29 pm Montreal police react to increase in racial profiling complaints By Anne Leclair GLOBAL NEWS Reporter

MONTREAL – “They were like, ‘You match the description of the shooter,’ and at that point, I was like, ‘You clearly got the wrong person.’”

When this 23-year-old Concordia University student was wrongfully intercepted by police in Montreal last March, all he wanted was an apology.

When police officers realized that they made a mistake they didn’t even apologize.

“I’m responsible for the racial profiling file.”

Fady Dagher, the assistant director of the Montreal police (SPVM) saw Global News‘ story – and was clearly disappointed.

“We expect our police officers to excuse themselves.”

Cases of racial profiling may be more prominent than ever in this province.

Complaints at the Quebec Human Rights Commission are at an all time high.

We have actually 150 active cases on police profiling,” noted Jacques Frémont, President of the Quebec Human Rights Commission.

The majority of those complaints involved Montreal police officers, but Fady Dagher disputed those numbers with recent results from SPVM satisfaction surveys.

“We still at 80, 85 per cent of the citizens are still happy with the way we serve them.”

The current police chief was the first to admit racial profiling was prevalent within the force.

Most of Montreal’s 4000 police officers went through extra training between 2007 and 2010.

40 But a damning report in 2011 showed racial profiling was still alive and widespread at the SPVM.

Despite 90 recommendations, a follow up report in 2012 showed little had been done by police.

“When we talk about change of culture, it takes years, and it’s a deep change inside the organization.”

Dagher admitted cases of racial or political profiling occur, and the very public actions of the police officer known as Badge 728 did nothing to help the SPVM’s reputation.

“Thank God, we don’t have many events, but one is too many.”

The biggest challenge now is restoring people’s trust in the police force.

“One of the most important things for the police department is to keep the trust,” said Dagher.

“The legitimacy of working in the society come from that trust and if we lose the trust is where we have conflict with the citizen.”

Montreal police have started a series of new efforts, like an informal training with officers.

Dr. Dorothy Williams works with CEGEP students in police technology to help break barriers.

“Really, one of the things you want to do with breaking that pattern of racial profiling is having a dialogue breaking those biases,” she said.

“Helping people to understand that you have them, what can you do when you put on that blue suit to ensure that those aren’t in play.”

But some are convinced that the solution lies in changing hiring practices at the SPVM.

All sides agree that the change won’t happen overnight.

41 NEW BRUNSWICK Answers needed about RCMP response to Rexton protest, group says

New Brunswick's Green Party is calling for a public inquiry into Thursday's clash between police and shale gas protesters. The Canadian Press Published Tuesday, October 22, 2013 1:38PM EDT Last Updated Tuesday, October 22, 2013 5:39PM EDT

MONCTON, N.B. -- A group opposed to shale gas development in New Brunswick is raising questions about the RCMP's enforcement of an injunction against protesters last week in the province that turned violent.

Jim Emberger, of the New Brunswick Anti-Shale Gas Alliance, says the Mounties should be asked about their use of force Thursday near Rexton. "There remain many questions about the authorization, timing, necessity and execution of this action and the shocking escalation in the use of force," he said Tuesday at a news conference in Moncton, N.B.

Police officers advance on a protester at the site of a shale gas protest in Rexton, N.B., Thursday, Oct. 17, 2013. (Ossie Michelin / Twitter) Emberger said there had been many peaceful anti-shale demonstrations in the province over the last two years and questions must be answered to determine why Rexton was different.

"Leaving them unanswered will set a precedent that will guarantee a recurrence of Rexton in the future," he said.

Forty people were arrested and weapons including guns and improvised explosive devices were seized when the Mounties enforced the court-ordered injunction to end the blockade of a SWN Resources storage compound for exploration equipment and vehicles.

Six police vehicles including an unmarked van were burned. The RCMP said they had Molotov cocktails tossed at them, and in response they fired non-lethal beanbag-type bullets and used pepper spray to defuse the situation.

Assistant commissioner Roger Brown, the RCMP's commanding officer in the province, has defended the police response, saying officers acted because they grew concerned that public safety was at risk.

42 The RCMP blocked Route 134 three weeks ago after protesters began spilling onto the road. Protesters then cut down trees and placed them across another part of the road, blocking the entrance to SWN's equipment compound. The company has said it's only in the early stages of exploration in New Brunswick.

Emberger also points blame at the provincial government, saying an honest and open discussion with the public about shale gas could have prevented the clash in Rexton from happening.

Premier David Alward's office has said he is expected to meet with members of the Elsipogtog First Nation, some of whom were arrested when the injunction was enforced, some time this week.

Emberger said the alliance -- which represents community groups opposed to shale gas exploration -- will track the position of candidates on the shale gas issue in next year's provincial election.

NOVA SCOTIA Police watchdog probes after motorcyclist hurt October 15, 2013 - 3:58pm THE CHRONICLE HERALD The province’s Serious Incident Response Team is investigating a motorcycle crash in Glace Bay Sunday that left the 23-year-old Gardiner Mines man with serious injuries.

At about 4 p.m., an officer with the joint RCMP-Cape Breton Regional Police Service traffic services unit, driving an RCMP vehicle, activated his lights and siren to stop a motorcyclist who allegedly committed a traffic violation near the intersection of Reserve Street and MacAdam Street.

A short time later, the driver of the motorcycle collided with a car.

He was first taken to Cape Breton Regional Hospital for treatment of serious injuries and then transferred to hospital in Halifax.

No one else was hurt.

As a result of the man’s serious injuries, Cape Breton Regional Police contacted the response team Sunday afternoon to look into the pursuit and subsequent crash.

43 Anyone who may have witnessed the collision is asked to contact the team at 1- 855-450-2010.

The Police Act requires Ron MacDonald, the team’s director, to file a public report summarizing the result of the investigation within 90 days after it is finished.

PRINCE EDWARD ISLAND Anti-bullying bylaw mulled by Summerside CBC News Posted: Oct 22, 2013 8:45 PM AT Last Updated: Oct 22, 2013 8:45 PM AT

City councillors in Summerside, P.E.I. are looking at enacting an anti-bullying bylaw in the new year.

On Monday, council voted unanimously to move ahead with a plan the city hopes will curb bullying at school and online.

Coun. Tina Mundy said law enforcement needs extra tools to deal with the problem.

"I'm getting phone calls constantly, from teachers, from parents, from children themselves. If there's something that we can do at a municipal level, to help protect our citizens, then I think we as councillors we need to step up to the plate and do something,” she said.

The council now has to develop a draft bylaw. It's the first step in what Mundy expects will be a four month process.

“It outlines and describes the behaviour. It lets the community know that it's unacceptable behaviour, and what the consequences will be of that behaviour,” she said.

About a dozen or so municipalities have put anti-bullying bylaws in place. In Regina, police can issue fines of anywhere between $100 up to $2,000.

But bringing in a bylaw has its challenges as well.

Earlier this year, the Vancouver suburb of Port Coquitlam dropped its plans to bring in a similar bylaw after the RCMP informed council the bylaw would violate the Criminal Code.

In Summerside, Mundy said the city needs to define what bullying is, and how to enforce any violations.

44

Councillors are meeting with cyberbullying expert Parry Aftab to iron out the details. Mundy said the city will also consult with Summerside Police.

The goal is to pass a bylaw by Feb. 27, the one-year anniversary of the city's Anti-Bullying Day.

Summerside police involved in the community on and off the job Mike CarsonPublished on October 22, 2013 The Journal Pioneer SUMMERSIDE – City police continue upgrading skill levels and their involvement with volunteer service within the community.

“We had several training session in the month of September,” said Councillor Tina Mundy, chairwoman of the city’s police services committee. “We had members attend three-day emergency response training in Charlottetown and a forensic interviewing course in Ottawa as well as some crisis negotiations training at Summerside Police Services.”

Mundy said officers are among the many volunteers who serve the community on their own time.

“Under volunteer work, our chief (Police Chief David Poirier) is always lending a hand to the community, September being no different,” she said. “He volunteered several times at Credit Union Place for the Western Capitals hockey games and also assisted at the St. Eleanors Lions Club for their annual turkey supper.”

“We have a member who sits on the executive of the Greenfield Home and School Association,” Mundy said. “We had several of our members attend a provincial peace officers memorial service in O’Leary. The chief and I helped out on a rainy day at the Granville Street Tim Horton’s for the Journal Pioneer Raise- A-Reader fundraiser. We were very honoured that Chief Poirier also dropped the puck at the Western Capitals hockey game to honour the fallen police officers.”

She said during September members of the department held meetings with the Women’s Network of P.E.I. as part of a youth project advisory committee.

“The purpose of this meeting was for the WNPEI to share their ideas on how they plan to move forward with their youth work and to solicit some feedback, suggestions and recommendations from the people that work with youth in the community,” Mundy said. “Members of the advisory board included police officers, youth workers, probation officer, addiction workers and several other people that are involved with youth justice.”

