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Home My WebLink AboutCAO-018-23Clarftwn Staff Report If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Report To: General Government Committee Date of Meeting: September 11, 2023 Submitted By: Mary -Anne Dempster, CAO File Number: Report Number: CAO-018-23 Resolution#: GG-152-23 By-law Number: Report Subject: Municipal Law Enforcement Service Delivery Review Recommendations: 1. That Report CAO-018-23 and any related delegations or communication items, be received; 2. That the recommendations contained in Attachment 1 of Report CAO-018-23, the Municipal Law Enforcement Service Delivery Review, be forwarded to Staff for an implementation plan; 3. That Council endorse the request for a full-time Clerk II position, to be funded out of gapping in 2023, and included in the 2024 budget; 4. That a full-time MLE Officer and a full-time Animal Shelter Clerk I (upgrading current part-time position) be included for consideration in the 2024 budget; and 5. That all interested parties listed in Report CAO-018-23 and any delegations be advised of Council's decision. Municipality of Clarington Report CAO-018-23 Report Overview Page 2 The Office of the Chief Administrative Officer completed a service delivery review of the Municipal Law Enforcement Division (MLE) over the course of 2023. Several opportunities for service enhancements are contained within the report: People and Process, Technology and Equipment, Standards and Services. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. 1. Background 1.1 This review was formally recognized and endorsed by Council in Report CAO-002-23, and was undertaken through the Office of the CAO. It marks the first comprehensive service delivery review undertaken internally at the Municipality. 1.2 This review provides insight into the needs of the MLE division and identifies ways to improve the overall efficiency and effectiveness of the operation. The scope included enforcement and related processes and practices (inclusive of some licensing/ permitting), but did not include the following services: • Animal services - not relating to animal by-law enforcement (e.g., animal licensing, adoptions, animal care) • Building code enforcement (under the jurisdiction of the Chief Building Official) • Fire inspection (under the jurisdiction of Fire Services) • Court processing Project Approach and Methodology 1.3 The service delivery review involved the following information and data collection actions: • Interviews with Municipal Law Enforcement full-time staff including manager, coordinator, MLEO II, MLEO I and clerks. • Interviews with Council regarding their concerns and comments on the enforcement services including feedback from constituents. • A public survey to provide feedback on the service, inclusive of the customer experience. The survey received 135 responses. • A benchmark survey was sent out and responded to by multiple municipalities, including several in Durham Region. • Review of policies, procedures, and current systems used within the MLE Division. • Additional information was received from other department staff to provide further clarity. This included Council Services and the IT Services divisions. • Data was used from internal systems and the provincial Financial Information Return (FIR) report. Municipality of Clarington Report CAO-018-23 2. Recommendations Summary Page 3 2.1 The attached Report includes 38 recommendations within the three categories — People and Process, Technology and Equipment, and Standards and Services. The sections focused on the following areas: 2.2 People and Process • Administration (culture, interdepartmental communications, and scheduling) • Clerical Support • Animal Services 2.3 Technology and Equipment • AMANDA Software • Telephone System — Queue Line • Vehicles • Office Space • Body Worn Cameras 2.4 Standards and Services • Service Levels (reporting functionality, key performance indicators, role of Council) • Parking (first attendance) • Licenses and Permitting • Property • Animal (enforcement and non -enforcement) • Community Engagement (information navigation and public education, and outreach) 2.5 As part of this report Staff are seeking Council support to prepare an implementation plan, particularly for the items that require further investment of time and resources. As a result, not all recommendations can be implemented immediately. Some items, such as the need to increase clerical support to ensure timely response to residents, are being requested for immediate implementation. 2.6 The proposed recommendations will provide an enhanced customer experience, increased reliance on data -driven decision -making, and provide productivity gains through the increased adoption of technology. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. Municipality of Clarington Report CAO-018-23 3. Financial Considerations Page 4 3.1 The estimated 2023 financial impact (all wages presented as fully burdened) for the Clerk II position, for the remaining 3 months, would be $18,883.03. This would be funded through gapping. 3.2 The 2024 budget impact, assuming the position is approved would be $77,524.04. 4. Concurrence This report has been reviewed by the Deputy CAO/Solicitor who concurs with the recommendations and will prepare the implementation report. The Deputy CAO/Treasurer also concurs with the recommendations. 5. Conclusion It is respectfully recommended that Council endorse the recommendations as set out in the service delivery review and direct staff to prepare an implementation plan. Staff Contact: Justin MacLean, Manager, Strategic Initiatives, jmaclean@clarington.net. Attachments: Attachment 1 — Municipal Law Enforcement Service Delivery Review 7 +'1 Attachment 1 to Report CAO-018-23 ` Municipal Law Enforcement Service Delivery Review Clarftwa Municipal Law Enforcement Service Delivery Review Table of Contents Background.......................................................................................................................................................................5 ProjectOverview............................................................................................................................................................5 ProjectApproach and Methodology............................................................................................................................... 5 CurrentState Assessment.................................................................................................................................................8 ServicesProvided..........................................................................................................................................................8 CustomerExperience.....................................................................................................................................................8 Staffing.........................................................................................................................................................................12 Hoursof Operation.......................................................................................................................................................14 Engagement....................................................................................................................................................................17 PublicSurvey Results..................................................................................................................................................17 CouncillorInterviews....................................................................................................................................................17 StaffInterviews.............................................................................................................................................................18 Continuous Improvement Efforts..................................................................................................................................18 Observationsand Opportunities......................................................................................................................................20 Peopleand Process..................................................................................................................................................... 20 P.1 —Administration .....................................................................................................................................................20 P.2 — Clerical Support.................................................................................................................................................. 22 P.3 —Animal Services.................................................................................................................................................. 23 People and Processes - Department Response..........................................................................................................25 Clarftwa Technologyand Equipment.............................................................................................................................................26 T.1 - AMANDA Software..............................................................................................................................................26 T.2 - Telephone System — Queue Line........................................................................................................................27 T.3 - Vehicles...............................................................................................................................................................28 TA— Office Space.......................................................................................................................................................29 T.5 — Body Worn Cameras...........................................................................................................................................29 Technology and Equipment - Department Response...................................................................................................31 Standardsand Services...................................................................................................................................................32 S.1 - Service Levels.....................................................................................................................................................32 S.2 — Parking................................................................................................................................................................33 S.3 - Licensing and Permitting.....................................................................................................................................34 SA- Property...............................................................................................................................................................35 S.5 - Animal.................................................................................................................................................................36 S.6 - Community Engagement..................................................................................................................................... 36 Standards and Services — Department Response.......................................................................................................38 FutureConsiderations.....................................................................................................................................................40 After-hours Enforcement Pilot......................................................................................................................................40 Administrative Monetary Penalty System (AMPS).......................................................................................................40 RecommendationsSummary..........................................................................................................................................42 People and Process Recommendations......................................................................................................................42 P.1 —Administration .....................................................................................................................................................42 P.2 — Clerical Support..................................................................................................................................................43 P.3 —Animal Services..................................................................................................................................................43 Clarftwa Technology and Equipment Recommendations...........................................................................................................44 T.1 - AMANDA Software..............................................................................................................................................44 T.2 - Telephone System — Queue Line........................................................................................................................44 T.3 - Vehicles...............................................................................................................................................................44 TA— Office Space.......................................................................................................................................................45 T.5 — Body Worn Cameras...........................................................................................................................................45 Standards and Services Recommendations................................................................................................................45 S.1 - Service Levels.....................................................................................................................................................45 S.2 — Parking................................................................................................................................................................45 S.3 - Licensing and Permitting.....................................................................................................................................45 SA- Property...............................................................................................................................................................46 S.5 — Animal.................................................................................................................................................................46 S.6 - Community Engagement.....................................................................................................................................46 Attachments................................................................................................................................................................... 