Chain of emails including Hamilton Police Board Chair Nancy DiGregorio, Police Board lawyer Lynda Bordeleau and assistant City lawyer Ron Sabo on the legality of Council appointing a Councillor to the Board on a temporary basis.

police board email chain

From: Merulla, Sam 
Sent: Wednesday, June 26, 2013 12:55 PM
To: Bishop, Kathy; DL - Council Only 
Cc: DL - SMT Only 
Subject: Re: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008 
 

Please include this item under correspondence for tonight's Council meeting. I will
be requesting a formal retraction and apology for the irresponsible suggestion that
the Council of the City of Hamilton was unlawful, thereby combating any confusion in
our community that Council would act in an unlawful manner. 


Thank You, 

Councillor Sam Merulla, 
City of Hamilton, Ward 4, 
Twitter: @Sam_Merulla 
City Hall: 905 546 4512 
http://facebook.com/sam.merulla 
24hr pager: 905 777 7491 
[email protected]
 

From: Bishop, Kathy 
Sent: Wednesday, June 26, 2013 12:50 PM
To: DL - Council Only 
Cc: DL - SMT Only 
Subject: FW: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008 
 


As requested by Councillor Ferguson please see emails below.

 

 

 

Lacey Wickham on behalf of,

Kathy Bishop, Executive Assistant
Councillor Lloyd Ferguson, Ward 12 
Ancaster | p: 905-546-3196 | f: 905-546-3137 | 

 

 

 

 

From: Ferguson, Lloyd 
Sent: Wednesday, June 26, 2013 12:00 PM
To: Bishop, Kathy
Cc: Sabo, Ron
Subject: Fw: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008
Importance: High

 

Lacey,

Can you forward this e-mail to all members of Council. 



 

From: Morin, Lois 
Sent: Wednesday, June 26, 2013 10:43 AM
To: Walt Juchniewicz ([email protected]) <[email protected]>; Irene
Stayshyn <[email protected]>; Madeleine Levy <[email protected]>;
Nancy DiGregorio ([email protected]) <[email protected]>; Morelli, Bernie;
Bratina, Bob; Ferguson, Lloyd 
Cc: Westoll, Nick; Whelan, Dechia; Bishop, Kathy; Sabo, Ron 
Subject: FW: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008 
 

 

Members of the Board.

 

I am in receipt of the e-mail (see below) from Ms. Lynda Bordeleau, Legal Counsel. 
As a result, we will reschedule the June meeting.  

 

Please confirm your availability by 4:00pm today - Wednesday, June 26, for the
following dates:

 

Tuesday, July 2 - 4:00pm

Wednesday, July 3 - 4:00pm.

 

Sincerely,

 

Chair Nancy DiGregorio

 

 

From: Lynda A. Bordeleau [mailto:[email protected]] 
Sent: Wednesday, June 26, 2013 10:04 AM
To: [email protected]
Cc: Laura Martin
Subject: FW: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008

 

Nancy,

 

Please find below the email I received this morning from Tom Bell, counsel to the
Ontario Civilian Police Commission.  I am disappointed that the Commission has not
yet received its opinion on the legality of the temporary appointment of Mr.
Ferguson nor has it indicated a time frame for receipt of same.   This is especially
disappointing in light of the report provided to Mr. Bell from the Hamilton City
Solicitor.

 

I have reviewed the report dated June 26th, 2013 and I agree with the analysis of
the Hamilton City Solicitor.  It is my opinion that the temporary appointment is
lawful in light of the application of the Legislation Act.  The Commission's
authority to appoint temporary members under section 14 of the Board Code of Conduct
(Ont. Reg. 421/97 as amended by Ont Reg. 298/05) is only triggered when the Board no
longer has a quorum due to the investigation of a member.  This is not the case in
Hamilton.  There is a quorum.  The temporary appointment is for Mr. Ferguson to act
only during the period in time in which Mr. Whitehead is subject to investigation
and unable to exercise his duties as a board member.  At the present time, it is my
opinion that Mr. Ferguson is a lawful member of the Board.

 

The Ministry of Community Safety and Correctional Services has now, in my view,
backtracked on its position.  Ms. Zafara has confirmed in writing that the temporary
appointment is "arguably not authorized by the PSA".  Frankly, this is a
"non-position".  The use of the word "arguably" after both Ms. Zafara and the
Ministry Advisor Mr. Haggith had stated the appointment to be unlawful, is
unhelpful.  The Ministry should be cautious in the approach it takes to municipal
police services board as they do have authority in relation to the interpretation of
the Police Services Act.

 

To summarize at this point, I am in agreement with the City Solicitor Report, the
Ministry has changed its position and the Commission has not received a legal
opinion within a reasonable time.  In light of the aforementioned, I recommend that
the Board convene to address the Council report and consider the rescheduling of the
postponed meeting.  If the Commission seeks to direct the Board otherwise, it can be
addressed at that time.  To hold the meeting in abeyance any longer or under these
circumstances is not advisable.

 

Please let me know if you would like to discuss this further.