45

Police officers also volunteered in the local Community School program at Summerside Intermediate School once a week teaching self-defence.

“It’s a great example of community policing,” Mundy said. “It’s a great opportunity for our officers to interact with our residents within our community and to show the human side of our police officers.”

Mundy recognized Det. Sgt. Joe Peters on receiving the P.E.I. Crime Stoppers Municipal Police Officer of the Year Award.

Summerside police responded to 600 calls during the month of September.

Following are the statistics for the Summerside Police Services for the month:

Traffic offences – 85

Provincial Statutes – 131

Firearms – 2

Criminal Code – 27

Drug enforcement – 11

Crimes against persons – 27

Crimes against property theft under $5,000 – 46

Crimes against property theft over $5,000 – 2

Crimes against property, possession of stolen goods, mischief, fraud, break and enter – 44

Common police activities – 225

NEWFOUNDLAND

Right to know vs public safety Published on October 23, 2013 The Telegram Stephen Redgrave

46 This week the CBC came under fire from the RNC for releasing details of a 2011 report on the exploitation, and sex trade in Newfoundland and Labrador. As I watched the evening news unfold, it seemed as if they (the CBC) were going to be dropping a bombshell of unbelievable facts that could change our lives forever.

Ultimately the CBC didn't report much, other than the fact that they had the report in thier hands--and the RNC would rather they didn't "since it was a matter of public safety". This left everyone , including myself , wondering what could be in that report that could possibly be worse than anything the public doesn't already know, or heard about in the past?

It almost seemed as if the RNC and government was attempting to keep us in a state of bliss where the topic of sexual abuse and exploitation was a concern-- when in reality, this could not be further from the truth.

Our police and government go to great lengths to keep the public fully informed in all areas of public safety--in a way that will not incite panic, or over reaction by the masses. At the same time the police do not want to push deviant behaviour farther behind closed doors, out of their reach for investigation, and prosecution of guilty parties--which is exactly what could happen if the wrong information is made public before the conclusion of an investigation funded by public dollars, and dedicated law enforcers.

It is true--the depth, and volume of sexual crimes in what we assume is a civilized society, probably goes well beyond what the average citizen is aware of. We have to be rational when it comes to advise being given by the police even when it seems to make no sense. The police are probably more afraid than the public, given that they know what could happen if they let the perpetrators of serious crimes go unpunished. They have seen first hand, the results of societies most despicable criminals--something the media, and public rarely get to see, and for a lot of people , it's a topic they'd rather not hear about altogether--like when the "check engine" light comes on in your car...cover it with a band aid.

I firmly believe that abuse towards women and children simply does not get the attention it deserves--hiding a problem, big or small, only makes the situation worse. However; when the police say they don't want information made public, you can bet it came from well thought out reasoning...the safety of your family.

Prosecuting sex crimes is probably the hardest challenge any police investigator will face in their lifetime. Anything we can do to help increase their success rate, makes us all part of a team shooting for the same goal. The safety of my wife and daughters is worth more than a "good read" when I get home from work.

NATIONAL

47 Justice Minister wants no parole for ‘absolute worst’ offenders KIM MACKRAEL OTTAWA — The Globe and Mail Published Friday, Oct. 18 2013, 3:37 PM EDT Canada’s Justice Minister says he wants to introduce new legislation to ensure “the absolute worst” offenders are never released, a change that critics warn could lead to increased violence in prisons.

Peter MacKay said the change would be aimed at improving public safety and supporting the victims of violent crime. He made the remarks after the government announced in its Throne Speech this week that it plans to change the laws on life sentences, suggesting for the first time that it would eliminate the possibility of parole for some offenders.

Under current laws, offenders who are sentenced to life in prison for first-degree murder are ineligible to apply for parole until they have served at least 25 years. Asked on Friday if the government plans to eliminate the possibility of parole entirely in some cases, Mr. MacKay said he envisions legislation that would “see a situation where an individual would never be let out of prison, so that they would serve their natural life behind bars.”

Judges already are permitted to extend an offender’s parole ineligibility period beyond 25 years for those convicted of multiple murders. But removing even a remote possibility of parole in some cases would be a significant change that legal experts say could be vulnerable to legal challenges.

An online publication titled “A Crime Victim’s Guide to the Criminal Justice System” that is available on the website for the federal Department of Justice explains the rationale behind offering offenders a small chance of parole in Canada. “When Parliament abolished capital punishment and introduced mandatory life sentences for murder, it was felt that if rehabilitation was to be successful, persons sentenced to life imprisonment needed some hope of being released during their lifetime,” says the guide, which was first published in 2008.

In recent years, the Conservative government has repealed a provision known as the “faint-hope clause” that allowed those convicted of murder a small chance at parole after serving 15 years. The government also passed a law allowing judges to impose consecutive parole ineligibility periods on offenders who are convicted of more than one murder, and abolished the early parole act, which had allowed non-violent offenders to apply for day parole after serving one-sixth of their sentence.

Mr. MacKay said those changes were important to protect public safety and prevent families of victims from being reminded of their loss during an offender’s

48 parole hearing. “The primary responsibility of any government, first and foremost, is to protect the public,” he said.

The proposed change would apply only to “the absolute worst, violent, multiple offenders,” Mr. MacKay said. But some critics worry that eliminating any hope of parole for some offenders could lead to increased violence in federal prisons and against correctional officers by eliminating the most important incentive for good behaviour.

“Although the possibility of successfully applying for parole is remote, it’s still a hope. And when you remove a hope... they care less about what happens to them, what happens to their fellow inmates, [and] the risk of violence increases,” said Eric Gottardi of the Canadian Bar Association.

'Sovereign citizen' attacks a growing concern, police told Jim Bronskill, The Canadian Press Published Thursday, October 24, 2013 7:00AM EDT OTTAWA -- Training for frontline officers and better information sharing between police and government agencies can help protect law enforcement officials from potentially aggressive "sovereign citizens," says a newly declassified briefing to Canadian police chiefs.

The presentation, prepared for a meeting of the Canadian Association of Chiefs of Police, calls the libertarian-inspired philosophy "a growing concern" that poses a "threat to officer and public safety."

Enforcement agencies are becoming increasingly wary of sovereign citizens, members of the Freeman-on-the-Land movement and other like-minded people who resist police and government authority.

Adherents say they shun violence and merely want to live free of government- imposed shackles. However, police say those who espouse the ideology have been involved in numerous violent encounters with law-enforcement and government employees in the United States and, to a lesser extent, in Canada.

Freemen commonly claim they do not require a driver's licence, insurance or vehicle registration, police say. Advocates also frequently assert a right to have weapons for self-protection and produce or possess illegal drugs, as well as demand that the Bank of Canada allow them to withdraw funds even though no account exists.

Other actions flagged by police include squatting in unoccupied homes or open areas, creation of self-styled personal identification papers, filing of lawsuits

49 against officials, and issuance of a "bill for services rendered" after an interaction with a police officer.

"These bills indicate that if they are not paid a lien will be placed on the 'offender's' (officer's) property," the presentation says.

The briefing was assembled for the 2012 annual conference of the chiefs of police in Sydney, N.S., by assistant RCMP commissioner Gilles Michaud, deputy Ontario provincial police commissioner Scott Tod and a senior lawyer with the Mounties.

The presentation called for increased communication between law enforcement and government agencies such as the Criminal Intelligence Service Canada, the federal Correctional Service, the Canada Revenue Agency, the Canada Border Services Agency, National Defence and provincial police.

It also recommended training frontline members and judicial officials on the burgeoning movement, whose Canadian devotees may number in the tens of thousands.

A copy of the presentation was obtained by The Canadian Press under the Access to Information Act along with a pamphlet prepared by the chiefs of police that helps explain the Freeman-on-the-Land ideology.

"This movement is based on a decentralized, libertarian ideology, which is often motivated by personal gain, self-gratification or justification of illegal behaviour," says the pamphlet.

The phenomenon has already attracted the attention of the Canadian Security Intelligence Service, which noted last year that law-enforcement agencies had seen "an increase in the number of incidents related to (Freeman) anti- government ideology in Canada."

Other Canadian branches flagged by police in the briefing include the Moorish Divine and National Movement and the Kinakwii Sovereign Nation.

An Alberta landlord recently became entangled with an apparent Freeman-on- the-Land advocate who changed the locks to a rental property, placed a lien on it and claimed the premises as his "embassy."

In Nova Scotia last year, a Court of Appeal judge denied bail to self-proclaimed Freeman contesting his conviction for firearms offences and uttering a threat to kill police officers.

