DATE:	30 July 2012
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 2012**

RECOMMENDATION

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

BACKGROUND

The Ottawa Police Service (OPS) considers all complaints, public and Chief’s, regarding policies, the delivery of service, and officer conduct as an opportunity to ensure its practices meet the highest standards and service to the community meets expectations. The process for dealing with complaints is outlined in Part V of the Ontario Police Services Act, entitled “Complaints and Disciplinary Proceedings” and is managed through the Office of the Chief Directorate and the Professional Standards Section.

The following report will provide comparisons in specific complaint types over those reported during the same time period for the previous year, and the five year average to add context. 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 from the same time period for the previous year to highlight increases and decreases.

DISCUSSION

Highlights

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

· Overall complaints are slightly higher than the same time period in 2011 (2.6%) but are 8.9% lower than the five year average.

· Total public complaints decreased by 5.6% when compared to the same time period in 2011 and are 7.3% lower than the five year average.

· Chief’s complaints increased by 12.6% when compared to the same time period in 2011 however they are 14.9% lower than the five year average.

· Excessive force complaints are 36.8% lower than the same time period last year and are 24.5% lower than the five year average.

Further details and statistical analysis are provided below with respect to specific categories.

New Complaints

Complaints about policy, service or conduct are received from members of the public through the Office of the Independent Police Review Director (OIPRD) and may also be initiated internally as Chief’s complaints.

There were a total of 199 complaints received by the end of the second quarter of 2012, an increase of 5 complaints when compared to the same time period in 2011and 25.2 fewer than the five year average.

By the end of the second quarter 2012 complaints filed by members of the public relating to officer conduct declined (-6) when compared to the same time period in 2011and 11.6 complaints lower than the five year average.

Policy/service complaints filed by members of the public showed a minimal increase (1) over 2011 second quarter totals but are 4.6 complaints higher than the five year average.

Chief’s complaints increased by 10 over 2011 totals, but remained 14.9% (17.2) lower than the five year average of 115.2.

The following table outlines the number of new complaints received in Q2 compared to the same time period last year.

Table 1 New Complaints

Q2 2011

Q2 2012

2011 YTD

2012 YTD

5 YR AVG YTD

Public Complaint (Conduct)

103.6

Public Complaint (Policy or Service)

5.4

Chief's Complaints

115.2

TOTAL

194

199

224.2

Classification of Complaints

Complaints received by the OPS are reported and tracked by complaint type to add value to analytical data. Tracking the data allows analysis on emerging trends, and identifies spikes and dips that can be further analysed to isolate the period impacted and other variables that may account for the change. It also provides an early opportunity to respond with methods to stabilize the trend such as revision to policy, training, or appropriate communication. 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 (below) illustrates that 190 conduct complaints were received by the end of Q2 2012 (4 more than 2011 and 28.8 fewer than the five year average of 218.8).

Excessive force complaints totalled 12 at the end of Q2 2012, 7 fewer than the 2011 number of 19 and 4.6 fewer than the five year average of 16.6.

Improper conduct allegations increased by 13 when compared to Q2 2011, but remain lower than the five year average of 162.4.

Neglect of duty allegations declined slightly from 34 in 2011 to 31 in 2012, a reduction of 3 over 2011and 6.8 lower than the five year average of 37.8.

There was one firearm discharge investigated in 2012, after zero in 2011.

This table breaks down the conduct complaints by way of specific allegation.

Table 2 Conduct Complaints – Types of Allegations

Q2 2011

Q2 2012

2011 YTD

2012 YTD

5 YR AVG YTD

Excessive Force

16.6

Improper Conduct

133

146

162.4

Neglect of Duty

37.8

Firearm Discharge

2.0

TOTAL

186

190

218.8

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 complaint, recognize trends and to address the concerns of the community. Averages are provided over the three years here due to limited data.

While inappropriate comments/language saw a slight increase of 2 over the 2011 total, they were 6.2 lower than the five year average.

