June 2, 2020

Mayor Kennedy Stewart and Vancouver City Councillors

c/o City Clerk’s Office, City of Vancouver
453 West 12th Avenue
Vancouver, BC V5Y 1V4
Dear Mayor Stewart and Vancouver City Council:

I am writing on behalf of the Vancouver Police Board (the Board) in response to the motion that
was approved by Council in-camera on May 13, 2020 with respect to reducing the Vancouver
Police Department’s (VPD) approved 2020 Operating Budget.

The Board has had the opportunity to discuss Council’s motion, and it is the Board’s position
that Council’s resolution not only does not accord with the express legislative provisions of the
Police Act, but also does not accord with the legislative intent behind the Police Board, which is
to ensure that the Police Department remains independent, and completely insulated from
political interference.

Public safety is not just our priority, it is our responsibility. The Board has carefully considered
the implications of Council’s motion, and remains firm that protecting the wellbeing of the
community through adequate resourcing of our Police Department is paramount, in particular
during these uncertain times. We must steadfastly support our first responders in providing a
responsive and effective police service for the people of Vancouver. In our letter of April 27,
the Board outlined the various factors that were considered with respect to its decision to not
reduce VPD staffing or service levels, along with some of the unforeseen financial challenges
the Department has faced this year thus far. As an essential core service with an unwavering
legal obligation to maintain public safety, in addition to an undiminished serious call load, the
VPD absolutely cannot cease or scale back its operations. The result of the current budget has
just now returned the Department to 2009 staffing levels; any reduction in staffing, or a set
target of a 1% reduction to the budget is not viable, and would be detrimental to public safety.

These are extraordinary times that require us all to uphold accountable and transparent
leadership. The financial implications of this pandemic are severe and call for resourcefulness
through careful consideration. The Vancouver Police Board, as the governing authority of the
VPD, stands by its commitment to strong and judicious financial oversight. In addition to the
number of unforeseen financial challenges outlined in the Board’s letter of April 27, the
Department has now incurred approximately $2.3M in costs associated to the pandemic, and
these costs continue to rise. Furthermore, the recent tragic events in Minneapolis have resulted
in the emergence of large scale demonstrations, which will have a considerable impact on our
budget. Notwithstanding, the Board has directed the VPD to maximize potential savings through
reduced spending on facilities, equipment, fleet replacement, information technology, uniform
replacements, and maintenance. Other areas for reduced expenditure include, but are not
limited to: salary savings due to temporary closures at the Justice Institute of British Columbia
(JIBC), savings due to the reduction of travel and training, and decreases to overtime spend due
to a decline in major events and entertainment district callouts, as well as court closures. The
Vancouver Police Board remains dedicated to maximizing the size of its 2020 budget savings
where possible, in support of the City of Vancouver’s ongoing budget mitigation measures.

After thorough deliberations, the Vancouver Police Board is hereby requesting that Council
rescind its motion of May 13, 2020 for reasons outlined below.

In matters of financing, the police budget process is expressly set out in the Police Act: the
board submits a “provisional budget” to council for its approval, a council then “must” include
in its budget the costs in the provisional budget, and if a council does not approve an item in
the budget, either council or the board may apply to the Director of Police Services, who must
determine whether the item or amount should be included in the budget.

Once that process concludes, either through council approval or the determination of a budget
dispute through the Director of Police Services, the budget process is at an end. If the council
were able to revisit the budget after the conclusion of this process, there would be no need for
the Director’s role under section 27(3): a council could agree to the provisional budget, and then
later revisit the budget and reduce it. Council cannot act in a fashion that evades the Director’s
superintending role in sections 27(3) and (4).

In addition to this, email correspondence concerning the budget motion contained a reference
to the term ‘direction from Council’. This language is not in line with long-established law in
that council does not direct the police board, police department, or the chief constable. Given
the unique characteristics of the policing function, legislation across Canada has placed a police
board between the municipal council and the police department as an independent and
autonomous authority. The police department takes its direction from the municipal police
board, and not the municipal council.

In 2019, letters representing almost 100 different community groups and organizations were
submitted as part of the budget process to relay support of the Vancouver Police. Throughout
this pandemic the Department and Board have continued to receive a significant influx of
support (emails and letters), resonating the sentiment that the Board must protect policing on
behalf of the community, in order to safeguard the residents, businesses, and livability of this
incredible City.

The Board deeply values its collaborative working relationship with Council, and is open to
broader ongoing budget discussions through constructive and transparent dialogue.

Respectfully,

Barj Dhahan
Finance Committee Chair, Vancouver Police Board
Cc: Honorable Mike Farnworth; Minister of Public Safety and Solicitor General; Brenda Butterworth-Carr, ADM
and Director of Police Services; Sadhu Johnston, Vancouver City Manager; Adam Palmer, VPD Chief
Constable; Insp. Leslie Stevens, President, Vancouver Police Officers Association; Sgt. Ralph Kaisers, President
Vancouver Police Union; Karlene Bateman, Business Representative, Teamsters Union Local No. 31.