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OAPSB POLICE DISCIPLINE NOVEMBER 20, 2014 To be the best, progressive police service OUR VISION
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SW & SWOP PERFORMANCE HIGHLIGHTS 2 129 Officers Suspended 2012 Less Fit Criteria for SWOP 99.7% Ontario Officers Never Face Suspension So….. What Else is Going On?
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Hamilton – External Complaints 3
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Hamilton – Internal Complaints 4 INTERNAL INVESTIGATIONS 2004 - 2010 CLASSIFICATION CODE2004200520062007200820092010Total BREACH5241 2519 COMPLAINT2 14 1 8 DAMAGE1 1 2 DECEIT11 1 3 DISCREDITABLE CONDUCT5658510746 INSUBORDINATION 11 2 INVESTIGATION*1151866 37 MISCONDUCT9612811239 MISUSE OF AUTHORITY13141 111 NEGLECT OF DUTY4155103836 OTHER1 1 2 UNFIT FOR DUTY1 214 Total31203350242724209
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Hamilton – Internal Complaints 5 INTERNAL INVESTIGATIONS 2011 - 2013 CLASSIFICATION2011%2012%2013%Total% Breach Of Confidence 00.0%31.9%21.3%51.0% Civil52.6% 00.0% 0 51.0% Corrupt Practice21.0%31.9% 00.0%51.0% Criminal Code 00.0%10.6% 00.0%10.2% Deceit84.1%10.6%10.7%102.0% Discreditable Conduct5226.5%3320.5%5637.3%14127.8% Insubordination84.1%127.5%42.7%244.7% Neglect of duty6231.6%5534.2%3724.7%15430.4% Unlawful Use of Authority21.0%21.2%10.7%51.0% (blank)*5729.1%5131.7%4932.7%15731.0% TOTAL196100.0%161100.0%150100.0%507100.0%
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Saving Police Lives 6 Policy Changes Red Light Violations Seatbelts Arrive Alive Program Just Go Home GPS Speed Audits Departmental Collision – At Fault Personal Letter
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Hamilton Awards 7 2013: 9 Major Awards 3 International 2 National 4 Provincial 2014: Webber Seavey Community Policing Program of the Year from IACP (1 st / 65)
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Discipline = Changed Behaviour 8 Departmental Collisions 2013 – 85 (Jan – Sept) 2014 – 62 (Total for 2012 & 2013 were 106) Officers Injured 2014 – 2 Patrol = 6 – 7 M Kms / yr.
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Changing Behaviour 9 Education & Training – Recruits Supervisory Attention People, Policy, Training, Supervision, Accountability Consistency in Management Approach
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Changing Behaviour 10 Progressive Discipline Preventative Measures (Not Discipline) Proper Documentation Written Reprimand Disposition Without Hearing Tribunal
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Since the Time I Started Talking, Have You Touched Your Blackberry / Iphone? PSB Obligation 11 Probationary Officers
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If You Touch Your Blackberry At the Wrong Time, Can you end up in Divisional Court? PSB Obligation 12 Probationary Officers
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Termination Authorized Section 44 PSB is the Employer ADMINISTRATIVE Process NOT Adjudication PSB Must Ensure Procedural Fairness Natural Justice. PSB Obligation 13 Probationary Officers
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Common Law Obligations 4 Criteria for the Board to Meet: Provide Notice of Proposed Termination Provide Legally Proper Reasons Provide Opportunity to Respond Render a Decision Decision: In Good Faith Not Capricious or Arbitrary PSB Obligation 14 Probationary Officers
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Board: Not Obligated to Hear Oral Testimony Board: Not Obligated to Permit Cross Examining Grandits: Divisional Court Board: Is Obligated to Give Full Attention One Member Late, Two Members Accessed Blackberry Arrive early and commence on time, Do Not Allow late members entrance, Do Not Touch Your Blackberry PSB Obligation 15 Probationary Officers
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QUESTIONS? Moving Forward 16 Police Discipline
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