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North Bay Police Association (Hereinafter Called the “Association”)

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North Bay Police Association (Hereinafter Called the “Association”) P a g e | 1 IN THE MATTER OF AN ARBITRATION BETWEEN: North Bay Police Association (Hereinafter called the “Association”) and North Bay Police Services Board (Hereinafter called the “Board”) IN THE MATTER OF THE GRIEVANCE OF SANDRA ALLARY Arbitrator Belinda a. Kirkwood Appearances for the Association Caroline (Nini) Jones, Counsel Noel Coulas, Association Representative Sandra Allary, Vice-President of the Association and Grievor Appearances for the Board Michael B. Burke, Counsel Paul Cook, Chief of Police Shelley Hampel, Human Resources Officer Jennifer Katsuno, Student at Law Lindsay Scott, Student at Law Hearing Dates May 5, 2009, June 15, 21, 22, 23, 24, 2010 and July 28, 2010 in North Bay and August 3, 2010 in Toronto, Ontario P a g e | 2 AWARD The Association claimed that the Grievor ought to be placed in the position of Forensic Identification Officer, or alternatively that the job competition be rerun, after offering the Grievor the opportunity to receive relevant materials and the time to study. The Association claimed that the process which the Board used to assess the candidates was so unreasonable as to be fundamentally flawed that it could not properly assess the candidates, more particularly the Grievor, and asserted that the Grievor was qualified under the terms of the collective agreement. The Grievor was a Classification Clerk and had been employed with the Service for approximately 19 years. She applied for the position of Forensic Identification Officer (“FIO”). The Grievor did not receive the position, as it was the Board’s view that although the Grievor had the capacity to learn the position if given to her, the Board was entitled to select a candidate who had the skills and ability to perform the duties of the job at the time of receipt of the job. The Board’s position was that it was not required to select a candidate who had the potential to fill the position. As a result, the Board selected an outside candidate, Brian Solmes. The Association agrees that Brian Solmes is highly qualified for the position, as he had been a forensic specialist with the Sudbury Police Service for seven years, has a background in Science, has extensive training in the field and has been sent on regular courses to maintain his expertise. However, the Association asserted that the collective agreement does not give the right to the Board to select the best qualified candidate, but the Board is required to select the most senior qualified candidate. The North Bay Police Service (“the Service”) is one of the very few services that employ civilians as Forensic Identification Officers. With very few exceptions the work is done in the various Services by sworn members. In North Bay, the position had been carried out by the Technical Services Technicians or Supervisor, who had entered the position originally without particular accreditation in this area, but who then attended intensive P a g e | 3 courses put on by either the Ontario Police College (“OPC”) or the Canadian Police College (“CPC”), and over the course of time, became experts in their field. Since the Campbell Report on the Bernardo Investigation (1996) and the Kaufman Inquiry (1997), new legislation, Adequacy and Effectiveness of Police Services Regulations, Ontario Regulations 3/99 s. 14(3) (“the Adequacy and Effectiveness Regulations”) was promulgated in 2001 and imposed high standards on the chief of police with respect to the carriage of forensic investigations. In order to act as a FIO all FIOs must have passed either an intensive nine week course put on by the OPC or that of the CPC after which the FIO must be recertified every three years, by passing further intensive courses. Although under the legislation there is an entitlement to hold the position if the person has equivalent training, none of the witnesses were aware, including the Police Services Advisor, that anyone had obtained this position by demonstrating equivalent standards. Mr. Ransom was the most recent Technical Services Supervisor in the Service, but left the Service, creating a vacancy in this area. Chief Paul Cook decided, after consulting with the Association, to fill this need by creating two FIO civilian positions, who would then report to the Detectives in the Investigation Support Unit. The FIO position was posted by Routine Order on August 14, 2008 with a closing date of August 28, 2008 and candidates were invited to submit their resumes detailing their qualifications and experience as it related to the requirements of the position. The Position Description as revised on May 9, 2008 and then in September a further amendment was made to reflect the change in the reporting structure from Technical Services Supervisor to Detective Investigative Support. The accuracy and applicability of the Position Description was not in issue. Without reference to the physical component which was not relevant, the Position Description is as follows: P a g e | 4 FUNCTION 1. Provide or arrange specialized technical advise and/or assistance in investigations of incidents. 