Police Reference Checks and the Hiring Process

The Economic Development Committee recommends that:

(1)the report (April 15, 1999) from the Executive Director of Human Resources be adopted, subject to amending Recommendation (3) by adding the words "and that the Commissioner of Economic Development, Culture and Tourism, be given discretion in waiving this fee;", so as to read:

"(3)prospective employees bear half of the cost of the police reference check, with the other half being borne by the Parks and Recreation Services Division of the City, and that the Commissioner of Economic Development, Culture and Tourism, be given discretion in waiving this fee;"; and

(2)the Executive Director of Human Resources, in consultation with appropriate staff, be requested to report to the Policy and Finance Committee on a corporate policy and funding strategy for performing police checks and other departmental checks that may be required.

The Economic Development Committee submits the following report (April 15, 1999) from the Executive Director of Human Resources:

Purpose:

To obtain approval to enter into an agreement with the Toronto Police Service to conduct police reference checks on individuals whose prospective primary employment or volunteer duties with the City would involve working directly with children, youth and/or other vulnerable populations as necessary. This report concerns itself with implementation for staff and volunteers working with children and/or youth in the Parks and Recreation Services Division in particular.

Funding Sources, Financial Implications and Impact Statement:

The current cost of conducting a police reference check on a prospective employee is $40.00 plus GST. The financial impact if half of the costs are borne by the Economic Development, Culture and Tourism department as recommended is $44,084.00. The cost for conducting a police reference check on a volunteer is $15.00 plus GST and the yearly cost to the department as recommended is not expected to exceed $2,808.75.

Recommendations:

It is recommended that:

(1)authority be granted for the City of Toronto to enter into an agreement with the Toronto Police Service to conduct a police reference check as the final stage in the hiring process where primary employment or volunteer duties involve working directly with children, youth and/or other vulnerable populations as required;

(2)the policy to conduct a police reference check as outlined in recommendation (1) be implemented in the Parks & Recreation Services Division of the Economic Development, Culture and Tourism Department as a first step in implementing the policy city-wide where appropriate;

(3)prospective employees bear half of the cost of the police reference check, with the other half being borne by the Parks & Recreation Services Division of the City;

(4)the City pays the cost of conducting police reference checks on volunteers;

(5)the appropriate City Officials be authorized and directed to take the necessary actions to give effect thereto; and

(6)a further report be submitted by the Executive Director of Human Resources, in consultation with the City Solicitor, with respect to the issues of police reference checks on current employees who work with children, youth and vulnerable adults.

Council Reference/Background/History:

City Council at its meeting of December 16 and 17, 1998 adopted the following motion resolved that:

"the Commissioner of Economic Development, Culture and Tourism determine which staff of the Parks and Recreation Division should have security checks and request the Toronto Police Department to conduct these security checks immediately;

the Executive Director of Human Resources, in consultation with the Commissioner of Economic Development, Culture and Tourism, prepare a report for the Economic Development Committee recommending a policy regarding background security checks for all new employees and subsequent random checks for those staff holding positions involving contact with children and youth; and

Toronto City Council request the Toronto Police Department to carry out these checks immediately and, on a one-time basis, waive the $5.00 fee for each staff security check."

Comments:

(1)Conducting Police Reference Checks on Prospective Employees or Current Employees who apply for positions

The Municipal Freedom of Information and Protection of Privacy Act (the Act) applies to the collection, use and disclosure of police reference check information. This legislation permits government institutions to collect personal information where there is explicit statutory authority to do so or where the information is necessary to properly administer a lawfully authorized activity.

Among the statutes under which the City provides service, only the Ambulance Act and the Police Services Act provide statutory authority to collect police reference check information as part of their respective hiring processes. Accordingly, collecting such information on other prospective City employees would be conducted on the basis that the personal information is necessary in order to properly administer programs and services delivered to children, youth and/or other vulnerable populations.

The Act permits the City and the Toronto Police Service to exchange information with the consent of the subject individual and where an agreement is in place. Appropriate forms have been developed to obtain such consent and an offer of employment will be conditional on the result of the police reference check. The proposed agreement establishes a mechanism for conducting police reference checks in a manner which complies with privacy legislation.

The City does not have the explicit statutory authority required to collect police reference check information directly from the Toronto Police Service (the "Service"). Accordingly, in circumstances where there is a record of offense, the Service provides the record of offense to the subject individual. It is the individual's decision whether or not to provide a copy of the record to the City. Failure to provide a copy of the record to the City will result in withdrawal of the conditional offer of employment.

