PUBLIC COMPLAINTS PROCESS

Defining a Complaint:

There are two types of complaints. They relate to:

1. The policies of, or services provided by, the St. Thomas Police Service
2. The conduct of a police officer of the St. Thomas Police Service

How may I make a complaint?

1. 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 our Police headquarters, or the Ontario Civilian Commission on Police Services in Toronto.
2. 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 St. Thomas Police Service. The Chief may decide not to deal with the complaint:

• If it was filed six (6) months after the incident which led to the complaint;
• If it is frivolous, vexatious or made in bad faith;
• If you are not directly affected by the incident.

Information Resolution of Your Complaint

The Police Services Act encourages an informal resolution of conduct complaints, at any time during the process, if the complaint meets the required criteria (and the incident 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 or the Office of the Independent Police Review Director (OIPRD) may continue to deal with your complaint if it is felt that the circumstances warrant further action.

Complaints about policy or services.

If you are not satisfied with the decision of the Chief of Police or his designate, you may request that a review of the complaint by making a written request to the St. Thomas Police Services Board within thirty (30) days of having received notice of the decision.

Complaints about Conduct.

The Office of the Independent Police Review Director (OIPRD) will decide who will investigate a conduct complaint. They may send it back to the originating service for investigation, to another police service for investigation, or investigate the complaint themselves. After the investigation is completed, the investigation will be forwarded to the Chief of Police or his designate and they may:

• Settle the matter by way of information resolution if the misconduct was not of a serious nature;
• Find the complaint unsubstantiated;
• Find the officer guilty of misconduct and impose a penalty without a formal hearing where the misconduct is not serious;
• 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 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 counseling, treatment or training.

What can I do if I am not satisfied with a decision at a disciplinary hearing?

A person making a complaint or the police officer named in a complaint may appeal to the Ontario Civilian Police Commission (OCPC) 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 Police Commission is required.

Who are the police accountable to in the new complaint's system?

The Chief of Police is accountable to the St. Thomas Police Services Board which reviews the administration of the complaints system. The Chief is also accountable to the Office of the Independent Police Review Director (OIPRD) for the Service's handling of complaints.

Addresses for filing complaints:

Please note that complaints must be written, signed and cannot be accepted by email.

• Office of the Independent Police Review Director (OIPRD)

Do you have questions? Visit our frequently asked questions page – FAQ. You may also e-mail us a question or comment at OIPRD@ontario.ca. To assist us in serving you better, please indicate what your inquiry is about.

All complaints must be submitted on the OIPRD Complaints Form.

• St. Thomas Police Service