The judge said public respect for the administration of justice would be "seriously eroded" should he order the release of someone "who still proclaims his

50 Freeman-on-the-land beliefs that the laws of Canada simply do not apply to govern his conduct."

INTERNATIONAL NEWS

Plans for new Essex police complaints watchdog

8:40am Wednesday 23rd October 2013 Daily Gazette

POLICE officers facing complaints about their work and professionalism could find themselves facing a new local watchdog.

Nick Alston, the Tory police and crime commissioner for Essex, has set up an ethics and integrity committee.

Although the committee will not get involved in serious complaints about misconduct – which will still be investigated, and in some cases prosecuted, by the national police watchdog, the Independent Police Complaints Commission – it will deal with less serious cases locally and help decide what disciplinary action, if any, should be taken.

The committee will be made up of members of the Police Complaints Commission’s office team as well as independent members of the public.

Essex Police’s professional standards department will still carry out investigations into allegations of misconduct.

Mr Alston said: “It only takes very few cases where police conduct is poor to seriously damage public confidence in policing.

That’s why I place great importance on this matter.

“It’s clear to me and my team that we need to develop a fresh approach to supporting the highest police standards in Essex – one that has the needs of the public and victims at its heart, and that is open and transparent to all.”

Currently, the Police Complaints Commission receives a quarterly report from the Chief Constable summarising complaints the force has received and the action taken by senior officers to deal with them.

51 Mr Alston added: “Looking to the future, I am confident the creation of the ethics and integrity committee will strengthen oversight of the police misconduct and discipline process and help inform the judgement of those responsible for deciding the appropriate sanctions for those found guilty of misconduct.

“By ensuring I and my team are fully involved in the oversight of police conduct and integrity issues, and by driving forward standards in partnership with the public and Essex Police, I believe we can avoid some of the problems that have been seen elsewhere in the country and continue to deliver excellent standards of policing across Essex.”

Boston City Council candidates divided on police pay By Meghan E. Irons | BOSTON GLOBE OCTOBER 23, 2013

The contentious issue over whether Boston police should receive a hefty raise, which flared up in Boston’s mayoral race, has opened a deep divide in the campaign for City Council.

Two weeks before voters decide which four of the eight citywide choices to pick, the candidates are drawing hard lines on where they stand on an arbitrator’s recent ruling that patrol officers deserve a 25.4 percent pay hike over six years.

The City Council must approve the recommendation for the labor contract to take effect.

Three of the candidates said they strongly favor the pay hike, according to a Globe questionnaire and their responses at two Boston.com debates. Three others oppose the award, and the two incumbents want more information.

“We need, as a city, to stop chasing our tail and move on issues that are important to the city of Boston,’’ said Annissa Essaibi-George, an East Boston High School teacher and small business owner who supports the contract. “We spent how many years on that contract? It goes to a neutral arbiter. It comes out. We need to support it.”

Councilor at Large Ayanna Pressley, who said she is leaning toward opposing the contract, called the process flawed, saying it pits public employees against one another and leaves lower-paid city workers vulnerable to pay cuts and staff reductions.

“The system is broken,” Pressley said in a debate streamed live Tuesday on Boston.com. “There’s a two-tiered system that is being created here. There are

52 some 30 unions, our public employees, who don’t even have a right to arbitration. . . . I’m very concerned about the wealth inequities that we continue to perpetuate.”

The arbitrator’s ruling, announced in September, would cost taxpayers an estimated $80 million. It includes a pay hike, longevity benefits, and bonuses for officers with college degrees.

Pressure is mounting on the current 13-member City Council to hold a yes or no vote on the contract before the Nov. 5 election. Council President Stephen J. Murphy, who is running for reelection, lashed out at those pressing to quickly resolve the matter.

“I haven’t taken a position on it yet,’’ Murphy said. “We are doing our due diligence now. What I do oppose is having it dumped in our laps.”

He criticized officials in the mayor’s office for leaking the arbitration award to the news media, catching councilors off guard.

He said he quickly convened a hearing with the arbitrator in October, but the meeting was continued because the councilors could not get answers to more than a dozen questions about the award, Murphy said. He said he will demand more answers when the hearing reconvenes Wednesday in City Hall.

While the council debates the issue, the candidates seeking office are speaking out on the proposed contract. All of the candidates agree that police officers work hard, risk their lives, and deserve a raise. But they are split on how much the raise should be.

Essaibi-George joins Martin Keogh, a West Roxbury lawyer, and Jack Kelly, a former neighborhood coordinator, in support of the compensation package, saying the city should comply with the arbitrator’s contract for the Boston Police Patrolmen’s Association.

“If I were on the council I would vote for it,’’ Kelly said.

“Speaking as an attorney, a deal is a deal,’’ Keogh said. “The BPPA and the mayor’s office sat down and tried to work something out. They decided to go with an arbitrator, and this is what the arbitrator awarded them.”

But Michelle Wu, who worked on the 2012 campaign of Elizabeth Warren; Jeffrey Michael Ross, an immigration lawyer; and Michael Flaherty, who previously served on the council, said they would not support the contract in its present form.

53 “Every contract is a huge chunk of the city budget,’’ Wu said at a debate Monday with four council candidates. “These officers are owed a raise after months and years without a contract. However, it’s a serious decision.”

Ross said in the Globe questionnaire: “Officers deserve a raise, but not at this level.’’

Flaherty said the contract has multiple flaws, including the fact that it does not contain language for mandatory random drug and alcohol testing similar to what was demanded in the firefighters’ contract.

“The contract is also back-loaded, which is unfair to officers and ready- retirement officers alike,’’ Flaherty said.

“My hope is the parties will go back to the negotiation table to secure mandatory random testing and mutually agreeable contract language on salary, benefit, and retroactive pay that is evenly distributed and fair to all officers,” he said.

Arbitration award was legal and binding, police union says Posted October 21, 2013 - 3:35pm Updated October 21, 2013 - 5:58pm

By BEN BOTKIN LAS VEGAS REVIEW-JOURNAL Attorneys for the police union representing Las Vegas officers are disputing a Clark County attorney’s finding that an arbitration that gave the workforce a $6.9 million award strayed from state law throughout the process.

The union’s opinion is written by Kathy Collins and David Roger, both attorneys for the Las Vegas Police Protective Association, which represents officers. The union released a copy on Monday to city and county officials in an effort to put to rest questions about the arbitration process.

“Not only is the award in this case legal, the only slight deviation from statute was the fact that the very final offers communicated to the arbitrator were oral and not in writing,” the opinion states.

The opinion argues that minor deviations could be found in any scrutinized arbitration and that doesn’t change the legality of the outcome.

“However there is nothing in the statute that calls for the setting aside of an award if there is deviation from the letter of the statute,” the opinion states. “This award is legal and is final and binding.”

54 In contrast, County attorney Mary-Anne Miller’s legal review found problems throughout the arbitration process that deviated from Nevada law, ranging from how the arbitrator was picked to the lack of required documentation. Miller completed the review at the request of County Commission Chairman Steve Sisolak, who initially raised questions about the legality and transparency of the arbitration process.

The Police Department’s Fiscal Affairs Committee expects to discuss the arbitration process at its meeting on Monday.

“We thought it was important that all the commissioners and council people have all sides of the story,” said Chris Collins, executive director of the Las Vegas PPA.

After the three-day arbitration hearing in September, arbitrator Robert Perkovich of Chicago gave an award of two consecutive 0.75 percent cost-of-living increases, one retroactive to July and another starting in January. The award for a one-year contract also increased the department’s contribution to employee health insurance plans by 13.46 percent.

Among the conclusions of the union’s opinion:

_ Arbitrator Robert Perkovich, from Chicago, was properly picked. The union’s attorneys say the choice met the law’s guidelines because both parties mutually agreed on it.

_ The arbitrator was picked after both sides rejected a panel of seven candidates instead of striking names off the list until one remains. The department’s Chicago-area attorney, Robert Smith, recommended Perkovich.

_ The two sides didn’t violate the law by opting not to have court reporting of the final arguments, according to the attorneys. They contend the law’s requirement for a “full and complete record” of hearings was met, noting the law doesn’t require final arguments.

“To say that the award is illegal because it lacks a record of final arguments, the ‘statutorily required paper trail’ as Ms. Miller refers to it, is absurd,” they wrote.

_ The union’s attorneys do admit that one deviation occurred. They say the parties exchanged “amended final offers.” Those offers were “orally communicated to the arbitrator,” according to the opinion, calling it the “only area in which the parties admit that they did deviate from the statute.”

Miller found that the law requires last, best offers to be in writing, not exchanged verbally.

_ The opinion also shows that the attorneys believe the arbitrator succeeded in a follow-up effort to provide information required by Nevada law. That

55 supplemental award came after questions from Sisolak as to why it didn’t include the outcome’s dollar amount or reasoning for giving the award, both legally required. “… The parties reached out to the arbitrator to ask him to address these deficiencies,” the opinion states. “He has done so.”

