September 4, 2013 Public Minutes

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SAINT JOHN BOARD OF POLICE COMMISSIONERS
MINUTES – OPEN SESSION
SEPTEMBER 4, 2013 - 5:45 P.M.
COMMUNITY ROOM - ONE PEEL PLAZA
PRESENT
Commissioners
Christopher Waldschutz, Chairman
Mary-Eileen O'Brien, Vice Chairman
Jonathan Franklin, Secretary
Mel Norton
Greg Norton
Timothy Christie
Staff
Chief Bill Reid
Deputy Chief Bruce Connell
Marven Corscadden, Director of Human Resources & Finance
Brian Malone, Director of Knowledge Management
Inspector Glen McCloskey, Patrol Services Division
Inspector Cy Thompson, Criminal Investigations Division
Jackie Ferrar, Recording Secretary
Absent
Karen Keiller
Inspector Dave Parks, Support Services Division
Mr. George Stackhouse and family members entered the meeting as well as Mr. Jeff Roach of
Sociallogical Strategic Connectivity.
1.
Call To Order
Chairman Waldschutz called the meeting to order at 5:45 p.m. and expressed apologies on
behalf of Commissioner Keiller. Congratulations were extended to Commissioner Franklin by
Chairman Waldschutz on his appointment as Vice-President of the CAPB.
Presentation to Mr. George Stackhouse
Chief Reid presented Mr. George Stackhouse with a plaque in recognition of his many volunteer
endeavours in Saint John which included the South End Little League Program, Neighbourhood
Police Council, the Saint John Salvage Corp Fire and Police, the Poppy Campaign and the
Salvation Army's Red Kettle Campaign, in addition to dressing in the Bobby Uniform when a
cruise ship visits the City and welcoming the tourists to the Police Museum. Chief Reid
expressed his pleasure in recognizing Mr. Stackhouse this evening who joined the Saint John
Police Force in 1965 after serving 12 years with the Army.
Police Commission Meeting – Open Session
September 4, 2013
Page 2
Chairman Waldschutz also expressed thanks to Mr. Stackhouse on behalf of the Board of
Police Commissioners.
Presentation - Use of Social Media
Commissioner M. Norton commented regarding the use of social media by the Police Force and
expressed concerns with respect to the translation requirement. He remarked concerning the
sharing of information through social media and indicated that this could be an option for the
Board members to develop a presence in the community and interact with citizens. He
encouraged everyone to use social media as frequently as possible and expressed the desire to
not get bogged down in the bureaucratic processes.
Commissioner O'Brien spoke briefly expressing the view that if we are talking about how the
Police Force is going to use social media - that is an operational matter. Chief Reid explained
that when Mr. Roach provided the social media training for officers he also offered points on the
development of a social media policy. He noted that other police agencies were also consulted
in this regard for input. Responding to a question raised, he advised that 8-12 officers
participated in the social media training which involved twitting. The bilingual staff in the Public
Safety Communications Centre will assist with translations. Referring to the Police Force's
website Chief Reid advised that City staff, in conjunction with the Force's staff, are working on
refreshing the site.
Commenting with respect to twitter history with the Force, Commissioner M. Norton stated there
are gaps, some being 15 days between twits, which in his view dilutes the power of it and
devalues the investment that the officers have made as well as the Police Commission in having
the training provided. During the discussion he acknowledged Chief Reid's comments, and
expressed the opinion that twitter is such a simple tool that everything possible should be done
to have it increased as soon as possible.
Chairman Waldschutz questioned Mr. Roach if he sees deficiencies and if he does, what should
be done. In response, Mr. Roach stated that when the training was completed he suggested
that the officers continue as a mentorship group and meet on an ongoing basis. He explained
further that the steps the Police Force has been taking are certainly following his
recommendation, but the speed that they are moving through these steps is slower than he
anticipated. He reviewed the following recommendations that he proposed at the time of the
training -
Translation is required for the official Saint John Police Force messages that go out to
the public.
-
Officers were encouraged to put themselves out front and represent themselves online
and interact with the citizens the same way that they do in their daily lives. He noted that
there are a couple of officers who are doing this.
The discussion continued with Mr. Roach informing everyone that during the training session an
emphasis was placed on the Police Act and what conduct is expected from police officers when
it comes to using twitter. He explained further that the Police Force has an account on Google
Plus which was chosen because it enables you to have scrums with the media that can be
Police Commission Meeting – Open Session
September 4, 2013
Page 3
recorded through video and viewed by the public. He expressed the opinion that this would be
an excellent way of becoming involved with the public.
