Report for Executive Committee September 21, 2005 meeting.webdocs.edmonton.ca/occtopusdocs/Public/Complete... · Web viewSep 21, 2005 · Escorted access to regular areas. No access

Agenda Item No.: E.1.b. C

Edmonton Police Governance Audit: Recommendations #12, #13, #14 and #15 -- Enhanced Security Checks

Recommendation:That the motion under Option __ be approved.

Report SummaryThis report outlines options for Council to consider in relation to requiring security checks for some or all members of the Edmonton Police Commission. The report also provides draft procedures that would be followed in conducting enhanced security checks should Council choose that option. This report has been drafted in response to Recommendations 12, 13, 14 and 15 of the Edmonton Police Governance Audit. Amendments to City Policies C472 and C473, if required, will be brought forward subsequent to Council’s decision on this matter.

Previous Council/Committee ActionOn May 31, 2005, City Council received for information the City Auditor’s report, which included the Edmonton Police Governance Audit.

Options for Council’s Consideration Option 1 – if Council supports the City

Auditor’s recommendation that citizens and Members of Council serving on the Commission be subject to enhanced security checks for appointment and re-appointment to the Commission, Council may move:

o That enhanced security checks be conducted prior to the appointment and re-appointment of all members of the Edmonton Police Commission.

Option 2 – if Council decides to apply enhanced security checks to the appointment and re-appointment of only citizen members, Council may move:

o That enhanced security checks be conducted prior to the appointment and re-appointment of all citizen members to the Edmonton Police Commission.

Option 3 – if Council decides to apply enhanced security checks to only the initial appointment of citizen members, Council may move:

o That enhanced security checks be conducted prior to the appointment of all citizen members to the Edmonton Police Commission.

Option 4 – if Council decides to continue with the current practice of regular security checks prior to initial appointment, and decides Members of Council appointed to the Commission also be subject to security checks, Council may move:

o That regular security checks be conducted prior to the appointment of all members of the Edmonton Police Commission.

Option 5 – if Council decides to maintain the status quo with no adjustments, Council may move:

o That the requirement of a regular security check prior to the initial appointment of citizen members of the Edmonton Police Commission be continued.

Routing: Executive Committee, City CouncilDelegation: D. H. Edey/J. MasonWritten By: V. GundersonSeptember 8, 2005 Office of the City ManagerFile: 2005CMC035 (Page 1 of 4)

E1b

C

Edmonton Police Governance Audit: Recommendations #12 and #13 -- Enhanced Security Checks

Report The City Auditor’s report on the

Edmonton Police Governance Audit included the following motions dealing with enhanced security checks:

#12 – that the Office of the City Clerk prepare revisions to Policy C472B so that Enhanced Security Clearances are conducted and the information considered before Council appoints an applicant as a Police Commissioner.

#13 – that the Office of the City Clerk prepare revisions to Policy C473B so that Enhanced Security Clearances are conducted and the information considered before Council appoints a Councillor as a Police Commissioner.

#14 – that the Office of the City Clerk prepare revisions to Policy C472B so that Enhanced Security Clearances are conducted and the information considered before re-appointing an applicant as a Police Commissioner. This should be updated at a minimum of every three years.

#15 – that the Office of the City Clerk prepare revisions to Policy C473B so that Enhanced Security Clearances are conducted and the information considered before re-appointing a Councillor as a Police Commissioner. This should be updated at a minimum of every 3 years.

The City Auditor has recommended that the level of scrutiny for all members of the Edmonton Police Commission be at least equal to the level of scrutiny conducted

for all members and staff of the Edmonton Police Service – that of conducting enhanced security checks. It is worth noting however that the recommended requirement for enhanced security checks prior to re-appointment to the Edmonton Police Commission exceeds that of the service as a check of members and staff of the Police Service is only conducted upon the initial hiring.

The City Auditor recommends that enhanced security checks be conducted on all Commissioners at least every three years. It would however be most effective if further checks were done in conjunction with the re-appointment of Commissioners.

The Office of the City Clerk has worked with the Office of the City Auditor, and the Investigative Services Bureau of the Edmonton Police Service, to develop a possible procedure to implement the recommendations.

