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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE: |
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TO: |
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FROM: |
Chief of Police, Ottawa Police Service |
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SUBJECT: |
That the
Ottawa Police Services Board receive this report for information.
MANDATE
The Professional Standards Section investigates and facilitates the resolution of all complaints against the Ottawa Police Service. This mandate includes those matters arising through the statutory process set out in Part V of the Police Services Act and also includes all other conduct or policy related issues requiring investigation.
Regardless of the manner in which the complaint has arisen, the Professional Standards Section conducts each and every investigation thoroughly and fairly, having due regard to the rights of the parties and the sensitive nature of the investigation. Members of the Professional Standards Section understand that the manner in which a complaint is handled not only impacts on the complainants and members involved, but also reflects directly on the integrity of the Police Service and its position of trust within the community.
The Professional Standards Section investigates the following complaints:
· Complaints received from members of the public about the policies of the Police Service, the service provided by the Police Service and/or the conduct of a police officer(s) - Part V of the Police Services Act;
· Discharge of a Firearm - Regulation 926, Section 12;
· Unsatisfactory work performance under Part V of the Police Services Act;
· Complaints and serious discipline issues concerning non-sworn members;
· Investigations which deal with the conduct of a police officer or the policies and procedures of the police service pursuant to Section 11 of the SIU Regulation, O. Reg. 673/98;
Alongside the Professional Standards Section are Policy Development and Legal Services; the three sections work in an integrated manner, focusing on overall risk management. While the complaint process is incident driven, there is continual analysis to identify trends, patterns or policy-related issues. While a resolution of the individual complaint is important, so too is a commitment to learning and improving. Through case conferences (for personnel issues) or risk management meetings (for policy issues), processes are in place to implement positive and responsive changes to improve the delivery of service to our community.
BACKGROUND
Who polices the police? In the late 1980s and early 1990s following several high profile enquiries into the actions of police at the national, provincial and municipal level, Ontario undertook a major review of the Police Act, and replaced it with an entirely new law, the Police Services Act. The new Act completely redesigned the process for public complaints and established an elaborate new civilian oversight system. This new system created the Police Complaints Commission (PCC), the Ontario Civilian Commission on Police Services (OCCPS) and the Special Investigations Unit (SIU). Amendments to the Act in 1998 merged the functions of the PCC and OCCPS into an expanded OCCPS. Police services are still mandated to conduct the original investigation of complaints, except in cases where there is serious injury to a member of the public resulting from the actions of a police officer, in which case the matter is handled by the Special Investigations Unit.
Part V of the Police Services Act entitled “Complaints”, outlines the process for responding to all complaints made to a police service in Ontario. Within the Ottawa Police Service, the Professional Standards Section exercises authority as delegated by the Chief of Police, and administers the Ottawa Police Service complaints process. Professional Standards is charged with the responsibility of investigating and responding to complaints that arise both from members of the public and those that are internally generated, commonly referred to as Chief’s Complaints. While the mandate for Professional Standards continues to expand, its primary objective is to ensure a fair and transparent process.
· conduct of a police officer;
· policies of the police service;
· services provided by the police service;
· any or all of the above.
The same investigative steps are taken in each type of complaint, although each has a different appeal body and slightly different reporting processes.
The process is multi-faceted in respect of the procedures and those that manage the process. With respect to the process, there are three main agencies which are intricately involved, each with its own duties, jurisdiction and commitments to the public interest.
Ottawa Police Service
Professional Standards Section
Ottawa Police Services Board Ontario Civilian Commission
on Police Services
The Police Services Board performs an important role in relation to the public complaints process. Firstly, it has an overall oversight responsibility with respect to the administration of the complaints process. This means the Board must ensure the necessary resources and processes are dedicated to this work.
The second responsibility is in relation to policy and service complaints. Consistent with its statutory responsibility for policy (under section 31 of the Police Services Act), the Police Services Board has a “hands-on” role in relation to management of policy and service complaints.
The Board meets its obligations in this respect through the Complaints Committee, which meets and conducts thorough reviews of policy and service complaints. The Police Services Board is the final review body for policy and service complaints.
Professional Standards must comply with the directions from OCCPS with respect to investigations and, of course, is subject to its formal rulings on reviews and appeals. With respect to policy and services complaints, the Professional Standards Section provides the results of investigations to the Ottawa Police Services Board Complaints Committee and follows the directions that are then given by the Board.
Role of
Ontario Civilian Commission on Police Services (OCCPS)
The third arm of the complaint management triangle is the Ontario Civilian Commission on Police Services. OCCPS provides several functions with respect to province-wide civilian oversight of the entire process. In addition to hearing appeals of disciplinary actions, OCCPS is the review body for individual conduct complaints. While its functions are largely as a review body, the Commission also has broad discretion to exercise original jurisdiction where it is in the public interest to initiate an investigation. Based in Toronto, OCCPS members are civilians appointed by the Lieutenant Governor in Counsel on a full-time and part-time basis.