487 • Attachment 1 — Survey Results (high-level data — no individual comments).......................................................489 • Attachment 2 — Municipal Law Enforcement Service Levels.................................................................................59 • Attachment 3 — Current Organizational Structure of MLE Division........................................................................64 • Attachment 4 — PO1-004 Roles, Protocols and Expectations...............................................................................65 I 4 ft.T71ir 4 I 1 III ter- A r Background e k I Mw, . s _ . _._.,I Clarftwa Background Project Overview Clarington has experienced significant growth over the last number of years and is projected to have a population of 115,800 in 2024, which will have a direct impact on the demand for Municipal Law Enforcement (MLE) Division services. The Municipality, as part of the Provincial agenda to build more homes, has committed to deliver 13,000 new homes by 2031 in Clarington. This service delivery review will provide insight into the needs of the MLE division and identify ways to improve efficiency and effectiveness of the operation. This was formally recognized and endorsed by Council in Report CAO-002-23. The scope includes a review of the enforcement structure and processes and practices both internal and external. Excluded from this review are the following services: • Animal Services not relating to animal by-law enforcement (e.g., animal licensing, adoptions, animal care) • Building code enforcement (under the jurisdiction of the Chief Building Official) • Fire inspections (under the jurisdiction of Fire Services) • Court processing Service delivery reviews are an integral part of any operation to ensure they remain current and efficient. The proposed recommendations will provide an enhanced customer experience, increased reliance on data driven decision making, and provide productivity gains through the increased adoption of technology. It is important to note that this exercise was not an audit of the services and specific cases were not reviewed. Project Approach and Methodology The service delivery review of MLE was undertaken in the first quarter of this year and involved the following information and data collection actions: • Interviews with Municipal Law Enforcement full-time staff including manager, coordinator, MLEO II, MLEO I and clerks. • Interviews with Council regarding their concerns and comments on the enforcement services including feedback from constituents. Clarftwa • A public survey was conducted from March 8 to 26 for residents to provide feedback on the service, inclusive of the customer experience. The survey received 135 responses (Attachment 1). • A benchmark survey (Attachment 2) was sent to 6 municipalities including Oshawa, Whitby, Ajax, Pickering, Caledon and Milton. Four of the six municipalities responded to the survey. • Review of policies, procedures, and current systems used within the division (Attachment 3). • Additional information was received from other department staff to provide further clarity. This included Council Services and the IT services divisions. • Data from internal systems and the provincial FIR report was used. 7Z. low �- T~ Ile Current State Assessment Clarftwa Current State Assessment Services Provided Municipal Law Enforcement responsiveness is driven by complaints from the community. Exceptions to this include parking infractions, school traffic, illegal road occupancy, boulevard obstructions, sidewalk snow clearing, parks, pets -at - large, and any situation that presents an immediate risk to public safety. The number of By-laws enforced is extensive. In addition to enforcement, MLE provides licensing for some services such as fireworks, refreshment vehicles, peddlers, taxi, dog/cat licenses and parking permits. The process followed by an officer responding to a complaint could include an initial investigation, following -up with contacts for further information, re -inspection, and possible notice/ticket/infraction issuance. Customer Experience MLE services can be accessed in -person, by email, over the phone, or through the web. Some licensing services are still required in person, but high -volume activities such as complaints and parking ticket payments can be completed digitally. The following charts summarize the total number of Parking complaints received (in -person, phone, or web), the total number of parking tickets issued and overall MLE complaints. Since 2017 overall occurrences have increased by 55% with MLE complaints increasing by 149% and parking tickets by 33%. Retaining staff in this area has been a constant challenge over the period reviewed. Table 1 - Parking Complaints and Parking Tickets Issued Breakdown Annual Parking Annual Year Parking Increase/ Tickets %Increase Increase/ Total Complaints decrease o (/o) Issued decrease (o ) of Total Clarftwa 2021 1328 4% 7,338 -20% 8,666 -17% 2022 1278 -4% 10,407 42% 11,685 35% Table 2 - MLE Year 2017 Complaints ComplaintsMLE 1797 Annual decrease 2018 2936 63% 2019 3654 24% 2020 4341 19% 2021 4905 13% 2022 4479 -9% Below is a chart that showcases the overall breakdown of the types of complaints received in 2022: Chart 1 - Breakdown of Complaints by Type Clarftwa 2022 MLE Complaint by Type Parking Animal Public Safety Communty Standards -Safety Nuisance Community Standards Land Use Environmental Other , Licensing ' The types of complaints are grouped as follows: • Parking: parking, school enforcement • Animal: exotic animal, kennel, responsible pet owner • Public Safety (includes Public Safety -Nuisance): fireworks, open-air burning firearms, West Nile, snow removal, provincial orders, road occupancy • Community Standards -safety: clean and clear, lot maintenance, property standards • Nuisance: noise, loitering, public nuisance, drainage, parks • Community Standards: boulevard, fortification, signs, fences, graffiti • Land Use: apartment in-house, zoning • Environmental: tree cutting, idling — parking, illegal dumping, site alteration • Other: general, fence cost share, no category defined • Licensing: peddler, refreshment vehicle The Council Services Division provides over -flow phone support for the MLE clerks, and delivers the following in -person services at the Municipal Administrative Centre (MAC): • Parking - Tir+lrof nnximnnfc Oadogton o Permits o Complaints o Arranging, and entering into appointment calendar, first attendance meetings. Property standards complaints (intake only) Refreshment vehicle licenses (intake only) Other (complaints — snow clearing, grass cutting, etc.) (intake only) Clarftwa Table 3 - In -person Interactions MILE Office and Clerks Counter at MAC 2017 991 1,957 2,948 34% 66% 2018 1,595 745 2,340 68% 32% 2019 2,226 891 3,117 71 % 29% 2020 1,437 336 1,773 81 % 19% 2021 950 157 1,107 86% 14% 2022 905 436 1,341 67% 33% The MLE division moved to the Trulls Road location in 2017. Since 2017, online payments and first attendance has been implemented which may be the cause of the decrease for in -person activity. In 2022, 67% of in -person transactions occurred at Trulls Road. The majority (90% in 2022) of the MLE transactions at the Clerk's counter are parking ticket payments. MLE transactions represented 22% (436 of 1975) of the Clerk's counter transactions in 2022. Telephone data was requested, but what is currently available does not provide meaningful insight. Changes will be required to improve both phone service and data collection to be able to digitize the information for more informed decision making. Staffing The MLE division is part of the Legislative Services Department. Currently there are 2 managerial positions, 8 full-time officers (3 — MLEO 11, 5 — MLEO 1), 4 part-time MLEO I, 2 clerks and 1 summer student. Animal Services is within MLE and has 1 supervisor, 2 full-time animal care attendants, 2 part-time animal care attendants,1 part-time clerk and 1 summer student. See Attachment 3 for the current structure of the MLE division. Clarington From the benchmark survey, below is the staffing compliment from the municipal comparators. Table 4 - Municipal Comparators (Staffing) Municipality oulatliorouse"holdsMgr / Super Officers Clerical Total Clarington Oshawa* ..: Whitby ®i Pickering Caledon • Milton* 1 1 • m1 When reviewing the staffing levels of the comparator group, all had more staff than Clarington, including Caledon, with a population of 60,122. Clarftwa Hours of Operation The MILE Division has publicly posted hours of operation on the Municipal website, which are highlighted below, including some additional staffing information: Table 5 - Clarin ton MILE Hours Office: 6 full-time MLEO, 2 clerks, manager and 8:30 a.m. to 4:30 coordinator work 8:30 a.m. to 4:30 p.m. 4 PT MLEO I each working up to 24 Monday p.m. hours per week with no restrictions as to to Friday days of the week or time of day. 2 full-time MLEO scheduled 10 am to 6 pm September to April and noon to 8 pm May to August Office: 2 MLEO (varying between I or 11) every 8 a.m. to noon Saturday. 4 PT MLEO I each working up to 24 Saturday and 1 p.m. to 4 hours per week with no restrictions as to p.m. (the last two days of the week or time of day. Saturdays per month) 1 Clerk the last two Saturdays of the month 4 PT MLEO I each working up to 24 Sunday Office closed Overtime as needed hours per week with no restrictions as to days of the week or time of day. Clarftwa Statutory 4 PT MLEO I each working up to 24 Holidays Office closed Overtime as needed hours per week with no restrictions as to days of the week or time of day. The Saturday office hours may be confusing, given that the office is only open to the public on the last two Saturdays of the month. However, this would change if there was a holiday weekend at the end of the month. For example, this would occur at the end of September 2023 when Truth and Reconciliation Day September 30 falls on a Saturday and the holiday is observed on Friday, September 29. This would be a holiday weekend and the office would be closed. Also, it has been noted by staff there are safety concerns with a single clerk working on a Saturday as the Officers are in the field. It has been observed by staff that there is little in -person traffic on Saturdays that the office is open. With the uncertainty around when the office is open on Saturday's, it is difficult to ascertain if there is no need for Saturday in -person service or if the public simply doesn't know they are open. pip __ate t AY Engagement Clarftwa Engagement Public Survey Results Over the survey period, 135 survey responses were received. Of those who responded to the "What was the purpose of your business" with MILE, the following were the top 3 responses: • 50% Parking - Parking ticket, parking complaint • 26% Made a complaint • 13% Animal Complaint The data also highlighted a level of confusion related to who to contact for an animal related complaint (aggressive or barking dog, dog off -leash). 48% indicated they would contact Animal Services and 40% indicated they would contact MLE. Since the 2017 Animal Services Delivery Review, enforcement of such matters is with MLE. Also notable in the survey was the response to "should Clarington dedicate more resources to handling by-law complaints, understanding this may result in an increase in property taxes?". Of the responses 44% indicated yes, 34% indicated no and 22% responded "I don't know". Councillor Interviews Members of Council indicated they received a variety of complaints on both sides of issues, ranging from a lack of enforcement to excessive enforcement. Notably, the majority of complaints received by Councillors were related to parking enforcement. There was also a common sentiment that communication with residents was lacking and needed to be improved. Emphasis was placed on the customer experience, and that there have been ongoing concerns that community members struggle to reach MLE staff over the phone and have to leave a voicemail In some cases, the call will be returned when the resident is not available, when residents return the call, usually they must leave another message. There was also some concern related to a perceived lack of consistency on enforcement matters, inclusive of a lack of proactive enforcement overall. Clarftwa Staff Interviews Several staff interviews were conducted. All staff noted the increased volume and public expectations related to complaints over the past few years. This is fully supported in the increase in volume in both complaints and parking tickets identified in Tables 1 and 2 above. In general, staff felt that there was a decrease in civility from members of the public. There have been several cases where Durham Region Police Services (DRPS) have been contacted to deal with aggressive and abusive behaviour being displayed by members of the public towards MLE Officers. Staff indicated there were morale challenges within the MLE division. A shortage of vehicles was mentioned by all MLE Officers, which often results in them having to wait for an available vehicle, during core business hours. Many staff felt they were not fully comfortable or fully trained in the AMANDA system. Continuous Improvement Efforts As a result of the Organizational Structure Review conducted by Grant Thornton in 2019, the MLE function was migrated to the newly created Legislative Services Division. The intention was to lead to increased productivity, enhanced collaboration and communication, as well as efficiencies gained through improved human capital management and performance management. Staff indicate the journey to fulfil these aspirations is not complete, however, there have been some demonstrable improvements in the overall function of the MLE division. Some of these accomplishments include: • Creation of an Investigations Procedure/Training Manual which includes service level expectations. • Efficiencies to be gained through the introduction of a mobile payment solution for downtown Bowmanville parking. • Ongoing implementation of the Municipal Business Solution software (AMANDA) and customer portal. • Stabilization of staffed positions (no staff vacancies as of May 15, 2023). • Creation of new licensing process for On -Farm Special Events. • Traffic By-law amendments to address on -street parking permits. • Implementation of secure file sharing procedures with prosecution services. • Initial attempts to capture summary enforcement data for distribution to Council members. • Establishment of training program for MLE Officers on the topics of evidence collection and witness preparation. In addition, several other initiatives in the MLE division are currently in progress. Special efforts like these compete with the day-to-day tasks and challenges. It is fully anticipated that the MLE division will be receptive to recommendations for change and will be committed to a culture of continuous improvement. LE LL filmW '79 .044 Ulf if 4 1 11A Observations and Opportunities Clarftwa Observations and Opportunities People and Process P.1 —Administration Culture It is understood that there are few regularly scheduled staff meetings held within the MLE division, with interactions happening on an ad -hoc basis. There is value in formalizing some of this communication into team/one-on-one meetings between management and staff members. This will be a critical component to enhancing the culture in the department and allow for more ongoing feedback and staff development. Interdepartmental Communications Communication between MLE and other departments could be improved to avoid customers being "passed around". It is acknowledged that this is a shared responsibility, and that departments need to improve their collaboration to identify and eliminate such occurrences through better role clarity. The AMANDA system tracks complaint activity, but there remains confusion between MLE and other departments on certain files related to who is responsible for certain functions. Staff are often left to rely on the staff's interpretation of who does what. To mitigate this, service level agreements between divisions and departments provide a written understanding of expectations and responsibilities for staff. In Oshawa, the MLE function has agreements with the departments it most frequently interacts with. These can be developed over time and will naturally evolve. If there is a gap in service these documents can help identify the source and not assume MLE will fill the gap. Scheduling There were several staffing gaps identified in the