13-02 Uniform External Complaint Intake / Management Flashcards
What is the Rationale?
Toronto Police Service (Service) procedures governing the complaint process ensure that parties to a complaint are dealt with in a way that is both fair and impartial. The process is designed to be thorough and administered without unnecessary delay. The Service is committed to ensuring that the complaint process is accountable and transparent both to members of the Service and to the public. The Service SHALL respect the rights of its members and the public it serves.
The public complaint system for police services in Ontario is managed by the Office of the Independent Police Review Director (OIPRD) and provides an independent civilian oversight to policing services. The OIPRD receives and manages all public complaints concerning the conduct of a police officer of the Service, or the policies or the services provided by the Service.
This Procedure outlines the process for the intake and management of external conduct complaints involving police officers.
Procedure - This Procedure outlines the process for the intake and management of external conduct complaints involving police officers. The OIPRD will manage and have carriage of ____. The OIPRD may retain the investigation of an external complaint or direct the ______. The OIPRD will determine final dispositions of all external complaints regardless of who investigates the complaint.
all external complaints
Service or another police service to investigate the external complaint on their behalf
Procedure - Every complaint SHALL be acknowledged and recorded on the prescribed
OIPRD form.
Procedure - All complaints SHALL be investigated on the merit and substance of the ______. Complainants SHALL not be dissuaded from making a complaint, nor SHALL they be made to feel that there may be any type of ____for filing a complaint.
evidence and SHALL not involve an inquiry into the background of the complainant for the sole purpose of undermining the complainant’s credibility
retribution
OIPRD Liaison Officer – Chief of Police Designate -
The OIPRD Liaison Officer will assume all the duties and powers of the Chief of Police in matters respecting an incident under investigation. The OIPRD Liaison Officer will coordinate the Service’s response to the OIPRD. The Chief of Police’s OIPRD Liaison Officer must be a
Senior Officer. The Chief of Police has authorized the Inspector – Professional Standards (PRS) – Complaints Administration as the OIPRD Liaison Officer.
OIPRD Liaison Officer – Chief of Police Designate - No member SHALL communicate directly or indirectly with any person from the OIPRD unless
directed by the OIPRD Liaison Officer. All inquiries and documents SHALL be directed to the OIPRD Liaison Officer.
Delivery of a Complaint -
Any member of the public may make an external complaint. A complaint SHALL be made on an OIPRD form which can be obtained at any Service facility or at the OIPRD website. The OIPRD form can be submitted
electronically, or
by mail, or
by TPS eFax, or
in person (or agent), or
by delivering the OIPRD form to any Service facility.
Delivery of a Complaint - Complaints about a police officer from another police service and third party complaints will also be accepted in the above manner. A complainant SHALL be provided with appropriate ______. These forms must be _____.
OIPRD forms and/or brochures to complete and return or submit at their discretion
signed by the complainant. The OIPRD will not accept anonymous complaints
Local Resolution -
A local resolution is an agreement between all parties prior to an OIPRD complaint being lodged. It must be resolved within thirty (30) days of the complainant reporting to the police and involve a complaint that meets one of the below criteria:
dealing with personal property, other than money or firearms, or
failing to treat a person equally, other than violations based upon the prohibited grounds in the Ontario Human Rights Code (Human Rights Code), or
using profane language, or
acting in a disorderly manner, or
neglect of duty, or
failing to work in accordance with orders, or
failing to make a report or record entry, or
conspiring and abetting to commit any of the above, or
contravening any provision of the Police Services Act (PSA) or its Regulations of a less serious nature.
Local resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.
No record of a local resolution SHALL be placed in a police officer’s personnel file.
Customer Service Resolution -
A customer service resolution is an agreement between all parties after an external complaint has been lodged with the OIPRD, but not formalized. It must be referred by the OIPRD to Professional Standards (PRS), be resolved within forty five (45) days of the date of notice to PRS, and involve a complaint that meets one of the below criteria:
dealing with personal property, other than money or firearms, or
failing to treat a person equally, other than violations based upon the prohibited grounds in the Human Rights
Code, or
using profane language, or
acting in a disorderly manner, or
neglect of duty, or
failing to work in accordance with orders, or
failing to make a report or record entry, or
conspiring and abetting to commit any of the above, or
contravening any provision of the PSA or its Regulations of a less serious nature.
Customer service resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form.
No record of a customer service resolution SHALL be placed in a police officer’s personnel file.
Informal Resolution -
An informal resolution is an agreement between all parties after a complaint has been lodged with the OIPRD and involves conduct that is deemed less serious.
There are two types of informal resolutions:
- Informal resolution occurs during the investigation
When a complaint is lodged directly with the OIPRD, the substance and nature of the complaint is not initially established by police. The investigating supervisor may then resolve the complaint by way of an Informal Resolution Agreement (004-0307 OIPRD). An Investigative Report 004-0309 OIPRD is not required. - Informal resolution occurs after the investigation is completed
After an investigation, when a completed Investigative Report (004-0309 OIPRD) has been forwarded to the OIPRD, the OIPRD may suggest that an informal resolution is an option; which may or may not involve unit level discipline.
Informal Resolutions are facilitated by a supervisor and are to be documented on the prescribed OIPRD form. No record of an informal resolution SHALL be placed in a police officer’s personnel file.
