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". Police Commission Meeting – Open Session September 4, 2013 Page 5 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 Page 6 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. Police Commission Meeting – Open Session September 4, 2013 Page 7 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. Police Commission Meeting – Open Session September 4, 2013 Page 8 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