A DEMOCRATIC POLICE BOARD

VOTE DELTA NON-PARTISAN ASSOCIATION

  'A POLICE BOARD IS ONLY AS GOOD AS THE PUBLIC IT SERVES'

Dan Tate Delta NPA Secretary

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TABLE OF CONTENTS

HIGHLIGHT EXTRACTS 

Police Firings

Public Outcry

A Solution

A. Delta Optimist 28 June - "Police Fire Three Top Officers"
B. Delta Optimist 02 July - "Firings Come Under Fire"
C. "The Police Board Must be Accountable to the Public...."
D. An Apathetic Public - "Nobody has Requested Them"
E. Optimist's "Delta Page" - Absence of Police Board Announcements

F. Delta NPA Short Term Goal - Real Public Police Board Meetings

   1. A Board 'of, by and for the People'

   2. All Public Police Board Meetings in "Delta Page"

   3.  A Delta NPA Observer at Every Public Police Board Meeting

      a. Mayor Johnson's Letter of Defence & Rebuttal
      b. Public Police Board Minutes - March
      c. Public Police Board Minutes - April, May & June
      d. Need for an NPA Observer - 'Have Recorder Will Report'

G. Long Term Goal - A 'District Senate' Confirms the Police Board

   1. A United States Constitution for Delta
   2. Powers & Limitations of a Delta Constitution

   3. Confirming the Police Board via 'District Senate' Hearings

      a. Current Police Board Appointments
      b. Board Appointments via Municipal Republicanism
 

APPENDICES

1. Police Chief's Secretary Hanson & Dan Tate - 07 February 1997
2. Delta "Committees" & Number of Meetings from "Delta Page"

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HIGHLIGHT EXTRACTS

Police Firings

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"Police fire three top officers" [last Wednesday] reported the 28 June Delta Optimist. All were inspectors who were told their jobs had been eliminated due to restructuring. The Optimist reported, "Former deputy chief Bud Clark ... is angry about the firings".

"He said the three inspector and their families are devastated. 'Its unprecedented in the province in the 30 years I've been kicking around,' he said. Sylvia Clark [wife of Clark] said the officers were called to a meeting at municipal hall at 4 p.m."

"'That's when they were told to turn in their badges. They weren't allowed to go back into the police station to get their personal belongings,' she said." *** 'The citizens of Delta have been cheated by a ruthless, senseless act....' said Clark."
 

Public Outcry

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"'We don't want the political interference,' said Berekoff.... 'The way these officers were treated shows a callous and unacceptable treatment....' the letter states. 'The police board must be accountable to the public, not ... political forces....'"

Malcolm Ashford said: "The ... firings ... is yet another example of Delta council's lack of foresight, vision and ... planning. At a time when crime is a major concern in the Lower Mainland, this council downsizes our police department.... *** This council is out of touch with ... [reality] and is leaderless .... The scary part is we have two more years ... before we can put some visionaries into council...."
 

A Solution

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'Resolved that the NPA appoint an observer[s] to attend each and every public Police Board meeting. The observer[s] will take notes and file reports with the NPA Board. The reports will be reviewed by the NPA Board & then issued as press releases to the Optimist.'

'Resolved that the tape recording of public municipal council and committee meetings is every Good Citizen's constitutional right. The qualification is that equipment not be intrusive. That is, laptop recorders cannot be banned from public meetings - period.'

'Resolved that the NPA stand for its laptop recorder equipped observer. All attempts by officials to block the recording of public Police Board meetings will be publicly exposed. After all, why would any official with nothing to hide object to such tapes?'
 

 

2. A DEMOCRATIC POLICE BOARD - VOTE DELTA NON-PARTISAN ASSOCIATION

Dan Tate, Delta NPA Secretary

DELTA_NPA'TAT_R2{11JY97                                      TAT_R2.WP
 

A. Delta Optimist 28 June - "Police Fire Three Top Officers"

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 "Police fire three top officers" [last Wednesday] reported the 28 June Delta Optimist. All were inspectors who were told their jobs had been eliminated due to restructuring. The Optimist reported, "Former deputy chief Bud Clark ... is angry about the firings".