PROFESSIONAL
STANDARDS SECTION
The Ottawa Police Service takes great pride in the quality and integrity of the investigators, operational supervisor and support staff who work in the Professional Standards Section.
There were many changes within the Section during 2002. These included:
1. Relocation of office;
2. Expanded mandate;
3. Personnel composition and changes.
1. Relocation of Office
In the early stage of amalgamation of the Police Service in Ottawa, the newly formed Ottawa-Carleton Regional Police Service Professional Standards Section was housed in offices in the Heritage Building, in what is now City Hall. Following a review of the client practices, the Professional Standards Section moved to the Ottawa Police Service building at 474 Elgin Street.
Many positive comments have been received from the public concerning the relocation of the Section to 474 Elgin Street. Prior to the relocation, there were instances where members of the public attended the police station at 474 Elgin Street only to be told that they had to attend City Hall to file a complaint. Internally, the relocation has assisted in improving the turn around time for investigations, as members are more easily accessible for interviews, accessing the services of specialty squads, such as identification, and in facilitating meetings. This move was a positive step.
2. Expanded Mandate
In May 2002, the Professional Standards Section assumed responsibility for addressing police vehicle collisions where there may be a conduct issue related to the incident. This function is performed in conjunction with the Collision Investigation Unit and Legal Services. Employee accountability is just one aspect of a program designed to enhance officer and public safety in relation to the usage of the Ottawa Police Service fleet of vehicles.
3. Personnel Composition and Changes
The Professional Standards Section is comprised of six senior, experienced investigators and one administrative support person, who also functions as a claims analyst. The Section provides services to the public and internally in both official languages. Members of the Section come from diverse investigative fields such as spousal assault, sexual assault, major crime investigations, etc.
Professional Standards Section investigations are always sensitive, controversial and often emotional. It is imperative that investigators maintain their integrity, as well as the respect of the community and the Police Service. While excellent investigative skills are needed, it is equally important that the Professional Standards investigators have the interpersonal skills to enable them to deal with police officers and members of the public in situations that often become emotionally charged. Professional Standards Section investigators employ, on an increasing basis, the use of mediation and alternate dispute resolution mechanisms.
Mr. Vincent Westwick, Ottawa Police Service General Counsel, oversees the Professional Standards Section. He reports directly to the Chief of Police.
Staff Sergeant Richard Webber was the operational manager of the Professional Standards Section for nine years. He was recognized for his commitment and dedication to the Section by the Chief and the Police Services Board Complaints Committee on 7 January 2003. He has moved on to assume the duties of a patrol Staff Sergeant in West Division.
In December 2002 a concentrated search was conducted throughout the organization to find an appropriate replacement for Staff Sergeant Webber. As a result of the search, Staff Sergeant Gérard Sabourin was selected and, in January 2003, assumed responsibility for the day-to-day operation of the Section. He brings extensive criminal investigation experience, both as an investigator and the Staff Sergeant in charge of Major Crime. He has worked in numerous sections throughout his twenty-seven year career. His transfer confirms a serious commitment by the Ottawa Police Service to professional, contemporary and comprehensive investigations.
Sergeant Luc Gleeson was assigned to the Section in April 2002. He also brings extensive investigative experience, as well as community policing experience. He has worked in many areas of the Police Service, including Partner Assault, Hate Crime, Youth Services and Patrol Services.
As the Professional Standards Section was not at full complement in 2002, a seventh investigator position was identified through the staffing procedure process. It was an extremely busy year, as a reduced number of investigators handled an increased workload. The extra position was filled in January 2003, following the established selection process.
TRENDS 2002
The following depicts the total number of Public Complaints and Chief’s Complaints received during the years 1998 through to 2002:
1998 1999 2000 2001 2002
Public Complaints* 203 255 244 243 275
Chief’s
Complaints 37 38 46 64 117
Total 240 293 290 307 392
(*includes policy/service complaints)
With respect to Chief’s Complaints, there was an increase of fifty-three (53) investigations over and above the total for 2001. This is as a result of the Professional Standards Section assuming responsibility for addressing employee accountability with respect of police vehicle collisions.
The increase in policy and / or service complaints can be attributed to the G-series conferences. In past years, there have typically been eight (8) policy and service complaints, as opposed to twelve (12) complaints in 2002.
