policy and procedure conservation officer service · including a member of the conservation officer...
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POLICY AND PROCEDURE CONSERVATION OFFICER SERVICE
Page 1 of 15
Title: Complaints
Effective: March 13, 2015
Revised • January 14, 2016 • October 6, 2017
Staff Affected All Staff
CONTENTS 1.0 Purpose .......................................................................................................................... 2
2.0 Definitions ...................................................................................................................... 2
3.0 Misconduct Complaint ................................................................................................... 3 3.1 General Requirements ................................................................................................... 3
3.2 Complaint Process .......................................................................................................... 6
4.0 Service or Policy Complaint ............................................................................................ 13 4.1 General Requirements ................................................................................................. 13
4.2 Complaint Process ........................................................................................................ 13
5.0 Appendices ..................................................................................................................... 15
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1.0 PURPOSE 1. The purpose of this policy is to facilitate an accessible complaint process and to ensure that a
complaint is resolved in a fair and timely manner. 2. This policy is also intended to inform the public of the agency’s complaint process, including
a. how to make a complaint, b. situations where informal resolution may be an option, c. complaint investigations, and d. how a decision may be appealed.
2.0 DEFINITIONS
1. Complainant means a. a person who makes a complaint, b. a person on whose behalf a complaint is made, or c. a person making a complaint on another’s behalf, if permitted to do so.
2. Complaint includes a misconduct complaint or a service or policy complaint, as defined in this policy.
3. Discipline authority means the person responsible for managing a misconduct complaint. The
discipline authority determines if there is evidence of misconduct and, if appropriate, what disciplinary or corrective measures should be imposed.
3. Frivolous complaint includes a complaint which is trivial, where the conduct complained of is of little
weight or importance, or a complaint which lacks an air of reality.
4. Investigator means the person(s) assigned by the discipline authority to conduct a formal investigation into the circumstances of a complaint. An investigator may be a government employee, including a member of the Conservation Officer Service (“COS”), or an individual outside of government employed or retained by the COS for this purpose. The investigator must have no connection to the complaint.
5. Misconduct complaint means a complaint or information otherwise obtained concerning the conduct of a conservation officer (“officer”) that is alleged to constitute a
a. “disciplinary default”, as set out in COS Policy, Code of Professional Conduct, or b. failure to comply with the Standards of Conduct for Public Service Employees.
6. Respondent officer means the conservation officer who is the subject of a misconduct complaint.
7. Responsible official means the person appointed to manage a service or policy complaint.
8. Service or policy complaint means a complaint regarding the quality of the organization’s service to
the community or its administrative or operational policies and procedures.
9. Vexatious complaint means a complaint which is made without reasonable or sufficient grounds and with the intention to harass, annoy or mislead.
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3.0 MISCONDUCT COMPLAINT 3.1 General Requirements
3.1.1 Discipline Authority
1. The discipline authority is the excluded COS manager with line authority over the respondent officer(s).
a. Typically, the Inspector will act as the discipline authority but it may be the Deputy Chief or Chief Conservation Officer, depending on the officer(s) and/or ranks involved.
2. If a misconduct complaint concerns the Chief Conservation Officer, the discipline authority will be
the Assistant Deputy Minister or the Deputy Minister, as appropriate.
3. The Deputy Chief or Chief Conservation Officer may remove and replace the discipline authority, with cause, excluding those circumstances outlined in item 2 above. The appointment of a new disciplinary authority will be in writing.
3.1.2 Making a Complaint 1. A misconduct complaint may be submitted to the COS in person or by email, phone, fax or mail.
a. While complainants are encouraged to use the COS Complaint Form, it is not required.
2. A complaint may be made by any person who is directly affected by or who witnesses officer misconduct.
3. A complaint may be filed by an individual known to and acting on behalf of a person described in
item #2 above, if that person b. consents to the complaint being made on their behalf, or c. because of age or a mental or physical condition, is incapable of giving consent.
4. A complaint may be made by a third-party complainant if that individual is in possession of
compelling evidence suggesting officer misconduct.
