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Victoria police chief suspended amid new misconduct allegations

Victoria Police Chief Frank Elsner has been suspended in the face of three new allegations of misconduct.
Frank Elsner.jpg
Victoria Police Chief Frank Elsner

Victoria Police Chief Frank Elsner has been suspended in the face of three new allegations of misconduct.

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.

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.

“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.

The police board is arranging to convene next week to discuss the implications of the order for suspension. The board must now decide whether Elsner will be suspended with or without pay.

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. On Friday, the board confirmed it is reviewing whether it will continue to pay Elsner's legal fees.

Elsner’s lawyer Janet Winteringham said neither she nor Elsner would comment.

“At this stage, it’s very difficult because there’s been a fairly detailed release that’s come out, but even in the face of a detailed media release delivered by the commissioner, neither the chief nor counsel should be commenting on outstanding Police Act investigations,” she said.

The Victoria City Police Union spokesman Sean Plater said the union is aware of the new investigation and will not comment.

“Our members remain focused on providing excellent service to the communities of Victoria and Esquimalt,” said Plater.

Victoria lawyer Paul Pearson said people can take heart from the fact that the Office of the Police Complaint Commissioner is working.

“It’s doing its jobs. Police are subject to significant scrutiny. People in positions of power and control just can’t do whatever they wish,” said Pearson.

ldickson@timescolonist.com