BY LAW NUMBER 82 -2009
OF
THE CORPORATION OF THE CITY OF BRANTFORD
Being a By-law to enact a Workplace Violence
And Security Policy
THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE CITY OF BRANTFORD
HEREBY ENACTS AS FOLLOWS:
1.
The attached Workplace and Security Policy is hereby enacted as a policy of the
Corporation of the City of Brantford.
2.
This By-law comes into effect immediately.
READ A FIRST TIME:
READ A SECOND TIME:
PASSED:
JUNE 22, 2009
JUNE 22, 2009
JUNE 22, 2009
MAYOR
CLERK
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CITY OF BRANTFORD
WORKPLACE VIOLENCE
AND SECURITY POLICY
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Table of Contents
Introduction
Chapter 1. Behaviour
subject to the Policy
Chapter 2. Responses to
Unacceptable Behaviour
Chapter 3. Prevention and
Readiness
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Tool number one. Helping yourself
Tool number two. Obtaining help from a Supervisor
Tool number three.
Contacting the police or security services
Tool number four. Refusing service.
Tool number five. Removing and restricting access
No trespass orders
Other means of limiting access
Appeal rights
Review rights
Fee for Appeals and Reviews
Reporting and Record keeping
Video Surveillance
General
Responsibility
Preconditions for installation
Access and use
Retention
Evaluation
Recording and monitoring of telephone calls
Physical Plant and Design modifications
Keys and access cards
Use of entry alarms
Panic button alarms and communication devices
Security Guards
Site specific matters
Security screening and metal detection devices
Refusal to rent facilities
Other programmes
Chapter 4. Training and
Enforcement of the Policy
Chapter 5. Interpretation
and Glossary of Terms
Form 1
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Form of Notice under Trespass to Property Act
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Introduction
Unfortunately, problems of personal safety and security are becoming increasingly significant
to City staff and members of Council. This document is intended to create policies and procedures
that will improve the safety of staff and members of Council while engaged in the fulfillment of their
duties and responsibilities for the City. While reading this document, it is important to recognize
that it has a limited scope. This policy looks at the relationship of the outside world to municipal
staff and Councillors, and is concerned with the challenges presented by unacceptable behaviour by
clients and other outside sources. That is not to say that unacceptable behaviour caused by internal
sources is not a matter of concern. There are, however, other means for addressing Unacceptable
Behaviour that comes from within. There are Codes of Conduct that apply to both staff and
members of Council, and these Codes of Conduct are the means through which Unacceptable
Behaviour arising from these sources is handled.
This document is based on three simple but related principles.
Entitlement
The most important of these is the principle that staff and members of Council are entitled
to perform their duties without exposure to unacceptable behaviour. In some policies, this first
principle is expressed in terms of “zero tolerance”, and this is true for this document to some extent.
The very term “unacceptable behaviour” implies that the behaviour in question cannot be tolerated
or accepted. In writing this policy, the City has not taken the direction of other “zero tolerance”
policies and established a fixed regime of responses to be followed in every case, but has instead
established some further principles to be followed that will guide but not absolutely determine the
outcome.
Empowerment
The second principle is that municipal staff and members of Council must be empowered to
deal with unacceptable behaviour when it occurs. In approaching this principle, this policy speaks
in terms of providing “tools” that can be used by staff and members of Council. The policy
describes these tools in some detail, and sets out ways that they can be used. Training will be an
important component in the understanding of these tools. But – in the same way that tools are used
with other everyday tasks, not every tool can be used for every job. Also, like all tools, it is possible
that they can be properly used to build more than one thing, so there is no fixed response for all
situations. That does not mean that responses to security threats and unacceptable behaviour will be
completely random, with unpredictable variation in the outcomes while applying the policy, but it
does mean that there is a range of acceptable responses within the parameters of the policy.
Preparedness
The third principle is that the City must adopt a policy of preparedness. The municipality
must commit itself to adopt measures so that it can either prevent unacceptable behaviour from
happening, or that will allow it to react appropriately when it does happen. This final principle
includes training and enforcement of the policy and also includes a number of practical measures
that can be taken.
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CHAPTER I
BEHAVIOUR SUBJECT TO THE POLICY
A simple general principle underlies every aspect of this policy. That principle is that staff
and members of Council are entitled to perform their duties without exposure to Unacceptable
Behaviour. Like many of the terms used in this policy, “Unacceptable Behaviour” is defined in the
glossary but unlike these other terms, the definition of Unacceptable Behavour is reproduced below
because it is so important to the operation of the policy.