Miller’s review didn’t suggest that the award be overturned or recommend a specific remedy for the deficiencies. Miller declined to comment on the union’s opinion.

Sisolak has pointed to “red flags,” saying that at the worst, the police union and the Police Department intended to reach that outcome all along. Or, at best, he has said, it suggests the Police Department didn’t put its best foot forward in negotiating a contract.

The scrutiny comes as Clark County Sheriff Doug Gillespie is trying to sell county commissioners on a sales tax increase to pay for more cops at his agency and other departments countywide. Following Sisolak’s comments, Gillespie called a press conference and strongly pushed back against any assertions of impropriety and said all the rules were followed.

Sisolak said he still agrees with Miller’s opinion, calling it legally sound.

“I totally disagree with it,” he said of the union’s opinion. “I stand by Mary Miller. It’s clear that, in my opinion, she’s come to the right conclusion.”

He added: “I’ve got a lot of confidence in her. I think she’s represented the county well.”

Gillespie declined to comment last week on the county’s legal review of the arbitration, saying he wants to discuss the matter first with the Fiscal Affairs Committee. His department also has declined to answer other questions about the arbitration process. He was unavailable Monday for further comment.

A history of police in North America By Metro Creative Services Saturday, October 19, 2013 11:00:10 CDT AM

The first call many people make during an emergency is to their local police department. Police officers and other law enforcement personnel are instrumental in keeping citizens safe and protecting personal property, acting as keepers of the law and making sure laws are obeyed.

Despite the services they provide and the risks they take every day, law enforcement officers are often taken for granted. Until an officer loses his or her

56 life while on the job, little fanfare is given to the difficult role our police officers play every day.

Responsibilities of officers and other law enforcement workers vary depending on their rank and location, but most would agree they play a vital role at all levels — from local to national governments. Here are some notable law enforcement organizations in North America.

RCMP

The Canadian police force is broken down into three levels: Municipal, provincial and federal.

All but three provinces hand over their provincial law enforcement responsibilities to the RCMP. Commonly referred to as “The Mounties,” the RCMP are both a federal and national police force and have an unusually large scope of duties.

The officers may handle enforcing federal laws such as counterfeiting, drug trafficking and organized crime, while also handling forensic identification, emergency responses and other traditional police duties at the provincial level.

U.S. Park Police

Believe it or not, the Park Police is the oldest uniformed federal law enforcement agency in the United States.

Created in 1791 by George Washington, the Park Police is a separate, specialized unit of the National Park Service. The main areas of patrol for the United States Park Police include Washington, D.C., the Gateway National Recreation Areas in New York City, and the Golden Gate National Recreation Area in San Francisco.

Boston Police Department

The first local, modern police department established in the United States was the Boston Police Department, which was founded in 1838.

It is the second oldest municipal police force in the country behind only the Philadelphia Police Department. Before the establishment of a formal police department in Boston, residents of the city engaged in a night watch.

Watchmen carried a badge, rattle and a pole that was painted blue-and-white. The pole had a hook on one end to make it easier to apprehend fleeing criminals. Today, the Boston Police is one of the largest police departments in the country.

New York City Police Department

57 Individuals looking to join the largest municipal police force in the United States need look no further than the NYPD. According to the NYPD administration, there are currently around 34,500 uniformed officers in the force. Established in 1845, the primary responsibilities of the NYPD involve law enforcement within the five boroughs of New York City.

United States Mint Police

The Mint Police are responsible for ensuring the protection of government valuables. Established in 1792, it is one of the oldest law enforcement agencies in the country and has the responsibility for protecting the United States Mint and the United States Treasury. The Mint Police are stationed all over the country, from California to Colorado to Pennsylvania.

Law enforcement officers provide a unique and valuable service to communities big and small. Whatever their specific role, the men and women who wear the uniform are vital to the safety of the country.

Two more members of police oversight committee acknowledge 'legitimate questions'

October 20, 2013 - 12:56am Updated October 20, 2013 - 3:57pm

By BEN BOTKIN LAS VEGAS REVIEW-JOURNAL Pointed questions about the legality and transparency of the Metropolitan Police Department’s arbitration process have drawn the attention of more members on the department’s oversight committee.

The first to ask tough questions was Clark County Commission Chairman Steve Sisolak, a member of the department’s Fiscal Affairs Committee, which has representation from city and county officials.

The outcome of the binding award, which will cost the department $6.9 million more in pay and benefits for police officers, might not change, despite straying from Nevada law. But work could begin to keep arbitrations from unfolding illegally in the future.

The Fiscal Affairs Committee oversees the budget and finances of the Police Department.

Two sides negotiating public employee contract renewals turn to binding arbitration when they can’t settle the matter.

58

Two other members of the five-member committee agree that the arbitration process needs a look. County Commissioner Larry Brown and Las Vegas Councilman Ricki Barlow said the group needs to examine its arbitration process, with an eye toward keeping it within the parameters of the law.

“I think there’s some legitimate questions that have been raised as far as the process, and, over the next week or so, I’m sure those questions will be answered,” Brown said.

Much is at stake. Called into question is the legality of an arbitration that gave Las Vegas police officers a $6.9 million award in cost-of-living pay raises and higher employer contributions to health insurance plans.

The award gave two separate 0.75 percent cost-of-living increases, one retro-active to July and the other starting in January. Employer contributions to health insurance plans increased by 13.46 percent under the award.

Sisolak has suggested that the outcome possibly was what both parties wanted all along, with the arbitration providing Clark County Sheriff Doug Gillespie cover from giving raises as he sought a sales tax increase from county commissioners for hiring officers.

At the least, Sisolak has suggested, the Police Department didn’t put the strongest effort forward.

Gillespie has strongly pushed back against any suggestion that the award was a done deal before arbitration began.

Like Brown, Barlow doesn’t believe the arbitration award was improperly arranged. However, he agreed with Sisolak’s assessment that the state law wasn’t followed.

“The commissioner is spot on,” Barlow said. “I don’t believe that the arbitrator carried out the statute to the rules.”

Last week, the county’s legal counsel, Mary-Anne Miller, authored a review that found deviations from Nevada law throughout the arbitration process. It addressed several issues, from how the sides agreed on an arbitrator, to a glaring lack of required documentation, such as written last, best offers between both parties.

Before the review came out, Gillespie strongly defended his department and the arbitration process at a news conference, declaring that the rules were followed.

59 After the Review-Journal emailed him a copy of the county attorney’s review and requested comment, Gillespie declined to comment until he talks it over with the Fiscal Affairs Committee.

Gillespie also referred a reporter to his public information office. Department spokesman Bill Cassell said it would be inappropriate to comment before the next Fiscal Affairs meeting.

That is scheduled for Oct. 28.

Sisolak points to ‘RED FLAGS’

For his part, Sisolak stresses that the rules and law must be followed with an eye toward transparency.

To make his case about the arbitration not being up to snuff, he has pointed to “red flags” throughout the process involving the Police Department and the Las Vegas Police Protective Association, which represents police officers.

They include:

■ Robert Smith, the department’s Chicago-area attorney, recommended an arbitrator, Robert Perkovich, also from Chicago, after both sides rejected a panel of seven candidates without narrowing the list down. Under state law, each side strikes down a name until one remains. That didn’t happen.

■ The last, best offers from both sides weren’t made in writing, which is contrary to state law. Instead, the final offers were verbal.

■ The arbitrator’s award failed to provide details required under state law, including whose offer was picked and making the case that the Police Department can afford to pay the award. A follow-up effort by the arbitrator also failed to meet the law’s requirements, according to the county attorney’s review.

■ The Police Department and union opted against having a transcript prepared of the three-day hearing. They also waived the court reporting of final arguments in support of their last, best offers, a violation of state law.

■ Sisolak also questions the wording of an email Smith sent to the Police Department with the initial Sept. 23 award.

“Attached is the award from Arbitrator Perkovich, which we just received in today’s mail,” Smith wrote in the email, obtained by the Review-Journal. “It is as we expected.”

The last sentence caught Sisolak’s eye. Given that the attorney expected the decision, he said, it suggests the department made a poor effort to position the

60 department for a win. At worst, it shows the parties intended the decision all along, Sisolak said.

Smith didn’t respond to a request for comment.

Sisolak said the dollar amount of the award isn’t the issue; it’s the process.

He also said the police union has the right to put its best foot forward in arbitration.

“I just want people to acknowledge there was some breakdown in what happened and we’re going to be putting these safeguards in place,” Sisolak said.

Aside from the upcoming meeting, Sisolak is waiting for a transcript to be made of the three-day arbitration hearing.

Brown, noting that there were several months of labor negotiations, said: “If there were errors made, I don’t believe it was with intent.”

But he anticipates a discussion about potential improvements for the future.

