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Decision set to be made on police budget request with arrival of police audit

Timothy Schafer
By Timothy Schafer
November 5th, 2015

An unelected official is expected to make a decision by the end of November that could cost Nelson taxpayers over $300,000, a four per cent rise in property taxes.

In four weeks the director of Police Services from the provincial Ministry of Justice will hand down his declaration on the minimal staffing required in Nelson under the BC Police Act.

When Clayton Pecknold delivers his decision, Nelson Police Department’s request for $311,000 — for two additional officers and one administrative position — from last fall will either be supported or struck down. City council denied the request last fall.

A consultant hired by Pecknold to conduct an audit of the NPD’s request filed his report last Friday.

Peter Lapine’s audit examining police staffing in Nelson will now be reviewed by Nelson city council and the Nelson police board, with final comments on the findings being submitted back to the province by Nov. 13.

Nelson Mayor Deb Kozak, who also chairs the Nelson police board, confirmed the audit had been received but that it remained an in-camera item until council could review it, meaning no contents of the report could be released to the public.

The Nelson police board had a chance to discuss the audit report Tuesday afternoon during its monthly meeting.

Once both groups have a chance to absorb the findings, it is expected they will make a public statement.

“There is also an invitation from the director of police services that if there are any comments on the report before he makes his final decision they must be in by Nov. 13,” said Kozak.

“Then, depending on what (Pecknold’s) decision is, we’ll figure out what the next step is.”

During pre-budget talks last fall city council denied a request by NPD for an additional $311,000 for the police budget to cover the cost of two additional officers and one administrative personnel.

The NPD request cited an increase in workload as the reason for the staffing increase.

The review began when the Nelson police board voted to appeal to the province over city council’s decision to deny the extra funds, employing a rarely used provision of the BC Police Act.

Kozak said the city has the unique honour of being the only municipality to call for this sort of process. Usually police boards and councils work their differences out.

“So if council agrees with the decision they can move forward, and if there is still disagreement they can call for a judicial review of the decision,” said Kozak.

As it stands, the NPD’s approximately $4-million budget makes up 22 per cent of the city’s budget.

However, the police have not added any officers in over 20 years and chief constable Wayne Holland has explained to council that the workload for NPD officers — particularly the handling of mental health cases — has increased in the last few years.

Pecknold’s decision at the end of November will be a legal directive which city council must adhere to, said Kozak, under the auspices of the BC Police Act.

The Nelson police board must also abide by Pecknold’s decision, said board chair Kozak.

The Nelson police board provides direction to the Nelson Police Department through the chief constable. The board is comprised of the mayor, who is designated chair, one person appointed by municipal council and up to five persons appointed by the lieutenant governor-in-council.

Members of the Nelson police board are not paid.

The role of the board is to establish the Nelson Police Department, and to provide general direction to this department, in accordance with relevant legislation and in response to community needs.

Municipal police boards are created independently from municipal councils and from the provincial government. This removes boards from partisan council and politics.

“In a way it’s a good thing,” said Kozak. “You don’t want a city or a council running the police. You want that separation. Police are responsible to the province.”

The city’s pinch for protective services may also become a little sharper, even if Pecknold upholds council’s decision. City police also have an outstanding contract, that expired in 2012, to contend with.

“For a variety of reasons they haven’t come to the table yet,” said Kozak.
Police will be coming to the table early in the next year to negotiate the new contract, however, while the fire department is currently in negotiations with the city on a new contract.

“Protective services are expensive, and they always have been, and they haven’t been decreasing. In comparison to other costs they have taken some big jumps,” said Kozak.

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