Inappropriate Actions increased by 13 over 2010 and were 9.4 higher than the five year average. Approximately 41% of the inappropriate actions can be attributed to 22 red light camera infractions. Each case is investigated and a review of these incidents found that, in the majority of cases, officers were responding to priority one calls. Officers were reminded of their responsibility under the Highway Traffic Act to stop at a red light prior to proceeding through the intersection on an emergency call. The OPS is committed to progressive discipline, where officers are held accountable by their chain of command for first offences. There has been no recidivism in these matters.

Two improper conduct sub-classifications [at fault motor vehicle collisions (-2), and breach of confidentiality (-2)] exhibited a decrease when compared to 2011.

There were two less breach of confidentiality allegations when compared to 2011

There were no insubordination allegations, the same as in 2011.

Table 3 below provides a breakdown of the improper conduct sub-classifications.

Table 3 Improper Conduct Sub-classifications

Q2 2011

Q2 2012

2011 YTD

2012 YTD

5 YR AVG YTD

Inappropriate Comments/Language

22.2

Inappropriate Actions

43.6

At Fault Motor Vehicle Collisions

66.6

Abuse of Authority

23.0

Breach of Confidentiality

5.0

Insubordination

0.4

TOTAL

133

146

160.8

Policy/Service Complaints:

There were a total of 9 policy/service complaints in 2012, an increase of one over 2011 and 3.6 more than the five year average of 5.4. Policy/service complaints continue to represent a small portion (4.5%) of the total complaints received.

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

Table 4 Policy/Service Complaints*
	Q2 2011	Q2 2012	2011 YTD	2012 YTD	5 YR AVG YTD
Policy	0	0	0	1	0.2
Service	4	6	8	8	5.2
TOTAL	4	6	8	9	5.4
*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 OIPRD and are evaluated based on standard 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; or not directly affected.

Chief’s complaints are investigated to determine officer misconduct, compliance with OPS policy and service expectations.

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:

Professional Standards investigations are conducted in a transparent manner that ensures the concerns of the complainant are fully addressed. This includes an explanation of relevant legislation and policy and procedures to provide context to the officer’s actions. Of the 190 conduct complaints received in 2012, 113 were resolved by the end of the second quarter. Of these, 110 did not result in formal discipline while three resulted in informal discipline, representing 59.5 % of the total conduct complaints received. In cases where the complainant does not agree with the findings of the PSS investigation, the complainant may request a review through OIPRD. Requests for review will be spoken to later in the report. The OIPRD deemed 34 complaints to be either frivolous, vexatious, etc. (10), over the six month statutory limitation (7), third party complaints (1) or they did not identify any breach of the Police Services Act or its Code of Conduct (16). Investigations remain ongoing in 77 complaints.

There were 15 complaints resolved through informal resolution to the complainant’s satisfaction, reflecting an increase of 9 (150%) over 2011 and 2.8 more than the five year average.

A total of 10 complaints were withdrawn by the complainant, three of which were processed through the Voluntary Alternative Dispute Resolution Program (VADRP). While the number of withdrawals is considerably lower than during 2011 they are more in line with the five year average of 10.2 complaints.

Three complaints resulted in informal discipline, no change over 2011 and lower than the five year average of 5.6.

