In my last post, I dealt with the famous poison pill clause and the fact that everyone knew severance pay would apply to the switch from Amherstburg Police Service to Windsor Police Service.
The last Council took office in December of 2014. They had more than three full years to deal with the poison pill clause before voting on the policing switch, but no agreements about severance pay were ever reached.
Council voted to switch to Windsor Police Service in February 2018. When they voted, they knew they didn't have any severance agreements in place.
At that point, the matter had to be referred to the Ontario Civilian Commission on Police Services ("OCCPS"). That's a civilian board appointed by the province. Here is a photograph (courtesy of River Town Times) of me making my presentation to OCCPS in June 2018. You may notice that, while I am speaking, some representatives of the Town of Amherstburg are fiddling on their taxpayer-funded cell phones. Were they listening?
The meeting was reported by the River Town Times and my presentation was quoted in the article. Here is part of the quote:
"The Amherstburg Police Service will cease to exist as a result of Council's decision. That means all of the police officers, the thirty or more of them, have their employment terminated. They would be entitled to severance pay. They have no obligation to seek employment with Windsor Police Service. The submission made by the Town of Amhertburg does not confirm that there are written agreements in place regarding severance pay. In fact, the submission confirms the opposite: there are no agreements in place at all."
The last Council took office in December of 2014. They had more than three full years to deal with the poison pill clause before voting on the policing switch, but no agreements about severance pay were ever reached.
Council voted to switch to Windsor Police Service in February 2018. When they voted, they knew they didn't have any severance agreements in place.
At that point, the matter had to be referred to the Ontario Civilian Commission on Police Services ("OCCPS"). That's a civilian board appointed by the province. Here is a photograph (courtesy of River Town Times) of me making my presentation to OCCPS in June 2018. You may notice that, while I am speaking, some representatives of the Town of Amherstburg are fiddling on their taxpayer-funded cell phones. Were they listening?
The meeting was reported by the River Town Times and my presentation was quoted in the article. Here is part of the quote:
"The Amherstburg Police Service will cease to exist as a result of Council's decision. That means all of the police officers, the thirty or more of them, have their employment terminated. They would be entitled to severance pay. They have no obligation to seek employment with Windsor Police Service. The submission made by the Town of Amhertburg does not confirm that there are written agreements in place regarding severance pay. In fact, the submission confirms the opposite: there are no agreements in place at all."
Under the Police Services Act s. 40, there were only two things that OCCPS could do. OCCPS could cancel the move to Windsor. Alternatively, OCCPS could order an arbitration to determine what the police officers were entitled to. OCCPS ordered arbitration. The arbitration confirmed that the officers were entitled to severance pay.
There are two points to make here. Firstly, it was not Town Council that decided to give severance pay to the officers. It was the arbitration that determined that the officers were entitled to severance pay.
Secondly, everyone knew this was going to happen. It is all so painfully obvious. In this photo alone, you can see many representatives of Town Hall sitting at the very meeting where all this was explained to them (if they didn't already know it).
So it really boggles the mind to hear the same representatives of Town Hall claiming that "there will be no severance." That is an untenable statement.
Sometimes you just have to put down your cell phone and listen.
There are two points to make here. Firstly, it was not Town Council that decided to give severance pay to the officers. It was the arbitration that determined that the officers were entitled to severance pay.
Secondly, everyone knew this was going to happen. It is all so painfully obvious. In this photo alone, you can see many representatives of Town Hall sitting at the very meeting where all this was explained to them (if they didn't already know it).
So it really boggles the mind to hear the same representatives of Town Hall claiming that "there will be no severance." That is an untenable statement.
Sometimes you just have to put down your cell phone and listen.