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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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28 April 2014 |
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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 2014 |
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 (PSA), titled “Complaints and Disciplinary Proceedings”.
This report provides comparisons in specific complaint types to those reported during the same time period in the previous year.
DISCUSSION
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 2014, a total of 102 complaints (Chief’s and Public) were received representing an increase of 12 when compared to the same time period in 2013, which is the five year average of 105.
Total public complaints increased by 14 compared to the same time period in 2013 and are 10% higher than the five year average.
Table 1 (below) outlines the number of complaints received in Q1 compared to the same time period in 2013 and the 5 year average.
Table 1- New Complaints
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Q1 2013 |
Q1 2014 |
5 YR AVG YTD |
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Public Complaint (Conduct) |
47 |
61 |
55 |
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Public Complaint (Policy or Service) |
4 |
4 |
3 |
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Chief's Complaints |
39 |
37 |
47 |
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TOTAL |
90 |
102 |
105 |
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 that the conduct complaints are in line with the five year average.
Table 2- Conduct Complaints
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Q1 2013 |
Q1 2014 |
5 YR AVG YTD |
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Excessive Force |
6 |
6 |
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Improper Conduct |
71 |
72 |
77 |
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Neglect of Duty |
15 |
20 |
16 |
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Firearm Discharge |
0 |
0 |
0.4 |
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TOTAL |
86 |
98 |
99.4 |
Policy/Service Complaints:
The policy/service complaints received in Q1 2014 remained the same when compared to Q1 2013.
Table 3 (below) distinguishes between policy complaints and those relating to service.
Table 3- Policy and Service Complaints
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Q1 2013 |
Q1 2014 |
5 YR AVG YTD |
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Policy |
1 |
0.4 |
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Service |
4 |
3 |
3 |
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TOTAL |
4 |
4 |
3 |
Complaint Status
Customer Service Resolution
The OIPRD’s Customer Service Resolution (CSR) program provides an opportunity for complainants and respondent officers to voluntarily resolve complaints before they are formally screened in as a public complaint under the PSA. Four CSR files were received in Q1 2014. One resulted in the complainant withdrawing the complaint, two did not proceed through the CSR, and one is still outstanding.
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 2014, 98 conduct complaints were received. The following is a breakdown of the complaints:
· 55 cases completed
o 3 resulted in informal resolution
o 21 were determined to be either frivolous, vexatious, 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 pursue
o 2 over the six month timeline
· 43 investigations ongoing
Table 4 (below) outlines the manner in which complaints have been resolved. The shaded areas reflect subtotals and total number of complaints.
Table 4- Complaint Status- Conduct Complaints
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RESOLUTION |
Q1 2013 |
Q1 2014 |
5 YR AVG YTD |
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Unsubstantiated |
0.4 |
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Vexatious/Frivolous/Bad Faith |
4 |
21* |
12 |
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Informal Resolution |
3 |
3 |
8 |
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Informal Resolution - VADRP |
0 |
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No Further Action |
23 |
25 |
22 |
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Withdrawn by Complainant |
5 |
4 |
6 |
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Withdrawn by Complainant - VADRP |
0.4 |
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Over Six Months |
2 |
2 |
2 |
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Third Party - Not Directly Affected |
0 |
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Complaints Not Resulting in Discipline |
37 |
55 |
50.5 |
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Informal Discipline |
0.2 |
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Disciplinary Hearing |
0 |
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Complaints Resulting in Discipline |
0 |
0 |
0.2 |
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Complaints Outstanding |
49 |
43 |
42 |
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TOTAL |
86 |
98 |
92.7 |
*It should be noted that there is a significant increase in the Vexatious/Frivolous/Bad Faith category which were screened out by OIPRD.
Policy/Service Complaint Status:
There were four policy/service complaints received in Q1 2014. One was finalized with no action required, one was withdrawn by the complainant and two are still under investigation.
Table 5 (below) outlines the complaints resolved in Q1 2014. The policy/service complaints completed in the quarter are attached to this report as Annex 1.
Table 5- Complaint Status- Policy/ Service Complaints
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RESOLUTION |
Q1 2013 |
Q1 2014 |
5 YR AVG YTD |
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No Further Action |
2 |
1 |
1 |
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Frivolous, Vexatious, etc. |
0 |
0 |
0.4 |
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Withdrawn by Complainant |
0 |
1 |
0.2 |
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Withdrawn by Complainant VADRP |
0 |
0 |
0 |
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Third Party |
0 |
0 |
0 |
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Action Taken |
0 |
0 |
0 |
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Complaints Outstanding |
2 |
2 |
1.4 |
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TOTAL |
4 |
4 |
3 |
Special Investigations Unit (SIU) Investigations:
The Police Services Act provides that the Special Investigations Unit (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 2014 decreased by three from Q1 2013.
Table 6 (below) outlines that SIU investigations are below the five year average.
Table 6- Special Investigations Unit Investigations
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TYPES OF INVESTIGATIONS |
Q1 2013 |
Q1 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
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Death |
1 |
1 |
0.6 |
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Serious Injury |
3 |
3 |
2 |
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Sexual Assault |
1 |
1 |
0.4 |
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TOTAL |
4 |
1 |
4 |
1 |
3 |
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Investigations Resolved |
2 |
0 |
2 |
0 |
0.4 |
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Investigations Ongoing |
2 |
1 |
2 |
1 |
2.6 |
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TOTAL |
4 |
1 |
4 |
1 |
3 |
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 2014, four requests for reviews from complainants were received by OIPRD. This is an increase from the two reviews received in Q1 2013 and higher than the five year average of 2.2. All four of the reviews received in Q1 2014 remain outstanding.
Policy/Service Complaint Reviews:
One request for policy/service complaint review by the Police Services Board was received in Q1 2014 in which the decision by PSS was upheld.
CONCLUSION
The OPS takes complaints regarding service seriously and fully investigates every complaint filed. The OPS Professional Standards Section (PSS) continues to analyse and address issues that arise from complaints. The OPS uses innovative approaches to resolve complaints and ensure accountability. The PSS 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 T. Cheslock
