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Cathy Boxer-Byrd Senior Advisor Ontario Civilian Police Commission
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PSB Code of Conduct (O. Reg. 421/97)
Board members shall: 1. Attend and actively participate in all board meetings; 2. Not interfere with the police force’s operational decisions and responsibilities or with the day-to-day operation of the police force, including the recruitment and promotion of police officers;
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PSB Code of Conduct (O. Reg. 421/97)
Board members shall: 3. Undergo any training that may be provided or required for them by the Solicitor General; 4. Keep confidential any information disclosed or discussed at a board meeting, or part of a board meeting, that was closed to the public. ie. in-camera
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PSB Code of Conduct (O. Reg. 421/97)
5. No board member shall purport to speak on behalf of the board unless he or she is authorized by the board to do so; 6. A board member who expresses disagreement with a decision of the board shall make it clear that he or she is expressing a personal opinion;
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PSB Code of Conduct (O. Reg. 421/97)
Board members shall: 7. Discharge their duties loyally, faithfully, impartially and according to the Act, any other Act and regulation, rule or by-law, as provided in their oath or affirmation of office; 8. Uphold the letter and spirit of the Code of Conduct set out in the Regulation and shall discharge their duties in a manner that will inspire public confidence in the abilities and integrity of the board;
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PSB Code of Conduct (O. Reg. 421/97)
Board members shall: 9. Discharge their duties in a manner that respects the dignity of individuals and in accordance with the Human Rights Code and the Charter of Rights and Freedoms; 10. Not use their office to advance their interests or the interests of any person or organization with whom or with which they may be associated;
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PSB Code of Conduct (O. Reg. 421/97)
Board members shall: 11. Not use their office to obtain employment with the board or police force for themselves or their family member; 12. Refrain from engaging in conduct that would discredit or compromise the integrity of the board or the police force;
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PSB Code of Conduct (O. Reg. 421/97)
13. A board member who applies for employment with the police force, including employment on contract or on fee for service, shall immediately resign from the board;
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PSB Code of Conduct (O. Reg. 421/97)
14 (1). A board member whose conduct or performance is being investigated or inquired into by the Commission under section 25 of the Act or is the subject of a hearing before the Commission under that section shall decline to exercise his or her duties as a member for the duration of the investigation or inquiry and hearing;
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PSB Code of Conduct (O. Reg. 421/97)
14 (2). If the application of subsection (1) results in a board not having enough members able to exercise their duties in order to constitute a quorum during an investigation, inquiry or hearing under section 25 of the Act, the chair of the Commission may appoint that number of persons necessary to constitute a quorum, who shall act in place of the members who are unable to exercise their duties.
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PSB Code of Conduct (O. Reg. 421/97)
14 (3)(a). The chair of the Commission shall specify in an appointment made under subsection (2) that the appointee may only exercise such duties as are necessary for the effective operation of the board during an investigation, inquiry or hearing and, for such purpose, may specify the duties the appointee may or may not exercise; and
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PSB Code of Conduct (O. Reg. 421/97)
The chair of the Commission shall cancel an appointment made under subsection (2) as soon as a member of the board who declined to exercise his or her duties under subsection (1) resumes exercising his or her duties or is replaced under subsection 25(8) of the Act.
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PSB Code of Conduct (O. Reg. 421/97)
15. If a board determines that a board member has breached the Code of Conduct set out in this Regulation, the board shall record that determination in its minutes and may: Require the member to appear before the board and be reprimanded; Request that the Ministry of the Solicitor General conduct an investigation into the member’s conduct; or Request that the Commission conduct an investigation under section 25.
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PSB Code of Conduct As a board member when conducting board business, you are wearing your board hat. A board is not division of municipal government but rather, an independent creature of statute. Know the PSB Code of Conduct - handouts available
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Scenario #1 YOU ARE THE OWNER OF A SUCCESSFUL CAR DEALERSHIP IN ANYTOWN, ONTARIO. FOR A NUMBER OF YEARS YOU HAVE BEEN VERY ACTIVE IN THE COMMUNITY AND HAVE BEEN A MEMBER OF SEVERAL BOARD OF DIRECTORS. RECENTLY, YOU HAVE BEEN ASKED TO SIT AS A MEMBER OF YOUR COMMUNITY’S POLICE SERVICES BOARD. THE CHAIR OF THE BOARD HAS ENROLLED YOU IN A TRAINING SESSION FOR BOARD MEMBERS.
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Scenario #1 Options YOU SHOULD:
1. ADVISE THE CHAIR THAT IT WOULD BE A WASTE OF PUBLIC MONEY TO PARTICIPATE DUE TO THE NUMEROUS BOARDS YOU HAVE PREVIOUSLY BEEN A MEMBER OF. 2. ATTEND THE TRAINING AS REQUESTED. 3. PROVIDE THE CHAIR WITH THE TRAINING YOU HAVE RECEIVED FOR OTHER BOARD WORK, COMPLETE WITH CERTIFICATES OF ACHIEVEMENT. 4. ATTEND THE TRAINING AND PARTICIPATE IN THE SESSIONS YOU HAVE NOT HAD ANY EXPERIENCE WITH.