A side-by-side comparison between the current recruitment procedures for conducting regular security checks and conducting enhanced security checks is outlined in Attachment 1.

The key elements of conducting enhanced security checks are:o Council makes appointments

contingent on the return of an acceptable enhanced check.

o Only candidates recommended for appointment are required to submit to an enhanced security check.

o Enhanced security checks take longer to process and have two parts: Part one of the enhanced security

check takes from two to four

(Page 2 of 4)


weeks and would be processed between Council’s selection of a candidate and the announcement of the appointment. Candidates that are not cleared would not be appointed to the Commission. Council would need to select a different appointee.

Part two of the enhanced security check (finger print query) takes up to four months to complete and will be processed after the appointment has been made. Appointees that could not be cleared may need to be removed from the Commission.

If enhanced security checks are required, the additional time required will be built into the recruitment procedures. The information outlined in Attachment 2 will be included in application packages.

If Council approves the use of enhanced security checks for all members of the Edmonton Police Commission, Attachment 3 outlines the procedure that will be adopted by the Edmonton Police Service. The procedure is designed to ensure the privacy of individuals and for decisions to be made at a level in the Police Services that is unlikely to have direct contact with Commission members.

The Edmonton Police Service has indicated that if conducting enhanced checks is not approved, members of the Edmonton Police Commission will cease to have unlimited access to police facilities. Commissioners would then access Police facilities the same as any visitor, with escort and upon appointment, depending on the individual they wish to meet with. However limiting access may

be difficult to ensure and may place police personnel in a conflict position with Commission members.

The Edmonton Police Service has indicated that the greater concern is that enhanced security checks are designed to protect the safety of the Edmonton Police Service employees, the integrity of investigations and other operational issues. Not conducting enhanced security checks may place the service at risk.

In addition to responding to the City Auditor’s recommendations, an option has been provided for Council to discuss whether or not regular security checks should apply to Council members serving on the Commission. Currently, regular security checks are only required for citizen member appointments.

Other Municipal Police Commissions A survey of other Municipal Police

Commissions was conducted to find out the processes they follow.

The survey indicates that security checks are conducted as follows:o Ottawa and Toronto Police Boards

Council Members – none Citizens – regular security checks

o Vancouver Police Board Council Members – none Citizens – regular security checks

o Calgary Police Commission Council Members – none Citizens – regular security checks

The findings are outlined in Attachment 4.

(Page 3 of 4)


Edmonton Police Commission Comments A response to this report from the

Edmonton Police Commission is attached (Attachment 6).

The Commission is recommending that all Commissioners, including Councillors, be subject to a regular security check prior to initial appointment only and that Commission staff be subject to enhanced security checks prior to hiring.

The Commission also recommends that Commissioners be given the option of submitting to an enhanced security check. It is however the opinion of the Office of the City Clerk that allowing an option would be difficult to administer through the recruitment process as there are different time requirements for each type of security check.

Justification of RecommendationCouncil is being asked to provide direction on whether or not citizen and Council member appointments to the Edmonton Police Commission should be subject to a security check, and if so at what level that security check should be conducted.

Background Information Attached1. Recruitment Processes – Regular Security

Checks vs. Enhanced Security Checks2. Information on Enhanced Security Checks

to be Provided in Application Packages 3. Proposed Edmonton Police Service

Procedure for Conducting Enhanced Security Checks on Edmonton Police Commission Members

4. Security Checks – Comparison to Other Municipalities

5. Recommendations of City Auditor6. Edmonton Police Commission Comments

Others Reviewing this Report Edmonton Police Commission

(Page 4 of 4)

Attachment 1

Recruitment Processes – Regular Security Checks vs. Enhanced Security Checks

Current Process for Conducting Security Checks of Short-Listed Applicants to the Edmonton Police Commission

Process for Conducting Enhanced Security Checks of Members Conditionally Appointed to the Edmonton Police Commission

Council determines candidate short list. Council determines short list.Consultant contacts short listed candidates and arranges for the completion of security check requests – consultant will visit candidates at their office and make herself available after hours.

Council interviews applicants.

Council’s consultant gathers the information and submits the request.

Council makes conditional appointment.

Security office conducts search and provides, an initial e-mail to indicate clear/not clear for each candidate and then follows with providing stamped checks to the Consultant.

