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REPORT

RAPPORT


 

DATE:

 

28 October 2013

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 -

   THIRD QUARTER 2013

 

 

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 meets community expectations.

 

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.

 

DISCUSSION

 

In Q3, the OPS Professional Standards Section (PSS) engaged in a number of improvement strategies in response to the Office of the Independent Police Review Director (OIPRD) Compliance Review received in August 2013.  Posters and brochures, previously kept behind the counter at police facilities, are now available in lobby areas.  Information is now available in both official languages and documents are accessible at all Community Police Centres.  In addition, a workshop by the OIPRD Outreach Education Advisory Section was held with front desk personnel.

 

Highlights

 

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

 

·         Overall complaints are higher than the same time period in 2012 (increase of 32%) and 3% higher than the five year average.

·         Total public complaints increased by 55% when compared to the same time period in 2012 and are 12% higher than the five year average.

·         Chief’s complaints have increased by 6%; however, they are 9% lower than the five year average.

·         Conduct complaints increased 33% and are 5% higher than the five year average.

·         In Q3 2013, PSS completed 138 investigations.

·         Out of the 96 total complaints received in Q3, 38% did not result in formal/informal discipline.

 

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 OIPRD and may also be initiated internally as Chief’s complaints.

 

By the end of Q3 2013, 283 complaints have been received. This represents an increase of 4% when compared to the same time period in 2012. 

 

Table 1 (below) outlines the number of new complaints received in Q3 2013 when compared to the same time period last year. 

 

TABLE 1 NEW COMPLAINTS



Q3 2012

Q3 2013

2012 YTD

2013 YTD

5 YR AVG

Public Complaint (Conduct)

35

56

127

153

48.4

Public Complaint (Policy or Service)

3

3

12

9

4.4

Chief's Complaints

35

37

134

121

40.6

TOTAL

73

96

273

283

93.4

 

Classification of Complaints

 

The Police Services Act provides the mechanism for addressing complaints in relation to the conduct of an individual officer(s) and complaints related to the policies or services provided by the police service.

 

Complaints received by the OPS are reported and tracked by specific allegation type to add value to statistical data analysis.

 

Table 2 (below) reveals that there was a 33% increase in the total number of conduct complaints as compared to Q3 2012.


 

TABLE 2 CONDUCT COMPLAINTS - TYPES OF ALLEGATIONS

Q3 2012

Q3 2013

2012 YTD

2013 YTD

5 YR AVG YTD

Excessive Force

7

11

19

22

10.6

Improper Conduct

55

67

202

208

64.0

Neglect of Duty

7

14

38

42

13.6

Firearm Discharge

1

1

2

2

0.8

TOTAL

70

93

261

274

89.0

 

Conduct Complaints

 

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

 

There was an increase of four complaints in excessive force as compared to Q3 2012; however, this is only insignificantly above the five year average.

 

Improper conduct complaints increased by 12 complaints to a total of 67 in Q3 2013 compared to 55 in Q3 2012. This, however, is more aligned with the five year average of 64. 

 

Neglect of duty complaints totalled 14 in Q3 2013; seven more than there were in Q3 2012.

 

The number of firearms discharge has remained unchanged at one for both Q3 2013 and Q3 2012.

 

Table 3 (below) breaks down the improper conduct complaints by way of specific allegation type.

TABLE 3 IMPROPER CONDUCT- SUB-CLASSIFICATIONS

Q3 2012

Q3 2013

2012 YTD

2013 YTD

5 YR AVG  YTD

Inappropriate Comments/Language

8

11

24

25

11.2

Inappropriate Actions

27

26

81

79

23.6

At Fault Motor Vehicle Collisions

12

22

67

80

21.2

Abuse of Authority

8

8

27

19

7.2

Breach of Confidentiality

0

0

3

4

0.8

Insubordination

0

0

0

1

0.0

TOTAL

55

67

202

208

64.0

 

In Q3 2013, improper conduct complaints comprise a significant portion (72%) of the total conduct complaints received from members of the public.  Due to this high representation, in 2008, this category was further divided into sub-classifications to better track what type of behaviour was generating the complaint, recognize trends and address community concerns.

 

There has been an increase in the number of at fault motor vehicle collisions. In Q3 2012 there were 12; however, for Q3 2013 there were 22. At fault motor vehicle collisions represents 33% of the total improper conduct complaints. A number of these at fault motor vehicle collisions took place in the under-ground parking garage at 474 Elgin Street while it was undergoing construction.

 

Abuses of authority (8), breach of confidentiality (0) and insubordination (0) have all remained unchanged when compared to Q3 2012. Abuse of authority is slightly above the five year average of 7.2 and breach of confidentiality and insubordination are in line with their five year averages of 0.8 and 0.0, respectively.

 

Policy/Service Complaints

 

As Table 4 (below) indicates, there were a total of three policy/service complaints in Q3 2013.

 

 

TABLE 4 POLICY/SERVICE COMPLAINTS

Q3 2009

Q3 2010

Q3 2011

Q3 2012

Q3 2013

5 YR AVG

Policy

1

1

2

0

1

1.0

Service

1

4

7

3

2

3.4

TOTAL

2

5

9

3

3

4.4

 

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, etc.; over six months; or 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:

 

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. In Q3 2013, 93 conduct complaints were received. The following is a breakdown of the complaints:

 

 

Table 5 (below) 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

Q3 2009

Q3 2010

Q3 2011

Q3 2012

Q3 2013

5 YR AVG

    Unsubstantiated

1

0

2

0

0

0.6

   Frivolous, vexatious, etc.