"He said the three inspector and their families are devastated. 'Its unprecedented in the province in the 30 years I've been kicking around,' he said. Sylvia Clark [wife of Clark] said the officers were called to a meeting at municipal hall at 4 p.m."

"'That's when they were told to turn in their badges. They weren't allowed to go back into the police station to get their personal belongings,' she said." *** 'The citizens of Delta have been cheated by a ruthless, senseless act....' said Clark."

"'These officers were dismissed without cause...'." Apparently, the firings were engineered by the Delta Police Board along with Delta Council. "'The firings were fully supported by the Delta police board and Delta Council', said [police chief] Cessford."
 

B. Delta Optimist 02 July - "Firings Come Under Fire"

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"Firings come under fire" was the headline in the next [02 July] issue of the Optimist. "Two former Delta police chiefs are among those calling on the attorney general to conduct a ministerial review into the firing of three high ranking officers...."

"'My first concern is the way this was done,' said Pat Wilson.... *** 'Three very dedicated individuals ... have been terminated by the police board.' *** Wilson, retired chief George Angus .... as well as other past and present officers ... have signed a letter calling for an investigation into ... the Delta police board...."

".... Former deputy chief Harry Berekoff ... is one of those who signed. He wonders about the police board's independence. 'The police board is supposed to liaise between the municipality and police members but it doesn't seem to be acting in that respect. It appears ... a political extension of the ... council or mayor.'"

"'We don't want the political interference,' said Berekoff.... 'The way these officers were treated shows a callous and unacceptable treatment....' the letter states. 'The police board must be accountable to the public, not ... political forces....'"
 

C. "The Police Board Must be Accountable to the Public...."

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Public reaction to the firings has been generally critical. For example, prominent Delta Non-Partisan Association [Delta NPA] director Malcolm Ashford had a letter in the 09 July Optimist.

"The ... firings ... is yet another example of Delta council's lack of foresight, vision and ... planning. At a time when crime is a major concern in the Lower Mainland, this council downsizes our police department.... *** This council is out of touch with ... [reality] and is leaderless .... The scary part is we have two more years ... before we can put some visionaries into council...."

Thus, he like Berekoff, fingers Council. The Police Board "... appears to be a political extension of the Delta council...." Emphasizing an excerpt from the letter to the Attorney General, again: "The police board must be accountable to the public...."

Summarizing, the letter is necessary, however, a local public inquiry is required too. Suggestions for this inquiry are below along with ideas about how the Board can become truly democratic.
 

D. An Apathetic Public - "Nobody has Requested Them"

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Police veterans observe that "a police force is only as good as the public it serves". Naturally, 'a police board is only as good as the public it serves'. An apathetic public means an apathetic police board. A cynical public results in a cynical police board.

Appendix One is a transcript of a phone conversation this writer had with Diane Hanson, the Delta Police Chief's secretary. Below is an excerpt explaining that the police board holds regular public meetings once a month. Minutes are available to the public too.

TATE: What does the Police Board do exactly? HANSON: .... they are the governing body for the Police Department. They are separate from the Hall. *** TATE: ... and they presumably hold meetings once a month? HANSON: Approximately once a month, yes.

TATE: Are they open to the public? HANSON: The regular meetings are. TATE: So the regular once a month meeting is open to the public. HANSON: Yes. We have very limited space in our board room. Its not really set up - its not like Council Chambers.

... its just a regular board room. But it is open to the public. TATE: And are the minutes available to the public? HANSON: I believe the regular minutes would be. Nobody has requested them.

Nobody has shown enough interest in the Police Board to request and read the minutes to one of its public meetings. Public and press apathy regarding the Board is reflected in the Delta Optimist too.
 

E. Optimist's "Delta Page" - Absence of Police Board Announcements

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Almost every week the Optimist publishes a "Delta Page"; "Notices and Information from the Corporation of Delta". It shows the dates, times and locations of Council meetings and public hearings. There is also information about committee and commission meetings.

This secretary has noted committee/commission meetings from this Page since September 1995; from sixty-five "Delta Pages" total. Log records are intermittent from September 1995 through July 1996. However, after that every "Delta Page" meeting has been noted.

