|
|
REPORT RAPPORT |
|
DATE: |
18 October 2011 |
|
TO/DEST: |
Executive Director, Ottawa Police Services Board |
|
FROM/EXP: |
Acting Chief of Police, Ottawa Police Service |
|
SUBJECT/OBJET: |
COMPLAINTS REPORT – PART V, POLICE SERVICES ACT – THIRD 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
The most valuable information is gleaned from the analysis of the reported statistics. Here are a few highlights:
· Total complaints continued to decline in the third quarter of 2011, decreasing by 15.8% over the same time period in 2010 and 12% less than the five year average.
· Conduct complaints have shown a decrease of 19% over 2010.
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.
As of September
30, 2011 a total of 299 complaints have been received, a reduction of 56
complaints when compared to the same time period in 2010 and 41 less than the
five year average. While most of the
decrease can be attributed to fewer public conduct complaints (-51), chief's
complaints (-15) also contributed to the lower overall total. Policy and/or service complaints increased
(+10) but did not greatly influence the overall total.
The following
table outlines the number of new complaints received in Q3 compared to the same
time period last year.
|
Table
1 New Complaints |
|||||
|
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
||
|
Public Complaint (Conduct) |
63 |
204 |
153 |
161.4 |
|
|
Public Complaint (Policy or Service) |
5 |
10 |
18 |
8.2 |
|
|
Chief's Complaints |
31 |
41 |
143 |
170.6 |
|
|
TOTAL |
99 |
107 |
355 |
299 |
340.2 |
|
|
|||||||
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 Q3 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 to ensure OPS track emerging trends.
As Table 2 (below) illustrates conduct complaints increased slightly in Q3 2011 when compared to Q3 2010, however the overall total for year to date was 66 less than 2010, as well as 49 fewer than the five year average of 330.2.
Neglect of duty complaints during Q3 2011 saw an increase (+10) over Q3 2010, with the year to date increase being similar (+9).
|
Table
2 Conduct Complaints – Types of Allegations |
|||||
|
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
|
|
Excessive Force |
14 |
9 |
37 |
28 |
30.0 |
|
Improper Conduct |
68 |
66 |
263 |
198 |
248.2 |
|
Neglect of Duty |
12 |
22 |
46 |
55 |
48.8 |
|
Firearm Discharge |
0 |
0 |
1 |
0 |
3.2 |
|
TOTAL |
94 |
97 |
347 |
281 |
330.2 |
|
|
|||||||
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).
Inappropriate Comments/Language (-20), Inappropriate Actions (-30), Abuse of Authority (-27), Breach of Confidentiality (-2), and Insubordination (-2) continued to decrease when compared to 2010 and as well, all were lower than the four year average.
While “at fault” motor vehicle collisions increased by 16 over 2010 for a total of 81 they remained below the four year average of 96.8.
|
Table
3 Improper Conduct Sub-classifications |
||||||
|
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
4 YR AVG YTD |
||
|
Inappropriate Comments/Language |
13 |
17 |
51 |
31 |
36.8 |
|
|
Inappropriate Actions |
29 |
21 |
89 |
59 |
66.5 |
|
|
At Fault Motor Vehicle Collisions |
15 |
24 |
65 |
81 |
96.8 |
|
|
Abuse of Authority |
9 |
4 |
50 |
23 |
30.5 |
|
|
Breach of Confidentiality |
2 |
6 |
4 |
6.8 |
||
|
Insubordination |
2 |
0.5 |
||||
|
TOTAL |
68 |
66 |
263 |
198 |
237.8 |
|
|
|
|||||||
Policy/Service Complaints:
Policy/service complaints received in Q3 2011 were higher than those received in 2010 (+10), as well as the five year average (+9).
This table distinguishes between policy complaints and those relating to service.
|
Table
4 Policy/Service Complaints* |
||||||
|
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
||
|
Policy |
1 |
2 |
1 |
2 |
1.2 |
|
|
Service |
4 |
8 |
7 |
16 |
7.0 |
|
|
TOTAL |
5 |
10 |
8 |
18 |
8.2 |
|
|
*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 Complaint Status:
Of the 281 complaints received by the end of Q3 2011, 205 were completed with 198 of those not resulting in discipline. In five cases informal discipline was imposed and in one case a disciplinary hearing was held in which the charges were withdrawn.
There were 47 cases where no investigation was required as the Office of the Independent Police Review Director deemed them to be frivolous, vexatious, etc. (33) or over six months (14). Although lower than the 2010 total of 70 they were slightly higher than the five year average (35.8).
There was relatively no change in
the number of cases where the complainant chose to withdraw their complaint
(36) over 2010 (35), just slightly higher than the five year average of 26.6.
One case was successfully resolved through the Voluntary Alternative Dispute Resolution Program resulting in the complainant withdrawing his complaint.