Consultant contacts appointee and arranges for a meeting between the appointee and the Human Resources Division’s Inspector of the Edmonton Police Service.

Council notified if an security check was not clear. Inspector will gather information and submit the request.

Council interviews applicants Security office conducts search – upon completion of Part 1 of check, letter is provided to applicant to provide to the Office of the City Clerk. The applicant must provide the letter to the City Clerk as a record, or must withdraw from the process.

Council makes appointment. Appointment is announced if check is clear.Upon announcement of successful candidate and with the appointee’s permission, security check is provided to the Edmonton Police Commission.

Upon announcement of successful candidate there will be no need to provide the letter to the Edmonton Police Commission.

Edmonton Police Commission uses completed security check to request Edmonton Police Service to issue identification and access card to new Commissioner Edmonton Police Commission keeps original security check.

Edmonton Police Commission will retain the letter and use to request Edmonton Police Service identification and access card to the Commissioner.

Office of the City Clerk destroys security checks from unsuccessful candidates after two years.

If a letter is provided with “not clear”, the Office of the City Clerk will destroy the letter after two years.

Security office bills Office of the City Clerk. No cost for enhanced security checks.Time required to conduct regular security checks = 2 to 7 days (depending on the number of checks)

Time required to conduct enhanced security checks = Part 1, 2 to 4 weeks Part 2, up to 4 months

Attachment 1 - Page 1 of 1

Attachment 2

Information on Enhanced Security Checks to be Provided in Application Packages

Currently, applicants to the Edmonton Police Commission are provided with the following:

Recruitment Profile Overview of the Edmonton Police Commission Edmonton Police Commission Bylaw 9304 Application Form

If Enhanced Security Checks are to be conducted, applicants will also receive:

A sample of an Enhanced Security Clearance form A copy of the Enhanced Security Questions for Edmonton Police Commission Members

(as outlined in the remaining pages of this Attachment 2) A copy of the Edmonton Police Service process to conduct Enhanced Security Checks for

Edmonton Police Commission Members (as outlined in Attachment 3 to this report)


Attachment 2


ENHANCED SECURITY QUESTIONSfor the

Edmonton Police Commission

NAME OF APPLICANT: ____________________________________ DATE: _____________

1. Have you ever used any First / Middle or Last name(s) other than what you have listed on the Enhanced Security Check for EPS-Related Duties form?(This includes maiden, all married, aliases and / or legal name change.)

Yes: _________ No: ________

If yes, list all other names ever used.

Last First Middle___________________________ __________________ _________________________________________________ __________________ _________________________________________________ __________________ _________________________________________________ __________________ ______________________(If more space is needed, please make a notation “See Over” and write on the back side of this page.)

2. Have you ever been charged with a criminal offence? (This may include Impaired Driving, Dangerous Driving, include more examples other than driving convictions).

Yes: _________ No: ________

If yes, what was the charge? ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

When was the charge? _______________________________________________________________________________________________________________________________

What were the circumstances, and who all was involved? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What was the outcome or disposition? If convicted, have you received a pardon? _____


Attachment 2


________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. Have you ever had any dealings with this or any other Police agency? (This may include victim complainant, suspect, traffic violations, investigations, alternative measures, extrajudicial sanctions, noisy or out-of-control parties, collisions, tickets, witness, reporter, etc.)

Yes: _________ No: ________

If yes, please explain _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. Have you ever been involved in any criminal activity?

Yes: _________ No: ________


5. Have you ever had any dealings with or been involved with any criminal groups or organizations?

Yes: _________ No: ________

If so, what are they – groups, organizations, or activities? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

6. Have you ever pawned any property? What type of property? Why?


Attachment 2


Yes: _________ No: ________

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

7. Are you involved in any activities that would be an embarrassment to the Edmonton Police Commission?

Yes: _________ No: ________


8. Have you ever been present when a family member, friend or associate was charged with a criminal offence?

Yes: _________ No: ________


Do you still have contact? _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What have you done to distance yourself from this person? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. Have any family members or associates ever been charged with a criminal offence?

