13-03 Uniform Internal Complaint Intake / Management

Question 1

What is the Rationale?

Answer 1

This Procedure outlines the process for the intake and management of internal complaints involving police officers.

Question 2

Procedure - This Procedure outlines the process for the intake and management of internal conduct complaints involving police officers. ________ will determine which unit will investigate an internal complaint.

Answer 2

Professional Standards (PRS) – Complaints Administration

Question 3

Procedure - Members of the Toronto Police Service (Service) may initiate a conduct complaint about a police officer in the following manner:

Answer 3

 civilian members in general and police officers of equal or lesser rank by way of a TPS 649 to the subject officer’s supervisor
 a civilian supervisor that directly manages a police officer by way of a TPS 901
 a supervisory officer of higher rank than a police officer by way of a TPS 901

Question 4

Procedure - In circumstances where a complaint is made against a Senior Officer, the applicable_______ SHALL delegate a supervisor to investigate and report on the matter. The Deputy Chief SHALL fulfil the role of a _______ in adjudicating and/or directing the resolution of these complaints.

Answer 4

Deputy Chief of Police (Deputy Chief)

Unit Commander

Question 5

Procedure - Unit Commanders SHALL forward the completed file, including the adjudication/disposition, to PRS – Complaints Administration within

Answer 5

one hundred twenty (120) days.

Question 6

Procedure - The Toronto Police Services Board (Board) and the Service are committed to providing all members a workplace that is

Answer 6

safe and free of discrimination and harassment.

Question 7

Human Rights - Discriminatory and harassing behaviour is _____ under the Ontario Human Rights Code (Human Rights Code).

Answer 7

offensive, degrading and illegal

Question 8

Human Rights - Section 1.9 entitled “Fairness, Discrimination and Harassment” of the Standards of Conduct prohibits _______.

Answer 8

discriminatory behaviour

Question 9

Human Rights - Members SHALL refer to Procedure 13-14 for what constitutes an alleged

Answer 9

violation of a prohibited ground under the Human Rights Code.

Question 10

Workplace Violence and Harassment -
The Occupational Health & Safety Act (OHSA) legislates that workers are provided a safe workplace.
Members SHALL refer to Procedure 08–11 for what constitutes ______ and Procedure 08–12 for ______, and the process for reporting either incident.

Answer 10

workplace violence

workplace harassment

Question 11

Reporting of Discreditable Conduct -
Section 1.3 of the Standards of Conduct directs members to report acts of discreditable conduct which may be____________, or both. To provide an avenue for members who want a degree of ___________, members SHALL refer to Procedure 13-18.

Answer 11

criminal in nature or lie entirely within the realm of employee misconduct

anonymity and protection from reprisal

Question 12

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.

Answer 12

harass, intimidate, or retaliate

Service or legislative governance or an act of misconduct

Question 13

Notification to a Police Officer -
A police officer who is the subject of a conduct complaint SHALL receive notification regarding the substance of the complaint on a TPS 649. If notification may prejudice the investigation, it may be delayed.
The notice SHALL be provided forthwith when

Answer 13

 there is evidence to support an allegation
 the evidence, if believed, would constitute misconduct / a substantiated complaint
 a respondent officer has been identified.

Question 14

Withdrawal of Complaints -
An internal complaint can be withdrawn. Members SHALL refer to ______ for the process involved in withdrawing an internal complaint.

Answer 14

Procedure 13-06

Question 15

Statements Pertaining to a PSA Complaint -
Pursuant to the Police Services Act (PSA), conduct complaint investigations compels all involved police officers to submit detailed________ and be compelled to ________ arising out of the same incident. These compelled statements cannot be used against the person making the statement in any criminal proceeding.

Answer 15

statements and/or attend an investigative interview

answer questions, unless the member is simultaneously a subject of a criminal investigation

Question 16

Statements Pertaining to Criminal Allegations -
Where a police officer is designated as a witness officer in a conduct complaint involving a criminal allegation, the witness officer SHALL

Answer 16

supply the investigating supervisor with a detailed statement concerning the incident, as required.

Question 17

Statements Pertaining to Criminal Allegations - Where a witness officer has previously supplied a statement regarding a conduct complaint involving a criminal allegation, and is subsequently designated as the subject officer, the statement SHALL be

Answer 17

returned to the officer upon demand. No copies of the statement SHALL be retained by any other member of the Service, following the demand.

Question 18

Statements Pertaining to Criminal Allegations - Upon request, police officers SHAL be afforded the opportunity to confer with and/or have present during an interview,________. This benefit does not apply if, in the opinion of the investigating supervisor, waiting for ________ would cause an unreasonable delay in the investigation.

