DATE:	28 April 2014
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* – 2013 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 OPS Professional Standards Section (PSS) are involved in the administration of the complaints process.

Office of the Independent Police Review Director

The Office of the Independent Police Review Director (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 November 2013, the OIPRD Director attended Ottawa and met with members of the Executive Command to further foster the working relationship between the OIPRD and the OPS.

Furthermore, outreach training was provided by OIPRD to front desk services in September 2013.

Customer Service Resolutions

In April 2013, a new initiative, Customer Service Resolutions (CSR), was introduced by the OIPRD. The OIPRD’s CSR program provides an opportunity for complainants and respondent officers to voluntarily resolve complaints before they are formally screened under the Police Services Act (PSA). Successful resolutions can be powerful learning opportunities that can have lasting positive effects on both complainants and respondent officers. CSR is a confidential process where the parties exchange perspectives to understand what happened, discuss their concerns and take an active part in resolving the issues. Successful mediations are documented as “resolved” and are not included as a public complaint. In April, OIPRD provided a one day training session to members of the PSS.

In 2013, 16 CSR files were referred to the OPS; ten of the 16 were successfully resolved.

OIPRD Mediation

In November 2013, the OIPRD launched the Mediation for Public Complaints Program. Mediation is a voluntary, confidential process where the respondent officer and the complainant meet with the assistance of a neutral, third-party mediator. The mediator facilitates the process, but does not take sides or lay blame. The parties share their views of what happened, discuss their concerns and take an active part to reach a mutually agreeable resolution. The request for a mediator would be initiated by the PSS investigator. The OPS has not yet received a file for which the OIPRD mediation services would be applicable.

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 reflect directly on the integrity of the Police Service and its position of trust within the community.

PSS has taken an active role in educating supervisors in resolving complaints. This allows for a better dialogue between complainants and supervisors and promotes a quicker alternative to resolving issues that arise in the course of daily operations. In 2013, PSS attended the Supervisor, Manager and NCO Training Days. Four sessions of training were provided to sworn and civilian management on the complaint process, the OIPRD and the SIU.

DISCUSSION

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

Complaint Statistics:

In 2013, 218 public complaints were received. This is approximately five percent higher than the level experienced in 2012 (207).

The goal of the OPS is to have no complaints regarding service but it is important to contextualize the number of complaints and their outcomes. In 2013, OPS responded to 354,448 calls for service and employed 1357 sworn officers. The number of public complaints represents less than one complaint per officer (.16) and less than one complaint per 1,500 calls for service.

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

Figure 1: Total public complaints received by the Ottawa Police Service (2009-2013)

Figure 2 (below) illustrates the number of Chief’s complaints received (162) declined for the fourth year in a row and remains below the five year average of 198.

Figure 2: Total chief's complaints received by the Ottawa Police Service (2009-2013)

Figure 3 (below) illustrates the total number of Public and Chief’s complaints received during the period 2009 to 2013.

An annual average of 412 complaints (both Chief’s and Public), were processed by the OPS over the past five years. In 2013 there were 380 complaints processed, 13 complaints less than 2012. This represents a decrease of 3.3%.

Figure 3: Total complaints received by the Ottawa Police Service 2009-2013

Classification of Complaints:

The OPS 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 1 (below) reveals the overall decrease in complaints.

Table 1: Classification of Complaints

Classification	2009	2010	2011	2012	2013	5 Year Average	% Change 2012-2013
Excessive Force	30	50	31	22	26	31.8	18%
Improper Conduct	292	342	287	302	280	300.6	-7%
Neglect of Duty	71	66	64	52	57	62	9%
Firearm Discharge	7	3	0	2	4	3.2	50%
Policy/Service Complaints	10	10	23	15	12	14	-20%
Total	410	471	405	393	379	411.6	-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. These capture both public and Chief’s complaints.

Public Conduct Complaint Resolution:

In 2013, OIPRD received 218 public complaints, 206 were classified as conduct and 12 classified as service and policy. OIPRD dismissed 94 of the 206 conduct complaints as frivolous, vexatious, over six months limitation, or no further action as it is not in best interest of the public to proceed.

In 2013, 38 complainants chose to withdraw their complaint. This may be in part due to PSS investigator’s intervention. In the remaining 112 investigated cases, discipline was determined appropriate in nine of the public complaints in 2013. Those cases that resulted in discipline represent three percent of the total conduct complaints, which is in line with the five year average of three percent.

Chief’s Conduct Complaint Resolution

In 2013, 7 Chief’s complaints resulted in formal discipline, 17 resulted in informal discipline, 123 were closed no further action and 15 remain outstanding at the end of 2013.

Table 2 (below) displays the resolution of conduct complaints made against Ottawa Police officers for the years 2009 to 2013.

