Transcript Leading practice in police governance: Canada and abroad

Leading practice in police
governance: Canada and
abroad
Andrew Graham
School of Policy Studies
Queens University
What I hope to cover
• Governance practice in various countries
• Some principles that are really important in deciding
on governance
• What the practice of good governance looks like –
leading practice
The tensions at play
• Achieving effective civilian oversight of policing in a
democratic society
• Ensuring knowledgeable oversight and governance
• Avoiding undue interference in police practice which is
guided by criminal and civil law and overseen by the
courts
• Avoiding political interference in individual police action
or the use of the police for political purposes
• Guaranteeing adequate transparency, accountability and
public support to police 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 answer
• The Canadian experience is rich and varied – lots to learn
there: in some respects, among the best in the world
• The American experience is also rich, but with little or no
type of oversight such as we have – complaints and
litigation driven
• Long-standing practice in the UK and Australia with
some major growth in citizen involvement in recent years
• The Policing Board in Northern Ireland (created with
much Canadian help) has been pivotal in overcoming deep
animosities about the constabulary there
key characteristics of the
‘Canadian model’
• A complex function of government: needs focused
understanding.
• Chief is an employee of the Board who supervise that
person. Police commissions hire and fire the Chief.
• The Chief reports to the board or commission not a
municipal council. This ensures his independence.
• Police boards or commissioners are the creatures of the
provinces that have the legal authority over the
administration of justice and are appointed through
mixed processes to ensure greater representivity.
key characteristics of the
‘Canadian model’
• Police commissions oversee budgets for the Service and their
approval by Councils does not permit interference with budget
details.
• Often the province will step in or serve as an appeal body.
• Police commissions play an important role in ensuring public
confidence in the police service.
• Boards relate directly to the public, permit the public to make
presentations to them. Many commissions actively consult the
community to get their views of policing.
• In some instance, they handle the complaint process, once
internal processes have been exhausted or the complaint is
about the Chief.
key characteristics of the
‘Canadian model’
• Police boards or commissions operate, for the most
part, in public and have a direct accountability to the
public. The exceptions usually involve personnel
matters. After that, commission meetings are open to
the public.
• Police commissions set policy and direction for the
police service. Boards have the authority to establish
the strategic direction and create policies that direct
how the police service will function.
• They do not operate or direct individual
investigations or even staff allocations.
Some key principles
• “Robust accountability structures compose one of the three basic
requirements for democratic policing—the others being legitimacy
and professionalism.” (Marenin, O. (2005). Building a global police studies community. Police
Quarterly, 8, 99-136)
• Governance of policing requires time and in-depth understanding
of policing from a citizen perspective not a professional nor
political one.
• Governance demands a special set of skills and roles to be effective.
• Police Commissions need to take a whole-of-community view and
be neither puppets of municipal councils, voices of interest groups
nor cheerleaders for the Police Service
Good Governance Practice
• Corporate governance is ‘the system by which
organizations are directed and controlled’.
For the public sector it embodies 6 principles:
• a clear definition of the body’s purpose and desired outcomes;
• well-defined functions and responsibilities;
• an appropriate corporate culture;
• transparent decision-making;
• a strong governance team; and
• real accountability to stakeholders
Canadian Association of Police
Boards Best practices
• Adopted three years ago
• Field-tested in four boards, large and
small
• Represent a set of potential standards
for good governance
• A work in progress
• But, a model is out there and being
used
• Shows strong potential to develop into
good governance standards
BEST PRACTICES –
A FRAMEWORK FOR
PROFESSIONALISM AND
SUCCESS IN POLICE
BOARD
GOVERNANCE
CAPb best practices
• The Right Stuff: Each board, at a minimum, needs to
determine the ‘composite’ skills it requires to meet its
responsibilities in such a way as to maximize success.
• Maximizing Success: Boards needs to have continuity
of tenure and systems of phased replacement to
ensure continuity.
• Conditions of Appointment: Prospective Boards
members needs to fully understand the amount of time
this role takes, the duties expected and the degree of
engagement.
CAPb best practices
• Governance Review: Boards should review their
performance in an objective way every three years.
• Board Self-Assessment: As part of its performance
review, the Board should also undertake a selfassessment of its performance.
• Orientation: All Boards should create formal
orientation packages and processes for new Board
members.
CAPb best practices
• Education and Training: there has to be a regular program
of education and training for board members.
• Relationship with the Chief: A clear understanding of the
respective roles of he Board and the Chief must be
delineated, preferably in a formal manner.
• Succession Planning: The Board has to ensure that there is
a succession plan for the position of Chief. This is a shared
responsibility.
• Strategic Planning: The Board should ensure that the
Chief puts in place a robust strategic planning process and
that its role in guiding it from a policy perspective is well
understood.
CAPb best practices
• Risk Management: the Board will ensure that there is a
formal system of risk management in the Service.
• Oversight: The Board will create an audit committee to
determine audit scope and review audit results.
• Accountability to Stakeholders: The Board will produce an
Annual Report on its activities.
• Responsibility to Employees: The Board will make itself
available to employees of the Service at least once a year.
• Procedural Prudence: The Board will formally adopt
procedural guidelines to delineate the way it makes
decisions.
Sounds like common sense
• State of implementation: continual improvement
• In field of governance, these look pretty good
• Note multiple accountabilities of a police board
• Operations and policy a grey area and always will be
• Good governance takes time.
• Strong tensions with appointment process.
Big Ticket Issues
Arising from the Practices Themselves……..
• Governance Reviews – a concern for costs and benefits
• Underlying utility of competency profiles – can they
affect Board composition?
• Self-assessment will involve a cultural shift towards more
conscious governance
• Education and Training – when is enough, what can we
afford?
• Succession Planning – for whom?
• Risk management is a new field – Police Boards are not
alone
• Oversight – by whom and for what?
17
If Governance is so Important, why is
Canadian Practice so Varied
• It is and it isn’t: major diversion is Quebec,
Manitoba and Newfoundland: all other provinces
with municipal policing have boards or commissions.
• All other provinces have some form of oversight
which is clouded by the role of the RCMP in
contracted policing
• Major gaps: RCMP, SQ, OPP and Winnipeg
• Anticipate change with the RCMP soon
Closing thoughts
• Setting police governance is a provincial matter as
part of its responsibility for the administration of
justice
• Police Acts are being upgraded across the country:
note Alberta, Nova Scotia and Ontario recently: all
have enhanced police oversight
• Manitoba’s legislation is overdue for modernization
Closing thoughts
• While it is desirable for the city to be engaged in the
process of getting the best police governance, it remains a
provincial responsibility to provide the leadership
• Ultimately, this is not about the money, as important an
issue as that is – witness the recent FCM publication on
policing costs
• But, if you think you can use governance to reduce police
costs, think again – good governance can create better
financial accountability and deeper budgetary control,
but the cost of policing will continue to rise