“One of the things that is going to come out of this whole arbitration discussion is: Do we need to do things differently?” Brown said. “I think it benefits everyone in the long run.”

MEETING LAW LOOPHOLE

The discussion also is complicated by another factor: The committee doesn’t tape its closed-door meetings.

That means there is no precise record that Sisolak and Gillespie can turn to for resolving their differences and comparing alternate versions of the parameters.

The two disagreed on the boundaries given to the sheriff for health insurance offers.

The last, best offer from the Police Department, which increased the employer contribution by 13.46 percent, is more than Sisolak believes the committee authorized.

The contribution increased from $8,572.73 per employee to $9,726.62 annually.

If the closed meetings had been recorded, officials would have a record to check.

“I don’t ever remember seeing anybody taking notes or recording it,” Sisolak said.

61 In general, the Nevada open meeting law governing public bodies requires all meetings, open and closed, to be recorded with audio or transcribed by a court reporter.

However, under the state law that officials used to meet in private, there is no requirement to keep a record. That law is for a governing body of a government entity meeting with its management representatives.

The situation falls under the section of labor laws for government agencies, not the open meeting law.

Barry Smith, executive director of the Nevada Press Association, which represents newspapers in the state, said this instance is a good example of why the law for government meetings shouldn’t have loopholes.

“Now there’s disagreement about what went on in a closed-door meeting, and there’s no record of it, and that’s why we shouldn’t have loopholes like this in the law,” he said.

The Police Department on Friday wouldn’t answer a question from the Review- Journal asking if minutes are kept of the committee’s executive session meetings.

UNANSWERED QUESTIONS

Questions remain unanswered about the arbitration, such as why the Police Department relied on a Chicago-area law firm for work that demands an under-standing of Nevada law.

Or why the two parties wouldn’t narrow an arbitrator from a panel of seven options, and instead tapped someone from Chicago.

Or why a well-experienced arbitrator strayed from the law’s requirements not once, but throughout the process, according to the county attorney’s review.

Perkovich would not discuss the arbitration, citing ground rules both sides stipulated that close the matter off to reporters.

The Police Department on Friday wouldn’t answer questions from the Review- Journal about why it picked people in Chicago for the job, if they are qualified, or say if the law was followed.

The department also didn’t answer a question about how much the arbitration and legal work will cost taxpayers.

On paper, Perkovich looks good. He has three decades of labor law and arbitration experience.

62 A 1981 graduate of John Marshall Law School in Chicago, he has credentials of handling arbitration cases involving police and fire departments, school districts and cities in Illinois.

Perkovich has enjoyed a high profile in Illinois labor circles.

In 1984, Perkovich became the first executive director of an Illinois state board that administers labor laws for educators. He did that job until 1991.

In 2003, Perkovich was named the director of a training center at the prestigious DePaul University Dispute Resolution Center in Chicago. The university’s press release announcing his arrival called him a “seasoned arbitrator.”

He has since left that post.

More recently, Illinois Labor Relations Board records show he handled four arbitration cases in his home state since January. His written opinions in those cases show more attention to detail and depth compared to what Clark County taxpayers got.

For example, in an Illinois case involving city police union negotiations, Perkovich included an analysis showing a comparison of wage increases to other cities and the reasons that the law allows him to consider this information.

No such analysis was provided in his written decision to hand wage increases to the Police Department. Nevada law for decision-making calls for the consideration of compensation to other government employees within the state and out of state.

OPEN OR CLOSED?

The unfolding questions have captured attention in the business community.

In an interview, Brian McAnallen, vice president of government affairs at the Las Vegas Metro Chamber of Commerce, said his organization has concerns about how the process was handled.

“We’re very dismayed about what we feel is a blatant avoidance of following Nevada statute by the arbitrator and even how the arbitrator may have been selected,” he said.

McAnallen said it’s a poor outcome for taxpayers and the business community.

“We’re on the hook for $6.9 million in a process that doesn’t even follow state law,” he said. “This is not a good situation for any of us.”

63 McAnallen said the system could be improved by making arbitration hearings open to the public to add trans-parency.

The hearings, the basis for decisions that entail millions in taxpayer dollars, are not open to the public under state law.

Jeff Zaino, vice president of the New York-based American Arbitration Association, said arbitration is intended to be private. The national organization is one of two recognized groups in Nevada that provides panels of arbitrators.

By being in private, he said, participants can avoid “showboating” and efficiently get down to resolving differences.

“People act differently behind a camera,” he said. “People act differently with an audience.”

EDITORIAL Council owes Boston voters timely decision on police pay OCTOBER 21, 2013 Boston Globe REGARDLESS OF where they land on the issue of a 25.4 percent pay hike over six years for Boston police officers, the Boston City Council owes both the taxpayers and the police a timely decision. Delaying the verdict past the Nov. 5 election would be a disservice to both.

Several members of the council, including Bill Linehan, Ayanna Pressley, and council president Stephen Murphy, take umbrage at having to deal with such a controversial matter. But the council is the only backstop against reckless arbitration awards like the one that attempts to put police officers on an equal financial footing with the city’s firefighters. What it really would do, if approved, is put the city on the hook for more than $80 million and set off a race among other public-safety unions for similar-sized raises, causing a run on the city treasury.

A recent hearing on the contract ended before the councilors had sufficient opportunity to hear important testimony, including opposition to the award from the independent Boston Municipal Research Bureau. Some councilors are hoping to receive a more in-depth explanation from the arbitrator himself. There will be an opportunity for additional testimony in the coming days. But it is also increasingly clear that some councilors don’t want to go on the record before Election Day to avoid alienating either the police union or fiscally prudent taxpayers.

64 In a recent interview, Murphy said, “I want the vote by the end of October.’’ But there are few signs around City Hall that Murphy or anyone else on the council is working in earnest toward that goal. Only two more council meetings are scheduled before the election. If this vote is going to take place, it needs to be soon.

A “no” vote sends the parties back to the bargaining table. That would be the best result because it delivers the message that the long-term sustainability of the city trumps the demands of a powerful municipal union. But a “yes” vote at least would give the new mayor a chance to establish priorities without a big question mark hanging over the city budget.

Faced with an opportunity to show strength, City Council members appear to be looking for an escape hatch.

Councilors often chafe at what they see as a lack of legislative power in the city’s strong-mayor form of government. Yet faced with an opportunity to show strength, members appear to be looking for an escape hatch. It’s the kind of faintheartedness that voters should take into account on Election Day.

Metro Police union says rules followed during pay-raise arbitration By Conor Shine Monday, Oct. 21, 2013 | 1:38 p.m.

LAS VEGAS SUN

Attorneys for the Metro Police union are pushing back against claims that a recent arbitration didn’t follow the rules set out in state law.

In a memo released today, in-house counsel for the Las Vegas Police Protective Association, which represents rank-and-file Metro Police officers, rebutted claims made last week by a Clark County attorney that an arbitrator’s September decision to give raises and health benefit increases to officers “was not in compliance with Nevada law.”

County counsel Mary-Anne Miller’s memo pointed out several areas in which she thought the arbitration process didn’t comply with state law.

Among Miller’s concerns was an improper process for selecting the arbitrator, a lack of documentation throughout the process and an improperly rendered decision.

65 The union’s competing analysis addresses many of Miller’s points, parsing through Nevada Revised Statute to show that, in its opinion, all arbitration standards required by state law were met.

“Not only is the award in this case legal, the only slight deviation from statute was the fact that the very final offers communicated to the arbitrator were oral and not in writing,” the LVPPA’s memo reads. “It should be noted that there is often slight deviation from this statute and we would submit that if one looked into the particulars of any interest arbitrations, deviations could and would be identified.”

The LVPPA’s memo insists that the two sides in the arbitration — in this case, the union and Metro Police administration — are allowed to choose an arbitrator if both sides agree. The two sides agreed to select Chicago-based arbitrator Robert Perkovich.

Miller had contended that NRS requires an arbitrator to be chosen from a panel of seven candidates, with each side striking a candidate until one remains.

Regarding the lack of a paper trail, the LVPPA’s memo argues that “express provisions of the statute” were followed, and a court reporter was hired to provide a record of the hearing.

The two sides agreed to forego a final transcription because it was not required by state law and doing so would save time and money, according to the memo.

The dispute over the arbitration decision, which awarded a 1.5 percent cost-of- living increase and an increased health plan contribution of $1,154 for LVPPA members, erupted earlier this month after commissioner Steve Sisolak raised concerns that the process didn’t adhere to state law.

Sheriff Doug Gillespie responded quickly with a next-day press conference in which he adamantly denied accusations that the process was flawed or that he colluded with unions to ensure the raise.

“The arbitration process is set in stone,” Gillespie said on Oct. 11. “There are rules. There are processes. They were followed.”