“Unacceptable Behaviour” means:
(a)
Making any kind of communication (whether spoken, written, gestured or otherwise
expressed or communicated) to staff or Members of Council, or other persons present at
any City workplace, which include the use of profanity, statements contrary to the Human
Rights Code (such as racial slurs or sexual harassment), or threats contrary to section 264.1
of the Criminal Code;
(b)
When communicating with staff or Members of Council, unnecessarily raising ones voice,
shouting, or yelling;
(c)
Slamming or throwing objects, whether City property or not, or performing other similar
aggressive or threatening actions;
(d)
Committing any criminal offence within any City facility or on any City lands, or in respect
of any City staff or Members of Council at any other City Workplace, contrary to the
Criminal Code or the Controlled Drugs and Substances Act. For instance, the commission
of an assault would be contrary to section 266 of the Criminal Code, and the threat to inflict
injuries on people, property or animals would be contrary to section 464.1 of the Criminal
Code;
(e)
Breaking any applicable rules established by the City in respect of any of its lands or facilities;
(f)
While present at any City facility or on City-controlled lands, contravening the requirements
of the Ontario Liquor Licence Act, including the requirements of any permits issued for City
facilities; or,
(g)
While present at any City facility or on City lands, performing any act that is contrary to the
provisions of the Ontario Human Rights Code.
Unacceptable behaviour does not include merely unpleasant conduct (such as simple bad manners
and rudeness that does not go beyond the limits in (a) through (e)). For instance, a taxpayer may
speak in a slightly condescending manner to a staff member, perhaps reminding him or her that he
pays his or her salary, and although these communications will be rude, they will not constitute
Unacceptable Behaviour for purposes of the policy.
This general principle is subject to two important constraints:
1.
Firstly, it is recognized that Unacceptable Behaviour may be caused by parties who are under
disability – minors or persons who are mentally incapable within the meaning of the Substitute
Decisions Act. Although the presence of disabilities will not transform Unacceptable Behaviour
into acceptable behaviour, it will be a consideration in choosing the appropriate response to the
behaviour.
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2.
Secondly, Unacceptable Behaviour does not include any behaviour which would be
protected by the provisions of the Charter of Rights and Freedoms – and this includes an ability to
conduct non-violent protests on public property, and to criticise strongly local or other government
actions. It is the intention of this policy that the definition of unacceptable behaviour – and
everything else in the policy - will fall within the limits of the Canadian Charter of Rights and
Freedoms. If there is an inconsistency between this policy and the Charter, the words in this policy
will be “read down” as necessary to achieve compliance with the Charter. That means that no
matter what the words appear to say, they will be interpreted so that they comply with the Charter.
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CHAPTER II
RESPONSES TO UNACCEPTABLE BEHAVIOUR
This policy deals with Unacceptable Behaviour by adopting the principle of empowerment.
This means that staff and members of Council will be given tools to respond to unacceptable
behaviour and shown how to use those tools. But most importantly, empowerment means that staff
and members of Council will have the right to use the tools that they have been given, provided they
do so in the manner described in this document.
No policy is a substitute for human judgment, or for the appropriate exercise of compassion
and humanity. It is not the intention of this policy to create a document that operates to define
what happens in every case with the certainty of a mathematical function, so that the substitution of
the same x always produces the same y. Tools can be used in many different ways to achieve results
in many different situations. It will not necessarily mean that the tools are being used improperly if
they are used to produce different results in particular cases, as long as the tools are used in the
manner described in this policy and in accordance with the training that will be provided.
In a particular situation, it may be possible to use a single tool, or multiple tools may be
required in order to respond to the situation – particularly if the situation escalates. For instance, a
staff member may initially attempt to use Self-help techniques to react to a situation, but may use the
Refusal of Service tool if those techniques are unsuccessful. It may be necessary to use further tools
depending on the Client’s reaction to Refusal of Service.
These tools are outlined below:
TOOL NUMBER ONE
HELPING YOURSELF
Sometimes, but not always, it will be an alternative to take action on your own.
Staff and members of Council may attempt to react to Unacceptable Behaviour using selfhelp techniques to deal with difficult individuals and situations. Obviously, it is necessary to have
training and guidance if self-help techniques are to be successful, and Chapter Four deals with issues
surrounding training. The important point to note is that the City will support and encourage
individuals who choose to help themselves if they do so in accordance with this policy and the
training and guidance they have been given.
It is also important to note that no staff member or member of Council shall be under any
compulsion to use such self-help methods. The choice to react by helping yourself is something
that can only occur within an individual’s own comfort level. Unacceptable behaviour which
exceeds an individual’s comfort level, or which involves criminal activity, must be dealt with through
a different method than self-help. These other methods will always require help from someone else,
and this help will be provided as necessary.
Apart from the precautions that may be taken on a systemic basis pursuant to this policy,
individual and groups of staff members or members of Council will encounter situations and
circumstances where they perceive risks and dangers from clients. This perception may develop
from anecdotal evidence they may have received, or through their own personal intuition, without
necessarily having any concrete evidence or records of past wrongdoing. Staff and members of
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Council are encouraged to take additional precautions when they perceive risks and dangers, despite
the fact that they may be relying on sources or feelings that might not withstand rigorous
examination. For instance, a building inspector who has a bad feeling about a particular client would
be justified in asking for a second inspector to accompany him or her on visits involving that client,
even though the client has not yet actually done anything wrong.
In situations involving aboriginal protests arising from land compensation claims or other
claims to aboriginal rights, this tool is not available and is always the wrong choice. Matters
involving aboriginal protests have to be dealt with by upper levels of management and should be
considered at least at the Senior Management Committee level whenever possible.
