Leading practice in police Leading practice in police governance: Canada and governance: Canada and

abroadabroad

Andrew GrahamAndrew Graham

School of Policy StudiesSchool of Policy Studies

Queens UniversityQueens University

What I hope to coverWhat I hope to cover

• Governance practice in various countriesGovernance practice in various countries

• Some principles that are really Some principles that are really important in deciding on governanceimportant in deciding on governance

• What the practice of good governance What the practice of good governance looks like – leading practicelooks like – leading practice

The tensions at playThe tensions at play

• Achieving effective civilian oversight of policing in Achieving effective civilian oversight of policing in a democratic societya democratic society

• Ensuring knowledgeable oversight and Ensuring knowledgeable oversight and governancegovernance

• Avoiding undue interference in police practice Avoiding undue interference in police practice which is guided by criminal and civil law and which is guided by criminal and civil law and overseen by the courtsoverseen by the courts

• Avoiding political interference in individual police Avoiding political interference in individual police action or the use of the police for political action or the use of the police for political purposespurposes

• Guaranteeing adequate transparency, Guaranteeing adequate transparency, accountability and public support to police accountability and public support to police functions.functions.

“The difference between “bureaucrats with guns” and law enforcement officers is simple: police are supposed to be prohibited equally from pursuit of their own desires and from acting on the whim of politicians. Unlike civil servants, they are not supposed to respond to “political masters”. Their job, simply, is to enforce the law.”

Wes Pue, “The Prime Minister’s Police? Commissioner Hughes APEC Report” (2001) 39 Osgoode Hall

No one right answerNo one right answer

• The Canadian experience is rich and varied – lots to The Canadian experience is rich and varied – lots to learn there: in some respects, among the best in the learn there: in some respects, among the best in the worldworld

• The American experience is also rich, but with little The American experience is also rich, but with little or no type of oversight such as we have – complaints or no type of oversight such as we have – complaints and litigation drivenand litigation driven

• Long-standing practice in the UK and Australia with Long-standing practice in the UK and Australia with some major growth in citizen involvement in recent some major growth in citizen involvement in recent yearsyears

• The Policing Board in Northern Ireland (created with The Policing Board in Northern Ireland (created with much Canadian help) has been pivotal in overcoming much Canadian help) has been pivotal in overcoming deep animosities about the constabulary theredeep animosities about the constabulary there

key characteristics of the key characteristics of the ‘‘Canadian Canadian modelmodel’’

• A complex function of government: needs focused A complex function of government: needs focused understanding.understanding.

• Chief is an employee of the Board who supervise Chief is an employee of the Board who supervise that person. that person. Police commissions hire and fire the Police commissions hire and fire the Chief. Chief.

• The Chief reports to the board or commission not a The Chief reports to the board or commission not a municipal council. This ensures his independence. municipal council. This ensures his independence.

• Police boards or commissioners are the creatures of Police boards or commissioners are the creatures of the provinces that have the legal authority over the the provinces that have the legal authority over the administration of justice and are appointed through administration of justice and are appointed through mixed processes to ensure greater representivity.mixed processes to ensure greater representivity.

key characteristics of the key characteristics of the ‘‘Canadian Canadian modelmodel’’

• Police commissions oversee budgets for the Police commissions oversee budgets for the Service and their approval by Councils does not Service and their approval by Councils does not permit interference with budget details. permit interference with budget details.

• Often the province will step in or serve as an Often the province will step in or serve as an appeal body. appeal body.

• Police commissions play an important role in Police commissions play an important role in ensuring public confidence in the police service. ensuring public confidence in the police service.

• Boards relate directly to the public, permit the Boards relate directly to the public, permit the public to make presentations to them. Many public to make presentations to them. Many commissions actively consult the community to commissions actively consult the community to get their views of policing.get their views of policing.

• In some instance, they handle the complaint In some instance, they handle the complaint process, once internal processes have been process, once internal processes have been exhausted or the complaint is about the Chief. exhausted or the complaint is about the Chief.

key characteristics of the key characteristics of the ‘‘Canadian Canadian modelmodel’’

• Police boards or commissions operate, for Police boards or commissions operate, for the most part, in public and have a direct the most part, in public and have a direct accountability to the public. The exceptions accountability to the public. The exceptions usually involve personnel matters. After that, usually involve personnel matters. After that, commission meetings are open to the public.commission meetings are open to the public.