During 2002, investigators continued their personal contact between both complainants and police officers. This “face to face” interaction reduced the reliance on telephone, mail and e-mail contacts, increasing the trend towards personalization of the complaint process. We have again noted that the results of this face to face interaction has resulted in eighty (80) withdrawals of complaints and twenty-four (24) informal resolutions, out of two hundred and seventy-five (275) public complaints. In comparison to the 2001 statistics, this face-to-face interaction resulted in seventy-two (72) withdrawals and thirteen (13) informal resolutions of public complaints. Complaints are typically withdrawn when the Professional Standards Section investigator has an opportunity to meet and discuss the situation with the complainant.
A review of the withdrawals indicates that this trend continues. In less serious situations, complainants increasingly want the officer told about the matter but do not want formal investigations. This kind of situation often resulted in direct (non-disciplinary) supervisory involvement with the officer - a result that is entirely consistent with the recently implemented Ottawa Police Service Performance Development Program. It is important to note that the Chief has the discretion to proceed with an investigation in spite of a withdrawal, thereby ensuring that all matters are appropriately dealt with.
During 2002, the Professional Standards Section continued to focus on the resolution rather than just the investigation of police complaints, attempting to find ways to resolve problems to the satisfaction of both complainants and officers. This approach is consistent with the Police Services Act and the direction from the Ontario Civilian Commission on Police Services. Several significant cases generated a great deal of publicity, and were subject to public scrutiny, necessitating the balancing of public interest against respect for officers’ rights.
ACTIVITIES
2002
The number of collisions involving police motor vehicles is an ongoing concern to the Ottawa Police Service and to police services across Ontario. In order to address this concern the Ottawa Police Service has developed an approach which has two distinct avenues: officer accountability and collision prevention.
The Professional Standards Section will continue to deal with collisions, with the emphasis on officer accountability and measures to improve the driving skills of officers, such as mandatory remedial driver training.
The sole focus of the Collision Prevention Committee is analysis of collision data to identify causal factors for collisions and to develop solutions. The Committee has been established to bring together officers from all areas of the organization so that significant depth of expertise and experience is available.
World meetings were held in Ottawa in November 2001 (G-20 and World Bank), February 2002 (G-7) and June 2002 (aspects of G-8). Regrettably, there were significant demonstrations associated with these meetings, especially in November 2001 and June 2002. These meetings involved a high level of security as officials from around the world conducted business in Ottawa. The November 2001 meetings resulted in a number of complaints and public discussion concerning the policing of such events. The demonstrations required extensive use of resources throughout the organization, including Professional Standards Section staff, for an extended period during the conferences. Although the G-20 Conference was held in 2001, several public complaints were actually filed in 2002.
After careful consideration of each complaint, all thirteen (13) G-20 complaints were classified as policy and service complaints. The reasoning was that while individual officers were involved, the pith and substance of the complaints concerned the operations (policies and service) and not the specific conduct of the individual officer(s).
The investigative approach to G-20 complaints taken by the Professional Standards Section was to:
At the request of the complainants, the Police Services Board reviewed three (3) of the public complaint investigations conducted by the Professional Standards Section.
In addition to the processes directly related to G-20 complaints, Professional Standards, Legal Services and Policy Development were involved in thousands of hours of review and redesign in relation to the policies and approaches. Between November 2001 and June 2002, a significant amount of policy redrafting took place, with new policies and practices being introduced. These results have been separately reported to the Board. It is believed this work enhanced the G-8 security.
The G-8 Conference was held in Ottawa in June 2002. As part of preparation for the conference, the Professional Standards Section took a pro-active and preventative approach during the preparations for the Conference. The past experience learned from the G-20 Conference was applied and enhanced for the G-8 Conference. This may have attributed to the fact that only one complaint was received concerning the G-8 Conference.
During 2002, three members were charged with criminal offences. However, a careful detailed review of each case was conducted to determine if there were patterns or trends with respect to these cases about which the Police Service could develop a risk management strategy. Following the review, it was concluded that each of these cases were individual and fact sensitive to the particular case. There were no identifiable trends or patterns.
The Police Services Act provides that a chief of police can suspend a police officer. The Ottawa Police Service approach is to keep its employees working in a meaningful way even when the employee may be under investigation or facing serious discipline. Suspensions are treated very seriously and only occur after a careful assessment of the case. In 2002, one officer was suspended from duty.
The Professional Standards Section continued to work closely with the Human Resources Section (especially Health, Safety & Lifestyles) to develop appropriate new policies or procedures for issues identified in the investigations of complaints. As well, case conferences involving Human Resources are employed in various situations to ensure all appropriate resources and support are directed to our employees.
In addition to traditional investigations and their outcomes, the Professional Standards Section continued to employ two important approaches to respond to internal and external issues; Case Conferences and Risk Management Meetings. The concept of case conferences and risk management meetings has been adopted by other sections within the Police Service and is being used more by front-line supervisory staff.
