Edmonton Police Governance Audit: Recommendations #12 and #13 -- Enhanced Security Checks

Recommendation:
That the motion under Option __ be approved.

Report Summary

This report outlines options for Council to consider in relation to requiring security checks for some or all members of the Edmonton Police Commission. The report also provides draft procedures that would be followed in conducting enhanced security checksshould Council choose that option. This report has been drafted in response to Recommendations 12, 13, 14 and 15 of the Edmonton Police Governance Audit. Amendments to City Policies C472 and C473, if required, will be brought forward subsequent to Council’s decision on this matter.

Previous Council/Committee Action

On May 31, 2005, City Council received for information the City Auditor’s report, which included the Edmonton Police Governance Audit.

Options for Council’s Consideration

  • Option 1 – if Council supports the City Auditor’s recommendation that citizens and Members of Council serving on the Commission be subject to enhanced security checks for appointment and re-appointment to the Commission, Council may move:
  • That enhanced security checks be conducted prior to the appointment and re-appointment of all members of the Edmonton Police Commission.
  • Option 2 – if Council decides to apply enhanced security checks to the appointment and re-appointment of only citizen members, Council may move:
  • That enhanced security checks be conducted prior to the appointment and re-appointment of all citizen members to the Edmonton Police Commission.
  • Option 3 – if Council decides to apply enhanced security checks to only the initial appointment of citizen members, Council may move:
  • That enhanced security checks be conducted prior to the appointment of all citizen members to the Edmonton Police Commission.
  • Option 4 – if Council decides to continue with the current practice of regular security checks prior to initial appointment, and decidesMembers of Council appointed to the Commission also be subject to security checks, Council may move:
  • That regular security checks be conducted prior to the appointment of all members of the Edmonton Police Commission.
  • Option 5 – if Council decides to maintain the status quo with no adjustments, Council may move:
  • That the requirement of a regular security check prior to the initial appointment of citizen members of the Edmonton Police Commission be continued.

Report

  • The City Auditor’s report on the Edmonton Police Governance Audit included the following motions dealing with enhanced security checks:

#12 – that the Office of the City Clerk prepare revisions to Policy C472B so that Enhanced Security Clearances are conducted and the information considered before Council appoints an applicant as a Police Commissioner.

#13 – that the Office of the City Clerk prepare revisions to Policy C473B so that Enhanced Security Clearances are conducted and the information considered before Council appoints a Councillor as a Police Commissioner.

#14 – that the Office of the City Clerk prepare revisions to Policy C472B so that Enhanced Security Clearances are conducted and the information considered before re-appointing an applicant as a Police Commissioner. This should be updated at a minimum of every three years.

#15 – that the Office of the City Clerk prepare revisions to Policy C473B so that Enhanced Security Clearances are conducted and the information considered before re-appointing a Councillor as a Police Commissioner. This should be updated at a minimum of every 3 years.