schedule, particularly pertaining to the confusion around the MLE Clerk II's only being scheduled on the last two Saturdays of the month. These two Saturdays are when a Clerk II is present, but this then creates a scheduling gap during the week as that person has Monday off. Service issues occur the two Saturdays where only MLE Officers are working, and only periodically check for voicemail messages and email complaints. Clarftwa The website states the MILE office is closed on statutory holidays, but Officers are scheduled on some holidays. In addition, it is not clear on the website when the office is open to the public. For example, is it open to the public on Saturdays or do they only take phone calls. The Trulls Road location is currently within the Courtice Fire Hall, given the need to increase the full time fire service in this area, the MLE staff will have to vacate and move back to the MAC. Although space is limited, the introduction of hoteling for hybrid work arrangements and other changes will provide the opportunity for space. Recommendations • Conduct weekly scheduled team meetings to provide ongoing feedback and staff development. • Together with the Planning and Infrastructure, Public Works, Council Services and Fire and Emergency Services Departments, develop written service level agreements to clarify roles and responsibilities. This will ensure a clear understanding of roles, responsibilities, and expectations. • Develop a consistent schedule for service and clearly communicate the schedule on the website. To avoid further confusion and address the staffing concerns on Saturdays, close the office to the public on Saturdays, with telephone support only. This will also provide an opportunity for clerical staff to address backlogs. • For consistency and transparency, clearly identify on the website which holidays MLE Officers will be working, but that office will be closed. • Hire a Clerk II to ensure adequate coverage and address the workload issues from the increased number of complaints and tickets. A staffing to demand analysis is required to understand the complete staffing requirement in this area. However, the data is not available to conduct this analysis. Once AMANDA is fully implemented and enough data points exist, this should be completed. However, given the current backlog and coverage required, a minimum of one Clerk II is required. • Provide enhanced training to staff on expectations regarding in -person and phone support for residents to standardize the customer experience. • In 2024 hire an additional MLE Officer to address service delivery issues. This assessment is strictly based on the existing backlog and an additional MLE Officer will bring Clarington to the same staffing level as Caledon, a municipality with a much smaller geographic footprint and 60,122 residents. This is a starting point as the data does not exist to conduct a complete staffing to demand analysis. Once improvements are made with full utilization of the available software, streamlined processes and the centralization of payments, the Business Improvement Specialist should complete a staffing to demand assessment for potential future budget consideration for MLE Officers. Clarftwa Given the pending increase in full-time fire service in Courtice and Bowmanville, MLE staff must move back to the MAC. This will allow for an MLE Clerk II to take payments on the ground floor with the other customer facing services. P.2 — Clerical Support Clerical staff currently manage the receipt of all complaints, which are received by telephone, email, in -person, and through the Municipal website (public portal). Once a complaint is received, the clerk is responsible for manually entering the details into the back end of the AMANDA system, if not received through the public portal. It is important to note that the information entered through the public portal still needs to be reviewed and deemed complete by a clerk before it is assigned to an officer. This requires extensive on the job training, and the clerk positions have historically been subject to considerable turnover. The clerks have other duties such as initiating work orders with contractors, verifying accounts payable invoices, preparation for invoicing property owners, processing business licences and permits, preparing items of correspondence as requested, and acting as administrative support for the Property Standards Committee. There are currently two full-time clerks, which provides limited flexibility if one is sick or on vacation. Additionally, the significant increase in complaints (149%) and parking tickets (33%) since 2017 has caused significant challenges to address customers in a timely manner and complete other assigned duties. Without a staffing to demand analysis it is not feasible to identify how many clerical staff are required, but it is reasonable to assume with the volume increase incurred and coverage requirements, a minimum of one additional Clerk II is required. The Council Services division at the MAC act as a back-up to answer phones and provide intake of complaints. Those staff provide additional support to the phone lines and email. However, this is an inefficient process as they are not able to provide the same level of service due to their own job responsibilities. This only adds to the frustration of the callers who are generally already unhappy. Staff in Council Services division would require cross training in AMANDA to enter complaints directly into the system, if there is to be a value -add. A formalized agreement does not exist between the MLE Division and the Council Services division to outline roles, responsibilities, and expectations of the support provided. In discussion with the Municipal Clerk, it is not feasible to take on any additional duties such as answering the phone as a back-up, given that it currently takes a considerable amount of time and they do not have the capacity. With the need for MLE to move back the MAC, this will provide the opportunity for the MLE Clerk II to be stationed on the main floor to deal with all related in -person activity. Clarftwa Recommendations • Business Improvement Specialist to evaluate the complaint intake process to help with evaluating the effectiveness of the current process and outline necessary changes to improve customer service. • Given the centralized approach to corporate customer service and the pending move from Trulls Road, one MLE Clerk II should be included in the front-line offering at the MAC. • Purchase the phone queuing system for MLE phone support to ensure customers who want to speak to someone can reach a staff person who can assist in efficiently logging their complaint or have the ability to leave a message if they do not want to wait. • A minimum of one Clerk II is required immediately to address the increased volume, coverage requirements and workload expectations. A staffing to demand assessment once the online portal and full utilization of AMANDA is complete should be conducted to ensure that clerical staffing is adequate with the established service standard. P.3 — Animal Services Although Animal Services was not part of the review, the components related to enforcement are, as the MLE Officers have duties in this area. As illustrated in the survey data, residents still contact the animal shelter for enforcement related matters. With only one part-time Clerk I assigned to the team, it causes the animal care attendants to fill the gaps, in addition to the supervisor. This is an inefficient use of staff time. When reviewing the Website to "report a problem — Animal related (barking, stray dog/cat, dog attack, stoop and scoop)" it was noted that the email generated goes to animalservices(a)_clarington.net. MLE is responsible for enforcement of these matters, but the process falls to the part-time Animal Services Clerk I to enter the complaints into the AMANDA system, to be then assigned to an MLE officer. This approach further compounds the staffing challenges faced at Animal Services. Public complaints relating to animals should be clearly defined by which staff provide which service internally - the public should not be left to determine. Future staffing changes within the division may be an opportunity to revisit the structure at the shelter and within the Municipal Law Enforcement division. Recommendations • There is an immediate need to convert the Clerk I position at the animal shelter to full-time as part of the 2024 budget (impact of $14,500). This will ensure sufficient coverage exists to deal with all clerical functions at the Animal Services Division. Clarftwa The website should be updated to have the animal services complaints sent to the MILE email address to ensure a clear line of communication between the public making the complaint and the office responsible to act. A clearly defined service level agreement should be prepared between Animal Services and MLE to ensure staff understand each area's responsibilities and can effectively communicate this publicly. Clarftwa People and Processes - Department Response The Municipal Law Enforcement Division is committed to enhancing our services and improving internal processes. Actions taken to implement the recommendations outlined in the Municipal Law Enforcement Service Delivery Review are already underway. All service enhancements and key accomplishments will be documented with plans to publish a secondary report illustrating actions and qualitative results where measurable. P.1 -Administration UK P.3 • Weekly team meetings will be scheduled on a recurring basis starting in September 2023. • Staff will obtain copies of Oshawa's interdepartmental Service Level Agreements to review. • Management in identified departments to collaborate on how best to formalize and further establish roles, responsibilities, and expectations. • Staff Schedule to be reviewed, with a view to eliminating the MLE Clerks Saturday shifts; website and phone messages will be reviewed for consistency of information. • The Clerk II position was requested and declined in previous budgets, but will be included again in 2024 budget. • Additional MLE Officers have been included in previous budget requests but declined; the request will be included again in 2024 budget. • All staff refresher training on Roles, Protocols, and Expectations Procedures to be scheduled to reinforce customer service standards. • Budget requests have been included to facilitate migration of MLE back to MAC in 2024. If the position is approved in the budget, an MLE Clerk will be stationed at front line counter at MAC. The phone queuing system is scheduled for implementation in September 2023. The implementation of the online Service Clarington Portal has noticeably improved the efficiency of MLE complaint intake and assignment. • As noted in P.1, a request for a full-time Clerk has been included in the 2024 budget. The website has been updated to direct all animal related by-law complaints to the MLE Office. Animal complaints entered through the new Service Clarington Portal are directly assigned to MLE. Clarftwa Technology and Equipment T.1 - AMANDA Software MLE went live with the AMANDA system on November 7, 2022. The implementation of the AMANDA system faced several challenges both from a design and execution standpoint. The processes mapped into the software were not vetted through either a customer service or continuous improvement lens. Staff turnover also created issues that have impacted full adoption. Staff have been continuing to work with IT on the roll -out and functionality, as have the other municipal departments. Staff in MLE are not using the software to its full capacity, for example there are specific forms that can be filled out and modified for case files within the software, but these are not used. There remains a reliance on the previous forms, outside of the software. MLE Officers return to the office and will update the AMANDA file with images and notes from their phone. However, the updates to the AMANDA file could be done in the field with the Inspector App, limiting the need to return to the office. Twelve Pads were purchased for MLE in April of 2022, the system was live in November of 2022, but at the time of the review only one tablet was being used by the coordinator and the rest were still packaged in the office. Utilizing the app would also allow staff to assign files to officers while they are in the field. The Inspector Application is used for building inspection and roll -out has commenced in fire inspection. Officers have noted they require further training in the Inspector Application, and this should be undertaken immediately. The software has also had an impact on processes and corresponding training documents, which need to be updated with support from IT. It is however acknowledged that it has been a challenge for the MLE Manager to keep the training documents up-to-date as the software has been modified almost continuously since initial activation. Upon adoption, further investigation should take place to review the feasibility of installing printing equipment in vehicles, which would make the Officers more mobile and provide the ability to address more issues daily as well as deal with the office space concerns. As part of the AMANDA software contract, a public -facing portal was included to allow customers to access several Municipal services through it however at the time of the review was not ready for public use. From an MLE perspective, the most notable benefit would be the ability to file a complaint. It is imperative that any piece of public facing software be Oadogton designed with the customer in mind, and staff are working with the vendor to make several changes to enhance the experience and functionality before full implementation. Licensing and permitting has been scoped to be available through the public portal, but due to the delayed launch the current process is inefficient. Applications are available on the website for download, to be submitted over email or in - person. Regardless of the method, payment is still required in -person, before the application can be processed. The application must be manually entered into the AMANDA software, after which the payment can be received, and the application process can be assigned to an officer or clerk for review. Recommendations • The Business Improvement Specialists undertake a scoped review of the processes that were built into the software. It is critical that our processes be efficient, while maintaining legislative requirements, and have the customer journey in mind where possible. • Ongoing staff training should be provided for staff to ensure all functionality of the AMANDA system is utilized. • Exploration of the feasibility of installing mobile printers in MLE vehicles , which will allow the officers to save time to improve customer response times. • Investment be made to update training documents to reflect the adoption of the AMANDA software. • Prioritize assistance to IT to fully implement a customer portal for MLE services and all functionality the new system provides. T.2 - Telephone System — Queue Line Currently, there is one main line for MLE that is assigned to one clerk. The second clerk assists with this phone line when needed. The MLE service is sensitive given the nature of the work and resident/business interactions are constant, the lean compliment of clerical support creates a situation where service level response is extensively affected when a clerk is absent. The Council Services Division support has been an established standard to provide the additional coverage, but the value -add is limited. Staff within the Council Services Division are not cross -trained to enter complaints into the software for action by Officers. They simply answer the phone, take down details, and pass it along to a MLE clerk to call back later. These