The Regional Municipality of York Police Services Board

Minutes of the Public Meeting

Subject to Board Approval

Wednesday, April 26, 2023

9:00 A.m. - 12:00 P.m.

Electronic and In-Person Meeting

Board Members:

• W. Emmerson, Chair, 
• S. Pellegrini, Vice Chair, 
• M. Cortellucci, 
• L. Jackson, 
• N. McCullough, 
• W. Perchal, 
• and M. Bodenstein 

Staff:

• M. Avellino, Executive Director, 
• J. Kogan, Administrative Assistant, 
• J. MacSween, Chief of Police, 
• A. Almeida, Deputy Chief of Police, 
• P. Da Silva, Deputy Chief of Police, 
• C. Hammond, Deputy Chief of Police, 
• R. Rouse, Deputy Chief of Police, 
• J. Channell, Executive Director, Financial Services and Administration, 
• J. Fraser, General Counsel, Legal Services, 
• M. Kennedy, Executive Director, People, Wellness and Talent, 
• and D. Kuzmyk, Regional Solicitor and General Council 

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1.

Call to Order

The Board Chair called the meeting to order. 

2.

Indigenous Land Acknowledgement

The Board Chair made the following remarks:

“On behalf of the Board, we acknowledge that York Region is located on the traditional territory of many Indigenous peoples including the Anishinaabeg, Haudenosaunee, Huron-Wendat and Métis peoples and the treaty territories of the Haudenosaunee, Mississaugas of the Credit First Nation and Williams Treaties First Nations.

Today this area is home to many diverse Indigenous Peoples, and we recognize their history, spirituality, culture and stewardship of this land. We also acknowledge the Chippewas of Georgina Island First Nation as our closest First Nation community.”

3.

Swearing-In of New Board Member Madeleine Bodenstein

Administration of the Oath of Office to the new Provincial appointee Madeleine Bodenstein.

4.

Disclosure of Interest

None

5.

Confirmation of Public Minutes of March 20, 2023 Board Meeting

• Moved By Mr. Perchal
  Seconded By Mr. Cortellucci

  That the Board confirm the minutes for the public session of the meeting held on March 20, 2023 in the form supplied to the members.

  Carried

6.

Presentation

6.1

2022 Annual Use of Force Report - Chief of Police (Related to Item No. 9.5)

Superintendent Kevin McCloskey and Inspector Chirag Bhatt from the Training and Education Bureau, York Regional Police (YRP), presented the 2022 Annual Use of Force Report to the Board. A Use of Force report is required when a police officer draws a handgun in the presence of a member of the public and/or points or discharges a firearm; when a police officer uses a weapon other than a firearm on a person, or when physical force is used on a person that results in an injury that requires medical attention. When an officer deploys or displays a conducted energy weapon, a report is also required. Training is conducted annually by both YRP and the Ontario Police College and focuses on subject behaviour, assessing situational factors, de-escalation techniques and crisis intervention. YRP trains using a decision-making model and makes decisions based on risk necessity, effectiveness and acceptability of the action. YRP has a robust anti-racism training strategy to support use of force decision-making and crisis intervention tactics. Link to presentation

• Moved By Regional Councillor Jackson
  Seconded By Mrs. McCullough

  That the Board defer consideration of the presentation to the private session.

  Carried

7.

Deputation

None

8.

Communications

8.1

Order-in-Council, Lieutenant Governor of Ontario, approved and ordered on March 23, 2023, reappointing Walter J. Perchal as a member of the Regional Municipality of York Police Services Board for a one-year term.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the Order-in-Council, Lieutenant Governor of Ontario, approved and ordered on March 23, 2023, reappointing Walter J. Perchal as a member of the Regional Municipality of York Police Services Board for a one-year term.

  Carried

8.2

Correspondence from Carley Valente, Counsel, Legal Services, York Regional Police to Kim Donaldson, Vice-President, Ontario, Insurance Bureau of Canada, dated March 29, 2023.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the correspondence from Carley Valente, Counsel, Legal Services, York Regional Police to Kim Donaldson, Vice-President, Ontario, Insurance Bureau of Canada, dated March 29, 2023.

  Carried

8.3

Response from Kim Donaldson, Vice President, Ontario, Insurance Board of Canada to Carley Valente, Counsel, Legal Services, York Regional Police, dated March 30, 2023.

• Moved By Vice Chair Pellegrini
  Seconded By Regional Councillor Jackson

  That the Board receive the response from Kim Donaldson, Vice President, Ontario, Insurance Board of Canada to Carley Valente, Counsel, Legal Services, York Regional Police, dated March 30, 2023.

  Carried

8.4

Correspondence from Jen Lawson, Board Chair, Regional Municipality of Niagara Police Services Board, dated March 27, 2023.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the correspondence from Jen Lawson, Board Chair, Regional Municipality of Niagara Police Services Board, dated March 27, 2023.

  Carried

8.5

Correspondence from Richard Stubbings, Assistant Deputy Minister, Public Safety Division, Ministry of the Solicitor General, dated March 14, 2023.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the correspondence from Richard Stubbings, Assistant Deputy Minister, Public Safety Division, Ministry of the Solicitor General, dated March 14, 2023.

  Carried

8.6

Correspondence from Lynne Haves, Manager of Policing Inspections Unit, Inspectorate of Policing, Ministry of the Solicitor General, dated April 11, 2023.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the correspondence from Lynne Haves, Manager of Policing Inspections Unit, Inspectorate of Policing, Ministry of the Solicitor General, dated April 11, 2023.