Appendix Two is a list of the twenty-one committees, commissions, etc. appearing in the Page. Also shown are the number of times they have met according to the log. The committee/commission that met most often was the Ladner Area Planning Committee [45 times].

The ones that met least were the Agricultural Task Force [once] and the Ladner Harbour Strategy Committee [once]. Never has a Police Board meeting been announced. As stated, the record is complete from August of last year; never during this time was it mentioned.
 

F. Delta NPA Short Term Goal - Real Public Police Board Meetings

1. A Board 'of, by and for the People'

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The lack of interest in Board minutes and absence of Board announcements from Delta Page indicate an apathetic public & press. Yet, Ashford noted that "... crime is a major concern in the Lower Mainland...." Clearly, there is an apparent contradiction here.

TATE: What does the Police Board do exactly? HANSON: .... they are the governing body for the Police Department. Given the general public's concern about crime everywhere there should be extreme interest in every police board right across the country.

The lack of interest no doubt derives from people's belief that 'the system' is beyond them. "There is nothing I can do about it!" is a commonly heard cry. Ashford is well aware of this malaise, calling for "visionaries" who will energize local Delta democracy.

This can happen via the Delta NPA - leading a public inquiry into Police Board proceedings. Then, an NPA sweep of Council in the 1999 elections will ensure a Board "of, by and for the people".
 

2. All Public Police Board Meetings in "Delta Page"

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First for NPA 'visionaries'in the energization of democracy is ensuring that the Optimist 'religiously' announce public Police Board meetings. Thus, a press release is needed; example below.

'The Delta NPA requests that the Optimist announce public Police Board meetings in "Delta Page". Announcements should occur on Saturdays before meetings; same format as for other "committees".'

'Failure of the Optimist to act on this request means the NPA will contact the Police Board's secretary once a month. The date, time and location of the upcoming meeting will be requested. Then, this information will be forwarded to the Optimist as a press release.'
 

3. A Delta NPA Observer at Every Public Police Board Meeting

   a. Mayor Johnson's Letter of Defence & Rebuttal

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Mayor Johnson is chair of the Police Board and defended its position in a 12 July Optimist letter; extract below. "The police board was faced with this reality ... In order to meet the wishes of our community to provide ... effective police .... bluntly:"

"We had a choice between reducing management ... or potentially losing frontline ... constables and our community ... stations.  After an extended period of discussion and evaluation, the ... conclusion was reached that this would be ... best...."

"*** The theme of much of what has been written has been that ... we treated these men callously. I must strongly disagree.... *** The handling of the layoffs was as humane as it could be within ... legal requirements. They layoffs were done in a manner consistent with standard, accepted practice in the corporate world."

Clearly, the Mayor is writing nonsense. Sylvia Clark said "... the officers were called to a meeting at ... at 4 p.m." 'That's when they were told to turn in their badges. They weren't allowed to go back into the police station to get their personal belongings...'."

The officers were not allowed to retrieve their coats & photos of wives, etc. from their desks. This is NOT - NEVER HAS BEEN & NEVER WILL BE - "accepted practice in the [legitimate] corporate world".

Evidently in the Mayor's facist fantasies there are certain "legal requirements". However, there are no legitimate Canadian laws that stop a man from retrieving his wife's photo after a sudden layoff. Lawyers can say nothing. This is about common law; basic courtesy.

The Mayor wrote about "the wishes of our community" and about "...an extended period of discussion and evaluation...." Thus, she implied that the Board had public discussions with community input about reducing police costs because of "shrinking bottom lines".

The Police Board holds public meetings monthly. During four months leading up to the firings it met in March and April. The minutes obtained from the Hall for the two meetings show no such talks.
 

   b. Public Police Board Minutes - March

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The 13 March minutes show there were eleven present; five board members, three policemen, a reporter and two journalist students. There was nobody either alone or representing a civic organization that made any presentation about "the wishes of our community".

The "Correspondence" and "Reports" sections show no public input from anyone or group about how to downsize because of budget cuts. Nowhere is there any mention of discussion/evaluation about how to cut costs by either laying off management or frontline constables.

