Professional Standards
Public Complaints Process
Citizen’s guide for filing complaints about the
policies of, services provided or the conduct of a police officer
employed by the Chatham-Kent Police Service
Defining a complaint
There are two types of complaints. They relate to:
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The policies of, or services provided by the
Chatham-Kent Police Service.
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The conduct of a police officer of the Chatham-Kent
Police Service.
How may I make a complaint?
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If you are directly affected by an incident,
you may make a complaint. Your complaint must be in writing,
signed, and mailed, faxed or delivered to any police station of
this Service, the Professional Standards Branch or the Ontario
Civilian Commission on Police Services.
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You may also use a standard complaint form which is
available at any police service center of this Service to make a
complaint.
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Your complaint must normally be made within six (6)
months after the incident occurred.
How is my complaint processed?
The Chief of Police, or his designate, must determine
how your complaint is to proceed and if your complaint concerns conduct,
policies or services of the Chatham-Kent Police Service. The Chief may
decide not to deal with the complaint
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if it was filed six (6) months after the incident
which led to the complaint;
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if it is frivolous, vexatious or made in bad faith;
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if you are not directly affected by the incident.
The decision of the Chief must be made within thirty
(30) days of receipt of the complaint.
Review of the decision
If you disagree with the initial classification of your
complaint as either a policy, service or conduct issue, you may request
that the Ontario Civilian Commission on Police Services review the
classification. You may also request that the Ontario Civilian
Commission on Police Services review the Chief’s decision not to deal
with your complaint. However, in either case, your request must be made
within thirty (30) days of receipt of the decision. You should provide
the Ontario Civilian Commission on Police Services with as much
information as possible, including your reasons for requesting the
review.
The Ontario Civilian Commission on Police Services may
confirm the decision of the Chief of Police, refer your complaint back
for investigation, or assign it to another police service. There is no
appeal from the decision of the Ontario Civilian Commission on Police
Services.
Informal resolution of your
complaint
The Police Services Act encourages an informal
resolution of conduct complaints, at any time during the process, where
the Chief of Police concludes that it was not of a serious nature and
both you and the police officer consent to the proposed resolution.
How may I withdraw my
complaint?
You may withdraw your complaint at any time in writing.
However, the Chief of Police may continue to deal with your complaint if
it is felt that the circumstances warrant further action.
What happens if I have a
complaint about policy or services?
Complaints related to policy issues or services provided
are referred to the Chief of Police.
If you are not satisfied with the decision of the Chief
of Police or his designate, you may request that the Chatham-Kent Police
Services Board review the complaint by making a written request to the
Board within thirty (30) days of having received notice of the decision.
Complaints about conduct
The Chief of Police must ensure that every conduct
complaint is investigated (except for reasons cited earlier). After the
investigative report is completed, the Chief or designate may:
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settle the matter by way of informal resolution if
the misconduct was not of a serious nature
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find the complaint unsubstantiated
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find the officer guilty of misconduct and impose a
penalty without a formal hearing where the misconduct is not
serious.
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decide the complaint should be heard by a police
disciplinary hearing.
Can I file a complaint about
the off-duty conduct of a police officer?
A complaint may be filed about the conduct of an
off-duty officer, however, the officer shall not be found guilty of
misconduct if there is no connection between the conduct and either the
occupational requirements for a police officer or the reputation of the
police service.
What takes place at a
disciplinary hearing?
If the Chief of Police orders a disciplinary hearing, a
prosecuting officer or a legal counsel or agent as designated by the
Chief is responsible for presenting the evidence. You will be informed
about your participation at the hearing. The hearing is presided over by
a Hearing Officer who is also designated by the Chief. The Hearing
Officer considers the evidence and decides the outcome.
An officer found guilty of misconduct could face a range
of penalties from reprimand to dismissal and could also be directed to
undergo counselling, treatment or training.
What can I do if I am not
satisfied with a decision at a disciplinary hearing?
A person making a complaint (complainant) or the police
officer named in a complaint may appeal to the Ontario Civilian
Commission on Police Services within thirty (30) days of the decision of
a disciplinary hearing if the officer’s misconduct or unsatisfactory
work performance was not established. If a complainant wishes to appeal
a penalty imposed by the Hearing Officer, consent from the Ontario
Civilian Commission on Police Services is required.
Who are the police accountable
to in the new complaints system?
The Chief of Police is accountable to the Chatham-Kent
Police Services Board which reviews the administration of the complaints
system on a regular basis. The Chief is also accountable to the Ontario
Civilian Commission on Police Services for the Service’s handling of
complaints.
Addresses for filing complaints
Please note that complaints must be written and
signed and cannot be accepted by email.
Ontario Civilian Commission on Police Services
25 Grosvenor Street, First Floor
Toronto, Ontario
M7A 1Y6
Telephone: (416) 326-1189
Fax No.: (416) 314-2036
Toll Free Telephone: 1-888-515-5005
Toll Free Fax No.: 1-888-311-7555
Chatham-Kent Police
Professional Standards Branch
P.O. Box 366,
24 Third Street,
Chatham, Ontario
N7M 5K5
Telephone: (519) 436-6645
Fax No.: (519) 436-6643
E-Mail:
ckpolice@chatham-kent.ca
NOTE: A complainant may also attend any police service
center of the Chatham-Kent Police Service to file a complaint.
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