ottawa police service chief’s complaint investigations insp. t. youngson-larochelle and s/sgt. m....
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Ottawa Police Service Chief’s Complaint InvestigationsInsp. T. Youngson-Larochelle and S/Sgt. M. Marin
Professional Standards Section (PSS) MANDATE
• Complaint investigations• SIU• OIPRD• McNeil disclosure to Crown Attorneys• Voluntary Alternative Dispute Resolution Program
(VADRP) • Expense / Damage Claims resulting from police action.• Recommendations for policy revisions, enhanced
training, communication to members on critical issues.
PHILOSOPHY
OPS encourages the highest standards of professional policing by investigating complaints, determining appropriate resolutions, analyzing trends and responding to current issues.
CHIEF’S COMPLAINTS• When a member of the OPS becomes aware of
an incident that raises concerns about the conduct or behaviour of a member that impacts the work environment or delivery of service the matter is referred to PSS.
• PSS does the preliminary review of the issue and requests a Chief’s complaint investigation be commenced to thoroughly investigate the incident when it is appropriate.
• Chief’s complaint investigations are commenced only with the approval of the Chief.
OBJECTIVES
• To meet the obligations of the PSA
• To hold officers accountable for their actions, while encouraging development and better performance.
• To deal consistently and fairly with complaint investigations and discipline.
• To utilize the expertise of a multidisciplinary team in responding to matters of misconduct.
CHIEF’S COMPLAINT REPORTING:
• Chief’s complaint investigations are reported through the Office of the Chief Directorate to the Chief of Police.
• Appropriate information is provided to the participants in such a complaint investigation.
• Statistics are reported to the Police Services Board along with Public complaints on a quarterly and annual basis.
CHIEF’S COMPLAINTS FLOW CHART
TYPES OF COMPLAINTS
TYPE OF COMPLAINT
2007 2008 2009 2010 2011
Public Complaints 247 237 155 272 218
Chief’s Complaints 235 290 255 199 187
TOTALS 482 527 410 471 405
CHIEF’S COMPLAINT DISPOSITIONS
INVESTIGATIONS• PSS reports to the Executive Officer in the Office of the
Chief Directorate.• Through the PSS Inspector, the PSS investigator and
Staff Sergeant (case manager) work collaboratively with the members’ chain of command, Human Resource specialists and Legal with expertise of the assigned prosecutor to develop a comprehensive response.
INVESTIGATIONS (cont’d)
As per the Police Services Act there is a six month limitation to lay a notice of hearing to compel an officer to attend a hearing for a formal discipline process unless an extension is granted by Police Services Board.
CODE OF CONDUCT (PSA)• Discreditable conduct• Insubordination• Neglect of duty• Deceit• Breach of confidence• Corrupt practice• Unlawful or unnecessary exercise of
authority/force• Damage to clothing or equipment
INFORMAL RESOLUTION FOR CHIEF’S COMPLAINTS
• Complaints can be resolved informally with the police officer’s consent with respect to the resolution.
• Can utilize any reasonable resolution the Chief may feel appropriate if agreed upon by the officer.
INFORMAL RESOLUTION (cont’d)
• May occur at any time before, during or at the conclusion of the investigation into misconduct if deemed not of a serious nature.
• Records are retained in PSS but are removed from the officer’s discipline record after a period of two clear years.
DISCIPLINE PROCESS• For matters of a serious nature, or where the officer
does not consent to proposed informal discipline, an open Hearing will be held.
• The Service has the onus to prove an allegation on clear & convincing evidence.
• Parties: Service (Prosecutor), Subject Officer, Officer’s Representation and complainant and representation.
DISCIPLINARY HEARING• The Hearing Officer presides over the
proceedings and at its conclusion provides a written decision with respect to a finding of guilty or not guilty.
• Officer is not compellable to provide evidence at the hearing.
HEARING PENALTIES
Penalties sought are consistent with
case law and will be balanced with the need for general or specific deterrence .
Powers at the conclusion of hearing:• Dismiss the police officer or direct to resign• Demote the officer, specifying the manner and
period of the demotion• Suspend without pay up to 30 days • Forfeit up to 20 days
Questions ?