2. Prepare cases for court, assist in the court process and prosecution of offences. 3. Maintain identification files. A. PREREQUISITE 1. Successful completion of pre-employment testing. 2. Must meet entrance criteria of identification training course at either the Canadian Police College or Ontario Police College. B. DESIRABLE QUALIFICATIONS 1. Knowledge of Criminal Code and related Federal Statutes. 2. Effective communication skills. 3. Experience in providing oral testimony in court and knowledge of the court system. 4. Demonstrating understanding of the rules of evidence. 5. Knowledge of photographic processes and techniques. 6. Knowledge of drafting/drawing skills. 7. Basic knowledge of personal computer. 8. Knowledge of report writing. 9. Knowledge of Service policies and procedures. 10. Ability to work independently. 11. Self-motivation/initiative. 12. Problem solving and research skills. C. PRINCIPAL TASKS 1. Attend at crime/incident scenes conduct investigations and/or assist other member of the Service or other agencies with technical assistance. 2. Take photographs/video at crime/incident scenes, special events, in the identification laboratory and/or administrative purposes, as required or directed. 3. Conduct fingerprint examinations at crime scenes or in the identification laboratory as required. 4. Take measurements, conduct or arrange specialized processes to reconstruct crime scenes and/or accident scenes. 5. Collect, preserve and process evidence at crime scenes. 6. Acquire, examine, inventory, store, or transport firearms, prohibited weapons, prohibited devices, prohibited ammunition or explosive substances. P a g e | 5 7. Acquire, examine, inventory, store, or transport controlled drugs and substances. 8. Document and preserve continuity of evidence. 9. Process and analyze evidence. 10. Fingerprint persons as required. 11. Obtain DNA samples and Data Bank sampling pursuant to the Criminal Code of Canada as required. 12. Prepare and submit crown briefs for charges of Failure to appear and Breach of Undertaking in relation to the non-appearance for the purposes of identification. 13. Conduct identification examinations and processes such as physical matches fingerprint comparisons. 14. Prepare physical, fingerprint, and photographic or other demonstrative evidence for court as required. 15. Search persons, places, or vehicles for physical evidence as directed. 16. Maintain notebook containing an accurate account of up-to-date- activities. 17. Maintain a record (curriculum vitae) supporting personal expert knowledge for court purposes. 18. Prepare for court, formal inquiry and Coroner’s Inquests. 19. Attend court and provide testimony as required. 20. Monitor activities and incidents to help establish crime trends. 21. Complete sexual offenders registrations as required. 22. Prepare and submit reports as required. 23. Prepare case submission form and liaise with person of the Center of Forensic Sciences, the Royal Canadian Mounted Police Identification Services, the Ontario Provincial Police, Forensic Identification Service and the Forensic Pathology Branch of the Minister of the Solicitor General’s office in accordance with Service policies and procedures. 24. Use and maintain all equipment within the technical services office, laboratory, and dark room area. 25. Conduct in-service training, in regards to specialized processes, equipment, or procedures with Patrol, Courts, and Investigative Support when directed. 26. Act as a field trainer in relation to Technical Services as directed. 27. Provide front line response to Biohazard threats and suspicious packages.. 28. Research, develop, and report on identification processes and techniques when directed. 29. Consult and provide guidance to Patrol and Investigative Support personnel in regards to technical processes or procedures. 30. Confirm fingerprint identifications and opinion conclusions made by other technical service personnel. 31. Attend autopsies and conduct examination, investigations relative to the Coroner’s Act/Criminal Code. 32. Maintain incident files containing latent fingerprint lifts, photographic negatives, prints, and documentation. 33. Maintain a computerized/hard copy fingerprint, mug photo system. 34. Perform the duties of a “Fingerprint Examiner: where designated in the Criminal Code of Canada. 35. Take additional training as required. 36. Perform additional duties as required. D. POSITION DIMENSIONS P a g e | 6 CRITICAL a) KNOWLEDGE – Has
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