POLICY REPORT
FINANCE
Date: July 5, 1995
TO: Vancouver City Council
FROM: Chief Constable, in consultation with Director of Finance and
City Manager
SUBJECT: Staffing Needs Imposed by the Freedom of Information and
Protection of Privacy Act
RECOMMENDATION
A. THAT Council approve the addition of one Information and
Privacy Coordinator for the Police Department at an annual
cost of approximately $70,000, and that the operating cost of
the Department be adjusted to reflect a one-time cost of
$19,400 for equipment in support of the Information and
Privacy Unit as detailed in this report.
B. THAT Council reduce the authorized strength of the Department
by one sergeant's position (Information and Privacy
Coordinator) at a saving of approximately $81,000.
C. THAT Council approve the addition of one constable position,
Information and Privacy analyst, to the Police department at
an approximate annual cost of $65,000.
D. THAT Council approve the addition of one clerical position, to
assist the Information and Privacy Coordinator, at an annual
cost of $34,160.
CHIEF CONSTABLE'S COMMENTS
The Chief Constable RECOMMENDS approval of A, B & C.
COUNCIL POLICY
On February 4, 1992, Council resolved:
A. THAT a policy be established that there would be no net increases
in services or staffing in 1992 and 1993 without appropriate
offsets.
B. THAT departments and boards be instructed that any recommendations
for increased staff or enhanced programs be accompanied by
recommendations for matching cost decreases or related revenue
increases."
BACKGROUND
In November of 1993, Council approved an increase in the authorized
strength of the Department of one Sergeant's position to act as the
Information and Privacy Coordinator. In that report Council directed
the Chief Constable to report back on the potential for civilianization
in the spring of 1995. The Police Department also advised that it was
anticipated that a full time clerical position would be required to
assist the Coordinator in processing Freedom of Information (FOI)
requests.
SUMMARY
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The Department anticipates it will receive 300 formal FOI requests in
1995. A three person unit is the minimum staff that could process this
number of requests. The Department is recommending this be accomplished
with a civilian Information and Privacy Coordinator, an FOI request
analyst (constable position) and a clerk.
A. Information and Privacy Coordinator
This person would have to:
1. Manage responses to FOI requests.
2. Supervise staff.
3. Apply the exemptions in the FOI legislation.
4. Represent the Department in hearings before the Information
and Privacy Coordinator.
5. Ensure compliance with the privacy aspects of the legislation.
Based on the Police Department's, and other agencies, experience with
the legislation the person in this position would require legal training
or an equivalent amount of knowledge and experience.
B. FOI Request Analyst
Due to the number of requests, a full time person to do a page by
page analysis of requested documents is needed. This person would
work under the Coordinator in determining how to respond. The need
for the analyst to be a police officer arises from the need to
apply the law enforcement exemption correctly, especially in
relation to criminal intelligence files and informant protection.
C. Clerk
The Coordinator is already using one clerk's time to process FOI
requests. Managing the file tracking system, preparing
correspondence and responses and dealing with applicants at the
counter or by phone are some of this person's duties.
DISCUSSION
The Police Department is requesting approval to:
1. Civilianize the Information and Privacy Coordinator position
(presently a Sergeant's position).
2. Eliminate the Sergeant, Information and Privacy Coordinator,
position.
3. Add one Information and Privacy Analyst, Constable, position.
4. Add a full time clerk to assist the Information and Privacy
Coordinator.
As anticipated, a large number of Freedom of Information requests are
being made to the Police Department. From November 3, 1994
(implementation date) to December 31, 1994, the Department received
seventy (70) formal requests. It is anticipated approximately 300
formal requests will be made in 1995.
Many of these requests are for a specific report and can be processed
quickly. However, a significant number are for more complex files such
as internal investigations, recruiting files, and serious crime
investigations. Processing a complex file involves search and
retrieval, contacting involved third parties, and considering their
input and a page by page analysis and severing of the response.
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Requests must generally be processed in thirty (30) days.
Virtually all requests received have been for personal information. We
cannot charge for this type of information. (Section 75 of the Freedom
of Information and Protection of Privacy Act). Therefore, cost recovery
for these requests is not feasible.
The Coordinator of ICBC estimates that one of their Freedom of
Information analysts can process fifteen to twenty requests a month in
their organization (160-210 annually assuming one month of leave).
Ontario has had Freedom of Information Legislation for several years.
The Freedom of Information Unit in the Metro Toronto Police Service
processed 1,060 requests last year with a nine person unit (2
coordinators, 6 analysts and 1 clerk). The unit has requested three
more analysts (one position would be devoted to privacy issues).
To assist the Department's Coordinator with the large number of
requests, a light duties constable has been temporarily assigned to
assist. This was done because it was already very clear that two
people, the Coordinator and a clerk, could not process the current
workload without assistance.
It is quite conceivable that a three person unit would still not be able
to handle the volume of requests. If this was the case, this would be
the subject of a subsequent report to Council.
A. Information and Privacy Coordinator
The Act places two primary responsibilities on a public body. The
first is to allow access to its records through the request
process. The second is to provide appropriate security and control
over the use of people's personal information. The role of the
Coordinator is to ensure the Police Department complies with all
aspects of the Legislation.
