REPORT

RAPPORT

 

DATE:

 

21 June 2004

TO:

 

Executive Director, Ottawa Police Services Board

FROM:

 

Chief of Police, Ottawa Police Service

SUBJECT:

PROFESSIONAL STANDARDS SECTION – 2003 ANNUAL REPORT

 

 

RECOMMENDATION

 

That the Ottawa Police Services Board receive this report for information.

 

 

MANDATE

 

Legislation dealing with complaints and the operation of Professional Standards Section has not changed significantly since the major changes which occurred in 1998.  However, the Professional Standards Section continues to expand its scope, incorporating a risk management approach where possible.

 

The Professional Standards Section investigates and facilitates the resolution of all complaints involving 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.

 

The Professional Standards Section conducts each and every investigation in a thorough and fair manner, having due regard to the rights of the parties and the often sensitive nature of the investigation.  Members of the Professional Standards Section recognize 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 discipline issues concerning civilian 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;

·              The circumstances of police motor vehicle collisions;

·              Requests by other police services to investigate internal matters relative to their service;

·              Any other internal matter that may arise and require investigation.

                                 

Professional Standards Section is co-located, and works closely, with Policy Development Section 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.  In this way, the Police Service strives to achieve a positive outcome for the involved officers, the community and the Service at large. While the resolution of individual complaints 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.  It is often the case that policy enhancements flow from the investigative process.

 

BACKGROUND

 

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 which arise both from members of the public and those which 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. 

 

Investigations of public complaints continue to be completed in the first instance by the police service that is the subject of the complaint.  This is set out in the Police Services Act and continues to be controversial.  However, it is noteworthy that there are significant checks and balances within the legislation that trigger the involvement of the Ontario Civilian Commission on Police Services and in the case of complaints of policy and service, the Police Services Board.

 

In addition to the ability of those bodies to review the final decision made by the police service, there are several points within the conduct complaint process where the Ontario Civilian Commission on Police Services can intervene.  For example, the Ontario Civilian Commission on Police Services can review decisions made by the police service in relation to:

 

·        the classification of the complaint;

·        whether the complaint exceeds the time limits;

·        whether the complaint is frivolous or vexatious;

·        whether the complaint is of a serious nature;

·        whether the complaint is a third party complaint.

 

Correspondingly, the Police Services Board has broad discretion to review complaints about the policy or the service of the police service.

 

The following chart outlines the different types of complaints that are investigated by Professional Standards Section.

 

TYPES OF COMPLAINTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


During 2003, there were several changes to the Police Services Act.  The Government Efficiency Act 2002, S.O. 2002, c. 18. amended the Police Services Act in several areas impacting the Professional Standards Section.  In that regard, amendments were made to section 57 of the Act with respect to parties who may make a public complaint.  Changes were also made in cases of certain appeals and with respect to Police Services Act Hearings.  As a result, judges or former judges may now conduct such hearings.  Finally, previous versions of the Police Services Act legislated confidentiality for those engaged in the administration of Part V.  This provision has been returned to the Act.

 

The Attorney General of Ontario has now announced that the Province is considering changes to the complaints process.  In the past, when the Government has undertaken a review of the Act, extensive consultation took place within the community and amongst police agencies.  The Ontario Association of Chiefs of Police Complaints Committee, of which the Ottawa Police is a member, is currently studying Part V in anticipation of an opportunity to participate in the legislative change process.  At this point, however, there are no specific proposals available from Government.

 

MANAGEMENT OF COMPLAINTS IN ONTARIO

 

Under the Police Services Act, complaints are classified into separate categories:

 

·              conduct of a police officer;

·              policies of the police service;

·              services provided by the police service;

·              any or all of the above.

 

The following chart outlines the process steps for types of public complaints.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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.  There are three main agencies that are intricately involved, each with its own duties, jurisdiction and commitments to the public interest.

