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REPORT RAPPORT |
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REPORT RAPPORT |
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DATE:
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22 July 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 – SECOND QUARTER 2013 |
RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
The Ottawa Police Service (OPS) considers all complaints regarding policies, the delivery of service, and officer conduct as an opportunity to ensure its practices meet the highest standards and service to the community.
The following report will provide comparisons of specific complaint types over those reported during the same time period for the previous year. A five year comparison has been added to provide context.
DISCUSSION
Customer Service Resolution (CSR)
In April 2013, a new initiative, CSR was introduced by the Office of the Independent Police Review Director (OIPRD). Through discussions with police services, it was identified that efficient, transparent and effective processing of relatively minor complaints was necessary. CSR provides OPS with the opportunity to resolve a complaint on condition that the complainant and the officer voluntarily participate in mediation. This initiative is a one year pilot by OIPRD.
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 OPS Professional Standards Section (PSS). For several years, the OPS has been a leader in mediation of complaints utilizing a process titled the Voluntary Alternative Dispute Resolution Program (VADRP). The new CSR initiative complements VADRP and the OPS welcomes the opportunity of working with the OIPRD to further improve service in this area.
In Q2 2013, PSS received six CSR files. Three were successfully mediated, one was returned to OIPRD as the complainant no longer wished to participate, and two are ongoing.
OIPRD Directed Hearing
Upon receiving a public complaint, the OIPRD has the option to retain a conduct investigation, assign it to the involved police service, or, have another police agency conduct the investigation. A public complaint was received by OIPRD on February 20, 2013 and they chose to retain the investigation. The OIPRD investigation substantiated misconduct by the officer. Under the authority of section 72, Police Service Act, OIPRD, directed the OPS to conduct a Police Service Act Hearing. This is the first directed Hearing by OIPRD for the OPS.
Highlights
Valuable information is gleaned from the analysis of the reported statistics. Here are a few highlights:
· Overall complaints are lower than the same time period in 2012 (7%) and 11.8% lower than the five year average.
· Total public complaints increased by 1.9% when compared to the same time period in 2012 and are 5.2% lower than the five year average.
· Chief’s complaints decreased by 16% when compared to the same time period in 2012 and 19% lower than the five year average.
· Conduct complaints decreased by 5.8% when compared to the same time period in 2012 and are 12.3% lower than the five year average.
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 Q2 2013, a total of 186 complaints were received, representing a decrease of fourteen when compared to the same time period in 2012 and 25.2 fewer than the five year average.
Table 1 (below) outlines the number of new complaints received in Q2 2013 compared to the same time period last year and the five year average.
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Table 1 New Complaints
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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 all complaints decreased with the exception of firearm discharge which remained unchanged.
Table 2: Conduct Complaints - Types of Allegations
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Q2 2012 |
Q2 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Excessive Force |
7 |
11 |
12 |
11 |
15.4 |
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Improper Conduct |
64 |
69 |
147 |
140 |
154.4 |
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Neglect of Duty |
19 |
13 |
31 |
28 |
33.8 |
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Firearm Discharge |
0 |
1 |
1 |
1 |
1.6 |
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TOTAL |
90 |
94 |
191 |
180 |
205.2 |
Improper conduct complaints form a significant portion of the complaints received.
Table 3 (below) provides a breakdown of the improper conduct sub-classifications along with comparison statistics for Q2 2012 and the five year average.
Table 3: Improper Conduct Sub-Classifications
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Q2 2012 |
Q2 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Inappropriate Comments/Language |
9 |
6 |
16 |
14 |
20.4 |
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Inappropriate Actions |
21 |
24 |
54 |
52 |
49.4 |
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At Fault Motor Vehicle Collisions |
20 |
30 |
55 |
58 |
57.4 |
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Abuse of Authority |
12 |
6 |
19 |
11 |
22.0 |
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Breach of Confidentiality |
2 |
2 |
3 |
4 |
4.6 |
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Insubordination |
0 |
1 |
0 |
1 |
0.6 |
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TOTAL |
64 |
69 |
147 |
140 |
154.4 |
Policy/Service Complaints:
There has been a total of 6 policy/service complaints in 2013, a decrease of 3 over 2012 and on par with the five year average of 6. Policy/service complaints continue to represent a small portion (3.2%) of the total complaints received.
Table 4 (below) distinguishes between policy complaints and those relating to service.
Table 4 Policy/Service Complaints
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Q2 2012 |
Q2 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
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Policy |
1 |
0.2 |
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Service |
6 |
2 |
8 |
6 |
5.8 |
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TOTAL |
6 |
2 |
9 |
6 |
6.0 |
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 or vexatious; 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:
PSS 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 Q2 2013, 97 conduct complaints were received. The following is a breakdown of the complaints:
It should be noted that there were seven complaints received in previous years that resulted in informal discipline in Q2 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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*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:
Six policy/service complaints were received in the first two quarters of 2013. Two were received during Q2 2013. Of the six, five have been finalized with no action required and one investigation is ongoing.
The policy/service complaints completed in the quarter are attached to this report as Attachment 1.
Table 6 (below) outlines the complaints resolved in Q2 2013.
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TABLE 6 COMPLAINT STATUS - POLICY/SERVICE COMPLAINTS |
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RESOLUTION |
Q2 2012 |
Q2 2013 |
2012 YTD |
2013 YTD |
5 YR AVG YTD |
CARRYOVER PRIOR YEARS** |
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No Further Action |
0 |
1 |
1 |
5 |
1.8 |
0 |
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Frivolous,Vexatious, etc. |
1 |
0 |
1 |
0 |
1.0 |
0 |
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Withdrawn by Complainant |
2 |
0 |
3 |
0 |
1.0 |
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 |
0.2 |
0 |
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Complaints Outstanding |
3 |
1 |
4 |
1 |
2.0 |
0 |
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TOTAL |
6 |
2 |
9 |
6 |
6.0 |
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 closed SIU case. Four SIU investigations were received in Q2 2013 compared to three in Q2 2012.
Table 7 (below) outlines the SIU investigations for Q2 2013.
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Table 7: Special Investigations Unit Investigations
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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 four requests for review by OIPRD in Q2 2013, three more than in Q2 2012, slightly higher than the 4 year average of 4.3. Of the six reviews requested in the first two quarters of 2013, four cases remain under review.
The following table represents the requests for review by OIPRD and how they were resolved.
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Table 8 Requests for Review by OIPRD
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Policy/Service Complaint Reviews:
No requests for review by the Police Service Board of policy/service complaints have been received in Q2 2013.
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 Acting Chief Ed Keeley on behalf of)
Charles Bordeleau
Chief of Police
Responsible for report: Superintendent Terrance Cheslock
