DATE:	22 April 2013
TO/DEST:	Executive Director, Ottawa Police Services Board
FROM/EXP:	Chief of Police, Ottawa Police Service
SUBJECT/OBJET:	PROFESSIONAL STANDARDS SECTION – 2012 ANNUAL REPORT

RECOMMENDATION

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

BACKGROUND

Part V of the Ontario Police Services Act, titled “Complaints and Disciplinary Proceedings” outlines the process for dealing with complaints (Public and Chief’s) of the Service’s policies, the delivery of service, and officer conduct. The Ottawa Police Service (OPS) takes the investigation of complaints seriously with an understanding of the impact of police service, policies and conduct on members of our community.

The Office of the Independent Police Review Director (OIPRD) and the Ottawa Police Service’s Professional Standards Section (PSS) are involved in the administration of the complaints process.

Office of the Independent Police Review Director:

The OIPRD, an agency of the Ontario Ministry of the Attorney General, ensures that public complaints in Ontario are dealt with fairly, efficiently and effectively. The OIPRD manages all public complaints determining whether the complaint will be investigated and by whom. In September 2012, the OIPRD Director attended an Ottawa Police Services Board (PSB) meeting. A presentation was given to members of the PSB, police and community to further educate attendees on the public complaint process.

Section 60 of the Police Services Act provides criteria under which the OIPRD may dismiss a complaint:

· The complaint is made more than six months after the facts, on which it is based, occurred;

· The complaint is frivolous, vexatious, etc

· The complaint was not affected by the policy, service or conduct of an officer.

At the conclusion of an investigation a final report is provided to the complainant detailing the investigation and the results. Possible investigative outcomes include:

· A conduct complaint may be substantiated and a determination of whether it is “serious” or “less serious” is then required to meet the requirements of the Police Services Act. There must be reasonable grounds to believe that misconduct has occurred and it must be more than mere suspicion of misconduct, and be based on factual evidence.

· Complaint may be deemed ‘unsubstantiated’ but can only be found to be unsubstantiated following a complete and thorough investigation that has determined that there is no misconduct or breach of the police code of conduct.

If the complainant does not agree with the outcome of an investigation they may request a review of the decision to the OIPRD. Once the OIPRD has reviewed an investigation, the decision is considered final.

Ottawa Police Service Professional Standards Section:

As delegated by the Chief of Police, PSS has the authority to investigate and facilitate the resolution of complaints internally generated (Chief’s complaints). Public complaints are generated through OIPRD.

Investigations are conducted thoroughly having regard for their sensitive nature. Members of PSS understand that the manner in which a complaint is handled not only impacts complainants and the officers, but also reflects directly on the integrity of the OPS and its position of trust within the community.

As encouraged by the OIPRD, PSS has a 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. PSS will continue to work collaboratively with the OIPRD to ensure proper civilian oversight is facilitated.

DISCUSSION

The following provides an overview of key measures and highlights tracked by PSS and a brief interpretation.

Complaint Statistics:

In 2012, 207 public complaints were received. This is approximately 5 percent lower than the level experienced in 2011 (218) and is lower than the ten year average of 221 public complaints per year.

It is important to understand the number of complaints and their outcomes. This is especially relative in the context of the number of calls for service the OPS responds to annually and the number of officers employed. In 2012, OPS responded to 374,409 calls for service and employed 1,357 officers. The number of public complaints represents one complaint per officers (.15) and less than one complaint per 1,000 calls for service (.55).

Figure 1 (below) illustrates the total number of public complaints received annually over the past ten years.

Figure 1: Total public complaints received by the Ottawa Police Service (2003-2012)

Figure 2 (below) illustrates the number of Chief’s complaints initiated (186) declined for the third year in a row and remained below the ten year average of 213.

Figure 2: Total chief's complaints received by the Ottawa Police Service (2003-2012)

Table 1 (below) illustrates the total percentage change year over year for the last ten years for public and chief’s complaints.