The above-noted process is predicated on the subject individual consenting to a police reference check and providing a copy of any record of offense to the City. In the absence of such consent, the City does not have the authority to initiate the process. Similarly, absent consent, the Service does not have the authority to conduct a police reference check on an individual at the request of the City.

Individuals who wish to apply for positions in the City's Parks and Recreation Division where the primary duties involve caring for children and/or youth will be notified that a police reference check is a requirement in the final stage of the hiring process. A choice can then be made as to whether or not to apply. In these circumstances, a decision to apply and consent to a police reference check is clearly voluntary. This is not the case with respect to obtaining consent from employees who are currently working with children and/or youth.

Human resources staff are working with the departments to identify other positions throughout the various services of the City where a police reference check is an appropriate part of the hiring process or when accepting volunteers, including in services where employees or volunteers are working with vulnerable adults. A policy is being developed, in consultation with the City Solicitor, the Director of Corporate Access and Privacy and Commissioners, to ensure practices and procedures comply with relevant legislation.

(2)Fees for Police Reference Checks

The Police Services Board (the Board) considered matters relating to charging fees for police reference checks three times in 1998. The Board reaffirmed its decision to charge fees. Costs of providing the service are funded by fees charged. A copy of the Council resolution requesting a waiver of fees has been forwarded to the Chief of Police. A consideration related to requesting a waiver of fees is that there are no true savings in transferring costs from one budget to another.

It is recommended that the cost of $40.00 plus GST be borne in equal shares by the prospective employee and the Economic Development, Culture and Tourism department. This will have the effect of relieving the financial burden for the department yet not discourage individuals from applying for positions. It is felt that having the prospective employee pay the full cost will not be financially feasible, especially for students and youths.

The cost of conducting a police reference check on volunteers is $15.00 plus GST. Given that volunteers are not compensated for their important work, it would not be reasonable for the City to ask volunteers to bear the cost.

Many volunteers work alongside staff and do not have unsupervised care of children and/or youth. Accordingly, it is expected that the final number of volunteers on whom it is appropriate to conduct a police reference check will be relatively small over the course of a year. This report recommends the City pay the $15.00 fee so as not to discourage individuals from becoming volunteers.

(3)Conducting Police Reference Checks on Current Employees

The City has a number of staff who have been employed for many years in the primary care of children and/or youth. For the majority, a police reference check was not a condition of the offer of employment. The City, therefore, does not have the necessary consent to initiate a police reference check.

Consent may be defined as voluntary agreement. The potential loss of a position unless consent is provided would not constitute the voluntary agreement needed to conduct police reference checks on employees who are already working directly with children and/or youth.

There is no explicit statutory authority which would permit the City to conduct police reference checks on employees who are currently working directly with children and/or youth. As such, staff cannot at this time respond to Council's direction related to conducting police reference checks on current employees. A detailed examination of the legal issues and an opinion from the City Solicitor has been requested on the issues. A further report will be submitted by the Executive Director of Human Resources with recommendations to the Corporate Services Committee.

Considering the requirements of privacy legislation, it may be appropriate for the province to enact legislation to provide explicit statutory authority related to conducting police reference checks. The forthcoming report from staff will consider if the City should seek legislation in this respect.

For these reasons, the proposed agreement with the Toronto Police Service to conduct police reference checks applies only to the final stage of the hiring process and as permitted under the Municipal Freedom of Information & Protection of Privacy Act.

Conclusion:

Approval of the recommendations in this report will permit the City to proceed in a timely manner to implement a process for incorporating a police reference check in the City's hiring process where the primary employment or volunteer duties require working directly with children, youth and/or other vulnerable populations as required.

Contact Name:

Rita Reynolds

392-9683

Brenda Glover

397-9802

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The Economic Development Committee also had before it the following communications, and copies thereof are on file in the office of the City Clerk:

-(May 13, 1999) from Councillor McConnell, Ward 25 - Don River, requesting that participants in the One on One Mentoring Program be exempted from paying for police checks;

-(May 19, 1999) from Anne Dubas, President, Local 79 CUPE, urging the Economic Development Committee to reject the recommendation that applicants pay for the cost of police reference checks, that the City should continue to cover this fee, and also urging further discussion of the Parks and Recreation Services Division's policy for handling police reference checks; and

-(May 20, 1999) from Councillor Pam McConnell, Ward 25 - Don River, forwarding her concerns that the policy as proposed will become a real barrier to employment for the youth and young adults in our community who are attempting to enter the workforce for the first time and noting that a police check fee of $21.40 will discourage students and the unemployed from applying to the Parks Department because applicants will have to work three to four hours to pay the cost of the check.

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David Kidd, CUPE Local 79, appeared before the Economic Development Committee in connection with the foregoing matter.