3.1.3 Timeline 1. A misconduct complaint must be made within 12 months of the alleged incident.
a. If the complaint involves several separate incidents, on different dates, it must be made within 12 months of the last alleged incident.
2. The time limit for making a complaint may be extended by the discipline authority if they believe it
to be in the public interest and/or the best interests of the COS.
3. While there is no prescribed time limit for resolving a complaint, each complaint will be managed expeditiously and should be resolved no later than 6 months after it has been received.
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3.1.4 Complainant Rights 1. A complainant who provides valid contact information will
a. be kept informed of the status of their complaint; and b. at the conclusion of the complaint process, receive a written decision from the discipline
authority.
2. If a misconduct complaint is accepted, a complainant who provides valid contact information will also be provided an opportunity to
a. participate in an informal resolution process (as applicable); and b. indicate what they believe would be an appropriate remedy in the circumstances.
3.1.5 Withdrawal of a Complaint 1. A complainant may withdraw their misconduct complaint at any time by submitting a request to the
discipline authority. a. A withdrawal request may only be cancelled within 2 weeks of its submission.
2. Even if withdrawn, the discipline authority may initiate a complaint investigation if they believe it to
be in the public interest and/or the best interests of the COS. In this situation the complainant has abandoned the rights set out in section 3.1.4 above.
3.1.6 Informal Resolution 1. The goal of informal resolution is to find a mutually agreeable solution to a misconduct complaint.
The focus is on dialogue, education and, where applicable, repairing any harm done. 2. Informal resolution is only available for a misconduct complaint that is less serious and relatively
uncomplicated in nature. It is not available for complaints that a. allege serious physical, emotional or psychological harm or financial loss to the complainant; b. allege violation of the complainant’s dignity or privacy, or rights recognized by law; or c. in any other way appear to require a formal investigation in order to maintain public
confidence in the COS.
3. Informal resolution is a voluntary process and will only be considered valid if a. the affected parties consent to the process, and b. it has been authorized by the discipline authority.
4. Informal resolution is available at any time in the complaint process prior to submission of the
Investigation Report to the discipline authority. 5. A complainant may appoint a person of their choice to act as support during the informal resolution
process. The role of the support person is to help ensure the complainant's voice is heard. 6. If there are multiple complainants and/or respondent officers, informal resolution is available to
those participants who are willing.
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7. If a misconduct complaint is unsuitable for informal resolution, or the informal resolution process is unsuccessful, a complaint investigation will be initiated.
3.1.7 Appeals 1. A complainant may appeal a discipline authority’s decision that an allegation was unsubstantiated.
2. A complainant may not appeal
a. the dismissal of a complaint, or b. any corrective or disciplinary measures imposed.
3. An appeal must include
a. the decision being appealed, b. the reason(s) for the appeal, and c. supporting information, if available.
4. An appeal must be submitted within 30 days of receipt of the discipline authority’s written decision.
a. The time limit for submitting an appeal may be extended by the review official if they believe it to be in the public interest or the best interests of the COS.
5. The Chief Conservation Officer will act as the review official for an appeal, or reassign this duty to an
independent and appropriately qualified individual. a. The review official’s decision is final.
6. A respondent officer, if a member of the BCGEU, may appeal a discipline authority’s decision by
filing a grievance in accordance with the Public Service (Master) Agreement.
3.1.8 Excluded Complaints 1. This policy does not apply to the misconduct complaints described below.
2. A complaint against a conservation officer acting in their capacity as a Special Provincial Constable
will be managed in accordance with COS Policy, Complaints Against Conservation Officers Acting as Special Provincial Constables.
3. A complaint against an individual acting in their capacity as an auxiliary or special conservation
officer, pursuant to a designation under section 106 (3) (b) of the Environmental Management Act, will be forwarded to the most appropriate manager with line authority over that individual.
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3.2 Complaint Process
3.2.1 Complaint Intake 1. COS staff will assist a complainant with the submission of a misconduct complaint, as required. 2. If assistance is provided with filling out a COS Complaint Form, COS staff will ensure
a. the complainant is in agreement with its contents, and b. the nature and extent of their assistance is properly documented.
