Today is a milestone of sorts for Victoria’s suspended police chief, Frank Elsner — it has been 500 days since he apologized, in December 2015, for sending inappropriate messages to the wife of a subordinate officer.
In those 500 days, a lot has happened, including Elsner’s suspension, many tough words from the Office of the Police Complaint Commissioner, investigations by two former judges, legal actions this way and that, rulings by the B.C. Supreme Court, extensions, delays, and so on.
There have also been further allegations about Elsner, none of them proven in court. They include allegations of workplace harassment filed by the police union on behalf of four female employees of the department.
Elsner has said his career here is finished, and he wants to resign, but he can’t, for some reason.
Through it all, Elsner has been getting his full salary. The Victoria police board is paying his legal costs, as well.
And for 500 days, the police department has been working under a temporary head. By all reports, acting chief Del Manak has been doing an exemplary job, but the “acting” part of his title is a reminder that this is a police force with senior management in limbo.
So in that sense, we are no further ahead; it could be argued that despite all the wrangling in the past 500 days, nothing concrete has happened. Indeed, the process seems to get stretched whenever weary Victorians think it’s close to resolution.
Recently, Elsner asked for more information on one set of allegations that he provided misleading information to the subordinate officer and an independent investigator, and that he attempted to procure a false statement from a witness. A disciplinary hearing on these matters has to wait until an external investigator reports back by May 9.
Last week, a B.C. Supreme Court Justice ruled that the complaint commissioner abused the process by ordering external investigations into the initial allegations after the police board had already done an internal investigation. That ruling could well be headed for appeal.
Taxpayers are paying, one way or another, for all sides in this multi-sided dispute. We should not be surprised that it appears to be so difficult to find a resolution.
Elsner was suspended almost a year ago, but is still getting paid, and his legal expenses are being covered. There is no incentive for him to wrap this up. In fact, the incentive is to make this soap opera last as long as it possibly can.
What are the taxpayers getting for their money? We are not getting what we are supposed to get: Elsner’s service as the police chief.
No matter how this ends, the Elsner case will be remembered as one of Victoria’s biggest, most muddled financial imbroglios in recent times.
Every legal challenge, every twist and turn, puts us deeper in the hole. It’s time to consider the costs of pursuing arguments that are getting further and further removed from the central issue, namely Elsner’s conduct in 2015. Surely, it does not have to be this complicated.
With the latest court decision, we are delving into the role and powers of the police complaint commissioner. Victoria taxpayers shouldn’t have to foot the bill to resolve such questions.
The Elsner case raises a broad question about the effectiveness of police boards. These boards matter, because they have independent power to set the police budget and drive taxes. But in the end, do they have any power?
Why does the board not simply fire him? Suspend him without pay? Why is the board acting as a group of spectators rather than decision-makers?
The city needs to move on. It’s important to know when to fold ’em.