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Scenario #2 THE CHIEF OF POLICE COMES TO YOU INDICATING THAT THE POLICE SERVICE IS IN NEED OF NEW VEHICLES. PROCUREMENT OF NEW VEHICLES HAS BEEN PUT OFF FOR TWO YEARS. GIVEN THAT YOU ARE IN THE BUSINESS. . .
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Scenario #2 Options YOU SHOULD:
1. RAISE THE ISSUE AT THE NEXT BOARD MEETING AND INDICATE THAT YOU COULD PROVIDE THE POLICE SERVICE WITH VEHICLES AT COST. 2. ADVISE THE BOARD THAT YOU ARE PREPARED TO SERVICE THE VEHICLES AT COST. THIS WOULD ALLOW FOR THE SERVICE TO PURCHASE NEW VEHICLES SOONER. 3. ADVISE THE CHIEF THAT YOU ARE PREPARED TO RAISE THE ISSUE AT THE NEXT BOARD MEETING. 4. ADVISE THE CHIEF THAT YOU ARE IN A POSITION OF CONFLICT.
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Scenario #3 THE POLICE SERVICES BOARD DECIDES THAT OUTSOURCING THE SERVICING OF VEHICLES IS MORE COST EFFECTIVE. AS A RESULT, THE FOLLOWING POLICE PERSONNEL WILL BE LAID OFF - 10 MECHANICS, A MANAGER AND 1 SUPPORT STAFF.
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Scenario #3 Options THE BOARD SHOULD:
1. NEGOTIATE SEVERANCE AND ADVISE THE ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES OF YOUR DECISION. 2. NEGOTIATE SEVERANCE AND ADVISE THE MINISTRY OF PUBLIC SAFETY AND SECURITY OF YOUR DECISION. 3. REQUEST A HEARING BY THE ONTARIO CIVILIAN COMMISSION ON POLICE SERVCIES PURSUANT TO SECTION OF THE POLICE SERVICES ACT. 4. NEGOTIATE WITH THE MUNICIPALITY TO HAVE THEM RE ASSIGNED TO THE FIRE DEPARTMENT.
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Scenario #4 THE POLICE SERVICE HAS HAD, OVER A NUMBER OF YEARS, DIFFICULTY IN MANAGING THEIR BUDGET. YOU EXPRESS YOUR FRUSTRATION TO THE FINANCIAL MANAGER OF YOUR BUSINESS WHO HAS BEEN A VALUABLE AND TRUSTED EMPLOYEE FOR 20 YEARS. SHE VOLUNTEERS TO SIT DOWN AND ASSIST YOU IN UNDERSTANDING THE FINANCIAL INFORMATION IN THIS YEARS DRAFT BUDGET.
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Scenario #4 Options YOU SHOULD: 1. TAKE HER UP ON THE OFFER.
2. INVITE HER TO MEET WITH THE CHIEF OF POLICE TO DISCUSS THE MATTER. 3. RAISE THE ISSUE AT A POLICE SERVICES BOARD MEETING AND OFFER THE ASSISTANCE OF YOUR FINANCIAL MANAGER. 4. DO NOTHING.
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Scenario #5 THE POSSIBLE PURCHASE OF CARS IS TABLED AT AN IN-CAMERA BOARD MEETING. ONE OF YOUR FELLOW BOARD MEMBERS IS OF THE VIEW THAT YOU HAVE A CONFLICT. YOU ARE OUTRAGED. NO ONE HAS QUESTIONED YOUR CREDIBILITY AND INTEGRITY IN THE PAST. YOU ARE UNHAPPY ABOUT THE DISCUSSION AND IT IS PREYING ON YOUR MIND. YOU ATTEND THE OAPSB CONFERENCE THE FOLLOWING WEEKEND AND SEEK THE ADVICE OF A FELLOW ATTENDEE. HIS GIRLFRIEND IS A CIVIL LITIGATOR AT A LARGE TORONTO LAW FIRM AND HE INVITES YOU TO JOIN THEM FOR DINNER THAT EVENING. SHE GIVES YOU SOUND ADVICE AND DOES NOT CHARGE YOU.
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Scenario #5 Options YOU SHOULD:
1. EXPENSE THE COST OF DINNER TO THE BOARD AS IT RELATES TO BOARD BUSINESS. 2. EXPENSE YOUR MEAL TO THE BOARD. 3. PAY FOR THE ENTIRE BILL OUT OF YOUR OWN POCKET.
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Scenario #6 THE LAWYER’S ADVICE TO YOU IS TO PATCH THINGS UP. UPON RETURNING FROM THE OAPSB CONFERENCE YOU CALL ALL THE BOARD MEMBERS AND INVITE THEM TO SPEND AN AFTERNOON ON YOUR 48 FOOT SAILBOAT. THIS WILL GIVE YOU AN OPPORTUNITY TO “TEAM BUILD”. ONE OF THE BOARD MEMBERS SHOWS UP WITH A CASE OF BEER.