It’s unlikely the arbitrator’s decision will be reconsidered or overturned, but the dispute has given Sisolak an opportunity to question Gillespie’s handling of the department’s finances at the same time Gillespie is seeking commission for approval for a sales tax increase to hire more police officers.

Sisolak and the other members of Metro’s Fiscal Affairs Committee, which oversees the department’s budget, are scheduled to discuss the award at their meeting on Oct. 28.

66 UC Davis Unveils Police Oversight Plan David Greenwald The People's Vanguard of Davis October 22, 2013

In the wake of the pepper-spray incident in November 2011 and the subsequent settlement of the lawsuit with pepper-spray victims, UC Davis in the last week has released a report and a plan to implement a two-part program modeled on other successful police oversight programs across the country. This would be "comprised of an oversight board with members selected from the UC Davis community, and an independent civilian investigative division that will investigate complaints of misconduct filed against UC Davis police officers."

This differs somewhat from the program that the city of Davis implemented in late 2007 with the hiring of Police Auditor (originally designated as Police Ombudsman) Robert Aaronson.

"Most oversight agencies have multiple components to provide a complete accountability program and ensure that the needs of the community are met," the report notes. "At UC Davis there has been a serious breach of trust between the UCDPD and the campus community."

"The establishment of oversight is an important step in working to build a bridge to restore trust between the police and the campus community. To have credibility, oversight must be visible and must be a strong, effective model," the report continues.

"Evaluation of the current climate at UC Davis indicates that a representative oversight board would help to establish confidence in the oversight body as well as help to rebuild trust in the UCDPD," the report continues. "An independent investigative agency charged with conducting unbiased investigations would promote the credibility of the complaint process, as well as remove barriers that may inhibit aggrieved parties from filing complaints directly with the police department."

The report was conducted by Barbara Attard, an oversight and police practices consultant whose career spans 25 years in oversight of law enforcement. She served for four years as the San Jose Independent Police Auditor and seven years as the director of the Berkeley Police Review Commission (PRC), one of the oldest oversight agencies in the United States.

Her report notes, "Over the past 40 years civilian oversight of law enforcement has become an integral system of checks and balances in governmental structures in the United States, mostly at the city or county levels. Most large cities in the U.S. have oversight of their police departments. In contrast, there is very little oversight of policing on college campuses."

67 There have been three traditional models of oversight, however, most agencies are hybrids that are comprised of combinations of investigative, auditor/monitor, and representative boards or commissions.

Ms. Attard writes, "Regardless of the model, oversight agencies can enhance policing by providing transparency of the complaint process and other aspects of policing, making recommendations for policy improvements, and working to ensure constitutional policing in their jurisdiction."

"The campus (including the Sacramento Campus) convened twelve informational meetings over four days during a six month period where community members were briefed about oversight in the U.S. and dialogue was initiated with stakeholders to ask questions and provide comments," the report continues. "The feedback of many of the stakeholders was that if oversight were to be developed it needed to be representative, needed to be fair and unbiased, and needed to have the authority to have an impact on the UC Davis Police Department."

In March of 2013, the university conducted a number of outreach meetings with the goal of "establishing civilian oversight of the UC Davis Police Department and putting 'some teeth' into the process."

"From a police perspective, (civilian oversight) is a good idea," Chief Matt Carmichael said at the first of two forums held March 11 at the Student Community Center, as reported by UC Davis' Dateline. In his department, he added, "There is no fear of civilian oversight."

The oversight program that is recommended is the establishment of the UC Davis Police Accountability Office (UCDPAO), a two-part program:

1. The UC Davis Police Accountability Board (UCDPAB), will consist of seven members, selected through an application process, to include students, faculty, and representatives from both campuses. The board members will receive training and will have the authority to review and approve findings of misconduct investigations and policy recommendations. The board will convene public meetings at least once per quarter.

2. The Independent Investigative Division (UCDIID) will be staffed by: a full time Executive Director/Investigator who has significant experience in law, oversight or a related field; and an administrative staff person. The UCDIID will have a two-fold function, to conduct investigations of police misconduct complaints and to serve as staff to the Police Accountability Board. In addition, the UCDPAO will have authority to conduct outreach, provide transparency through annual reports, provide an alternative to the UCDPD as a place for complaints to be filed, provide policy analysis, and will respond to the scene of and review reports of investigations of critical incidents.

68 Upon completion, reports and findings of misconduct complaints will be referred to the Chief of Police, who maintains authority to discipline officers in the UCDPD.

"We want the information," Chief Carmichael said. "We won't retaliate. We'll investigate."

The report notes, "Because there is little existing oversight on university campuses, the recommended UC Davis model is unique. The proposed evaluation should carefully examine the efficiency and efficacy of the program. A robust evaluation will provide valuable feedback for the UCDPAO, as well as the University, to determine any changes that could improve the accountability program as it moves forward."

It adds, "To be successful, the UCDPAO will require ongoing funding and support from all stakeholders. By instituting a strong and inclusive oversight program, UC Davis and the UCDPD are poised to become a national model for transparency and accountability."

Portland police chief objects to several proposals intended to strengthen police oversight

October 23, 2013 OregonLive.com

Portland Police Chief Mike Reese Wednesday urged city commissioners not to give the Independent Police Review Division free rein to conduct independent inquiries of his officers or civilian police bureau members.

Further, the chief said he opposed efforts to grant the Independent Police Review Division the authority to compel officers or civilian police bureau staff to answer questions as part of any independent investigations. The division, known as IPR, serves as the intake center for citizen complaints against Portland police.

"The bureau is not aware of any problems with the current system,'' Reese told the council. "The current system is working very well.''

Reese's comments were echoed by the presidents of the rank-and-file Portland police union and the police commanding officers' union Wednesday at a three- and-a-half hour hearing before City Council on Wednesday.

69 It was the first airing before council of a package of proposed changes to city code intended to strengthen police oversight and require more information be made public on the police chief's disciplinary decisions.

Constantin Severe, the director of the Independent Police Review Division, said the increased powers are necessary to respond to the scathing report from the U.S. Department of Justice, which found last year that Portland police have engaged in a pattern or practice of excessive force against people with mental illness.

"This is something that we all own,'' Severe said, speaking of the federal findings. "This is our responsibility to fix. It's our fault the DOJ had to come into Portland.''

Severe said his investigators need the power to question officers directly to do meaningful independent and thorough investigations of police. Currently, IPR investigators must question officers through a police liaison, which Severe called "a crazy system'' and unworkable.

"Having a police bureau liaison creates a weird dynamic, is bad policy,'' Severe told council. "I just don't think that's workable...It's absurd, frankly.''

Severe said it's odd that city Bureau of Human Resource civilian investigators right now can compel police officers to talk as part of harassment or discrimination investigations, but IPR's civilian investigators cannot.

"We are not disciplinarians. We are fact gatherers,'' Severe said. "But we want to be able to do the best job by the city that we can.''

Police internal affairs Capt. Dave Famous said the proposed changes don't cite a "threshold'' for when IPR could initiate its own independent inquiry of police. He said the last time IPR did an independent investigation and questioned an officer, a police internal affairs investigator gave the officer the admonishment that he or she needed to answer the questions asked by IPR, "and got out of the way.''

Officer Daryl Turner, president of the Portland Police Association, and Capt. Bryan Parman, president of the Portland Police Commanding Officers Association, told the council that such proposed changes would be mandatory subjects of bargaining. Turner cited a 1995 decision by the state Employment Relations Board involving Portland firefighters that determined changes to the discipline process needed to be negotiated.

"Until bargaining has taken place, these changes should not—and legally cannot—be implemented," Turner said.

Commissioner Nick Fish noted that city attorneys had advised Severe that changes would not have to be negotiated. "That's a significant issue,'' Fish said. "I hope we get some clarity on that.''

70

Turner argued that the Independent Police Review Division now has "unprecedented access'' to bureau internal affairs investigations. To change IPR's fundamental role would mean "taking discipline out of the Police Bureau's hands,'' Turner said.

The police chief also told council he objected to a proposal that would require him, as chief, to explain in writing to the police commissioner his discipline decisions whenever he rejects the recommended discipline from a Police Review Board that's examined an alleged police misconduct case. (The matter was raised late last year when Reese put aside a police review board recommendation to fire Todd Wyatt, and the chief instead demoted him.)

Reese said he would not want an officer's "personal, mitigating factors'' to become public in a letter he must write to the mayor, who already is briefed on his discipline decision anyway and signs off on it.

"It's redundant,'' Reese complained. He added that putting in writing his rationale could have a "chilling effect'' on police bureau employees, making them less likely to raise such personal mitigating factors to him in the disciplinary process.

"I don't think that that inspires public confidence,'' Commissioner Steve Novick said.

Novick pointed out that any health-related information would be protected under law from public release, regardless. Several community members who testified said a written record of the chief's disciplinary decisions, when they veered from a review board's recommendation, would help establish a record for the mayor and chiefs to examine when trying to make sure discipline is consistent.

