MOD11_AMPS.pptx

Administrative (Monetary) Penalty System Municipal Law Enforcement Officers’ Association (Ontario) mleoa.ca  AMPS Administrative (Monetary) Penalty System -both names in use m...

Administrative (Monetary) Penalty System Municipal Law Enforcement Officers’ Association (Ontario) mleoa.ca  AMPS Administrative (Monetary) Penalty System -both names in use mleoa.ca AMPS: The breakdown Administrative: managed by a municipality Monetary: primary method of penalty, other penalties can exist Penalty: used to discourage certain conduct; an imposed settlement System: a consistent and repeating process or method mleoa.ca  WHY ARE WE HERE? Learn what is behind the scenes in a hearing? What is a Screening Officer? What is a Hearing Officer? What is being sought in a hearing? Where does an Enforcement Officer fit? mleoa.ca AMPS: A Quick Orientation A type of prompt tribunal allowing for direct interaction and resolution with the citizen involved. A method designed to replace court appearances, delays, staff and financial demands Established in the Municipal Act, Ontario Regulation 333/07, Statutory Powers Procedures Act, and Municipal By-laws mleoa.ca  AMPS: The start Tribunals have existed for years. AMPS Hearings are a type of Tribunal Provincial Courts were seen as slow, demanding repeated OIC attendance Municipalities dissatisfied with Court demands, delays, poor penalty levels, lack of attention, and $ split Municipal Act authorizes Councils to make decisions within their own jurisdiction, set and apply by-laws, establish violations, process appeals, delegate specific authority to Town tribunals, appeal committees, and Hearing Officers on a selective basis mleoa.ca  AMPS: Direct Contact Speeds processing of community infractions Increases direct interaction between municipality and community Establishes 2 levels of infraction objection and appeal or settlement review for community members Screening Officer (Assigned Staff) Hearing Officer (Independent in-person hearing) mleoa.ca  MUNICIPAL ACT ADMINISTRATIVE PENALTY REFERENCES S. 23.2, 23.3, 23.5: Authorizes Council to delegate administrative and hearing powers. Establishes appointment of Hearing Officer. S. 102.1 and O.R. 333/07: Authorizes the requirement for a person to pay an administrative penalty for any parking by-law, defines method S. 151(1)(g): Authorizes the Municipality to require a person to pay an administrative penalty for failing to comply with a licencing system S. 391: Authorizes the passing of By-laws to impose fees S. 434.1: Authorizes the requirement of a person to pay an administrative penalty upon failure to comply with a Bylaw other than Parking mleoa.ca  Ontario Regulation 333/07 Establishes the use of AMPS for Parking States no more use of POA Pt. 2 or parking Lays out AMPS process, used as the map for other by-laws Only regulation in existence for AMPS mleoa.ca  TERMS YOU WILL HEAR Penalty Notice= A document informing a citizen that they have violated a by-law or other municipal contravention - NO POA TICKETS Hearing = A tribunal to decide the fate of a Penalty Notice, based upon evidence Screening Officer= A staff member assigned to decide or negotiate an early Penalty Notice settlement with a citizen- has limited and specific authority mleoa.ca  MORE TERMS Citizen = The recipient of an issued Penalty Notice. A hearing attendee or appellant Appellant = The applicant citizen who is challenging the issued Penalty Notice by requesting a Hearing. A Hearing attendee. Can use a representative if authorized. Statutory Powers Procedures Act, the governing statute relating to the powers and authority of the Hearing Officer, and the process of a hearing and accepting evidence mleoa.ca  AMPS: A By-Law Creation Requires specific municipal by-laws: to establish AMPS process in municipality to place active by-laws within AMPS (e.g. parking, property standards, dangerous dogs, licencing, entertainment, health, etc.) to authorize the use of Screening Meetings, Hearings and Hearing Officers and how to appoint/replace mleoa.ca  WHAT IS A SCREENING OFFICER? A staff member assigned to meet with citizens who have received a penalty notice Holds a discussion to hear citizen’s objection or request, not a Hearing Ensures disclosure received by citizen Can only Confirm, Confirm and Reduce Penalty, Cancel Authority by employment assignment only mleoa.ca  HEARING OFFICER An independent decision making party appointed by Council to hold hearings, and review evidence regarding the issuance of a Penalty Notice. Can also hold a specialized hearing. Created by the Municipal Act, local By-laws, governed by SPPA and Council bylaws A formal quasi-judicial Tribunal Chair recognized as such by the Courts of Ontario mleoa.ca  Hearing Officer: The Necessary Qualities Must know the rules of evidence, hearing protocols, natural justice, fair justice, by-law interpretation, decision making and fair penalty, elements of an offence, Have strong interview skills, have rapid note taking techniques, be able to manage those present in a hearing, Have patience, and be able to clearly articulate instructions at all times, be able to manage people in a close setting mleoa.ca  AMPS: OIC Basics Provincial Offences Officers Only = OIC  Issues Penalty Notices  No longer attends Provincial Court unless a Pt 3 or called  Attends AMPS Hearings when scheduled  Gives evidence solo, no Prosecutor!  