Commissioner G. Norton suggested that if the officer responsible for each Division or Unit
prepared twelve messages in advance this would certainly bring a presence to twitter from the
Police Force. By doing this in advance, it also eliminates the pressure of trying to do something
when staff is very busy. These messages could then be submitted to someone to twit. In
response, Deputy Chief Connell assured everyone that this has been done and they need a
couple of weeks to finalize everything.
Mr. Roach withdrew from the meeting.
2.
Approval of Minutes
2.1
Minutes of July 3, 2013
On motion of Commissioner Franklin
Seconded by Commissioner O'Brien
RESOLVED that the minutes for the July 3, 2013 Open Session meeting of the Saint
John Board of Police Commissioners, be approved. (O1309-01)
Question being taken, the motion was carried.
3.
Adoption of Agenda
On motion of Commissioner O'Brien
Seconded by Commissioner Christie
RESOLVED that the agenda for the September 4, 2013 Saint John Board of Police
Commissioners meeting, be approved. (O1309-02)
Question being taken, the motion was carried.
4.
Disclosure of Conflict of Interest
4.1
Declaration of members in conflict of interest with any item on the agenda
5.
Consent Agenda
5.1
That the letter from the Common Clerk's Office advising that on June 24, 2013 Council
passed a resolution requesting data and a meeting regarding the release and location of
individuals previously convicted for sexual offenses, be referred to Chief Reid.
5.2
That the letter from the Common Clerk's Office advising that on August 12, 2013 Council
passed a resolution directing the City Manager to investigate, in consultation with the Board of
Police Commissioners, the feasibility of lowering speed limits from 50 km an hour to 40 km per
hour in certain areas throughout the City, be referred to Chief Reid.
Police Commission Meeting – Open Session
September 4, 2013
Page 4
On motion of Commissioner O'Brien
Seconded by Commissioner Franklin
RESOLVED that the recommendation set out for each consent agenda item
respectively, be adopted. (O1309-03)
Question being taken, the motion was carried.
6.
Delegations/Presentations
6.1
Use of Force Presentation by Inspector Glen McCloskey
Chief Reid introduced Inspector Glen McCloskey who is in charge of the Patrol Services
Division and has an extensive background in the Use of Force. Inspector McCloskey provided
an overview of the Saint John Police Force Use of Force/Governance and reviewed the relevant
sections in the Criminal Code of Canada. He pointed out that criminal or civil liability may still
occur if a police officer exceeds the limits of the law. Referring to Chapter 6.1 - Policy/Use of
Force in the N.B. Policing Standards he explained that it contains a considerable amount of
information - some of which is a Statement of Principles, National Use of Force Framework,
Medical Emergencies/EDP, Restraints and Less Lethal Weapons, Lethal Weapons and
Training/Re-Certification.
Continuing, Inspector McCloskey spoke regarding the National Use of Force Framework which
was implemented in 1999 and in 2000 was endorsed by CAPB. He explained that in a situation
an officer must always, act, plan and assess what he/she is going to do, he noted sometimes
there is a very limited time to do this and in many cases the situation is quite fluid. He stated
that the Saint John Police Force adopted the N.B. Policing Standards and have enhanced two
areas - reporting procedures and training (firearms and taser). Inspector McCloskey advised
that there has been thirty-five Use of Force complaints since 2003 out of 28,143 arrests (adults
only) and the taser has been discharged only 3 times out of 18 utilizations since 2010. He
noted that utilization means that an officer has removed the taser from his/her holster. He
explained further that there are presently thirty-two officers trained to use the taser and they are
recertified every year. He informed everyone that the tasers used by the Saint John Police
Force contain a camera, and have a purchase price of $1,900 each.
Inspector McCloskey concluded his remarks with a review of the 2014 Use of Force Training
advising that the Saint John Police Force has a Taser Policy and Use of Force Policy.
Responding to questions raised he informed the Board members that all of the 2014 Training
will be done in-house.
Chairman Waldschutz thanked Inspector McCloskey on behalf of the Board for his presentation.
7.
Committee Reports
7.1
CAPB - Saskatoon Meeting Update
Commissioner Franklin provided the Board members with an update on the CAPB Annual
Conference which was held in Saskatoon August 14-17, 2013. The theme for the conference
this year was "Bridging the Gap: Policing and Mental Health".
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September 4, 2013
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Commissioner Franklin advised that there were several presentations related to how police
officers have become the first resort for mental health issues. He commented regarding two
presentations, the first one by Laura Sky, a filmmaker, who has produced a number of
documentaries regarding crisis situations and how police have responded to them. She spoke
concerning one incident in Thunder Bay where she went along with the officers to a home
where a distraught elder man reported that his daughter, who suffered from mental health
issues for many years, had broken into his house, barricaded herself in a room and was
threatening to injure herself. Commissioner Franklin advised that Ms. Skye filmed the reaction
to the incident by the officers, pointing out that he was very impressed how the officers took the
time to gain this woman's confidence as an alternative to lethal force. He stated that this
situation certainly brought to light for him the training and patience that is required by police
officers.