This table outlines how the complaints have been resolved. The shaded areas reflect subtotals and total number of complaints.
|
Table
5 Complaint Status – Conduct Complaints |
||||||
|
RESOLUTION |
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR
YEARS* |
|
Unsubstantiated |
2 |
41 |
26 |
32.6 |
25 |
|
|
Vexatious/Frivolous/Bad Faith |
15 |
9 |
52 |
33 |
26.6 |
1 |
|
Informal
Resolution |
2 |
14 |
12 |
22.4 |
7 |
|
|
Informal
Resolution – VADRP |
0.0 |
|||||
|
No Further
Action |
11 |
17 |
87 |
76 |
93.0 |
34 |
|
Withdrawn
by Complainant |
8 |
7 |
35 |
36 |
26.6 |
7 |
|
Withdrawn
by Complainant – VADRP |
1 |
1.3 |
||||
|
Over Six
Months |
3 |
4 |
18 |
14 |
9.2 |
|
|
Third Party
- Not Directly Affected |
2.8 |
|||||
|
Complaints Not Resulting in Discipline |
37 |
41 |
247 |
198 |
214.0 |
74 |
|
Informal
Discipline |
4 |
5 |
10.0 |
3 |
||
|
Disciplinary Hearing |
1 |
0.2 |
6 |
|||
|
Complaints Resulting in Discipline |
0 |
0 |
4 |
6 |
10.2 |
9 |
|
Complaints Outstanding |
57 |
56 |
96 |
77 |
105.6 |
21 |
|
TOTAL |
94 |
97 |
347 |
281 |
329.8 |
104 |
|
*This column represents investigations commenced in
previous years which are being dealt with in the current year |
||||||
Policy/Service Complaint Status:
Thirteen of the eighteen complaints on policy/service were concluded without change to policy or service (five investigated resulted in no action, five were deemed frivolous, vexatious, etc. by the Office of the Independent Police Review Director, three were withdrawn by the complainant). Five remain outstanding at the end of Q3 2011.
This table outlines the complaints that have been resolved. The policy/service complaints completed in the quarter are attached to this report as Annex A.
|
Table
6 Complaint Status - Policy/Service Complaints* |
||||||
|
RESOLUTION |
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR
YEARS** |
|
No Further Action |
1 |
2 |
1 |
5 |
3.4 |
0 |
|
Frivolous,Vexatious, etc. |
1 |
2 |
2 |
5 |
2.5 |
0 |
|
Withdrawn by Complainant |
0 |
1 |
1 |
3 |
3.0 |
0 |
|
Withdrawn by Complainant VADRP |
0 |
0 |
0 |
0 |
0.0 |
0 |
|
Third Party |
0 |
0 |
0 |
0 |
0.0 |
0 |
|
Action Taken |
0 |
0 |
1 |
0 |
0.4 |
0 |
|
Complaints Outstanding |
3 |
5 |
3 |
5 |
2.2 |
0 |
|
TOTAL |
5 |
10 |
8 |
18 |
8.2 |
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.
While the number of SIU investigations received during Q3 increased by 2 over Q3 2010, the year to date total (8) is lower than the year to date total for 2010 (1l), as well as slightly less than the five year average of 9.2.
This table outlines the SIU investigations for the year. The Police Services Board receives a separate report on each SIU case.
|
Table
7 Special Investigations Unit Investigations |
|||||
|
TYPES OF INVESTIGATIONS |
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
5 YR AVG YTD |
|
Death |
1 |
0.8 |
|||
|
Serious Bodily Injury |
3 |
5 |
10 |
8 |
8.4 |
|
Sexual Assault |
0.0 |
||||
|
TOTAL |
3 |
5 |
11 |
8 |
9.2 |
|
Investigations Resolved |
0 |
1 |
7 |
4 |
4.4 |
|
Investigations Ongoing |
3 |
4 |
4 |
4 |
4.8 |
|
TOTAL |
3 |
5 |
11 |
8 |
9.2 |
Public Complaint Reviews
The Police Services Act provides that complainants may seek a review of the Professional Standards Section decision of a public 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 Police Services Board.
Conduct Complaint Reviews:
Two requests for review were received in Q3, bringing the total number for year to date to seven, equal to the number received in 2010. Upon completion of their review the Office of the Independent Police Review Director confirmed the decision in one case and six cases are still under review.
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 by OIPRD |
|||||
|
RESOLUTION |
Q3 2010 |
Q3 2011 |
2010 YTD |
2011 YTD |
2 YR AVG YTD |
|
Confirmed Decision |
0 |
0 |
1 |
1 |
1.0 |
|
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 |
5 |
2 |
6 |
6 |
6.0 |
|
TOTAL |
5 |
2 |
7 |
7 |
7.0 |
Policy/Service Complaint Reviews:
No requests for review of policy/service complaints have been received in 2011.
CONCLUSION
The Professional Standards Section investigates Chief’s and public complaints thoroughly considering conduct, policy and service. The OPS supervisory chain of command is engaged to ensure officer accountability and development.
This quarterly report continues to reflect a decrease in conduct complaints over 2010 and the five year average.
Revisions to policies are prioritized to ensure officers have the best possible guidelines to follow for consistent professional policing.
(Original signed by)
Charles Bordeleau
Acting Chief of Police