The Victoria and Esquimalt Police Board is seeking a court order to obtain the Office of the Police Complaint Commissioner’s final investigation report into suspended chief Frank Elsner.
The board is filing a writ of mandamus directing the OPCC to provide it with two documents it says it’s entitled to.
They’re requesting a copy of the OPCC report, which lays out the allegations of misconduct directed toward Elsner, and a copy of the discipline authorities’ decisions including whether or not the allegations are substantiated, and whether disciplinary measures are being considered.
In a news release, Victoria Mayor and Police Board Co-Chair Lisa Helps said the information is required so the board can make an informed decision on Elsner’s employment.
“It is irresponsible to make employment decisions based on information in a press release,” said Helps, referring to an OPCC release last week that announced Elsner would face disciplinary hearings for eight of the 11 allegations against him.
“It is within the authority of the Police Complaint Commissioner to release the final investigation report along with the full substantiation decision report to the board,” said helps. “The Chief is our employee. We cannot make decisions about confidence in the Chief, suspension without pay, or any other decisions, without information. We have been kept in the dark which has limited our ability to make informed decisions.”
Helps said taxpayers are footing the bill for the multiple reports and hearing dates, while Elsner currently remains suspended from his role with pay.
“We need this information now and remain hopeful that the Police Complaint Commissioner also has taxpayers interest in mind and will release this report to us without having to undertake Court proceedings,” she said.
Deputy Police Complaint Commissioner Rollie Woods responded to Helps' criticism saying because she and board co-chair Barb Desjardins, mayor of Esquimalt, were interviewed in the course of the investigation, showing them information from other witnesses could possible taint their testimony if they're called on by the court.
"I can understand that they might want to see this," said Woods. "But there's a couple of problems, and one is that the two mayors were interviewed by the police and they could possibly be witnesses in any future proceedings that take place, whether it's a discipline proceeding or the potential of a public hearing."
Woods also said it is up to the disciplinary authority, not the OPCC, to disseminate the final investigation report and its decision.
Last week’s news release from the OPCC said two retired judges found enough evidence for eight allegations against Elsner to proceed to hearings.
Some of the allegations stem from Elsner’s admission in 2015 that he had exchanged inappropriate messages with a subordinate officer’s wife, which were later determined to be “sexually charged” in the ensuing investigation.
They include charges that Elsner gave misleading information to an officer under his command as well as an investigator, used police equipment for purposes unrelated to his job and tried to procure a false or misleading statement from a potential witness.
Allegations that the chief engaged in unwanted contact with a female Victoria police staff member, made unwelcome remarks of a sexual nature and leered and inappropriately stared at female staff members will also go to a disciplinary hearing.
Elsner has vigorously fought to quash the investigation into his conduct.
He most recently filed a petition in B.C. Supreme Court to have the OPCC’s investigation stayed, saying he wants to resign from his job but can’t until the matter is resolved.
