BARRHEAD - The County of Barrhead is one step closer to creating a bylaw enforcement department.
Councillors approved a series of policies during their June 6 meeting regarding the rules of conduct and the reporting mechanisms for the municipality's future community peace officer (CPO).
The policies included a code of conduct; public complaint processes and disciplinary action; traffic, pursuit and emergency responses; body-worn and in-vehicle cameras; a policy governing how the CPO should fill out their notebook; procedures for maintaining a records management system and maintaining a list of known risk properties; and employer reporting requirements.
County manager Debbie Oyarzun said that before they can move forward, they must be certified as an authorized employee with Alberta Justice and Solicitor General.
And to do that, she said, the county must jump through several hoops, such as creating policies governing the activities of the CPO. She also noted that many of the requirements, some of which are close to complete.
Oyarzun noted that council approved the traffic safety plan at its May 17 meeting, and they are waiting for the RCMP to sign off on the memorandum of understanding (MOU).
She believed this would happen shortly, adding Barrhead RCMP Detachment Sgt. Bob Dodds had sent off to the MOU and the traffic safety study to his Westlock Traffic Services Unit counterpart for input before final approval.
"We have to make sure what we as a municipality are authorized to do, that our peace officers are trained and certified to perform," she said.
Complaint mechanisms
Oyarzun said the policies also outline the public complaint management process and potential disciplinary actions the municipality could take against the CPO for violations breaching the code of conduct.
She noted the public complaint process and disciplinary action policy also describe how to deal with fictitious complaints or those made in bad faith against the CPO.
Oyarzun added regardless of the validity of a complaint against a CPO, they all must be reported to the Solicitor General's office.
Reeve Doug Drozd said it is especially important for the county to have a mechanism in place to deal with fraudulent complaints against the CPO.
Deputy reeve Marvin Schatz agreed, suggesting the municipality would be inundated with complaints from residents trying to get back at the CPO for ticketing them.
"We might need to hire a deputy CAO just to deal with those complaints," he said.
Oyarzun did not believe that would be the case, or at least it might not happen as much as one might think.
One of the reasons, she said, is due to the introduction of body and in-vehicle cameras.
Oyarzun said when she was the CAO with Morinville, she would often receive such complaints, but when she told the complainant that she would "pull the video from the incident", most complaints would evaporate.
Oyarzun also noted the public complaint policy also addresses how the municipality deals with formal and informal "service complaints".
"These are things that have nothing to do with the CPO but our actual bylaws," Oyarzun explained, using the example of a person complaining that the municipality's bylaw restricts the number of housepets at a residence.
Traffic, pursuit and impaired driving authority
Oyarzun said that in addition to the traffic safety plan, the CPO policies dictate what the CPO is allowed to do regarding traffic safety and moving violations.
"CPOs have the authority within municipal jurisdiction to conduct enforcement on three-digit highways, paved and gravel roads including in the hamlets," she said. "But they are not allowed to pursue."
However, Oyarzun said county peace officers are and will be able to "close the distance."
Closing the distance means CPOs can increase speed to close the distance between them and the offending vehicle with their "lights on".
"If the (traffic offence violator) sees the lights, does not pull over and speeds up, they can't pursue," she said, adding that instead, the CPO should call the police, relaying any pertinent information.
Oyarzun also noted that CPOs cannot deploy spike belts or assist in police roadblocks.
"They can help (police) with traffic management, such as preventing the public from entering a particular roadway, but cannot participate in a roadblock," she said.
Similarly, Oyarzun added CPOs have limited options in what they can do if they suspect an impaired driver.
Oyarzun said that during a traffic stop, if a CPO suspects the driver is impaired, they need to request the assistance of the RCMP.
If the RCMP cannot attend, she said a CPO may issue a 24-hour driving suspension but does not have the authority to confiscate the vehicle.
"Nor can they ask for a breath sample," Oyarzun said.
Overall, she told councillors that CPOs and what they can and cannot do is very regulated under the Solicitor General, and the municipality still needed to have corresponding policies, even if the province has an existing regulation or law and even to the point where municipalities need to have a policy regarding how CPOs maintain their notebook.
She also noted that the county's policies are similar to other municipalities and that the procedures in them would be familiar to any certified CPO.
Schatz suggested that even if the county in the future opted to contract out its bylaw enforcement services, it would pay to keep the department in place, so they would not have to go through all this again.
Unfortunately, Oyarzun said, if that were to happen, more than likely, the municipality would have to start the entire process again from scratch.
Background
The county opted to work at creating its bylaw enforcement department, starting discussions in 2021, citing the rising costs of contracting out the service and the limited amount of service they received.
Since 2009, the county has contracted out bylaw enforcement service, the majority of that time with Lac Ste Anne County, which provided 80 hours of service monthly. The county has also contracted the Town of Barrhead, Westlock County, the Town of Mayerthorpe and more recently, the Town of Morinville. The 2023 budget includes funds for the creation of the department and hope to have an officer in place by July.
Barry Kerton, TownandCountryToday.com