3. If a complaint is resolved at the time that it is received (e.g., advice or information provided), the
discipline authority may authorize this outcome as an informal resolution. a. A signed Informal Resolution Agreement is not required in these instances. However, the
complainant’s satisfaction with the outcome must be properly documented.
4. A complaint will be forwarded to the discipline authority as soon as practicable. a. If a complaint is received in letter format, including email, forward the complaint as is. Do
not re-enter the information in a complaint form.
5. COS staff will take all reasonable steps to maintain the confidentiality of a misconduct complaint. 3.2.2 Complaint Review
1. The discipline authority will make a preliminary determination to accept or dismiss a misconduct
complaint. A misconduct complaint will be accepted if it a. contains at least one allegation that, if proven true, would satisfy the definition of a
misconduct complaint; b. was submitted by an eligible person; c. was received within the prescribed time limit (as appropriate); and d. involves a current employee.
2. If a complaint does not satisfy the above criteria, or the allegations are frivolous or vexatious, the discipline authority may dismiss the complaint.
3. The discipline authority will send an email to their supervising member of COS Executive which a. summarizes the complaint, b. indicates the complaint was accepted or dismissed, and c. includes an attachment of the original complaint (e.g., the completed COS Complaint Form).
4. If the complaint includes credible allegations of an offence, the discipline authority will defer email
notification, as described in item # 3 above, and immediately notify the Chief Conservation Officer by telephone. Depending on the circumstances, the discipline authority may also be required to notify the law enforcement agency of jurisdiction.
5. COS Executive must confirm if a misconduct complaint will be accepted or dismissed before the complaint process proceeds further.
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3.2.3 Complaint Tracking 1. All misconduct complaints (accepted or dismissed) will be tracked.
2. The discipline authority will ensure the complaint process is properly documented, including the
complaint timeline and key decisions and actions.
3. Following a review of the complaint, the discipline authority will open the “COS_Restricted_PSI” file folder on the COS shared drive (O:) and:
a. open the Professional Standards Investigations Tracking Log (“tracking log”) and complete all applicable fields;
b. create a file folder (“PSI File”) labelled with the PSI number assigned in the tracking log; c. save all relevant documents to the PSI File; and d. ensure file naming within PSI File is consistent and clearly identifies the contents of each file.
3.2.4 Notice of Dismissal 1. If a misconduct complaint is dismissed the discipline authority will send a Notice of Dismissal to the
complainant. A Notice of Dismissal will be sent within 2 weeks of receiving the complaint and will include
a. a summary of the allegations; b. reasons for the dismissal; and c. indication that an appeal/review is not available under the COS Complaints Policy and no
further action will be taken.
2. A copy of the Notice of Dismissal will be sent to the respondent officer and their direct supervisor (as appropriate).
3.2.5 Notice of Acceptance 1. If a misconduct complaint is accepted the discipline authority will send a Notice of Acceptance to
the complainant. A Notice of Acceptance will be sent within 2 weeks of receiving the complaint and will include
a. a summary of the allegations; b. the specific allegation(s) to be accepted / dismissed (as applicable); and c. an outline of the next steps in the complaint process, including discussion of informal
resolution or a complaint investigation.
2. Following notification of the complainant, the discipline authority will send a Notice of Complaint to the respondent officer(s) and a copy to their direct supervisor and COS Executive. A Notice of Complaint will include:
a. a summary of the allegations; b. the specific allegation(s) to be accepted / dismissed (as applicable); c. an outline of the next steps in the complaint process, including discussion of informal
resolution or a complaint investigation; and d. if a complaint investigation, a respondent officer’s right to receive advice and support from
their union or, if excluded, from a support person of their choice.
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3. On written authorization from, and for a term specified by the Chief Conservation Officer, the discipline authority may withhold the following from a respondent officer
a. the name of a complainant, or b. the Notice of Complaint entirely, where such notice might prejudice a complaint
investigation.
