Peace Officer Act Employer Training Session

Transcription

1 Peace Officer Act Employer Training Session March 2007 March 2007

2 Workshop Objectives Provide employers with the information they need to train staff Answer any questions regarding interpretation of the Act 2

3 Details Messages Breaks Rest room locations Emergency exits Workshop hours 3

4 Agenda Introductions Overview of the Act Overview of Regulations Lieutenant Governor Ministerial Navigating the Policy manual 4

5 Introductions Name Who you are representing A question you would like answered today 5

6 Background Special Constable review announced March employers in Alberta 2800 appointments National and international research of best practices Public and industry consultation 6

7 Peace Officer Act Legislation is the result of Albertans contributing their ideas to improve law enforcement and a comprehensive review of best practices Development based on extensive consultation and input from employers and special constables. 7

8 Regulations and Policy Refinement of Regulations and Policy was based on information from 75 stakeholder submissions and over a dozen meetings with stakeholders including employers of peace officers (police services, municipalities and government ministries) 8

9 Timelines On May 24 th, 2006 the Peace Officer Act received Royal Assent. Proclamation on May 1, 2007 Regulations come into force on May 1,

10 Strategic Rationale Peace Officer Act Regulations (LG) Regulations (Ministerial) Policy Manual 10

11 Act: Part 1 Employer s Authorizations and Peace Officer Appointments Employer Authorization & Appointments Employer liability Weapons, uniforms, titles Expansion of peace office authority in emergencies 11

12 Act: Part 2 Complaints and Discipline Process for handling public complaints Reporting to Director Investigations may be triggered Appeal process 12

13 Act: Part 3 Inspections Authorization for Director to conduct inspections / investigations Audit frequency generally every three years Director s directions 13

14 Act: Part 4 Offences and Penalties Impersonation Injunctions Penalties ($10K/6 months) 14

15 Act: Part 5 Regulations Lieutenant Governor in Council Regulation Ministerial Regulations 15

16 Act: Part 6 Transitional Provisions, Consequential Amendments and Coming into Force Legislative Amendments resulting from the enactment of the Act 16

17 Act: Questions Under what circumstances can the Minister suspend or cancel an employer s authorization? What is the difference between suspension, cancellation and cessation? When does a peace officer s appointment cease to be in effect? What is the extent of the employer s liability? 17

18 Act Questions Under what circumstances can an employer refuse to investigate a public complaint? What is the complainant s recourse after receiving notice of disposition from the employer? What are the obligations of the Director? What are the reporting requirements to the Director? 18

19 Peace Officer Regulations (LG) Requirements pertaining to weapons, how to obtain authority to carry them, use and reporting, and pertaining employer responsibilities. Apportionment of costs Maximum of 75% may be assigned to employer 19

20 Break 20

21 Ministerial Regulations: Part 1 Employer Authorization and Peace Officer Appointments Applying for Authorizations and Appointments (new form) (2) Appendix A Qualification requirements Background check Appendix C Oath of office (7) Appendix D Identification cards (9) Reporting information to the Director and employer (10) Annual report requirement (12) 21

22 Ministerial Regulations: Part 2 Code of Conduct, Systems, Records, and MOU Sets out the minimal code of conduct required by employers (13) Detailed requirements for records and agreements that must be kept as they relate to the peace officer program (14,15,16) MOU to be in place by May 1, 2008 (17) 22

23 Section 14 Records management system must include Training undertaken Copies of complaints, investigative results, disposition Date and details of cessation Oath of office Letter of appointment 23

24 Section 15 Operational records system showing the following: Investigations and their disposition Evidence seized, recorded, stored and disposed of Operational logs with daily operations Serious incidents involving a peace officer Shift schedules Any MOU 24

25 Section 16 Retention of records Records of complaints must be kept for at least 5 years Records of administration, management and operations must be kept for at least 3 years 25

26 Reporting Matrix Page of Policy Manual 26

27 Ministerial Regulations: Part 3 Uniforms Identifies the minimum standard for uniforms (18) In force on May 1,

28 New Visual Identities 28

29 29

30 Sample 30

31 31

32 Ministerial Regulations: Part 4 Fees Exemptions (19) Preceding Regulation Out of province police services Crown or Crown agencies Employer authorization: $1000 Application for appointment as a Peace Officer: $100 Everyone currently in the program is converted automatically 32

33 Ministerial Regulations: Part 5 Complaints Acknowledgement of complaints Investigation of complaints Disposition of complaints 33

34 Complaints Against Peace Officers: Through Part 2 of the act and Part 5 of the POMR the program directs authorized employers to adhere to minimum requirements for handling these occurrences. A complaint is captured under the auspices of the Act and Regulations if it is made in writing to the authorized employer. 34

35 Complaints It is recognized that some complaints will be made under circumstances in which an investigation is not required. Frivolous: a complaint intended merely to harass or embarrass. Vexatious: complaint that has no basis in fact or reason, with its purpose to bother, annoy, and embarrass the peace officer or authorized employer. Bad Faith: filing the complaint with intentional dishonesty or with intent to mislead. 35

36 Informal Resolutions of Complaints Section 15(2)(b) of the Act allows for an authorized employer to refuse to investigate or may discontinue the investigation of a complaint if, in the authorized employer s opinion and having regard to all of the circumstances, no investigation is necessary. Authorized employers who choose to make use of this section must have an informal resolution process filed with the Director (Policy Manual 20.4) 36

37 Complaint Findings the complaint is unfounded This means that on the basis of a thorough investigation no reasonable belief exists that the complaint has merit or basis. the complaint is unsubstantiated This means that on the basis of a thorough investigation there is insufficient evidence to determine the facts of the complaint and that it may or may not have occurred. 37

38 Complaint Findings the complaint is found to have merit in whole or in part. This means that on the basis of a thorough investigation that; in whole ; a reasonable belief exists that the peace officer has engaged in misconduct in regards to the entirety of the complaint or; in part ; a reasonable belief exists that the peace officer has engaged in misconduct in regards to a portion(s) of the complaint, but not in its entirety. 38

39 Ministerial Regulations: Part 6 Review and Coming into Force Administrative legislative items. 39

40 Case Study Dealing with a public complaint While the supervisor was is a meeting, Ms. Smith attends the office and provides a written statement that Peace Officer Jones was rude to her while issuing her a speeding ticket. Ms. Smith's complaint is vague and does not reference what specifically she thought was rude, but does state he made a derogatory comment about her, and her passengers age. 40

41 Case Study Dealing with an internal complaint The on duty supervisor is reviewing investigative reports submitted by Peace Officer Jones and notes that Jones conducted a 'undue care and attention' driving investigation under the Traffic Safety Act in the City of Calgary. Jones only has jurisdictional authority for the County of Littlebrook, not for the City of Calgary. What action should you take? 41

42 Reporting Case Study Peace Officer Jones reports to the supervisor that he was arrested but not charged for soliciting a prostitute last week. What do you do? 42

43 Questions? 43

44 Workshop Evaluation 44