The Office of the Police Complaints Commissioner has issued its final report into the case of former Victoria Police Chief Frank Elsner and it takes aim at the co-chairs of the Victoria Police Board - the mayors of Victoria and Esquimalt.
The report says the way this case was handled has lead the commissioner to recommend changes to the Police Act to make the discipline authority in these circumstances a retired judge, not a mayor.
Commissioner Stan Lowe states "I was disappointed in both the lack of cooperation and the avoidance of communication with our office by the mayors in their very important role of Discipline Authorities in this matter. A strong arguable case can be made that the mayors had predetermined the outcome of the internal discipline process from the outset, and set about navigating a course to allow the former chief to remain in his post."
The commissioner continues, "the mayor of a municipality is an elected politician, and almost always lacks a comprehensive understanding of policing, police culture and the administration of police discipline. Generally, the mayors who serve as police-board chairs do not have adjudicative experience, or a familiarity with administrative law principles."
"It is a most serious event when a Chief Constable becomes the subject of a Police Act investigation, because they occupy such a high position of public trust in the community and the justice system. It makes little sense to entrust the responsibilities of Discipline Authority to a person who lacks the requisite training and experience, and who may have little to no understanding of the complexities of the police discipline system."
Lowe removed mayors Lisa Helps and Barb Desjardnis as the disciple authorities back in 2015 and ordered the external investigations. This was after Lowe found problems with the internal investigation that concluded with a discipline letter going on Elsner’s record.
The report also details what's described as "unprecedented" disciplinary action under the Police Act for Elsner.
This is the final report from the OPCC on the case, which started back in 2015 with initial allegations that Elsner exchanged inappropriate Twitter direct messages with the wife of a subordinate officer. More allegations were later revealed. The report released Wednesday shows that Elsner committed 8 acts of misconduct under the Police Act and the result is that Elsner's record will show a demotion to constable and his dismissal from policing.
Elsner already resigned as chief in 2017 and no longer works in policing.
The report details the findings of two retired judges, who imposed the following discipline.
From Retired Chief Judge Baird Ellan:
1. Discreditable Conduct by misleading a subordinate in connection with the disciplinary investigation: Suspension for 30 days, Demotion to rank of Constable, and Training on ethical issues.
2. Discreditable Conduct by providing misleading information to the internal investigator: Dismissal from policing
3. Deceit by attempting to have a witness provide a false statement to the investigator: Dismissal from policing
4. Discreditable Conduct by engaging in conduct with the spouse of a member under his command, which constituted a breach of trust and conflict of interest: Dismissal from policing.
5. Inappropriate use of police department equipment and facilities: Dismissal from policing.
From Retired Justice Ian H. Pitfield:
6. Discreditable Conduct: unwanted physical contact with female Officer A: Suspension for 30 days and required training for harassment and sensitivity (concurrent for all three matters addressed by DA Pitfield).
7. Discreditable Conduct: unwanted physical contact with female Officer B: see above, Suspension for 30 days and required training for harassment and sensitivity.
8. Discreditable Conduct: inappropriate remarks of a sexual nature toward female Officer B: Suspension for 30 days and required training for harassment and sensitivity.
In the report, Commissioner Stan Lowe says these findings and the accompanying discipline measures are "unprecedented in Canadian policing."
Read the full release here: https://opcc.bc.ca/wp-content/uploads/2018/09/11048-2018-09-26-Media-Statement-FINAL.pdf