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Scenario #6 Options YOU SHOULD:
1. ADVISE THIS MEMBER TO KEEP THE BEER IN THE COOLER IN THE TRUNK OF HIS CAR AND EVERYONE CAN HAVE A DRINK WHEN YOU RETURN FROM THE OUTING. 2. SAY NOTHING. 3. ADVISE THE GROUP THAT YOU WOULD PREFER THAT THEY ONLY HAVE A COUPLE OF DRINKS EACH. 4. DON’T DRINK YOURSELF AND WATCH THE GROUP AS THE AFTERNOON PROGRESSES TO ENSURE THAT NO ONE OVER INDULGES.
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Scenario #7 THE FOLLOWING WEEKEND YOU ATTEND A HUGE FUND RAISING EVENT FOR CHARITY AT A LOCAL COMMUNITY CLUB. THE ORGANIZERS HAD APPROACHED THE POLICE SERVICES BOARD TO ENQUIRE ABOUT YOU PARTICIPATING AS THE KEYNOTE SPEAKER FOR THIS EVENT. YOU AGREE TO ACCEPT AND GIVE A ROUSING SPEECH. AS A SIGN OF APPRECIATION FOR YOUR ELOQUENT SPEAKING, YOU ARE GIVEN A TRIP FOR TWO TO LAS VEGAS, DONATED BY A LOCAL TRAVEL AGENCY.
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Scenario #7 Options YOU SHOULD:
1. CALL YOUR WIFE AND TELL HER TO PACK HER BAGS. 2. THANK THE ORGANIZERS AND SUGGEST THAT THEY AUCTION OFF THE GIFT CERTIFICATE. 3. ACCEPT THE GIFT AND GIVE IT TO YOUR SON AND HIS WIFE AS IT IS THEIR WEDDING ANNIVERSARY. 4. DECLINE THE GIFT.
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Scenario #8 PARKING AT THE COMMUNITY CLUB IS POOR. AT THE END OF THE EVENING THE ATTENDEES LEAVE TO DISCOVER THAT THEIR CARS, INCLUDING YOURS, HAVE BEEN TICKETED. MEMBERS OF THE CLUB APPROACH YOU TO DO SOMETHING ABOUT IT.
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Scenario #8 Options YOU SHOULD:
1. ASK THE CHIEF IF THERE IS ANYTHING THAT CAN BE DONE ABOUT THE TICKETS GIVEN THAT IT WAS A LOCAL FUND RAISING EVENT. 2. RAISE THE ISSUE WITH YOUR FELLOW BOARD MEMBERS AT THE NEXT BOARD MEETING. 3. ADVISE THE MEMBERS OF THE CLUB THAT IT WOULD BE INAPPROPRIATE FOR YOU TO RAISE THIS ISSUE. 4. DO NOTHING.
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Scenario #9 YOUR BEST FRIEND’S DAUGHTER IS INTERESTED IN BECOMING A POLICE OFFICER. SHE HAS JUST COMPLETED THE LAW AND SECURITY PROGRAM AT THE LOCAL COMMUNITY COLLEGE. YOUR FRIEND ASKS YOU TO PASS ALONG HIS DAUGHTER’S APPLICATION TO THE CHIEF OF POLICE.
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Scenario #9 Options YOU SHOULD:
1. TAKE THE APPLICATION AND PASS IT ALONG TO THE CHIEF OF POLICE. 2. ADVISE YOUR FRIEND TO SEND THE APPLICATION TO THE CHIEF AND GIVE HER A LETTER OF REFERENCE. 3. SPEAK TO THE CHIEF AND PASS ALONG THE APPLICATION IT IS NOT AN ISSUE AS YOU ARE NOT RELATED. 4. ADVISE YOUR FRIEND TO SEND THE APPLICATION, COMPLETE WITH YOUR LETTER OF REFERENCE AND LEAVE IT WITH HER TO DISCLOSE THE RELATIONSHIP.
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Scenario #10 YOUR FRIEND’S DAUGHTER GETS THE JOB. SHE IS SENT TO THE POLICE COLLEGE FOR TRAINING. WHILE AT THE COLLEGE SHE BEHAVES BADLY AND IS FOUND DRUNK IN THE MALE DORMATORY ONE MORNING. SHE IS SUBSEQUENTLY SENT HOME PRIOR TO COMPLETING HER BASIC CONSTABLE TRAINING.
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Scenario #10 Options YOU SHOULD:
1. SPEAK TO THE CHIEF ABOUT GIVING HER A CIVILIAN POSITION WITHIN THE SERVICE. 2. INDICATE TO THE CHIEF THAT YOU WOULD APPRECIATE HER BEING GIVEN A SECOND CHANCE. 3. DISTANCE YOURSELF FROM ANY DISCUSSIONS ON THE ISSUE. 4. SPEAK TO YOUR FRIENDS DAUGHTER AND EXPRESS YOUR DISAPPOINTMENT IN HER BEHAVIOUR AND ADVISE HER THAT YOU WILL SUPPORT HER DISMISSAL FROM THE SERVICE.
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Thank You!
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