Item - 2020.CC22.2

That:

1. City Council request the Province of Ontario to amend the Police Services Act to allow the City of Toronto to have direct oversight over the Toronto Police Services Budget and exempt Toronto City Council from the provisions of subsection 39(4) of the Act by removing the word “not” from the provisions of the subsection, as it pertains to the City of Toronto, as follows:

In establishing an overall budget for the board, the Toronto City council does not have the authority to approve or disapprove specific items in the estimates.

2.  City Council request the Toronto Police Services Board to provide a 2021 budget request that is a minimum of 10 percent lower than the 2020 Approved Budget.

3.  City Council direct the City Manager to consult with the People and Equity Division, Social Development, Finance, and Administration, the Confronting Anti-Black Racism Unit and the Anti-Black Racism Partnership and Accountability Circle and to report to the Budget Committee in the fourth quarter of 2020 on recommended investments that enhance resiliency in marginalized communities, to be provided with the savings that would be realized by reallocating the funds from the 10 percent reduction in the Toronto Police Services budget as described in Recommendation 2 above, potentially including:

a. community-led alternatives to policing and the criminal justice system;

b. anti-racism education;

c. programs identified in the Toronto Youth Equity Strategy;

d. childcare;

e. affordable housing;

f. Tenants’ Defence Fund;

g. skills training and employment counselling; and

h. food security

Part 1 of motion 1a carried. Parts 2 and 3 lost.

That:

1. City Council delete Recommendation 1.a. in the report (June 23, 2020) from Mayor Tory

Recommendation to be deleted:

1.  City Council direct the City Manager, in consultation with the Toronto Police Services Board, to develop alternative models of community safety response that would:

a. Involve the creation of non-police led response to calls which do not involve weapons or violence, such as those involving individuals experiencing mental health crises and where a police response is not necessary;

 and replace it with the following new recommendation:

1.  City Council direct the City Manager, in consultation with the Toronto Police Services Board, the Social Development, Finance, and Administration Division, and the Confronting Anti-Black Racism Unit, the Anti-Black Racism Partnership and Accountability Circle, and the Indigenous Affairs Office to develop alternative models of community safety response that would:

a. involve the creation of non-police led response teams to calls which do not involve weapons or violence, such as those involving individuals experiencing mental health crises, youth-at-risk, sex workers, people experiencing homelessness, those suffering from addiction, and other vulnerable populations and where a police response is not necessary can respond in tandem if police are necessary;

That City Council delete Recommendation 13 in the report (June 23, 2020) from Mayor Tory

Recommendation to be deleted:

13.  City Council request the Toronto Police Services Board to direct the Toronto Police Service to implement a plan to equip all police officers with Body-Worn Cameras by January 1, 2021 and enact policies that ensure consequences for unauthorized de-activation or covering of the cameras.

That:

1. City Council request the Toronto Police Services Board to establish an explicit policy for all police officers, excluding the Emergency Task Force, to immediately ban the use of deadly force and military-style weapons against civilians, including but not limited to firearms, chemical weapons, including tear gas or armoured vehicles, and to dispose of all such weapons by no later than one year by June 30, 2021.

2. City Council request the Government of Ontario to eliminate any and all appeal powers for the Toronto Police Services Board as set out in the Police Services Act, 1990 for the Ontario Civilian Police Commission to overturn Toronto City Council decisions pertaining to Police Budget matters including requests for reduction, abolition, creation or amalgamation of police services. 

3. City Council direct the City Manager to work with the Toronto Police Services Board to establish an accountability office and agency, independent of government and the Toronto Police, empowered through ongoing access to police personnel, facilities and records to conduct self-generated audits of police practices and policies, and report annually to the Toronto Police Services Board and City Council with its audited findings and recommendations.

4. City Council direct the City Manager to work with Black, Indigenous and People of Colour community-led organizations, mental health, restorative justice and legal experts to identify alternative 911 and other emergency responses to replace armed police officers with mobile, community-based crisis programs as first responders to de-escalate and triage non-criminal incidents of crisis involving mental health and addictions, the homeless, school discipline and neighbour disputes and to report back to the September 2020 meeting of the Executive Committee with an immediate work plan to develop the findings and recommendations, along with costing, source of funding and all other pertinent information.

5.  City Council direct the City Manager to establish and resource an Accountability Table with annual reporting, similar to that established for the Toronto Seniors Strategy, by September 2020, composed of representatives of Black, Indigenous, and People of Colour, mental health and addictions experts, homeless advocates, and other equity-seeking groups to monitor the implementation including budgetary impacts of all recommendations pertaining to this report.

Parts 2, 3 and 5 of motion 2 carried. Parts 1 and 4 lost.