Oval: PROFESSIONAL STANDARDS SECTION
 

 

 

 

 

 


                                               

 

Oval: OTTAWA POLICE SERVICES BOARD Oval: ONTARIO CIVILIAN COMMISSION ON POLICE SERVICES
 

 

 

 

 

 

 

 

 


Role of Police Services Board

 

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 Chief’s 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 Ottawa Police Services Board 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.  In 2003, the Police Services Board conducted two policy complaint reviews. 

 

Further information concerning the Ottawa Police Services Board can be found at http://www.ottawapolice.ca/en/serving_ottawa/services_board/index.cfm.

 

Role of Professional Standards Section

 

The Professional Standards Section is responsible for the investigation of all complaints related to the Ottawa Police Service.  The Section must comply with the directions from the Ontario Civilian Commission on Police Services 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 which are then given by the Board.  Further information can be found at http://www.ottawapolice.ca/.

 

Role of Ontario Civilian Commission on Police Services

 

The third arm of the complaint management triangle is the Ontario Civilian Commission on Police Services.  The Ontario Civilian Commission on Police Services performs several functions with respect to province-wide civilian oversight of the entire process.  In addition to hearing appeals of disciplinary actions, the Ontario Civilian Commission on Police Services is the review body for individual conduct complaints.  While it functions 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, the Ontario Civilian Commission on Police Services members are civilians appointed by the Lieutenant Governor in Council on a full-time and part-time basis.  Further information can be found at http://www.occps.ca/.

 

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.

 

Over the years, the stigma of “disciplinary unit” has often been attached to the Professional Standards Section.  In reality, discipline is only one part of the Section’s mandate, as the main focus of any investigation is much broader than that.

 

The Section aims at addressing and dealing with concerns so that members of the public and the police can, at the conclusion of an investigation, understand a bit more about each other.  For example, in October 2002, a police pursuit had a tragic outcome when an innocent retired couple was killed in a collision where Ottawa Police Service vehicles were involved.  Following the Special Investigations Unit investigation and a lengthy Professional Standards Section investigation, in July 2003, the Professional Standards Section organized a debriefing for the family, where the entire case and investigation was presented.  The response by the family, in this highly emotional and difficult case, was very positive.

 

The investigation of complaints against police officers is a specialized area which, from time to time, relies on its partnership with the other specialty units such as, Major Crime, Partner Assault, Sexual Assault/Child Abuse, Forensic Identification, Traffic, Corporate Communication and Community Development.  In this way, the investigation benefits from the considerable expertise and resources available within the Ottawa Police Service and ensures compliance with the Provincial Adequacy Standards.

 

Timelines are critical because all parties involved often want the matter resolved quickly because these investigations often impact on them professionally and personally.

 

There were changes within the Section during 2003.  These included:

 

·                    Personnel;

·                    Training opportunities;

·                    Organizational review of the Section.

Personnel

 

The Professional Standards Section is comprised of seven senior, experienced investigators and one administrative support person, who also functions as a claims analyst and co-ordinates the disciplinary hearings.  The Section provides services to the public and internally in both official languages. Members of the Section come from diverse investigative fields, such as Partner Assault, Sexual Assault, Major Crime, etc. 

 

Professional Standards Section investigations are always sensitive, controversial and often emotional.  It is, therefore, 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. 

 

Vincent Westwick, Ottawa Police Service General Counsel, oversees the Professional Standards Section.  He reports directly to the Chief of Police. 

 

Staff Sergeant Gerard Sabourin is the operational manager of the Professional Standards Section.

 

The Professional Standards Section was not at full complement in 2002, due to the fact that an investigator moved to assume the duties of Administrative Staff Sergeant in Criminal Investigation Services.  As a result, a seventh investigator was identified through the staffing procedure process. Sergeant Paul Ingram was assigned to the Section in January 2003.  He brings to the Section extensive investigative experience, as well as community policing.  He has worked in many areas of the Police Service, including Court Case Management, Sexual Assault Child Abuse, Partner Assault, Youth Services and Patrol Services.

 

In February 2003, the Section was happy to greet the return of one of its investigators, Sergeant Sheila Maloney, who had been away on maternity leave for one year.