staff within the Council Services Division also provide support by monitoring the by-law general email. Although this assistance is helpful, without further cross -training to use the system, it is manual and contrary to efficiencies gained from the fully digital approach AMANDA provides. Clarftwa During this review, it was discovered that calls were no longer being transferred to the Council Services phone lines. Upon investigation it was determined the root cause was an upgrade related to the phone system that was initiated in mid - December of 2022. This was rectified at the end of March 2023. The new phone system functionality allows for a queuing feature to be enabled, which would put the call on hold until the call could be picked up. This system would benefit MLE as it would reduce the number of calls sent to voicemail during office hours. This system provides data for the number of calls per 15-minute increments, the maximum length of a call and a breakdown of call preset time lengths (such as under 10 seconds, under 60 seconds, under 180 seconds, up to over 540 seconds). There is also a report on abandoned calls during office hours when the queue is open. In discussions with MLE clerks, some calls can be lengthy. Residents want to tell the whole story. If receiving a complaint, it takes time to collect the information and the clerk often provides some education about the complaint process. The implementation of this change is done by the external consultant and has a lead time of 6-8 weeks with an estimated cost of $10,000. Recommendations • IT/MLE should purchase, and implement, the phone queueing system to provide access to a live voice if the caller wishes to wait in the queue. This system will also provide relevant data to assess customer response rates and with time demand data, it will provide a better assessment of staffing needs to meet demand in general, by month and by day. • A customer service lens should be applied to the phone response through the development of a standardized customer service model, as there are polite ways to keep the call succinct to obtain what is required by the clerk to start the file. • Council Services does not have capacity to back-up MLE. Hiring an additional Clerk II and implementing the phone queuing system will remove the need for their assistance. T.3 - Vehicles Currently, the MLE division has 7 vehicles for officers to use. There are 8 full-time officers, 4 part-time officers and 1 summer student. When looking at the February schedule there are 3 - 6.5 hours instances from Tuesday to Friday where staff are short one vehicle. This is worse during the summer months when the full-time staff complement increases by way of the summer student. In addition, when a vehicle requires maintenance or repairs, there is no spare vehicle available. Clarftwa The MLEO vehicles do not have GPS systems. These systems provide an important safety measure for Staff and provide valuable information on the activities of municipally owned assets. This information is useful when responding to complaints regarding MLEO activities to quantifiably validate responses. Recommendations • The MLE fleet should increase by two vehicles to ensure adequate coverage at all times. As a standard practice, GPS should be added to all existing and future municipal fleet vehicles. There are financial considerations but given the benefits of the data that is available, this should be prioritized, and any in -year savings used. TA — Office Space The office space at the Trulls Road location is full, based on the current configuration. The office houses 1 manager, 1 coordinator, 2 clerks, 8 MLEO,4 part-time MLEO and 4 fire prevention officers. Currently, the 8 MLEO each have a dedicated workspace and computer. Given the mobile nature of the position, dedicated office space is not necessary. In conversations with the IT division, a dedicated computer is not necessary. With a USER ID and password, the MLE Officers could use any computer to log in. Access to hoteling stations within the Municipality would be sufficient to support the MLE Officers. With the changes in the Fire Service in Courtice and Bowmanville, MLE will move back to the MAC. A mobile model for officers will be required as space is limited at the MAC and staff will have to fully embrace hoteling for those working less than 4 days in the office as well as positions of a mobile nature. This is already occurring with the Building Inspectors who currently have 5 workstations for 8 inspectors to use. All inspections are linked to their Pad through AMANDA so it is not always necessary for them to come into the MAC. This model has been in place since the Building Division moved to the first floor and has been working well. Recommendation • AS MLE will move to the MAC, hoteling space will be provided for the officers to use when required. T.5 — Body Worn Cameras In recent years, more and more police services in Ontario have introduced the use of body worn cameras to record the interactions between police officers and members of the public. In a limited number of cases, municipalities have also Oadogton begun to implement the use of body worn cameras by MLE Officers. The Body -Worn Cameras (BWCs) Policy from the City of Guelph highlights the following benefits: o Provide accurate and improve quality of evidence collection for investigative, judicial, and oversight processes; o Maintain transparency to ensure trust between our community, internal colleagues, and partner agencies; o Enhance accountability for both members of MLE and members of the community served by MLE; and o Provide information as to the effectiveness of MLE services procedures and training. The adoption of BWCs still remains controversial and is not the norm within municipal law enforcement, and there are no GTA municipalities are currently using this technology for MLE purposes. However, the municipalities of Brant County and the Town of Cobourg have recently adopted their use. It should be stated that the use of body worn cameras by police officers has routinely been justified in the media in the context of criminal investigations and specifically in circumstances in which a physical altercation has occurred between a police officer and a member of the public while in police custody. It needs to be emphasized that this rationale does not carry over to the duties performed by MLE Officers. Under no circumstances would an MLE Officer ever detain, arrest, take into custody, or initiate any physical contact with a member of the public. Recommendation Monitor the trend of body worn camera use by MLE, and if it becomes more prevalent in the GTA, conduct a cost/benefit analysis to determine the feasibility of adoption. Oadogton Technology and Equipment - Department Response T.1 Iwo T.3 • AMANDA MLE document templates have been identified as a priority for implementation in the coming months. The draft templates have already been created and accessibility standards review conducted. The content contained in the templates require one final review before going live. • Formal training on the use of the Inspector App was provided to Officers in early July. The iPads are now operating at full utilization in the field by Officers. The App is very effective for less complex/routine investigations. Significant in -office time is still required when legal action is initiated, and for more complex enforcement matters involving property standards, zoning, site alteration, and dog biting incidents. • AMANDA public -facing portal "Report a Problem" and licensing and permitting were activated in July 2023. Implementation has helped to streamline these processes for both the customer and staff. • The recommendation to explore the cost and feasibility of mobile printers to be a future consideration. • As noted in P.2, phone queuing system is scheduled for implementation beginning in September 2023. • As noted in P.1 and P.3, an additional MLE Clerk position has been requested in the 2024 budget. • Additional vehicles and GPS technology has been requested in the 2024 budget. Oadogton Standards and Services SA - Service Levels Municipal Law Enforcement has an internal procedure PO1-004 Roles, Protocols and Expectations approved October 12, 2022, by the Deputy CAO/Solicitor (Attachment 4). With the implementation of AMANDA, the document requires some adjustments. The timing references are not consistent. For example, there are timelines of 4 weeks, 30 days, and 1 month under the column for "complete resolution". Staff have indicated reporting of the service level expectations will commence in 2023. This data will provide internal management, senior staff, Council, and the public a snapshot of performance. If timelines are not being met it would provide an opportunity to gain a better understanding of resource allocation, process, etc. In accordance with the comparator data collected and the significant increase in activity both provided early in this report, the number of By -Law Officers is not adequate to provide a customer service model expected by Council and the residents as constant complaints are received on the timing of returned calls and action on files. However, without a staffing to demand analysis it is not feasible to use data to determine the exact number required. Reporting Functionality As data is now more readily available in AMANDA, the Municipal Law Enforcement Manger is working on developing a monthly communication summary to Council members relating to their individual wards expected to roll -out in 2023. The AMANDA software has the functionality to run various customizable reports pertaining to the service standards that have been set by the department. Standard summary reports should be run regularly to manage against those standards. Key Performance Indicators Key performance indicators are used by progressive, high -functioning operations, to monitor quantifiable results. This allows management to evaluate if expected standards are being met and adjust accordingly when they are not. MLE has recently begun using AMANDA to provide some statistical information, which is volume based. Role of Council Within P01-004, the Manager (or designate) assigns a priority level to each file (emergency, high, low, and routine) as well has the discretion to discern if a file is frivolous or vexatious. Council's role is to set policy and expectations through by- Oadogton laws and it is prohibited for them to interfere in how a file is handled. Although by-laws exist and the application of enforcement is established through the procedures document, a certain amount of discretion does exist in many circumstances with the officer. Council's role in municipal enforcement is outlined in policy F14 Enforcement Policy, last updated in January 2021. Other municipalities, such as the City of Oshawa, provide reports to Council on MILE service levels and other statistical data. This would be a useful exercise to undertake to provide Council with insights into the operations. Recommendations • Monthly reporting should be generated from the AMANDA system to the MILE management staff to review and monitor service levels. Any exceptions to the service levels should be documented and action taken to address the root cause. Regular monitoring of the service levels is an integral component of ensuring service expectations are met. • As customer service standards are reported, it is recommended that these reports provide the basis of the update meetings between the Manager and officers. • The Division should establish a set of key performance indicators and provide a monthly public scorecard. Although volume statistics are useful, productivity statistics provide insight into how well the service is being delivered. • A semi-annual report to Council on municipal law enforcement key performance indicators should be implemented. S.2 — Parking There are several parking activities overseen by the MILE staff. The most significant would be the issuing of parking infractions and payment. Parking enforcement is guided by the Traffic By-law 2014-059. This by-law is regularly reviewed and there have been many amending by-laws made. MLE also coordinates with DRPS on school zone blitzes to address problem parking in school zones before and after school hours. Tickets are issued through the gtechna software by MILE officers. Tickets can be paid online through a link on the municipal website or in person. If a ticket is not paid after a prescribed time, Clarington sends them a "Notice of Impending Conviction" (NIC); if not paid the ticket is forwarded to the Provincial Offences Court. Once the ticket is transferred, the ticket holder must deal with the Provincial Offences Court. In 2022, 4,132 NICs were processed (40% of tickets issued). Clarftwa A ticket holder can dispute a ticket through Clarington's First Attendance meeting. Currently the ticket holder would call the MLE office and book a 15-minute telephone meeting to discuss the ticket. Through this process, a ticket can be cancelled, reduced, or upheld. First Attendance First attendance meetings are a legislated process that allows individuals to dispute a parking ticket within 15 days of issuance. A significant amount of time is spent on First Attendance meetings. These are currently only booked and offered over the phone. A digital booking and screening option would alleviate some of the time pressures from the manual system. This will reduce the call volume currently being fielded by the Clerk II's. In 2022, 927 First Attendance meetings were held and 221 have been held to -date in 2023. Currently, the Coordinator blocks 6 hours a week for these meetings — and they are booked in 15-minute increments. The Manager or another Officer are the back-up. Screening Officers are used to deliver this function in several municipalities such as Pickering, Markham, and Mississauga, among others. The process that a municipality can follow is dependent on if an Administrative Monetary Penalty System (AMPS) system is being used. There is an ability to streamline this intake review process and reduce time spent by all involved (customer and MLE staff). Recommendation IT to undertake a review of the online dispute mechanisms used by the municipalities listed to determine how Clarington could best implement one to realize the efficiencies. S.3 - Licensing and Permitting Licensing and permitting is not clearly delineated and the customer experience and documents available online are disjointed. Most applications are available to be printed on the municipal website and the filing and payment process challenges were noted above. Several of the forms require updating as the contact information is out of date, standardization is also an issue noted. The AMANDA system will allow for the public to file and pay for licenses and permits in July 2023. Clarftwa Recommendations • All application forms should be reviewed on a cyclical basis to ensure accuracy and consistency. • The Business Improvement Specialist should be engaged to review the licensing and permitting process across the organization. SA - Property Property related complaints cover a wide range of issues and cross into various departments/divisions within the Municipality. Clear communication, both with the public and between departments is critical to effective service delivery. Examples include: Table 6 - Property Related MILE Complaints Category.