Police chief ‘outraged’ over missing journals
Notes contain information about group that wants him removed, Elsner says
Documents just released show suspended Victoria Police Chief Frank Elsner is outraged some of his personal notebooks are missing — notebooks that contain “invaluable information” about a group within the force that Elsner says wanted to push him out of office.
In an affidavit filed Feb. 21 in B.C. Supreme Court, Elsner said he kept a series of notebooks containing his thoughts about the Victoria Police Department. Their contents would be key to his defence against allegations of misconduct he faces.
The notebooks are “akin to a diary,” made to record his thoughts and protect himself in case of legal issues, Elsner said in the court document. They contain sensitive information concerning governance issues and union negotiations.
The notebooks were hidden in a box under Elsner’s desk in the police station. He said he never took them out of the office, which had a combination lock on the door. “I can say with confidence that they were in that box when I was last in my office in December 2015 and I have not removed them since that time.”
On Dec. 18, 2015, Acting Chief Del Manak told Elsner that Vancouver police officers investigating allegations against the chief had taken control of his office.
Elsner assumed the investigators had taken the notebooks. On Jan. 26, 2017, his lawyer told him the investigators did not have the notebooks and could not say whether they were in the office when they took control of it.
“I am outraged that the investigators failed to secure my notebooks and find it inconceivable they would not look for them,” Elsner said.
On Feb. 21, Elsner was advised his request for an investigation into the missing notebooks had been sent to the Office of the Police Complaint Commissioner.
Elsner said he believes the loss of the notebooks weakens his ability to fight his case.
He believes the allegations against him were brought forward by a group of individuals who wanted to remove him as chief constable. “My notebooks contain invaluable information concerning the identity of these individuals and their motives for wanting to remove me.”
In December 2015, police complaint commissioner Stan Lowe ordered an investigation into allegations that Elsner sent inappropriate Twitter messages to the wife of a subordinate officer. Lowe also ordered a public trust investigation into allegations of workplace harassment submitted by the police union on behalf of four female employees.
A third external investigation into allegations Elsner tried to obstruct the Twitter probe was ordered in April 2016. By that time, Elsner had filed a petition in B.C. Supreme Court to stop that investigation, arguing he had already been disciplined by the chairs of the police board. A three-day hearing on the petition was held in November, but a decision has not been released.
Final investigation reports were completed last week and are in the hands of a group of retired judges acting as disciplinary authorities. They are expected to make their decisions by March 10 on whether the allegations against Elsner have been substantiated.
The commissioner then has 20 business days to review their decisions. If an allegation is substantiated, a disciplinary hearing must be held within 40 days.