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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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28 July 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 - SECOND QUARTER 2014
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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.”
The following report will provide comparisons in specific complaint types over those reported during the same time period for the previous year.
HIGHLIGHTS
In April 2014, PSS arranged for the Training and Outreach Branch of the Office of the Independent Police Review Director (OIPRD) to attend the Professional Development Centre (PDC) and provide an education seminar to OPS front desk personnel and Community Police Centre staff. The seminar served to educate and provide resources about the OIPRD, how staff can facilitate education to the public and better prepare the front line members for receiving complaints in person.
The legislation requires front desk personnel to have knowledge of the process and be able to assist the public in making complaints in person. PSS coordinated this outreach training in order to ensure that OPS members are provided with the resources they require to fulfill this function with confidence.
DISCUSSION
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.
During the second quarter of 2014, a total of 99 complaints (Chief’s and Public) were received representing an increase of one (1) when compared to the same time period in 2013.
Year to date, public complaints have increased by 20 compared to the same time period in 2013 and are 7% higher than the five year average.
Table 1 (below) outlines the number of complaints received in Q2 compared to the same time period in 2013 and the 5 year average.
Table 1- New Complaints
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Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
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Public Complaint (Conduct) |
50 |
97 |
117 |
109.2 |
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Public Complaint (Policy or Service) |
2 |
5 |
9 |
7.0 |
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Chief's Complaints |
46 |
42 |
85 |
92.6 |
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TOTAL |
98 |
99 |
188 |
207 |
209.3 |
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 remain below the five year average and a decrease of three when compared to Q2 2013.
Table 2- Conduct Complaints
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Q2 2013 |
Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
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Excessive Force |
11 |
7 |
11 |
13 |
15.6 |
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Improper Conduct |
70 |
65 |
141 |
141 |
151.2 |
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Neglect of Duty |
13 |
21 |
28 |
41 |
33.6 |
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Firearm Discharge |
2 |
0 |
2 |
1 |
1.0 |
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TOTAL |
96 |
93 |
182 |
196 |
202.8 |
It should be noted that improper conduct is used to describe many different types of allegations including inappropriate actions, at fault motor vehicle collisions and red light camera infractions.
Policy/Service Complaints:
Five policy/service complaints were received in Q2 2014.
Table 3 (below) distinguishes between policy complaints and those relating to service.
Table 3- Policy and Service Complaints
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Q2 2013 |
Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
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Policy |
1 |
2 |
0.6 |
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Service |
2 |
4 |
6 |
7 |
6.4 |
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TOTAL |
2 |
5 |
6 |
9 |
6.5 |
Customer Service Resolution (CSR)
The OIPRD’s 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 Q2 2014. Two resulted in the complainant withdrawing the complaint and two did not proceed through the CSR process.
Additionally, in May 2014, PSS coordinated for the Director of the OIPRD, Mr. Gerry McNeilly, to attend PDC and provide CSR training to several interested sergeants and staff sergeants across the service. These members will now be able to facilitate the CSR process between members and the public.
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 or informal/formal discipline.
Conduct Complaint Status:
In Q2 2014, 94 conduct complaints were received. The following is a breakdown of those complaints:
· 35 cases completed
o 15 resulted in no further action
o 17 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 Two were over the six month timeline and one was withdrawn by the complainant
· 59 investigations ongoing
Table 4 (below) outlines the manner in which complaints have been resolved. It should be noted that in 2014 year to date, there has been a significant increase in the Vexatious/Frivolous/Bad Faith category which were complaints screened out by OIPRD.
Table 4- Complaint Status- Conduct Complaints
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RESOLUTION |
Q2 2013 |
Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR YEARS* |
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Unsubstantiated |
6 |
14 |
9.8 |
24 |
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Vexatious/Frivolous/Bad Faith |
9 |
17 |
13 |
38 |
24.4 |
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Informal Resolution |
3 |
9 |
3 |
8.4 |
5 |
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Informal Resolution - VADRP |
0.0 |
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No Further Action |
29 |
15 |
59 |
51 |
52.0 |
26 |
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Withdrawn by Complainant |
2 |
1 |
11 |
11 |
12.6 |
9 |
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Withdrawn by Complainant - VADRP |
1.4 |
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Over Six Months |
5 |
2 |
7 |
4 |
0.9 |
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Third Party - Not Directly Affected |
0.2 |
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Complaints Not Resulting in Discipline |
48 |
35 |
105 |
121 |
117.8 |
64 |
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Informal Discipline |
2 |
2 |
1 |
2.6 |
6 |
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Disciplinary Hearing |
1 |
0.2 |
5 |
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Complaints Resulting in Discipline |
2 |
0 |
3 |
1 |
1 |
11 |
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Complaints Outstanding |
46 |
59 |
74 |
75 |
75 |
13 |
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TOTAL |
96 |
94 |
182 |
197 |
197 |
88 |
Policy/Service Complaint Status:
There were five policy/service complaints received in Q2 2014. Two were finalized with no action required and three are still under investigation.
Table 5 (below) outlines the complaints resolved in Q2 2014. The policy/service complaints completed in the quarter are attached to this report as Annex A.
Table 5- Complaint Status- Policy/ Service Complaints
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RESOLUTION |
Q2 2013 |
Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR YEARS** |
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No Further Action |
1 |
2 |
5 |
5 |
5 |
0 |
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Frivolous,Vexatious, etc. |
0 |
0 |
0 |
0 |
0 |
0 |
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Withdrawn by Complainant |
0 |
0 |
0 |
1 |
1 |
1 |
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Withdrawn by Complainant VADRP |
0 |
0 |
0 |
0 |
0 |
0 |
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Third Party |
0 |
0 |
0 |
0 |
0 |
0 |
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Action Taken |
0 |
0 |
0 |
0 |
0 |
0 |
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Complaints Outstanding |
1 |
3 |
1 |
3 |
3 |
0 |
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TOTAL |
2 |
5 |
6 |
9 |
9 |
1 |
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 Board receives a separate report on each SIU case. The number of SIU investigations received in Q2 2014 increased by one from Q2 2013; however, year to date, two complaints less were received in 2014 when compared to 2013.
Table 6 (below) outlines that the Special Investigations Unit investigations are slightly below the five year average.
Table 6- Special Investigations Unit Investigations
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TYPES OF INVESTIGATIONS |
Q2 2013 |
Q2 2014 |
2013 YTD |
2014 YTD |
5 YR AVG YTD |
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Death |
1 |
0.6 |
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Serious Injury |
4 |
4 |
7 |
4 |
5.4 |
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Sexual Assault |
1 |
1 |
1 |
0.6 |
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TOTAL |
4 |
5 |
8 |
6 |
6.8 |
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Investigations Resolved |
1 |
1 |
5 |
1 |
2.8 |
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Investigations Ongoing |
3 |
4 |
3 |
5 |
3.8 |
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TOTAL |
4 |
5 |
8 |
6 |
6.8 |
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 Q2 2014, four requests for reviews from complainants were received by OIPRD. This remains unchanged from Q2 2013 and higher than the five year average of 4.3. In one case, OIPRD confirmed the decision of PSS, in one case OIPRD directed further investigation, and two reviews remain outstanding.
Policy/Service Complaint Reviews:
One request for policy/service complaint review by the Board was received in Q2 2014 whereby the Board upheld the decision by PSS.
CONCLUSION
The PSS 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 this report: Supt. T. Cheslock