Reese also told council he objected to extending IPR's oversight to high level, supervisory police civilian employees. The chief said bringing them under IPR's investigative authority would further slow down the division's investigative abilities.

During a break, Novick noted, "That's clearly about Mike Kuykendall.'' He was referring to the chief's former right-hand man who the chief appointed to serve as the bureau's director of services. Kuykendall resigned from the Police Bureau earlier this year after a series of unprofessional e-mails he exchanged with a female lieutenant became public, in which he characterized a police captain as a Nazi.

At the end of the lengthy hearing, Mayor Charlie Hales decided not to bring back the proposed police oversight changes to council until Dec. 4.

Asked why? Hales responded: "Needs work.''

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Pasadena Council shuts down one member’s request for police oversight study By Lauren Gold, Pasadena Star-News 10/01/13

The City Council shut down a request by Councilman John Kennedy to look at the possibility of establishing a citizen oversight committee for the Police Department.

Kennedy has been pushing the issue since last month’s Public Safety Committee meeting, citing numerous requests from constituents for additional police oversight following several allegations of misconduct in the department.

“There is nothing to fear in having a comprehensive report or study done,” Kennedy said.

But his fellow council members argued Monday that the issue has already been debated and put to rest.

“Yes it’s a democracy, but even in a democracy there has to be a time when you move on,” Councilman Steve Madison said. “Honestly, John, this reminds me of what is going on in Washington right now. This idea that we can just keep talking about the same thing when there is clearly not the votes to do it is not well taken in my view.”

Monday’s agenda item was only to decide whether to place an action item on a future agenda, but the council held a full discussion on the issue that stretched toward midnight. No member of the public stayed to hear the discussion, and Police Chief Phillip Sanchez was not present at the meeting.

Kennedy continued to insist that he himself had not yet made up his mind on the issue and merely wanted more information, but others on the council said they already know enough to make the decision that an additional oversight committee on top of the four-member Public Safety Committee was not necessary.

“I’ve had experience with such bodies and I don’t believe there is truly the value added that some people believe,” Councilman Victor Gordo said, “I have found that some individuals appointed to these bodies that aren’t accountable to the voters or elected body use the position to either be critical of an individual like a police chief or

72 insert politics into the public safety dialogue and I think that’s inappropriate.”

Joe Brown, the former Pasadena NAACP president who spoke in favor of the public oversight committee at a previous meeting, said he was “dissatisfied” with the council’s response to Kennedy’s request.

“To me, it is a slap in the face to the citizenry here in the city of Pasadena,” Brown said. “Everybody deserves to be heard and everybody deserves to know whether or not that may be in the best interest of the community.”

In the end, Kennedy said he did not agree with his colleagues’ comments but had to accept the council’s decision to not discuss the issue further.

“I think part of any council member is to be armed with the facts and it seems to me that the council is still wanting of the facts without a true desire to have the facts,” Kennedy said. “As one council member shared with me from the beginning, there is no appetite for (public police oversight) and obviously there is no appetite for even an independent, comprehensive report on the subject. So in some respects for the moment it’s end of story.”

Violent and Property Crime Up for Second Straight Year October 24, 2013 10:12:45 am The Crime Report Violent and property crime rates rose significantly for the second consecutive year in 2012, according to the Bureau of Justice Statistics (BJS) estimates released today.

In 2012, the violent crime rate jumped more than 15 percent, from 22.6 victimizations per 1,000 persons in 2011 to 26.1. The figures include estimates for rape, sexual assault, robbery, aggravated and simple assault.

BJS’ estimates are based on data from the annual National Crime Victimization Survey, which collects information about crimes, both reported to police and unreported, from victims age 12 or older.

The property crime rate increased by more than 12 percent, from 138.7 per 1,000 households in 2011 to 155.8 in 2012. Property crime figures include estimates for burglary, theft and motor vehicle theft.

73 In 2012, 44 percent of violent victimizations and 54 percent of serious violent victimizations were reported to police, according to BJS. About 34 percent of property victimizations were reported.

Fatal Encounters Between Police and Mentally Ill Rising

Law-enforcement professionals and mental-health advocates are seeing an increase in fatal encounters between police and the mentally ill, says the Wall Street Journal. They cite a narrowing range of treatment options that has shifted more responsibility for the mentally ill to law officers, jails and prisons. "No police officer does well with shooting someone, let alone someone with mental illness," said Michael Biasotti of the New York State Association of Chiefs of Police, a mental-health and law-enforcement policy researcher. "That destroys a bunch of people at once."

Anecdotal evidence suggests violent attacks on police officers by mentally unstable people have been increasing over the past decade, said James Pasco of the Fraternal Order of Police, which represents 330,000 law-enforcement officers. Definitive data is scarce, in part because mental-health records are restricted by federal regulations and state laws. The FBI tracks "justifiable homicide," which it defines as "the killing of a felon by a law-enforcement officer in the line of duty," but it doesn't note which of those involve mental illness. While crime rates nationally have fallen since the late 1990s, justifiable homicides by police officers have risen, from 297 in 2000 to 410 in 2012. Hidden within that category is what is known informally as "suicide by cop," when a person intentionally provokes an officer into using lethal force. Chuck Wexler of the Police Executive Research Forum believes this type of suicide is increasing in frequency. About half the nation's population lives in places where officers don't get training in dealing with the mentally ill, said Doris Fuller of the Treatment Advocacy Center. The Wall Street Journal

Police chiefs put the heat on Congress

Philadelphia Inquirer POSTED: October 23, 2013 WHAT IF ONLY 60 percent of airline travelers were screened before boarding? What if only 60 percent of cops were given background checks?

How about gun owners - what if only 60 percent of them were given a background check?

It's already happening, according to the National Law Enforcement Partnership to Prevent Gun Violence.

74

Several top cops from around the country highlighted the issue yesterday at a news conference held by the partnership at the Pennsylvania Convention Center, the site of the annual conference of International Association of Chiefs of Police. The officials, including Philadelphia Police Commissioner Charles Ramsey, renewed their call for Congress to pass universal background-check legislation.

Currently, only buyers who purchase firearms at gun shops are subjected to background checks, while the 40 percent of buyers who purchase their guns privately, including online and at gun shows, are not, said Baltimore Chief Jim Johnson, chairman of the partnership.

When the U.S. Senate defeated a bill this year that would have expanded background checks to include online and gun-show sales, Ramsey was befuddled.

"We expected the Senate to do what cops do, protect the public," Ramsey said. "But a minority of senators protected themselves instead of the American people and in my opinion, that's a disgrace."

Chief Terry Cunningham, of the Wellesley, Mass., Police Department, said that since 2001 more than 300,000 lives have been taken by gun violence.

"That's more than 70 lives a day," he said. "We are clearly facing a crisis and now is the time to act."

Ramsey said he wants the public to know that police chiefs across the country won't let Washington bypass this issue.

"Congress, right now, it's hard to figure out, quite frankly," he said. "I would hope that eventually they do get their act together and sit down and carry out their responsibilities."

Earlier in the day, Boston Police Commissioner Edward Davis III walked IACP conference attendees through the days following this year's bombing at the Boston Marathon.

He said the incident highlighted the importance of tourniquets - now each Boston police officer is equipped with them - and of the police radio system, because all other forms of communication were down.

He also highlighted the importance of having trusted media sources and of tapping into social media to distribute and receive information from the public.

Davis said the most important thing that came out of the bombing though was the idea of "Boston Strong."

75 "The terrorists attempted to turn us into a frightened and dysfunctional city and actually they did just the opposite; they failed miserably," he said.

Fed action 'will have to come through me' - Chief

A more open relationship between staff association branches and senior leadership is needed, ACPO officers claim.

Date - 25th October 2013 By - Cliff Caswell - Police Oracle 6 Comments A chief constable has said he wants to be kept in the loop over any potentially “contentious or novel” activities by Federation reps from his force.

West Midlands Chief Chris Sims (pictured) has said he would be keeping closer tabs on the future activities of the staff association following the controversial Plebgate meeting between three Fed reps and conservative MP Andrew Mitchell.

He told members of the Home Affairs Select Committee that he had “no intention of being the decision maker” but added that he expected to be informed in cases where contentious activities were undertaken.

CC Sims, who was appearing alongside CC Andy Parker of Warwickshire Police and West Mercia Chief David Shaw, agreed with his colleagues that a more open and transparent relationship between senior officers and Fed officials is needed in the wake of the high-profile meeting.

It transpired during the Parliamentary hearing that the Fed branches in the Midlands had hired an independent PR firm that helped co-ordinate their pursuit of an aggressive campaign opposing cuts to policing.

MPs were also told that then Fed Chairman Paul McKeever wrote to them asking them to stop their campaign, adding he feared it would damage Fed members' interests.

