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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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22 April 2013 |
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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: |
COMPLAINTS REPORT – PART V, POLICE SERVICES ACT - FIRST QUARTER 2013 |
RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
The process for dealing with police 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, titled “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.
DISCUSSION
Highlights
The most valuable information is gleaned from the analysis of the reported statistics. As each category is provided it will include a statement with respect to the impact on the OPS. The OPS prides itself on serving residents in a professional manner. This includes two days of mandatory use of force training completed by all officers every year. This type of training is undertaken in order to ensure residents are served in the manner they expect and we are pleased to continue to see a decrease in overall complaints.
· Overall complaints are lower than the same time period in 2012 (16.8%) and 13.9% lower than the five year average.
· Total public complaints increased by 30.7% compared to the same time period in 2012 and are 2.7% higher than the five year average.
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.
By the end of the first quarter of 2013, a total of 89 complaints were received representing a decrease of 15 when compared to the same time period in 2012, and 12.4 fewer than the five year average.
Table 1 (below) outlines the number of complaints received in Q1 compared to the same time period in 2012 and the 5 year average.
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TABLE 1 NEW COMPLAINTS |
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Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Public Complaint (Conduct) |
36 |
36 |
47 |
47.0 |
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Public Complaint (Policy or Service) |
3 |
4 |
4 |
2.6 |
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Chief's Complaints |
65 |
38 |
65 |
51.8 |
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TOTAL |
104 |
89 |
104 |
89 |
101.4 |
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.
Conduct Complaints:
The category of ‘conduct complaints’ is broken down to reflect specific allegation types that are tracked.
Table 2 (below) reveals the majority of complaints decreased with the exception of neglect of duty.
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TABLE 2 CONDUCT COMPLAINTS - TYPES OF ALLEGATIONS |
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Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Excessive Force |
5 |
5 |
6.0 |
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Improper Conduct |
83 |
70 |
83 |
70 |
77.4 |
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Neglect of Duty |
12 |
15 |
12 |
15 |
14.8 |
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Firearm Discharge |
1 |
0 |
1 |
0 |
0.6 |
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TOTAL |
101 |
85 |
101 |
85 |
98.8 |
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 complaints to assist in identifying trends, mitigating risk and responding fully to the concerns of the community.
Table 3 (below) shows a breakdown of the six improper conduct sub-classifications along with comparison statistics for Q1 2012 and the five year average.
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TABLE 3 IMPROPER CONDUCT SUB-CLASSIFICATIONS |
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Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Inappropriate Comments/Language |
7 |
8 |
7 |
8 |
9.4 |
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Inappropriate Actions |
33 |
27 |
33 |
27 |
26.2 |
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At Fault Motor Vehicle Collisions |
35 |
28 |
35 |
28 |
29.2 |
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Abuse of Authority |
7 |
5 |
7 |
5 |
10.4 |
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Breach of Confidentiality |
1 |
2 |
1 |
2 |
2.0 |
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Insubordination |
0.2 |
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TOTAL |
83 |
70 |
83 |
70 |
77.4 |
Policy/Service Complaints:
There was one more policy/service complaint received in Q1 2013 when compared to Q1 2012.
Table 4 (below) distinguishes between policy complaints and those relating to service.
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TABLE 4 POLICY/SERVICE COMPLAINTS |
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Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Policy |
1 |
1 |
0.2 |
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Service |
2 |
4 |
2 |
4 |
2.4 |
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TOTAL |
3 |
4 |
3 |
4 |
2.6 |
Complaint Status
All public complaints are processed through the OIPRD. The OIPRD may choose not to have the matters investigated after a review of their merit by determining them to be: frivolous, vexatious; 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 and informal or formal discipline.
Conduct Complaint Status:
In Q1 2013, 85 conduct complaints were received. The following is a breakdown of the complaints:
· 37 cases completed, 3 resulted in informal resolution
· 4 were determined to be either frivolous and vexatious
· 2 over the six month timeline
· 23 did not identify any breach of the Police Services Act or its Code of Conduct, or were deemed to not be in the public interest to do so
· 48 investigations ongoing.
It should be noted that there were three complaints received in previous years that resulted in informal discipline in Q1 2013.
Table 5 (below) outlines the manner in which complaints have been resolved. The shaded areas reflect subtotals and total number of complaints.