Table 1: Complaints received by type

	Public Complaint	% Change	Chief's Complaint	% Change
2003	219	N/A	237	N/A
2004	218	-0.5%	185	-21.9%
2005	233	6.9%	186	0.5%
2006	204	-12.4%	174	-6.5%
2007	247	21.1%	235	35.1%
2008	237	-4.0%	290	23.4%
2009	155	-34.6%	255	-12.1%
2010	272	75.5%	199	-22.0%
2011	218	-19.9%	187	-6.0%
2012	207	-5.0%	186	-0.5%

Figure 3 (below) illustrates the total number of Public and Chief’s complaints received during the period 2003 to 2012.

An annual average of 434 complaints (both Chief’s and Public), were processed by the Ottawa Police Service over the past ten years. In 2012 there were 393 complaints processed, 12 complaints less than 2011. This represents a decrease of 3%.

Figure 3: Total complaints received by the Ottawa Police Service 2003-2012

Classification of Complaints:

The Ottawa Police Service classifies each conduct complaint based on the type of allegation that is made. Where there is more than one allegation, the most serious allegation is used to classify the complaint. The classification provides an idea of the types of situations that generate complaint investigations.

Table 2 (below) reveals that the majority of the complaints decreased with the exception of improper conduct.

Table 2: Classification of Complaints

Classification	2008	2009	2010	2011	2012		5 Year Average	% Change 2011-2012
Excessive Force	54	30	50	31	22	37.4		-29%
Improper Conduct	362	292	342	287	302	317		5%
Neglect of Duty	97	71	66	64	52	70		-19%
Firearm Discharge	7	7	3	0	2	3.8		N/A
Policy/Service Complaints	7	10	10	23	15	13		-35%
Total	527	410	471	405	393	441.2		-3%

Improper Conduct Sub-classifications:

Improper conduct complaints include a broad spectrum of allegations including inappropriate actions such as unauthorized search and seizure, red light camera infractions, poor judgment, at fault motor vehicle collisions, abuse of authority, breach of confidentiality, and insubordination. Inappropriate actions increased from 78 in 2011 to 131 in 2012.

Table 3 (below) illustrates the breakdown of the six improper conduct sub-classifications along with comparative statistics for the past five years. The main reason for the increase in “inappropriate actions” was due to an increase in red light camera infractions in 2012 (which in real numbers increased from 32 to 55). In 43 of the cases officers were responding to calls for service.

Table 3: Improper Conduct Sub classifications

Improper Conduct Sub-classifications	2008	2009	2010	2011	2012	5 Year Average	% Change 2011-2012
Inappropriate Comments/Language	52	34	60	39	32	43.4	-18%
Inappropriate Actions	82	79	121	78	131	98.2	68%
At Fault Motor Vehicle Collisions	167	130	91	121	96	121.0	-21%
Abuse of Authority	50	39	59	35	37	44.0	6%
Breach of Confidentiality	11	10	7	13	6	9.4	-54%
Insubordination	0	0	4	1	0	1.0	-100%
Total	362	292	342	287	302	317.0	5%

Conduct Complaint Resolution:

In 2012, the OIPRD received 207 public complaints, 192 were classified as conduct and 15 classified as service and policy. The OIPRD dismissed 74 of the 192 conduct complaints as frivolous, vexatious, over six months limitation, or no further action as it was not in the best interest of the public to proceed.

In 2012, 38 complainants chose to withdraw their complaint. This may be in part due to PSS investigators’ intervention. In the remaining 80 cases, discipline was determined appropriate in twelve of the public complaints in 2012. Those cases that resulted in discipline represent 3 percent of the total conduct complaints which is well below the five year average of 16.2 percent.

Table 4 (below) displays the resolution of conduct complaints made against OPS officers for the years 2008 to 2012.

