No sign of legal opinion on Ferguson's police board appointment

Written By Unknown on Kamis, 18 Juli 2013 | 22.46

By Adam Carter, CBC News

Posted: Jul 18, 2013 7:06 AM ET

Last Updated: Jul 18, 2013 7:01 AM ET

 

Hamilton's police services board is languishing in meeting limbo.

The Ontario Civilian Police Commission (OCPC) still doesn't know when it will receive a legal opinion on if Coun. Lloyd Ferguson's appointment to the board is valid or not, says communications officer Ani Asik.

Council voted Ferguson in as a temporary replacement for Coun. Terry Whitehead, who was suspended from the board back in May over alleged code of conduct violations. Since then, there's been much confusion as to if that appointment is lawful or not.

The board's June 17 meeting has been postponed three times while the commission waits for a legal opinion to see if council is operating within the terms of the provincial Police Services Act.

Asik wouldn't comment on the investigation into Whitehead's conduct, or say when a decision could be expected. "The commission cannot comment on matters before itself," she said.

Ferguson, who has been waiting to join the board for weeks, called the entire situation "ridiculous."

"The city solicitor put together a very comprehensive opinion in three days," Ferguson said. "So what's the hold up?"

Two different lawyers have told council that they're within their rights to appoint a temporary replacement, Ferguson says. He says important police business isn't getting resolved because of the wait.

"It's a big police force and we need to meet," he said.

The police board agenda for the next meeting has several items on it, including:

  • A $286,491 budget variance in 2012
  • The lease agreement for stabling the police mounted unit at the Ancaster Fairgrounds
  • Approving $26,000 worth of improvements to the Police Mobile Museum
  • Voting on whether to have one Hamilton officer continue to be seconded to Canadian Correctional Services acting as a community corrections liaison officer
  • The potential relocation of the Concession Street Community Policing Centre

The Concession Street station is one of six in Hamilton, and houses more than 80 volunteers. The lease on the building is $11,000 per year and the lease expires in October 2014.

The OCPC says the board should continue to put off making a decision on Ferguson's appointment until after they receive the commission's position.

The police services board is set to meet on Aug. 12.


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