Difference between revisions of "Complaints Concerning Police Conduct (5:V)"

A complaint may be resolved informally at any time before or during an investigation if the matter is suitable and the complainant and the police officer agree in writing to the resolution. Informal resolution or mediation is a voluntary, confidential process that provides a non-confrontational opportunity for both parties to talk to each other and hear how their actions affected the other. If a complainant does not want to meet the police officer face to face, a neutral  third party   or   professional   mediator can   facilitate   and   help   the   parties   reach   an agreement. Within 10 business days after agreeing to the proposed  informal resolution, either party may revoke agreement by notifying the relevant discipline authority or the Commissioner in writing.   

If a complainant strongly objects to his or her complaint being informally resolved, and would prefer it be investigated immediately, he or she should let the  OPCC know and provide reasons. Common reasons include fear of intimidation by the officer, the wish to have it formally investigated and substantiated, and a  lack of time to participate in an informal process due to economic or other circumstances. Usually   this   objection   is   sufficient   to   move   the   complaint  directly   to   the investigation step.  

5-22A  complaint   may   also   be   resolved   by   mediation.   If   the   Police   Complaint Commissioner agrees, a professional mediator may be appointed to assist the complainant and the officer in resolving the complaint. The mediator is selected by the administrator of the BC Mediator’ s Roster and is completely independent from any police department or the OPCC.  d)Step 4: Investigation An   investigation   into   a   misconduct   complaint   is   usually   conducted   by   the originating department’ s Professional Standards Section. The Commissioner may, ifthe circumstances require, order that an external police agency conduct the investigation. The OPCC will assign the file to an analyst, who will oversee the investigation conducted by the Professional Standards investigator and ensure that the investigation is thorough, impartial, and completed in a timely manner.  All investigations must be completed within six months. During the investigation, the complainant and member will be periodically updated about the  investigation’ s progress. At the conclusion of the investigation, the investigator will submit a final investigation report to the discipline authority, who  will then decide whether the allegations are substantiated and, if so, propose corrective or disciplinary measures. What happens next in the process depends on whether the allegations are substantiated or not.  e)If the Complaint Is Substantiated (1)Pre-Hearing Conference If the discipline authority decides that the allegation of misconduct is substantiated and merits disciplinary or corrective measures, the discipline authority  may conduct a confidential prehearing conference with the police officer, if doing so is not contrary to the public interest. At the hearing, the officer has  an opportunity admit the misconduct and accept disciplinary or corrective  measures. If the officer and the discipline authority at the prehearing conference agree on disciplinary measures, and the Commissioner gives his or her approval, the matter is considered resolved. This resolution is final and cannot be reviewed by a court on any ground.  (2)Disciplinary Proceeding If a prehearing conference is not held, or if it does not result in a resolution of each allegation of misconduct against the police officer, the discipline  authority must convene a disciplinary proceeding to determine appropriate disciplinary or corrective measures, within 40 business days of receiving the final  investigation report. However, the discipline authority must cancel this proceeding if the Commissioner arranges a public hearing about                       the                       impugned                       conduct. The complainant must receive at least 15 days’   notice of a disciplinary proceeding. The complainant may provide written or oral submissions in advance of the hearing but cannot actually attend the proceeding. The discipline authority must, if appropriate, choose measures to correct  

5-23and educate officers rather than measures intended to blame and punish. Unless the  Police Complaints Commissioner orders a public hearing, the resolution is final. f)If the Complaint Is Not Substantiated (1)Retired Judge Previously,  only  a  police  commissioner  would  review  the  file.  However, complainants  can  now  request  that  the  Commissioner  appoint  a  retired judge  to  review  the  file  and  determine  whether  or  not  the  decision  was correct.  The  complainant  must  make  the  request  in  writing  within 10 business  days  of  receiving  the  discipline  authority’ s  decision.  It  is  now common to have a retired judge review the file in less serious cases. Note that  there  is  a  more  realistic  chance  of  success  when  the  commission appoints a retired judge. For further information, please see: http://www.opcc.bc.ca.  g)Public HearingThe  Office  of  the  Police  Complaint  Commissioner  (“OPCC”) can  order  public hearings  into  matters  involving  misconduct  by  municipal  police  officers  in  British Columbia.  After  the  investigation  into  the  complaint has  concluded,  the complainant or the police officer may request a public hearing within 20 business days of receiving notice of the decision, or the OPCC may initiate a public hearing itself  if a public  hearing  is  necessary  in  the  public  interest.  In Florkow  v  British Columbia  (Police  Complaint  Commissioner),  2013  BCCA  92,  the  BC  Court  of  Appeal found  that  under  the  current Police  Act  the  OPCC  can  only  hold  a  public  hearing after  certain  stages  of  the  complaint  process —  after  the  discipline  authority  has concluded its investigation, after the retired judge has reviewed the file, or after the disciplinary proceeding. (1)Test for Ordering Public Hearing In deciding whether such a hearing is necessary in the public interest, the Police  Complaints  Commissioner  must  consider  all  relevant  factors, including: the nature and seriousness of the complaint; the  nature  and  seriousness  of  the  alleged  harm  caused  by  the  police officer,  including  whether  the  officer’ s  conduct  has  undermined public confidence in the police or its disciplinary processes; whether a public hearing would assist in ascertaining the truth; whether  a  case  can  be  made  that  the  investigation  was  flawed,  the proposed  disciplinary  measures  are  inappropriate, or  the  discipline authority incorrectly interpreted the law.