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REPORT

RAPPORT


 

DATE:

 

22 July 2013

TO/DEST:

 

Executive Director, Ottawa Police Services Board

FROM/EXP:

 

Chief of Police, Ottawa Police Service

SUBJECT/OBJET:

RENEWAL OF OC TRANSPO SPECIAL CONSTABLE PROGRAM

 

 

RECOMMENDATIONS

 

That the Ottawa Police Services Board approve:

 

1.        The continuation of the OC Transpo Special Constable Program for a term of five years.

 

2.        The extension of Special Constable status for the 48 existing members of the City of Ottawa Transit Security and Enforcement Section pursuant to Section 53 of the Police Services Act until 30 July 2018.

 

BACKGROUND

 

On 18 December 2006, the Board approved a recommendation from the Chief of Police that, subject to the successful completion of a twelve month pilot project monitored by the Ontario Ministry of Community Safety and Correctional Services, the 39 members of the City of Ottawa Transit Security and Enforcement team be appointed as Special Constables. A Memorandum of Understanding between the Board and the City of Ottawa (Transit Services) was established and signed on 18 December 2006 setting forth the terms and conditions of the Special Constable Pilot Program.

 

Following the Board’s approval, applications for Special Constable appointments were prepared by the Board and forwarded to the Ministry of Community Safety and Correctional Services for ministerial approval.  With the Ministry’s approval of the applications, a swearing-in ceremony took place and the twelve-month pilot project commenced on 01 April 2007 and concluded on 31 March 2008.

 

Subsequent to the completion of the pilot project, a comprehensive review was conducted by a review team comprised of representatives from the Ministry of Community Safety and Correctional Services, the Special Constable Program Manager for the Toronto Police Service, the Ottawa Police Service and the City of Ottawa Transit Services.  Following the review, on 28 July 2008 the Board approved a recommendation that the Ministry of Community Safety and Correctional Services extend the term of Special Constable appointments for the OC Transpo transit law enforcement officers for a term not to exceed five years.  The term of that appointment is set to expire on 30 July 2013.

 

During the pilot project, in accordance with the prescribed Ministry standards, progress reviews of the OC Transpo Safety and Enforcement Special Constable Program were undertaken at the three-month, six-month and twelve-month marks.  At each of the prescribed junctures, a review of the provisions set out in the Memorandum of Understanding was undertaken, with a specific focus on compliance.  A review of all activities was undertaken at each of the sessions, as well as a review of all authorized federal statutes that resulted in arrests, and all provincial statues that resulted in arrests and / or Provincial Offences Notices. They also included a review of Use of Force options that were employed and any public complaints activity and complaints dispositions.

 

At each reporting period, the review team only found it necessary to recommend minor suggestions for improvement.  At the conclusion of the twelve-month pilot project, the review team provided unanimous support for the Program.  The Ministry of Community Safety and Correctional Services indicated that, subject to the PSB’s approval for the five-year term of the Special Constable Program, it would submit a recommendation to the Minister for approval of the five-year extension with enough time for the Special Constable designation not to elapse.

 

As a result, the Board approved a recommendation that the Ministry of Community Safety and Correctional Services extend the term of Special Constable appointment for the OC Transpo Safety and Enforcement officers for a five-year term ending 30 July 2013.

 

DISCUSSION

 

The Board, mandated by the Police Services Act, is tasked with the responsibility of ensuring community safety in the City of Ottawa.  As set out by the Police Service Act, the Board, through its oversight of the OPS, is responsible for providing services to the community that are centered upon:

 

 

The major roles and responsibilities which are currently included in the OC Transpo mandate are summarized below:

 

 

The Board is specifically authorized, through the operation of Section 53 of the Police Services Act, to authorize the appointment of Special Constables for specific terms, according to specific criteria.  In fact, the Board has exercised this authority internally for Court Security and Temporary Detention, as well as externally for the Carleton University Special Constable Program, which has been in place since the 1990’s.  Over the years, the Board has also approved the appointment of Special Constables from the Gatineau Police Service and the RCMP for the use of special joint force operations (JFOs).

 

Special Constables within the OPS are subject to the direct control of the Service’s management team.  Accountability structures are clear.  Those from the Gatineau Police Service and the RCMP are subject to direct control from their respective management structures.  Beyond the OPS and partner police services, the issues of management accountability are with the public sector group that has been provided authority to operate a Special Constable Program.  While the Board is removed from the direct accountability for the designated Special Constables, the Board exercises its authority to administer community expectations by incorporating specific conditions of operation for Special Constable Programs into Memoranda of Understanding, which define roles, responsibilities and accountability.

 

This program continues to be effective in achieving the goals set out in the original December 2006 report to the Board.

 

OC TRANSPO SPECIAL CONSTABLE PROGRAM

 

OC Transpo has operated a distinct Security Operation since 1975.  Since the first sections of the Transit way opened in 1985, the mandate of Transit Law Enforcement began to shift from property protection to protective services for Transit Services system users, employees and assets. 

