THE REGIONAL MUNICIPALITY OF YORK
POLICE SERVICES BOARD
REPORT OF THE CHIEF OF POLICE
23 JANUARY 2008
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Re: Public Complaints
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RECOMMENDATION
- That the Board receive this report pursuant to Section 31(1)(j) of the Police Services Act, Board By-Law No. 06-04 respecting The Administration of the Complaints System under Part V of the Police Services Act, and Citizens Complaints/Policies/Services/Conduct, York Regional Police Procedure AI-311.
SYNOPSIS
Section 31(1)(j) of the Police Services Act requires the Board to review the Chief's administration of the complaints system under Part V and receive regular reports from the Chief on the administration of the complaints system.
In accordance with Board Policy and York Regional Police procedures, the Chief is required to provide semi-annual reports to the Board that include cumulative and detailed information and comparative data from the preceding calendar year. The first report each year shall summarize the yearly complaints, including an analysis of frequency, nature and substance of policy and conduct complaints and whether the analysis indicates the need for training or additional resources. In accordance with Section 31(b) of the Adequacy and Effectiveness of Police Services Regulation, the information contained in the attached report will also be included in the 2007 Annual Report.
FINANCIAL IMPLICATIONS
Not applicable.
BACKGROUND
The Police Services Act states that a member of the public may complain about the conduct of an officer or officers, or about the policies of or services provided by a police force. The complainant in a public complaint must be the person who was directly affected by the conduct, policy or service complained of. A complaint must be in writing and signed by the complainant, and may be delivered personally or by mail or fax to the police service involved or to the office of the Ontario Civilian Commission on Police Services. The Commission, in turn, will forward the complaint to the police service to be dealt with as appropriate.
The Chief of Police shall review every complaint that is made about the policies of or services provided by a police force and shall take appropriate action in response to the complaint. The Chief of Police shall cause every complaint made about the conduct of a police officer to be investigated and reported on in a written report.
Policy/Service Complaints
The Police Services Act requires the Chief of Police to submit a written report to the Board respecting every complaint about the policies of or services provided by the police force and the disposition of same. One policy complaint was filed in 2007 and it was brought before the Board in October 2007. The policy complaint was received from an advocate on behalf of a developmentally delayed 32 year old male that functions at the level of a 10 year old. Officers responded to a call for service at a Vaughan mall where they conducted an investigation into a suspicious male party. This investigation resulted in a general occurrence report being submitted under the classification of Potential Sex Offender. A review of this matter was undertaken in accordance with s. 61(1) of the Police Services Act. Following the review, the police report was reclassified as a Police Information Report. In addition, procedural revisions were made to ensure all Potential Sex Offender reports are forwarded to the Sexual Assault Unit for follow up and classification.
Conduct Complaints
In regards to complaints made about the conduct of a police officer, the Chief may resolve the matter informally if the conduct is not of a serious nature. If, at the conclusion of the investigation and on review of the written report, the conduct of the officer may constitute misconduct pursuant to the Police Services Act, the Chief shall hold a hearing into the matter.
In accordance with Section 59 of the Police Services Act, the Chief of Police may decide not to deal with any complaint about the police force or about a police officer that the Chief considers to be:
- frivolous or vexatious or made in bad faith
- is made more than six months after the facts on which it is based occurred
- or it is decided that the complainant was not directly affected by the policy, service or conduct that is the subject of the complaint.
The Chief of Police is required to notify the complainant in writing of the disposition of the complaint. A complainant has the right to request that the Ontario Civilian Commission on Police Services review the complaint if they are not satisfied with the disposition.
The majority of public complaints received in 2007 have been classified as police procedures, followed by complaints of verbal abuse, physical assault and misuse of authority. The number of public complaints resolved through the informal resolution process continues to increase. This process which includes the complainant and the involved officer(s) has proven to be very effective.
During 2007, York Regional Police received 131 public complaints compared to 116 in 2006 and 119 in 2005. All public complaints brought forward from 2006 to 2007 have been resolved and 80 public complaints from 2007 were carried forward into 2008. As the attached chart indicates, 51 public complaints have been investigated with 20 being informally resolved, 10 withdrawn, 9 determined to be unsubstantiated and 10 were not dealt with in accordance with Section 59 of the Police Services Act. Of the 80 complaints carried forward, 15 have since been resolved.
During 2007, following notification to complainants of the classification and disposition of their public complaints;
- 16 requests were made to the Ontario Civilian Commission on Police Services to review the decisions made by the Chief of Police. Two of the requests were for review of the classification of their public complaint and 14 were for review of the disposition of their complaint.
- 9 decisions were upheld by the Ontario Civilian Commission on Police Services
- 1 matter was returned for additional investigation and concluded
- 2 directed hearings were ordered by the Ontario Civilian Commission on Police Services
- As of January 31, 2007, 4 decisions remained with the Ontario Civilian Commission on Police Services pending review. As of this date, those decisions have been upheld.
The actual strength of the service at the end of 2007 was 1,289 sworn officers. The ratio of conduct complaints for the year is 0.10 and this remains one of the lowest ratios in comparison to other large police services in Ontario. Although the total number of complaints for 2007 increased from 2006, the number of sworn officers to complaints ratio remains proportionate. During 2007, officers responded to 227,949 demands for service and issued 132,236 Provincial Offence Notices. Many of our complaints emanate from call response and traffic enforcement.
In 2004, a program of visiting uniform platoons during their daily parades was initiated by public complaint investigators of the Professional Standards Bureau in response to a substantial increase in the number of public complaints received during the first part of the year. This endeavor resulted in a decrease in public complaints during the latter part of 2004. Currently, Professional Standards Bureau investigators are attending the 2008 annual requalification training to familiarize members with the investigators, the complaint investigation process, as well as the common reasons that complaints are made and how members might avoid complaints. Professional Standards Bureau investigators continue to attend the Level III Recruit Training, Experienced Officer classes and Supervisor Training Sessions. York Regional Police continues to be vigilant in communicating our Values and Code of Professional Ethics both internally and externally.
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