FOI Requests
1. Ensuring that requests are properly processed with all time
limits met and that all parties are properly informed and have
their rights under the Act respected. This requires both the
supervision of staff and coordination with all other areas of
the Department.
2. Protecting the law enforcement interests of the Department,
especially in relation to criminal intelligence and informant
information.
3. Interpreting and applying statutory exemptions to a record.
4. Providing written and oral arguments to the Information and
Privacy Commissioner when a Department decision is reviewed by
the Commissioner. This role is crucial in relation to
ensuring the law enforcement needs to protect some information
is well represented.
Privacy
1. Setting policy on providing disclosure to outside agencies.
Providing advice on handling specific requests from other
agencies.
2. Helping set policy to provide reasonable security against the
unauthorized collection, use and disclosure of personal
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information. Ensuring full privacy compliance with the
Legislation.
Training
Virtually all members in the Department have access to very
sensitive personal information. On an ongoing basis, these members
of the Department must be trained to ensure they comply with the
Legislation.
It is believed that the coordinators function can be best done by a
person with legal training. The current Sergeant Coordinator has
legal training and estimates that he has to draw on that education
component several times each day. It is possible that a person with
an equivalent amount of knowledge and experience could fill the
role if supplemented by liberal access to legal counsel.
B. Freedom of Information Request Analyst
The role of this position is to do the page by page analysis of
each page of requested information. This person would handle
routine correspondence required to process a request. This person
needs to be intimately familiar with the workings of the Police
Department and the criminal justice system. Understanding
information that the criminal element should not be granted access
to in order to protect victims and informants.
In order to meet these needs, this role is best filled by a
constable with several years experience.
C. Clerical Position
The Information and Privacy Coordinator and the Information Manager
had planned to share the clerk that was already approved to assist
the Information Manager until this report was made to Council.
Unfortunately, due to the volume of requests, the clerk is now
working full time to assist the Coordinator. This person handles
requesters in person and over the phone, manages the filing system
used to track requests, prepares all correspondence and responses
to process Freedom of Information requests. In addition, this
person conducts searches of databases and various units' records to
find and retrieve requested records.
FINANCIAL IMPLICATIONS
A. Information and Privacy Coordinator
The civilianization of this position will result in a net cost
reduction of $11,400 annually.
Annual Costs
Current (Sergeant's Position)
$65,900 + 23.52% benefits (1994 Rates) $81,400
Proposed (Non sworn Position)
*Approximately $70,000.00 (includes benefits) $70,000
________
Net Annual Reduction $11,400
*See Appendix A - Examples of Salaries Paid to Information and Privacy
Coordinators.
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B. Freedom of Information Request Analyst
This additional constable position will result in a net cost of
$64,850 annually and a one time cost of $10,550 for equipment in
support of this position.
Annual Costs
FOI Request Analyst (1st Class Constable)
$52,500 + 23.52% benefits (1994 Rates) $64,850
Equipment Costs
1 personal computer $3,500
Software 500
1 workstation 3,500
1 chair 350
1 table 200
1 fax machine 2,500
_______
$10,550
C. Clerical Position
This additional position will result in a net cost of $34,160
annually and a one time cost of $8,850.00 for equipment in support
of this position.
Annual Costs
Clerk (1993 rates) $34,160
$29,500 + 15.8% benefits
Equipment Costs
1 personal computer $3,500
Software 500
Network cables 1,000
1 workstation 3,500
1 chair 350
_______
$8,850
SUMMARY OF COSTS
The net annual costs of these recommendations is $87,610.
The one time equipment cost is $19,400.
CONCLUSION
Although Council policy is that there be no increase in the level of
service without a corresponding offset, the Freedom of Information and
Protection of Privacy Act places legislative requirements on the
Department that must be met. This report sets out requests for an
increase in staffing solely to meet these requirements.
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* * * * *APPENDIX A -Examples of Salaries Paid to
Information and Privacy Coordinators (without benefits)
POLICE FORCES
A.Metro Toronto
1 Coordinator(staff Sergeant rates)
1 Assistant Coordinator (civilian)$50,000
*6 Analysts$43-44,000
*Initially Toronto used sergeants and constables as analysts. The last
two constables replaced after four years. This was done because of
fiscal pressure on Police Service.
Three more analysts have been requested (*one position with focus on
Privacy compliance issues)
Number of requests in Metro Toronto
1991 351
1992 535
1993 726
19941,060
B.Windsor Police Department
Unit started by a sergeant and turned over to a civilian
coordinator (one person unit).
Police Force 350 sworn, 150 civilians
1994 164 requests
Salary $49,000
B.C. GOVERNMENT
A. Information and Privacy Program - Ministry of the Attorney General
1 Coordinator (Director) $65,000
8 Analysts $39-40,000
October 93 to October 94 *492 requests
Analysts handled half, half handled by public bodies reporting to
the Attorney General
B. W.C.B.
FOI Coordinator (lawyer) $73,000
Analysts $45-55,000
C. I.C.B.C.
1 Coordinator $66,000
(non legal, uses legal services)
4 (2 levels) analysts Senior $45-53,000
Junior $36-42,000
Anticipates 700 to 900 requests in 1995.