Hamilton Police Services Board

Thursday, June 11, 2020 at 1:00 P.m. - 5:00 P.m.

Due to the COVID-19 and the Closure of City Hall

All electronic meetings can be viewed at:

City’s Website: https://www.hamilton.ca/council-committee/council-committee-meetings/meetings-and-agendas

City’s YouTube Channel: https://www.youtube.com/user/InsideCityofHamilton or Cable 14

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1.

Call to Order

1.1

 Changes to the Agenda

2.

Public Presentations & Deputations

2.1

Pride in Hamilton: An Independent Review Into the Events Surrounding Hamilton Pride 2019 (dated June 8, 2020) - Scott Bergman of Cooper, Sandler, Shime & Bergman LLP

2.2

COVID-19 - Eric Girt, Chief of Police (verbal update)

2.3

New Investigative Services Building Update - Anna Filice, CAO Hamilton Police Service (verbal update)

3.

General

3.1

Declarations of Interest

4.

Consent Agenda

4.1

Approval of Consent Items

That the Board approve and receive the consent items as distributed.

4.2

Adoption of Minutes - March 12, 2020

That the minutes of the meeting held Thursday, March 12, 2020, be adopted as printed.

4.3

Correspondence from Scott Bergman, Cooper, Sandler, Shime & Bergman LLP re: Independent Review of the Events Surrounding Hamilton Pride 2019 (Electronic approval of this request and media released occurred on April 7, 2020)

That the Board support the change of date for the release of the Independent Review Final Report to June 1, 2020, at the earliest; and

That following the approval of the change of date, a media release be provided with the attached correspondence from Mr. Scott Bergman.

4.4

For the Information of the Board:

4.4.a

Service Complaint - Professional Standards Branch File PCS2019-004 / 005 / 007 (PSB 19-108) (The Hamilton Police Services Board has approved that this report be made public)

4.4.b

Year-End Report: Hamilton Police Service – McMaster University Partnership – 2019 (PSB 20-023)

4.4.c

Auction Account Expenditures - For Board Approval, January - March, 2020 (PSB 20-024)

4.4.d

Year-End Report: Victim Services Branch - 2019 (PSB 20-025)

4.4.e

Year-End Report: Professional Standards Branch – 2019 (PSB 20-032)

4.4.f

Year-End Report: Youth Crime – 2019 (PSB 20-034)

4.4.g

Year-End Report: Traffic Statistics – 2019 (PSB 20-036)

4.4.h

Year-End Report: Communications – 2019 (PSB 20-037)

4.4.i

Crisis Response Branch – 2019 Year-End Report (PSB 20-038)

4.4.j

2019 Year-End Budget Variance Report (PSB 20-046)

4.4.k

Budget Variance Report as at March 31, 2020 (PSB 20-047)

4.4.l

Capital Project Status Report as at March 31, 2020 (PSB 20-048)

4.4.m

Correspondence from the Ministry of the Attorney General with respect to key financial supports related to COVID-19

4.4.n

Correspondence from the Ontario Human Rights Commission with respect to a statement on Integrity Commissioner’s determination on part-time Commissioner conflict of interest

4.4.o

Correspondencefrom the Canadian Association of Police Governance with regards to a call for nominations: 2020 Emil Kolb Award of Excellence in Police Governance

4.4.p

Communication from the Ontario Superior Court of Justice Divisional Court with respect to a judgement between Paul Martin and the Durham Regional Police Services Board and the Ontario Civilian Police Commission

4.4.q

Correspondence from Andrew Bell with regards to Hamilton Police Services search warrant application processes

4.4.r

Correspondence from Rachel Cuthill with regards to Hamilton Police Services

4.4.s

Correspondence from Mariel Rutherford with regards to concerns regarding policing in Hamilton

4.4.t

Correspondence from Elliot Classen with regard to police violence and anti-black racism

4.4.u

Correspondence from Kim Dunlop with regards to important topics for the Hamilton Police Services Board meeting on June 11th

4.4.v

Correspondence from Ashley Watson with regards to police violence and anti-black racism

4.4.w

Correspondence from Jonah Kamphorst with regards to concerns about the Hamilton police

4.4.x

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Firearm Data Submission under the Police Services Act

4.4.y

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Bill C-75 Changes to s. 145 of the Criminal Code

4.4.z

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Anti-Human Trafficking Strategy

4.4.aa

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Ontario License Plates

4.4.ab

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Adult Correctional Facilities in Response to COVID-19

4.4.ac

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division,Ministry of the Solicitor General, with respect to Information to Support Police Operations – Novel Coronavirus (COVID-19)

4.4.ad

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Declaration of a Provincial Emergency and Enforcement of Emergency Orders

4.4.ae

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Set Fines for Offences underthe Emergency Management and Civil Protection Act

4.4.af

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Extension of Expiries of Products & Services in response to COVID-19

