Ottawa Police Service
Chief’s Complaint Investigations
Insp. 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 ?