News Columnists / Tom Brodbeck
http://www.winnipegsun.com/news/columnists/tom_brodbeck/2010/09/30/15541766.html

Let’s see the contract
Citizens need to know photo radar details

By TOM BRODBECK, Winnipeg Sun

Last Updated: September 30, 2010 9:51pm

The Winnipeg Police Service is refusing to make public the contract between the city and the private company that runs Winnipeg’s photo enforcement program.

The group WiseUp Winnipeg requested a copy in August of the contract between ACS and the city through Manitoba’s freedom- of-information legislation. But WPS brass has refused to release any part of the agreement, claiming doing so could harm the company’s competitive position.

And Mayor Sam Katz says he’s powerless to do anything about it, claiming he doesn’t get involved in individual access-to-information cases.

“That’s kind of where it stops,” said Katz. “There’s nothing I can do about it.”

The best Katz says he could do is ask his senior officials to explain why the public is being denied access to the contract.

Mayoral candidate Judy Wasylycia-Leis said there’s no reason why the contract can’t be made public, even if it means meeting the legal requirement of blacking out certain proprietary information.

“It’s another example of a lack of transparency and openness that’s rampant at city hall,” said Wasylycia-Leis.

“They could have simply severed the information that was proprietary.”

In its refusal letter, the WPS said there are “portions of the contract” containing technical information about the company’s operations that are “explicitly confidential.”

Fine, then black out those portions of the contract and make the rest public. In the world of government access laws, that’s called “severing.”

If there’s a record sought by the public under the Freedom of Information and Protection of Privacy Act that contains some information that meets the act’s exemptions, it doesn’t mean the public body in question has a right to refuse disclosure of the entire document.

WiseUp Winnipeg member Todd Dube doesn’t believe Katz and the city are interested in being open and accountable to the public on this issue.

His group believes there is information in the contract that would expose how the program is geared more towards maximizing revenues than promoting safety.

“We believe that the contract includes language related to amber timing as well as location selection for enforcement,” said Dube. “How dare the city take the position that this contract is nobody’s business.”

WPS Staff Sgt. Mark Hodgson said the ACS contract contains no language “that speaks to the city’s ability to change or alternate amber sequences.”

Great. Then let’s see the contract so we can read it for ourselves.

Contract law is a funny thing. The contract could, for example, stipulate certain requirements are “based on a four-second amber” without stating explicitly that amber times can’t be changed.

So if it’s all the same to police brass, we’d prefer to read the contract ourselves.

Not only to examine it for language on amber lights, but also to get more specifics on how ACS gets paid and what input or control they may have over camera location, ticket review and speed threshold.

There are 33 cameras rotated around 51 intersections right now. Who decides where they go and what criteria are used?

I’d like to see that and all other terms in writing.

If photo enforcement is truly about safety and not about money, let’s see the contract, Sam.

Don’t hide behind the lawyers. You’re the mayor. Your job is to serve the people, not the lawyers and ACS officials.

For more, visit Brodbeck’s blog Raise a Little at winnipegsun.com. Reach Tom by e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
 

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