That City Council delete Recommendation 4 in the report (June 23, 2020) from Mayor John Tory

Recommendation to be deleted:

4.  City Council request the Toronto Police Services Board to invite the Auditor General to review the budget of the Toronto Police Services Board and identify opportunities for savings and efficiencies.

and replace it with the following new recommendations: 

1.To assist in identifying areas of financial and operational improvement within the Toronto Police Service, City Council request the City Manager to seek an amendment to the City of Toronto Act to expand the City of Toronto's Auditor General's jurisdiction to include auditing the Toronto Police Service.

2. City Council request the Toronto Police Service Board to put forward a motion supporting City Council's request in Recommendation 1 above and to communicate its position to the Province.   

3. Until the legislative change to the City of Toronto Act requested in Recommendation 1 above is in place, City Council request the Toronto Police Services Board to invite the City's Auditor General to independently develop a work plan and conduct audits, which would include an examination of systemic issues, and to provide the Auditor General with the same level of co-operation and access to information as if this was required by the City of Toronto Act.

4. City Council request the Auditor General to report to City Council in the fourth quarter of 2020 on the status of the work plan set out in Recommendation 3 above and the level of co-operation the Auditor General is receiving from the Toronto Police Services Board.

That City Council request the Province of Ontario to amend the Police Services Act and the Community Safety and Policing Act, 2019 (which received Royal Assent but has not yet come into force) to significantly expand the instances in which suspension without pay and revocation of a police officer’s appointment as a police officer is available where serious misconduct is alleged or ultimately established; these amendments should, at a minimum, implement the relevant elements of the Police Services Act, 2018 that addressed suspension without pay and the relevant elements of the Policing Oversight Act, 2018 that created the ability to revoke a police officer’s appointment as a police officer in Ontario.

That City Council request the Province of Ontario to amend the Police Services Act and the Community Safety and Policing Act, 2019 (which received Royal Assent but has not yet come into force) to require that complaints made about a police officer’s public conduct that alleges serious misconduct be investigated by the Province’s independent police complaints agency (currently, the Office of the Independent Police Review Director) and not any police service’s professional standards unit.

That City Council request the Toronto Police Services Board to share regularly updated datasets from their Open Data Portal to the City of Toronto Open Data Portal, taking into consideration for any issues around personal data privacy; data sets to also include:

a. Toronto Police Services Board annual reports in the proper digital format; and

b. converting files currently provided in a .pdf format on the Toronto Police Service Open Data Portal to the proper digital format.

That:

1. City Council request the Toronto Police Services Board to post all relevant open data with regards to its Races Based Data Strategy following all the provincially mandated guidelines to protect personal privacy, to both the Toronto Police Service Open Data Portal and the City of Toronto Open Data Portal.

2. City Council request the Toronto Police Services Board to implement a 24-hour/7-days-a-week program across Toronto for its Mobile Crisis Intervention Team Program.

3. City Council request the Toronto Police Services Board to post its Use of Force Policy on its public website.

4. City Council request the Toronto Police Services Board to post its annual Budget Summary and Uniform/Civilian Staffing Summary per Command with Approved, Proposed and Actuals/ similar to the Excel information provided during the 2018 budget cycle, as the example they should follow starting retroactively for the last 5 years of machine-readable Open datasets to both theirs, and the City of Toronto Open Data Portal.

That City Council request the City Manager to report on the implementation of a City of Toronto Mobile Crisis Assistance Intervention Service, that would deploy unarmed, medically trained crisis intervention assistance personnel, based on the "CAHOOTS" model from Eugene, Oregon. Such report should include:

a. description of how these specially trained first responders would deal with a range of community challenges including: homelessness, intoxication, substance abuse, mental illness, dispute resolution, and basic medical emergency care; and

b. a process whereby when Crisis Assistance Intervention Service is established, that the City would subtract the cost of this new service from future Police budgets.

That City Council request the Toronto Police Services Board to direct the Chief of Police to immediately provide the line-by-line breakdown of the Toronto Police Service's 2020 Budget and to make the breakdown publicly available by July 2020.

That City Council amend Recommendation 1.a. so that it now reads as follows:

1.  City Council direct the City Manager, in consultation with the Toronto Police Services Board, to develop alternative models of community safety response that would:

a. Involve the creation of non-police led response to calls which do not involve weapons or violence, such as those involving individuals experiencing mental health crises and where a police response is not necessary

such as those involving homelessness, drug overdoses, gender based violence, mental health, and traffic offences.

That City Council delete Recommendation 13:

13.  City Council request the Toronto Police Services Board to direct the Toronto Police Service to implement a plan to equip all police officers with Body-Worn Cameras by January 1, 2021 and enact policies that ensure consequences for unauthorized de-activation or covering of the cameras.