3.2.6 Informal Resolution 1. If informal resolution is feasible, the discipline authority will contact the parties directly to:
a. discuss the collaborative, problem-solving approach, and b. confirm their consent.
2. If a complainant and respondent officer both consent, the discipline authority may act as the
facilitator or assign the responsibility to an independent and appropriately qualified third party. a. A facilitator may use any reasonable and mutually agreed-upon means to attempt a
resolution, which may include working with the parties i. individually (e.g., providing information face-to-face, by telephone or by written
correspondence); ii. together (e.g., audio/video conferencing or a face-to-face meeting); or
iii. by some combination of the above two approaches. 3. While the informal resolution process will be properly documented, any discussions that do occur
will not be audio or video recorded. 4. If the parties agree to an informal resolution, the discipline authority will use the Informal
Resolution Agreement to document a. the issues involved, b. the specific terms of the agreement, and c. the signed consent of the parties.
5. If consent for the Informal Resolution Agreement is not revoked within 2 weeks of the signing date,
the outcome is a. documented in a Confirmation of Informal Resolution, and b. considered final and binding and the complaint closed.
6. If informal resolution is unsuccessful, the matter will proceed (or continue) with a complaint
investigation. The discipline authority will a. notify the parties using the Cancellation of Informal Resolution; and b. ensure information collected during the informal resolution process is not transferred to the
investigation.
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3.2.7 Complaint Investigation
1. The discipline authority must not act as an investigator. Discipline Authority - Key Responsibilities 1. Appoint, in writing, an independent investigator who
a. has an appropriate level of knowledge, skills and experience to plan and manage the investigation;
b. does not work under the supervision of the person being investigated; and c. will not otherwise reasonably give rise to a concern of bias.
2. If you anticipate a large and complex investigation, you may assign more than one investigator.
3. In consultation with the investigator(s), establish terms of reference for the investigation. While
terms of reference will vary, depending on the nature of the complaint, consider a. purpose and scope; b. an investigative plan and timeline; c. confidentiality and disclosure issues; d. the respondent officer’s rights; e. monitoring and reporting requirements; and f. any other special requirement unique to the complaint.
4. If the investigator is a member of the BCGEU, have Support Services create a temporary file folder
on the secure PSI SharePoint (“SharePoint PSI File”) to serve as the investigator’s case file. The SharePoint PSI File will
a. be labelled only with the “PSI Number” assigned in the tracking log; and b. restrict access (“library permissions”) to the discipline authority and the investigator(s).
5. If the parties subsequently agree to participate in an informal resolution process, after a complaint
investigation has been initiated, temporarily suspend the investigation. a. Nothing obtained during the investigation may be transferred to the informal resolution
process. b. An investigator assigned to the complaint investigation may not participate in or be privy to
the informal resolution process. c. If the complaint is resolved through informal resolution, the investigation materials will be
destroyed. d. If the informal resolution process is unsuccessful, the discipline authority may re-activate
the investigation. However, nothing which was surfaced or presented during the informal resolution process may be transferred to the investigation.
6. Ensure the complainant and the respondent officer(s) are kept informed of the status of the
investigation, as appropriate.
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Investigator - Key Responsibilities 1. Report directly to the discipline authority for the duration of the investigation.
a. Unless otherwise directed, completion of the investigation will take priority over other duties.
2. Document your investigation in a continuation report.
3. Ensure the terms of reference for your investigation are clearly understood.
4. Take all reasonable steps to
a. obtain all factual information pertinent to the complaint; b. protect the confidentiality and privacy of the persons involved, subject to the requirements
of a fair and lawful investigation; and c. provide the complainant an opportunity to submit recommendations, with reasons, on what
they feel would be appropriate corrective or disciplinary measures.
NOTE: Persons interviewed during the course of the investigation cannot be assured that strict confidentiality will be maintained (i.e., legal privilege typically does not apply).
5. Store all file material in the
a. PSI File, if you are an excluded employee; or b. SharePoint PSI File, if you are in included employee.
