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On Monday of last week, the Ontario Court of Appeal quashed a 1978 OPC report that was critical of Brown‘s management of the force and led to his dismissal. With the report quashed, any legal growu. s for Brown‘s dismissal wer« reâ€" moved. A public meeting wi‘l’l(& held on Oct. 14 to discuss hMs salary and Brown will be in( court five days later in a civil suit against the commission for abou ,000 in back pay, benefits and damâ€" In light of last week‘s court ruling, the province has the options of appealing that decision to the Supreme Court or calling another OPC inquiry, His executive assistant, John Rowsome, failed to return reâ€" peated calls by the Chronicle for comment on the case. Rowsome spoke with Brown on Monday when the former chief â€" or chiefâ€"inâ€"limbo, as some may It decided last week to defer any decision on Brown, fired in Jan. of 1979 as chief of the region‘s police force, ‘"pending further input‘" from Solicitorâ€" General Roy McMurtry and the Though technically still the chief however, the commission has refused to immediately put Brown back on the payroll or on Brown was put back on the payroll in Sept. of 1979, after a Divisional Court ruling ordered him reinstated, but taken off again in Oct. of last year. But there has been no word yet from the Solicitorâ€"General‘s ofâ€" fice to the local police commisâ€" sion as to what McMurtry will do, if anything. Shuan MacGrath, chairman of the Ontario Police Commission, says he hopes the Waterioo reâ€" gion police commission can come up with a solution to the Syd Brown affair without relying too heavily on the province or the OPC for resolution of the matâ€" ter. In a phone interview this mornâ€" ing, MacGrath said the OPC will still be reviewing the case and making some official comment soon. But the provincial chairâ€" man said ‘‘my personal opinion is that from where I sit, I see it at the moment as a local matter. It‘s up to the local board (to decide what to do)." However, while MacGrath may want the Waterloo region police commission to solve its own problems, the commission has effectively thrown the ball in the province‘s court. Brown baill back in local court? OPC chairman says commission must solve its own dilemma BY PHIL JALSEVAC Brown says he should know. As the former head of the Police Association of Ontario and the Metro Toronto Police Associaâ€" tion, he says he helped advise the government about 10 years ago in drafting sections of the Police Act, including the one he is now citing. Since the court has removed any legal grounds for his disâ€" missal and he feels he should be returned to duty in the absence of any charges, Brown says "what am I doing sitting here at home?" He said that, at the least, the intent of the legislation is meant to protect him and other officers in similar situations. That section, he said, was designed so that police commisâ€" sions ‘"‘couldn‘t leave a man at home forever while they decided what to do." "If they say it (the section) doesn‘t apply, they better come up with some good reason." Chris Jones, chairman of the local commission, told the Chronâ€" icle yesterday, "we don‘t really feel that we could charge Mr. ‘own. We‘re not suggesting that e has committed that kind of offence (against the codes)." %ther, Jones said, Brown was ‘fineffective" as chief. { Brown, himself, won‘t buy the arguments. ‘"‘The whole thing is just a circus," he said in an interview. However, since Brown isn‘t suspected of any offence, it doesn‘t apply to him, MacGrath said. The qualification to the proviâ€" sion is that it applies in the case where an officer, when suspendâ€" ed, is suspected of an offerice against either the criminal or police codes. The act states that an officer must be returned to duty within 48 hours of being suspended if not charged with an offence. Ironically, it is because Brown isn‘t considered guilty of any offence that MacGrath says the section doesn‘t apply. OPC chairman MacGrath did venture an opinion on the section of the act that Brown has cited as the reason for his immediate return to duty, saying ‘‘it does not apply in this instance.‘"‘ deliver a letter to McMurtry, asking that he intercede to get the police commission to return him to duty. Brown claims that he is unlawâ€" fully suspended from duty withâ€" out pay and is asking McMurtry to enforce provisions of the Poâ€" lice Act. Regional council has given its blessing to public use of two nonâ€" fluoridated water sources in response to a request from memâ€" bers of the Waterloo Safe Water Society. Residents of Waterâ€" loo who don‘t want to use tapwater with fluoride added can now draw water from either the Shantz well at Beaâ€" vercreek a n d Bearinger Road or the Greenbrook pumping station in Kitchener. Safe Water Society spokesman Herbert Riedel said he isn‘t Fluorideâ€"free water sources approved â€" Mayor Marjorie Carroll cracks the whip for the Waterioo team yesterday in a bed race against the city of Kitchener to help Federated Appeal kick off its 1982 fundâ€"raising drive. Joining her were Bob Beninger (center) of Federated Appeal, Alderman Jim Erb (far right), and television reporter Johnny Walters, who‘s doing the pushing. Association president Valerie Nicholls said Carter was ‘"most coâ€"operative‘"‘ when they met, and doesn‘t foresee any problems when Dickee Dee returns next year. If conflicts do occur, Nicholls will contact Carter immediâ€" ately. Carter attended the community associaâ€" tion‘s recent meeting where he agreed to restrict his icecream peddlers to the hours of 1: 30â€"4: 30 p.m. and 6: 30 to dusk in Lincoln Vilâ€" lage. With the dingâ€"aâ€"lingâ€"ling of Dickie Dee Icecream vendors gone for the winter, residents of Lincoln Village Community Association must wait until spring to see if a recent agreement with local Dickie Dee manager Patrick Carter is a sound one. Dickie Dee reprieved MAYOR CRACKS THE WHIP concerned the Shantz well has a reading of .6 parts per million (ppm) natural fluoride because unlike the cityâ€"injected hydroâ€" fluosilicic acid, the natâ€" ural stuff binds with calcium â€" rendering it safe for consumption. But since visiting the pump house, which has a sign warning of a PCB storage area, Rieâ€" del said he‘s less cerâ€" tain how safe the water is. Riedel is also conâ€" cerned the water sources are too far from the core area of the city for some peoâ€" WA TERLOO CHRONICLE, WEDNESDAY, SEPTEMBER 30, 1981 â€" PAGE 3 ple to reach. According to region water supply coâ€"ordinâ€" ator John Michalofsky, the Shantz well water is safe, but may have some discoloration and odor because of a high iron content. The PCBs are used in the station‘s electrical system said Michaâ€" lofsky, and there is no chance they will get into the water. He said the sign is a standard precaution to warn firemen to wear masks in case of a fire. The region approved use of the two water sources during last Relations between the two groups cooled last July when the association‘s monthly newsletter proposed a petition to ban Dickee Dee from the area. But before the petition got off the ground Carter met with residents to smooth matters over. Going into the meeting, Nicholls said both the residents and Carter had misconceptions over the problem. ‘‘We thought he was trying to annoy us,"â€"said Nicholls, ‘"and he thought we were out to get him."‘ Newsletter editor Jane Wahl suggested the petition to solve such problems as noise, traffic hazards, and whining kids generated by the icecream vendors. Now Nicholls says the entire issue ‘"was Thursday‘s meeting, after a recommendaâ€" tion moved by the engiâ€" neering committee and seconded by Mayor Marjorie Carroll was passed unanimously. Additional improveâ€" ments will be made if there is a strong deâ€" mand for use of the faâ€" cilities. Included in the recâ€" ommendation was a commitment to put down gravel at the Shantz well to improve parking, and to raise the water pipe off the ground for a combined cost of about $200.