- Complaints Community Standards Boulevard, fortification, signs, fences, graffiti Community Standards — Safety Clean & clear, lot maintenance, property standards (By-law 2007-070) Public Safety Snow removal (sidewalks), fireworks, open-air burning, firearms, West Nile, Provincial orders, road occupancy Nuisance Noise, loitering, public nuisance, trespass to property, drainage, parks, lighting Land Use Apartment in house, zoning Environmental Waste material, idling -parking, illegal dumping, site alteration -fill, tree cutting, Recommendation • The development of a SLA between the various departments/divisions will clarify responsibilities, expectations (internal and external) and process for the overlapping issues. Clarftwa S.5 - Animal Animal Enforcement MLE officers are rotated through as Animal Officer of the week to undertake enforcement related activities, but there is no dedicated office space at the animal shelter for the officer. Non -enforcement There are several non -enforcement animal related services that are undertaken by MLE Officers, such as removal of dead animals, injured wildlife, and stray animal management. Over the past two years, annually there have been approximately 200 dead animal pick-ups, requiring a sizable amount of MLE staff time. This service does not fit neatly within the overall scope of MLE officers, yet animal services is not staffed appropriately to undertake the work. As part of the municipal benchmarking exercise, it was noted that the City of Oshawa has contracted out this service to their Public Works department. Recommendations • To streamline the focus of the Animal Services division, contract out dead animal pick-up (estimated at $20,000 per year). • To create greater coordination between Animal Services and MILE, a touchdown space should be created at the animal shelter and used by the Animal Officer of the week. S.6 - Community Engagement Information Navigation With the number of new residents, outside of our expected long-term growth, it is expected that there will be a significant number of people who are looking to learn about our by-laws. Particularly given that they can vary by community. The current location of Clarington by-laws on our municipal website is not user friendly and challenging to find. Clarftwa Public Education and Outreach MLE has created pamphlets on certain by-laws in the past but there is no proactive effort to distribute them to residents. There is a need for more active communication with residents to educate and communicate on by-laws and enforcement standards. Municipal enforcement does have seasonal peaks so a focused campaign could target common problems such as parking, snow clearing for sidewalks, grass cutting, and responsible pet ownership. Recommendation • A comprehensive public engagement framework should be established to inform residents actively and regularly, particularly those in new neighbourhoods. Municipal Communications Staff should assist in the development of the framework and corresponding process used. Clarftwa Standards and Services — Department Response S.1 • Monthly information updates will commence in the near future with a focus on both volume and productivity reporting. S.2 • First attendances have been recently modified to make improvements including delegation of this task to full-time officers. • An online booking option for first attendances would be of benefit to the public and administrative staff. It is proposed that appointments remain at a personal level between the requester and screener (i.e. telephone or video conference). S.3 S.5 S.6 • License application forms will be scheduled for periodic review and revision. • As part of the 2024 budget process, we are consulting with Public Works about the potential to contract out pick-up of animal remains. • Initial efforts have been made to enhance public communication and education with further initiatives to follow in collaboration with staff in the Communications Division. - � , f*V ..�. _.. _ _-.':-,c:. .i -ems' '.• � � �� 3- �` �. Future Considerations Clarftwa Future Considerations After-hours Enforcement Pilot The Town of Whitby recently undertook an after-hours pilot project in response to concerns from council and the community. Residents had the ability to speak directly with an officer on duty between 9pm and 3am Thursday to Sunday nights from May to October. This was identified as the time through which the majority of noise complaints occur. Whitby Council recently voted to extend the pilot and explore the option of making the service permanent through the 2024 budget. Once the initial set of recommendations are implemented, a service offering like this should be explored to address service level gaps. Administrative Monetary Penalty System (AMPS) Administrative Monetary Penalties or AMPS is an alternative service delivery mechanism to the Provincial Offences Act (POA) Court. Currently unpaid parking tickets and other offences are sent the POA Court at the Region after a prescribed period. Once a ticket is passed on, the Municipality has not control or access so the customer must go through the POA Court. The POA Courts process can be lengthy and costly. If a payment is made at POA, the court system deducts their fees, and the municipality will only receive a portion of the fines collected. Under an AMPS program, should a customer disagree with a screening officers' decision, the matter would be referred to an independent instead of through the POA Court. Implementing an AMPS requires significant time, cost, and additional staff to set up. An AMPS can be set up to include other municipal fines and penalties beyond parking tickets. Consideration should be given to any future software procurement and implementation on how it would be able to integrate an AMPS in the future. The trend is shifting towards adopting these systems given the efficiencies that can be gained upon successful implementation. /mw . * «m 6 3\\ \\!sue \>»,- �\ Recommendations Summary Oadogton Recommendations Summary People and Process Recommendations P.1 —Administration • Conduct weekly scheduled team meetings to provide ongoing feedback and staff development. • Together with the Planning and Infrastructure, Public Works, Council Services and Fire and Emergency Services Departments, develop written service level agreements to clarify roles and responsibilities. This will ensure a clear understanding of roles, responsibilities, and expectations. • Develop a consistent schedule for service and clearly communicate the schedule on the website. To avoid further confusion and address the staffing concerns on Saturdays, close the office to the public on Saturdays, with telephone support only. This will also provide an opportunity for clerical staff to address backlogs. • For consistency and transparency clearly identify on the website which holidays MLE Officers will be working, but that office will be closed. • Hire a Clerk II to ensure adequate coverage and address the workload issues from the increased number of complaints and tickets. A staffing to demand analysis is required to understand the complete staffing requirement in this area. However, the data is not available to conduct this analysis. Once AMANDA is fully implemented and enough data points exist, this should be completed. However, given the current backlog and coverage required, a minimum of one Clerk II is required. • Provide enhanced training to staff on expectations regarding in -person and phone support for residents to standardize the customer experience. • In 2024 hire an additional MLE Officer to address service delivery issues. This assessment is strictly based on the existing backlog and an additional MLE Officer will bring Clarington the same staffing level as Caledon, a municipality with a much smaller geographic footprint and 60,122 residents. This is a starting point as the data does not exist to conduct a complete staffing to demand analysis. Once improvements are made with full utilization of the available software, streamlined processes and the centralization of payments, the Business Improvement Specialist should complete a staffing to demand assessment for potential future budget consideration for MLE Officers. Oadogton Given the pending increase in full time fire service in Courtice and Bowmanville, MILE staff must move back to the MAC. This will allow for an MILE Clerk 11 to take payments on the ground floor with the other customer facing services. P.2 — Clerical Support • Business Improvement Specialist to evaluate the complaint intake process to help with evaluating the effectiveness of the current process and outline necessary changes to improve customer service. • Given the centralized approach to Customer service at the MAC and the pending move from Trulls Road, provides the opportunity for an MILE counter on the first floor for customer support with the other front-line services offered. One MILE Clerk II should be included in the first -floor customer support model. • Purchase the phone queuing system for MILE phone support to ensures customers who want to speak to someone reaches a staff person who can assist in efficiently logging their complaint or they can leave a message if they do not want to wait. • A minimum of one Clerk II is required immediately to address the increased volume, coverage requirements and workload expectations. A staffing to demand assessment once the online portal and full utilization of AMANDA is complete should be conducted to ensure that clerical staffing is adequate with the established service standard. P.3 — Animal Services There is an immediate need to convert the Clerk I position at the animal shelter to full-time as part of the 2024 budget (impact of $14,500). This will ensure sufficient coverage exists to deal with all clerical functions at the animal services division. The website should be updated to have the animal services complaints sent to the MILE email address to ensure a clear line of communication between the public making the complaint and the office responsible to act. A clearly defined service level agreement should be prepared between Animal Services and MLE to ensure internally staff understand each area's responsibilities and can effectively communicate this publicly. Clarftwa Technology and Equipment Recommendations T.1 - AMANDA Software • The Business Improvement Specialists undertake a scoped review of the processes that were built into the software. It is critical that our processes be efficient, while maintaining legislative requirements, and have the customer journey in mind where possible. • Ongoing staff training should be provided for staff to ensure all functionality of the AMANDA system is utilized. • Exploration of the feasibility of installing mobile printers in MILE vehicles, which will allow the officers to save time to improve customer response times. • Investment be made to update training documents to reflect the adoption of the AMANDA software. • Prioritize assistance to IT to fully implement a customer portal for MLE services and all functionality the new system provides. T.2 - Telephone System — Queue Line IT/MLE should purchase, and implement, the phone queueing system to provide access to a live voice if the caller wishes to wait in the queue. This system will also provide relevant data to assess customer response rates and with time demand data, it will provide a better assessment of staffing needs to meet demand in general, by month and by day. A customer service lens should be applied to the phone response through the development of a standardized customer service model, there are polite ways to keep the call succinct to just what is required by the clerk to start the file. Council Services does not have capacity to back up MILE. Hiring an additional Clerk II and implementing the phone queuing system will remove the need for their assistance. T.3 - Vehicles • The MILE fleet should increase by two vehicles to ensure adequate coverage at all times. As a Standard practice GPS should be added to all existing and future municipal fleet. There are financial considerations but given the benefits of the data that is available, this should be prioritized, and any in -year savings used. Oadogton TA — Office Space • AS MLE will move to the MAC, hoteling space will be provided for the officers to use when required. T.5 — Body Worn Cameras • Monitor the trend of body worn camera use by MLE, and if it becomes more prevalent in the GTA, conduct a cost/benefit analysis to determine the feasibility of adoption. Standards and Services Recommendations SA - Service Levels • Monthly reporting should be generated from the AMANDA system to the MLE management staff to review and monitor the service levels. Any exceptions to the service levels should be documented and action taken to address the root cause. Regular monitoring of the service levels is an integral component of ensuring service expectations are met. • As customer service standards are reported, it is recommended that these reports provide the basis of the update meetings between the Manager and officers. • The Division should establish a set of key performance indicators and provide a monthly public scorecard. Although volume statistics are useful, productivity statistics provide insight into how well the service is being delivered. • A semi-annual report to Council on municipal law enforcement key performance indicators should be implemented. S.2 — Parking • IT to undertake a review of the online dispute mechanisms used by the municipalities listed to determine how Clarington could best implement one to realize the efficiencies. S.3 - Licensing and Permitting All application forms should be reviewed on a cyclical basis to ensure accuracy and consistency. The Business Improvement Specialist should be engaged to review the licensing and permitting process across the ornanization_ Clarftwa SA - Property • The development of a SLA between the various departments/divisions will clarify responsibilities, expectations (internal and external) and process for the overlapping issues. S.5 — Animal To streamline the focus of the Animal Services division, contract out dead animal pick-up (estimated at $20,000 per year). To create greater coordination between Animal Services and MLE, a touchdown space should be created at the animal shelter and used by the Animal Officer of the week. S.6 - Community Engagement • A comprehensive public engagement framework should be established to inform residents actively and regularly, particularly those in new neighbourhoods. Municipal Communications Staff should assist in the development of the framework and corresponding process used. At Clarington G1.9rmgton )qpo-, ri'. Ab OANVILL,C Clarftwa Attachments • Attachment 1 — Survey Results (high-level data — no individual comments) • Attachment 2 — Municipal Law Enforcement Service Levels • Attachment 3 — Current Organizational Structure of MLE Division • Attachment 4 — P01-004 Roles, Protocols and Expectations Attachment 1 — Survey Results Municipal Law Enforcement Survey Q1 Have you had any dealings with Municipal Law Enforcement Services? Answered:136 Skipped:0 No Yes, in the past year. Yes, in the past two to... Yes, more than five years a... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES No 33.82% Yes, in the past year. 36.03% Yes, in the past two to five years. 