Yes: _________ No: ________

If yes, please explain _____________________________________________________


Attachment 2


____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Do you still have contact? _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

What have you done to distance yourself from this person? ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

10. Have you ever been present when family members, friends or associates had any dealings with this or any other Police agency (e.g. alternative measures, extrajudicial sanctions, noisy or out-of-control parties, tickets, calling the police, investigations, suspect, collisions, witness, other contact with police, etc.)

Yes: _________ No: ________


11. Are any of your family members or associates, to your knowledge involved in any type of criminal activity, gangs, or organizations?

Yes: _________ No: ________

If yes, what gangs, organizations, activities? _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

12. Are any of your family members or associates involved in any activities that would be an embarrassment to the Edmonton Police Commission?

Yes: _________ No: ________

If yes, please explain _____________________________________________________


Attachment 2


____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

13. Do you have regular contact with all family members listed? ___________________________________________________________________

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Are you a Canadian Citizen, or do you have landed immigrant status? (Check one)

Canadian Citizen

Landed immigrant

Other _____________________________

Questions Asked By: ____________________________________


Attachment 3

Proposed Edmonton Police Service Procedure for Conducting Enhanced Security Checks on Edmonton Police Commission Members

CHAPTER M

ENHANCED SECURITY CHECKS for

EDMONTON POLICE COMMISSION MEMBERS

All applicants recommended by Edmonton City Council for appointment to the Edmonton Police Commission are subject to an enhanced security check, as directed by Edmonton City Council, prior to appointment.

The enhanced security check shall involve a two-stage search process for the applicant and their immediate family members conducted by the Police Information Check Unit and Intelligence Analysis Unit. Fingerprints from the applicant will be obtained, queried through AFIS and forwarded to the National Repository in Ottawa for query only. When returned, they are to be placed within the applicant’s file.

1. Procedure

(A) The Office of the City Clerk, or its delegate, shall make appointments for all applicants recommended by Edmonton City Council for appointment to the Edmonton Police Commission to meet with Human Resources Division’s Inspector i/c Employee Services Branch for the purpose of completing an enhanced security check application. The applicant will be informed, at the time the appointment is set, that the enhanced security check process involves:

(1) Completion of an Enhanced Security Questions for the Edmonton Police Commission form.

(2) An interview regarding the information disclosed on the Enhanced Security Questions for the Edmonton Police Commission form.

(3) Completion of an Enhanced Security Check for EPS-Related Duties Only form. The applicant must bring two pieces of identification in the form of a valid government issued identification that has both their name and date of birth such as a: Driver's License, Passport, Birth Certificate or Alberta Health Care Card. One piece must be picture ID.

(4) The applicant, their spouse, common-law, significant other, parents, children over the age of 12 years, brothers, sisters, step-relatives, and room-mates must be included on the form and will be checked against PROBE, CPIC, JOIN, PIRS and an intelligence search. The applicant must come prepared with complete names (birth name, all names ever used) and dates of birth for the above mentioned individuals.

(5) The applicant’s fingerprints will be obtained, queried through AFIS and forwarded to the National Repository in Ottawa for query only. Fingerprints will be returned and held on file with the enhanced security check file only and not in any automated database. The EPS has no control over the time it takes the RCMP to complete the National Repository query.

(6) Upon completion of the EPS portion of the enhanced security check, a letter will be provided to the applicant. It will be the responsibility of the applicant to provide the Office of the City Clerk with the original letter. This letter will likely be provided prior to having received the results of the fingerprint search by the RCMP in Ottawa, as those searches typically take a few months. If there is a “hit” in Ottawa, the circumstances will be investigated by the Inspector i/c Employee Services Branch to determine if the information contravenes the enhanced security check guidelines.

(7) The applicant will be advised of the appeal process concerning information contained within the letter.


Attachment 3


(8) The Inspector i/c Employee Services Branch will advise the Office of the City Clerk that the applicant has been issued a letter with the results of the enhanced security check.

(9) Once the results from the Ottawa RCMP query are received, the Inspector i/c Employee Services Branch will; if the guidelines are met, contact the applicant and the Office of the City Clerk, or its delegate, and advise that the process is complete with no change in status, or; if the guidelines are not met, repeat the procedures in 1. (F) to (M), concerning the results of the complete Enhanced Security Check.