 

Lynda

 



 

 

________________________________

From: Bell, Tom (MAG) [mailto:[email protected]] 
Sent: Wednesday, June 26, 2013 8:58 AM
To: Lynda A. Bordeleau
Cc: Gavsie, David (MAG); Boxer, Cathy (MAG)
Subject: RE: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008

Hi Lynda

 

Thank you for your emails sent yesterday, and the copy of the City’s Report.

 

The Commission does not know when it will receive the legal opinion. The Commission
will provide the Board with its position after the opinion has been received and
considered.

 

Regards,

 

Thomas Bell

Commission Counsel

 

From: Lynda A. Bordeleau [mailto:[email protected]] 
Sent: June-25-13 1:44 PM
To: Bell, Tom (MAG)
Cc: '[email protected]'; Laura Martin
Subject: Fw: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008

 

Hi Tom,

I have attached the City of Hamilton's report with respect to the temporary Board
appointment. The Assistant City Solicitor, Ron Sabo, is copied on this email. You
will note that the Ministry's position on the appointment has been clarified to it
being "arguably not authorized by the Police Services Act". Out of deference to the
Commission, the Board was awaiting your position.

Do you expect an opinion to be received this week?

Lynda 

Lynda A. Bordeleau 
Partner 
Perley-Robertson, Hill & McDougall LLP 
613 566-2847 
Follow me on Twitter! @LyndaBordeleau 

 

From: Sabo, Ron [mailto:[email protected]] 
Sent: Tuesday, June 25, 2013 01:28 PM
To: Lynda A. Bordeleau 
Cc: Guest, Anita <[email protected]> 
Subject: RE: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008 
 

Hi Lynda, I have not contacted the Commission. Although I have your letter to the
City Solicitor I did not have contact information for Mr. Bell nor any time line of
when the Commission might be receiving an opinion. Of course I don’t mind if the
City’s report is forwarded, if that would help their counsel in any way in reviewing
the issue.

 

Ron

 

R. A. Sabo 
Assistant City Solicitor 
City of Hamilton 
Phone 905 546 2424 Ext. 3143 
Fax. 905 546 4370 
The contents of this message are privileged and confidential, intended only for the
recipients named above, and are subject to solicitor and client privilege.  This
message may not be copied, reproduced or used in any manner without the express
written permission of the sender.  If you have received this e-mail and are not the
intended recipient, please destroy it and call 905.546.4520, collect if long
distance. Please note the City maintains email filters which may prevent delivery of
messages.  Thank you.

 

 

From: Lynda A. Bordeleau [mailto:[email protected]] 
Sent: June-25-13 1:18 PM
To: Sabo, Ron
Subject: Re: City of Hamilton Temporary Appointment to the Police Services Board,
Your Reference: HPB008

 

Hi Ron,

Thanks for the information and report. I will consult with my client and report back
to you. Have you contacted the Ontario Civilian Police Commission with respect to
its position?

Lynda 

Lynda A. Bordeleau 
Partner 
Perley-Robertson, Hill & McDougall LLP 
613 566-2847 
Follow me on Twitter! @LyndaBordeleau 

 

From: Sabo, Ron [mailto:[email protected]] 
Sent: Tuesday, June 25, 2013 12:25 PM
To: Lynda A. Bordeleau 
Cc: Guest, Anita <[email protected]> 
Subject: City of Hamilton Temporary Appointment to the Police Services Board, Your
Reference: HPB008 
 

Ms. Bordeleau,

 

As follow-up to correspondence between yourself and Hamilton’s City Solicitor;

 

Please find attached an information report on the agenda and being presented to City
Council at tomorrow’s meeting. You will note that the Ministry has confirmed its
position in writing in the attached emails as being “ …arguably not authorized by
the Police Services Act …”.

 

Given the content of the report and the City’s appointment, can you advise if
Hamilton Police Services Board is accepting Council’s  temporary appointment, or if
the Board intends to challenge the legality of same. While I would appreciate a
response before the Council meeting which commences at 5 p.m. on Wednesday June 26,
I suggest any response consider the scheduling of the next Board meeting as well.

 

Please feel free to contact me if you wish to discuss the report or issue further,
in the absence of the City Solicitor who is away until July 8.

 

Ron Sabo

 

R. A. Sabo 
Assistant City Solicitor 
City of Hamilton 
Phone 905 546 2424 Ext. 3143 
Fax. 905 546 4370 
The contents of this message are privileged and confidential, intended only for the
recipients named above, and are subject to solicitor and client privilege.  This
message may not be copied, reproduced or used in any manner without the express
written permission of the sender.  If you have received this e-mail and are not the
intended recipient, please destroy it and call 905.546.4520, collect if long
distance. Please note the City maintains email filters which may prevent delivery of
messages.  Thank you.

 

Lois Morin
Administrator
Hamilton Police Services Board
155 King William Street
Hamilton, ON L8N 4C1
Phone: 905-546-2727
Fax: 905-546-4720
E-mail: [email protected] <mailto:[email protected]>  /www.hamiltonpolice.on.ca
<http://www.hamiltonpolice.on.ca/>  

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