4.4.ag

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Update on the Ontario Police College

4.4.ah

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Ontario Court of JusticePandemic Planning Update

4.4.ai

Memorandum from Marc Bedard, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Assistant Deputy Minister Announcement

4.4.aj

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to  Prioritizing Police Record Checks

4.4.ak

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Guidance to Police Services Boards Regarding Meetings 

4.4.al

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Correctional Institutions and Parole Board Operations during COVID-19 

4.4.am

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, Ministry of theSolicitor General, with respect to Use of N95 Masks for Frontline Policing Personnel 

4.4.an

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, Ministry of theSolicitor General, with respect to Basic Constable Training (BCT) Returning Recruits 

4.4.ao

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division & Public Safety Training Division, Ministry of theSolicitor General, with respect to Enforcement of Emergency Orders under Emergency Management & Civil Protection Act

4.4.ap

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Continuing Essential Businesses and the Closing of Other Workplaces 

4.4.aq

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, Ministry of theSolicitor General, with respect to Ontario Court of Justice Notice Limiting Access to Courthouses 

4.4.ar

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to COVID-19 Enforcement Support Line 

4.4.as

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Social Gatherings and Organized Public Events 

4.4.at

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, Ministry of the Solicitor General, with respect to Fact Sheet on Use of Expired N95 Masks 

4.4.au

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Update on the Extension of Expiry of Driver, Vehicle & Carrier Products & Services in Response to COVID-19

4.4.av

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Offence for Failure to Provide Identifying Information for Enforcement of Violations of Emergency Orders 

4.4.aw

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Expansion of MTO Enforcement Officer & Maintenance Staff Powers to Assistant in Direction Traffic in an Emergency 

4.4.ax

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to The Quarantine Act (Canada) & Mandatory Isolation Order 

4.4.ay

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Extension of the Declaration of Emergency & Updates on Emergency Orders 

4.4.az

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Clarification on the Extension of the Six-Day Requirements to Register a Vehicle in Ontario 

4.4.ba

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Update of Essential Businesses, Requirements to Businesses & the Closing of Non-Essential Businesses 

4.4.bb

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Disclosure of COVID-19 Status Information by Laboratories & Public Health Units 

4.4.bc

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Basic Constable Training (BCT) May 2020 Intake - Update 

4.4.bd

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Authorized Users for Disclosure of COVID-19 Status Information to Communication & Dispatch Centres 

4.4.be

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Changes to Use of Force and Firearms Training Requirements During Declaration of Provincial Emergency 

4.4.bf

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to O.Reg. 128/20 - Pick Up and Delivery Cannabis 

4.4.bg

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Collection of Enforcement Data Related to Emergency Orders under the Emergency Management & Civil Protection Act 

4.4.bh

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Launch of the First Responders COVID-19 Risk Look-Up Web Portal 

4.4.bi

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Emergency Temporary Regulation to Extend Accessible Parking Permit Validity Dates 

4.4.bj

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Update on COVID-19 Preparations & Actions to Manage Disease Spread 

4.4.bk

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Clarification of Application O. Reg. 104/20: Closure of Outdoor Recreational Amenities to Beaches 

4.4.bl

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Updates on Quarantine Act (Canada): Compliance Verifications and Contraventions Regulations 

4.4.bm

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Update on Private Security & Investigative Services 

4.4.bn

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Police Week 2020 May 10-16, 2020 Provincial Theme "Leading the way to safer communities" 

4.4.bo

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to O. Reg. 98/20: Emergency Order on Price Gouging and Referrals to Police Services 

4.4.bp

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Commercial Drivers License Waiver & Reduced Load Period Exeption 

4.4.bq

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Victim Quick Response Program+ During COVID-19 

4.4.br

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to The Role of the Safety Officer in the Incident Management System 

4.4.bs

Memorandum from Richard Stubbings, Assistant Deputy Minister,Public Safety Division and Public Safety Training Division, with respect to Issues Related to the Protection of Person Administering and Enforcing the Law 

4.4.bt

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Crime Gun Submissions to the Firearms Tracing & Enforcement (FATE) Program 

4.4.bu

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Staffing Resources Reporting 

4.4.bv

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Extension for Community Safety & Well-Being Planning Deadline 

4.4.bw

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to  Bill C-75 / Appearance Notice (Form 9), Undertaking (Form 10) and Other Forms

4.4.bx

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to First Responders COVID-19 Risk Look-Up Tool Web Portal:Protection of Personal Health Information & Appropriate Use 

4.4.by

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Update on the Prosecution of Provincial Offences Act Charges Laid Alleging Violations of the Emergency Management

4.4.bz

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Updates to O. Reg. 82/20: Certain Businesses Allowed to Open; Strict Health and Safety Guidelines  

4.4.ca

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to with respect to Government of Canada Ban on Assault-Style Firearms  

4.4.cb

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Updated COVID-19 Screening Guidance for Communication and Dispatch Personnel 