3

15

9

4

8

7.8

    Informal Resolution

2

0

2

3

1

1.6

    Informal Resolution - VADRP

0

0

0

0

0

0.0

    No Further Action

11

11

18

17

21

15.6

    Withdrawn by Complainant

1

8

7

1

5

4.4

    Withdrawn by Complainant - VADRP

0

0

0

0

0

0.0

    Over Six Months

1

3

4

0

1

1.8

   Third Party - Not Directly Affected

0

0

0

0

0

0.0

Complaints Not Resulting in Discipline

19

37

42

25

36

31.8

    Informal Discipline

0

0

0

1

0

0.2

    Disciplinary Hearing

0

0

0

0

0

0.0

Complaints Resulting in Discipline

0

0

0

1

0

0.2

Complaints Outstanding

69

58

57

44

57

57.0

TOTAL

88

95

99

70

93

89.0

 

Policy/Service Complaint Status:

 

Three policy/service complaints were received in Q3 2013. One has been withdrawn by the complainant and two are pending investigation. Further, two service complaints were completed in Q3, and are attached to this report as Attachment 1.

 

TABLE 6 COMPLAINT STATUS - POLICY/SERVICE COMPLAINTS*

RESOLUTION

Q3 2009

Q3 2010

Q3 2011

Q3 2012

Q3 2013

5 YR AVG

No Further Action

0

2

1

1

0

0.8

Vexatious/Frivolous/Bad Faith

0

0

2

0

0

0.4

Withdrawn by Complainant

0

0

1

2

1

0.8

Withdrawn by Complainant VADRP

0

0

0

0

0

0.0

Third Party

0

0

0

0

0

0.0

Action Taken

0

0

0

0

0

0.0

Complaints Outstanding

2

3

5

0

2

2.4

TOTAL

2

5

9

3

3

4.4

 

*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. 

 

The Police Services Board receives a separate report on each closed SIU case. Three SIU investigations were received in Q3 2013, the same as Q3 2012.

 

Table 7 (below) outlines the SIU investigations for Q3 2013. 

 

TABLE 7 SPECIAL INVESTIGATIONS UNIT INVESTIGATIONS

TYPES OF INVESTIGATIONS

Q3 2009

Q3 2010

Q3 2011

Q3 2012

Q3 2013

5 YR AVG

Death

0

0

0

0

1

0.2

Serious Injury

3

3

5

3

2

3.2

Sexual Assault

0

0

0

0

0

0.0

TOTAL

3

3

5

3

3

3.4

Investigations Resolved

1

0

1

2

0

0.8

Investigations Ongoing

2

3

4

1

3

2.6

TOTAL

3

3

5

3

3

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:

 

There were five requests for review by OIPRD in Q3 2013, four more than in Q3 2012, slightly higher than the 4 year average of 3.3.  Four of the reviews remain pending. The fifth, returned an upholding of the PSS decision with regard to three of the four involved officers. PSS was required to provide further information regarding the fourth involved officer.  The required information was submitted to the OIPRD; the results are still pending.

 

The following table represents the requests for review by OIPRD and how they were resolved. 

                                   TABLE 8 REQUESTS FOR REVIEW BY OIPRD*




RESOLUTION

Q3 2010

Q3 2011

Q3 2012

Q3 2013

4 YR AVG

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

5

2

1

5

3.3

TOTAL

5

2

1

5

3.3

*4 year average as there was no request for review option available prior to 2010

 

Policy/Service Complaint Reviews:

 

No requests for review by the Police Service Board of policy/service complaints have been received in Q3 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 the report:  Superintendent Terry Cheslock


 

 

OPS_Crest_Logo_1_RGB_300dpi_EN                                ATTACHMENT 1                                                                    

 

 

 

 


PUBLIC COMPLAINTS

PART V- POLICE SERVICES ACT

DETAILS OF POLICY AND/OR SERVICE COMPLAINT INVESTIGATIONS

 

 

Complaint #:                        13-0345

Date of Incident:                 17 May 2013

Date of Complaint:             05 July 2013

Date Completed:                05 August 2013

 

Summary of Complaint:

 

The complainant was frustrated with the level of service and follow-up her case had received. The complainant was seeking assistance with regard to assistance from Partner Assault and SACA regarding and ongoing CAS file.

 

Summary of Findings and Actions Taken:

 

PSS followed up with the complainant, explained the involvement of OPS in CAS files, and upon clarification, the complainant was satisfied that PSS had addressed their concerns, and withdrew their complaint.

 

 


 

Complaint #:                        13-0254

Date of Incident:                 05 May 2013

Date of Complaint:             08 May 2013

Date Completed:                10 July 2013

 

Summary of Complaint:

 

The complainant called into the OPS Call Centre to report drag racing. The complainant was advised that a request for increased patrols could not be entered and that the complainant would have to call when the incident was occurring. The complainant was dissatisfied with this recommendation.

 

Summary of Findings and Actions Taken:

 

The investigation determined that the call taker acknowledged that she could have done more to assist the complainant. Traffic policy reminders were sent out to the Communication and Call Centre staff to reiterate Sectional Operational Procedures. Following this investigation, the complainant was satisfied and formally withdrew the complaint.