After several costly years of city officers being suspended with pay, Mayor Steve Black with support of the Police Services Board formally proposed three amendments to the Police Services Act of Ontario on Monday evening.
These amendments would allow the Chief of Police the discretion to suspend an officer without pay when:
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A police officer is charged with a serious offense contrary to the Criminal Code of Canada, the Controlled Drugs and Substances Act or any other Act, that is not related to the performance of the officer's duties, or
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A police officer is charged with an offense and is held in custody, or is charged with an offense and is subject to a judicial interim release order with such conditions that prevent the officer from carrying out the duties of a police officer,
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And to provide the Chief of Police with the authority to reduce the with pay component of the suspension by 25 percent every three months on the understanding that if the police officer is found not guilty that they be fully reimbursed any loss of wages during the suspension.
Black explained the motion to council.
“This was a resolution discussed and voted upon at the last police board meeting and carried, and it has been forwarded to council for their review and support hopefully, if council desires, it will be brought back in the form of a resolution at the next meeting,” he said.
This prompted an immediate and unyielding response from Ward 4 Councillor Pat Bamford.
“I understand the frustration in the community about people being off work or suspended with full pay, sitting at home watching television or whatever, but I’ll be hard pressed to support this. To me, it flies in the face of what Canadians stand for, and that is you’re innocent until proven guilty in a court of law,” he said.
After outlining the potential fallout of someone being suspended without pay, including loss of home and family breakups, Bamford suggested an alternative.
“We find a way to have said officer do some work in the so-called ‘desk job’, do some research or whatever that is available, if that is at all possible considering the charge. So then, the taxpayer is getting something for their money. But suspensions without pay to me, is very bad. I could never support that,” said Bamford.
Ward 1’s Andre Grzela then asked Mayor Black if the decision made by the Police Board was unanimous. Black firmly stated it was.
“I appreciate your comments councillor (Bamford), however there are many heads that decided this, unanimously on the board. To me, right now as it stands, I would support something like this,” said Grzela.
Black emphasized that the decision to suspend an officer without pay would be at the discretion of the police chief and offered Bamford some context.
“While it may seem reasonable to assign someone a desk job, they’d still be carrying out the duties of a police officer or working close to other members of the police, and depending on what the charges are, that may not be an appropriate situation,” said Black.
Councillor Noella Rinaldo suggested that the decision to suspend should be made by the entire Police Board, not just the chief.
Councillor Rick Dubeau expressed his apprehension of the proposal.
“I seriously doubt that the province would change this. Everybody is allowed due process. I wouldn’t support this as worded, but it’s a good start,” he said.
Grzela, who works with Timmins James-Bay MPP Gilles Bisson, provided his perspective pertaining to provincial politics.
“When it comes to the province, there’s nothing wrong with aiming high and receiving an offer at a lower standard. I’m seeing it that way. Having this 100 percent approved by the province? They’re going to come back with a counter offer, if anything,” he said.
Bamford then re-iterated his complete disdain for the proposed amendments.
“We wouldn’t be aiming high on this, we’re aiming bottom. This is a human rights issue and I would be highly disappointed if this request lasted more than a nanosecond on a Minister’s desk. I’d be disturbed if it did. The Chief or the Board are not the jury in this individual’s case. I don’t want my name associated anywhere near this,” he said.
It became clear the vote would split, so Mayor Black stated that city administration will review and possibly re-word the proposed amendments, and bring them back to council for consideration in the near future.