• Police commissions set policy and direction Police commissions set policy and direction for the police service. Boards have the for the police service. Boards have the authority to establish the strategic direction authority to establish the strategic direction and create policies that direct how the police and create policies that direct how the police service will function. service will function.

• They do not operate or direct individual They do not operate or direct individual investigations or even staff allocations. investigations or even staff allocations.

Some key principles Some key principles

• ““Robust accountability structures compose one of the Robust accountability structures compose one of the three basic requirements for democratic policing—the three basic requirements for democratic policing—the others being legitimacy and professionalism.others being legitimacy and professionalism.”” (Marenin, O. (Marenin, O. (2005). Building a global police studies community. (2005). Building a global police studies community. Police Quarterly, 8, 99-136Police Quarterly, 8, 99-136))

• Governance of policing requires time and in-depth Governance of policing requires time and in-depth understanding of policing from a citizen perspective not understanding of policing from a citizen perspective not a professional nor political one.a professional nor political one.

• Governance demands a special set of skills and roles to Governance demands a special set of skills and roles to be effective. be effective.

• Police Commissions need to take a whole-of-community Police Commissions need to take a whole-of-community view and be neither puppets of municipal councils, view and be neither puppets of municipal councils, voices of interest groups nor cheerleaders for the Police voices of interest groups nor cheerleaders for the Police ServiceService

Good Governance PracticeGood Governance Practice

• Corporate governance is Corporate governance is ‘‘the system by the system by which organizations are directed and which organizations are directed and controlledcontrolled’’..

For the public sector it embodies 6 principles:For the public sector it embodies 6 principles:

• • a clear definition of the bodya clear definition of the body’’s purpose and desired s purpose and desired outcomes;outcomes;

• • well-defined functions and responsibilities;well-defined functions and responsibilities;

• • an appropriate corporate culture;an appropriate corporate culture;

• • transparent decision-making;transparent decision-making;

• • a strong governance team; anda strong governance team; and

• • real accountability to stakeholdersreal accountability to stakeholders

Canadian Association of Police Boards Canadian Association of Police Boards Best practicesBest practices

• Adopted three years agoAdopted three years ago

• Field-tested in four boards, Field-tested in four boards, large and smalllarge and small

• Represent a set of potential Represent a set of potential standards for good governancestandards for good governance

• A work in progressA work in progress

• But, a model is out there and But, a model is out there and being usedbeing used

• Shows strong potential to Shows strong potential to develop into good governance develop into good governance standardsstandards

BEST PRACTICES –A FRAMEWORK FOR

PROFESSIONALISM ANDSUCCESS IN POLICE

BOARDGOVERNANCE

CAPb best practicesCAPb best practices

• The Right StuffThe Right Stuff: Each board, at a minimum, : Each board, at a minimum, needs to determine the needs to determine the ‘‘compositecomposite’’ skills it skills it requires to meet its responsibilities in such a requires to meet its responsibilities in such a way as to maximize success.way as to maximize success.

• Maximizing SuccessMaximizing Success: Boards needs to have : Boards needs to have continuity of tenure and systems of phased continuity of tenure and systems of phased replacement to ensure continuity. replacement to ensure continuity.

• Conditions of Appointment: Conditions of Appointment: Prospective Prospective Boards members needs to fully understand the Boards members needs to fully understand the amount of time this role takes, the duties amount of time this role takes, the duties expected and the degree of engagement.expected and the degree of engagement.

CAPb best practicesCAPb best practices

• Governance ReviewGovernance Review: Boards should review : Boards should review their performance in an objective way every their performance in an objective way every three years.three years.

• Board Self-Assessment: Board Self-Assessment: As part of its As part of its performance review, the Board should also performance review, the Board should also undertake a self-assessment of its undertake a self-assessment of its performance. performance.

• Orientation: Orientation: All Boards should create formal All Boards should create formal orientation packages and processes for new orientation packages and processes for new Board members.Board members.

CAPb best practicesCAPb best practices

• Education and TrainingEducation and Training: there has to be a regular : there has to be a regular program of education and training for board program of education and training for board members.members.

• Relationship with the Chief: Relationship with the Chief: A clear A clear understanding of the respective roles of he Board understanding of the respective roles of he Board and the Chief must be delineated, preferably in a and the Chief must be delineated, preferably in a formal manner. formal manner.

• Succession PlanningSuccession Planning: The Board has to ensure : The Board has to ensure that there is a succession plan for the position of that there is a succession plan for the position of Chief. This is a shared responsibility.Chief. This is a shared responsibility.