The only statement in the minutes that comes close is: "Delta Police Budget Presentation to Council". Inspector Harden, one of the men fired, was present. There were two statements about him.

"February 13 letter to ... the Attorney General from Inspector Harden regarding reimbursement for cellblock renovations February 18 memo ... from ... Harden ... school dances - overtime"
 

   c. Public Police Board Minutes - April, May & June

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The 17 April minutes again show eleven present. This time, the only 'outsider' was a reporter. Thus, there was no person or civic group that made any presentation about how to cut the budget.

There was only one statement about it. "Motion - THAT the April 10 memo from Chief Cessford to the ... Board regarding the Provisional Budget be received." There are only two other statements that relate to the Mayor's so called "extended period of discussion...".

"March 21 letter ... requesting funding assistance for Indo-Canadian Community Police Station *** April 2 letter ... re Budget Considerations in Respect to Community Police Stations"

Inspector Harden was present again. He gave a report - but not about how to downsize. "Motion ... the ... report by ... Harden pertaining to the Victim/Witness contract be received. Motion ... we continue with the ... contract as outlined by ... Harden."

There was no public "... extended period of discussion and evaluation...." during May and June. The 25 May meeting was cancelled. Further, "the ... conclusion was reached" to fire the three one day before the 26 June Thursday public Board meeting.
 

   d. Need for an NPA Observer - 'Have Recorder Will Report'

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Summarizing, the Mayor's talk about extended discussions may have occured - behind closed doors. Certainly, Inspector Harden was not involved in any public discussions according to the public minutes.

Neither were the other two men fired. Perhaps "the wishes of our community" were being presented by local groups and individuals secretly 'in camera'. Of course, this is nonsense. The statement "the wishes of our community" automatically assumes public talks.

As stated, the Delta NPA needs to lead an inquiry into Police Board proceedings. There must be real public talks about the Police Department's morale. This is after its top leaders are purged by the Mayor and cronies - persons unknown - from behind closed doors.

'Resolved that the NPA appoint an observer[s] to attend each and every public Police Board meeting. The observer[s] will take notes and file reports with the NPA Board. The reports will be reviewed by the NPA Board & then issued as press releases to the Optimist.'

This is one motion that the NPA Board might adopt. An even more important one pertains to the tape recording of public meetings. This writer has talked to many people about this. All, except a few bureaucratic miscreants, agree recording is a common law right.

'Resolved that the tape recording of public municipal council and committee meetings is every Good Citizen's constitutional right. The qualification is that equipment not be intrusive. That is, laptop recorders cannot be banned from public meetings - period.'

The rationale is that accurate minutes & reports cannot be written by ordinary citizens without recordings for reference. Further, disputes about the veracity of minutes/reports can only be settled with recordings - or via verbatim transcripts prepared from tapes.

'Resolved that the NPA stand for its laptop recorder equipped observer. All attempts by officials to block the recording of public Police Board meetings will be publicly exposed. After all, why would any official with nothing to hide object to such tapes?'
 

G. Long Term Goal - A 'District Senate' Confirms the Police Board

1. A United States Style Constitution for Delta

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The lack of interest in Police Board minutes & Delta Page omissions indicate public malaise. The short term solution is for citizens to record Board meetings. Then, reports prepared from tapes are presented to all. However, there must be a long term solution too.

A manufacturer-designer claimed that when an engineering problem seems unsolvable a good idea is a return to the start. The designer goes back to the first plan searching for new insights.

This can be done not only with manufacturing but with society itself. Starting over, democracy emerged via the CITY-STATE. Thus, the idea is a return to city-states via constitutional law.

Now, all powers not invested in the federal government are for states. This is a basic feature of the United States constitution. The original plan suggests a simple change. All powers not invested in federal and state levels are for municipal governments.

Thus, city-states re-emerge as contemporary cities/towns/districts; the U.S. Constitution applied locally. Small wonder Ashford called for 'visionaries'. They really are needed to lead Delta, to lead Canada, into an era of expanded district rights/responsibilities.

The main reason for republicanism is the separation of powers into three coequal branches; executive, legislative and judicial. Such governments are the most resistant to the treacheries of tyrants.

