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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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24 May 2011 |
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TO/DEST:
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Executive Director, Ottawa Police Services Board |
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FROM/EXP:
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Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
PROFESSIONAL STANDARDS SECTION – 2010 ANNUAL REPORT |
RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
The process for dealing with complaints (public and chief’s) regarding the Ottawa Police Services’ policies, the delivery of service, and officer conduct is outlined in Part V of the Ontario Police Services Act, entitled “Complaints and Disciplinary Proceedings.”
The two mechanisms dealing with complaints include the Office of the Independent Police Review Director (OIPRD) and the Ottawa Police Service’s Professional Standards Section (PSS).
Office of the Independent Police Review Director
Established in October 2009 as an agency of the Ontario Ministry of the Attorney General, the OIPRD ensures that public complaints in Ontario are dealt with fairly, efficiently and effectively. All public complaints are processed by the OIPRD. To ensure a consistent approach throughout Ontario, the OIPRD has a set of standards that is to be followed when conducting public complaint investigations.
The OIPRD oversees every public complaint investigation conducted by a police service. If the Director does not agree with the way an investigation is being handled, it is possible that the police service in question may be directed to take certain actions, or the OIPRD may take over the investigation.
The OIPRD can dismiss a complaint deemed to be:
· Frivolous, in that it is trivial, lacks seriousness or is futile.
· Vexatious, in that it is made out of anger or the desire to seek retribution. Vexatious complaints may lack a reasonable purpose or be made with the intention to harass or annoy or may be repetitive or groundless.
· Made in bad faith, if there is clear evidence that the complaint was made for an improper purpose or with an ulterior motive. A bad faith complaint may be one that is made with the intention of deceiving or misleading the OIPRD or police services.
At the conclusion of an investigation, complainants are advised of the outcome. Possible decisions are:
· Complaint may be substantiated and a determination of whether a conduct complaint is “serious” or “less serious” is then required by the Police Services Act. There must be reasonable grounds to believe that misconduct has occurred and it must be more than just suspicion of misconduct, based on factual evidence.
· Complaint may be deemed unsubstantiated and can only be found to be unsubstantiated following a complete and thorough investigation that has determined there is no misconduct or breach of the police code of conduct.
If the complainant disagrees with the outcome of an investigation they may request a review of the finding to the OIPRD. Further information on the public complaint process can be found on the OIPRD Web site (www.oiprd.on.ca).
Ottawa Police Service Professional Standards Section (PSS)
Within the Ottawa Police Service, the PSS exercises authority as delegated by the Chief of Police to investigate and facilitate the resolution of complaints. Investigations include both those received from members of the public and those that are generated internally by the Chief of Police.
Investigations are conducted thoroughly having regard for the sensitive nature of the investigation. Members of Professional Standards understand that the manner in which a complaint is handled not only impacts on the complainants and the officers, but also reflects directly on the integrity of the Police Service and its position of trust within the community.
As encouraged by the OIPRD, PSS has a seminal role in educating front line supervisors in resolving complaints. This allows for a better dialogue between complainants and officers and promotes a quicker alternative to resolving issues that arise in the course of daily operations. Professional Standards will continue to work collaboratively with the OIPRD to ensure proper civilian oversight.
DISCUSSION
The following discussion provides an overview of key measures and highlights tracked by PSS.
Complaint Statistics
The number of public complaints has shown significant variation year over year, ranging from 155 in 2009 to 275 in 2002. The average over the past decade has been 230 public complaints per year.
For the Ottawa Police Service, 2009 was an anomaly with lower than average public complaints (155). Subsequently, the year over year increase in public complaints for 2010 was unusually high, with a 75.5 % increase to 272 complaints, in comparison to 2009. In consultation with seven of the largest police services in the province, the notable increase in public complaints in 2010 is consistent with all but one service (London), and the other police services also experienced a notable decrease in 2009. The transition to the OIPRD process, which began operating on October 19, 2009, may have impacted the numbers and account for both the drop in complaints in 2009 due to confusion about where to file complaints, as well as the increase in public complaints in 2010 as people became aware of the new independent complaints body.
At the time of writing this report the OIPRD has not released its Statement of Operations for its first full fiscal year (April 1, 2010 – March 31, 2011). However, their inaugural report (October 19, 2009 to March 31, 2010) reveals that over 50% of (OIPRD) regions in the Province of Ontario report significantly higher numbers of public complaints over the six month period. This may also be indicative of the public’s interest in the new complaints system. The OIPRD report in its entirety can be viewed at https://www.oiprd.on.ca/CMS/Publications/Reports.aspx.
While an increase in public complaints is always a concern, to provide some context, the number of public complaints in 2010 represents significantly less than one complaint per officer (0.20), less than one complaint per 1,000 calls for service (0.70), and 29.64 complaints per 100,000 residents.
