13-08 Uniform Suspension from Duty Flashcards
What is the Rationale?
In accordance with the Police Services Act, (PSA) the Chief of Police may suspend a police officer from duty with pay where the police officer is suspected of, or charged with, an offence under a law of Canada or of a province or territory, or is suspected of misconduct under the PSA. If a Chief of Police, Deputy Chief or other police officer is convicted of an offence and sentenced to a term of imprisonment, the Chief of Police or Police Services Board, as the case may be, may suspend him or her without pay, even if the conviction or sentence is under appeal.
Procedure - The Chief of Police (Chief) hereby authorizes the following personnel the power of suspension granted to the Chief under the PSA
any Deputy Chief of Police
all Uniform Senior Officers
all officers permanently assigned to Professional Standards (PRS)
the Officer in Charge of a unit
Criteria for Immediate Suspension - An _________ rank SHALL commence the suspension of a police officer.
authorized officer of equal or superior
Criteria for Immediate Suspension - The following factors SHALL be considered in determining if immediate suspension from duty is appropriate
the seriousness of the misconduct
impact upon the reputation of the Toronto Police Service (Service), and public confidence in the Service, if the police officer is not suspended
impact upon the integrity of the investigation
prevention of workplace violence or workplace harassment
Criteria for Immediate Suspension - After having made the decision to suspend, the suspending officer SHALL advise the
suspended officer that the suspension is effective immediately.
Criteria for Revocation or Continued Suspension -
The Chief SHALL review a suspension pursuant to the PSA. The Chief may revoke the suspension___________, in which case the suspended officer SHALL remain on suspension until the Chief revokes the suspension.
with or without restrictions or may cause a Letter of Suspension to be served
Criteria for Revocation or Continued Suspension - Professional Standards SHALL consider the following criteria when making recommendations to the Chief on whether to revoke or continue a suspension from duty:
seriousness of the misconduct
impact upon the reputation of the Service and public confidence in the Service
impact upon the integrity of the investigation
whether the alleged misconduct occurred in the performance of duty
if there are any court imposed bail conditions
the likelihood that the officer will re–offend
any other circumstances deemed appropriate
Criteria for Revocation or Continued Suspension - If the suspension is revoked the following conditions SHALL apply, if applicable:
the police officer SHALL not be placed in a position where they could compromise the investigation
the police officer SHALL not be placed in a position where they could likely have contact with any victim or witness involved in the investigation
A police officer’s suspension status will be reviewed as the circumstances of the investigation change.
Police Officer - Upon being suspended from duty SHALL
immediately surrender the following Service issued uniform and equipment, as applicable, to the suspending officer
all use of force equipment
handcuffs
wallet and cap badge
warrant / identification card
eToken
any Service issued electronic equipment including cellular/smart telephone, pager, laptop computer and electronic mobile storage device
corporate credit card and/or covert credit card
corporate vehicle
memorandum book
report to their Unit Commander for confirmation of the suspension, when directed
Police Officer - Upon confirmation of a suspension SHALL immediately surrender all
remaining Service issued uniform and equipment still in their possession to their Unit Commander.
Police Officer - While under suspension with pay
SHALL report to their Unit Commander or designate in person once each and every weekday at 0900 hours, or as otherwise directed
A suspended officer is not required to report to their Unit Commander when on annual leave, statutory holidays, weekends, while off sick, or while suspended without pay.
SHALL advise their Unit Commander of any upcoming court appearances, if applicable
may engage in a secondary activity subject to the provisions of Procedure 14–25
SHALL report all monetary benefits earned from paid secondary activity during the period of suspension to the
Unit Commander – Labour Relations
Police Officer - Officers suspended with pay who commence a paid secondary activity SHALL have their pay
reduced by the amount of the monetary benefit earned from such paid secondary activity during that period of suspension, pursuant to ss. 89(7) of the PSA.
PSA ss. 89(7) does not apply to earnings from other employment that was commenced before the period of suspension.
Police Officer - Upon suspension being revoked SHALL
report to their Unit Commander.
Suspending Officer - Upon considering the suspension of a police officer in accordance with the PSA, and in the absence of the Unit Commander, SHALL
ensure an immediate and thorough investigation is conducted
consult with the Duty Senior Officer – Toronto Police Operations Centre (TPOC) (Duty Senior Officer), or other
uniform senior officer
Suspending Officer -When suspending a police officer from duty SHALL
verbally advise the police officer that they are immediately suspended from duty
relieve the suspended officer of the applicable Service issued uniform and equipment as listed in item 1
deliver all surrendered Service issued uniform and equipment to the suspended officer’s Unit Commander
date and sign the suspended officer’s memorandum book
advise the suspended officer
to report to their Unit Commander as directed
that access is restricted to only the public areas of any Service facility
of the continued availability of the Employee and Family Assistance Program (EFAP)
arrange for the suspended officer to collect any personal property at the unit, where applicable
notify the Duty Senior Officer
complete a TPS 649 outlining the details of the suspension and submit to their Unit Commander
comply with the applicable sections of Procedures 13–02 and 13–03