(B) The applicant and Inspector will meet at a mutually agreed upon date, time and place. The Inspector will:

(1) Verify the applicant’s name and date of birth against two pieces of identification, one being picture ID,

(2) Have the applicant complete the Enhanced Security Check for EPS-Related Duties Only form. The Inspector will sign indicating the verification of the applicant’s identification and indicate their name and division as being responsible for the application process,

(3) Have the applicant complete the Enhanced Security Questions for the Edmonton Police Commission form,

(4) Conduct an interview if necessary to clarify the information arising from the above disclosure,

(5) Take the applicant to the Criminal History Unit to have a photograph taken and a set of fingerprints obtained. Fingerprints will be queried in AFIS and then forwarded to the National Repository in Ottawa via the Criminal History Unit.

(C) At the conclusion of the meeting with each applicant, the Inspector will advise the Office of the City Clerk, or its delegate, that the meeting has taken place and the application has been submitted.

(D) The Enhanced Security Check form shall be forwarded in a sealed envelope to the Supervisor i/c Police Information Check Unit for stage one of the search involving PROBE, CPIC, JOIN and PIRS.

(E) The Police Information Check form will be placed in a sealed envelope and forwarded to the Sergeant i/c Intelligence Analysis Unit for stage two of the process involving an intelligence search. If there is adverse information as a result of this search, no details will be returned and the applicant should not be appointed.

(F) The application and all applicable print-outs will be returned to the Inspector i/c Employee Services Branch who will complete a review of the application using the guidelines contained in Section 2, Enhanced Security Check Guidelines, to determine whether the applicant, all family members, and associates meet the necessary approval. When adverse information is revealed the review should involve, at a minimum:

(1) reading of related EPS files,

(2) contacting the contributing police agency (if other than the EPS) to confirm details, and

(3) re-interviewing the applicant for a further explanation of the circumstances and to determine if they have done anything to better or distance themselves from activities or persons of questionable character.

(G) The Inspector will prepare a memo to the Superintendent i/c Human Resources Division outlining the results of the EPS portion of the Enhanced Security Check and conclude with a recommendation of Approval - enhanced security policy met; or Approval denied - enhanced security policy not met. If adverse information was initially revealed but through follow-up strategies it is deemed appropriate to override, the adverse information and override reasons must clearly be delineated.


Attachment 3


(H) The Superintendent i/c Human Resources Division may concur with the original recommendation or override and reverse the recommendation. In the case of a reversal, the Superintendent will prepare a memo to be attached to the application file outlining their reasons. The application file will be returned to the Inspector i/c Employee Services Branch for the appropriate letter to be drafted and provided to the applicant. It will be explained that the letter is issued prior to the arrival of fingerprint information from Ottawa RCMP. Should adverse information be returned from Ottawa, the information will be investigated and may affect EPS enhanced security check approval. Any change in approval will allow the applicant to launch an appeal. The Inspector will explain the appeal process to the applicant. It will be up to the applicant to deliver the letter to the Office of the City Clerk.

(1) Letters will be addressed to the Office of the City Clerk on Edmonton Police Service letterhead, complete with watermark security features and the Edmonton Police Service seal available in the Police Information Check Unit.

(2) The letter for the Office of the City Clerk will outline the applicant’s name and date of birth and whether they successfully met or did not successfully meet the Edmonton Police Service enhanced security policy. No details obtained during the search shall be divulged.

(I) After the letter has been provided to the applicant, the Inspector will advise the Office of the City Clerk, or its delegate, that the letter has been provided to the applicant.

(J) In the event the applicant is unsuccessful in meeting the enhanced security policy, the Inspector i/c Employee Services Branch shall:

(1) generate a file number,

(2) submit an R-1 entitled “Release of EPS Affiliate,”

(3) list the individual as a “subject,”

(4) briefly outline the fact that the person did not successfully meet the enhanced security policy for a police commission member,

(5) forward the report, to Case Management Supervisor.

(K) An entry will be made on PROBE listing the individual as a “Subject – Assist PICU.” Should the individual make application or attempt to infiltrate the EPS in the future, their prior actions will be revealed during the police information check process.

If the enhanced security check process reveals information about the applicant or his/her family members, care must be exercised during any follow-up interviews or strategies to ensure confidentiality of the information and the individual(s) is not compromised.