And adopt the following new Recommendation:

City Council request the City Manager and the Toronto Police Services Board to reallocate the funds that would otherwise be spent on equipping all police officers with Body-Worn Cameras by January 1, 2021, and instead direct those funds to Social Development, Finance and Administration to address the root causes of safety and security.

That:

1. City Council amend Recommendation 1.a. so that it now reads as follows:

1.  City Council direct the City Manager, in consultation with the Toronto Police Services Board, community-based organizations, social services agencies and mental health support organizations to develop alternative models of community safety response that would:

a. Involve the creation of non-police led response to calls which do not involve weapons or violence, such as those involving individuals experiencing mental health crises and where a police response is not necessary  involving individuals in crisis, and others as deemed appropriate through consultation. 

That City Council request the Toronto Police Services Board:

1. In the recruitment for Toronto's new Chief of Police, to ensure that the successful candidate:

a. has a proven track record of deep and successful reform of policing including:

1.  proven ability to ensure that non-violent de-escalation strategies and techniques are employed at all times by police officers, particularly in relation to engagement with people from racialized communities and with residents with mental health issues; and   

2. demonstrated experience in "modern policing" including building strong, lasting and sustainable bridges and relationships with racialized and marginalized communities and willingness to consider other models for first responder calls for non-violent incidents.

b.  understands and values:

1. the importance of diversity in the City and in the Toronto Police Service itself;

2. acceptance and tolerance of all people and a recognition that Toronto is home to the most culturally diverse population in the world which gives our City its strength in times of crisis all around the world; and

3. the strategies and actions required to ensure that Toronto remains a place of tolerance, diversity and respect for all.  

 2.  To work in consultation with the City Manager to engage the City of Toronto's Anti-Black Racism Unit and Indigenous Affairs Office to assist in the community consultations about the new Chief of Police. 

That City Council delete the Recommendations and adopt instead the following new recommendations:

1. City Council invite the Toronto Police Services Board and the Toronto Police Service to make detailed 2021 and future budget submissions to City Council which would enable enhancements to the service which increase civilian support or response for calls determined to be non-policing or mental health related, and increased accountability measures such as body-worn cameras, conduct investigation capacity, data sharing and reporting.

2. City Council request the City Manager to report directly to the Executive Committee on the possible role of the City in supporting civilian response to non-policing and mental health related calls.

3. City Council request the Province of Ontario to amend the City of Toronto Act to expand the jurisdiction of the City's Auditor General to include the Toronto Police Service and the Toronto Police Services Board, and request the Toronto Police Services Board to consider a similar motion in support of the same.

 
4. City Council request the City Manager to make detailed submissions to the 2021 Budget on proposals and performance measures for investments in critical community and social services, the Anti-Black Racism Strategy, the Immediate Steps to Address Gun Violence Plan, the City’s Poverty Reduction Strategy and Indigenous-led Poverty Reduction Strategy, Indigenous-led initiatives, the Confronting Anti-Black Racism Unit and the Indigenous Affairs Office and advisory bodies, and those in Appendix A to the report (June 23, 2020) from Mayor John Tory.

Adoption of Recommendation 13 only:

13.  City Council request the Toronto Police Services Board to direct the Toronto Police Service to implement a plan to equip all police officers with Body-Worn Cameras by January 1, 2021 and enact policies that ensure consequences for unauthorized de-activation or covering of the cameras.

(Now Part 29 of City Council's decision.)

Adoption of the balance of the item as amended.

Councillor Matlow, rising on a Point of Order, stated that he wish to vote on Part 1 of motion 10 by Councillor Holyday separately.

Councillor Perks, rising on a Point of Order, stated that his understanding is that Part 1 of motion 10 by Councillor Holyday cannot be voted on separately as the motion is deleting the recommendations and adopting new recommendations.

Councillor Holyday, rising on a Point of Order, stated that the Speaker had advised that Mayor Tory had requested that Parts 1, 2 and 3 of motion 1a by Councillor Matlow be voted on separately.  Councillor Holyday further stated if Part 2 of motion 1a by Councillor Matlow does not carry, Part 3 of the motion would be redundant.

Councillor Perks, rising on a Point of Order, stated that Councillor Grimes' questioned the City Manager on whether motions regarding budgetary changes are in order or not in order. Councillor Perks further stated that the Speaker may wish to inform Councillor Grimes that Council has several items on the agenda, such as CafeTO, which have the effect of changing budgets allocations in-year.

Councillor Carroll, rising on a Point of Order, stated that she would like to vote on each Part of motion 2 by Councillor Wong-Tam separately.

Councillor Perks, rising on a Point of Order, stated that he would like to vote separately on recommendation 13 regarding body cameras.

Councillor Fletcher, rising on a Point of Order, stated that she wished to know how the Toronto Police Services Board will be advised of City Council's decision.