The second presentation that Commissioner Franklin referenced was by Jennifer Martin,
CoHost of Alberta Primetime - CTV Two. Ms. Martin spoke about the changes that she noticed
in her husband when he was on the Tactical Unit for the Toronto Police. She explained how
she should have been more alert to these changes due to the stress that her husband was
experiencing and how this stress lead him to hang himself in their home. Commissioner
Franklin stressed the importance of being aware and knowledgeable of what our police officers
are going through and being prepared to take action.
Commissioner Franklin reported that the new By-law for CAPB passed unanimously at the
Annual General Meeting and that the Board's name will be changing to "Canadian Association
of Police Governance" in the near future. He noted the focus for CAPB will continue to be the
Economics of Policing and Mental Health.
Concluding his remarks, Commissioner Franklin expressed his pleasure informing everyone that
he was elected Vice-President of CAPB for the next year.
8.
Consideration of issues Separated from Consent Agenda
None
9.
General Correspondence
9.1
Internal Monthly Report
Chief Reid reported that during the months of July and August 2013 there were no complaints,
eight complimentary correspondences and no grievances.
On motion of Commissioner Franklin
Seconded by Commissioner O'Brien
RESOLVED that the Internal Monthly Report for the period June 28 - August 28,
2013, be received and filed. (O1309-04)
Question being taken, the motion was carried.
Police Commission Meeting – Open Session
September 4, 2013
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9.2
Procedural By-law
Chairman Waldschutz referred to some of the concerns raised by Board members with respect
to the scheduling of regular monthly meetings. Commissioner G. Norton referenced a media
scrum that took place some time ago between Committee of the Whole and Open Session and
how he felt it impacted that meeting. He pointed out that he is comfortable with the format for
the meetings at the present time.
Commissioner O'Brien referenced the self-evaluation that was completed by the Board
members and expressed the opinion that this matter is something that could be discussed in a
private session with all the Commissioners. Commissioner M. Norton stated that unless there is
a way to further streamline the present process, it seems to be working fine. Chairman
Waldschutz spoke regarding the negotiation process and the amount of time involved in
updating everyone on this issue which sometimes results in the Committee of the Whole Closed
Session going past 5:30 p.m. Commissioner M. Norton inquired if anyone would be interested
in starting Open Session at 6:00 p.m. until the collective bargaining progress is completed.
Following a brief discussion a consensus was reached by all the Commissioners present that
Committee of the Whole Closed Session will continue to commence at 5:00 p.m. and Open
Session at 5:30 p.m.
Chairman Waldschutz informed the members of the media that were present to anticipate
delays in the commencement of Open Session meetings of the Board until negotiations are
completed.
9.3
Inappropriate use of resources complaint
Commissioner G. Norton stated that he has corresponded with Chief Reid regarding this matter
and acknowledged the positive press that it created. He questioned if there was a policy in
place if someone from the public requests the use of police resources for personal matters.
Responding, Chief Reid explained that many requests are received, but basically it comes down
to whether or not it is appropriate for the Force to do it and if resources are available. He noted
the Inspector in charge, at the time, normally deals with these items pointing out that there are
instances where his approval is also required.
9.4
Communications in the event of a high profile incident
Chief Reid commented briefly regarding the recent thief at the bandstand and the receipt of an
email by Commissioner M. Norton who then contacted him for verification. Expressing the view
that this was a publically significant event, Commissioner M. Norton asked that the
communication line always remain open, which Chief Reid confirmed. Chief Reid informed
everyone that he became aware of this incident at approximately the same time as it came to
the attention of Commissioner M. Norton.
9.5
Educational Session - Fiduciary Responsibilities of Boards
Chairman Waldschutz spoke briefly regarding the upcoming education workshop being hosted
by the Saint John Volunteer Centre entitled "Fiduciary Responsibilities of Boards" being
facilitated by Mr. Jeff Burgess who practices corporate and commercial law at Lawson Creamer.
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September 4, 2013
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Chairman Waldschutz asked the Board members to contact Mrs. Ferrar if they wish to attend
this training workshop.
9.6
Posting of Select Police Traffic Enforcement Statistics
On motion of Commissioner G. Norton
Seconded by Commissioner M. Norton
RESOLVED that the Saint John Board of Police Commissioners request Chief Reid to
provide examples where police agencies report traffic enforcement statistics (e.g. speeding) to
the communities they serve and the methods employed to make such statistics publicly
available (e.g. corporate web page); and further that Chief Reid provide a recommendation for
publicly releasing select traffic enforcement statistics on a regular basis by our Saint John Police
Force. (O1309-05)
Commissioner G. Norton stated he is looking for the Chief's direction on this matter noting that
some communities are now releasing traffic enforcement statistics and he believes it is one way
of moving towards an open data policy with data that is permissible.