Officer responsible to present all evidence – must understand the rules of evidence  Can cross examine appellant mleoa.ca  AMPS: Two Levels of Appeal Citizens have two methods to appeal a Penalty Notice Level One: Meet with a Screening Officer (an assigned staff member) for a brief review. Citizen not required to accept a settlement offer. Not considered a Hearing. Level Two: A final and binding appeal hearing with a Hearing Officer who decides the final outcome. Not bound by Screening meeting offer. mleoa.ca  WHAT IS A SCREENING MEETING? A meeting between a citizen and a Screening Officer An exchange of information, not a hearing Disclosure given to citizen Screening Officer makes a decision to Confirm, Confirm and Reduce Penalty, Cancel. Citizen can either accept or request a hearing-then they become an appellant. mleoa.ca  WHAT IS A HEARING? A quasi-judicial review of a City/Town’s evidence and the appellant’s challenges/evidence of a penalty notice Done by an independent Hearing Officer (appointed by Council) A decision at the conclusion of the Hearing or shortly thereafter by the Hearing Officer Decision Authority - Confirm; Confirm and Change Penalty; Cancel. Decision can be delayed and/or written based on complexity. No additional financial Penalties; Administrative fees may be applied as provided for in the by-law (late payment, no-show, MTO, etc) Can apply extended time for payment. Governed by the SPPA, By-laws, and the Balance of Probabilities mleoa.ca AMPS: What is a Specialized Hearing? A dedicated Hearing conducted to address a complicated or specific matter. Often involves challenging appellants, technical evidence from both parties, and angered neighbourhoods. Example: Dangerous Dogs hearings can lead to serious animal and owner restrictions and designations. Emotional appellants and witnesses participate Also, trees, noise, waste, signs mleoa.ca  AMPS: Standard of Proof Based on the Balance of Probabilities (Civil standard) Question: Is there sufficient hearing evidence/fact for the Hearing Officer to decide that it is more probable than not, that this violation took place? Yes/No The Enforcement Officer carries the burden of proof to establish the facts Always remember the 4 W’s! mleoa.ca  STANDARD OF PROOF BALANCE OF PROBABILITIES A two-stage review for the Hearing Officer 1) “Is it more probable than not that this violation occurred?” YES/NO? 2) Can the Hearing Officer give sufficient weight to the evidence in order to decide if the infraction took place? YES/NO? Yes on both = Proceed with analysis and decision Balance of Probabilities used in all Ontario Quasi-Judicial Hearings as directed by the SPPA and the applicable municipal by-laws. mleoa.ca  AMPS: Decision and Support Decisions of the Hearings Officer are final and binding! (Confirm, Confirm and Reduce penalty, Cancel) Case Law upholds, declares constitutional, indicates Ontario Appeals Court not empowered to address AMPS applications Ontario Superior Division Court or Supreme Court of Canada only Courts able to receive applications to Appeal. Very difficult to receive acceptance. mleoa.ca  AMPS: Decision & Support (cont’d) Remember: AMPS provides for an informed and inquisitive hearing vs a Court’s evidence, legal technicality, adversarial and competitive model Rules and requirements come mainly from Statutory Powers Procedures Act, Municipal By-Laws, O.R. 333/07. More flexible and “merits of matter” oriented. Actions of Hearing Officer must be reasonable and fair. Only has by-law provided penalties, NO additional power to add punitive financial penalties. mleoa.ca  Hearing Officer Guidelines Governed by Municipal Act, Ontario Regulation 333/07, Statutory Powers and Procedures Act, Town/City By-laws Created by a Motion of Council (By-Law Appointment) Formal quasi-judicial tribunal Chair (in a less formal environment) mleoa.ca  HEARING OFFICER GUIDELINES NATURAL JUSTICE “Natural justice consists of the right to an impartial decision- making authority, and to a fair hearing. Claimants