Complaints Process for Board Member Conduct
Policy No. 01/21
Date Approved: June 16, 2021
Reporting Requirement: As set out below
Legislative Authority: Members of Police Services Boards – Code of Conduct, Ontario Regulation 421/97 of the Police Services Act, R.S.O. 1990, c. P.15, as amended
The Regional Municipality of York Police Services Board (the “Board”) recognizes that public confidence and trust in the Police Services Board is essential. The Board is committed to ensuring that Board Members fully understand and fulfill their obligations in respect of “Members of Police Services Boards – Code of Conduct”, Ontario Regulation 421/97 (the “Code of Conduct”) of the Police Services Act, R.S.O. 1990, c. P.15 (the “Act”).
The following is the policy of the Board with respect to complaints against Board Members pursuant to the Code of Conduct.
This policy applies to all Members of the Board.
- Board Members must be familiar with and comply with their obligations under the Code of Conduct.
- Where the Board receives a complaint regarding the conduct of a Board Member, the Board shall be governed by this policy.
- The Board may choose not to accept a complaint unless it is in writing from an identifiable complainant and contains the complainant’s contact information.
- All complaints about the conduct of a Board Member must be brought forward, in a timely manner, at a Board meeting for review and determination of next steps.
- The Chair (or the Vice Chair in the Chair’s absence or if the Chair is the subject of the complaint) shall give the Board and the affected Board Member notice of a complaint regarding the conduct of a Board Member in camera at a regular Board meeting or special meeting of the Board.
- The Chair (or the Vice Chair in the Chair’s absence or if the Chair is the subject of the complaint) shall make a recommendation as to how the Board should review the complaint.
- The Board shall determine whether to hold its review in camera in accordance with the Act and whether the affected Board Member should be present during the review.
- In reviewing the complaint, the Board shall consider:
- Whether the complaint is frivolous, vexatious or made in bad faith, in which case the Board shall take no further action;
- Whether the allegations in the complaint are of a minor nature, in which case the Board shall request a response from the Board Member that is the subject of the complaint, orally or in writing, before determining an appropriate response;
- Whether the allegations in the complaint are of a serious nature and require investigation into the Board Member’s conduct, in which case the Board will refer the complaint to the Ontario Civilian Police Commission (the “Commission”) for investigation; and
- Whether the complainant is seeking the removal of a Board Member, in which case the Board shall determine whether it is appropriate to advise the complainant that the Board does not have such authority and refer the complainant to the Commission.
- Where the Board assumes jurisdiction over the complaint, the affected Board Member shall have the right to provide a response to the Board, orally or in writing, at the Board’s discretion, regarding the allegations contained in the complaint.
- If the Board determines that a Board Member has breached the Code of Conduct, the Board shall record that determination in its minutes and may:
- Require the Board Member to appear before the Board and be reprimanded;
- Request that the Ministry of the Solicitor General conduct an investigation into the Board Member’s conduct; or
- c.Request the Commission conduct an investigation into the Board Member’s conduct under Section 25 of the Act.
- Upon completion of the review of a complaint, the Chair (or Vice Chair if the Chair is the subject of the complaint) shall be authorized to communicate the Board’s decision to the complainant and affected Board Member. Furthermore, the Commission will be copied on this correspondence.
- The Board shall be aware of its duty of public accountability and transparency and shall provide a public reporting of its review and any actions taken.
- Where this policy is inconsistent with applicable Provincial legislation, the legislation shall apply.