(L) All enhanced security check forms, along with any photos, print-outs, fingerprints or other documentation supporting the final decision of acceptance or rejection of an applicant will be held in Human Resources Division in compliance with the Freedom of Information and Protection of Privacy Act until the enhanced security check has been replaced with a new check, or one year after the individual has left the Edmonton Police Commission.

(M) In the event of an appeal by an applicant that has unsuccessfully met the enhanced security policy; the appeal must be heard by a panel of two Superintendents and the Manager i/c Professional Standards Branch. Their decision is binding.


Attachment 3


2. Enhanced Security Check Guidelines

(A) The applicant must:

(1) be free from any outstanding criminal charges,

(2) not be the subject of an ongoing criminal investigation,

(3) be free from outstanding warrants of any kind,

(4) not have a criminal record for which a pardon has not been granted,

(5) be free from detected or undetected criminal activity where no charges were laid for three years from the date of application, and cannot have been found guilty (including any disposition by discharge) of any criminal offence within a five-year period preceding the date of application,

(6) not have had alternative measures or adult diversion involvement of any kind within the previous three years for summary offences or five years for indictable offences,

(7) be free of illicit associations with known criminals or persons of questionable character,

(8) not have any known or documented history that could embarrass or bring discredit to the integrity of the Edmonton Police Commission,

(9) not have any known or documented history that could compromise the safety or security of EPC and EPS members, investigations, or Service records, and

(10) be a Canadian citizen or have permanent resident status.

Notwithstanding anything listed above, any incidents of a sexual nature involving public morals, family violence, firearms or weapons, serious crimes of violence, illicit drugs, or offences against the administration of law and justice should be seriously scrutinized and in most cases, the application should not be accepted.

(B) The applicant’s family members:

(1) must not be the subject of an ongoing criminal investigation,

(2) must be free from illicit associations with known criminals or persons of questionable character,

(3) must not have any known or documented history that could embarrass or bring discredit to the integrity of the Edmonton Police Commission, and

(4) must not have any known or documented history that could compromise the safety or security of EPC and EPS members, investigations, or Service records.

Notwithstanding anything listed above, any incidents of a sexual nature involving public morals, family violence, firearms or weapons, serious crimes of violence, illicit drugs, or offences against the administration of law and justice should be seriously scrutinized and in most cases, the applicant should not be accepted. However, consideration must be given to the applicant’s closeness to the family member or associate. If through interviews or other means, it can be determined that the applicant has distanced themselves from, has little or no contact with, is not living in the same household as the family member or associate, and the risk posed by accepting the application is virtually nonexistent, then consideration can be given to accepting the applicant.

* * * *


Attachment 4

Security Checks – Comparison to Other Municipalities

Board Composition Security Checks Access Passes to Police Headquarters

Comments

Calgary Police Commission

Patricia Tolppanen, Executive Director403-206-8939

9 members: 2 Aldermen 7 Citizens

Council Members – None

Citizens – Regular Security Checks

Staff – Enhanced Security Checks

No.Escorted access to regular areas. No access to investigative areas.

Security checks are done to help ensure confidential information is not likely to fall into the wrong hands – such as intelligence and security issues.

Ottawa Police Board

Lynn Kennedy (Admin)613-560-1270

7 members: 3 Council Members 1 Citizen appointed by Council 3 Appointed by Province


Citizen – Regular Security Check

Provincial Appointees – Security Check

Staff – Enhanced Security Check

No.Board has own building. If members require access to police buildings, they call ahead and are escorted while on the premises.

One Board member has an access pass for particular areas as that member is currently part of the contract negotiation team

Toronto Police Board

Joanne Campbell Manager416-808-8080

7 members: 3 Councillors 1 Citizen appointed by Council (currently a former Councillor) 3 Appointed by Province


Citizen – None

Provincial Appointees – Regular Security Checks

Staff – Enhanced Security Checks

Yes.Board is situated in Police Headquarters and members have security passes to areas they require.

If security checks were required for their Council Member appointments, it would be considered a conflict of interest for the search to be done by the local police agency. The Ontario Provincial Police would be asked to do the searches – however access to the OPP is through the Municipal Police Service.