 

In September 2003, Sergeant Jeff Webster transferred to Partner Assault Investigations after four years in the Professional Standards Section.  As a result of this transfer, Sergeant Robert Featherstone was assigned to the Section.  He also has worked in many areas of the Police Service, including Partner Assault, Traffic and Traffic Investigations, Youth Services, Community Services and Patrol Services.

 

As in previous years, the Section went through an extremely busy year, and investigators handled an increased workload.  The Section mandate continues to address police vehicle collisions, where there may be a conduct issue related to the incident.  This function is performed in partnership with the Collision Investigation Unit and Collision Prevention Team.  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.  The Section processed one hundred and fifty-eight investigations involving Service vehicles.

 

 

Training Opportunities

 

The Section recognizes the need for a sufficient number of highly trained investigators, so that investigations can be done promptly, thoroughly and professionally.

 

In April/May 2003, two members of the Professional Standards Section had the opportunity to attend an “Internal Affairs” course in New York City.  The purpose of this training was to expose the Professional Standards Section members to the reality of managing public and internal complaints within a police department that has a membership of approximately 50,000 people.  They were also introduced to investigative concepts of “integrity and drug testing” procedures.  We were proud that an Ottawa Police Service officer had the highest mark in the course.

 

In September, one member of the unit attended the Ontario Provincial Police Academy on a Professional Standards Investigators Course.  This was the first time that this particular course was being offered.  The course was developed specifically to assist the needs of Professional Standards Section investigators.

 

The Section has been able to develop its investigators through courses and conferences, such as the Police Complaints Resolution Human Resources Management Course, Interviewing Course, Statement Analysis Course, Professional Standards Investigators Conference, Police Association of Ontario Conference, Toronto Police Service Internal Affairs Seminar, etc.

 

Members of the Section have been directly involved with the Professional Development Centre in: recruit training, supervisor training, patrol training days, and speaking to community groups and local schools.

 

The need for ongoing development is important, due to the fact that, on a daily basis, Professional Standards investigators have to deal with sensitive, confidential investigations that often impact on the members of the Police Service and members of the community. 

 

Organizational Review of the Sections

 

At the beginning of 2004, the Professional Standards Section, Legal and Policy Sections commenced a Project Review of their operational mandate.  The Project is still ongoing and is looking at how the three Sections can be more effective as a whole.  The Project identified that the current trends in policing are calling for enhanced ethics, quality assurance and risk management to be applied to day-to-day operations.  The Project is looking to identify the parameters and structures to best achieve this objective and how to maximize resources in a positive and preventative way.

 

Through the Strategic Staffing Initiative (SSI), the Professional Standards Section is scheduled to receive an additional investigator in the fourth quarter (Q4) to assist the Section with its present workload.

 

 

 

 

TRENDS  2003

 

The following depicts the total number of Public Complaints and Chief’s Complaints received during the years 2000 through to 2003:

 

Type of Complaint

2000

2001

2002

2003

Public Complaint*

244

243

275

219

Chief’s Complaint

  46

  64

117

237

Totals

290

307

392

456

 

*includes policy/service complaints

 

 

 

With respect to Chief’s Complaints, there was an increase of one hundred and twenty investigations over and above the total for 2002.  This is as a result of the Professional Standards Section assuming responsibility for addressing employee accountability in respect of police vehicle collisions.

 

With respect to public complaints, there was a decrease of fifty-six investigations from the total for 2002.  Although one cannot predict if and when a member of the public will file a complaint, it is clearly too early to determine if the strategies implemented by the Professional Standards Section (i.e., risk management) directly contributed to the decrease in public complaints. 

 

Classification of Complaints

 

The Ottawa Police Service classifies each complaint based on the type of allegation.  The classification gives some idea of the types of situations that are subject to investigation.  A breakdown of the types of allegations is found in the following chart.  The increase in improper conduct and the overall total is due to the recent transfer of police vehicle collisions to the Professional Standards Section mandate.  Removing the collisions from the figures, results in a slight drop in complaints for 2004.

