Suspended Victoria Police Chief Frank Elsner will face disciplinary hearings on eight allegations of misconduct, the Office of Police Complaint Commissioner confirmed Thursday.
In a four-page statement, commissioner Stan Lowe said two retired judges, appointed to act as discipline authorities, found enough evidence to send six allegations of discreditable conduct, one allegation of inappropriate use of department equipment and one allegation of deceit to discipline hearings.
The Victoria Police Board will meet Monday to discuss whether they will continue to employ Elsner and on what terms, said Victoria Mayor Lisa Helps, board co-chair.
In December 2015, Lowe ordered an external investigation into allegations that Elsner sent inappropriate Twitter messages to the wife of a subordinate officer.
At the same time, Lowe ordered a second investigation into allegations of workplace harassment submitted by the police union on behalf of four female employees of the police department.
In April 2016, a third external investigation into Elsner’s conduct was ordered, arising out of information from the first two investigations.
The allegations were investigated by RCMP Chief Superintendent Sean Bourrie. On Feb. 24, his final investigation reports were given to the retired judges.
Retired B.C. Supreme Court judge Ian Pitfield was asked to report on the allegations of workplace harassment. Retired judge Carol Baird Ellan was asked to report on eight misconduct allegations.
Pitfield found there was sufficient evidence that Elsner engaged in unwanted physical contact with female staff at the Victoria Police Department, that Elsner made unwelcome remarks of a sexual nature and inappropriate comments that could be seen to objectify women staff members and that he leered at and inappropriately stared at female staff members.
Baird Ellan found enough evidence to send the Twitter allegations to a discipline hearing. The allegation is that Elsner engaged in conduct with the wife of one of his officers that constituted a breach of trust. She also found enough evidence that Elsner provided misleading information to an investigator and to an officer under his command. Elsner will face allegations at the same hearing that he tried to procure a false statement froma witness and used police equipment for purposes unrelated to his duties.
Baird Ellan found there was insufficient evidence Elsner contacted witnesses during an internal investigation, or that Elsner asked potential witnesses to destroy electronic data or erased or attempted to erase emails.
Deputy police complaint commissioner Rollie Woods stressed that none of the allegations has been substantiated.
“So far, none of this evidence has been tested under cross-examination or has been given under oath,” said Woods. “At the discipline proceedings, the retired judges will hear evidence under oath, the final investigation report will be submitted and witnesses may be called.”
Elsner must decide if he wants to call witnesses and it’s up to the retired judges to approve his request. “That’s where a final decision will be made as to whether any of these allegations are proven to the satisfaction of the retired judges,” said Woods.
The discipline hearings must begin before April 25. They will be closed to the public.
Lowe has said he intends to release a summary report to the public at the end of the process.
A year ago, Elsner filed a petition in B.C. Supreme Court seeking an order to stop the investigation into the Twitter messages, prevent a search of his electronic devices and to remove the summary of his case from the Office of Police Complaint Commissioner website. Elsner said the OPCC had no authority to order an external investigation into conduct that had been the subject of an internal investigation.
Elsner and the OPCC are awaiting a judgment from Chief Justice Christopher Hinkson, who presided over a three-day hearing on the petition in November.
“There’s been no direction from the courts yet,” said Woods. “Just as a general principle, we have previous cases that say it’s premature to stop a process before there’s a decision from the court.”
In his statement, Lowe said he believed it is in the public interest to release information made by the discipline authorities to maintain public confidence in the investigation and administration of police discipline under the Police Act.
In affidavits, Elsner said his reputation had been “irreparably tarnished” and his career in policing was over, no matter what the investigation revealed. More recently, Elsner said he wants to resign, but that he is not free to simply leave his position as chief constable.
