pages 66-98 Flashcards
the discretionary authority to refer a matter directly to Professional Standards Support – Prosecution Services to initiate formal charges is available at the outset of any disciplinary process. True or False
True
When a Maximum three (3) days or twenty four (24) hours imposed as a penalty, the officer shall satisfy the penalty by?
- working without pay, on a regular scheduled day off
- applying vacation entitlement
- applying overtime/lieu time credits
When Not more than twenty (20) days or one hundred sixty (160) hours imposed, the officer shall satisfy the penalty by? and, who must consent to this
- working without pay, on a regular scheduled day off
- the SSUPT Corporate Risk Management
Are penalties calculated in terms of hours or days?
hours
The established penalties for a red light camera offence shall apply unless permission has been obtained from the involved member’s Staff Superintendent to reduce the penalty. what are the 3 levels of discipline
1st - 6 hours
2nd - 12 hours
3rd - 24 up to hearing
The established penalties for travelling at or in excess of one hundred and fifty (150) km/h while operating a Service vehicle shall apply unless permission has been obtained from the involved member’s Staff Superintendent to reduce the penalty. what are the 3 levels of discipline?
1st - 8 hours
2nd - 12 hours
3rd - 24 hours up to hearing
all insubordination penalties are the same except for one.
- what are the penalties?
- which one is different?
- what is the penalty for the different one?
- 1st - written to 8 hours
2nd - 8 hours to 24 hours
3rd - hearing - gain access to, and/or use, any information contained in any Service computer system, or any other computer system used in the performance of your duties, including Canadian Police Information Centre (CPIC) for any purpose other than police business
- hearing
Discreditable Conduct
-offences for failing to treat/use profane, abusive language relating to a prohibited ground carries what levels of penalties?
1st - written reprimand to 24 hours
2nd - straight to hearing
Discreditable Conduct
-offences for use profane/abusive language to public/member of police force carries what level of penalties?
1st - written reprimand to 8 hours
2nd - 8 hours to 24 hours
3rd - hearing
Neglect of Duty
-all neglect of duty offences carry the same penalties (written reprimand - 8 hours, 8 hours to 24 hours, hearing) except for which 4 offences that can go from 8 hours to hearing for 2nd offence?
- fails to work in accordance with orders, or leaves an area detachment, detail or other place of duty, without due permission or sufficient cause
- by carelessness or neglect permits a prisoner to escape
- fails, when knowing where an offender is to be found, to report him or her or to make due exertions for bringing the offender to justice
- fails to report a matter that is his or her duty to report
Neglect of Duty
In addition to the penalty provision outlined for an infraction associated to a paid duty:
1. what is the penalty that may be included for a first infraction?
2. what is the penalty that may be included for a second infraction?
3. what is the penalty that may be imposed after a hearing?
1st - administrative suspension of paid duty privileges for two (2) Compressed Work Week (CWW) cycles ten (10) weeks
2nd - administrative suspension of paid duty privileges for four (4) CWW cycles twenty (20) weeks
after a hearing - administrative suspension of paid duty privileges ranging from four (4) CWW cycles to a full year.
DAMAGE TO CLOTHING OR EQUIPMENT – s. 2(1)(h)
name the 5 offences and what are their penalties
- generally (A-B), (B-D), (E)
- at fault accident (A-B), (B-D), (D-E)
- unintentional damage to workstation (A-B), (B-C), (D)
- intentional damage to workstation (C), (D-E), (E)
- fails to report loss or damage, however caused, as soon as practicable (A-B), (B-D), (E)
Upon whos recommendation concerning a conduct complaint which, due to its complexity or where the reputation of the Toronto Police Service may be severely impacted in a negative manner, the Chief’s Advisory Committee (Committee) may be convened?
