Victoria Police Chief Frank Elsner will continue to be paid during his suspension, the police board confirmed Tuesday.
The Victoria and Esquimalt Police Board met Monday to discuss the suspension and the implications of a third external investigation ordered by the Police Complaint Commissioner.
The board will “continue to review its obligations to Chief Elsner in respect to his salary and indemnification for his legal fees,” says an email released by the board.
Elsner is still the chief during his suspension, the email explains. But Acting Chief Del Manak, who has been acting chief since Dec. 18, will continue to take on the duties of chief constable.
The terms administration leave and suspension are essentially the same, says the email. Elsner cannot act as chief and will not wear the uniform or use the equipment of the department.
The Police Act provides that except in exceptional circumstances, a suspension of a police officer is with pay, says the email.
“We must all be reminded that the outstanding investigations involve allegations of misconduct. None of the alleged charges have been substantiated.”
Details of all costs will be available to the public once these matters have concluded, says the email.
In December, Lowe asked B.C. RCMP Chief Supt. Sean Bourrie to investigate allegations that Elsner sent inappropriate Twitter messages to the wife of a subordinate officer and to investigate allegations of workplace harassment submitted by the police union on behalf of four female employees of the police department.
On Friday, Police Complaint Commissioner Stan Lowe ordered a third external investigation into Elsner’s conduct arising out of information he received from the first two ongoing investigations involving the chief.
“The new information came to our attention as a result of investigators being concerned about evidence they were receiving from witnesses and other sources,” deputy police complaint commissioner Rollie Woods said Friday. “They wrote a report [last] Friday and shared it with us and the police board. We reviewed the information and the commissioner was obviously concerned about some of the information.”
The new information includes allegations that Elsner attempted to inappropriately influence potential witnesses during the internal 2015 investigation into the Twitter allegations and during the ongoing public trust investigation.
The information alleges that Elsner asked a potential witness to make a misleading statement during the internal investigation and that Elsner sought access to the Victoria police archive computer server and deleted or attempted to delete emails during the internal investigation. It’s also alleged that Elsner asked a potential witness to destroy electronic data, after Lowe ordered the external investigation.
“These are very serious allegations,” said Woods. “There’s no criminal investigation going on right now. But if evidence of criminal conduct comes to light during the course of this investigation, there’s a possibility that it could be sent to Crown counsel for assessment or charge approval.”
The allegations are “very concerning” because most of the investigation is around information data bases and electronic devices available to Elsner while he was at work, said Woods.
“That’s why the Commissioner decided it was in the public interest to order a third investigation and make it public as well,” said Woods.
In his press release, Lowe asked the public not to rush to judgment or engage in speculation until the process is complete.
“In order to preserve public confidence in the investigation of police misconduct and the administration of police discipline, the Commissioner will release a summary report to the public at the conclusion of the process.”
The first two investigations are expected to be completed by June 18, within six months. The third investigation must be completed by Oct. 29, said Woods.
“But they are all related. Our hope is that these investigations will be completed and submitted to the retired judges at the same time. Because they are really interwoven, in terms of the actions that are alleged to have been taken.”
Retired Judge Ian Pitfield, who is the discipline authority for the new investigation, made the order to suspend Elsner, who has been on administrative leave since December.
On March 11, Elsner filed a petition in B.C. Supreme Court to try to stop the investigation into the Twitter allegations. His petition names Lowe, Esquimalt Mayor Barb Desjardins and Victoria Mayor Lisa Helps as defendents. They are the co-chairs of the police board.
At the time, the board confirmed it was paying Elsner’s legal fees and the legal costs for Desjardins and Helps.
The board will also continue to pay Elsner’s legal fees.