TOOL NUMBER TWO
OBTAINING HELP FROM A SUPERVISOR
Supervisors are available and required to help with situations involving Unacceptable
Behaviour.
Every staff member of the City of Brantford will have an entitlement to obtain assistance
and support from his or her supervisor to deal with any unacceptable behaviour. Supervisors will be
under a corresponding duty to provide assistance and support to staff members who have requested
such assistance and support, or to staff or members of Council who have not requested the
assistance and support but who have been observed to need it.
TOOL NUMBER THREE
CONTACTING THE POLICE OR SECURITY SERVICES
The police are an important option in many circumstances. In addition, at locations where
there is a security presence already, it makes sense to deal with any on-site security services first. But
every staff person and member of Council is encouraged to contact the police in any situation where
unacceptable behaviour is occurring if they feel intimidated or unsafe. Also, all City staff shall be
under a positive obligation to contact the police if they observe the commission of criminal offences
within any City facility or upon City lands to report their observations.
Contacting the Police may be the first in a long sequence of important and necessary steps
within the criminal justice system – all of which are outside the City’s control. But the important
point to remember is that the City supports the criminal justice system and requires its staff and
members of Council to cooperate and support this system as well. The City will use its best efforts
to support staff who are required to attend Court or otherwise participate in criminal proceedings as
a result of complaints they initiate, but there are so many different kinds of judicial processes and
these processes can be long, short, complex, or simple, so it is not possible to guarantee that
someone will always be able to accompany the victim for such appearances. Reasonable efforts will
be made.
TOOL NUMBER FOUR
REFUSING SERVICE
Refusing to serve a person exhibiting unacceptable behaviour is the appropriate alternative in
certain cases.
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All staff and Members of Council of the City are empowered to use Refusal of Service as a
tool to respond to Unacceptable Behaviour, as follows:
(a)
If the Unacceptable Behaviour consists of oral communications, written
communications, or communications through gestures that include profanity, Refusal of
Service is permitted if the staff member or member of Council has asked the Client to stop
the Unacceptable Behaviour and the Client has either refused or neglected to comply with
the request;
(b)
For all other forms of Unacceptable Behaviour, Refusal of Service is permitted as
soon as the Unacceptable Behaviour occurs without the necessity of issuing a warning or
asking the Client to stop the Unacceptable Behaviour.
Where feasible, the Refusal of Service should be preceded by some type of statement to the client
indicating that service is being refused because of the Unacceptable Behaviour that has been
exhibited, but it is recognized that it may not be possible to make such as statement in all cases. It
would, for instance, be inappropriate to expect a statement to be made where some type of physical
confrontation seems imminent, or if the making of the statement would obviously escalate the
problem.
TOOL NUMBER FIVE
REMOVING AND RESTRICTING ACCESS
In some cases, the appropriate reaction to Unacceptable Behaviour is to remove the rights of
access that the public traditionally enjoy. Clients who have shown Unacceptable Behaviour at any
City facility may be restricted from entering or remaining at City facilities in accordance with the
following:
(a)
“No Trespass” orders
No Trespass orders are a remedy which will prohibit access to specified City facilities on a
long-term or short-term basis. It is expected and required that staff will exercise discretion in the
issuance of these orders because of their significant consequences. Such orders may represent a
significant reduction in the civil rights of persons against whom they are issued, especially as the
duration and geographic extent of these orders increases. For that reason, the policy of the City will
be that any such order will interfere with the right to access City property to the minimum extent
necessary to achieve the objectives of the order. That means that a “no trespass” order shall not last
longer or restrict access to more facilities, or include more conditions or restrictions, than are
reasonably necessary to respond to the Unacceptable Behaviour.
No Trespass orders will be issued in the prescribed form attached to the policy. If the
Unacceptable Behaviour consists of oral communications, written communications, or gestures that
include profanity, the issuance of a Trespass Order is permitted if a staff member has asked the
Client to stop the Unacceptable Behaviour and the Client has either refused or neglected to comply
with the request. For all other forms of Unacceptable Behaviour, the issuance of a Trespass Order
is permitted as soon as the Unacceptable Behaviour occurs without the necessity of issuing a
warning or asking the Client to stop the Unacceptable Behaviour.
No Trespass orders may be issued pursuant to the provisions of the Trespass to Property
Act by the following staff:
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1.
To restrict access for five days or less, “no trespass” orders may be issued by the the
Manager in charge of the single facility to which access shall be prohibited;
2.
To restrict access for periods from five to 30 days, “no trespass” orders may be
issued by the Manager or the Director in charge of the facility or facilities to which access
shall be prohibited;
3.
To restrict access for 30 days or more, “no trespass” orders may only be issued by
the Director in charge of the facility or facilities to which access shall be prohibited; and,
4.
To restrict access to multiple facilities controlled by multiple City departments, or to
all city facilities generally, “no trespass” orders may only be issued by the Senior
Management Committee of the City.
(b)
Other means of limiting access.