Deputy Chief or the UC - PRS - Complaint Admin
Membership of the Chief’s Advisory Committee may include the following, but shall be adjusted to address a particular topic? CLS and the 3 U’s
Command Officers
Legal Counsel
Staff Superintendent – Corporate Risk Management
Unit Commander – Professional Standards
Unit Commander – Professional Standards Support
Unit Commander – Involved Officer
What refers to instances where a police officer has been the subject of a punitive assessment for a previous disciplinary matter and a uniform senior officer intends to resolve a subsequent complaint wherein the officer shall be subject to a higher penalty?
progressive discipline
When shall a member be subject to progressive discipline? (unless consent is granted from the SSUPT - CRM) also, the date used to calculate the commencement of the time period shall be the date of conviction or the date that the penalty was imposed.
- when a TPS 930 is on file and has not been expunged in accordance with the PSA
- where, within the past three (3) years, a disciplinary matter has been concluded by a hearing conviction, a subsequent breach of any nature shall be dealt with by a hearing
- when the maximum allowable penalty has been imposed at unit level, recurrences shall be dealt with by means of a hearing
What is the process to have a PSA conviction expunged from a personnel file?
- member TPS 912 to their UC
- UC TPS 912 to the SSUPT - CRM for submission to the review committee
What is the eligibility criteria to have a PSA conviction expunged? (6)
- 5 clear years without any subsequent PSA convictions (commences from date of any final appeal)
- obtain record of suspension (pardon) for any criminal conviction
- no outstanding criminal charges
- not be subject of any ongoing complaint/investigation
- 2 years clear of any disciplinary matters resolved at the unit level
- ## not under suspension
In relation to Expunge PSA Convictions, who shall the review committee consist of?
- SSUPT - CRM
- SSUPT of applicant
- Director - Human Resources
In relation to Expunge PSA Convictions, what criteria shall govern the assessment of the review committee when evaluating an application? (SORO)
- seriousness and circumstances of the offence
- outstanding internal/external complaints
- recent employment history
- other information the committee deems appropriate
In relation to Expunge PSA Convictions, who will approve or deny the recommendation to have a PSA conviction expunged?
The Chief of Police (there is no appeal process of the Chief’s recommendation but the officer may re-apply)
In relation to the Procedure for Awards:
administers the Awards Program for police officers, civilian members, members of the community, external organizations and other groups?
PRS - Awards (Awards Section)
In relation to the Procedure for Awards:
Who is responsible for administering the Awards Program for school crossing guards, volunteers, and auxiliary members (with the exception of the Ontario Auxiliary Police Medal and Auxiliary Commendation)?
Divisional Policing Support Unit (DPSU) and Traffic Services (TSV)
In relation to the Procedure for Awards:
Who reviews all Corporate Award recommendations?
the Standing Awards Committee (SAC)
In relation to the Procedure for Awards:
What is the award for members receiving a Corporate Award and when must they use it?
8 hours and must be used in 6 months
In relation to the Procedure for Awards:
Who is responsible for entering the award time into the Human Resources Management System (HRMS) and the Time and Resource Management System (TRMS)?
the unit administrator
In relation to the Procedure for Awards:
Who is responsible for entering the award in the members Service record on HRMS?
the Awards Coordinator - Awards
In relation to the Procedure for Awards:
A quorum of how many voting members is required for all SAC decisions?
5
In relation to the Procedure for Awards:
What is the Standing Awards Committee comprised of? (membership) note* The make–up of the SAC is subject to change at the discretion of Corporate Risk Management (CRM).
- One (1) voting representative of the Board
- Two (2) voting civilian representatives from any Command
- Four (4) voting uniformed representatives from Community Safety Command
- One (1) voting uniformed representative from Corporate Services Command
- One (1) voting uniformed representative from Specialized Operations Command
- One (1) voting uniformed representative from CRM
- non–voting SAC Chair: Staff Superintendent – CRM (tie breaker)
- non–voting member: Awards Coordinator – Awards section
In relation to the Procedure for Awards:
When submitting any awards recommendation, who do they send the appropriate TPS form to?
