THUNDER BAY — A civilian police oversight body believes an emergency continues to exist within the Thunder Bay Police Services Board, and an administrator appointed last year will remain in place until at least 2024, though the board will regain voting powers as of July 1.
The Ontario Civilian Police Commission issued an order on Thursday extending the appointment of Malcolm Mercer as administrator of the Thunder Bay Police Services Board until March 31, 2024.
Prior to the extension, Mercer's appointment was set to expire at the end of the month.
“The decision was based upon a review of the Original Order, the October 14, 2022 Order, the report of Mr. Mercer dated August 18, 2022, and the report of the Independent Expert Panel that led the OCPC to believe that an emergency continues to exist in the TBPSB oversight of the TBPS,” a statement issued by the OCPC reads.
Mercer consulted with the board last month to seek input on the possible extension of his appointment, said board secretary John Hannam.
“Generally, the board’s view was they appreciated his presence and his ongoing work and support as we begin to get up and moving forward," he said.
Hannam called that approach typical of Mercer's stewardship.
"Personally, I’ve enjoyed working with Mr. Mercer. He brings a depth of experience that’s proven to be of value," he said. "If anyone was worried about him unilaterally making decisions, I would say that’s certainly not the case. Yes, he has the only vote, but he's sought the views of everybody concerned before he makes decisions."
Coun. Shelby Ch'ng, a city appointee to the board, echoed those comments, saying the extension of Mercer's appointment didn’t come as a surprise, and will help the new board appropriately transition into power.
“I’m not really concerned at all – in fact, I think it’s a good thing,” she said. “I’m the longest-running member, and I barely have a year.”
“We absolutely need to exercise patience. I understand community members might be a little suspicious of somebody from Toronto coming to dictate to us ‘how to do the policing.’ We have a lot of experience around the board… it’s just making sure that team is prepared, well versed in the issues, and understands what our role is and isn’t – because I think that might be where we got in trouble before.”
Mercer was initially appointed as administrator in April 2022 for a six-month term. That term was extended by an additional six months in October 2022.
Sean Weir, chair of the Ontario Civilian Police Commission, said at the time the original order was made that an emergency exists in the police services board and it is not able to work effectively as a board.
The role of the administrator, according to an OCPC spokesperson in April 2022, is to “restore proper governance, to ensure that the TBPSB is providing sufficient oversight of police services in Thunder Bay, and to re-establish public confidence in the TBPSB and Thunder Bay Police Service's ability to deliver adequate and effective policing services in the community.”
Following Mercer’s appointment, the majority of members on the police services board resigned.
Last month, two new members were officially sworn in, fulfilling one of two provincial appointments and a municipal appointment.
“Mr. Mercer will remain in his position as Administrator to oversee the orderly transition to new leadership on the TBPSB and TBPS and to ensure good governance at both the TBPSB and TBPS level,” the OCPC statement reads.
“Mr. Mercer should soon be in a position to transition to an observer role to ensure progress is being made on implementing the recommendations that were made as a result of the investigation into the TBPSB led by Senator Murray Sinclair.”
Board members were to undergo governance, cultural awareness, and accountability training sessions this month and in early April.
None of the board members have any voting rights while the administrator is in place.
According to the OCPC order, Mercer's sole voting power will end as of July 1, when other board members will regain their voting authority.
From that point on, he will serve as a voting member of the board until it fills its vacant fifth seat, and will serve in an advisory role to the board and police chief.
The announcement of a new chief is expected "fairly soon," said Hannam, who added he could not yet provide further details.
The OCPC order notes that after July 1, Mercer will continue to report to the OCPC's executive chair. He will be able to recommend altering the terms of the order at any time, as well as changes to the board's composition, "including the power to suspend any or all of its members."
This is the second time the board has been under the supervision of an administrator appointed by the OCPC.
The first administrator, Thomas Lockwood, sat on the board for two years from December 2018 to June 2020.
Note: This article has been updated with comment from board secretary John Hannam and Coun. Shelby Ch'ng.