 

COMPARISON OF THE CLASSIFICATION OF COMPLAINTS

RECEIVED FOR 2000, 2001, 2002 and 2003

 

CLASSIFICATION

2000

2001

2002

2003

Excessive Force

   41

   39

   45

   49

Improper Conduct

142

204

244

352

Neglect of Duty

  79

  45

  86

  34

Harassment

  11

   8

    1

  13

Firearms Discharge

   9

   3

   4

   3

Policy and/or Service Complaints

  4

   8

  12

   5

 

Complaints about Policy and/or Service and Conduct

  4

   0

   0

   0

TOTALS

290

307

392

456

 

Complaint Dispositions

 

There is a broad range of alternatives for the resolution of complaints.  This is due in part to the types of allegations, the evidence determined in the investigation and the wishes of the complainant.

 

The following table denotes the type of resolutions available under the Act.

 

RESOLUTION DEFINITIONS

 

Complaints Not Proceeded With

Complaints Not Resulting in Discipline

Complaints Resulting in Discipline

·        Not Directly Affected 

·        Unsubstantiated

·        Informal Discipline

      s.64(15)

·        Over Six Months

·        Withdrawn by Complainant

·        Disciplinary Hearing

s.64(7)

·        Vexatious/Frivolous/Bad Faith

·        Informal Resolution

      s.58 or  64(10)

·        Criminal Offence Conviction

 

·        No Further Action

 

 

During 2003, investigators continued their personal contact between both complainants and police officers and included the front line supervisors more often.  Withdrawals and informal resolutions are considered in less serious situations.  In 2003, the complainants withdrew a total of sixty-three complaints and twelve complaints were informally resolved.  As reported in 2002, clearly the trend continues in 2003, where the interview between the complainant and the Professional Standards Section investigator was instrumental in effective complaint resolution.  This is directly attributable to the Professional Standards Section investigators providing the complainant with information and explanations about police practices, policies and police authority.

 

In 2002, twenty-nine percent of the complaints were withdrawn and, in 2003, taking into account the decrease in the number of complaints, twenty-eight percent of the complaints were withdrawn.

 

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.  It was recently pointed out that the Ottawa Police Service consistently has one of the lowest rates in the province for complaints not proceeded with.  This is seen as evidence of the Ottawa Police Service’s commitment of addressing the concerns of the community.

 

The following chart depicts the disposition of Professional Standards Section Investigations conducted in 2001, 2002 and 2003.

 

COMPLAINT DISPOSITION

 

DISPOSITION

2001

2002

2003

COMPLAINTS NOT PROCEEDED WITH

28

25

24

COMPLAINTS NOT RESULTING IN DISCIPLINE

193

288

272

COMPLAINTS RESULTING IN DISCIPLINE

17

22

25

TOTAL

238

335

321

 

This chart compares the disposition of complaints over the last three years and demonstrates a relatively consistent pattern.

 

 

ACTIVITIES 2003

 

Collision Prevention Team

 

The Professional Standards Section will continue to deal with collisions, with emphasis on officer accountability, and measures to improve the driving skills of officers, such as mandatory remedial driver training.

 

The focus of the Collision Prevention Team is a reduction in the number of collisions and enhancing safety based on an 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.

 

Case Conferences and Risk Management Meetings

 

Case conferences are an important aspect of Ottawa Police Service response to employees who may be facing personal or professional challenges.  Chaired by Human Resources, a case conference includes the employee’s supervisor, as well as representatives from Legal, Professional Standards Section and other Ottawa Police Service sections as required. 

 

A risk management meeting applies the same approach as a case conference in that Ottawa Police Service resources are brought together to discuss and identify issues and develop a response, be it policy review, communication strategy, or other recommendations.

 

Criminal Offence Cases

 

During 2003, five members were facing criminal charges.  One case has been resolved.  Four are still before the courts, one of which is now before the Ontario Court of Appeal.  Following a careful review, Professional Standards Section has concluded that there are no identifiable trends or patterns.