Their UC
In relation to the Procedure for Awards:
When accepting any recognition, award, or testimonial from an external organization as a representative of the Service shall: (2)
- obtain prior consent from the Chief
- submit documentation to the UC
In relation to the Procedure for Awards:
Unit Commander
upon receiving an award recommendation for a school crossing guard shall ensure the award recommendation is forwarded to who?
TSV
In relation to the Procedure for Awards:
Unit Commander
upon receiving an award recommendation for a volunteer shall ensure the award recommendation is forwarded to who?
DPSU
In relation to the Procedure for Awards:
Unit Commander
upon receiving an award recommendation for a Auxiliary member shall ensure the award recommendation is forwarded to who? (2)
DPSU and the Awards Section
In relation to the Procedure for Awards:
Unit Commander
upon receiving an award recommendation for a Service member shall do what?
- consider granting the member award time
- recommending a member for a corporate award (forward corporate award recommendation to respective SSUPT)
In relation to the Procedure for Awards:
Unit Commander
for ‘commended’ or ‘unit award - no. of hours) the unit administrator shall ensure the recommendations is entered onto what? (2)
HRMS and TRMS
In relation to the Procedure for Awards:
Unit Commander
when appealing a decision of the SAC on an award recommendation shall submit a TPS 649 to the Awards section within _______ of the date of notification of the SAC decision.
one month
appeals to the SAC may only be based on new information
In relation to the Procedure for Awards:
SSUPT/Director
Upon receiving an awards recommendation form shall review and forward to the Awards section within _______ after the conclusion of the incident or event.
6 months
Except under special circumstances, recommendations will not be accepted after six (6) months
In relation to the Procedure for Awards:
Awards Coordinator – Professional Standards Support – Awards
When Corporate Awards are granted by the SAC shall do what? (2)
- publish the awards on Routine Orders
- update HRMS for the respective member
In relation to the Procedure for Uniform External Complaint Intake / Management
The OIPRD receives and manages all public complaints concerning what 3 things?
- conduct of a police officer of the Service
- the policies
- the services provided by the Service.
In relation to the Procedure for Uniform External Complaint Intake / Management
The _____ will determine who investigates a conduct complaint having considered the nature of the complaint and the public interest.
OIPRD
In relation to the Procedure for Uniform External Complaint Intake / Management
Who will assume all the duties and powers of the Chief of Police in matters respecting an incident under investigation?
OIPRD Liaison Officer
In relation to the Procedure for Uniform External Complaint Intake / Management
Police’s OIPRD Liaison Officer must be a Senior Officer. The Chief of Police has authorized the __________________ as the OIPRD Liaison Officer.
Inspector – Professional Standards (PRS) – Complaints Administration
In relation to the Procedure for Uniform External Complaint Intake / Management
The OIPRD will accept anonymous complaints.
True or False
False, and they must be signed
In relation to the Procedure for Uniform External Complaint Intake / Management
______________is an agreement between all parties prior to an OIPRD complaint being lodged.
Local Resolution
In relation to the Procedure for Uniform External Complaint Intake / Management
A Local Resolution must involve a complaint that meets the criteria and be resolved within ____________ of the complainant reporting to the police
thirty (30) days
In relation to the Procedure for Uniform External Complaint Intake / Management
Who will facilitate a local resolution?
a supervisor
In relation to the Procedure for Uniform External Complaint Intake / Management
_________________ is an agreement between all parties after a complaint has been lodged with the OIPRD and involves conduct that is deemed less serious.
An informal resolution
In relation to the Procedure for Uniform External Complaint Intake / Management
Name the 2 types of informal resolution?
- Informal resolution occurs during the investigation
2. Informal resolution occurs after the investigation is completed
In relation to the Procedure for Uniform External Complaint Intake / Management
Harassment, Coercion or Intimidation
The PSA has been amended to include the following new offence provisions:
Note* these provisions apply to either a police officer or member of the public. No prosecutions can commence without MAG consent
- 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.