 

As the transit system expanded and its services diversified, the protective services model has evolved into transit by-law enforcement and crime prevention.  From the transit users’ perspective, there is a clear community expectation that security be provided on the transit system. 

 

The intent of the Special Constable Program is to supplement the duty of law enforcement provided by the Ottawa Police Service by undertaking tasks involving lower level crime or activities that may require law enforcement but not necessarily a police officer.  OC Transpo Special Constables act as a visual deterrence to crime, mitigate risk, and reduce Ottawa Police Service calls for service for transit related incidents.  Over the 5 year program, OC Transpo Special Constables have responded to 90,000 calls for service.  OC Transpo Special Constables are committed to community policing initiatives in partnership with the Ottawa Police Service and share in the community safety objective by assisting the wide-range of transit users.  From a community safety perspective, the OC Transpo Special Constables have been able to address problems around drug use, alcohol consumption and the removal from the transit system of individuals that present a risk. 

 

The current complement of the OC Transpo Safety and Enforcement Section consists of 48 sworn personnel specially trained to meet the unique challenges of securing an urban transit environment.  All OC Transpo Special Constables receive specialized training in emergency management, rail safety, and “right of way” railway safety training. This specialized training enhances the abilities and skills necessary for Special Constables to effectively work with the Ottawa Police Service towards a shared responsibility for community safety of transit users and employees.  

 

Figure 1:  Calls for Service by OC Transpo Enforcement Unit

 

Workload measurements illustrated in figures 1 & 2 demonstrate the calls for service taken by OC Transpo Saftey and Enforcement Unit.  The calls for service have increased by approximately 8,800 calls since the five year program began.

 

Over the last five years, the Special Constable program has been an important safety and security feature on OC Transpo properties and vehicles.  It enhances the safety and security of Transit users and is a strong partner of the OPS.  From the outset, the program focused on tracking its performance and call volume in order to understand the value of the program to the public.  OPS members work closely with the Special Constables.  Special Constables are often on scene first for a variety of minor and more serious crimes ranging from assaults, robberies, mischief and thefts.

 

OPS members participate in joint enforcement operations with the Special Constables throughout the year targeting illegal activity on transit vehicles and properties.

 

The Special Constables handle a significant number of public disorder and safety issues, patrol areas not normally enforced by the OPS, provide enhanced security and enforcement in 32 Transit way stations, Park and Rides and 30 km of bus only segregated Transit way routes.

 

Without this program, the workload would largely be transferred to the OPS.

 

Figure 2:  Criminal Code offences responded to by OC Transpo Enforcement Unit by Year

 

The above graph shown as figure 2 represents Criminal Code related calls for service to the OC Transpo Safety and Enforcement Section that have nearly doubled since 2008.  These calls include but are not limited to crimes against persons, crimes against property, traffic offences and controlled drugs.

 

The data that has been collected sometimes does not accurately describe some of the singular acts of excellent service that the Special Constables provide.  As an example, in the early hours of 20 January 2013, a young student walking home from downtown was followed by an individual onto the Transit way and attacked.  During this act two OC Transpo Special Constables who were on routine patrol arrived on the scene. The two came to the aid of the young woman, who was able to break free of the attacker. The Special Constables detained the suspect until OPS could take over custody.  Subsequently, charges of Sexual Assault were laid against the male.

 

CONSULTATION

 

Not applicable.

 

FINANCIAL STATEMENT

 

Not applicable.

 

RECOMMENDATION

 

Based on the history of cooperation between OC Transpo and the Ottawa Police Service, the appointment and designation of Special Constables have maximized the effectiveness of resource allocation for both agencies, strengthened crime prevention, and improved community safety for the city of Ottawa’s nearly 101,000,000 riders.  As such, this report is recommending the extension of Special Constable status for the 48 existing members of the City of Ottawa Transit Safety and Enforcement Section pursuant to Section 53 of the Police Services Act until 30 July 2018.

 

The OPS and OC Transpo are satisfied with the current resources assigned to the program.  As part of the Confederation Line operational readiness, OC Transpo will assess the resourcing level needed and recommend any adjustments in the future.

 

Staff at the OPS is recommending the continuation of the Special Constable Program with OC Transpo as their partnership has proven to be valuable.

 

CONCLUSION

 

As noted above, the Board is mandated to ensure community safety, and partnerships that enable and enhance this mandate are of great importance to the Board. While OC Transpo has provided a security and enforcement function for system users, personnel and assets since 1975, its mandate has been enhanced by the Special Constable Program through their training, partnership with OPS and with their ability to issue Provincial Offence Notices and address public disorder issues.

 

The commitment of OC Transpo Transit Law Enforcement towards community safety, ranging from technology investments, crime prevention programs, and security and enforcement initiatives has positioned them as highly regarded in the field.  They continue to research best practices on a local and a national level and continue to work with the OPS in calls for service analysis, joint enforcement initiatives and emergency response strategies.

 

 

 

(Original signed by Acting Chief Keeley on behalf of)

 

Charles Bordeleau

Chief of Police

 

Responsible for report:  Deputy Chief Ed Keeley