  • The City Auditor has recommended that the level of scrutiny for all members of the Edmonton Police Commission be at least equal to the level of scrutiny conducted for all members and staff of the Edmonton Police Service – that of conducting enhanced security checks. It is worth noting however that the recommended requirement for enhanced security checks prior to re-appointment to the Edmonton Police Commission exceeds that of the service as a check of members and staff of the Police Serviceis only conducted upon the initial hiring.
  • The City Auditor recommends that enhanced security checks be conducted on all Commissioners at least every three years. It would however be most effective if further checks were done in conjunction with the re-appointment of Commissioners.
  • The Office of the City Clerk has worked with the Office of the City Auditor, and the Investigative Services Bureau of the Edmonton Police Service, to develop a possible procedure to implement the recommendations.
  • A side-by-side comparison between the current recruitment procedures for conducting regular security checks and conducting enhanced security checks is outlined in Attachment 1.
  • The key elements of conducting enhanced security checks are:
  • Council makes appointments contingent on the return of an acceptable enhanced check.
  • Only candidates recommended for appointment are required to submit to an enhanced security check.
  • Enhanced security checkstake longer to process and have two parts:
  • Part one of the enhanced security check takes from two to four weeks and would be processed between Council’s selection of a candidate and the announcement of the appointment. Candidates that are not cleared would not be appointed to the Commission. Council would need to select a different appointee.
  • Part two of the enhanced security check (finger print query) takes up to four months to complete and will be processed after the appointment has been made. Appointees that could not be cleared mayneed to be removed from the Commission.
  • If enhanced security checks are required, the additional time required will be built into the recruitment procedures. The information outlined in Attachment 2 will be included in application packages.
  • If Council approves the use of enhanced security checks for all members of the Edmonton Police Commission, Attachment 3 outlines the procedure that will be adopted by the Edmonton Police Service. The procedure is designed to ensure the privacy of individuals and for decisions to be made at a level in the Police Services that is unlikely to have direct contact with Commission members.
  • The Edmonton Police Service has indicated that if conducting enhanced checks is not approved, members of the Edmonton Police Commission will cease to have unlimited access to police facilities. Commissioners would then access Police facilities the same as any visitor, with escort and upon appointment, depending on the individual they wish to meet with. However limiting access may be difficult to ensure and may place police personnel in a conflict position with Commission members.
  • The Edmonton Police Service has indicated that the greater concern is that enhanced security checks are designed to protect the safety of the Edmonton Police Service employees, the integrity of investigations and other operational issues. Not conducting enhanced security checks may place the service at risk.
  • In addition to responding to the City Auditor’s recommendations, an option has been provided for Council to discuss whether or not regular security checks should apply to Council members serving on the Commission. Currently, regular security checks are only required for citizen member appointments.

Other Municipal Police Commissions

  • A survey of other Municipal Police Commissions was conducted to find out the processes they follow.
  • The survey indicates that security checks are conducted as follows:
  • Ottawa and Toronto Police Boards
  • Council Members – none
  • Citizens – regular security checks
  • Vancouver Police Board
  • Council Members – none
  • Citizens – regular security checks
  • Calgary Police Commission
  • Council Members – none
  • Citizens – regular security checks
  • The findings are outlined in Attachment 4.

Edmonton Police Commission Comments

  • A response to this report from the Edmonton Police Commission is attached (Attachment6).
  • The Commission is recommending that all Commissioners, including Councillors, be subject to a regular security check prior to initial appointment only and that Commission staff be subject to enhanced security checks prior to hiring.
  • The Commission also recommends that Commissioners be given the option of submitting to an enhanced security check. It is however the opinion of the Office of the City Clerk that allowing an option would be difficult to administer through the recruitment process as there are different time requirements for each type of security check.

Justification of Recommendation

Council is being asked to provide direction on whether or not citizen and Council member appointments to the Edmonton Police Commission should be subject to a security check, and if so at what level that security check should be conducted.

Background Information Attached

  1. Recruitment Processes – Regular Security Checksvs. Enhanced Security Checks
  2. Information on Enhanced Security Checks to be Provided in Application Packages
  3. Proposed Edmonton Police Service Procedure for Conducting Enhanced Security Checks on Edmonton Police Commission Members
  4. Security Checks – Comparison to Other Municipalities
  5. Recommendations of City Auditor
  6. Edmonton Police Commission Comments

Others Reviewing this Report

  • Edmonton Police Commission

(Page 1 of 4)

