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MINUTES - Special Council - 19631111. ·~··. ·: 'MDrn'TES OF A SPT!DUL MEETING OF COUNCIL HELD TN TRF! C~!L CJ;LA.lV!BBftS ' ON MONDAY N'OV'EMBBR ,'!TH 1963 AT 8.,5'0 P,M, . I I ·-· ,.--.~--..• I , ! .. ~ L.....~,__,_ PRESENT M'AYOR REEVE . DEPUTY REEVE CO UNO ILLORS .,-·:-... ,. ~--------~· CQ4M- KEITH NISBET ( IN THE CHAIR ) ' C ,F. DAVIS VIM,H • STODDART CHILD, JONES, MANNING-, MOFFAT, WILLIAMSON. Mayor Ni::ibet explained that this special meeting of Council was · called to open tenders for the .purchase of Town of Aurora debentures in the amount of $168,259,65 YIEL:D R.k. DALEY & GAIRDNER & co. 5~% ... $99.4-0 5'.784-;5 BELL-GOULINLOCK & CO, 5!% ·-$98 .. 00 5,8673 J ,L, GRARAM & CO. MILLS, SPENCE & CO, 5!% ·-$97.Sl 6% ._ $99.22 5.8975 6. 04-68 sTcinn:in 'r.: :DAVIS: . DAVIS: MOFF,f\.T: . •• _. -)•'•> .·. _:--.• ;•Reso:J, ved ··that' t:he' Tehder7 o{·R;·.k·; · n.AL¥L& -Gil:!'tnnR ·. CO, '·to. purchase Town of Aurora bonds in an amo\pit of $168,259;65, at $99.40 per $100.00 at a Odupon rate 'QF''51%'"TOr '9."1Jtlfl'tffi.~''l'lT', to 2o y.earS. be accepted and the.Seal of the Corporation 'be attached hereto,'' · Carried, "Resolved that further busines.s be co.,nsidered at· .this meE~ting_.," · · ··· ·· Carried, ( . • . • ..(~ . """''--~~-----~~-~~. ~··=·=='''"·~-.. ~.,.-.~ ! ... SPECIAL C OUNC I1 -2-NOVEMBER '11 ,1963 . Councillor J~~s .....,.,...,fl.l.J.:r .. ~d that the Works Oommi."'--ee with Mayor Nisbet and Deputy Reeve Sti)d«..-lW>d <::JtQIIO>=i.~d the ~, ... ~-­ ment trucks and found the 1959 Chev~ in bad shape. Estimates on necessary repairs were received from: Aurora Collision Service Aurora Auto Body (Extra if required-2 Headlamp housings) $275.00 $292.64 $ ·16, 00 Ken Arnold Auto Body JONES: DAVIS: $350,58 "Resolved that the repairs job on the 1959 Chev, truck be given to Aurora Auto Bondy -Dunning Ave, at an estimate cost of $292,64 and if headlamps housings are required an extra $16,00 will be necessary. And that the Seal of the Corporation be attached hereto," Carried, Councillor Williamson stated that P,c.c. truck required floor repairs. Reeve Davis stated that at the last Council meeting a delegation appeared on behalf of the local bus operator and the Reeve requested an early reply so that a ballot on the question coulD be submitted to the ratepayers at the coming municipal election for their decision. Mayor Nisbet read a letter from Mr. Wm. Bailey showing average number of dail;y_passengers for a period of 10 months and stated that this .JD.atter hail :'been re:forred to the Services Committee for study and ·'l'eport.- ·.· -~'t· . .< ~Reeve Davis asked about a proposed meeting with King and Whitchurch Councils to discuss the fire agreement~ Mayor -,hebct stated a definite date had not been arr~~ged but would be as soon as possible. An invitation from Art Giddy sec:vetary, Aurora Fire Department, to attend the York County Mutual Aid meeting on Wednesday 1 November 13th was read; Three Council members will be present but the other.inembers expressed their regret at their inability due to prior engagements. Reeve Davis brought to Council's attention the Red Cross dJ:Iive fo·r blood donors. CHILD: "Resolved the the meet:i,;ng adjourn." STODDART: ";" The meeting then adjourned, _ .. - ~ ' • • • • 'r , ·. li'IAYOR ' ~-.• /.' ~ . . .. . . . ..... ~ . ~~~~~~···~·-·••-~.·m .. ••••••·• •••••••••• ...• •·•·• •• 0-•·~••"'•••~-o.w•~••~••~·~~~-~-~- .-~,. ··~ \., __ ,.-' _..,._ ) ·I ' ' \.-. .. :; /·.·· 'j\. \ ' i ' ....._"_/ BETWEEN: IN THE MATTER OF THE POLICE ACT, R.s.o. 1960, Chapter 298, .,~, AND IN THE MATTER OF the Arbitration of disputes THE CORPORATION OF THE TOWN OF AURORA, hereinafter called the "TOWN", -and - THE AURORA POLICE ASSOCIATION, hereinafter called the "ASSOCIATION" BOARD OF ARBITRATION: HIS HONOUR JUDGE WILLIAM K. WARRENDER. APPEARANCES: T .