 

Suspension Cases

 

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 2003, two officers were suspended from duty.  Prior ongoing suspensions brought the total number of suspended officers for 2003 to five.  One of the suspended officers who was charged criminally, retired prior to the conclusion of the criminal matter. 

 

Ottawa Police Service Website

 

In May 2000, a “compliment or complaint” title was launched on the Ottawa Police website, at http://www.ottawapolice.ca/. The site was created as a means of communication between the Police Service and the community.  The site encourages members of the public to send a message to info@ottawapolice.ca, if they witness a member of the Ottawa Police going above and beyond the call of duty, as we value our members’ efforts and like to recognize their personal actions and contributions.

 

As the Ottawa Police Service believes that all people have the right to be treated in a courteous and professional manner, the site also informs the community on the public complaint system in Ontario. Also contained on the site are the public complaint form and the first appearance date for disciplinary hearings.

 

The operational manager of Professional Standards Section receives messages on a daily basis, and ascertains that all compliments or complaints received on the info-website are dealt with and responded to in a timely manner.

 

Relationship with the Ontario Civilian Commission on Police Services

 

The Professional Standards Section continues its day-to-day working relationship with the Ontario Civilian Commission on Police Services.  On 2 September 2003, the retiring Vice Chair of the Ontario Civilian Commission on Police Services, Mr. John Balkwill, sent a letter to Chief Vince Bevan in which he was extremely complimentary of the members of the Professional Standards Section.

 

Ontario Association of Chiefs of Police Complaints Sub-Committee

 

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.  Recently, the sub-committee met to address the provincial government’s intention to make changes to the Police Services Act complaints process.  The sub-committee has put forward some recommendations and suggestions that have since been submitted to the OACP executive to consider. The sub-committee will be meeting in Ottawa in the Fall of 2004.

 

GOALS AND OBJECTIVES FOR 2004

 

Organizational Review of Legal, Professional Standards and Policy Sections

 

The current trends in policing are calling for enhanced ethics, quality assurance and risk management to be applied to day-to-day operations.  This trend presents a level of prevention, which is above the traditional accountability mechanisms found in the Police Services Act and other legislation.  The current Legal, Policy and Professional Standards framework needs to be adjusted to enhance and coordinate the functions listed below:

·                    Risk management;

·                    Serious personnel issues;

·                    Harassment prevention;

·                    Legal advice, support and education;

·                    Sworn and civilian discipline;

·                    Internal investigations;

·                    Public complaint management;

·                    Early warning systems;

·                    Policy development;

·                    Quality assurance;

·                    Training, education and related communication.

 

This ambitious and progressive review is proceeding through a formal project format. The project charter has been developed and is awaiting approval from the Executive, and the Budget allocation necessary. 

 

CONCLUSION

 

The Professional Standards Section has seen an increase in the workload, due in part to the Motor Vehicle Collision Policy and the complexity of several investigations.  The Professional Standards Section staff continue to strive in the area of complaint resolution while maintaining a positive and credible working relationship between Ottawa Police Service members and the public.  Front line supervisors have been included in these complaint resolutions and, in more complex cases, the investigators have relied on and conducted joint investigations with specialty sections, such as Major Crime, Forensic Identification, Collision Investigations, Partner Assault, Sexual Assault and Child Abuse, to name a few. 

 

The Professional Standards Section conducts investigations in a confidential, transparent, professional and timely manner.  The Professional Standards Section has taken a risk management approach to complaint resolution through the use of mediation, policy reviews, case conferences, education, strategy, and has seen that this benefits the officers, the public and the organization. 

 

Notwithstanding the increase in complexity and numbers of complaints and the changes in complement, the Ottawa Police Service Professional Standards Section continues to display an innovative and progressive approach to the resolution of complaints.

 

As Chief, I am confident that the mandate of the Professional Standards Section is effectively being met.

 

 

 

 

Vince Bevan

Chief of Police