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

Table 5 Complaint Status – Conduct Complaints
RESOLUTION	Q2 2011	Q2 2012	2011 YTD	2012 YTD	5 YR AVG YTD	CARRYOVER PRIOR YEARS*
Unsubstantiated	2	1	11	4	10.8	17
Frivolous, Vexatious, etc.	8	6	24	10	19.8	0
Informal Resolution	3	1	6	15	12.2	4
Informal Resolution – VADRP	0	0	0	0	3.0	0
No Further Action	16	17	45	63	56.0	19
Withdrawn by Complainant	5	0	20	7	10.2	5
Withdrawn by Complainant – VADRP	0	3	0	3	3.0	3
Over Six Months	7	6	11	7	9.2	2
Third Party - Not Directly Affected	0	1	0	1	2.0	0
Complaints Not Resulting in Discipline	41	35	117	110	126.2	50
Informal Discipline	2	0	3	3	5.6	3
Disciplinary Hearing	0	0	0	0	0.0	3
Complaints Resulting in Discipline	2	0	3	3	5.6	6
Complaints Outstanding	51	53	66	77	88.4	19
TOTAL	94	88	186	190	220.2	75
*This column represents investigations commenced in previous years which are being dealt with in the current year

Policy/Service Complaint Status:

Nine policy/service complaints were received during the first two quarters of 2012, up one from 2011. Of the five finalized complaints in this category no action was taken in one case and in three cases the complainant chose to withdraw the complaint. In one case OIPRD deemed the complaint to be frivolous. Four complaints remain under investigation.

Table 6 outlines the complaints that have been resolved in Q2. The policy/service complaints completed in the quarter are attached to this report as Attachment 1.

Table 6 Complaint Status – Policy/Service Complaints*
RESOLUTION	Q2 2011	Q2 2012	2011 YTD	2012 YTD	5 YR AVG YTD	CARRYOVER PRIOR YEARS**
No Further Action	0	0	2	1	1.2	1
Frivolous,Vexatious, etc.	1	1	3	1	1.0	0
Withdrawn by Complainant	1	2	1	3	1.0	2
Withdrawn by Complainant VADRP	0	0	0	0	0.0	1
Third Party	0	0	0	0	0.0	0
Action Taken	0	0	0	0	0.2	1
Complaints Outstanding	2	3	2	4	2.0	0
TOTAL	4	6	8	9	5.4	5
*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 or death and allegations of sexual assault.

As illustrated in Table 7 below eight SIU files were received in the first two quarters of 2012, five more than those received during the same time period in 2011 (3), and, above the five year average of 5.8. Two cases have been resolved with no criminal wrongdoing identified by the SIU, and six remain ongoing.

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	Q2 2011	Q2 2012	2011 YTD	2012 YTD	5 YR AVG YTD
Death	0	0	0	1	0.8
Serious Injury	2	4	3	6	4.8
Sexual Assault	0	0	0	1	0.2
TOTAL	2	4	3	8	5.8
Investigations Resolved	0	0	0	3	2.0
Investigations Ongoing	2	4	3	5	3.8
TOTAL	2	4	3	8	5.8

Public Complaint Reviews

The Police Services Act provides a process where complainants, disappointed or concerned with the outcome of an investigation, may seek a review of the Professional Standards Section decision on conduct complaints by the OIPRD.

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

Conduct Complaint Reviews:

There were four requests for review by OIPRD, one less than 2011, similar to the three year average of 3.7. (OIPRD came into effect in October 2009 so there is only three years of data available). In three cases OIPRD confirmed the decision of OPS and one case remains under review.

The following table represents the requests for review by OIPRD and how they were resolved. A three year average is all that is available at this time.

Table 8 Requests for Review by OIPRD
RESOLUTION	Q2 2011	Q2 2012	2011 YTD	2012 YTD	3 YR AVG YTD
Confirmed Decision	0	0	0	3	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	3	1	5	1	2.7
TOTAL	3	1	5	4	3.7

Policy/Service Complaint Reviews:

No requests for review by the Police Service Board of policy/service complaints have been received in 2011.

CONCLUSION

Our duty to the complainant, OPS members, oversight bodies and the community demands we continue to address allegations of misconduct and service and policy complaints thoroughly and in a timely manner. The Office of the Chief Directorate and Professional Standards are reviewing protocols and current practices to ensure a consistent, fair, objective investigative process and progressive discipline.

(Original signed by)

Charles Bordeleau

Chief of Police

Attach. (1)