• B •. Mcpherson, Solicitor for the Town, To D. McKeening, Chairman Police Committee, and George Sinclair, Vice-Chairman Police Committee, P. D. Isbister, Q.c., Solicitor for. the Association, Donald Lewis, Constable, President of the Association, M. McClenny, Constable, and c. Krochter, Sergeant. AWARD The hearing took place in the Aurora Council Chambers on Friday, November 8th, 1963, and it was agreed by both parties at the outset that the Board was legally constituted and that both parties were properly before the Board. Under our legislation police are not allowed to strike, but when bargain- ing agreements cannot be arrived at with respect to working conditions and wages, the issues in dispute must be decided by arbitration and the awards of such boards must be accepted both by the police and by the Police Committee. Because of this method of settling disputes concerning wages and working conditions, it seems to this Board of Arbitration that its aim should be to make an award as near as possible to that which would haye resulted, if the parties had /~ bargained in good faith and that such bargaining was continued until a settlement of all issues was arrived at; it is from this viewpoint that the Board now approaches ills task. Efficient, effective police service is an absolute necessity to the orderly functioning of any community. - 2 - Police work is similar to that of employees engaged in a service industry in the sense that police work does not result in any product which is evidenced by the physical production of goods. Police are public servants and as law enforcement officers they serve all members of the public. The fact that police serve all members of the public puts them in a different category from other persons employed in what is generally understood to be a service industry, in that persons engaged in a service industry serve their customers who are generally limited to some segment of the community and, in any event, never does any one service industry, except perhaps hydro, serve every member of the community. Police are municipal employees in the sense that municipal revenues pay for their services and they are directed by a Police Committee who are part of the civic administration. Police authority is original and not delegated. Upon appointment a police officer swears allegiance to the Crown. He is a member of a body which is subject to discipline, answerable for a breach of the code of discipline of policemen to his superior officers, and answerable to the eourts for any improper use of authority. A police constable must be vigilant in the use of his authority if he is to carry out his duties but, in so doing, he must never exceed his authority. A good police constable has to exercise a considerable degree of initiative, common sense and leadership and, at the same time, always maintain a sense of courtesy and tact. A police constable has an individual responsibility which requires good training and the exercise of individual judgment and common sense, different from that required of most salaried employees, and the efficiency and good reputation of the force as a whole depends, to a large degree, upon the way in which the individual constables react and use their judgment in a wide variety of situations. Having this background in mind and also realizing that the Board must consider the ability of the taxpayer to pay for any increases in salary on the one hand, and a fair treatment of the members of the Police Department on the other, the Board proceeded to consider the matters in dispute which are as follows: 1. Salaries. 2. Annual Vacation. -3 - 3, Allowance for use of personal automobiles. 4, Lunch room facilities. 5. Court attendance, 6. Written agreement. 1, SALARIES : For the purposes of comparison the salary of the First Class Constable shall be used, In 1961 his salary was $4,350,00; in that year as a result of an award by His Worship Magistrate John T. Shillington the First Class Constable of Aurora received an increase of $150,00 along with many other "fringe benefits". In 1962 the Council of Aurora awarded the police a further increase of $150,00 to a total of $4,650 .