23.53% Yes, more than five years ago. 6.62% TOTAL 46 49 32 9 136 1/16 Municipal Law Enforcement Survey Q2 What was the purpose of your business? (Select all that apply.) Answered:70 Skipped:66 Animal (Animal complaint) General - information Made a - complaint Parking (Parking... Licensing (Refreshment... Property standards (L... Recipient of a complaint/in... Sidewalk snow - removal Sign (Sign complaint) Zoning (Site alteration) Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 2/16 Municipal Law Enforcement Survey ANSWER CHOICES RESPONSES Animal (Animal complaint) 12.86% General information 11.43% Made a complaint 25.71% Parking (Parking ticket, parking complaint) 50.00% Licensing (Refreshment vehicle, pedlar) 1.43% Property standards (Long grass, garbage) 11.43% Recipient of a complaint/investigation 2.86% Sidewalk snow removal 15.71% Sign (Sign complaint) 2.86% Zoning (Site alteration) 1.43% Other (please specify) 12.86% Total Respondents: 70 # OTHER (PLEASE SPECIFY) DATE 1 Blocking of public road preventing access for emergency vehicles 3/23/2023 5:05 PM 2 1 received a ticket for the trunk of my car being over the sidewalk in my driveway 3/21/2023 11:06 AM 3 Mutual fence 3/17/2023 4:35 PM 4 Fireworks 3/11/2023 8:37 PM 5 Noise complaint 3/10/2023 8:18 PM 6 Car accident 3/10/2023 12:00 PM 7 Noise 3/10/2023 11:14 AM 8 Noisy neighbour 3/10/2023 10:44 AM 9 Entered my yard asking for building permits for a shed, which were displayed on my front 3/9/2023 2:14 PM window 9 8 18 35 1 8 2 11 2 1 9 3/16 Municipal Law Enforcement Survey Email In -person Online (website) Phone Q3 How did you contact the municipality? Answered:70 Skipped:66 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Email 25.71% 1 n-person 15.71% Online (website) 30.00% Phone 28.57% TOTAL 18 11 21 20 70 4/16 Municipal Law Enforcement Survey Q4 Please indicate how strongly you agree or disagree with the following statements. The location of the... The hours worked by... Submitting my complaint wa... Answered:70 Skipped:66 5/16 Municipal Law Enforcement Survey I received communicatio... My issue or complaint wa... I was satisfied wi... 6/16 Municipal Law Enforcement Survey Overall, I was satisfied wi... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Strongly ag... Agree Neither agr... Disagree Strongly dis... N/A STRONGLY AGREE NEITHER DISAGREE STRONGLY NIA AGREE AGREE NOR DISAGREE DISAGREE The location of the Municipal Law 11.43% 21.43% 38.57% 11.43% 10.00% 7.14% Enforcement office meets my 8 15 27 8 7 5 needs. The hours worked by Municipal Law 1.43% 25.71% 27.14% 17.14% 17.14% 11.43% Enforcement officers meets my 1 18 19 12 12 8 needs. Submitting my complaint was easy. 11.59% 49.28% 13.04% 8.70% 5.80% 11.59% 8 34 9 6 4 8 1 received communication at 10.14% 23.19% 18.84% 23.19% 11.59% 13.04% important steps in the process. 7 16 13 16 8 9 My issue or complaint was 13.04% 18.84% 13.04% 26.09% 27.54% 1.45% resolved. 9 13 9 18 19 1 1 was satisfied with my interactions 14.49% 20.29% 13.04% 26.09% 18.84% 7.25% with staff. 10 14 9 18 13 5 Overall, I was satisfied with the 8.70% 20.29% 13.04% 31.88% 23.19% 2.90% process. 6 14 9 22 16 2 TOTAL 70 70 69 69 69 69 69 7/16 Municipal Law Enforcement Survey Q5 Who would you contact for an animal complaint (aggressive or barking dog, dog off -leash)? Answered:92 Skipped:4a Animal Services Municipal Law Enforcement Town hall Don't know ANSWER CHOICES Animal Services Municipal Law Enforcement Town hall Don't know TOTAL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 48.91% 40.22% 0.00% 10.87% 45 37 0 10 92 8/16 Municipal Law Enforcement Survey Q6 Should Clarington dedicate more resources to handling by-law complaints, understanding this may result in an increase in property taxes? Answered:91 Skipped:41� Yes No qE I don't know ML 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Yes 43.96% No 34.07% 1 don't know 21.98% TOTAL 40 31 20 91 9/16 Oadogton Attachment 2 Municipal Law Enforcement Service Levels (P01-004) By-law Animals - Exotic Sub -type General Initial Response 3 business days Complete Resolution 30 days Animals - Kennel General 3 business days 30 days Animals - Responsible Pet Owners Emergency, Unsafe Condition (including dog bites) 1 business day 3 days Animals - Responsible Pet Owners General (outside of emergency) 3 business days 30 days Apartments -in-house General 3 business days 3 months Boulevard General 3 business days 4 weeks Boulevard Site Obstruction 1 business day 1 week Clean and Clear Debris, Grass and Weeds 3 business days 4 weeks Clean and Clear West Nile (i.e. stagnant water) 2 business days 1 week Discharge of Firearms General 3 business days 1 week Firearms - Replica General (e.g. Sales) 3 business days 1 week Oadogton Sub -type Initial Response Drainage General 1 week 3 months Fence and Site Triangle Emergency, Unsafe Condition 1 business day 1 business day (including Pool Enclosure) Fence and Site Triangle Exceed Height Restrictions 3 business days 4 months Fence and Site Triangle Pool Enclosure, non -emergency, 3 business days 2 months non-compliance Fence and Site Triangle Site Construction 1 business day 4 months Fireworks After the fact (at the time is dealt 1 week 1 week with by Fire Services) Fortification General 1 week 3 months Graffiti General 3 business days 1 month Idling General 1 business day 1 week License - Auctioneer Operate Contrary to Regulations 1 week 4 weeks Oadogton Sub -type Initial Response License - Peddlers Operate Contrary to Regulations 1 week 4 weeks License - refreshment Operate Contrary to Regulations 3 business days 4 weeks Vehicles License - Special Events Operate Contrary to Regulations 1 business day 4 weeks License Vehicles for Hire Operate Contrary to Regulations 1 week 4 weeks Littering General 2 business days 5 business days Noise General 3 business days 3 months Nuisance General 3 business days 3 months After the fact (at the time is dealt with by Fire Services unless Open Air burning we have an officer available in 1 week 1 week which case it would be deemed an Emergency Priority) Parks General 2 business days 1 week Oadogton Sub -type Initial Response Emergency, Unsafe Conditions - Property Standards No Heat, Open Well, Unfenced 1 business day 1 business day Pool Property Standards Emergency, Unsafe Conditions - 1 business day 1 month Outside of No Heat Property Standards Outside of Unsafe Conditions 3 business days 4 months Road Occupancy Illegal 1 week 3 months Sign Illegal 1 week 3 months Site Alteration General 2 business days 4 months Skateboards General 1 business day 1 business day Snow & Ice Removal General 1 business day 3 business days Traffic Parking General 3 business days 1 business day * to be corrected Traffic Parking Overnight, Weekend, 1 week 1 week School Zone Oadogton Attachment 3 — Current Organizational Structure of MLE Division ZP41111WE Municipal Law Enforcement Division Animal Services Supervisor Animal Care Attendent z Attendant 2 Clerk I 1 Student 1 Deputy CAO/Solicitor Municipal Law Enforcement Ma nager MLEO II 3 Enforcement Coordinator Clerk II 2 MLEO 1 5 MLEO 1 4 Student 1 Non -Affiliated Affiliated -Union Part-Time/Student Attachment 4 — P01-004 Roles, Protocols and Expectations ciffiW4011 Legislative Services Municipal Law Enforcement Division Departmental Procedure Approved by: Duncan Anderson/Rob Procedure Number Maciver P01-004 Approval Date: October 12, 2022 Title: Roles, Protocols, and Expectations Revision Date: 1. Purpose The Municipality of Clarington is committed to providing residents a vibrant and safe community. In so doing, Municipal Law Enforcement staff shall ensure that, where an incident or series of events have occurred, that the matter is promptly and thoroughly investigated and responded to in accordance with prevailing legislation and Municipal by-laws. 2. Definitions Clerk means the Clerk II serving the Municipal Law Enforcement Division or any other member of the Clerk's Division who may be receiving and logging incoming complaints. MLEO or Officer means Municipal Law Enforcement Officer. OTS means the occurrence tracking system database. POA means Provincial Offences Act. 3. Procedure 3.1. Receipt of Complaint/Notice of Issue 3.1.1. Appendix 5 is an overview of the investigation steps. 3.1.2. Where a matter of concern is brought to the attention of a Staff Member (Clerk or Officer), the individual receiving the information in person, by call or via email will record the matter into the OTS, while ensuring all required information is recorded. 3.1.3. If the complainant is unwilling to provide their name and contact information (address and phone number), they are to be advised that the Division will not respond to, or investigate, anonymous matters. Members Departmental Procedure Title: P01-004Roles, Protocols, and Expectations of Council will be similarly advised that Officers require the name, address, and phone numbers of the original complainant. 3.1.4. If a resident is adamant that they will not provide their personal information, and if in the judgement of the Manager of Municipal Law Enforcement or the Municipal Law Enforcement Coordinator the nature of complaint poses a significant risk to health or safety of public, the information will be entered in the OTS and dispatched. 3.1.5. Investigations will be assigned to Officers based on their designated patrol areas. In addition, the MLEO File Assignment Guidelines (Appendix 2) shall be followed when assigning files. MLEO II may be assigned files from either column in the table in Appendix 2, provided they have the necessary training and experience. Complaint files may be assigned by the Clerk in accordance with this Procedure as well as the Enforcement Policy and other relevant departmental or corporate directives. Files may also be assigned to Officers by the Manager or Coordinator of the Division at their discretion. 3.1.6. On receipt of a complaint, the complainant shall be notified, at the Clerk's earliest opportunity, that their complaint has been received, the name of the Officer who will be investigating the matter, and the OTS Number. 3.1.7. The Clerk/MLEO will ensure that during all calls received, residents are provided with the information required to adequately understand the role of Municipal Law Enforcement, and the extent of our ability to assist them with their concern. General information may be provided to assist them in finding a solution, including information on our website or re -directing to another Department. 3.1.8. All property standards concerns must be received in writing (including email, written hardcopy or online complaint form) and the details shall be entered in the OTS by a Clerk or MLEO. Where a person is unable to submit in writing, they shall be offered the option to attend the MLE Office and a staff member may assist them in documenting their concerns. If receipt of a handwritten, email or typed response is not received the file may be entered in the OTS as information only and no further action taken, unless there is an imminent threat to public safety. 2 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 3.1.9. Where an external complaint is received it will be logged into the OTS by [who?]. Where the complaint was received through a channel other than in person or over the phone, prior to assigning the complaint to an Officer, the Clerk II shall contact the complainant within the timeframes identified in Appendix 1 to confirm receipt and to obtain any necessary clarifications of the information that has been previously provided. 3.2. MLE Staff Duties Manager of Municipal Law Enforcement Division 3.2.1. The Manager of the Municipal Law Enforcement Division is responsible for the overall leadership and management of the entire Division. This includes: • Long range planning • All aspects of input into the Divisional budget • Developing workplans • Overseeing all POA court matters and providing direction to the Municipal Prosecutors, and advising the Deputy CAO/Solicitor with respect to other court processes • Staff recruitment and discipline • Lead role in addressing Council enquiries and concerns • Authoring, reviewing and/or presenting reports to Council and Standing Committees • Arranging and leading public consultation efforts during major by- law reviews and updates • Supervising MLEO II Municipal Law Enforcement Coordinator 3.2.2. The Municipal Law Enforcement Coordinator is responsible for the overall administration of the Division on a day-to-day basis. This includes: Supervising the MLEO I Ensuring that all policies, practices and guidelines are being adhered to in order to ensure that the MLE services are applied fairly and consistently Total administration of the Municipality's parking enforcement system including staffing, technical services and maintaining both electronic and paper tickets and other related supplies and equipment 3 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations Special projects including but not limited to by-laws updates and drafting Council reports in support of such initiatives In the absence of the Manager, the incumbent will assume the role of Manager. Clerk II 3.2.3. The Clerk Its are responsible for various administrative and clerical duties that directly serve the public and other staff regarding MLE services including: • Inputting data into the OTS • Coordinate the assignment of parking enforcement in high complaint areas with the enforcement of other by-law matters, based upon location and type of concern. • Processing of MLE related invoices • Preparing items of correspondence as requested • MLE Division filing and records management • Processing of Business Licences and Permits • First contact by phone and general Division email • Acting as Secretary for Property Standards and Order -to -Restrain Appeals MLEOs - General 3.2.4. MLEO Is and MLEO Its will continuously communicate and coordinate call investigations to provide the most efficient time management and customer service levels. 3.2.5. All Officers are responsible for uniforms and equipment in accordance with Appendix 7. MLEO I 3.2.6. The primary responsibility of MLEO I staff is to respond to parking related complaints, investigate animal related complaints, arrange for towed vehicles as required, and perform general maintenance of the parking meters. 3.2.7. These primary responsibilities shall be aligned with the enforcement of other by-law enforcement matters including but not limited to Noise complaints (includes animal related), Lot Maintenance, Snow Removal, 4 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations Signs, Boulevard complaints, Animal Handling, and minor zoning issues (e.g. trailers). MLEO I will liaise with MLEO II when investigations appear to be related to Zoning, Property Standards or of a more complex nature. At that time, the Manager will determine if carriage of the file will be assumed by an MLEO II. 3.2.8. Full time MLEO I assignment areas are presently divided between the four Electoral Wards within the Municipality of Clarington. Officers will provide assistance in other Wards as needed or assigned. 3.2.9. Part -Time MLEO I Officers generally will focus their duties on monitoring and maintaining parking meters, responding to parking related complaints, patrolling parks and waterfront areas, and issuing tickets. Other duties will include responding to animal related calls and other by-law matters of a less complex nature and will be dependant on the shift of the officer. 3.2.10. The following is a breakdown of expected tasks and duties of Part — Time MLEO I Officers within certain time frames. The noted time frames and tasks are not restricted and may be adjusted slightly, dependant on operational needs and hours of work. 3.2.11. Day Shift (hours between 0800 and 1630) — Downtown Bowmanville — maintenance of meters, collecting and counting meter money, parking enforcement downtown including all municipal lots, limited school enforcement. 3.2.12. Afternoon/Evening Shift (hours between 1600 and midnight) — downtown parking enforcement, `afterhours' (e.g. noise, dogs off leash, over -weight vehicles) and parking calls/files logged in OTS, pro -active enforcement of chronic parking complaint areas e.g. bike lanes, sports fields, business locations. 3.2.13. Night Shift (hours between Midnight and 0830 hours) — pro -active 3-5 and sidewalk parking enforcement, `afterhours' (e.g. noise, dogs off leash, over -weight vehicles) and parking calls/files logged in OTS 3.2.14. Ongoing communication between Officers, Clerk Ils, the MLE Coordinator and the Manager of Municipal Law Enforcement is imperative to assist in the efficient and timely response to initiating investigations and administrative duties of enforcement officers. 