13-03 Uniform Internal Complaint Intake / Management Flashcards
What is the Rationale?
This Procedure outlines the process for the intake and management of internal complaints involving police officers.
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.
Professional Standards (PRS) – Complaints Administration
Procedure - Members of the Toronto Police Service (Service) may initiate a conduct complaint about a police officer in the following manner:
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
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.
Deputy Chief of Police (Deputy Chief)
Unit Commander
Procedure - Unit Commanders SHALL forward the completed file, including the adjudication/disposition, to PRS – Complaints Administration within
one hundred twenty (120) days.
Procedure - The Toronto Police Services Board (Board) and the Service are committed to providing all members a workplace that is
safe and free of discrimination and harassment.
Human Rights - Discriminatory and harassing behaviour is _____ under the Ontario Human Rights Code (Human Rights Code).
offensive, degrading and illegal
Human Rights - Section 1.9 entitled “Fairness, Discrimination and Harassment” of the Standards of Conduct prohibits _______.
discriminatory behaviour
Human Rights - Members SHALL refer to Procedure 13-14 for what constitutes an alleged
violation of a prohibited ground under the Human Rights Code.
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.
workplace violence
workplace harassment
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.
criminal in nature or lie entirely within the realm of employee misconduct
anonymity and protection from reprisal
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
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
there is evidence to support an allegation
the evidence, if believed, would constitute misconduct / a substantiated complaint
a respondent officer has been identified.
Withdrawal of Complaints -
An internal complaint can be withdrawn. Members SHALL refer to ______ for the process involved in withdrawing an internal complaint.
Procedure 13-06
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.
statements and/or attend an investigative interview
answer questions, unless the member is simultaneously a subject of a criminal investigation
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
supply the investigating supervisor with a detailed statement concerning the incident, as required.
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
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 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.
legal counsel and/or a representative of the Association
legal counsel or a representative of the Association
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
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 subject of an internal 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 subject of an internal 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
Police Officer -When a conduct complaint has been resolved informally the subject officer SHALL
sign the applicable section of the TPS901.
Supervisor - When initiating an internal conduct complaint against a police officer SHALL complete a
TPS901 and immediately forward to the subject officer’s Unit Commander.
Supervisor - When the circumstances of the internal conduct complaint suggest an immediate investigation is warranted SHALL
notify the Officer in Charge, Unit Commander, or if absent, the Duty Senior Officer – Toronto Police Operations Centre.