Commissioner Christie referred to a presentation several months ago at which time it was
decided that the outcomes that the Police Force would be accountable for would be Intelligence
Led Policing, crime reduction and reassurance outcomes. He also referenced the Board's
conversation at that time on how misleading statistics can be if you do not have a clear
methodology on how you collected the data or a discussion on how the data should be
interpreted. He questioned if the release of traffic enforcement statistics would create
confusion, why is it important to do, and finally how does it relate to the outcomes that the Police
Force is accountable to the Board for. Responding, Commissioner G. Norton stated that by
creating our own data stats we are then responsible for measuring our data against our own
comparators, not someone else's, and basically we would be holding ourselves accountable.
Responding, Commissioner Christie expressed agreement but stated that he does not believe it
is a reason for publishing the data. He questioned further what the value was in publishing this
specific data. Commissioner G. Norton commented further that it would be a measurement of
performance expressing the view that the Board should be communicating that the Police Force
is doing its job and by communicating these statistics the Force is accountable to the public.
Expressing the opinion that the Board needs a communication policy, Commissioner O'Brien
stated that the Board does not tell the Police Force what to communicate or how to do it, but
rather we discuss what the ends are. She explained further that if the Board tells the Force how
and what to communicate then we cannot evaluate them because basically we would have to
evaluate ourselves because we are giving the direction. The discussion continued with
Commissioner O'Brien expressing the view that the Board needs a policy on how to
communicate with each other, in addition to setting some overall direction for the Force in terms
of what the Police Commission wants and what the community wants. She reiterated her
request from previous meetings that the Board set aside time to work their way through this
matter with the outcome being a communication policy.
During the discussion Commissioner Franklin stated that he does not see the release of this
information as a measurement of the Force, but rather just making information available to the
public, which he believes is an interesting set of statistics.
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September 4, 2013
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Responding to Commissioner O'Brien's comments, Commissioner G. Norton stated that he
believes one of the components of communication is the publishing of enforcement statistics
and the Police Commission is responsible to ensure that this is done.
Referring to a recent newspaper article regarding ticketing in the City of Saint John,
Commissioner M. Norton spoke in support of the proposed motion noting that it is consistent
with what the City is doing.
Commissioner Christie stated he would like an explanation why this particular set of statistics is
so important to report out to the public, pointing out that by selecting one statistic can result in
misleading the public when we are actually looking at an overall crime strategy.
Question being taken, the motion was carried with Commissioner O'Brien and Commissioner
Christie voting nay.
9.7
Saint John Police Force 2014 and Beyond
(Commissioner Christie withdrew from the meeting.)
Referring to the submitted report Chairman Waldschutz spoke regarding how the Saint John
Police Force, the Police Commission and Common Council are all held in high esteem
provincially and in some matters nationally with respect to strategies, programs, processes,
technologies and policing.
Chief Reid commented briefly advising that the Police Force has scheduled the next strategic
planning cycle to begin in late 2013 which will result in a new Saint John Police Force Strategic
Plan in 2014. He explained that this process will certainly include extensive consultation with
the community and communities of interest, the Police Commission, provincial and national
partners as well as members of the Force. He noted that in preparing this report discussions
have been held with our regional partners - the Rothesay Regional Police and the RCMP
(Grand Bay and related district), and they welcome future discussion on cooperation and
integration consistent with the successful practices implemented to date.
(Commissioner Christie re-entered the meeting.)
Commissioner O'Brien expressed the opinion that the motion proposed in this report echoes
that of former Commissioner David Emerson, suggesting that the Chief, management and the
Force take advantage of synergies where they would be cost neutral or generate revenue. She
suggested that perhaps Mr. Emerson's motion should be amended because the new policy
actively seeks out and creates opportunities rather than just taking advantage of opportunities.
Responding Chief Reid stated that all opportunities will certainly be explored.
On motion of Commissioner G. Norton
Seconded by Commissioner Franklin
RESOLVED that the Saint John Board of Police Commissioners request that the Chief of
Police incorporate in development of the next Police Force Business Plan ...principles and
strategic direction respecting increased cooperation and improved efficiencies, as described in
the submitted report. (O1309-06)
Police Commission Meeting – Open Session
September 4, 2013
Page 9
Question being taken, the motion was carried.
10.
Adjournment
The meeting adjourned at 7:30 p.m.
_________________________________________________________________________
Chairman
Secretary
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