Attachment 1

Recruitment Processes – Regular Security Checks vs. Enhanced Security Checks

Current Process for Conducting Security Checks of Short-Listed Applicants to the Edmonton Police Commission / Process for Conducting Enhanced Security Checks of Members Conditionally Appointed to the Edmonton Police Commission
Council determines candidate short list. / Council determines short list.
Consultant contacts short listed candidates and arranges for the completion of security check requests – consultant will visit candidates at their office and make herself available after hours. / Council interviews applicants.
Council’s consultant gathers the information and submits the request. / Council makes conditional appointment.
Security office conducts search and provides, an initial e-mail to indicate clear/not clear for each candidate and then follows with providing stamped checks to the Consultant. / Consultant contacts appointee and arranges for a meeting between the appointee and the Human Resources Division’s Inspector of the Edmonton Police Service.
Council notified if an security check was not clear. / Inspector will gather information and submit the request.
Council interviews applicants / Security office conducts search – upon completion of Part 1 of check, letter is provided to applicant to provide to the Office of the City Clerk. The applicant must provide the letter to the City Clerk as a record, or must withdraw from the process.
Council makes appointment. / Appointment is announced if check is clear.
Upon announcement of successful candidate and with the appointee’s permission, security check is provided to the Edmonton Police Commission. / Upon announcement of successful candidate there will be no need to provide the letter to the Edmonton Police Commission.
Edmonton Police Commission uses completed security check to request Edmonton Police Service to issue identification and access card to new Commissioner Edmonton Police Commission keeps original security check. / Edmonton Police Commission will retain the letter and use to request Edmonton Police Service identification and access card to the Commissioner.
Office of the City Clerk destroys security checks from unsuccessful candidates after two years. / If a letter is provided with “not clear”, the Office of the City Clerk will destroy the letter after two years.
Security office bills Office of the City Clerk. / No cost for enhanced security checks.
Time required to conduct regular security checks =
2 to 7 days
(depending on the number of checks) / Time required to conduct enhanced security checks =
Part 1, 2 to 4 weeks
Part 2, up to 4 months

Attachment 1 - Page 1 of 1

Attachment 2

Information on Enhanced Security Checks to be Provided in Application Packages

Currently, applicants to the Edmonton Police Commission are provided with the following:

  • Recruitment Profile
  • Overview of the Edmonton Police Commission
  • Edmonton Police Commission Bylaw 9304
  • Application Form

If Enhanced Security Checks are to be conducted, applicants will also receive:

  • A sample of an Enhanced Security Clearance form
  • A copy of the Enhanced Security Questions for Edmonton Police Commission Members (as outlined in the remaining pages of this Attachment 2)
  • A copy of the Edmonton Police Service process to conduct Enhanced Security Checks for Edmonton Police Commission Members (as outlined in Attachment 3 to this report)

ENHANCED SECURITY QUESTIONS

for the

Edmonton Police Commission

NAME OF APPLICANT: ______DATE: ______

  1. Have you ever used any First / Middle or Last name(s) other than what you have listed on the Enhanced Security Check for EPS-Related Duties form?

(This includes maiden, all married, aliases and / or legal name change.)

Yes: ______No: ______

If yes, list all other names ever used.

LastFirstMiddle

______

______

______

______

(If more space is needed, please make a notation “See Over” and write on the back side of this page.)

  1. Have you ever been charged with a criminal offence? (This may include Impaired Driving, Dangerous Driving, include more examples other than driving convictions).

Yes: ______No: ______

If yes, what was the charge? ______

______

When was the charge? ______

______

What were the circumstances, and who all was involved? ______

______

What was the outcome or disposition? If convicted, have you received a pardon? _____

______

  1. Have you ever had any dealings with this or any other Police agency? (This may include victim complainant, suspect, traffic violations, investigations, alternative measures, extrajudicial sanctions, noisy or out-of-control parties, collisions, tickets, witness, reporter, etc.)