Depending on their physical arrangements, departments are empowered to institute
procedures for identifying difficult clients and making arrangements to meet with them in particular
offices or secure environments within their facilities so that any conflicts can be de-escalated and the
opportunities for harm to staff are minimized. An example of such a procedure is the “purple
sticker” procedure used within Ontario Works. This is a procedure used to identify difficult clients
so that they can be interviewed in a secure setting within Ontario Works where special offices have
been constructed for this purpose.
(c)
Appeal Rights
Because of the significant impact on the civil rights of persons subject to “no trespass”
orders, it is necessary that an appeal process be present to ensure that these orders can be reviewed
and modified or dismissed as required. For that reason, persons against whom an order has been
issued shall have the right to lodge an appeal against the order. Such appeals may question the
issuance of the order itself, or may request relief from terms and conditions of the order, such as its
duration or its geographic extent. For instance, an appellant may wish to dispute that he or she
committed the Unacceptable Behaviour that caused the order to be issued. Also, an appellant may
wish to dispute the scope of the order. An appellant may wish to challenge both the issuance of the
order and the scope of the order. A representative of staff familiar with the circumstances of the
order shall attend any hearing. Preferably, this person shall be the same person who originally issued
the order.
A new committee will be formed to be called the “Trespass Order Appeals Committee”
consisting of two members of Council and three members of staff to hear these appeals. The
committee will be able to confirm the order, or allow the appeal in whole or in part. A further
appeal to Council is available. If any member of the committee issued the order in question, that
member shall excuse himself or herself from consideration of the appeal.
(d)
Review Rights
Special provision is made for orders that have a duration of greater than one year. Persons
against whom such orders have been issued shall have the right to an annual review of the order at
which it shall be considered whether or not there has been any change in circumstances that would
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suggest that the order should be modified or suspended. This Review shall be conducted by the
same committee established to hear appeals against orders. The first review can be requested not
sooner than one year after the order has been issued, with a further entitlement to an annual review
after that. As with appeals, if any member of the committee issued the order in question, that
member shall excuse himself or herself from consideration of the review request. An appeal of the
decision in respect of any review request may be taken to Council.
(e)
Fee for Appeals and Reviews
There is a $100 fee to lodge an appeal or to request a review, which would need to be
processed through the City’s Fees and Charges By-law. The charge would be refundable if the
appeal or review is successful, either in whole or in part.
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CHAPTER III
PREVENTION AND READINESS
Preparedness is an important element of this policy. In addition the adoption of measures to
respond to Unacceptable Behaviour when it occurs, the municipality shall also adopt proactive
measures designed to prevent unacceptable behaviour from occurring or for making the City better
prepared for it when it does happen. These measures are described below:
1.
REPORTING AND RECORD KEEPING
(a)
Incident reports and no-trespass orders will be created in a standard format. A
mechanism will be developed, preferably through Lotus Notes, which will allow reports of all
incidents and the issuance of all trespass notices to be filed through the City’s computer system and
maintained in a database. Responsibility for the database is specifically assigned to the Property
Management Department of the City.
(b)
The full database will be made available to all security staff of the municipality, and
applicable portions of the database will be made available to reception staff at particular facilities.
These staff will be expected to sign a confidentiality agreement with respect to the information in
the database before receiving access to it. The database will not be generally available to all staff and
Members of Council, and the over-riding policy which would define whether or not access to the
database would be granted to particular staff or Members of Council shall be based on a
consideration of that staff’s or that Member of Council’s need to know. A person needs to know if
he or she “needs the record in the performance of their duties and if the disclosure is necessary and
proper in the discharge” of the City’s functions.1
(c)
The manager of the database will be responsible for monitoring situations revealed
by the information, such as an escalation in Unacceptable Behaviour at multiple City facilities by a
particular individual, and bringing these matters to the attention of the Senior Management
Committee of the City. The Senior Management Committee will be able to use the tools set forth
in the policy to respond to these matters, including the disclosure to those staff and members of
Council who should be made aware of the situation.
(d)
Any systems developed shall take account of the City’s obligations under the
Municipal Freedom of Information and Protection of Privacy Act.
(e)
Because the records maintained under this section have continuing value to the
municipality for planning purposes, these records shall be retained indefinitely.
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(a)
VIDEO SURVEILLANCE
General
The City will utilize video surveillance to ensure the security of individuals, assets and
property. Such surveillance systems will be used as a resource at selected sites within the jurisdiction
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Section 32(d) of the Municipal Freedom of Information and Protection of Privacy Act.
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of the Corporation. In the event of a reported or observed incident, the review of recorded
information may be used to assist in the investigation of the incident.
Because of the fact that video surveillance technology has a high potential for infringing
upon an individual’s right to privacy (and although video surveillance technology may be required
for legitimate operational purposes) its use must be in accordance with the provisions of the
Municipal Freedom of Information and Protection of Privacy Act and other protections.
The policies respecting video surveillance will not apply to covert surveillance used for law
enforcement purposes or video or audio recording of City Council Meetings.
