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

                                     - 2 -

   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.

                                     - 3 -

   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

                                     - 4 -

             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.

                                     - 5 -

   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.

                                     - 6 -





   *       *      *      *       *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.