Public Complaints

Ottawa Police Services Board

September 24, 2012

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Background Overview of Complaints Process Police Services Boards Communications and Outreach Questions

AgendaAgenda

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Arms length body within the Ministry of the Attorney General The Director is independent of the government, the police

and the public Director is accountable for an annual report to the Minister Director has autonomous authority on operations of the

OIPRD and administration of Part V complaints The Independent Police Review Act, 2007 was passed in May

2007, which establishes the Independent Police Review Director

The Director, Gerry McNeilly, was appointed in June of 2008 The legislation was proclaimed on October 19, 2009 and the

OIPRD officially opened its doors to the public on that day.

Office of the Independent Police Review DirectorOffice of the Independent Police Review Director

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The Director is appointed by the Lieutenant Governor in Council on the recommendation of the Attorney General

He or she cannot be a police officer or former police officer

The Chief of Police or Commissioner of the OPP retains the responsibility for disciplinary hearings and the imposition of discipline

Complaints must be filed within six months of the incident the complaint is about

Office of the Independent Police Review DirectorOffice of the Independent Police Review Director

‘Police officers’ as defined in the Police Services Act, this excludes: special constables, First Nations Constables, or civilian members etc.

A police force [the policies of, or services provided by the police force]

A chief of police or deputy chief of police

OPP Commissioner or deputy Commissioner

Who can you complain about?Who can you complain about?

Any member of the public can make a complaint and you do not have to be a resident of Ontario

Who can make a complaint?Who can make a complaint?

o Directly affected person

o A witness

o A person in a personal relationship with the directly affected person AND you suffered loss, damage, distress, danger, or inconvenience

o A person who has knowledge of the conduct, or has possession or control of anything, that the Director feels constitutes compelling evidence establishing misconduct or unsatisfactory work performance

Criteria for making a public complaint:Criteria for making a public complaint:

A complaint may be dismissed by the OIPRD under section (60) if it is determined: To be frivolous, vexatious or made in bad

faith The complaint could be dealt with more

appropriately under a different act or law It is not in the public interest to deal with the

complaint- The Director can accept or deny a complaint

at his/her discretion

Screening ProcessScreening Process

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There are three ways public complaints can be dealt with:

Conversation Local Complaint/ Formal Complaint Resolution

Three DoorsThree Doors

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Local ResolutionLocal Resolution

Local Complaint

Local Resolution

• In Person

Reported to OIPRD

Fill Out and Sign: Local Resolution Agreement Form

Part V Public Complaints

Formal Part V Public ComplaintFormal Part V Public Complaint

Office of the Independent Police Review DirectorReviews, Screens, and Delegates ALL Complaints

Investigation by Same Service (Or by Other Service)

Investigation by OIPRD

Dismissed – No Further Action

Chief for Disposition

SubstantiatedOr Not Substantiated

Informal Resolution

Discipline

Request OIPRD Review

Confirm Direct Chief

Hearing

Appeal to OCPC

Director for Disposition

The Chief of Police or the OPP Commissioner retains the responsibility for disciplinary hearings and imposition of discipline

Investigations take approximately 120 days to complete, however more complex cases can take longer

Where a chief believes on reasonable grounds that serious misconduct or unsatisfactory work performance occurred, he or she must order a disciplinary hearing.

If the Director substantiates serious misconduct he or she will direct the Chief to order a hearing

Results of an InvestigationResults of an Investigation

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A complainant may request a review: Within 30 days of a Chief’s decision that a complaint is

unsubstantiated or “not of a serious nature” Upon review, the Director may:

Confirm the decision Direct the Chief to deal with a complaint as he/she

specifies or take action independently Assign the investigation to another service Take over the investigation

The Director will notify all parties of the decision

OIPRD ReviewsOIPRD Reviews

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A complainant may appeal: The result of a disciplinary hearing by the police

service to the OCPC To the police services board if they do not agree

with a Chief’s decision about a policy or service complaint

There are no appeal provisions in the PSA to classifications or investigations conducted by the OIPRD

