B.C.’s police-complaints commissioner issued a statement last week to describe the road that the case of Victoria Police Chief Frank Elsner might follow en route to a conclusion.
The aim was to “describe this process so that the media and the public can understand what is happening and what information is available to the public at various stages.”
It was a commendable effort, but after reading two full pages about all the processes in play, the one clear understanding is that this case, now well into its second year, is suffocating in process.
The investigative team, after needing four time extensions, has submitted reports on Elsner’s conduct to the retired judges — not one judge, but two — who are serving as discipline authorities.
They are in the early stages of making a “preliminary determination” on whether the evidence meets the threshold required to proceed to a disciplinary proceeding. If yes, it proceeds, within 40 days of the submission of the investigation report. But the outline notes Elsner has the right to request yet more investigation, something the retired judges can accept or reject.
If they conclude no disciplinary proceeding is needed, the commissioner has 20 days to review that and can refer the case to another retired judge to review it independently. If that judge overturns the other judges, he or she will preside over the proceeding. If that judge concurs with the first finding that no hearing is necessary, and the commissioner also agrees, the allegation is concluded.
If it does get to the point of a disciplinary proceeding, “it is important to note that disciplinary proceedings are not open to the public.”
It’s a bit jarring to read in a statement devoted to explaining to the public what’s going on that the guts of the case could never become public.
At the conclusion of any proceeding, the commissioner can initiate a public hearing or a review on the record.
“A public hearing is an entirely new adjudication of the matter, in which evidence may be introduced, including testimony from subpoenaed witnesses.”
All this is independent to some extent of Elsner’s ongoing lawsuit, which has its own process. Taxpayers are paying all these investigators, retired judges, the suspended chief’s legal costs and his salary, to boot.
This case was mishandled from the beginning and has become steadily more convoluted as the months roll on.
It needs to be expedited in any way possible.
