Item - 2011.PW9.7

City Council on November 29, 30 and December 1, 2011, adopted the following:

1.         City Council revoke the existing Memorandum of Understanding: Guidelines for Paid Duty Police between Toronto Police Service and Transportation Services Division.

2.         City Council approve the new Memorandum of Understanding: Guidelines for Road Occupancy Traffic Control outlined in Appendix A to the report (October 11, 2011) from the General Manager, Transportation Services, as amended by Parts 3 and 4 below.

3.         City Council direct the General Manager of Transportation Services and the Chief of the Toronto Police Service to delete Clause 4 of Appendix A - Memorandum of Understanding: Guidelines for Road Occupancy and Traffic Control to the report (October 11, 2011) from the General Manager, Transportation Services and replace it with the following:

"4)       a)         Where a road emergency has occurred which, through its circumstances and conditions requires that the ensuing traffic control be provided by a police officer, this traffic control shall be provided by an on-duty officer until the emergency has passed.

                                   b)          If the emergency resolution will be lengthy and on-duty officers are required for other service duties, then staff of Toronto Transportation, Toronto Police and the associated contractor will collectively determine which subsequent traffic control can be provided by means other than an on-duty police officer.

4.         City Council amend Appendix A - Memorandum of Understanding: Guidelines for Road Occupancy Traffic Control, to the report (October 11, 2011) from the General Manager, Transportation Services, to clarify how this Memorandum ought to apply to other emergencies requiring traffic control, by adding the following new Clause 5 under the heading "All Other Emergencies" and renumbering the subsequent Clauses:

ALL OTHER EMERGENCIES:

5.         In the event of any other type of emergency which presents an immediate danger to the health or safety of any person, including but not limited to the failure of buildings or parts of buildings, due to events such as fires, explosions, circumstances resulting in the collapse of buildings or otherwise, and which results in the need for traffic control, the required traffic control shall be provided by on-duty police officers for the duration of the emergency.

Where the City Division(s) having jurisdiction over and managing the emergency determine(s) that the emergency has passed in that the immediate danger to the health or safety of persons is removed and that restoration of the site can be initiated, said Division(s) in conjunction with Toronto Police Service shall determine if continued traffic control is required, and if so, whether the continued traffic control should reasonably be provided by on-duty police officers or transferred to paid duty officers.

5.         City Council request the General Manager of the Transportation Services Division to remove all references to paid duty officers from permits, guidelines, and documents granted/owned/managed/used by the Transportation Services Division and replace with appropriate traffic control requirements as summarized in Table 1 of the Memorandum of Understanding outlined in Appendix A to the report (October 11, 2011) from the General Manager, Transportation Services.

6.         City Council request the Executive Director of Technical Services to remove all reference to paid duty officers from the “Standard Construction Specifications for Roads”, “Municipal Consent Requirements for the Installation of Plant Within City of Toronto Streets” and any other applicable document and replace with appropriate traffic control requirements as summarized in Table 1 of the Memorandum of Understanding outlined in Appendix A to the report (October 11, 2011) from the General Manager, Transportation Services.

7.         City Council request the General Manager of the Transportation Services Division to meet quarterly in 2012 with the Toronto Police Service to review the progress in the implementation of the new traffic control requirements policy and report as needed to the Public Works and Infrastructure Committee.

8.         City Council direct that:

a.         the Transportation Services Division's approved construction plan be posted and maintained in a publicly visible location at all construction sites;

b.         City of Toronto Site Inspection Officers report any concerns or requests for amendments to the approved construction plan and not permit any site changes until Transportation Services approves any revisions to the plan;

c.         all paid duty officers or persons hired for traffic control at construction sites be given a copy of the transportation construction plan; and

d.         public information be posted at every construction site indicating a City of Toronto number to call in regard to any traffic concerns related to that site.

9.         City Council forward this Item to the Toronto Transit Commission, Toronto Hydro and the Toronto Association of Business Improvement Areas for their consideration of further cost saving opportunities through the reduction of reliance on paid duty officers.