(b)
Responsibility
The Property Management Department will be responsible for the implementation and
maintenance of all video surveillance systems in accordance with this policy. This includes the lifecycle management of authorized video security surveillance systems, generation of specifications,
equipment standards, installation, maintenance, replacement, disposal, signage installation and all
other requirements of the policy.
The Property Management Department shall maintain at all times a list of personnel who are
authorized to access and operate any video surveillance systems.
(c)
Preconditions for the Installation of Video Surveillance Equipment
Before any video surveillance equipment is installed at any site, each of the following
conditions must have been satisfied:
1.
There must be documentation of any one of the following components at the site at
which it is proposed to install the video surveillance equipment:
(a)
(b)
(c)
Commission of crimes or other offences,
Significant safety concerns; or,
Significant crime prevention concerns,
based on the policy position that video cameras should only be installed in identified public
areas where video surveillance is a necessary and viable detection or deterrence activity.
2.
There must have been an assessment of the effects that the proposed video
surveillance system may have on personal privacy in an attempt to mitigate any adverse
effects, based on the policy position that privacy intrusion should be minimized to that
which is absolutely necessary to achieve its required, lawful goals.
3.
If there are any agreements between the City and service providers in relation to the
operation of the equipment on behalf of the municipality, these agreements must include a
provision which indicates that the records created while delivering a video surveillance
program are under the City’s control and subject to Municipal Freedom of Information and
Protection of Privacy Act.
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4.
All employees and service providers who shall be involved in the operation of the
video surveillance system must have been given a copy of the City’s policy and executed a
document verifying their review of the policy;
5.
An accurate record must have been made showing the location of all video cameras,
together with a plan that defines when any video recording equipment shall be operational.
The development of the plan and the determination of the locations of the reception
equipment shall have been selected in accordance with the following principles:
(a)
Video surveillance equipment will not be used to monitor the inside of
areas where the public and employees have a higher expectation of privacy
such as change rooms and washrooms.
(b)
Equipment will be installed in a strictly controlled access area so that
only controlling personnel have access to the access area and the equipment.
(c)
Equipment shall be installed in such a way that it only monitors those
spaces that have been identified as requiring video surveillance.
(d)
Adjustment of the camera position shall be restricted, if possible, to
ensure only designated areas are being monitored.
(e)
Video surveillance shall generally be restricted to periods when there is
demonstrably a higher likelihood of crime being committed and detected in the
area under surveillance.
6.
A notice of collection of personal information must have been posted at the site.
The public should be notified of the existence of video surveillance equipment by clearly
written signs prominently displayed at the entrances, exterior walls, interior of buildings
and/or perimeter of the video surveillance areas. This notice must satisfy the notification
requirements under section 29(2) of MFIPPA, which includes a requirement that individuals
be informed of the legal authority for the collection of personal information, and the title,
business address and telephone number of someone who can answer questions about the
collection.
The following is suggested wording for use in building signage, based on a minimum
requirement of the Information and Privacy Commissioner:
THIS AREA IS MONITORED BY VIDEO SURVEILLANCE
CAMERAS. Video information is collected for security purposes. Please
direct inquires to: (title, business address and phone number of someone who can be
contacted during business hours to answer questions about the collection of personal information)
7.
Day to day responsibility for the system must have been assigned to a particular
person or persons, with provision made for absences and holidays, and these persons shall
be responsible for the day-to-day operation of the system in accordance with the policy,
procedures and direction/guidance that may be issued from time-to-time.
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(d)
Access and Use
Information collected by way of video surveillance systems shall only be used for the purposes
of the stated rationale and objectives set out to protect public safety or to detect and deter criminal
activity and vandalism. Information should not be retained or used for any other purposes.
1. All tapes or other storage devices that are not in use should be dated, labelled and stored
securely in a locked container located in a controlled access area.
2. Access to the storage devices should only be by authorized personnel. Logs shall be
maintained which show all occasions on which there has been access to, and use of, recorded
material to enable a proper audit trail. The personal information recorded by video surveillance
is subject to access and privacy legislation. An individual whose personal information has been
collected by a video surveillance system has a right of access under Section 36 of the Municipal
Freedom of Information and Protection of Privacy Act. Access will depend upon whether an
exemption applies and if exempt information can be reasonably severed from the record.
3. Only the City Manager, City Solicitor, General Manager, Director or a delegated alternate
may review the information. Circumstances which would warrant review will normally be
limited to an incident that has been reported/observed or to investigate a potential crime.
(e)
Retention
The retention period for information that has not been viewed for law enforcement or
public safety purposes (or is not needed for some other related purpose) shall be not longer than
Sixty (60) calendar days. Once the end of retention period is reached, all tapes or other records
must be erased and reused or securely disposed of (shredded, burned or degaussed), or otherwise
erased.
When recorded information has been viewed for law enforcement or public safety purposes,
the retention period shall be a minimum of one (1) year from the date of viewing. If, for instance,
recorded information is relevant to a no trespass order which has been issued, it would normally be
retained for at least as long as the duration of the no-trespass order. The City will store and retain
storage devices required for evidentiary purposes according to standard procedures until the law
enforcement authorities request them.