• 00, This year the Council of Aurora has sought to hold the line and this Board of Arbitration has been the result. In Newmarket where the population is nearly double Aurora's, the First Class Constable for 1963 received $4,650.00, but Markham Village (population 5,400) pays its First Class Constable $5,100.00, and in Richmond Hill (population 19,000) I he received $5,000.00 in 1963. However, it is noted that in Aurora the population ... ~·· has increased by 10% and the assessment has increased by about three million dollars or 25% over the preceding year, It is noted, too, that the police of Aurora have many "fringe benefits" which are not enjoyed by the police of neighbouring municipal- ities. There is some evidence of leap-frogging among the municipalities of Aurora, Newmarket, Richmond Hill and Markham Village. That is, as the First Class Constable makes a gain in salary or "fringe benefits'' the other municipalities using that as an example seek to have their First Class Constables fare as well or better. The obvious result means increases to the police in these municipalities but it can also result in unfair treatment so far as other civil servants are concerned and arouse in the mind of the local ratepayer the suspicion that the police are a favoured group, Closer examination by the Town of salaries and "fringe benefits" of all civil servants, police, etc,, working in Aurora may dispell this feeling among the ratepayers and at the same time bring fair treatment to all civil servants. Having in mind the increase of $150,00 awarded by the Council of Aurora in 1962 and the present conditions, this Board awards a salary increase of $150,00 to each officer under the rank of Chief retroactive to January 1st, 1963. - 4 - It was noted in the Town Brief that no officer on the Aurora Police Department is a High School graduate. The starting salary, it seems to this Board, is too low to attract many with a higher education and this Board suggests to succeeding Councils that the starting salary for probationary constables should be increased substantially when the time comes for the hiring of new ones. 2. ANNUAL VACATION: Counsel for the Association stated at the hearing that its claim in respect of this matter had been abandoned and the Board therefore makes no order. 3. USE OF PERSONAL AUTOMOBILE -CAR MILEAGE: Officers who are required to use their personal automobiles on duty are allowed a minimum of $2.00 or 10¢ per mile. This rate was requested by the Association in 1961 and as there is no evidence to justify an increase at this time the Board makes no order. 4. LUNCH ROOM FACILITIES: The Board has come to the conclusion that it has no jurisdiction in respect of this matter and further as both Counsel agreed that this matter could be resolved the Board makes no order. It was noted that the Town is presently making arrangements for lunch room facilities for the police in a nearby building. 5. COURT ATTENDANCE : No allowance is being made to an officer for attendance at Court during off duty hours. The Board feels that it may be more efficient from an administrative standpoint to make an allowance for attendance at Court in off duty hours rather than arrange time off. The Board therefore orders an allowance of $6.50 per day for each day an officer is required to attend Court during off duty hours. Counsel for the Association agreed that if the allowance were granted the police should not receive witness fees for court appe~tlances. The Board there- fore orders that if a member of the Aurora Police Force is paid any witness fees while on or off duty the witness fees shall be endorsed over to the municipality. 6. WRITTEN AGREEMENT: Counsel for the Town submitted that it was prepared to sign a written agreement as asked for by the Association. It is highly desirable that this should - 5 - be done as soon as practicable and as the Statutes require that it shall be done the Board makes no order. ·'/ .. -_, All of which is respectfully submitted. DATED AT HAMILTON this /.S~ r/.. day of November, 1963. -~ ' Arbitrator.