Sometimes Professional Standards Section investigations identify an area within a policy of the Police Service that needs to be changed or enhanced. The Professional Standards Section will make a recommendation for the revision of a policy and will work in partnership with the Policy Development Unit and the operational unit involved in effecting this change.
Policy Net was developed by the Policy Development, Professional Standards and Legal Services Sections as an online interact computer system for Ottawa Police Service policies. In addition to being accessible to members on their desktop computers, they can use the system from their in-car laptop computers. The policies have been rewritten in a more user-friendly format. Moreover, an increasing number of policies have companion checklists that are a valuable point form presentation of policy material. The objective is that officers will access policies and checklists early on in the situation, thereby improving their confidence, enhancing service to the public and, consequently, reducing complaints.
In recognition of public interest in police conduct, and in order to expand the transparency of the formal disciplinary process, the Ottawa Police Service has developed an on-line notice of pending Police Services Act hearings. During 2002, a special page was added to the media page of the Ottawa Police Service website where notice can be obtained concerning new Police Services Act charges and the related first appearance date.
The Professional Standards Section continued its day-to-day working relationship with the Ontario Civilian Commission on Police Services. The Ontario Civilian Commission on Police Services provides assistance and case law upon request, and investigators are encouraged to speak directly with the Ontario Civilian Commission on Police Services case worker concerning difficult cases. The Ottawa Police Service continued, in 2002, to have a low rate of review and is rarely overturned on review.
The Ottawa Police Service Professional Standards Section remained an active member of the Ontario Association of Chiefs of Police Complaints Sub-Committee. This Committee presents an opportunity to meet regularly with other Ontario complaint bureaus and the Ontario Civilian Commission on Police Service to discuss and evaluate new issues, trends and problems as well as co-ordinate training and new initiatives.
On three occasions, the Professional Standards Section provided support to outside police agencies both from an investigative and process perspective.
GOALS AND OBJECTIVE FOR 2003
The following are the goals and objectives for 2003:
1. To conduct research on the “personnel early warning” system.
Strategy:
Contact outside police services presently
using a similar system. Review how the system is designed to identify conduct
issues with members. The early detection of an issue may serve the Police
Service and the member(s) well, by introducing corrective measures and training
at the appropriate time before the situation gets out of hand.
2. To enhance our ability to resolve complaints to a level of satisfaction for all parties involved.
Strategy:
With the present overview of all files, identify the particular ones that could be resolved through some alternative dispute resolution.
3. To create a “quality assurance unit”.
Strategy:
Contact outside agencies and research its implementation. This unit would fulfill a requirement under the Police Adequacy Standard and would formalize the processes now being used.
4. Review the present role of the
“Prosecutor(s)” at Police Services Act hearings.
Strategy:
There
is an increasing need for and demand on “Prosecutors”. Through transfers and
promotions, “senior officers” are often parachuted into the “Prosecutor” role
with limited to no experience or training. The Section will continue its
ongoing discussions with “Prosecutors”, and will draft a proposal to the
Executive in an attempt to improve the present system.
CONCLUSION
Through the year, Professional Standards staff have done their utmost to respond to complainants and officers in a timely and professional manner. While the principle of transparency is important, the Professional Standards Section must be respectful of the confidentiality of both officers and complainants. All staff members in the Section fully realize that their present position is critical to the positive and credible working relationship between members of the community and members of this Service. For those reasons, the Section is dedicated to the positive and professional handling of every public complaint. The overall goal of Professional Standards is to resolve the complaints in a fashion that is acceptable to the complainant and the officer(s).
Vince Bevan
Chief of Police
Attach. (4)
ATTACHMENT 1
PUBLIC COMPLAINT
PROCESS
ATTACHMENT 2
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The following chart depicts the Professional Standards Section
complaints filed during 1998,
1999, 2000, 2001 and 2002:
ATTACHMENT 3
The following chart depicts the Disposition of
Professional Standards Section Investigations conducted in 2001 and 2002:
It should be noted that, in 2002, sixteen investigations resulted in Police Services Act charges. As of the end of March 2003, nine hearings have been completed and seven cases are still pending.
ATTACHMENT 4
COMPARISON OF THE
TYPES OF COMPLAINTS
RECEIVED FOR
2000, 2001 AND 2002
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Classification of Complaints |
2000 |
2001 |
2002 |
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Excessive Force |
41 |
39 |
45 |
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Improper Conduct |
142 |
204 |
244 |
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Neglect of Duty |
79 |
45 |
86 |
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Harassment |
11 |
8 |
1 |
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Firearms Discharge |
9 |
3 |
4 |
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Policy and/or Service Complaints |
4 |
8 |
12 |
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Complaints about Policy and/or |
4 |
0 |
0 |
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Service and Conduct |
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Totals |
290 |
307 |
392 |
