Monthly Archives: September 2011

To Expunge or not Expunge

The Winnipeg Police Service is  requesting a change to the by law governing the retention of police discipline records.  Once approved by Council, disciplinary records will be expunged after five years of discipline free performance.

The Winnipeg Police Association has been pushing for such a change for some time.  What’s different about the current proposal is that it’s the  Winnipeg Police Service advocating for such a change.  The Winnipeg Police Association must have been in a position to use some leverage in order to persuade the Winnipeg Police Service to put forward this proposal.

Since the ruling in R. v. McNeil which required that the police turn over to the Crown disciplinary records for officers involved in criminal cases, police across the country have been attempting to find ways to avoid turning over such records.  In other words they have been looking for a sure-fire loop-hole.  Expunging police disciplinary records seems to be the answer.

The report submitted to EPC actually says that.

What is perhaps even more disturbing is the second portion of the proposed by law change that would require that an informal resolution process be considered in all disciplinary cases.  Cases handled informally would not generate an entry on a discipline record and therefore would never be subject to disclosure.  So the first part would expunge records that currently exist, and the second part would ensure few, if any, future entries on officers’ files.

To top it all off, according to a report in the Winnipeg Free  Press the Chief of Police is apparently taking the position that because criminals can apply for a pardon after 5 years it only makes sense that police officers should have their records expunged after 5 years as well.  Talk about lowering your level of expectations by comparing police officers to criminals.  Whatever happened to the principle of expecting the very best from police officers and holding police officers to a higher standard?  The Chief’s position on this is poorly thought out and just plain wrong.

It’s one thing for criminals to attempt to circumvent the intent of court rulings.  No surprises there.  We should, however, be entitled to expect more from our police.

Police Staffing Through Election Promises

Election promises at both the civic and provincial level have become the defining vehicle in terms of determining police staffing.

Announcing proposed increases to police funding at election time is not a new thing.  In the mid 1990’s the Filmon government made the first foray into this area by announcing that the Province would provide funding to expand the complement of the Winnipeg Police Service by 24 positions.  This was a purely political decision made at the Provincial level without any prior consultation with the Winnipeg Police Service.  As a matter of fact the Chief of the day was advised on the morning  the announcement was made and asked to attend the announcement to serve as ‘wallpaper’ for the Premier’s announcement.  The Chief of course, not wanting to ‘look a gift horse in the mouth’,  attended and came away with an additional 2 million dollars for the police budget.

Over the years, announcing police funding increases at election time has become the norm.  It has proven to be a sure-fire way to attract votes and win elections.

During the last civic election the Mayor used the same tactic.  Mayor Katz pledged increases to both police and civilian staff and was endorsed by the Winnipeg Police Association (WPA).  Some argued that the WPA  endorsement was contingent on the commitment to increase police and staff positions while others believed the increase in staffing to be contingent on the WPA endorsement.  Others insisted that the two issues were unrelated and the fact that the Mayor announced the staffing increase at the same time as the WPA endorsed the mayor was purely a coincidence.

As the current provincial election campaign gains traction it is interesting to see the bidding war that is developing as the two main contenders attempt to outbid each other (using our money) on the policing and law and order issue.

One of the major problems with politically motivated spending on policing is that additional money (positions) are allocated not by the police service but rather by the politicians to coincide with their current political priorities.

But that’s only partially the politicians fault.  Blame must also be placed with the police executives.

In the absence of a well laid out policing and crime deduction strategy with specific goals and costs attached, politicians jump into the fray and set the agenda.  To a degree they are simply filling a vacuum created by the lack of strategic operational leadership within policing.

As I have said before, what should be happening in terms of policing, crime reduction and police staffing is that politicians should clearly state their goals to police in terms of what they want accomplished, ie a percentage crime reduction across the board or in specific offence categories.

Police executives should devise a plan complete with broad goals, strategies and tactics that would be employed to accomplish the stated goals along with an  outline of specific areas of responsibility within the police service.  Such a plan would be accompanied with a price tag in terms of additional resources that would be required in terms of increase in personnel and other costs.

Once such a plan was developed politicians could decide if that is was they want and whether they want to fund it or not.  If the plan is adopted and funded,  accountability then exists between the police and the elected officials.

Until this happens we will continue to see money spent haphazardly, at election time, based on the political priorities of the day.

Sam Katz’s Latest Revenue Generating Plan

As a preface, if there is evidence that shows a traffic safety issue involving child safety in or near schools exits, it should be addressed.

When proposals on issues such as speed limits in school zones are brought forward by police the motivation is usually safety.  The same cannot necessarily be said when such proposals originate with politicians.  When politicians make such proposals, safety may be used as a facade to deflect the attention from the real objective which is often increased revenue.

Such may be the case with Sam Katz’s latest foray into “child safety”.

If this was a police initiative it would no doubt be backed by  statistics about speeding in school zones, accidents in school zones, and injuries to children caused by speeding.  If police suggested  a change to the speed limits in school zones,  politicians would demand such data to back up that position.

Sam’s proposal contains none of that.  No facts, no data.  Operational decisions are based on data, political decisions are based on politics.

At this point we don’t know if speeding in school zones is a major issue that requires a change in legislation.  The data (if it exists) has not been shared. What we do know is that the proposed change in legislation requires action by the province.  What better time to bring up what is on the surface  a ‘motherhood and apple pie’  issue than during an election campaign.  What provincial politician would want to be painted as being against protecting children?  None that I know of in Manitoba.

At this point we don’t know whether safety in school zones is a bona fide issue, but what we do know is that Sam’s timing is strategically impeccable.

As well, photo radar revenue which has been static or perhaps even declining after the construction zone cash cow was milked dry over the past several years, would receive a huge, if short-term boost as drivers adjust to the new speed limits.

If the speed limit in school zones is reduced I predict a lot of “flashes” at 7:00 AM and 9:00 PM on weekends and during weekends and summer holidays as the mobile photo radar units are deployed close to  elementary schools in residential communities.   There is potential for revenue even if there are no kids around (the safety issues it is supposedly designed to address).

Even if there are no kids around the schools during the early morning or late evening hours on weekends or during the holidays, the photo radar cameras don’t know that (although presumably the operators do).  The city’s ‘money printing machines’ ( photo radar units) will be on overtime if this proposed change becomes reality – and all in the name of protecting children.

I think we are about to be “Sammed” again.