Human Rights -
The Toronto Police Services Board (Board) and the Service are committed to the delivery of police services that are ________ under the Human Rights Code.
Members SHALL refer to Procedure 13–14 for what constitutes an alleged violation of a prohibited ground under the Human Rights Code and the process for reporting.
fair, respectful and unbiased. Discriminatory and harassing behaviour is offensive, degrading and illegal
Reprisal -
Members SHALL not______ against any person who makes a report or complaint about their conduct or the conduct of another Service member.
Any member who, in good faith, reports a breach of ______ SHALL not be subject to reprisal for making such report.
harass, intimidate, or retaliate
Service or Legislative Governance or an act of misconduct
Harassment, Coercion or Intimidation
The PSA includes the following offence provisions:
harassment, coercion or intimidation in relation to a complaint
intentionally hindering or obstructing or providing false information to the OIPRD or an investigator
attempts at the above.
This applies to either a police officer or a member of the public. No prosecutions of these offences can be commenced without the consent of the Attorney General.
Notification to a Police Officer -
A police officer who is the respondent of a conduct complaint SHALL receive notification regarding the substance of the complaint on a TPS 649. If notification may prejudice an investigation, it may be delayed.
The notice SHALL be provided forthwith when
there is evidence to support an allegation
the evidence, if believed, would constitute misconduct/substantiated complaint
a respondent officer has been identified.
Withdrawal of Complaints -
An OIPRD complaint can be withdrawn. Members SHALL refer to _____ for the process involved in withdrawing an OIPRD complaint.
Procedure 13–06
Publication of Disciplinary Hearing Decisions -
Copies of hearing decisions for all external conduct complaints SHALL be submitted to the OIPRD by the ______ These will be posted on the OIPRD website.
OIPRD Liaison Officer.
Statements Pertaining to a Conduct Complaint -
Pursuant to the PSA, all police officers involved in a conduct complaint are compelled to submit detailed statements and/or attend an investigative interview and answer questions, unless the member is
simultaneously a respondent of a criminal investigation arising out of the same incident. These compelled statements cannot be used against the person making the statement in any criminal proceeding.
Statements Pertaining to a Conduct Complaint - Upon request, police officers SHALL be afforded the opportunity to______. This benefit does not apply if in the opinion of the investigative supervisor, waiting for legal counsel or a representative of the Association would cause an
confer with and/or have present during an interview, legal counsel and/or a representative of the Association
unreasonable delay in the investigation.
Statements Pertaining to a Conduct Complaint - The timelines and authority for providing a statement pertaining to a conduct complaint is subject to the
mandate of the Special Investigations Unit (SIU) being invoked. Members SHALL also comply with the direction contained within Procedure 13-16.
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness) -
Where a police officer is designated as a witness officer in a conduct complaint involving a criminal allegation, the witness officer SHALL supply the investigating supervisor with a
detailed statement concerning the incident, as required.
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Witness) - Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement SHALL be
returned to the officer upon demand. No copies of the statement SHALL be retained by any other member of the Service, following the demand.
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent) -
Where a police officer is designated as a respondent officer in a conduct complaint involving a criminal allegation, the respondent officer
may supply the investigating supervisor with a detailed statement concerning the incident, but is not compelled to do so.
Statements Pertaining to a Conduct Complaint Involving Criminal Allegations (Respondent) - Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the respondent officer, the statement SHALL be
returned to the officer upon demand. No copies of the statement SHALL be retained by any other member of the Service, following the demand.
Interprovincial Policing -
Under _______ on receipt of a complaint made against a Toronto Police Service officer in another province or territory, who has been appointed to act as a police officer in that province or territory, the complaint SHALL be forwarded to the OIPRD.
ss. 58.1 of the PSA
Member - Members SHALL provide information and assistance to anyone requesting information on how to
submit an external complaint.
Member - When receiving a complaint at a place other than a Service facility SHALL
direct the person to attend
any Service facility that is accessible to members of the public, and/or
the OIPRD office, or
the OIPRD website
immediately contact a supervisor
Member - When a complaint is received at a Service facility SHALL immediately refer the complainant to the
Officer in Charge.
Member - When notified by a supervisor of being a witness to an external conduct complaint involving a police officer SHALL, within ten (10) calendar days, or as otherwise directed
provide a copy of
all relevant documents
all memorandum book entries for the relevant tours of duty
prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the investigating supervisor
attend an investigative interview and respond to all questions posed that are related to the complaint in question
Police Officer - When notified by a supervisor of being the respondent officer to an external conduct complaint involving a non–criminal allegation SHALL, within ten (10) calendar days, or as otherwise directed
provide a copy of
all relevant documents
all memorandum book entries for the relevant tours of duty
prepare a TPS 217 containing all information related to the circumstances of the complaint and forward to the investigating supervisor
attend an investigative interview and respond to all questions posed that are related to the complaint in question
Police Officer - When notified by a supervisor of being the respondent officer to an external conduct complaint involving a criminal allegation
SHALL, within ten (10) calendar days, or as otherwise directed
provide a copy of
‒ all relevant documents
‒ all memorandum book entries for the relevant tours of duty
attend an investigative interview and may choose to respond to all questions posed that are related to the
complaint in question
may choose to prepare a TPS 217 which may contain information related to the circumstances of the complaint and forward to the investigating supervisor