Here, the mayor, chief executive officer, is like the President. His/her elections are separate from those for the legislative branch. A scenario is Delta Council divided into 'Upper & Lower'.

The Upper Council or DISTRICT SENATE would be one elected by all Delta citizens. The Lower Council, equivalent of the House of Representatives, might be elected by Delta home & business owners.
 

2. Powers & Limitations of a Delta Constitution

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Expanded municipal powers would mostly be about landfill imports and zoning bylaws. For example, Delta could prohibit Vancouver from dumping trash in Burns Bog. It could prohibit any city, etc., perhaps even the state, from depositing any other materials too.

This way, the local environment can be preserved. Local customs can be preserved via zoning bylaws. For example, a municipality might want to keep its single family homes and prohibit apartments.

The legislature would write/pass bylaws; the Mayor with the right of veto just as in the United States. These bylaws should be of interest to every police board across Canada & the United States.

Many believe crime is best prevented with good child rearing techniques - optimized via single family homes. Here, childrens' social environments can be carefully controlled. This is unlike multi-family complexes which encourage communal living for kids.

Another reason to encourage single family homes is that apartment complexes make good hideouts. Here, the criminally minded can come and go in cars via underground parking lots. They are never seen, let alone identified, by neighbors as they ply their evil trades.

Certainly they need to be forced out of hiding. An extreme scenario is the abolition of all apartments except for seniors and students. Then, these hoods will be forced to live in "homesites"; neighbors, etc. easily identifying them - as they mow their lawns.
 

3. Confirming the Police Board via 'District Senate' Hearings

   a. Current Police Board Appointments

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Following is another verbatim extract of the 07 February conversation this writer had with secretary Hanson. It is about how citizens are appointed to the police board. Clearly, the process is too secretive - even the secretary is in the dark.

TATE: .... One of our [Reform BC] members expressed an interest in being appointed to the Police Board. So he would just put his name in or he would have to have references or?

HANSON: Now that is a good question. I'm not clear on how that happens. It might be a good idea to speak with the Mayor because she is the chair. And I believe the names come forth through her for the Council appointee. The other [three] are through the Lieutenant Governor. And I'm not sure who you would contact there. ***

TATE: Well, you wouldn't make a public announcement that the Council is looking for someone to sit on the Police Board...?

HANSON: I don't believe so. I am not aware of how that is handled. I've never seen anything in writing. It just seems to occur - ha, ha. I'm not too clear on that.
 

   b. Board Appointments via Municipal Republicanism
                                                                               

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Following is an excerpt about the U.S. Constitution from "The Lincoln Library of Essential Information". It describes one aspect of the power balance between executive and legislative branches.

"To the Senate is given the power of ratifying nominations of the president to public office. The Constitution ... mentions judges of the supreme court and "ambassadors, other public ministers and consuls" for appointment "with the advice & consent of the Senate".

This is how members of the Police Board would be appointed. "I'm not clear on how that happens. *** I've never seen anything in writing. It just seems to occur - ha, ha." All this vague talk would be eliminated; the Mayor alone nominating all candidates.

He/she would even issue a press release. Then, the District Senate would hold hearings - televised via cablevision. Every Board nominee would be questioned just like nominees to important United States government positions are questioned by the American Senate.

Certainly, this is the way to stimulate interest in local affairs. After all, the current malaise is largely due to local tyranny as in: "It just seems to occur...." Everyone will take an interest in such an open process; everyone with a comment about real democracy.
 

APPENDIX ONE

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POLICE CHIEF SECRETARY DIANE HANSON & DAN TATE

PHONE CONVERSATION VERBATIM EXTRACT - 07 FEBRUARY 1997

***

TATE: I wonder how many people are on the [Police] Board?
HANSON: There is just five.
TATE: ... and how often are they appointed?
HANSON: Okay, they are staggered as far as their appointments. And their terms of office are generally one to three years. And they can renew so their maximum time that they can serve is six years. The chair of the Police Board is always the Mayor. And then we have four other members. Three are appointed by the Lieutenant Governor and the fourth one is a Council appointee....