• Strategic Planning: Strategic Planning: The Board should ensure that The Board should ensure that the Chief puts in place a robust strategic planning the Chief puts in place a robust strategic planning process and that its role in guiding it from a policy process and that its role in guiding it from a policy perspective is well understood. perspective is well understood.

CAPb best practicesCAPb best practices

• Risk ManagementRisk Management: the Board will ensure that there : the Board will ensure that there is a formal system of risk management in the Service. is a formal system of risk management in the Service.

• Oversight: Oversight: The Board will create an audit committee The Board will create an audit committee to determine audit scope and review audit results.to determine audit scope and review audit results.

• Accountability to StakeholdersAccountability to Stakeholders: The Board will : The Board will produce an Annual Report on its activities.produce an Annual Report on its activities.

• Responsibility to EmployeesResponsibility to Employees: The Board will make : The Board will make itself available to employees of the Service at least itself available to employees of the Service at least once a year. once a year.

• Procedural Prudence: Procedural Prudence: The Board will formally The Board will formally adopt procedural guidelines to delineate the way it adopt procedural guidelines to delineate the way it makes decisions. makes decisions.

Sounds like common senseSounds like common sense

• State of implementation: continual State of implementation: continual improvementimprovement

• In field of governance, these look pretty goodIn field of governance, these look pretty good

• Note multiple accountabilities of a police Note multiple accountabilities of a police boardboard

• Operations and policy a grey area and always Operations and policy a grey area and always will bewill be

• Good governance takes time.Good governance takes time.

• Strong tensions with appointment process.Strong tensions with appointment process.

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Big Ticket IssuesBig Ticket Issues

Arising from the Practices Themselves……..Arising from the Practices Themselves……..

• Governance Reviews – a concern for costs and Governance Reviews – a concern for costs and benefits benefits

• Underlying utility of competency profiles – Underlying utility of competency profiles – can they affect Board composition?can they affect Board composition?

• Self-assessment will involve a cultural shift Self-assessment will involve a cultural shift towards more conscious governancetowards more conscious governance

• Education and Training – when is enough, Education and Training – when is enough, what can we afford?what can we afford?

• Succession Planning – for whom? Succession Planning – for whom?

• Risk management is a new field – Police Risk management is a new field – Police Boards are not aloneBoards are not alone

• Oversight – by whom and for what?Oversight – by whom and for what?

If Governance is so Important, why is Canadian If Governance is so Important, why is Canadian Practice so VariedPractice so Varied

• It is and it isnIt is and it isn’’t: major diversion is t: major diversion is Quebec, Manitoba and Newfoundland: all Quebec, Manitoba and Newfoundland: all other provinces with municipal policing other provinces with municipal policing have boards or commissions. have boards or commissions.

• All other provinces have some form of All other provinces have some form of oversight which is clouded by the role of oversight which is clouded by the role of the RCMP in contracted policingthe RCMP in contracted policing

• Major gaps: RCMP, SQ, OPP and WinnipegMajor gaps: RCMP, SQ, OPP and Winnipeg

• Anticipate change with the RCMP soonAnticipate change with the RCMP soon

Closing thoughtsClosing thoughts

• Setting police governance is a provincial Setting police governance is a provincial matter as part of its responsibility for matter as part of its responsibility for the administration of justicethe administration of justice

• Police Acts are being upgraded across Police Acts are being upgraded across the country: note Alberta, Nova Scotia the country: note Alberta, Nova Scotia and Ontario recently: all have enhanced and Ontario recently: all have enhanced police oversightpolice oversight

• ManitobaManitoba’’s legislation is overdue for s legislation is overdue for modernizationmodernization

Closing thoughtsClosing thoughts

• While it is desirable for the city to be engaged While it is desirable for the city to be engaged in the process of getting the best police in the process of getting the best police governance, it remains a provincial governance, it remains a provincial responsibility to provide the leadershipresponsibility to provide the leadership

• Ultimately, this is not about the money, as Ultimately, this is not about the money, as important an issue as that is – witness the important an issue as that is – witness the recent FCM publication on policing costsrecent FCM publication on policing costs

• But, if you think you can use governance to But, if you think you can use governance to reduce police costs, think again – good reduce police costs, think again – good governance can create better financial governance can create better financial accountability and deeper budgetary control, accountability and deeper budgetary control, but the cost of policing will continue to risebut the cost of policing will continue to rise