In addition there are no appeals of any of the Director’s decisions

AppealsAppeals

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New offences have been created to prevent:

Harassment, coercion, or intimidation in relation to a complaint

Intentionally hindering or obstructing or providing false information to the Director or an investigator

Attempts to do any of the above

Prosecutions of these offences can be commenced with the consent of the Attorney General

New Penalty/Offence ProvisionsNew Penalty/Offence Provisions

Complaints must be filed within six months of the incident the complaint is about

You can file a complaint directly with the OIPRD: At www.oiprd.on.ca

By fax

By mail, or

In person at the Office of the Independent Police Review Director

You can also file a complaint at any municipal, regional or provincial police service in Ontario

The police will then forward the complaint form to the OIPRD within three business days

Filing a ComplaintFiling a Complaint

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Police Services BoardsPolice Services Boards

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All complaints sent to a board directly, must be forwarded to the OIPRD within three business days

Complaints must be submitted on the OIPRD complaint form

The board should not take any other steps to address the complaint

Complaints Sent Directly to BoardsComplaints Sent Directly to Boards

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Conduct complaints about municipal Chiefs and Deputy Chiefs are sent to the respective police services board after initial screening by the OIPRD

The board must review all complaints referred by the OIPRD. If, after review, the board: Is of the opinion that no misconduct occurred, no

action will be taken

If the police services board is of the opinion that the allegation could constitute misconduct then it must be returned to the OIPRD for an investigation

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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Where the OIPRD conducts an investigation, the OIPRD must provide a written report to the board

The report will indicate whether:

The complaint is unsubstantiated

The complaint is substantiated

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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If the complaint is unsubstantiated, the board shall:

Take no action in response to the complaint

Notify the complainant and the Chief or Deputy Chief in writing of the decision, with a copy of the written report

If, on reasonable grounds, the complaint is substantiated, the Director will:

Refer the matter to the board

Indicate if the misconduct or unsatisfactory work performance was serious or less serious

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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If the complaint is substantiated, and the conduct or unsatisfactory work performance is serious, the board must either:

Hold a hearing into a matter, or

Refer the matter to the Ontario Civilian Police Commission to hold the hearing

Notify the OIPRD that a hearing is to be held

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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If the complaint was not of a serious nature, it may be resolved informally without holding a hearing

The Chief/Deputy Chief and the complainant must agree

To do Informal Resolution the board must:

Complete an “Informal Resolution Agreement” form, signed by the Chief/Deputy Chief and the complainant

Wait 12 business days for the cooling-off period to expire

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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Where the Chief/Deputy Chief and complainant consent to an Informal Resolution and do not revoke, the board must:

Send the OIPRD the completed Informal Resolution agreement

Send any other information requested by the OIPRD

Once this is completed, the complaint is considered resolved

If consent to Informal Resolution is revoked or not given, the board must:

Provide the Chief/Deputy Chief with reasonable information about the finding of misconduct or unsatisfactory work performance

Give the Chief/Deputy Chief an opportunity to respond in writing or orally

Conduct Complaints about Conduct Complaints about Chiefs and Deputy ChiefsChiefs and Deputy Chiefs

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The board may then resolve the complaint by:

Imposing on the Chief or Deputy Chief one or more penalties as specified in the Police Services Act

Making entries in the employment record unless the Chief/Deputy Chief refuses to accept the disposition

If the Chief/Deputy Chief accepts the disposition, the board must provide notice of the penalties or action taken to the OIPRD

Conduct Complaints aboutConduct Complaints aboutChiefs and Deputy ChiefsChiefs and Deputy Chiefs

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If the Chief/Deputy Chief refuses to accept penalties or action taken, the board must:

Hold a hearing, or

Refer the matter to the Ontario Civilian Police Commission to hold a hearing

Notify the OIPRD that a hearing is to be held

Chief/Deputy Chief’s Refusal to Chief/Deputy Chief’s Refusal to Accept the DispositionAccept the Disposition