CC Sims said a more open relationship between the Federation and senior officers was needed in cases where controversy could arise, such as the meeting with Mr Mitchell.

He added: “As part of my management action I have looked at the facilities currently given to my Federation officers and will use those facilities to curtail any such future activity.

76 “The Federation is in a very ambiguous position. I recognise that where there is no trade union representation but the 1969 legislation gives no guidance on what campaigning could look like.

“What I do say is that public money that is being used by the Federation and any attempt to use that money in a way that is novel and contentious will have to come through the force.”

Earlier in the hearing, CC Shaw told MPs the Fed “had to tread a difficult line” – while he accepted they were police officers first he said he did "not expect them to account for every single action”.

He added: “There is a fundamental difference between a warranted serving officer and a Federation officer conducting themselves on Police Federation business.”

But he said that what had happened with Mr Mitchell had overstepped the mark, adding: “I distance myself from what took place – it was inappropriate and wrong.”

Speaking to PoliceOracle.com after the hearing, CC Parker of Warwickshire Police said he believed the Federation needed to think carefully before becoming drawn into high-profile campaigns.

“Their involvement in Plebgate was misguided and it is unfortunate that they jumped on the bandwagon,” he added. “I hope that by working with the Fed some boundaries can be established.”

A spokesman for the national Police Federation confirmed that the independent review of the staff association - commissioned in the wake of Plegbate - was now in its advanced stages but was unable to comment further.

Government 'willing to consider' force mergers

Home Secretary tells College of Policing that while she would not propose mergers – the government would listen to forces that want to pursue the proposal.

Date - 25th October 2013 By - Nic Brunetti - Police Oracle 7 Comments The government will listen to forces if they wish to pursue regional mergers, the Home Secretary, Theresa May, has said.

77 Speaking at the College of Policing Setting the Standard Conference, Mrs May said any plan would need local support before it could be considered by the government.

But she said forces may wish to pursue collaboration instead to preserve their distinct identities – and the public may prefer this.

During the last Labour government the former home secretary, Charles Clarke, proposed regional mergers but there was a failure to agree over the harmonisation of the police precept in two forces which were looking to press ahead.

This notably happened in 2006 when Lancashire and Cumbria Constabulary’s proposed merger fell through. Other forces were unwilling to merge. Then separately, in 2010, a merger between Durham and Northumbria also failed to materialise when plans for police and crime commissioners were announced.

Responding to a question from the floor, Mrs May told the conference she did not wish to repeat Labour’s mistakes, but added: “The government has been clear.

“As far as I am concerned if police forces at a local level want to come together, if they have local support for that, and there is a business case for that, we have said we are willing to look at that.

“I think collaboration (however) provides the effectiveness and the economy of scales while enabling the continuation of distinct identities for police forces.

“The public feel the identity is important and I think collaboration can give the advantages of coming together while maintaining that continued identity for the forces.”

Mrs May said collaboration was helping forces to meet the current budget cuts and Her Majesty’s Inspectorate of Constabulary (HMIC) had reiterated in a report that the pace of collaboration should continue.

A tale of cuts versus courage

Officers might be less keen to put their lives on the line – knowing they could be managed out of policing, says Royston Martis.

Date - 24th October 2013 By - Royston Martis - Police Oracle 5 Comments “It is something any police officer would have done…” one officer told me.

78 Another added: “It was just an incident that needed to be dealt with – I just happened to be in the right place at the right time”.

“I didn’t think, I just acted.”

During what was an incredibly busy week for the police family, I had the great fortune and honour to be invited to the recent National Police Bravery Awards.

The humble statements above were the general default replies when you spoke to any of the 64 officers in attendance about their brave acts.

They included saving people from burning buildings, rescuing people from lakes and rivers and confronting armed criminals, both on- and off-duty.

At a time when police officers are seemingly constantly in the headlines for the wrong reasons, it served as a timely reminder of the great work the vast majority of police officers do, day-in, day-out, and that they are much more than crime fighters.

I met officers from Northumbria who were hospitalised for days after being caught in an explosion. They are still permanently scarred.

We heard from a North Yorkshire officer who tackled a gunman when she was out shopping in Tesco with her son.

I met two officers from Gwent who were returning to the Bravery Awards for the second time.

And I was lucky to spend some time with the brothers of PC Ian Dibell, of Essex Police, who – off-duty – tackled a crazed gunman and who undoubtedly saved the lives of others. He sadly paid the ultimate price.

PC Dibell would, of course, go on to win the overall award.

Brave officers across England and Wales are involved courageous acts all of the time, today and every day.

In fairness, speaking at the Police Bravery Downing Street reception and the awards ceremony that evening, Prime Minister David Cameron was keen to meet and greet as many officers as possible, emphasise that the majority of cops have great integrity and hail their “extraordinary” acts of bravery.

Home Secretary Theresa May joined in the chorus: “Every time a police officer goes out to work they don’t know what lies around the corner. When everyone else’s instinct is to run away from danger, they run towards it. We really do have the best police officers in the world.”

79 It is right and proper for words such as these to be used by politicians in these positions on such an occasion.

But they don’t mean anything. They are as hollow as ever. The government has cut officer numbers to dangerous levels and cut pay and conditions.

And let's not forget that they are perhaps just a few months away from introducing compulsory severance to the service.

And here is the thing.

Will officers be keen to act so brave and courageously if they fear – should it sadly go wrong and they get injured – that they could be “managed out” of the policing business?

They could think twice about running towards that danger. They might think twice before acting.

With these proposed changes to police officer conditions, that is a real possibility, and it would be a total tragedy if that was to happen.

Chiefs 'must help officers challenge them'

Draft code says leaders should create environment where officers are confident enough to question them.

Date - 25th October 2013 By - Jack Sommers - Police Oracle 1 Comment Chiefs must realise many officers and staff fear questioning their decisions - and should create an environment where they are “open to challenge”, the new draft of the code of ethics says.

The code, published on October 24 for public consultation, includes a section aimed at solely at forces leaders and says they must “promote, support and reinforce” ethical behaviour.

It also says they must appreciate many fear to question senior leaders’ actions and they should engineer an environment where officers and staff are comfortable to do this.

“While the Code applies to all members of police forces in England and Wales, those in senior positions have greater expectations placed on them to provide example, direction and guidance,” the 17-page document says.

The code says chiefs should:

80 • set a personal example of how the principles and standards apply

• promote, support and reinforce ethical behaviour

• create and maintain an environment that supports ethical behaviour and integrity

• maintain open communication and share information where appropriate

• provide a workplace free from harassment and unlawful discrimination

• be consistent in what they do and say

• recognise and acknowledge that many people find it hard to question or challenge chief officers’ actions or decisions

• create and maintain an environment where they are open to challenge

• be alert to the undermining effects on individuals and organisations of corruption and injustice

The code has been drafted over several months with stakeholders, including staff associations, heavily involved.

Speaking at the College of Policing’s conference in Bramshill, Home Secretary Theresa May said it was “astonishing” the Police Service had never had a code of ethics.

“It is astonishing that the police have not had an explicit code of ethics – an equivalent to the Hippocratic Oath for doctors,” she said.

“I think it will prove vital for establishing and maintaining fundamental ethical standards for all police officers. But the challenge for the College on integrity goes further than the code of ethics alone.

“And it goes further than the other elements of my integrity package that the College is charged with delivering, such the introduction for the first time of a national register of officers struck off from the police. The challenge is to provide the leadership that changes a culture.”

The draft of the code outlines standards for all officers and staff in areas such as honesty and integrity, equality and diversity, use of force and courtesy.

Chief Constable Mike Cunningham, the national lead on workforce development, said: “Although public confidence in the police has remained stable over the last number of years, recent events have highlighted the need to reinforce that

81 confidence through robust policing policies which ensure that all officers – not just the vast majority – act in an ethical manner.

“The work of Chief Constable Alex Marshall and his team at the College of Policing in developing the draft code is to be applauded and I look forward to the consultation process taking its course and bringing forward a finished product which everyone can have confidence in.”

But Yvette Cooper, the Shadow Home Secretary, said the code did not go far enough in reforming police integrity. She said Lord Stevens’ review of policing, commissioned by the Labour Party, would propose something more “radical and far-reaching”.

She said: “A code of ethics is of course right, but it’s not enough. This week’s evidence at the Home Affairs Select Committee (concerning Plebgate) should show everyone we need an entirely new framework for standards, and a better system for when things go wrong.

"The IPCC doesn’t have the power, authority or resources to investigate and hold the police to account. It should be replaced with a much stronger, properly empowered and better-equipped Police Standards Authority.

"Simply giving the IPCC more resources isn’t enough – it will just expand a structure that isn’t working, isn’t proactive enough and has failed to deliver for victims, the police or the public too many times.”

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