Yes: ______No: ______

If yes, please explain ______

______

  1. Have you ever been involved in any criminal activity?

Yes: ______No: ______

If yes, please explain ______

______

  1. Have you ever had any dealings with or been involved with any criminal groups or organizations?

Yes: ______No: ______

If so, what are they – groups, organizations, or activities? ______

______

  1. Have you ever pawned any property? What type of property? Why?

Yes: ______No: ______

______

  1. Are you involved in any activities that would be an embarrassment to the Edmonton Police Commission?

Yes: ______No: ______

If yes, please explain ______

______

  1. Have you ever been present when a family member, friend or associate was charged with a criminal offence?

Yes: ______No: ______

If yes, please explain ______

______

Do you still have contact? ______

______

What have you done to distance yourself from this person? ______

______

  1. Have any family members or associates ever been charged with a criminal offence?

Yes: ______No: ______

If yes, please explain ______

______

Do you still have contact? ______

______

What have you done to distance yourself from this person? ______

______

  1. Have you ever been present when family members, friends or associates had any dealings with this or any other Police agency (e.g. alternative measures, extrajudicial sanctions, noisy or out-of-control parties, tickets, calling the police, investigations, suspect, collisions, witness, other contact with police, etc.)

Yes: ______No: ______

If yes, please explain ______

______

  1. Are any of your family members or associates, to your knowledge involved in any type of criminal activity, gangs, or organizations?

Yes: ______No: ______

If yes, what gangs, organizations, activities? ______

______

  1. Are any of your family members or associates involved in any activities that would be an embarrassment to the Edmonton Police Commission?

Yes: ______No: ______

If yes, please explain ______

______

  1. Do you have regular contact with all family members listed? ______

______

Are you a Canadian Citizen, or do you have landed immigrant status? (Check one)

Canadian Citizen

Landed immigrant

Other ______

Questions Asked By: ______

Attachment 2 - Page 1 of 6

Attachment 3

Proposed Edmonton Police Service Procedure for Conducting Enhanced Security Checks on Edmonton Police Commission Members

CHAPTER M
ENHANCED SECURITY CHECKS for

EDMONTON POLICE COMMISSION MEMBERS

All applicants recommended by Edmonton City Council for appointment to the Edmonton Police Commission are subject to an enhanced security check, as directed by Edmonton City Council, prior to appointment.

The enhanced security check shall involve a two-stage search process for the applicant and their immediate family members conducted by the Police Information Check Unit and Intelligence Analysis Unit. Fingerprints from the applicant will be obtained, queried through AFIS and forwarded to the National Repository in Ottawa for query only. When returned, they are to be placed within the applicant’s file.

1.Procedure

(A)The Office of the City Clerk, or its delegate, shall make appointments for all applicants recommended by Edmonton City Council for appointment to the Edmonton Police Commission to meet with Human Resources Division’s Inspector i/c Employee Services Branch for the purpose of completing an enhanced security check application. The applicant will be informed, at the time the appointment is set, that the enhanced security check process involves:

(1)Completion of an Enhanced Security Questions for the Edmonton Police Commission form.

(2)An interview regarding the information disclosed on the Enhanced Security Questions for the Edmonton Police Commission form.

(3)Completion of an Enhanced Security Check for EPS-Related Duties Only form. The applicant must bring two pieces of identification in the form of a valid government issued identification that has both their name and date of birth such as a: Driver's License, Passport, Birth Certificate or Alberta Health Care Card. One piece must be picture ID.

(4)The applicant, their spouse, common-law, significant other, parents, children over the age of 12 years, brothers, sisters, step-relatives, and room-mates must be included on the form and will be checked against PROBE, CPIC, JOIN, PIRS and an intelligence search. The applicant must come prepared with complete names (birth name, all names ever used) and dates of birth for the above mentioned individuals.

(5)The applicant’s fingerprints will be obtained, queried through AFIS and forwarded to the National Repository in Ottawa for query only. Fingerprints will be returned and held on file with the enhanced security check file only and not in any automated database. The EPS has no control over the time it takes the RCMP to complete the National Repository query.

(6)Upon completion of the EPS portion of the enhanced security check, a letter will be provided to the applicant. It will be the responsibility of the applicant to provide the Office of the City Clerk with the original letter. This letter will likely be provided prior to having received the results of the fingerprint search by the RCMP in Ottawa, as those searches typically take a few months. If there is a “hit” in Ottawa, the circumstances will be investigated by the Inspector i/c Employee Services Branch to determine if the information contravenes the enhanced security check guidelines.