(f)
Evaluation
At least once in every calendar year, the Property Management Department will re-evaluate
the placement of each video surveillance system and determine whether or not it the system
has:
1.
2.
Prevented or diminished the incidence of unacceptable behaviour; or,
Enhanced the ability of the municipality or law enforcement personnel to respond to
any unacceptable behaviour which did occur,
and determine whether or not each such video surveillance system should be retained.
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3.
RECORDING AND MONITORING OF TELEPHONE CALLS
Consideration will be given to installing equipment that will make it possible to monitor and
record telephone conversations for the purpose of recording threatening or other criminal
conversations. The priority for making it available shall be front-line staff working in a customer
service environment.
Except for recording of emergency services telephone calls, a message will need to be
delivered (automated or otherwise) indicating that the call could be monitored and recorded before
any monitoring or recording of calls is done. The message would be similar, if not the same, as
messages commonly encountered when speaking with large organizations such as Bell or Rogers.
The retention of any recorded telephone calls would be governed by the same periods as
video surveillance.
4.
PHYSICAL PLANT AND DESIGN MODIFICATIONS
When dealing with space planning and accommodation needs for any City department,
consideration shall be given to the need, if any, for the provision of a secure area which can be used
for meeting difficult clients of that department. In addition, all plans for renovations and design of
municipal office space or other municipal facilities, shall be reviewed under Crime Prevention Through
Environmental Design (CPTED) principles, with reasonable adjustments made as necessary to comply
with these principles. The Purchasing Officer shall be directed to include appropriate references to
CPTED principles in all solicitations for design and renovation of municipal facilities.
Specific work will be undertaken to City Hall to prevent members of the public from gaining
free access to the entire building during Council meetings, as is currently the case. This will include
the erection of walls and doors to restrict public access from the first floor and second-floor lobbies
while maintaining the ability of the public to access washroom facilities.
5.
KEYS AND ACCESS CARDS
Keys are distributed on the basis of a decision by the responsible manager to whom keys will
be issued. The underlying policy is that keys will be distributed to those staff who need them, so
that staff will have access to the areas where they need to be. The corollary to this principle is that
staff will not have access to areas where they do not need to be.
Access cards are distributed according to the same underlying policy. Old-fashioned keys
should be discontinued over time, with the eventual replacement of all keys with access cards. The
reasons underlying this policy change are not unlike the reasons that have caused hotels to move
away from traditional keys to access cards. If they are lost, they can be cancelled, and they can also
be cancelled if the privileges of a user are revoked for any reason. They cannot be copied, and they
can be programmed to work only at certain times and not at other times, unlike the traditional key,
giving much more flexibility.
The use of identification cards will be mandatory. The increasing need for access cards to
get from place to place will buttress the enforcement of this requirement by making it necessary to
have the cards at all times.
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The retention of data surrounding the use of access codes, such as who entered particular
facilities and when, would be retained on the same basis as discussed above for video surveillance
and recorded telephone calls.
6.
USE OF ENTRY ALARMS
All City facilities and offices should be equipped with entry alarms that are monitored at a
remote location. This requirement may be relaxed for some facilities that are staffed on a 24 hour
basis, such as fire stations, but would be the general rule for all municipal buildings and offices.
The distribution of security codes used to gain access to facilities with alarms shall be on the
same basis and according to the same principles as for the distribution of keys and access cards –
that staff would be given the means to access facilities where such access is needed for their job and
that they would be restricted from such access if it was not needed for their job. Systems shall be
developed so that all persons who are able to disarm security systems would be issued an individual
code which would not be shared with others.
7.
PANIC BUTTON ALARMS AND COMMUNICATION DEVICES
Some staff of the municipality are already provided with panic button alarms at their
workstations. The advent of wireless technology has enhanced the ability to provide such panic
buttons, and such alarms will continue to be provided to staff based on the following principles:
(i)
They would be provided to staff who are in workstations located in remote locations
and are especially vulnerable because of this remoteness;
(ii)
They would be provided to staff who have a job that causes them to be especially
vulnerable because of the clientele they are dealing with, the level of exposure to the public
(such as the Council Chambers), or the nature of the work they are doing; or,
(iii)
They would be provided to staff who, because of personal circumstances, have a
special vulnerability which would not be caught under (i) or (ii). Examples might include a
staff person who is withdrawing from an abusive relationship or is a victim of stalking.
All public transit vehicles should be equipped with GPS and radio communications
equipment that would allow an emergency contact to be made and determination of location.
All staff who are working off City premises or in remote locations must have access to a cell
phone or other communications devices for emergency purposes, either given to them on an
individual basis or to at least one member of any group in which they are working.
Staff who have been issued cell phones are to be required not to deactivate any GPS option
on the phones.
8.
SECURITY GUARDS
Security guards should be deployed in the following circumstances:
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(i)
At events and public meetings where there is a reasonable apprehension that there
might be security issues;
(ii)
At all public meetings of Council, Committees of the Whole, the Property Standards
Committee, and the Committee of Adjustment,
(iii)
At all main municipal offices and major recreational facilities, such as City Hall and
the Gretzky Centre.