Although the actual number of complaints did rise last year, the rate of public complaints per officer has declined by 15 percent in the past decade, from 0.23 in 2001 to 0.20 in 2010. At the same time the organization’s complement has grown by 32 percent, from 1,040 sworn officers to 1,374 last year. Figure 1 (below) illustrates the total number of public complaints received during the period 2001 to 2010.
Figure 1: Total public complaints received by the Ottawa Police Service (2001-2010)
Chief’s complaints have declined over the past three years, falling by 31% between 2008 and 2010 to 199 complaints (Figure 2 - below). In 2010 they remain below the five year average of 231. Improved frontline supervision, better education and training may have impacted the number of Chief’s complaints, including “at fault” motor vehicle collisions.
Figure 2: Total chief's complaints received by the Ottawa Police Service (2001-2010)
Table 1 (below) illustrates the percentage change year over year for the last ten years for both public and chief’s complaints.
Table 1: Complaints received by type
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Public |
Percentage change from previous year |
Chief's |
Percentage change from previous year |
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2001 |
243 |
- |
64 |
- |
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2002 |
275 |
13.2 |
117 |
82.8 |
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2003 |
219 |
-20.4 |
237 |
102.6 |
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2004 |
218 |
-0.5 |
185 |
-21.9 |
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2005 |
233 |
6.9 |
186 |
0.5 |
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2006 |
204 |
-12.4 |
174 |
-6.5 |
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2007 |
247 |
21.1 |
235 |
35.1 |
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2008 |
237 |
-4.0 |
290 |
23.4 |
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2009 |
155 |
-34.6 |
255 |
-12.1 |
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2010 |
272 |
75.5 |
199 |
-22.0 |
*includes policy or service complaints (see classification of complaints below)
Figure 3 (below) illustrates the total number of public and chief’s complaints received during the period 2001 to 2010. In the past ten years, the Ottawa Police Service processed an average of 425 complaints annually. In 2002, PSS assumed responsibility for addressing police vehicle collisions involving officers determined to be at fault. The expanded mandate accounts for the variation in total complaints between 2001 and 2003. In 2010, the Ottawa Police processed 471 complaints, a 15% increase from the previous year (+61).
Figure 3: Total complaints received by the Ottawa Police Service (2001-2010)
Classification of Complaints
The Ottawa Police Service classifies each complaint based on the type of allegation. When there is more than one allegation, the most serious allegation is used to classify the complaint. The classification gives some idea of the types of situations that are subject to complaint investigations.
As illustrated in Figure 4 (below), examining the classification of complaints for 2010 reveals that improper conduct accounts for over 70% of all complaints (342), growing by 17% from 2009. While the number of improper conduct complaints has risen when compared year over year, it remains in line with the five year average of 343. Improper conduct complaints, which are made up from a broad number of categories, include allegations of: inappropriate actions such as search and seizure; red light camera infractions and poor judgment; at fault motor vehicle collisions; abuse of authority; breach of confidentiality; and insubordination.
Figure 4: Classifications of complaints
A review of Table 2 (below) reveals that:
· Excessive force complaints increased from 30 complaints in 2009 to 50 complaints (67% increase over 2009) in 2010.
· Improper conduct complaints increased by 50 complaints (17% increase over 2009)
· Neglect of duty complaints fell from 71 complaints in 2009 to 66 complaints in 2010 (27% reduction)
· There were fewer firearm discharge complaints (57% reduction over 2009)
· Policy or service complaints remain constant.
Table 2: Classification of Complaints
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Classification |
2006 |
2007 |
2008 |
2009 |
2010 |
5 Year Average |
% Change 2009-2010 |
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Excessive Force |
35 |
31 |
54 |
30 |
50 |
40 |
67% |
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Improper Conduct* |
327 |
393 |
362 |
292 |
342 |
343.2 |
17% |
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Neglect of Duty |
10 |
44 |
97 |
71 |
66 |
57.6 |
-7% |
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Firearm Discharge |
4 |
4 |
7 |
7 |
3 |
5 |
-57% |
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Policy and/or Service Complaints |
2 |
10 |
7 |
10 |
10 |
7.8 |
0% |
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Total |
378 |
482 |
527 |
410 |
471 |
453.6 |
15% |
Excessive Force Complaints
Understanding the community’s concern with respect to the use of force and the increase in excessive force complaints, we have initiated an analysis of this type of allegation. Professional Standards is currently working with Planning, Performance and Analytics in proactively identifying specific trends, to better identify factors that may be contributing to this increase.
Improper Conduct Sub-classifications
In 2008, at the request of the Ottawa Police Services Board, PSS began tracking and analyzing a breakdown of the improper conduct complaints. Table 3 (below) displays comparative statistics of the sub-classifications associated with improper conduct allegations for the past three years.