Answer 18

legal counsel and/or a representative of the Association

legal counsel or a representative of the Association

Question 19

Member - When notified by a supervisor of being a witness to an internal conduct complaint involving a police officer SHALL, within ten (10) calendar days, or as otherwise directed

Answer 19

 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

Question 20

Police Officer - When notified by a supervisor of being the subject of an internal conduct complaint involving a non–criminal allegation SHALL, within ten (10) calendar days, or as otherwise directed

Answer 20

 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

Question 21

Police Officer - When notified by a supervisor of being the subject of an internal conduct complaint involving a criminal allegation

Answer 21

 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

Question 22

Police Officer -When a conduct complaint has been resolved informally the subject officer SHALL

Answer 22

sign the applicable section of the TPS901.

Question 23

Supervisor - When initiating an internal conduct complaint against a police officer SHALL complete a

Answer 23

TPS901 and immediately forward to the subject officer’s Unit Commander.

Question 24

Supervisor - When the circumstances of the internal conduct complaint suggest an immediate investigation is warranted SHALL

Answer 24

notify the Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre.

Question 25

Investigating Supervisor - When required to investigate an internal conduct complaint SHALL

Answer 25

 provide the subject officer with a TPS 649 outlining the substance of the complaint
 record the particulars of the notification to the officer in the “Log Notes” of the TPS 901 and in their memorandum book, if applicable
 consider consulting Equity, Inclusion & Human Rights during the investigation and when preparing the Report of Investigation if the complaint relates to the Human Rights Code
 conduct an investigation and maintain detailed notes
 ensure all evidence is collected in compliance with Procedure 04-21
 if applicable, direct the subject and witness officers to
 provide a TPS 217 and/or
 attend an investigative interview
 direct the officers to provide additional information, as required
 notify the Unit Commander of all side issues where they exist, and initiate a separate TPS 901 for each, as
appropriate
 liaise with PRS – Complaints Administration to ensure the timely conclusion of complaint investigations
 prepare a Report of Investigation, including any recommendations, and submit to the Unit Commander
 provide training to members on the complaint process, if applicable

Question 26

Officer in Charge – Professional Standards – Complaints Administration - Upon receipt of a TPS 901 for classification and assignment SHALL ensure the TPS 901 is

Answer 26

forwarded to the Unit Commander of the unit assigned to investigate the complaint.

Question 27

Officer in Charge – Professional Standards – Complaints Administration - Upon receipt of a completed internal conduct complaint investigation resolved informally SHALL ensure the

Answer 27

file is reviewed and retained in accordance with the Records Retention Schedule.

Question 28

Definitions - Informal Resolution (Internal)

Answer 28

in reference to internal complaints means if, at the conclusion of the investigation and upon review of the written report, the Unit Commander is of the opinion that there was misconduct and/or unsatisfactory work performance but that it was not of a serious nature, the Unit Commander may resolve the matter informally.

Question 29

Definitions - Internal Complaint

Answer 29

means an allegation from internal sources concerning the conduct of a police officer, or the policies or the services provided by the Toronto Police Service.

Question 30

Definitions - Investigating Supervisor

Answer 30

in reference to complaints means a supervisor assigned to investigate a complaint and includes a Unit Complaint Coordinator (UCC).

Question 31

Definitions - Investigative Brief

Answer 31

means a brief similar in content to a crown brief, in that it should be bound, the pages numbered sequentially, and include all video and audio recordings, or other electronic recordings, along with a transcript of same, and should be in a format as defined by Prosecution Services.

Question 32

Definitions - Prohibited Grounds

Answer 32

means the protected grounds under the Ontario Human Rights Code for which a person cannot discriminate. These include: age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, gender expression, gender identity, marital status (including single status), place of origin, race, receipt of public assistance (in housing only), record of offences (in employment only), sex (including discrimination based on pregnancy and breastfeeding), and sexual orientation.

Question 33

Definitions - Report of Investigation (004-0309 OIPRD)

Answer 33

in reference to complaints means a report outlining the circumstances and investigative results of a complaint in the prescribed format as defined by the Office of the Independent Police Review Director (OIPRD).

Question 34

Definitions - Report of Investigation (Internal)

Answer 34

in reference to complaints means a report outlining the circumstances and investigative results of a complaint in a prescribed format as defined by Professional Standards – Complaints Administration.

Question 35

Definitions -Side Issue

Answer 35

In reference to complaints means an issue identified during the course of the investigation concerning the policies or the services provided by the Toronto Police Service or the conduct of a police officer or a civilian member, which is not part of the original complaint.

Question 36

Definitions -Subject Officer

Answer 36

in reference to complaints means a police officer who is alleged to have engaged in misconduct by an act or omission where a complaint has been made and the officer has been so designated by the investigating supervisor.

Question 37

Definitions - Witness Officer

Answer 37

in reference to complaints means a police officer who is not the respondent of a complaint.