DATE:	19 July 2011
TO/DEST:	Executive Director, Ottawa Police Services Board
FROM/EXP:	Chief of Police, Ottawa Police Service
SUBJECT/OBJET:	*COMPLAINTS REPORT – PART V, POLICE SERVICES ACT* – SECOND QUARTER 2011**

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 Service’s (OPS) 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 following report will provide comparisons in specific complaint types over those reported during the same time period for the previous year. The comparisons are an important way to track any emerging trends and to provide a glimpse at what types of complaints are being received. The statistics are charted by category and include cumulative numbers during the same time period for the previous year.

DISCUSSION

Highlights

Valuable information is gleaned from the analysis of the reported statistics. Here are a few highlights:

Complaints received between January 1, 2011 and June 30, 2011 decreased by 24.2 % when compared to same time period in 2010 and represents the lowest amount recorded in the last five years.
Fewer excessive force complaints were received in this period over last year and the level was more in line with the five year average.
A significant reduction was recorded in improper conduct complaints which accounts for the majority of the reduction in conduct complaints.

Further details and statistical analysis are provided below under specific categories.

New Complaints

Complaints about policy, service or conduct are received from members of the public and may also be initiated internally as Chief’s complaints.

At the end of the second quarter in 2011, 194 complaints have been received. This reflects 62 fewer complaints over the same time period in 2010 (24.2% decrease). Additionally, this is 33 less than the five year average of 227.4. Most of the decrease can be attributed to a reduction in public conduct complaints (-42). The slight increase in policy and/or service complaints does not impact the totals greatly as these do not represent a significant portion of overall complaints.

The following table outlines the number of new complaints received compared to the same time period last year.

Table 1 New Complaints

	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD
Public Complaint (Conduct)	78	49	141	99	106.0
Public Complaint (Policy or Service)	3	4	3	8	4.2
Chief's Complaints	62	45	112	87	117.2
TOTAL	143	98	256	194	227.4

Classification of Complaints

The Police Services Act provides the mechanism for dealing with complaints in relation to the conduct of an individual officer(s) and complaints related to the policies or services provided by the police service. The following tables provide the number of complaints received in Q2 in relation to the same time period in the previous year.

Conduct Complaints:

The category of ‘conduct complaints’ is broken down to reflect specific allegation types that are tracked.

Table 2 illustrates that 186 complaints were received in 2011 (67 less than 2010 and 37 less than the five year average of 223.2).

Excessive force complaints totalled 19 at the end of Q2 2011, reflecting a slight decrease over 2010 (23) which is more in line with the five year average of 17.2.

Improper conduct complaints declined significantly going from 195 in 2010 to 133 in 2011, a reduction of 62 which accounts for the majority of the overall decrease in total conduct complaints. They are also well below the five year average of 170.8.

Neglect of duty complaints did not show any change over 2010 and the firearm discharge complaints saw a slight reduction.

Table 2 Conduct Complaints - Types of Allegations

	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD
Excessive Force	16	8	23	19	17.2
Improper Conduct	106	66	195	133	170.8
Neglect of Duty	17	20	34	34	33.2
Firearm Discharge	1	0	1	0	2.0
TOTAL	140	94	253	186	223.2

Improper conduct complaints form a significant portion of the complaints received. In 2008 this category was further divided into sub-classifications to better track what type of behaviour was generating the complaints to better recognize trends and to address the concerns of the community (only a four year average is available).

There were four improper conduct sub-classifications [inappropriate comments/language (-18), inappropriate actions (-22), abuse of authority (-22) and insubordination (-2)] that exhibited a decrease when compared to the same time period in 2010. The only sub-classification that saw a marginal increase (+7) over 2010 was the “at fault” motor vehicle collisions. However, collisions did remain below the four year average of 69.5. Breach of confidentiality complaints remained unchanged from 2010. All improper conduct sub-classifications were less than the four year average totals.

Table 3 Improper Conduct Sub-classifications


	Q2 2010	Q2 2011	2010 YTD	2011 YTD	4 YR AVG YTD
Inappropriate Comments/Language	24	6	38	15	24.0
Inappropriate Actions	31	17	60	38	41.3
At Fault Motor Vehicle Collisions	28	30	50	57	69.5
Abuse of Authority	19	10	41	19	24.0
Breach of Confidentiality	2	3	4	4	5.3
Insubordination	2	0	2	0	0.5
TOTAL	106	66	195	133	164.5

Policy/Service Complaints:

Policy/service complaints total eight in 2011, representing an increase (+5) over 2010 and double the five year average of 4.2. Although the number did rise it represents only a small portion (4.1%) of the total complaints received.

Table 4 distinguishes between policy complaints and those relating to service.

Table 4 Policy/Service Complaints*


	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD
Policy	0	0	0	0	0.0
Service	3	4	3	8	4.2
TOTAL	3	4	3	8	4.2
*in light of the fact that the number of complaints is minimal no chart has been created.

Complaint Status

All public complaints are processed through the Office of the Independent Police Review Director (OIPRD) and are evaluated based on provincial criteria. The OIPRD may choose not to have the matters investigated after a review of their merit by determining them to be: frivolous, vexatious, etc.; over six months; not directly affected. Chief’s complaints are investigated to determine officer misconduct and compliance with OPS policy. Both public and chief’s complaints can be finalized as substantiated or unsubstantiated. Once substantiated, they can be resolved through informal resolution, informal discipline or formal discipline.

Conduct Complaints Status:

Of the 186 complaints received in the first two quarters of 2011, 116 were resolved by the end of the second quarter (113 did not result in discipline and three resulted in informal discipline), representing 61% of the total conduct complaints received.