Table 4: Conduct Complaint Resolution

Conduct Complaint Resolution	2008	2009	2010	2011	2012	5 Year Average	% Change 2011-2012
Unsubstantiated	60	41	61	45	28	47	-38%
Frivolous, Vexatious, etc.	24	27	76	39	17	36.6	-56%
Withdrawn by Complainant	27	17	40	45	32	32.2	-29%
Withdrawn by Complainant - VADRP	0	3	6	2	6	3.4	200%
No Further Action	159	123	139	149	148	143.6	-1%
Informal Resolution	43	34	18	18	33	29.2	83%
Informal Resolution - VADRP	16	13	0	0	0	5.8	N/A
Over Six Months	15	4	21	17	8	13	-53%
Third Party - Not Directly Affected	13	6	1	0	1	4.2	N/A
Subtotal - Complaints Not Resulting in Discipline	357	268	362	315	273	315	-13%
Informal Discipline	28	20	8	8	12	15.2	50%
Disciplinary Hearing	1	2	1	1	0	1	-100%
Subtotal - Complaints Resulting in Discipline	29	22	9	9	12	16.2	33%
Subtotal - Complaints Under Investigation at Year End	134	110	90	58	93	97	60%
Total	520	400	461	382	378	428.2	-1%

Policy or Service Complaint Resolution:

Table 5 (below) displays the resolution of policy and service complaints received over the past five years. Of the 15 policy and service complaints received in 2012, 13 were resolved by the end of the year. One was screened out by OIPRD at intake as it was deemed to be frivolous, vexatious, or not directly affecting the complainant (third party). Eight were withdrawn by the complainant. Three resulted in no action being taken, one of which resulted in a review by the Ottawa Police Service Board. One resulted in being unsubstantiated, and two remain under investigation at year end.

Table 5: Policy or Service Complaint Resolution

Policy or service complaint resolutions	2008	2009	2010	2011	2012	5 Year Average	% Change 2011-2012
Actioned Policy and/or Service Complaints	0	1	2	2	1	1.2	-50%
No Further Action	6	4	3	4	3	4	-25%
Frivolous, Vexatious, etc.	0	1	2	5	1	1.8	-80%
Withdrawn by Complainant	0	0	3	6	8	3.4	33%
Withdrawn by Complainant - VADRP	0	0	0	0	0	0	N/A
Third Party	0	0	0	1	0	0.2	-100%
Policy or Service Complaints Under Investigation at Year End	1	4	0	5	2	2.4	-60%
Total	7	10	10	23	15	13	-35%

Requests for Review by OIPRD:

Upon the conclusion of an investigation by the OPS, the complainant has 30 days to request a review by OIPRD if they disagree with the findings.

As indicated in Table 6 (below) five requests for review were received in 2012, four less than 2011. In three of these complaints the OIPRD was satisfied with the investigation conducted by OPS and confirmed the decisions. In no cases did OIPRD direct specific action to be taken to further the investigation. Two complaints remained under review by OIPRD at the end of the year.

Note: Prior to 2010 there were no requests for reviews by OIPRD, therefore only a three year average is available.

Table 6: Request for Review by OIPRD

Requests for Review by OIPRD Resolutions	2009	2010	2011	2012	3 Year Average	% Change 2011-2012
Confirmed Decision	n/a	4	6	3	4.33	-50%
Specified Direction	n/a	1	1	0	0.67	-100%
Assigned to Outside Police Service	n/a	0	0	0	0	N/A
OIPRD to Investigate	n/a	0	0	0	0	N/A
Action to be Taken	n/a	0	0	0	0	N/A
Reviews Pending	n/a	5	2	2	3	0%
Total	n/a	10	9	5	8	-44%

Official Language Complaints:

The Ottawa Police Services Board Policy CR-11 requires that official language complaints be reported in the annual report. In 2012, there were no official language complaints received.

Voluntary Alternative Dispute Resolution Program (VADRP):

The VADRP is a mechanism to resolve public complaints and internal personnel issues through the use of an independent mediator. Mediation allows the parties to share their perspectives of their interaction in a neutral setting and offers a personal resolution to the complaint rather than the formal investigative process. Parties often feel better prepared to move forward with a positive attitude toward police as they feel they have been heard and have gained additional information and insight into police actions.