6. Keep the discipline authority informed of the progress of the investigation.
7. Consult the discipline authority if issues arise respecting employee rights.
a. Immediately notify the discipline authority, by telephone, of any information that suggests a respondent officer should be temporarily reassigned or placed on a leave of absence with pay, pending completion of the investigation.
8. Provide the respondent officer a minimum of 48 hours’ notice before conducting an interview, and
ensure they understand a. the totality of the allegations against them (complete disclosure of the investigative file to
the officer is not required); b. the interview will be audio recorded (and possibly audio and video recorded); and c. their right to union representation, if an included employee, or their right to have a support
person attend if an excluded employee.
9. If an included employee waives their right to union representation, ensure a Waiver of Representation is completed.
10. At the conclusion of your investigation submit an Investigation Report to the discipline authority.
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Conservation Officer - Key Responsibilities 1. An officer is required to cooperate fully with all lawful and reasonable employer directions under
this policy. This may include, but is not necessarily limited to, a request from an investigator to: a. answer questions in respect of matters relevant to the investigation and attend at a place
specified by the investigator to answer those questions; and b. provide the investigator with a written statement in respect of matters relevant to the
investigation.
2. Unless otherwise authorized, a conservation officer must maintain confidentiality with respect to any aspect of an investigation, including the fact of being questioned or asked to provide a written statement as described in item #1 above.
3.2.8 Notice of Decision 1. If a temporary SharePoint PSI File was created, the discipline authority will ensure
a. all of the file material is moved to the corresponding PSI File; and b. the SharePoint PSI File is deleted, including from the PSI SharePoint’s “Recycle Bin”.
2. On receiving a copy of the Investigation Report, the discipline authority may
a. have the matter further investigated, if the Investigation Report appears incomplete or flawed; and/or
b. review any other relevant records, if not made available to the investigator (e.g. performance appraisals, previous discipline, training records, emails, etc.).
3. Once a determination is made, the discipline authority will prepare a Notice of Decision.
a. The Notice of Decision will explain the reasons for a decision (i.e., the substantial and key issues upon which the decision turns).
b. The Notice of Decision will not disclose to the complainant the specifics of any disciplinary or corrective measures, if imposed. The purpose of the letter is to advise whether or not the complaint was found to have any merit and if so, what actions (in general terms) the COS is taking to remedy the situation and/or prevent a recurrence. Some exceptions may apply (e.g., a decision includes a component which directly impacts upon the complainant, including a letter of apology).
4. The Notice of Decision will be copied to
a. the complainant, including information on how to appeal, b. the respondent officer(s) and their direct supervisor(s), c. the lead investigator, d. the Chief Conservation Officer, and e. the PSI File.
5. Should a misconduct complaint be substantiated, any disciplinary or corrective measures imposed
will be in accordance with applicable human resource policies and the Public Service (Master) Agreement.
6. The discipline authority will monitor the implementation of any disciplinary or corrective measures imposed.
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3.2.9 Appeal and Review 1. If a valid appeal is submitted, the review official will
a. review the complaint file; b. assess the nature and quality of the investigation; c. assess how the complaint was managed ; d. assess the appropriateness of the discipline authority’s decision; e. provide the discipline authority on opportunity to comment on the appeal; f. if warranted, have the matter further investigated by an independent and appropriately
qualified person; and g. document their decision, with reasons, in a Conclusion of Proceedings (Appeal) letter.
2. The Conclusion of Proceedings (Appeal) will be copied to
a. the complainant, b. the respondent officer(s) and their direct supervisor(s), c. the discipline authority, d. the Chief Conservation Officer, if applicable, and e. the PSI File.
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4.0 SERVICE OR POLICY COMPLAINT
1. If a service or policy complaint involves alleged or possible misconduct, it will be managed in accordance with section 3 of this policy.
4.1 General Requirements
4.1.1 Making a Complaint
1. A service or policy complaint may be submitted to the COS in person or by email, phone, fax or mail.a. While complainants are encouraged to use the COS Complaint Form, it is not required.