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TABLE 5 COMPLAINT STATUS - CONDUCT COMPLAINTS |
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RESOLUTION |
Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR YEARS* |
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Unsubstantiated |
0.6 |
15 |
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Vexatious/Frivolous/Bad Faith |
4 |
4 |
4 |
4 |
9.2 |
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Informal Resolution |
3 |
3 |
3 |
3 |
2.2 |
4 |
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Informal Resolution - VADRP |
0.8 |
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No Further Action |
32 |
23 |
32 |
23 |
21.6 |
19 |
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Withdrawn by Complainant |
2 |
5 |
2 |
5 |
4.6 |
9 |
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Withdrawn by Complainant - VADRP |
0.4 |
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Over Six Months |
1 |
2 |
1 |
2 |
2.2 |
2 |
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Third Party - Not Directly Affected |
0.6 |
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Complaints Not Resulting in Discipline |
42 |
37 |
42 |
37 |
42.2 |
49 |
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Informal Discipline |
1 |
1 |
0.4 |
3 |
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Disciplinary Hearing |
0 |
7 |
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Complaints Resulting in Discipline |
1 |
0 |
1 |
0 |
0.4 |
10 |
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Complaints Outstanding |
58 |
48 |
58 |
48 |
56.6 |
53 |
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TOTAL |
101 |
85 |
101 |
85 |
99.2 |
112 |
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*This column represents investigations commenced in previous years which are being dealt with in the current year |
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Policy/Service Complaint Status:
There were four policy/service complaints received in Q1 2013. Two have been finalized with no action required and two are still under investigation.
Table 6 (below) outlines the complaints resolved in Q1 2013. The policy/service complaints completed in the quarter are attached to this report as Annex A.
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TABLE 6 COMPLAINT STATUS - POLICY/SERVICE COMPLAINTS |
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RESOLUTION |
Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR YEARS* |
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No Further Action |
1 |
2 |
1 |
2 |
1.0 |
0 |
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Frivolous, Vexatious, etc. |
0 |
0 |
0 |
0 |
0.4 |
0 |
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Withdrawn by Complainant |
0 |
0 |
0 |
0 |
0.0 |
2 |
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Withdrawn by Complainant VADRP |
0 |
0 |
0 |
0 |
0.0 |
0 |
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Third Party |
0 |
0 |
0 |
0 |
0.0 |
0 |
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Action Taken |
0 |
0 |
0 |
0 |
0.0 |
0 |
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Complaints Outstanding |
2 |
2 |
2 |
2 |
1.2 |
0 |
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TOTAL |
3 |
4 |
3 |
4 |
2.6 |
2 |
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*This column represents investigations commenced in previous years which are being dealt with in the current year. |
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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.
The Police Services Board receives a separate report on each SIU case. The number of SIU investigations received in Q1 2013 remained the same as in Q1 2012. Table 7 (below) outlines the SIU investigations for Q1 2013.
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TABLE 7 SPECIAL INVESTIGATIONS UNIT INVESTIGATIONS |
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TYPES OF INVESTIGATIONS |
Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Death |
1 |
0 |
1 |
0 |
0.6 |
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Serious Injury |
2 |
3 |
2 |
3 |
2.4 |
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Sexual Assault |
1 |
1 |
1 |
1 |
0.2 |
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TOTAL |
4 |
4 |
4 |
4 |
3.4 |
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Investigations Resolved |
0 |
2 |
0 |
2 |
0.6 |
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Investigations Ongoing |
4 |
2 |
4 |
2 |
2.8 |
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TOTAL |
4 |
4 |
4 |
4 |
3.4 |
Public Complaint Reviews
The Police Services Act provides that complainants may seek a review of the Professional Standards Section decision on a conduct complaint by the OIPRD.
Complainants dissatisfied with the resolution of a policy/service complaint received by OIPRD, may seek a review by the Police Services Board.
Conduct Complaint Reviews:
In Q1 2013 no requests for reviews from complainants were received by OIPRD.
Table 8 (below) outlines the requests for review by OIPRD. A four year average is all that is available at this time.
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TABLE 8 REQUESTS FOR REVIEW BY OIPRD |
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RESOLUTION |
Q1 2012 |
Q1 2013 |
2012 YTD |
2013 YTD |
4 YR AVG YTD |
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Confirmed Decision |
0 |
0 |
0 |
0 |
0.0 |
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Specified Direction |
0 |
0 |
0 |
0 |
0.0 |
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Assigned to Outside Police Service |
0 |
0 |
0 |
0 |
0.0 |
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OIPRD to Investigate |
0 |
0 |
0 |
0 |
0.0 |
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Action to be Taken |
0 |
0 |
0 |
0 |
0.0 |
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Reviews Pending |
3 |
2 |
3 |
2 |
1.8 |
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TOTAL |
3 |
2 |
3 |
2 |
1.8 |
Policy/Service Complaint Reviews:
No requests for policy/service complaint reviews by the Police Services Board have been received in Q1 2013.
CONCLUSION
The Professional Standards Section continues to analyse and address issues that arise from complaints. The OPS uses innovative approaches to resolve complaints and ensure accountability. The Professional Standards Section remains committed to fair, objective investigations completed in a timely fashion.
(Original signed by)
Charles Bordeleau
Chief of Police
Attach. (1)
Responsible for report: Superintendent Terrance Cheslock