In 2012, a total of twenty one public complaints were considered for VADRP. By year end six of these were successfully resolved and three were returned for a formal Part V investigation. In eleven of the remaining cases considered for dispute resolution either the officer or the complainant declined to participate in mediation. No cases were in the VADRP process at year end.

Police Services Act Hearings:

Four investigations commenced in 2012 that resulted in Police Services Act notices of hearings. Four are still pending, bringing the total number of hearings in the formal discipline process to twenty-three.

Eight hearings concluded in 2012. A total of 15 hearings were still in the formal hearing process at year end.

Requests for Appeal of Hearing Decisions:

Under section 87(1) of the PSA, the officer may appeal a conviction to the Ontario Civilian Police Commission (OCPC).

An appeal was sought for a 2012 PSA hearing decision. The OCPC granted the hearing and varied the Hearing Officer’s decision on penalty. A request for a Judicial Review for a PSA decision in 2010 was denied by the Ontario Superior Court of Justice, Divisional Court.

Criminal Offence Cases:

In 2012, four officers were charged with criminal charges including two charged by the Special Investigations Unit. The total number of OPS officers under criminal charge during 2012 totalled six. By the end of 2012, two cases were withdrawn through the criminal courts and four officers remained under criminal charge.

Special Investigations Unit (SIU) Investigations:

The provincial Special Investigations Unit is legislated to investigate the circumstances of serious injury or death and sexual assault that may have resulted through criminal offences committed by a police officer. Section 11 of Ontario Regulation 268/10 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, services and the officer’s conduct.

In 2012, the SIU invoked its mandate in 18 incidents. By year end, the SIU concluded fourteen investigations with no action being taken as there were no reasonable grounds to believe that the officers committed a criminal offence. In two incidents where the SIU invoked their mandate and following preliminary enquires, exercised its discretion, and terminated the investigations advising no reports would be filed with the Attorney General.

Suspension Cases:

The Police Services Act provides that a Chief of Police can, in the most serious of matters, suspend a police officer. Suspensions are treated very seriously and only occur after careful assessment of the case. If the Chief of Police does not believe that the best approach is to seek dismissal, it is important for the member to contribute to the OPS in a meaningful way while the matter is resolved. The OPS approach includes providing members meaningful assignments regardless of being under investigation or facing serious discipline.

Four officers were suspended during 2012, bringing the total number of officers under suspension to five. By year’s end one officer returned to active duty while four remained under suspension.

Other notable issues:

PSS works in collaboration with the Professional Accountability and Corporate Excellence Committee (PACE). If a PSS investigation identifies deficiencies in processes, policy and procedure, a recommendation is made to PACE for a comprehensive review and consideration of risk mitigation. Recommendations by PACE from these reviews are assigned to the specific sections for follow-up. Often this results in process improvements and better communication of procedures. In 2012, a total of two PSS referrals made to PACE produced recommendations for improvements. The recommendations have been implemented.

CONCLUSION

The OPS prides itself on serving residents in a professional manner. We emphasize the value of courteous, respectful and effective service to residents. As part of our ongoing commitment to ensure service is delivered in the manner residents expect we conduct training to reinforce these values. This includes two days of mandatory use of force training completed by all officers every year.

We are pleased to continue to see a decrease in overall complaints.

Complaints still occur and when they do, we take them seriously. As Chief, I am cognizant of the importance of the public trust and the community’s confidence that complaints will be investigated in a complete, impartial and open manner.

The Ottawa Police Service PSS investigates and facilitates the resolution of all complaints. PSS completes investigations in a transparent, confidential and timely manner and has taken a risk management approach to complaint resolutions through the use of mediation, policy reviews and case conferences.

The PSS recognizes the impact of police behaviour and conduct on the community members we are committed to serving and the officers involved.

(Original signed by)

Charles Bordeleau

Chief of Police

Responsible for report: Superintendent Terrance Cheslock