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 ?