Moose Jaw has had a Board of Police Commissioners since November 1991, but city council believes a municipal bylaw governing this organization should be updated to address the board’s autonomy.
During its Aug. 24 regular meeting, council gave three readings to an updated The Moose Jaw Board of Police Commissioners bylaw and unanimously approved the modernized document.
The renewed bylaw was in response to a motion from a December council meeting that sought to ensure:
- the chief of police shall be the chief administrative officer of the police service and shall be directly responsible only to the board for the discharge of powers, duties and authority conferred upon them; and
- the city shall continue to provide services to the board, upon such terms and conditions upon which the board and council agree.
Council discussion
Coun. Brian Swanson introduced an amendment requesting that, aside from city councillors, the two other persons who sit on the group should be residents. He thought only residents of the city should be members since the board manages the police service’s $10-million budget.
“It’s important that the city as shareholders and the financial decision-makers come from city,” echoed Mayor Fraser Tolmie, the chairman of the police board. “This (bylaw) was brought forward because it was recommended by the police commission for clarification for language change.”
Council then unanimously approved the amendment.
Swanson introduced a second amendment to change the word “shall” in one sentence to “may,” saying that would allow the police service to seek alternate service providers if the organization chooses, instead of relying solely on the City of Moose Jaw.
Coun. Chris Warren disagreed, saying the original wording ensured the police service and municipality worked together efficiently. Otherwise, the police service could hire a human resources company and taxpayers would have to pay for that.
Council then voted 6-1 to approve the amendment; Warren was opposed.
Background
Saskatchewan’s municipal police services are governed by The Police Act, 1990, while a board of police commissioners is compulsory where a municipality has more than 5,000 people or has established its own police service, a council report explained.
Council adopted the current municipal bylaw to establish a board of police commissioners in 1991, with the bylaw going into effect that November. The current bylaw meets the requirements of the act, such as identifying the board’s membership, recognizing its status as an independent body corporate, and having all the powers, authority and duties as provided in the act.
However, the report noted the current bylaw does not specifically address the autonomy and independence of the board or Moose Jaw Police Service as legislation mandates.
“It should be noted that other Saskatchewan municipalities with municipal police services have addressed this autonomy more clearly in their bylaws,” the report pointed out.
The role of the board is to provide civilian governance and to direction on policy and administration, explained the report. The board has direct responsibilities to govern how policing is administered in the municipality through The Police Act, 1990. The board also carries the sole responsibility for the delivery of policing services in the community.
Section 25 of the act addresses the authority that city council has. The municipality is responsible for the maintenance of law and order within its boundaries and is expected to provide policing services to maintain a reasonable standard of law enforcement.
“The purpose of including these provisions within the proposed bylaw would provide the ability for communication between city council and the board to ensure the adequacy of law enforcement is maintained within the city,” said the report, adding the bylaw’s wording does affirm the duties, responsibilities and independent relationship of the board and police chief.
The next regular council meeting is Monday, Sept. 14.