Vancouver Police Board

Shona McGlashan, Executive Director604-717-3170

7 members: Mayor is Chair 1 Member appointed by Council 5 Appointed by Lieutenant Governor

Under the Provincial Act, the Mayor is an automatic member and Chair – no security check

All others are subject to a regular security check.

Staff – Enhanced security checks

Yes.Board is situated in Police Headquarters and members have security passes to areas they require.

Board recently sent a resolution to the B.C. Association of Police Boards requesting support to require that enhanced security checks be conducted for Board Members. Support was not received.


Attachment 5

Recommendations of City Auditor

Recommendation 12The OCA recommends that the Office of the City Clerk prepare revisions to Policy C472B, Appointment Process to Certain Key Boards, so that Enhanced Security Clearances are conducted and the information considered before Council appoints an applicant as a Police Commissioner.

Office of the City Clerk (OCC) Response and Action PlanPendingThe OCC will work with the Law Branch and Edmonton Police Service to determine what information from enhanced security clearances would be available to OCC and City Council and how the information will assist City Council in its decision making.

Recommendation 13The OCA recommends that the Office of the City Clerk prepare revisions to Policy C473B, Appointment of Members of Council to Civic Agencies, so that Enhanced Security Clearances are conducted and the information considered before Council appoints a Councillor as a Police Commissioner.

Office of the City Clerk (OCC) Response and Action PlanPendingThe OCC will work with the Law Branch and Edmonton Police Service to determine what information from enhanced security clearances would be available to OCC and City Council and how the information will assist City Council in its decision making.

Enhanced Security Clearances – AppointmentCity Policy C472B does not include any requirement for security clearances to be conducted before, or after, Council appoints an individual as a Police Commissioner. The practice followed for 2005 was to have a “standard” security clearance conducted before appointing the three new Commissioners.

Considering that Council, upon appointing an individual as a Commissioner, is in effect providing access to facilities and highly sensitive information that the Police Service is required to protect, the OCA believes that Council must complete its due diligence to ensure that the security around policing is not breached through their actions. To fulfill this due diligence requirement, Enhanced Security Clearances should be conducted before appointing an applicant as a Police Commissioner.

Enhanced Security Clearances include gathering information about family members in addition to the applicant. They also include gathering information from more sources, including the following police databases:


Attachment 5


PROBE– Internal EPS Records Management System CPIC– Canadian Criminal Records and Outstanding Warrants JOIN– Provincial Court Records Management System PIRS– RCMP Records Management System ACIIS– Automated Criminal Intelligence Information System (organized crime)

This requirement would be consistent with Police Service policy that requires Enhanced Security Clearances of anyone provided access to Police Service buildings and information.


Attachment 5


Recommendation 14The OCA recommends that the Office of the City Clerk prepare revisions to Policy C472B, Appointment Process to Certain Key Boards, so that Enhanced Security Clearances be conducted and the information considered before re-appointing an applicant as a Police Commissioner. This should be updated at a minimum of every 3 years.

Office of the City Clerk (OCC) Response and Action PlanAcceptedRegardless of whether Security Clearances are Enhanced, OCC will bring forward amendments to Policy C472B to City Council through Executive Committee by June 30, 2005, to require Security Clearances every 3 years prior to re-appointment.

Recommendation 15The OCA recommends that the Office of the City Clerk prepare revisions to Policy C473B, Appointment of Members of Council to Civic Agencies, so that Enhanced Security Clearances are conducted and the information considered before re-appointing a Councillor as a Police Commissioner. This should be updated at a minimum of every 3 years.

Office of the City Clerk (OCC) Response and Action PlanAcceptedThe OCC will bring forward amendments to Policy C473B to City Council through Executive Committee by June 30, 2005, to require Security Clearances upon appointment and every 3 years prior to re-appointment.

Enhanced Security Clearances – ReappointmentSecurity clearances provide information available at a “snap-shot” in time. Personal circumstances of a Commissioner and his/her family can change over time. Updating Enhanced Security Clearance status at regular intervals would help ensure that highly sensitive information within the Police Service is not compromised upon reappointment of Commissioners. The OCA believes that Enhanced Security Clearances should be required at a minimum of every 3 years.

