The fiasco of the discipline procedures for former Victoria police chief Frank Elsner makes it clear the province has to change the rules. Mayors should not be responsible for disciplining police chiefs.
A report by B.C. police complaint commissioner Stan Lowe outlined eight acts of misconduct that Elsner committed and a range of penalties imposed by two retired judges, including dismissal from policing.
The case began with allegations in August 2015 that Elsner had exchanged sexually charged messages with the wife of one of his officers over several months.
Esquimalt Mayor Barb Desjardins and Victoria Mayor Lisa Helps, the co-chairs of the Victoria police board, were responsible for dealing with the allegations because the Police Act makes them the discipline authority.
Desjardins and Helps proceeded to demonstrate why that is a bad idea. The two mayors, who had hired Elsner and praised him to the skies, ordered an internal investigation and settled the matter with a letter on Elsner’s file.
They lied to the public about whether an investigation was under way, and when the investigating lawyer found evidence of other possible misconduct, they declined to broaden the scope of the probe.
Lowe stepped in, saying the internal investigation failed the test of fairness, accountability and transparency under the Police Act. He appointed two retired judges to look into the various allegations, with help from Vancouver police and the RCMP.
It became clear that Elsner’s misdeeds were numerous and serious — they merited more than a letter on his file. And it became clear the mayors had botched the whole matter.
As Helps and Desjardins demonstrated, mayors don’t have the skills or experience to investigate such serious charges, and they are conflicted because of their role in hiring the chief.
The province has to change the law so that retired judges are assigned to discipline chiefs and deputy chiefs, because this can’t be allowed to happen again.