In 2010, three improper conduct sub-classifications exhibited an increase in the number of complaints received over 2009. These include those classified as inappropriate language – 26 complaints (76%), inappropriate actions – 45 complaints (57%), and abuse of authority – 19 complaints (49%). Despite the year over year increase in improper conduct complaints, the volume of improper conduct complaints is in line with the 5 year average.
The number of at fault motor vehicle collisions continued to decline in 2010, a reduction of 39 (30%) when compared to 2009, and was well below the three year average of 129. Breach of confidentiality and insubordination complaints are infrequent and only make up 3% of the improper conduct complaints.
Table 3: Improper Conduct Sub-classifications
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Sub-classifications |
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2008 |
2009 |
2010 |
3 Year Average |
% Change 2009-2010 |
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Inappropriate Comments/Language |
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52 |
34 |
60 |
48.7 |
76% |
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Inappropriate Actions |
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82 |
79 |
124 |
94.7 |
57% |
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At Fault Motor Vehicle Collisions |
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167 |
130 |
91 |
129.3 |
-30% |
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Abuse of Authority |
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50 |
39 |
58 |
49.0 |
49% |
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Breach of Confidentiality |
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11 |
10 |
7 |
9.3 |
-30% |
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Insubordination |
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0 |
0 |
2 |
1.0 |
- |
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Total |
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362 |
292 |
342 |
331.7 |
17% |
Conduct Complaint Resolution
Table 4 (below) displays the resolution of conduct complaints made against Ottawa Police officers for the years 2006 to 2010. Of the 461 conduct complaints received in 2010, 371 (80%) were resolved by the end of the year (362 did not result in discipline, eight resulted in informal discipline and one concluded in a Police Services Act conviction).
In 2010 the number of complaints dismissed as frivolous, vexatious or made in bad faith by OIPRD increased by 49 (181% increase) when compared to those reported previously as such by the Ottawa Police Service and OIPRD cumulatively for 2009.
In 2010 the number of complaints withdrawn by complainants increased by 29 when compared to 2009, representing a 39.2% increase. In most cases the complainant advised they were satisfied their concerns were addressed after communication with a Professional Standards Section investigator. The OIPRD confirmed with all complainants their satisfaction with withdrawing their complaint.
The number of complaints determined to be over six months old was impacted by one individual who filed numerous historical complaints (15) dating back to 2003 and 2004.
While the overall number of complaints increased in 2010 there were significantly less incidents that required discipline. In 2009 twenty-two (22) complaints (public and chief’s) required disciplinary action while in 2010 only nine (9) incidents investigated required discipline. The decrease in the number of incidents requiring discipline is significant despite the overall increase in complaints.
Table 4: Conduct Complaint Resolution
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Resolution |
2006 |
2007 |
2008 |
2009 |
2010 |
5 Year Average |
% Change 2009-2010 |
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Unsubstantiated |
35 |
52 |
60 |
41 |
61 |
49.8 |
49% |
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Vexatious/Frivolous/Bad Faith |
17 |
16 |
24 |
27 |
76 |
32 |
181% |
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Withdrawn by Complainant |
61 |
45 |
27 |
17 |
46 |
39.2 |
171% |
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No Further Action |
120 |
136 |
159 |
123 |
139 |
135.4 |
13% |
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Informal Resolution s.58 or 64(11) |
16 |
31 |
59 |
50 |
18 |
34.8 |
-64% |
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Over Six Months |
9 |
13 |
15 |
4 |
21 |
12.4 |
425% |
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Third Party - Not Directly Affected |
4 |
7 |
13 |
6 |
1 |
6.2 |
-83% |
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Subtotal - Complaints Not Resulting in Discipline |
262 |
300 |
357 |
268 |
362 |
309.8 |
35% |
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Informal Discipline s. 64(15) |
12 |
6 |
28 |
20 |
8 |
14.8 |
-60% |
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Disciplinary Hearing |
2 |
1 |
1 |
2 |
1 |
1.4 |
-50% |
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Subtotal - Complaints Resulting in Discipline |
14 |
7 |
29 |
22 |
9 |
16.2 |
-59% |
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Subtotal - Complaints Under Investigation at Year End |
100 |
165 |
134 |
110 |
90 |
119.8 |
-18% |
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Total |
376 |
472 |
520 |
400 |
461 |
445.8 |
15% |
Note: The totals vary slightly from Table 1 as a result of the policy/service complaints being included in Table 1.
Policy or Service Complaint Resolution
Table 5 (below) displays the resolutions of policy or service complaints received over the past five years. Of the ten policy or service complaints received in 2010, all were resolved by the end of the year. Seven resulted in no action being taken, while three resulted in action being taken.