receive adequate notice, be informed of the allegations against them, and have the opportunity to be heard and present their case.” Government of Canada, Citizenship (universal legal definition) mleoa.ca  HEARING OFFICER GUIDELINES FAIR JUSTICE The right to Counsel, adequate notice of the case to be met, pre-trial release of information, the ability to make submissions, evidentiary standards, and the provision of reasons for the decisions that are taken.” Canadian Medical Protective Association (universal legal definition) mleoa.ca  A Hearing Officer Authorized by SPPA and By-laws to.. Decline, accept, or apply varying weight to evidence, Accept “Hearsay”, Exclude or remove witnesses, End frivolous, vexatious, or repetitious testimony, evidence, presentation, or conduct and continue with hearing Remove the belligerent and carry on without that party Decide process, exclusively per SPPA Decide if special conditions provided for in the by-law will be applied Order that disclosure be provided mleoa.ca  AMPS HEARINGS: The environment Statutory Power Procedures Act R.S.O. 1990,c.S.22 “1(2) This Act,….shall be liberally construed to secure the just, most expeditious and cost-effective determination of every proceeding on its merits.” In other words, avoid the delays and technical challenges found in a traditional POA Court, and get on with the business at hand! Leave the traditional challenges in the courtroom. mleoa.ca  HEARING OFFICER RULES of EVIDENCE Is it reliable? (any reason to question authenticity?) Is it relevant? (does it apply to the general topic?) Is it applicable? (does it apply to specific topic?) Does it further my understanding? (am I learning more?) Do I apply weight to it? (will I allow it to influence me?) mleoa.ca  SPPA SPEAKS TO EVIDENCE: HEARSAY, IS THERE MERIT IN IT? What is admissible in evidence at a hearing ? 15 (1) Subject to sections (2) (3), a tribunal may admit as evidence at a hearing, whether or not given or proven under oath or affirmation or admissible as evidence in a court, (a) any oral testimony; and (b) any document or thing relevant to the subject-matter of the proceeding and may act upon such evidence, but the tribunal may exclude anything unduly repetitious.” mleoa.ca  EVIDENCE SOUP Uses both types of evidence (Direct and Real) Hearing Officer will orient appellant on evidence Appellants think photo is dominant (require guidance) Hearing Officer thinks testimony is dominant (looks for both as a package) mleoa.ca THIS IS YOUR OIC EVIDENCE RECIPE Combine the Hearing Officer’s rules of evidence with, the Hearing Officer’s complete authority over what is acceptable as evidence, plus, the SPPA authorities, mixed with, The rules of gathering evidence mleoa.ca  YOUR FUTURE COULD INCLUDE AMPS OR A POA COURT Remember, if you change employers, you may be in an AMPS hearing room, OR a Courtroom Both require an Officer who is professional, clear, and fair with the general public mleoa.ca  WHAT ABOUT POA? If you do AMPS for parking, you are barred from using Pt. 2 POA (Ontario Regulation 333/07 says so) Other by-laws placed into AMPS: DO NOT USE Pt 1 any longer. Avoids confusion, double issuing, why return to the prior. No more Pt 1’s for by-laws placed into AMPS. Repeated for emphasis! mleoa.ca  WHAT ABOUT POA PART 3? Part 3 still serves an important purpose Still faces POA Court management challenges Write the by-law to allow OIC to choose as an alternate If AMPS does not get the message to the citizen, write a Part 3. This allows for frequent flyers, and egregious actions to be addressed in a more formal manner. This pairing does work. Do not issue both at the same time. Simultaneous AMPS & Part 3 a no go. An abuse of power mleoa.ca  ONE LAST SURPRISE Read the next slide very carefully, and be prepared to discuss it with your Supervisor. Most OIC’s and Supervisors have no idea that this is contained in the SPPA…and it applies to you! Are you ready? mleoa.ca  SPPA PROVIDES SOMETHING SPECIAL JUST FOR YOU! S. 9(2) “Maintenance of order at hearings A tribunal may make such orders or give such directions at an oral or electronic hearing as it considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any such order or direction, the tribunal or a member thereof may call for the assistance of any peace officer to enforce the order or direction, and every peace officer so called upon shall take such action as is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.” mleoa.ca  ???????? Is there anything that does make sense? Anything need repeating or further exploration? Any outstanding questions? Last chance! mleoa.ca  NOW GO ISSUE A PENALTY NOTICE! MY THANKS TO YOU FOR JOINING ME TODAY! mleoa.ca QUESTIONS. mleoa.ca