Table 2: Conduct Complaint Resolution

Conduct Complaint Resolution	2009	2010	2011	2012	2013	5 Year Average	% Change 2012-2013
Unsubstantiated	41	61	45	28	45	44	60%
Frivolous, Vexatious, etc.	27	76	39	17	26	37	53%
Withdrawn by Complainant	17	40	45	32	18	30.4	-44%
Withdrawn by Complainant - VADRP	3	6	2	6	0	3.4	-600%
No Further Action	123	139	149	148	144	140.6	-2%
Informal Resolution	34	18	18	33	37	28	12%
Informal Resolution - VADRP	13	0	0	0	0	2.6	0
Over Six Months	4	21	17	8	10	12	25%
Third Party - Not Directly Affected	6	1	0	1	0	1.6	-100%
Subtotal - Complaints Not Resulting in Discipline	268	362	315	273	281	299.8	2%
Informal Discipline	20	8	8	12	6	12.2	-50%
Disciplinary Hearing	2	1	1	0	3	1.6	300%
Subtotal - Complaints Resulting in Discipline	22	9	9	12	9	12.2	-25%
Total	400	461	382	378	368	397	-3%

Policy or Service Complaint Resolution:

Table 3 (below) displays the resolution of policy and service complaints received over the past five years. Of the 12 policy and service complaints received in 2013, 11 were resolved by the end of the year, three were screened out by OIPRD at intake as it was deemed to be frivolous, vexatious, or not directly affecting the complainant (third party), five were withdrawn by the complainant, four resulted in no action being taken and one was still pending at the year’s end.

Table 3: Policy or Service Complaint Resolution

Policy or service complaint resolutions	2009	2010	2011	2012	2013	5 Year Average	% Change 2012-2013
Actioned Policy and/or Service Complaints	1	2	2	1	1	1.4	0%
No Further Action	4	3	4	3	6	4	50%
Frivolous, Vexatious, etc.	1	2	5	1	0	1.8	-100%
Withdrawn by Complainant	0	3	6	8	4	4.2	-50%
Withdrawn by Complainant - VADRP	0	0	0	0	0	0	0%
Third Party	0	0	1	0	0	0.2	0%
Policy or Service Complaints Under Investigation at Year End	4	0	5	2	1	2.4	-50%
Total	10	10	23	15	12	14	-20%

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 in the case of conduct complaints.

As indicated in Table 4 (below) 13 requests for review were received in 2013, seven more than 2012. In seven of these complaints the OIPRD was satisfied with the investigation conducted by OPS and confirmed the decisions. In one case OIPRD directed specific action to be taken to complete the investigation. Five 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 four year average is available.

Table 4: Request for Review by OIPRD

Requests for Review by OIPRD Resolutions	2009	2010	2011	2012	2013	4 Year Average	% Change 2011-2012
Confirmed Decision	n/a	4	6	3	7	5	130%
Specified Direction	n/a	1	1	0	1	0.75	100%
Assigned to Outside Police Service	n/a	0	0	0	0	0	0
OIPRD to Investigate	n/a	0	0	0	0	0	0
Action to be Taken	n/a	0	0	0	0	0	0
Reviews Pending	n/a	5	2	2	5	3.5	250%
Total	n/a	10	9	5	13	9.25	260%

Official Language Complaints:

The Ottawa Police Services Board Policy CR-11 requires that official language complaints be reported in the annual report. In 2013, there were two official language complaints and both were withdrawn by the complainants upon speaking to PSS Investigators about their concerns.

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 2013, two public complaints were considered for VADRP. One was successfully resolved and the other continued for a formal Part V investigation. No cases were in the VADRP process at year end.

Police Services Act Hearings:

Six investigations commenced in 2013 that resulted in Police Services Act Notice of Hearings. 14 hearings concluded in 2013. A total of seven 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.

Four appeals were sought for 2013 PSA hearing decisions. OCPC granted all four appeals. In one appeal, the decision of the Hearing Officer was upheld and the appeal was dismissed. The other three appeals are still pending.

Criminal Offence Cases:

In 2013, four officers were charged with criminal offences. The total number of OPS officers under criminal charge during 2013 totalled eight. By the end of 2013, three officers charged by the Special Investigations Unit were found not guilty, one officer’s charges were withdrawn through the criminal courts, one officer pleaded guilty and three officers remained under criminal charge.

Special Investigations Unit Investigations:

The Special Investigations Unit (SIU) 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 2013, the SIU invoked its mandate in 17 incidents. By the end of the year, 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 nine incidents where the SIU invoked its mandate, following preliminary enquiries, the agency exercised its discretion and terminated the investigations advising no report would be filed with the Attorney General. Three investigations were still pending at year end 2013.

Suspension Cases:

The Police Services Act provides that a Chief of Police can 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 with meaningful assignments while they are under investigation or facing serious discipline.

Three officers were suspended during 2013. During the year four officers returned to active duty while three remained under suspension.

Other notable issues:

PSS works in collaboration with the OPS 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 2013, a total of three PSS referrals made to PACE produced recommendations for improvements.

CONCLUSION

As Chief, I am aware 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 PSS investigates and facilitates the resolution of all complaints and is committed to completing investigations in a transparent, confidential and timely manner. PSS has taken a risk management approach to complaint resolutions through the use of mediation, policy reviews and case conferences.

The OPS recognizes the impact of police behaviour and conduct on service to our community members and, as a service, we are committed to investigating and dealing with all complaints brought forward.

(Original signed by)

Charles Bordeleau

Chief of Police

Responsible for Report: Superintendent T. Cheslock