4.4.cc

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Additional Resources on the Quarantine Act (Canada) 

4.4.cd

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Chief Coroner Communique on the Approach to ManagingNatural Death Surge in the Community During COVID-19 Outbreak 

4.4.ce

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Valid Ontario License Plates  

4.4.cf

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to  Modification of Restrictions for Retail Stores and EssentialConstruction (Operation Under Strict Safety Guidelines)

4.4.cg

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Upcoming Temporary eHub for Electronic Intake  

4.4.ch

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Amendments to O. Reg. 82/20 (Golf Courses, Marinas,Campgrounds and Boarding/Kennels/Stables) 

4.4.ci

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Religious Gatherings & Enforcement Considerations for O.Reg. 52/20 under the Emergency Management Act

4.4.cj

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to A Framework for Reopening Our Province – Stage 1 and Outdoor Recreational Amenities   

4.4.ck

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Training on Policing Functions under the Police Services Act 

4.4.cl

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Correctional Facilities, Court Administration and Policing Functions  

4.4.cm

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to New Standards for Reporting Collisions Involving Electric Kick-Style Scooters (also known as E-Scooters) 

4.4.cn

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to to New Process for Ordering Appearance Notice (Form 9) 

4.4.co

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Distracted Driving Exemptions 

4.4.cp

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Serious Fraud Office 

4.4.cq

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Funeral Services during the COVID-19 Pandemic 

4.4.cr

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Recent Changes to Emergency Orders 

4.4.cs

Memorandum from Richard Stubbings, Assistant Deputy Minister, Public Safety Division and Public Safety Training Division, with respect to Basic Constable Training (BCT) Program 

4.4.ct

Outstanding Issues as of June 11, 2020

5.

Discussion Items

5.1

Extension Application Pursuant to Section 83(17) of the Police Services Act – OIPRD Complaint Investigation – Constable Paul Manning Badge  #835 (PSB 20-015) (The Hamilton Police Services Board has approved this report & Appendix 'A' be made public)

5.1 a.     That the Hamilton Police Services Board receive for processing the Application for Extension of the six-month time period for the service of a Notice of Hearing against Constable Paul Manning regarding allegations of misconduct under Part V of the Police Services Act, as amended.

5.1 b. Correspondence from Sam Merulla dated March 4,2020

5.1 c. Correspondence from Belchior Arruda on behalf of Mr. Manning dated March 4, 2020

5.1 d. Correspondence from Sam Merulla dated April 8, 2020 

5.2

Dedicated City-Wide Traffic Enforcement Unit and School Bus Enforcement Cameras

That the Board approve correspondence from Chief Eric Girt dated March 24, 2020 with respect to Item 5 of the Public Works Committee Report 20-022 City of Hamilton Vision Zero Action Plan 2019-2025 Update (PW19015(a)) (City Wide) (Item 10.1); and

That the Board approve this correspondence be forwarded to the City of Hamilton to the attention of Legislative Coordinator Alicia Davenport and copied to General Manager Dan McKinnon and Administrative Coordinator Nancy Wunderlich.

5.3

Hamilton Accident Support Services LTD. - Collision Reporting Centre: Five (5) Year Agreement (PSB 03-015f)

That the Hamilton Police Services Board enter into an Agreement with Hamilton Accident Support Services Ltd. (HASSL), by which HASSL will provide collision reporting services to the Hamilton Police Service (HPS) as defined in the said Agreement, for a five (5) year period, commencing on July 1, 2020 and ending June 30, 2025; and

That the Chair and Administrator of the Board be authorized and directed to enter into said Agreement in a form satisfactory to Legal Counsel.

5.4

2019 Year-End Surplus Allocation Plan (PSB 20-049)

That the Hamilton Police Service Board (Board) approve the Allocation Plan for the 2019 Operating Budget favorable variance (surplus) of $1,425,221.

5.5

Police Station 40 - Waterdown (PSB 20-052)

That the Hamilton Police Service Board (HPSB) approve the construction of a new Police Station 40 in partnership with Hamilton Fire Department (HFD) for a combined Police and Fire facility; and

That the Board request the City of Hamilton (City) to confirm and include the construction of a new Police Station 40, as part of and in partnership with the HFD approved Waterdown Fire station, in the 2021 Capital Budget; and

That the funding of the Police portion of the proposed combined facility, estimated to be $8M, be funded from the City’s Police Development Charges (DC) reserve; and

That the Hamilton Police Service (HPS) review and analyze the annual operating budget impact for Station 40 and report back to the Board for review and approval.

6.

New Business

At the Ontario Association of Police Services Boards’ (OAPSB) Annual meeting held on May 29, 2020, Don MacVicar was nominated and confirmed as a Director for the OAPSB.

7.

Adjournment

The Police Services Board will adjourn the Public portion of the meeting and reconvene in camera for consideration of private and confidential matters.