Administration of all security contracts for the City shall be unified within the Property
Management Department of the City.
9.
SITE-SPECIFIC MATTERS
Emergency plans will be created for all City facilities that take into account the specific
circumstances of each such facility. Similar action shall be taken with respect to Bomb threat plans,
so that specific plans are created for each facility that take account of any special considerations for
that facility. The creation of such special plans may be as simple as modifying a generic plan to
make adjustments to account for specific site characteristics, or may require more significant efforts
to accommodate special site needs and circumstances.
For each City facility, a risk assessment will be developed that will address the matters
discussed in the preceding paragraph as well as other site-specific risks which require specialized
consideration for that facility. This assessment will include an examination of the specific physical
characteristics of the site and its environment, the function of the facility, the sorts of work
performed there, the history of problems encountered at the site, and other pertinent matters.
Appropriate recommendations will be made for actions that should be taken to minimize or
eliminate the effects of any risks that are identified.
The Property Management Department shall have oversight of the work performed under
this section.
10.
SECURITY SCREENING AND METAL DETECTION DEVICES
Consideration may be given in the future to the installation of metal detection and other
security screening equipment at the point of entrance to City Hall and other municipal facilities if
such measures become warranted.
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REFUSAL TO RENT FACILITIES
City staff may refuse to rent facilities to proposed users if on reasonable grounds it is
concluded that it is probable that illegal activities or unacceptable behaviour will occur during the
course of the rental. This will include circumstances where it is concluded that the person renting
the facility appears likely to engage in illegal activities, and will also include circumstances where it
appears likely that persons will be invited or attracted to the facility who are likely to engage in illegal
activities.
Standard rental agreements shall contain terms that implement the foregoing.
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12.
OTHER PROGRAMMES
The City will continue the following initiatives:
(a)
Employee Assistance Programme
The Employee Assistance Program (EAP) is a professional short term counselling
service available to full time City of Brantford Employees. The purpose of EAP is to help you
identify and resolve problems before they seriously affect you, your family, your job or even your
health. This is a voluntary and strictly confidential program wherein the provider provides no
information to The City regarding the identity of individuals accessing the program.
(b)
Critical Incident Stress Management Team
The Critical Incident Stress Management Team is established to minimize,
particularly in crisis situations, the harmful effects of job stress on City Employees. The services the
Team provides include Education, Defusing, On-Scene Support and Debriefing. Critical Incident
Stress is any workplace incident that may cause an individual to experience strong emotional
reactions, which have the potential to interfere with the individual’s abilities either at the scene or
later. Critical Incident Stress Management aims to maintain health and productivity, prevent
traumatic stress effects, restore personnel to normal abilities, encourage recovery from stress and
enhance the overall environment in which employees work and live.
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CHAPTER IV
TRAINING AND ENFORCEMENT OF THE POLICY
Generally, training shall be widely provided to all staff with respect to the contents of the
policy and the resources available to them under it. Training will be tailored and adjusted as
necessary so that particular employees and classes of employees, as well as Members of Council,
obtain the training that they require to anticipate and react to the particular challenges that they
have.
All training functions will be centralized in the Human Resources Department. The Human
Resources Department will give a copy of the policy to new employees at the time of hire. The City
Clerk will provide a copy of the policy to members of boards and advisory committees, and shall
include a copy in the materials distributed to each new Council prior to its inaugural meeting.
Training shall be provided to front-line staff with respect to self-help methods that they may
employ within their own individual comfort level for the purpose of dealing with difficult people
and situations. An example of such training is the training provided for non-violent crisis
intervention pursuant to the programme offered via the Crisis Prevention Institute. Training should
include the distribution of written materials that can be retained for ongoing review and reference.
City employees may be subject to discipline if they knowingly or deliberately breach the
policy or the provisions of any applicable legislation or other relevant statutes. This will also include
failure to follow any security protocols that are developed.
Where the City has a contract with external service providers who provide security-related
services, the contract shall provide that failure by the service provider to comply with the policy or
the provisions of the policy and any applicable laws is considered a breach of contract leading to
penalties up to and including contract termination. Employees of institutions and employees of
service providers should sign written agreements regarding their duties under the policy and the
Municipal Freedom of Information and Protection of Privacy Act, including an undertaking of
confidentiality.
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CHAPTER V
INTERPRETATION AND GLOSSARY OF TERMS
Although this document depends on a great number of pieces of legislation, such as the
Occupational Health and Safety Act, the Municipal Freedom of Information and Protection of
Privacy Act, the Occupiers Liability Act, the Trespass to Property Act, and the Criminal Code, every
attempt has been made to draft this document in a format that makes it more accessible to the
average reader than these primary sources.
In interpreting and applying this policy, the definitions of the following words shall be as
noted below.
“Client” means a customer, citizen, user, patron, or other person attending at a City Workplace.
“Council” means the Mayor and all members of Council.
“Facility” means premises being used by the City for any City business, including rental premises
leased to the City, and also includes vehicles such as City buses.
