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.