5 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations MLEO II 3.2.15. The primary focus for MLEO II Officers, is responding to Property Standards, Site Alteration and Zoning related enforcement concerns. However, they also respond to issues involving any of the regulatory municipal bylaws including, but not limited to: Licensing (taxi, refreshment), Signs, Noise (including animal related), Fence, Boulevard, Lot Maintenance, Snow Removal, Animal related and handling (as per Collective Agreement), and Parking as required. Effective communication and coordination between MLEO I's and the Clerk II are required to adequately manage high call volumes, and timing of investigations. 3.2.16. Assignment areas for MLEO II investigations are presently divided into the four Electoral Wards within the Municipality of Clarington, with each Officer being assigned to a specific Ward. Ongoing communication between Officers, Clerks and the Manager of Municipal Enforcement is imperative to assist in the efficient and timely response to initiating investigations and administrative duties of enforcement officers. 3.2.17. MLEO I that are progressing through the OAPSO Training Courses Level 1-3, may begin to take on "less complex files" relating to Property Standards. This is to be undertaken with the guidance of an MLEO 11. 3.3. Prioritizing of File Items 3.3.1. When entering files in the OTS Database, the item shall be assigned a priority. Priority ratings include emergency, high, routine, low and information only for Municipal Law Enforcement. The following is a guideline to consider when entering the priority: EMERGENCY — public safety, immediate threat such as uncovered well, hazardous broken tree limbs, or aggressive animal at large (i.e. not confined nor restrained). • HIGH -- Time factor, is there a pressing necessity to act such as a vehicle blocking driveway, active site alterations, boulevards and fill operations, Injured animal/wildlife, Dog bites, or confined animal. LOW — long-term issue which is just now being reported such as long grass weeds, public nuisance, parked more 3 hours, or poop & scoop. 6 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations • ROUTINE — matter is a known re -occurring issue affecting multiple residents such as 3-5 a.m. parking, snow removal, school zone enforcement, or dog off leash patrols. • INFORMATION ONLY - Wildlife sighting. 3.3.2. Investigative response to all files shall be attended/completed in a timely manner, within the established Service Levels identified in Appendix 1. The following shall be a guideline to assist in initiating investigations to calls as prioritized: • Emergency prioritized calls will be attended at the earliest opportunity by the most available Officer. The most available Officer may be determined by response time, ability to attend based on active field investigations, and will be assisted by the Officer assigned to the area at the earliest opportunity. • Investigations of High prioritized calls will be initiated by the Officer within 12 business hours after being assigned. • Investigations of Low and Routine prioritized calls shall be initiated by the Officer as detailed in Appendix 1. 3.3.3. In addition, several factors shall be considered when determining appropriate timelines for an initial response and complete processing of any complaints up to, and including, either voluntary or court authorized compliance. An Officer's ability to process any complaint efficiently and effectively is greatly impacted by issues and factors beyond their individual control. Examples of such impediments are: • Threats to public safety (which always take priority over other complaints) • Court preparation and appearance • Ticket review session attendance • Special case folders (i.e. taxi, mobile signs, etc.) • Administration and updating of current by-laws (i.e. research and drafting of new by-laws) • Municipal events (i.e. Canada Day, Ribfest, Food Truck Frenzy, Municipal Elections, etc.) • Review and administration of license and permit applications (i.e. mobile signs, taxi drivers, etc.) 7 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations • Responding to calls for actions from other departments and agencies • Coordinating with contractors for private property clean up or repairs • Holidays and vacation • Illness • Staff vacancies • Weather • Provincial Orders 4. Investigations 4.1 All investigations shall follow the appropriate Policy and Procedures to ensure consistency. 4.2 Once assigned a file (either by oneself, by others, or based on patrol areas), the Officer shall undertake an investigation to better understand the situation. All investigations shall be initiated based on the priority system identified above, and in accordance with Service Levels set out in Appendix 1. 4.3 For by-law matters which have a high frustration level or emotional component for complainants (e.g. noise, dog incident), the Officer shall contact the complainant to acknowledge the complaint and discuss the matter before initiating any action. 4.4 An Officer shall maintain contact with a complainant and any other person attached to the file, where they have requested a follow-up, to keep them apprised of the investigation as it progresses and of the outcome. Information will only be disclosed in accordance with the Enforcement Policy, Municipal privacy legislation, and any other applicable requirements. 4.5 At the beginning of an Officer's shift, the Officer shall determine their file duty list. The status of priorities will be reassessed throughout the day, as new incidents may arise. The Clerk II will assess priorities as calls are received, dispatching the higher priority concerns through communication with Officers by way of telephone, text, or email — depending on the call situation. 4.6 The Officer's notebook shall be maintained and kept up to date with detailed notes and observations, while consistently updating the file notes . • - Departmental Procedure Title: P01-004Roles, Protocols, and Expectations in the OTS Database to reflect the Officer's current notebook. The notes entered into the current LDO system do not have to be verbatim of what an Officer has recorded in their notebook, but rather can be overview or synopsis of same. Maintaining current records in the OTS will allow the Clerk II and other Officers to address a caller's concerns when a complainant or other interested party are following up on the status of their complaint/occurrence file. 5. Outcomes 5.1. Closing File 5.1.1. Upon conclusion of an investigation, the Officer shall: • Close the file if compliance has been met, • Close file if no violation observed, • Close if the complaint is deemed frivolous or vexatious • Issue a warning/educate, • Issue an ORDER, • Register an Order on Title, or • Lay a charge 5.1.2. As well, the Officer shall contact the complainant and any other person attached to the file, where they have requested a follow-up, to advise of the investigation outcome. 5.2. Frivolous and Vexatious 5.2.1. Upon being assigned a file, the Officer shall review the origin and context of the complaint to determine if the complaint is frivolous, malicious or vexatious in nature. 5.2.2. In determining if a complaint is frivolous, malicious or vexatious, the officer will consider the factors enumerated in Appendix 6. 5.2.3. Where the Officer believes the complaint to be frivolous, vexatious or malicious, the Officer shall discuss their findings with the Manager of Municipal Law Enforcement. 9 1 P a g e Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 5.2.4. If the Officer, in exercising their discretion, ultimately deems a complaint to be frivolous, malicious or vexatious in nature, the file shall be closed, the reasons for their decision are documented, and the complainant shall be advised the status. No further action will be taken on the file. 5.2.5. Notwithstanding section 5.2.4, if a file was previously closed based on the determination that it was frivolous vexatious or malicious, it does not mean that a file could not be opened in the future where there is sufficient reason to do so, or the situation has changed. 5.3. Issue a Warning/Educating 5.3.1. A warning may be used in many circumstances, and it is important to record all relevant information including the reason for issuing a warning. All details relating to the investigation including parties involved, and the location and type of complaint shall be recorded in OTS and the Officer's notebook. Issuing a warning will be used at the Officer's discretion, with the desired result of achieving compliance and to promote an understanding of Municipal by-laws. A warning may include verbal discussion, a door response card or a letter issued outlining the infraction. 5.4. Issue an Order 5.4.1. Orders will be issued if compliance is not obtained through education, in instance of repeat offences, or if there is an immediate concern for public safety or the public interest. An Order to Restrain (OTR) will be issued as per Policy P14-004 or its' replacement, while Orders to Comply may be issued when an investigation has determined there is contravention of a Municipal By -Law. 5.4.2. Orders will identify the particulars of the contravention, the location (property), the remedial work necessary, and the required date for compliance. A reasonable time frame appropriate for the circumstances will be provided to the subject/property owner for completion of any necessary work. (Note: reasonable time frame shall be determined on a case -by -case basis taking into consideration the severity of the situation, health and safety, impact to area residents, cost and ability to complete the work.) The Officer shall follow up with a re -inspection within one week of the compliance date as stated in the Order, any unforeseen circumstances will be communicated with staff to co-ordinate a timely re - inspection. 101 Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 5.4.3. Orders shall be posted in a conspicuous place for all properties. If a property is vacant the Order shall be sent by registered mail to the last know address as provided in Vailtech, if any discrepancies are found utilizing other means the address shall be confirmed with Municipal taxation staff. 5.4.4. Property Standards Orders and significant remedial work orders shall in addition to being posted, sent registered mail. 5.5. Lay a Charge 5.5.1. Where the Officer has determined that an offence has been committed, the Officer may lay a charge under the appropriate by-law. 5.6. Part I Provincial Offence Notice 5.6.1. A Part I Provincial Offence Notice (Part 1) (i.e. ticket) is a quick and easy process for laying a charge. The Part I must be completed by the Officer and personally served on the person who committed the offence. (Note, it may be served by Officer other than charging Officer.) The Part I must be served within 30 days of the offence date. A Part I may only be issued where there is an approved short form wording for the offence. 5.6.2. The Officer shall complete the front of the Certificate of Offence as per the sample in Appendix 3. A Certificate of Offence is a 5-part form and the copies are distributed as follows: • Copy 1 - Filed with POA office with -in 7 days of service (Certificate of Offence) • Copy 2 - Issued to Accused (Green Copy, Offence Notice) • Copy 3 — Filed in MILE Office (Computer Input Copy) • Copy 4 - Filed in MILE Office (Enforcement Agent Copy) • Copy 5 - Payment Notice Issued to Accused 11 1 Page Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 5.6.3. When completing the Total Fine payable, the Officer shall include any Victim Fine Surcharge as determined by the Provincial Offences Act, O.Reg 161/100 and add the applicable Court Cost as determined by R.R.O. 1990, Regulation 945, pursuant to the Provincial Offences Act. 5.6.4. The Officer shall complete the Certificate Control List. This form, along with the Certificate of Offence shall be delivered to the Intake Court in Whitby within seven days from the Provincial Offence Notice being issued. 5.7. Part I Provincial Offence Summons 5.7.1. A Part I Provincial Offence Summons is an easy method to get a matter of a less serious nature, and for which there is no set fine, before the courts. A Summons (located at the back of a ticket book) is to be removed and placed behind the Certificate of Offence. The Certificate of Offence is completed down to the certification area. The applicable court date is entered. The Summons copy is removed, and the corresponding offence number is recorded in the top right corner. The officer signs the Summons and serves it on the defendant. In the certification area of the Offence Notice, the Officer strikes out "Offence Notice/Avis d'infraction," initials this change and prints "Summons/Assignation." The officer then signs the certification area. The Offence Notice can be discarded. 5.7.2. The Officer shall complete the Certificate Control List. This form, along with the Certificate of Offence shall be delivered to the Intake Court in Whitby within seven days from the Provincial Offence Summons being issued. 5.8. Part II Parking Infraction Notice 5.8.1. Only a Municipal Law Enforcement Officer (MLEO I or II), or a police officer, appointed by the Municipality pursuant to subsection 15(1) of the Police Services Act, may issue a Parking Infraction Notice (PIN). 121 Page Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 5.8.2. Where it is determined that a vehicle is parked or stopped in contravention of the Municipal or Regional Parking and Traffic By-laws, the Officer may issue a PIN either by means of a handheld electronic PIN or by using a manual PIN book. 5.8.3. To issue the PIN, the Officer must enter the relevant information into the handheld ticket writer. The Officer shall enter the date, time, location, the alpha numeric licence plate of the vehicle, Province of issue and validation information. Description of the offence may be chosen from a drop -down menu. Once completed the Infraction Notice is placed on the vehicle in a conspicuous place such as under the driver's windshield wiper or served personally on the operator of the vehicle. 5.8.4. If the Officer is using a manual ticket, they shall follow a similar procedure. All the information is entered on the manual PIN. Time is to be recorded in the manner pre-printed on the ticket i.e. `a.m./p.m.' or `hours.' Location of the vehicle may include the side of the street the vehicle is on and the closest address point. 5.8.5. At the end of the shift any manual PINs issued during the officer's shift shall be provided to the Clerk II to be entered into the Command Centre tracking system. The issuing Officer is responsible for uploading the photos to Command Center. 5.9. Part III Information / Summons 5.9.1. A Part III Information / Summons shall be sought for infractions that are serious enough in nature (public safety) or do not have set fines attached to infraction, or as a tool to address repeat offences as a means to escalate the penalties. 5.9.2. Once all information has been collected, and the Officer has reasonable grounds to pursue a charge through a Part III, information on all forms will be completed. The Officer responsible for pursuing the charge will review and consult with Crown/Municipal Prosecutor (i.e. person appointed to act as Counsel for the matter) to ensure wording and dates are appropriate, the Manager of Municipal Law Enforcement may be consulted as needed. In instances where an Officer had laid a similar charge in the past, and that wording had been approved by the Crown/Municipal Prosecutor, the officer may use that wording. 131 Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 5.9.3. A Short Form Information shall be used for single counts. A Long Form Information shall be used for multiple counts. Each accused person shall be listed in a separate Information unless so directed by Crown/Municipal Prosecutor. 