“Personal information” means personal information as defined in the Municipal Freedom of
Information and Protection of Privacy Act. It will include recorded information about an
identifiable individual, which includes, but is not limited to, information relating to an individual’s
race, colour, national or ethnic origin, sex and age. If a video surveillance system displays these
characteristics of an identifiable individual or the activities in which he or she is engaged, its contents
will be considered “personal information” under the Act.
“Record” means any record of information, however recorded, whether in printed form, on film, by
electronic means or otherwise, and includes: a photograph, a film, a microfilm, a videotape, a
machine-readable record, and any record that is capable of being produced from a machine-readable
record.
“Reception Equipment”, when used in conjunction with a video surveillance system, refers to the
equipment or device used to receive or record the personal information collected through a video
surveillance system, including a camera or video monitor or any other video, audio, physical or other
mechanical, electronic or digital device.
Refusal of Service” is a passive response to Unacceptable Behaviour that involves refusing or
withdrawing services from a client in response to Unacceptable Behaviour. Refusal of Service might
include walking away from and refusing to give further acknowledgement to a Client, the
termination of a telephone call by hanging up, or other similar actions.
“Staff” or “Employee” means any full time or part time employees of the City and includes
volunteers, including volunteer appointees to City Boards and Committees.
“Storage Device” means a videotape, computer disk or drive, CD ROM, computer chip or other
device used to store the recorded data or visual, audio or other images captured by a video
surveillance system.
“Training” includes retraining as necessary.
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“Unacceptable Behaviour” means:
(a)
Making any kind of communication (whether spoken, written, gestured or otherwise
expressed or communicated) to staff or Members of Council, or other persons
present at any City workplace, which include the use of profanity, statements
contrary to the Human Rights Code (such as racial slurs or sexual harassment), or
threats contrary to section 264.1 of the Criminal Code;
(b)
When communicating with staff or Members of Council, unnecessarily raising ones
voice, shouting, or yelling;
(c)
Slamming or throwing objects, whether City property or not, or performing other
similar aggressive or threatening actions;
(d)
Committing any criminal offence within any City facility or on any City lands, or in
respect of any City staff or Members of Council at any other City Workplace,
contrary to the Criminal Code or the Controlled Drugs and Substances Act. For
instance, the commission of an assault would be contrary to section 266 of the
Criminal Code, and the threat to inflict injuries on people, property or animals would
be contrary to section 464.1 of the Criminal Code;
(e)
Breaking any applicable rules established by the City in respect of any of its lands or
facilities;
(f)
While present at any City facility or on City-controlled lands, contravening the
requirements of the Ontario Liquor Licence Act, including the requirements of any
permits issued for City facilities; or,
(g)
While present at any City facility or on City lands, performing any act that is contrary
to the provisions of the Ontario Human Rights Code.
Unacceptable behaviour does not include merely unpleasant conduct (such as simple bad
manners and rudeness that does not go beyond the limits in (a) through (e)). For instance, a
taxpayer may speak in a slightly condescending manner to a staff member, perhaps
reminding him or her that he pays his or her salary, and although these communications will
be rude, they will not constitute Unacceptable Behaviour for purposes of the policy
“Video Surveillance System” means a video, physical or other mechanical electronic or digital
surveillance system or device that enables continuous or periodic video recording, observing or
monitoring of personal information about individuals in open, public spaces (including streets,
highways, parks), but does not include recordings of City Council meetings.
“Workplace” means any premises (whether owned by the City or otherwise) where the business of
the municipality is being transacted, including vehicles.
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Form 1
Form of Notice under Trespass to Property Act
(To be completed on applicable City Letterhead)
IN THE MATTER OF THE TRESPASS TO PROPERTY ACT,
R.S.O. 1990, CHAPTER T.21
NOTICE
TO:
(insert name and address of person to whom notice is to be given)
1.
You are to hereby directed and informed pursuant to section 3 of the Trespass to Property
Act, R.S.O. 1990, chapter T. 21, that you are prohibited from attending at, having entry to or
otherwise having access to the following lands and premises:
(Instructions: Insert description of lands and premises. This should be sufficiently explicit
so that there is no possibility of confusion whatsoever)
2.
This Notice shall remain in effect for the following period:
( )
( )
3.
For an indefinite period; or,
For the following period
The prohibition in this Notice is subject to the following exceptions:
(Instructions: include any applicable exceptions. If none, state NONE. Consider
exemptions to permit attendance at public meetings, if applicable for the facility.
Also, consider whether an exemption should be given for attendance at pre-arranged
appointments.)
4.
The exceptions in section 3 of this notice are subject to conditions. If any of the
following conditions are breached during any attendance at City Hall, your right of attendance
pursuant to the foregoing exceptions shall be immediately terminated and shall remain
terminated for the duration of this Notice.
(Instructions: If the answer to item 3 is NONE, indicate “not applicable”. If there are
exceptions, include any applicable conditions here. Consider making it a condition that
“No Unacceptable Behaviour within the meaning of the City’s Violence and Security Policy
may occur while attending at the applicable facility”)
Executed at Brantford this day of
, 20
The Corporation of the City of Brantford,
Per:
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