The Commission provided the OCA with the following suggestion: “that before any decision is made to require repeated and/or renewed enhanced security clearance checks that the City (and/or Commission) consider the Federal Standard, i.e. every 10 years. If this is considered and if there is merit in the Federal Standard it may be determined that Commissioners need only obtain the enhanced security clearance once in their six year term.”


Attachment 6

Edmonton Police Commission Comments


Attachment 6


EDMONTON POLICE COMMISSION

THE CITY OF EDMONTONBYLAW 14040

EDMONTON POLICE COMMISSION BYLAW

POLICE COMMISSION REACTIONS

II. ENHANCED SECURITY CHECKS: EPC ANALYSIS, CONCLUSIONS RECOMMENDATIONS

A. ENHANCED SECURITY CLEARANCE: ANALYSIS

The Edmonton Police Commission through their Executive Committee has reviewed the Edmonton Police Governance Audit: Recommendations No. 12, 13, 14 & 15 which raise the matter of Enhanced Security Checks for Commission members and for potential Commission members. The Executive Committee has also examined in detail the City Clerk’s tentative response to those recommendations. The following represents the position of the Commission and would ask that the City Clerk and, if necessary City Council, consider that position when finalizing Bylaw 14040.

1. It is noted that of the other four major Police Commissions/Boards referred to that none of them require Enhanced Security Clearance for Commission/Board members. [In each case Commission staff do require Enhanced Security Clearance.]

2. The type of information with which Commission members must deal is and should be limited to that related to “governance matters” – information that requires a level of confidentiality and security that can be appropriately made available to individuals who have “passed” a “regular” security check. Commissioners need not have access to the type of information that if used inappropriately would constitute a serious breach of security with concomitant serious consequences.

3. The requirement for an individual and his/her extended family to be subjected to the “rigors” of an Enhanced Security Check has the very real potential of having qualified and gifted citizens decline to let their name stand for appointment to the Commission. The City would not be well served by such a situation.

4. Further to the above a Commissioner or potential Commissioner could take exception and/or have a concern as to the possible and eventual implications of having a “package” of personal information (and family information) including one’s fingerprints on file. Related to this is the concern of the Commission that reasons for failure to be granted Enhanced Security Clearance would not be provided to an individual (or his/her family.)


Attachment 6


5. It is noted that Enhanced Security Clearance is a requirement for “unlimited access to police facilities.” The Commission does not see limited accessibility as being particularly problematic as, invariably, when an individual Commissioner has business on police facilities it is to meet with a police official. Commissioners could access police facilities the same as any other visitor, with escort and upon appointment, depending on the individual with whom they wish to meet.

6. The process for obtaining an Enhanced Security Clearance is, of necessity, involved and cumbersome. This reality, in the view of the Commission, can significantly extend and complicate the appointment process. Indeed the final phase of the process would not be completed for some months following an appointment. This raises the possibility, however unlikely, that an appointment would have to be rescinded.

7. The Commission does not see the logic in having Commissioners held to a level of security clearance that is not required of others with whom they interact on an official level. This includes members of City Council and members of the City administration.

B. ENHANCED SECURITY CLEARANCE: CONCLUSION

Given the foregoing analysis it is the position of the Edmonton Police Commission that Enhanced Security Clearances should not be a requirement for an individual to be appointed as a “Commissioner.” Such a requirement should not be included in the Bylaw 14040.

C. ENHANCED SECURITY CLEARANCE: RECOMMENDATIONS

1. That individuals being considered for appointment as a Commissioner on the Edmonton Police Commission, including appointed Councillors, be required to complete (pass) a (regular) security clearance.

2. That an individual being considered for appointment as a Commissioner on the Edmonton Police Commission be required to undergo a (regular) security check only upon his/her initial appointment to the Commission.

3. That it be at the option of a Commissioner, including the Chair and Councillors, as to whether or not they wish to undergo an Enhanced Security Check.

4. That all Commission staff be required to pass (be granted) an Enhanced Security Clearance.


Documents

Report for Executive Committee September 21, 2005 meeting.webdocs.edmonton.ca/occtopusdocs/Public/Complete... · Web viewSep 21, 2005 · Escorted access to regular areas. No access