TATE: What does the Police Board do exactly?
HANSON: .... they are the governing body for the Police Department. They are separate from the Hall.
***
TATE: ... and they presumably hold meetings once a month?
HANSON: Approximately once a month, yes.

TATE: Are they open to the public?
HANSON: The regular meetings are.
TATE: So the regular once a month meeting is open to the public.

HANSON: Yes. We have very limited space in our board room. Its not really set up - its not like Council Chambers. You know, its just a regular board room. But it is open to the public.

TATE: And are the minutes available to the public?
HANSON: I believe the regular minutes would be. Nobody has requested them.

TATE: Yes, I keep track of [the Optimist's] "Delta Page" and I see there is various committees meeting but I have never seen an announcement for the Police Board. Is there a reason for that?

HANSON: No. Not that I am aware of. I don't know who decides. Maybe because we're a separate building and I would assume the same with the Fire Department. That maybe there is nothing there because of that? I'm not too sure.

TATE: ... so if I wanted to look at a copy of the minutes for the last regular meeting I would come into the Police Department?

HANSON: Yes. Once the minutes are prepared. We usually do have a copy that's posted down in our Report Room. And if it doesn't happen to be there because it sometimes gets missing - people take it to read and forget to return it - you would just ask for me and if the minutes had been prepared then they are available. Yes.

TATE: And last question. One of our members expressed an interest in being appointed to the Police Board. So he would just put his name in or he would have to have references or?

HANSON: Now that is a good question. I'm not clear on how that happens. It might be a good idea to speak with the Mayor because she is the chair. And I believe the names come forth through her for the Council appointee. The other [three] are through the Lieutenant Governor. And I'm not sure who you would contact there.  ***

TATE: So there is five members. The chairman is the Mayor. And then there would be three appointees through the Lieutenant Governor and one appointee through the Council.

HANSON: ... and that just happens to be with our Department. ....
TATE: Well, you wouldn't make a public announcement that the Council is looking for someone to sit on the Police Board...?

HANSON: I don't believe so. I am not aware of how that is handled. I've never seen anything in writing. It just seems to occur - ha, ha. I'm not too clear on that.
TATE: So you said they were staggered for one to two years?

HANSON: .... The length of time is usually decided by the Lieutenant Governor. And the maximum time they can serve is six years. They usually have an expiry date on a term.... Whether its one year, two years, three years. And any time after that it goes back to the Lieutenant Governor's office.  ***

TATE: Right. And what about the Council appointed members? That's not determined by the Lieutenant Governor?

HANSON: I think its approved through the Lieutenant Governor. We've just had one renewed and it was the Council appointee.... And I just received a call from Victoria with regards to that. So it must still have to be funnelled through them for approval.   ***
 

APPENDIX TWO

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DELTA "COMMITTEES" & NUMBER OF MEETINGS FROM "DELTA PAGE"

September 1995 - July 1997

Appendix Two is a list of the twenty-one committees, commissions, etc. appearing in the Optimist's "Delta Page". Also shown are the number of times they have met. The committee/commission that met most often was the Ladner Area Planning Committee [45 times].

The ones that met least were the Agricultural Task Force [once] and the Ladner Harbour Strategy Committee [once]. Never has a Police Board meeting been announced. As stated, the record is complete from August of last year; never during this time was it mentioned.

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"COMMITTEE" COMMITTEE/COMMISSION NAME NUMBER OF

NUMBER MEETINGS

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1. Advisory Design Panel 4

2. Agricultural Task Force 1

3. Board of Variance 14

4. Boundary Bay Airport Commission 13

5. Community Services Advisory Committee 13

6. Council Youth Committee 14

7. Delta Advisory Planning Commission 28

8. Delta Heritage Advisory Commission 18

9. Delta Treaty Advisory Committee 13

10. Development Review Committee 27

11. Emergency Planning Committee 3

12. Environmental Advisory Committee 27

13. Family Court Committee 16

14. Grants Committee 10

15. Hunting Committee 3

16. Ladner Area Planning Committee 45

17. Ladner Harbour Strategy Committee 1

18. Lower Mainland Treaty Advisory Committee 18

19. North Delta Health Community Committee 5

20. Parks & Recreation Commission 14

21. Traffic & Safety Committee 12

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