  Carried

8.7

Order-in-Council, Lieutenant Governor of Ontario, approved and ordered on April 20, 2023, appointing Madeleine Bodenstein as a member of the Regional Municipality of York Police Services Board for a three-year term.

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board receive the Order-in-Council, Lieutenant Governor of Ontario, approved and ordered on April 20, 2023, appointing Madeleine Bodenstein as a member of the Regional Municipality of York Police Services Board for a three-year term.

  Carried

9.

Consideration and Adoption of Reports

9.1

Financial Reporting for the Period Ending December 31, 2022

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board receive the quarterly unaudited financial reports for the twelve-month period ending December 31, 2022, pursuant to Financial Management Board Policy No. 01/05.
  Carried

9.2

Contract Extensions Beyond Five Years

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board authorize the extension of the agreements with the contractors listed in Table 1, upon the end of contract term, for additional terms up to five years, in accordance with Purchasing By-Law 10-17, provided that the contractor has performed the services to the satisfaction of the Chief, and that sufficient funds have been provided in the annual budget; and
  2. That the Chief be authorized to execute the agreements on behalf of the Board, subject to the approval of the Regional Municipality of York’s Regional Solicitor, or designate, as to form and content.
  Carried

9.3

Proposal for Use of Public Relations Reserve Funds

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board approve a disbursement from the Public Relations Reserve Fund for the 2023 Be a Hero Head Shave in support of the Pediatric Oncology Clinic at Southlake Regional Health Centre for $5,000.
  Carried

9.4

2020-2022 Business Plan Year Three Status Report

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board receive this annual report for information.
  Carried

9.5

2022 Use of Force Annual Report (Related to Item No. 6.1)

Moved By Regional Councillor Linda Jackson 

Seconded By Mrs. McCullough

That the Board defer consideration of the following recommendation contained in the report of the Chief of Police to the private session:

1. That the Board receive this report pursuant to Use of Force Board Policy No. 01/14.

Carried

9.6

Public Relations Reserve Fund Request for Funding - Report of the Executive Director

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board approve an expenditure of $2,500 from the Board’s Public Relations Fund to support the services of Crime Stoppers of York Region.
  Carried

9.7

Public Relations Reserve Fund Policy Review - Report of the Executive Director

Moved By Mr. Perchal

Seconded By Vice Chair Pellegrini

That the Board receive the following recommendation contained in the report of the Executive Director and refer back to staff for a further report in June:

1. That the Board receive the report and provide feedback on the draft proposals for the new public relations fund policy as outlined in this report.

And further, 

Moved By Vice Chair Pellegrini

Seconded By Mr. Perchal

That Regional Councillor Linda Jackson be the Board's representative on the Board public relations fund review committee.

Carried

9.8

Proposed New Vehicle Design (Related to Item No. 6.13 on the Private agenda)

• Moved By Mr. Cortellucci
  Seconded By Vice Chair Pellegrini
  1. That the Board approve the proposed new vehicle design subject to community consultation and feedback or other considerations that materially alter the proposed implementation of the new vehicle design.

  Moved By Regional Councillor Jackson

  Seconded By Mr. Cortellucci

  That the Board reconsider its decision earlier in today's meeting regarding the report of the Chief of Police Proposed New Vehicle Design (Related to Item No. 6.16 on the Private agenda) to defer consideration of the recommendation contained in the report of the Chief of Police to the private session.

  Carried

10.

Unfinished Business

None

11.

Other Business

None

12.

Private Meeting

• Moved By Ms. Bodenstein
  Seconded By Mr. Perchal

  That the Board convene in Private Session for the purpose of considering confidential items pertaining to legal and personnel matters in accordance with section 35(4) of the Police Services Act.

  Carried

  The Board met in Private Session at 10:03 a.m. and reconvened in the Public Session at 10:56 a.m.

  Carried

13.

Consideration of Motion to reconvene in Public Meeting

• Moved By Mr. Cortellucci
  Seconded By Ms. Bodenstein

  That the Board rise and report from the Private Session.

  Carried

14.

Consideration of Private Items

That the Board adopt the following recommendations contained in the Reports of the Chief of Police:

People, Wellness and Talent

1. That the Board reclassify five officers pursuant to the 2021 Uniform Working Agreement;
2. That the Board appoint two civilians, pursuant to Section 31(1)(a) of the Police Services Act.

Appointment of New Uniform Hires

1. That the Board approve the appointment of 38 new police cadets who commenced training at Level I, effective April 3, 2023, pursuant to section 51(1) of the Police Services Act.

Proposed New Vehicle Design Report (Item No. 9.8 on the public agenda) and Appendix A

1. That the Board approve the proposed new vehicle design subject to community consultation and feedback or other considerations that materially alter the proposed implementation of the new vehicle design.

Date Change of May Board Meeting to May 18th at 1:00 p.m.

Carried

15.

Confirmatory Bylaw

The Board had before it Bylaw No. 05-23. The Bylaw is necessary to confirm the proceedings of the Board at this meeting.

• Moved By Mr. Perchal
  Seconded By Mr. Cortellucci

  That Bylaw No. 05-23, being “a Bylaw confirming the proceedings of the Board at this meeting,” be read and enacted.

  Bylaw No. 05-23 was read and enacted as follows:

  “To confirm the proceedings of the Board at this meeting.”

  Carried

16.

Adjournment

Moved By Mr. Cortellucci
Seconded By Mr. Perchal

That the meeting be adjourned at 10:56 a.m.

Carried

____________________________

Mafalda Avellino

Executive Director

____________________________

Regional Chair Wayne Emmerson

Chair

Minutes to be confirmed and adopted at the next regular meeting of the Board to be held on May 18, 2023.

Alternative formats or communication supports are available upon request.