5.9.4. Summons and Informations will be sworn/affirmed by Justice of the Peace at the Provincial Offences Court located at 605 Rossland Road East, Whitby. It is common practice for Justices of the Peace to only sign one summons. The officer must make a copy of that summons. Once an officer has the two copies of the summons, one shall be served by delivering it personally to the person to whom it is directed, or if that person cannot be conveniently found, by leaving it for the person at the person's last known address with a person who appears to be at least sixteen years of age. Service shall be made as soon as practicable and before the court appearance; preferably no later than one week before the court date. Once served, proof of service shall be sworn or affirmed on the second copy of the summons, by a Commissioner of Oaths, by the Officer who made the service. This copy shall be retained with the Officer's file. 5.9.5. When a charge has been sworn, the officer shall notify the MLE Clerk II of the following information for tracking purposes: file number, defendant name, court date, and status i.e. first appearance. 6. Prosecution Briefs/ Case History 6.1. Overview 6.1.1. Briefs/Case History will be completed by the Officer, prior to any court appearances but after the Part III Informations have been sworn/affirmed before, and signed by, a Justice of the Peace. Charges will be discussed with the Manager of Municipal Law Enforcement prior to commencement of a brief. 6.1.2. The Officer shall prepare and present a Case History to the prosecutor. The Case History is simple and very adaptive to any situation or charge. 6.1.3. The Case History is a user created document (see Appendix 4 for example/guide) which provides all the material necessary for the Crown/Municipal Prosecutor to prepare for and prosecute a case in court. The Case History is easily modified for use in any court situation and is 141 Page Departmental Procedure Title: P01-004Roles, Protocols, and Expectations provided as an alternative to the more traditionally and rigidly structured "Confidential Instructions to the Crown". Note: The Case History may be provided by the Prosecutor to the Defendant as part of Disclosure, so it is important that it is clear and complete. 7. Court 7.1. Preparation 7.1.1. It is the Officer's responsibility to ensure that they are prepared for upcoming Court matters, have any and all exhibits readily available, and notify witnesses sufficiently in advance to ensure their attendance. 7.1.2. All Officers attending court will ensure appearance is kept professional. 7.1.3. Prior to attending Court, Officers will update the Crown/Prosecutor with any relevant information pertaining to the case. It is good practice to meet with the Crown/Prosecutor prior to the set court time on the date of trial. This opportunity can be used to keep the Crown/Prosecutor informed and allow him/her to clarify any relevant information. Ensure enough time to arrive in court well in advance of the tier time. 7.1.4. Professionalism and demeanor both inside and outside of the court room speaks to the credibility of an Officer. Therefore, Officers must act with the highest level of professionalism within Court Buildings. Cell phones shall be turned off. Chewing of gum and discussing any issues relating to the case, outside of discussions with Prosecutor, is not permitted. 7.1.5. If approached by the media inquiring about a case, information shall not be shared. It is important to remember any comment replied to may end up being printed. The most appropriate response to Media inquiries regarding court matters is "Currently the matter is before the Courts to decide on the information put forth. If you wish to discuss the matter further, please contact [appropriate Manager]". Refrain from using "I have no comment" or "well off the record..." the image that will be portrayed will not reflect well on the Officer's professionalism. 7.1.6. Regardless of the outcome of the court case, the Officer shall maintain a professional image and deportment. 151 Page Departmental Procedure Title: P01-004Roles, Protocols, and Expectations 7.2. Records 7.2.1. As electronic enforcement records are part of the usual and ordinary course of business within the Municipal Law Enforcement Division, enforcement records shall be maintained in electronic format and within an approved electronic business system where possible. Enforcement records, regardless of format shall be disposed of in a manner that meets statutory and policy obligations in accordance with the Municipal Records Retention By -Law. 161 Page Departmental Procedure Title: P14-004Investigations and Outcomes Appendix 1 MLE Service Levels By-law Subtype Initial Response' Complete Resolution' Animals - Exotic General 3 Business Days 30 Days Animals - Kennel General 3 Business Days 30 Days Animals — Responsible Pet Owners Emergency, Unsafe Conditions (includes dog bites) 1 Business Days 3 days Animals — Responsible Pet Owners General (outside of emergency) 3 Business Days 30 Days 1 Initial Response time relates to the first site visit, inspection, or client contact. In many cases, the initial response occurs sooner than the established service level. z The Complete Resolution period includes both the Officer's time to execute their duties on the file as well as the remedy period granted to the property owner. 17 Departmental Procedure Title: P14-004Investigations and Outcomes By-law Subtype Initial Response' Complete Resolution' Apartments -In-house General 3 Business Days 3 Months Boulevard General 3 days 4 Weeks Boulevard Site Obstruction 1 Business Day 1 Week Clean and Clear Debris, Grass and Weeds 3 Business Days 4 Weeks Clean and Clear West Nile (i.e. stagnant water) 2 Business Days 1 Week Discharge of Firearms General 3 Business Days 1 Week Drainage General 1 Week 3 Months Fence and Site Triangle Emergency, Unsafe Situation, including Pool Enclosure 1 Business Day 1 Business Day Fence and Site Triangle Exceed Height Restrictions 3 Business Days 4 Months 181 Page Departmental Procedure Title: P14-004Investigations and Outcomes By-law Subtype Initial Response' Complete Resolution' Fence and Site Triangle Pool Enclosure, non- emergency, non- compliance 3 Business Days 2 Months Fence and Site Triangle Site Obstruction 1 Business Day 4 Months Firearms - Replica General (e.g. Sales) 3 Business Days 1 Week Fireworks After the fact (at the time is dealt with by Fire Services) 1 Week 1 Week Fortification General 1 Week 3 Months Graffiti General 3 Business Days 1 Month Idling General 1 Business Day 1 Week License — Auctioneer Operate Contrary to Regulations 1 Week 4 Weeks License - Peddlers Operate Contrary to Regulations 1 Week 4 Weeks 191 Page Departmental Procedure Title: P14-004Investigations and Outcomes By-law Subtype Initial Response' Complete Resolution' License — Refreshment Operate Contrary to 3 Business Days 4 Weeks Vehicles Regulations License — Special Events Operate Contrary to 1 Business Day 4 Weeks Regulations License — Vehicles for Hire Operate Contrary to 1 Week 4 Weeks Regulations Littering General 2 Business Days 5 Business Days Noise General 3 Business Days 3 Months Nuisance General 3 Business Days 3 Months Open Air Burning After the fact 1 Week 1 Week (at the time is dealt with by Fire Services unless we have an officer available in which case it would be deemed an Emergency Priority) 201 Page Departmental Procedure Title: P14-004Investigations and Outcomes By-law Subtype Initial Response' Complete Resolution' Parks General 3 Business Days 1 week Property Standards Emergency, Unsafe Conditions — No Heat, open well, unfenced pool 1 Business Day 1 Business Day Property Standards Emergency, Unsafe Conditions — Outside of No Heat 1 Business Day 1 Month Property Standards Outside of Unsafe Conditions 3 Business Days 4 Months Road Occupancy Illegal 1 Business Day Sign Illegal 1 Weeks 3 Months Sign Site Obstruction 1 Business Day 1 Month Site Alteration General 2 Business Days 4 Months Skateboards General 1 Business Day 1 Business Day Snow & Ice Removal General 1 Business Day 3 Business Days 211 Page Departmental Procedure Title: P14-004Investigations and Outcomes By-law Subtype Initial Response' Complete Resolution' Traffic Parking General 3 Business Day 1 Business Day Traffic Parking Overnight, weekend, school zone 1 week 1 Week Traffic Unauthorized Parking (Private property) 2 Weeks 1 Month Trees Clear -cutting lots 1 Business Day 2 weeks Trees Dangerous limbs 1 Business Day 1 Business Day Waste Materials General 2 Business Days 5 Business Days Zoning Illegal Use 5 Business Days 4 Months NOTE: Fireworks and Open Air Burning were not included, as this is enforced by the Emergency and Fire Services Department. 221 Page Departmental Procedure Title: P14-004Investigations and Outcomes Appendix 2 MLEO File Assignment Guidelines MLEO I MLEO II Traffic Bylaw, Meter maintenance Property Standards Responsible Pet Owner Zoning Clean and Clear, Boulevard Responsible Pet Owners (Municipal Law Enforcement Officers hired after to March 2015) Site Alteration (Stop Work Orders) Tree By-law, Woodlot Management Minor Zoning (Parking Space, Trailers) Clean and Clear, Boulevard Parks By-law Site Alteration (Investigation, Remediation) Noise Vehicle- For- Hire, Refreshment Vehicle etc. Kennel and Exotic Animal By law Noise Apartment -in -House Page 23 of 30 Departmental Procedure Title: P14-004 Investigations and Outcomes Served To Defendant 1051601 B �rr2860-- 01 IV- Offorwe Notier i Aws ewracriva 9116m and =qne, 9mmilel YA1 w Wd? %*AN" Za 2= W. —T 01qA-1. 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PMMISEwd A mm W Mr CI4Fr{I J--WW Page 24 of 30 Departmental Procedure Title: P14-004Investigations and Outcomes Served to Defendant L L7. y .4 `n N r a' a a F E F �$ U -F I CD C'4 C Y P.2 ❑ H �_ o Vo V Gis c r Q A a Appendix 3 Continued ..4 251 Page Departmental Procedure Title: P14-004Investigations and Outcomes Appendix 4 Case History Template Defendant Subject Property Offence Date Charge Investigating Officer File # Synopsis: For use by Prosecutor; to provide a brief, concise overview of the charge with sufficient information so that, in the event of a guilty plea, the Crown/Prosecutor has a quick reference document of the facts in issue to give the Court to support conviction. It also allows for an easy reference for the Crown/Prosecutor to prioritize cases for Court. Exhibits: A list of all exhibits intended to be presented; providing a simple checklist to ensure that nothing has been missed. The following are documents/exhibits which may be included but this is not an exhaustive list. • Copy of Officers Notes • Copy of LDO File • Witness Statements • Orders Issued • Information/Summons • Photos, signed dated by photographer (digital copy included if applicable) • Statement of Municipal Clerk (License History) • Certified By -Law • If Applicable certified copy of Assessment Roll (Current Tax Year) Page 26 of 30 Departmental Procedure Title: P14-004Investigations and Outcomes Witnesses: A list of all Witnesses, which the Municipality intends to call upon to testify, in the order in which it is anticipated they will be called. Usually the Investigating Officer is the last to be called. Witness Statements: Presented in the first person. The evidence of witnesses may be taken from actual statements or created from what the person will reasonably be anticipated to say. For example, information on name, address relationship to the offence can be drawn from the officer's investigation without a specific statement. Penalty Recommendation: This is separate form but is attached to the Case History. The officer provides their recommendation based on circumstances particular to this case, previous dealings with the Defendant, compliance or lack thereof (Penalty recommendation shall be identified as CONFIDENTIAL and to the attention of the Prosecutor). 271 Page Email Complaints to be contacted within 1 business day and clarify information. If issue is not a by-law related issue, provide i nformati on/re sou rce s to person about by-law limiatations, and re -direct accordingly. MLEO I Primarily Parking Complaints, but aligned with the following: * Boulevard * Noise {incl. animals *Lot Maintenance * Animal Related * Snow Removal * Minor Zoning * Animal Handling * Signs Complaint Received Email = Phone On receipt of complaint, complainantwill be provided with officer name and file number Close File I Close File (Compliance) (NoViolation) Assigned Priority by Clerk In Person Emergency Immediate/ASAP Attention Required by Officer Clerk will coordinate assignment of files with high complaint areas (parking/noise etc.) Investigations to be initiated based on priority system identified above. High Investigation initiated by Officer within 12 Business Hours Issue Warning E Issue order 0 Lay Charge Low Investigation initiated by Officer within 72 Hours of Being Assianed AA I Fn 11 Primarily Property Standardsand Zoning complaints, but also: * Licensing * Noise * Signs * Boulevard * Fencing * Lot Maintenance * Snow Clearing * Animal Related Corn p I a i nt to b e Followed up with Routine Investigation initiated by Officer within 48 Hours of Being Assigned - Patrolled as Necessary Departmental Procedure Title: P14-004 Investigations and Outcomes Appendix 6 Frivolous, Vexatious, or Malicious Complaints — Factors to Consider Injury, Health, Security, Business protection, land use protection Vicinity of complainant, effect to others outside of complainant, surrounding area and standards Immediate impact to Municipal Infrastructure Ongoing or repetitive escalation of complaints between residents Upon being assigned a file, the Officer shall consider the origin and context of the complaint and shall consider the following factors in exercising their discretion in determining if the complaint is valid or if it may be frivolous, vexatious or malicious in nature. Is the complainant of the reported violation(s) adversely and/or directly affected by the by-law violation; 2. Does the complainant of the reported violation reside or own property within The Municipality of Clarington; 3. Does the reported violation compromise or otherwise negatively affect the health, safety or security of person of the citizens of the Municipality of Clarington; 4. Does the reported violation compromise or otherwise have a negative effect on a commercial entity or protected land use; 5. Is the reported violation consistent with the community standard for tolerance; 6. Does the reported violation have an immediate impact on Municipal Infrastructure? 7. Has there a history to the reported violation or with the complainant and the property owner? If yes, is this an escalation of that history? Departmental Procedure Title: P14-004Investigations and Outcomes Appendix 7 MLEO Uniform Purpose The Municipal Law Enforcement Division is a visible symbol and reflection of the Municipality of Clarington. As such it is necessary that a professional image is presented to the public at all times. Uniforms are issued to each officer for this purpose, as well as for the purpose of the safety and effectiveness of MLEOs Nothing shall be worn or carried on duty unless issued or approved by the Manager of Municipal Law Enforcement. The following are items to be worn at all times in the field: • CSA approved boots • Protective Body Armour (Vest) • Black Tactical Cargo Pants • Grey Short Sleeve Golf Shirt, double epauletted sleeves OR Grey Long Sleeve Shirt, double epauletted sleeves The following items are optional: • Ribbed V neck Sweater, double epauletted sleeves • Dickie (weather appropriate) • Coat, double epauletted sleeves The following items shall be carried at all times: • Officer Notebook • Part I ticket book • Set Fines Booklet • Parking Ticket Printer/ Manual Parking Tickets • Mobile Phone • Municipally issued camera (mobile phone camera acceptable) for collection of evidence related strictly to infractions of Municipal Bylaws. • Traffic Vest, to be worn working on roadways and in heavy traffic areas such as school enforcement 0 Other items as directed