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Policy and Service Policy and Service ComplaintsComplaints

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The OIPRD must refer policy and service complaints to the Chief of the concerned police service

Within 60 days of receiving a policy or service complaint, the Chief must:

Review the complaint

Determine what action to take, if any, and take that action

Notify the complainant, the OIPRD and the board in writing of what was done, with reasons

Inform the complainant that they may request a review by the relevant police services board

The Chief may request a 60-day extension before the initial period has expired

Policy and Service Complaints about Policy and Service Complaints about Municipal Police ServicesMunicipal Police Services

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A complainant may request a review in writing to the board within 30 days of receiving the report from the Chief

The board must verify the complainant submitted the request within 30 days

If the request is not received in 30 days, the board should notify the complainant the deadline has passed and no review will take place

If it was submitted on time, the board must advise the Chief of the request

Reviews of Policy and Service ComplaintsReviews of Policy and Service Complaints

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If the police services board has more than three members there are two options to follow:

OPTION #1

Review the complaint

Take any action, or no action, in response to the complaint, as considered appropriate

Notify the complainant, the Chief and the OIPRD in writing of the response to the complaint, with reasons

Procedures for ReviewsProcedures for Reviews

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OPTION #2

Appoint a committee of at least three members (two of whom constitute a quorum) to review the complaint and make recommendations to the board after the review is complete

After considering the recommendations of the committee, take any action, or no action, in response to the complaint, as considered appropriate

Notify the complainant, the Chief and the OIPRD in writing of the response to the complaint, with reasons

o While conducting a review, the board or committee of the board may choose to hold a public meeting with respect to the complaint

Procedures for ReviewsProcedures for Reviews

To ensure that police policies and services are meeting the needs of the public they serve, the OIPRD may require a police services board to submit a performance audit (PSA section 91).

A performance audit is an audit of how a police service is dealing with public complaints and is conducted, at the board’s expense, by an independent auditor and may be under the direction of the OIPRD. The OIPRD will make the results of all audits available to the public.

Under section 57 of the PSA, the OIPRD has the authority to conduct investigations into systemic issues related to complaints from the public.

Audits and Systemic ReviewsAudits and Systemic Reviews

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Can direct the Chief or board to deal with complaint as specified, or to take other actions as he/she deems necessary or take the action independently

Order a hearing into a complaint

Assign the conduct of a hearing about a Chief or Deputy Chief to Ontario Civilian Police Commission

Conduct investigations into systemic issues related to complaints from the public

Conduct audits on how services are dealing with complaints

OIPRD PowersOIPRD Powers

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Search and Seizure powers:

Search police premises and vehicles with or without a warrant

Search other places with a warrant

Summons persons or things under the Public Inquiries Act

OIPRD PowersOIPRD Powers

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Upcoming ProjectsUpcoming Projects

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OIPRD is currently establishing a mediation program to assist in less serious complaints

Less formal structure for matters in the process of local resolution

More formal structure for informal resolution Community-based form of mediation, with its

facilitative and transformative style of mediation answers the requirements for the dual structure that the OIPRD has envisioned

MediationMediation

Outreach and education sessions are presented to all stakeholders across the province including both community groups and police groups

In 2011-2012, Regional Outreach and Education Advisors (ROEAs) made 275 presentations to stakeholder groups

ROEAs also participated in a number of conferences, workshops, and visited over 60 community organizations, libraries, MPP and MP offices to provide information and communications material about the OIPRD

Outreach and EducationOutreach and Education

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Contact Details

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Contact details Office of the Independent Police

Review Director655 Bay Street, 10th FloorToronto, ON M7A 2T4Tel: 416-327-4965 / 1-877-411-4773Fax: 416-327-8332 / 1-877-415-4773e-mail: OIPRD@ontario.cawww.oiprd.on.ca