Table 5: Policy or Service Complaint Resolution
|
Resolution |
2006 |
2007 |
2008 |
2009 |
2010 |
5 Year Average |
% Change 2009-2010 |
|
No Further Action |
0 |
5 |
6 |
4 |
7 |
4.4 |
75% |
|
Action Taken |
0 |
0 |
0 |
1 |
3 |
0.8 |
200% |
|
Policy and/or Service Complaints Under Investigation at Year End |
2 |
5 |
1 |
5 |
0 |
2.6 |
-100% |
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Total |
2 |
10 |
7 |
10 |
10 |
7.8 |
0% |
The Ottawa Police Services Board Policy CR-11 requires that official language complaints be reported in the annual report. In 2010, there were no official language complaints received by the Professional Standards Section.
Voluntary Conflict Resolution Program (VCRP)
One of the key components used for resolution of a complaint by the Ottawa Police Service has been to use a mediator. The Ottawa Police is at the forefront of mediating public complaints in Ontario. A number of other agencies are studying the successes of mediation in the hope of establishing their own conflict resolution service to resolve public complaints.
The use of a mediator allows the complainant and the officer to share their perspectives of an incident in a neutral setting. This discussion permits the resolution of a complaint without initiating a formal investigation. Participant feedback has been very positive. In 2010, 15 cases were considered for VCRP. In seven of the cases considered, either the complainant or the officer declined to participate, six were successfully resolved through VCRP and two were returned for a Part V investigation.
In 2010, the Ottawa Police Service concluded its agreement with the Center for Conflict Education and Research, based at Carleton University. Enhancements to the program, now referred to as the Voluntary Alternative Dispute Resolution Program (VADRP), are being developed and new service providers from the community are contributing to the development of the program.
Police Services Act Charges
There were four investigations commenced in 2010 that resulted in Police Services Act charges being laid (three are still pending). In 2010, the OPS held 16 formal hearings (12 of which were for complaints investigated in 2009). Four hearings resulted in the forfeiture of hours, three hearings resulted in the dismissal of the officer (all three have appealed their dismissal to the Ontario Civilian Police Commission) and one resulted in the demotion of the officer from 2nd to 3rd class for one year. Eight cases were still in the hearing process at the end of 2010.
Criminal Offence Cases
During 2010, five officers faced criminal charges, with all five cases related to off-duty conduct. At the conclusion of 2010, three of these cases had been processed through the criminal courts, and three officers had criminal charges still before the courts, one of which was from a previous year.
Special Investigations Unit (SIU) Investigations
The Provincial Special Investigations Unit is legislated to investigate the circumstances of serious injury, death or sexual assault that may have resulted through criminal offences committed by a police officer. Section 11 of Ontario Regulation 673/98 of the Police Services Act directs a Chief of Police to conduct an administrative review of each SIU case. The administrative review focuses on the policies of, or services provided by the Service and officer(s) conduct.
During 2010, the SIU invoked its mandate to investigate 14 incidents, compared to 13 during 2009. At year end, nine investigations were concluded with SIU concluding that there were no reasonable grounds to believe that the officers committed a criminal offence. Five investigations remained under investigation by the SIU.
Suspension Cases
The Police Services Act provides that a chief of police can suspend a police officer. The Ottawa Police Service’s approach is to keep its members 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 careful assessment of the case. Three officers were suspended in 2010. Prior ongoing suspensions brought the total number of suspended officers to seven during 2010. Two returned to active duty in 2010, three were dismissed from the police service, and two officers remained under suspension at year end.
Other notable issues
In January 2010, the responsibility for investigation of red light camera infractions and motor vehicle collisions was assumed by the Directorate responsible for the employee. PSS continues to maintain the statistical information, and provides guidance on the process for managing these at the supervisory level. In keeping with the progressive discipline model, supervisors are now conducting investigations and addressing issues that arise from police vehicle collisions and red light camera offence notices. In 2010, the organization observed a decline in the number of at fault police vehicle collisions, which may be as a result of the new process.
Lastly, as part of the Master Accommodations Plan, the Professional Standards Section was relocated from 474 Elgin Street to 19 Fairmont Avenue in November 2010. The office workspace has improved significantly and allows for potential future growth.
CONCLUSION
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 and case conferences.
The Professional Standard Section has worked diligently with all Directorates in establishing supervisory accountability, including the resolution of minor complaints. 2010 saw the first full year of operating with the OIPRD. The Ottawa Police Service is often touted in the province as the agency that leads by example on resolving public complaints. The Ottawa Police Service continues to be progressive in its approach to the resolution of complaints. This allows the Police Service to constantly evolve and meet the challenges facing policing today.
Ongoing enhancements to VADRP and supervisory accountability ensure the OPS remains progressive in the resolution of complaints.
As Chief, I am confident that the mandate of the Professional Standards Section is being met.
(Original signed by)
Vern White
Chief of Police
