Elsner discipline hearing delayed

Police chief request results in further investigation

A disciplinary hearing for suspended Victoria Police Chief Frank Elsner, scheduled for this month, will be delayed.

The Office of the Police Complaint Commissioner confirmed last month that Elsner would face eight allegations of misconduct at disciplinary hearings set to begin April 21.

On Tuesday, the OPCC said Elsner had requested additional information under the Police Act.

Retired judge and discipline authority Carol Baird Ellan ordered that further investigative steps be taken.

This means one discipline proceeding will be delayed pending the completion of the supplementary investigation report.

RCMP Chief Supt. Trent Rolfe has been appointed the external investigator. He has until May 9 to make his report.

At that point, Baird Ellan must write another decision. If she still finds that the evidence meets the threshold for a discipline hearing, a new date will be set.

In December 2015, police complaint commissioner Stan Lowe ordered an external investigation into allegations that Elsner sent inappropriate Twitter messages to the wife of a subordinate officer. At the same time, Lowe ordered a second investigation into allegations of workplace harassment submitted by the police union on behalf of four female employees of the police department.

A third external investigation into Elsner’s conduct was ordered in April 2016, based on information from the other investigations.

None of the allegations has been substantiated.

Baird Ellan was asked to report on eight misconduct allegations. She found enough evidence to send the Twitter allegations to a discipline hearing. The allegation is that Elsner engaged in conduct with the wife of one of his officers that constituted a breach of trust.

She also found enough evidence that Elsner provided misleading information to an investigator and to an officer under his command. Elsner also faces allegations that he tried to procure a false statement from a witness and used police equipment for purposes unrelated to his duties.

Baird Ellan found there was insufficient evidence Elsner contacted witnesses during an internal investigation, or that Elsner asked potential witnesses to destroy electronic data or erased or attempted to erase emails.

Another discipline hearing on the allegations of workplace harassment will begin April 21.

Retired B.C. Supreme Court judge Ian Pitfield found there was evidence sufficient for a discipline hearing that Elsner engaged in unwanted physical contact with female staff at the Victoria Police Department, made unwelcome remarks of a sexual nature and inappropriate comments that could be seen to objectify women staff members, and leered at and inappropriately stared at female staff members.

Lowe has said he intends to release a summary report to the public at the end of the process.