The Office of the Independent Police Review Director (OIPRD) deemed 24 complaints to be frivolous, vexatious, etc., 13 fewer than the same time period in 2010, however, slightly higher than the five year average of 18.8.

While complaints resolved through informal resolution (5) were below the 2010 total (10), they were higher than the five year average of 1.2.

The number of complaints withdrawn by the complainant (20) increased slightly over 2010 (16) and the five year average of 15.2.

Table 5 outlines how the complaints have been resolved. The shaded areas reflect subtotals and total number of complaints.

Table 5 Complaint Status - Conduct Complaints

RESOLUTION	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD	CARRYOVER PRIOR YEARS*
Unsubstantiated	0	2	14	10	13.6	24
Frivolous, Vexatious, etc.	23	8	37	24	18.8	1
Informal Resolution	3	2	10	5	1.2	6
Informal Resolution – VADRP	0	0	0	0	0.7	0
No Further Action	18	13	49	44	46.8	32
Withdrawn by Complainant	0	5	16	20	15.2	7
Withdrawn by Complainant - VADRP	0	0	0	0	2.7	0
Over Six Months	12	8	15	12	9.2	0
Third Party - Not Directly Affected	0	0	0	0	2.0	0
Complaints Not Resulting in Discipline	56	38	141	115	119.8	70
Informal Discipline	3	2	4	3	5.8	3
Disciplinary Hearing	0	0	0	0	0.0	2
Complaints Resulting in Discipline	3	2	4	3	5.8	5
Complaints Outstanding	81	54	108	68	86.2	26
TOTAL	140	94	253	186	211.8	101
*This column represents investigations commenced in previous years which are being dealt with in the current year

Policy/Service Complaints Status:

To date review of policy/service complaints has deemed no action necessary in any of the 2011 policy/service complaints received. More specifically from the six finalized, in two cases no action was taken, one was withdrawn by the complainant and three were deemed to be frivolous/vexatious, etc. by the OIPRD.

Table 6 outlines the policy/service complaints that have been resolved. The policy/service complaints completed in the current quarter are attached to this report as Annex A.

Table 6 Complaint Status - Policy/Service Complaints*

RESOLUTION	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD	CARRYOVER PRIOR YEARS**
No Further Action	0	0	0	2	2.2	0
Frivolous,Vexatious, etc.	1	1	1	3	n/a	0
Withdrawn by Complainant	1	1	1	1	n/a	0
Third Party	0	0	0	0	n/a	0
Action Taken	0	0	0	0	0.6	0
Complaints Outstanding	1	2	1	2	1.4	0
TOTAL	3	4	3	8	4.2	0
*In light of the fact that the number of complaints is minimal no chart has been created.
**This column represents investigations commenced in previous years which are being dealt with in the current year.

Special Investigations Unit (SIU) Investigations:

The Police Services Act provides that the SIU shall conduct criminal investigations into circumstances involving police and civilians that have resulted in serious injury, death or allegations of sexual assault.

As evidenced in Table 7 below there were three SIU files received in 2011, five less than those received during same time period in 2010 (8) and below the five year average of 5.4. All three investigations remain ongoing.

Table 7 Special Investigations Unit Investigations


TYPES OF INVESTIGATIONS	Q2 2010	Q2 2011	2010 YTD	2011 YTD	5 YR AVG YTD
Death	0	0	1	0	0.8
Serious Bodily Injury	3	2	7	3	4.6
Sexual Assault	0	0	0	0	0.0
TOTAL	3	2	8	3	5.4
Investigations Resolved	1	0	5	0	2.4
Investigations Ongoing	2	2	3	3	3.0
TOTAL	3	2	8	3	5.4

Public Complaint Reviews

The Police Services Act provides that complainants may seek a review of the Professional Standards Section decision of a conduct complaint by the Office of the Independent Police Review Director (OIPRD).

Complainants dissatisfied with the resolution of a policy/service complaint may seek a review by the Ottawa Police Services Board.

Conduct Complaint Reviews:

When compared to the same time period in 2010 there was an increase (3) in 2011 equalling five requests for review. All five remain under review by OIPRD.

The following table outlines the requests for review and how they were resolved. Please note that as OIPRD became the oversight body in October 2009, no reviews were requested until 2010. A two year average is all that is available at this time.

Table 8 Requests for Review


RESOLUTION	Q2 2010	Q2 2011	2010 YTD	2011 YTD	2 YR AVG YTD
Confirmed Decision	0	0	0	0	0.0
Specified Direction	0	0	0	0	0.0
Assigned to Outside Police Service	0	0	0	0	0.0
OIPRD to Investigate	0	0	0	0	0.0
Action to be Taken	0	0	0	0	0.0
Reviews Pending	2	5	2	5	3.5
TOTAL	2	5	2	5	3.5

Public Complaints Reviews – Policy/Service Complaints:

No requests for review of policy/service complaints have been received in 2011.

CONCLUSION

Supervisory accountability and progressive discipline is recognized as an effective approach to resolving issues arising from complaints. Increased accountability through the supervisory chain of command may have impacted the stabilization in the second quarter of 2011.

The enhanced Voluntary Alternative Dispute Resolution Program (VADRP) contract has been awarded to CIIAN (Canadian International Institute of Applied Negotiation). The program developed is supported by the Ottawa Police Association and was rolled out July 1, 2011.

The OPS continues its excellent working relationship with the civilian oversight body (OIPRD) and will continue to ensure a thorough and impartial investigation of all complaints.

(Original signed by)

Gilles Larochelle

Acting Chief of Police

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