2. Any person may make a service or policy complaint.
4.1.2 Timeline
1. A service or policy complaint will be managed expeditiously and should be resolved no later than30 days after it has been received.
4.1.3 Complainant Rights
1. A complainant who provides valid contact information willa. be kept informed of the status of their complaint; andb. at the conclusion of the complaint process, receive a written decision from the responsible
official.
4.1.4 Appeals
1. The decision of the responsible official respecting a service or policy complaint cannot be appealed.
4.2 Complaint Process
4.2.1 Complaint Intake
1. COS staff will assist a complainant with the submission of a service or policy complaint, as required.
2. If assistance is provided with filling out a COS Complaint Form, COS staff will ensurea. the complainant is in agreement with its contents, andb. the nature and extent of their assistance is properly documented.
3. A complaint will be forwarded to the Deputy Chief Conservation Officer with direct responsibility forthe subject matter of the complaint.
a. If a complaint is received in letter format, including email, forward the complaint as is. Donot re-enter the information in a complaint form.
4. The Deputy Chief Conservation Officer will act as, or appoint the responsible official for thecomplaint.
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4.2.2 Complaint Tracking 1. All service or policy complaints (accepted or dismissed) will be tracked.
2. The responsible official will ensure the complaint process is properly documented, including the
complaint timeline and key decisions and actions.
3. On receiving a copy of the complaint, the responsible official will open the “COS_Restricted_PSI” file folder on the COS shared drive (O:) and:
a. open the Service or Policy Complaint Tracking Log (“tracking log”) and complete all applicable fields;
b. create a file folder labelled with the file number assigned in the tracking log; c. save all relevant documents to the file folder; and d. ensure file naming within file folder is consistent and clearly identifies the contents of each
file.
4.2.3 Complaint Investigation
1. The responsible official will do one or more of the following: a. if the complaint does not appear to be sensitive or complicated in nature, contact the
complainant directly and attempt to resolve the matter informally (e.g., advice or information provided);
b. initiate further research concerning the complaint; c. initiate an investigation into the complaint; d. dismiss the complaint, with reasons; e. take any other course of action considered necessary to respond adequately to the
complaint.
2. If further actions are to be taken, and the timeline for resolving the complaint extended, the responsible official will advise the complainant of same.
3. Once a determination is made, the responsible official will provide the complainant a written response, including (as applicable):
a. an explanation for the agency’s actions, including COS or other relevant policy; b. a summary of the results of any investigation or research initiated because of the complaint
(as applicable); and c. next steps, which may entail no further action; or considering, proposing or implementing
policy changes to prevent recurrence and/or improve performance and accountability.
4. A copy of the written decision will be provided to the Deputy Chief Conservation Officer (as appropriate).
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5.0 APPENDICES 1. The following complaint forms are saved in the Personnel folder in the COS Forms Library under
“Complaints”.
2. Appendices 2 to 11 apply to misconduct complaints only. Appendix 1: COS Complaint Form Appendix 2: Notice of Acceptance - Complainant Appendix 3: Notice of Complaint - Officer Appendix 4: Notice of Dismissal Appendix 5: Informal Resolution Agreement Appendix 6: Confirmation of Informal Resolution Appendix 7: Cancellation of Informal Resolution Appendix 8: Waiver of Representation Appendix 9: Investigation Report Appendix 10: Notice of Decision – Misconduct Complaint Appendix 11: Conclusion of Proceedings (Appeal)
MINISTRY OF ENVIRONMENT CONSERVATION OFFICER SERVICE CHAPTER 2: PERSONNEL SECTION 2: STANDARDS OF CONDUCT SUBSECTION 04: CODE OF PROFESSIONAL CONDUCT
EFFECTIVE DATE: 2004/01/10 FILE: 31000-00-C2 S2.04 PAGE NUMBER: 1 of 7
NAME OF PROCEDURE: • CODE OF PROFESSIONAL CONDUCT STAFF AFFECTED: • Conservation Officers; Managers, Conservation Officer Service; Deputy Chief Conservation Officers; Chief Conservation Officer; AUTHORITY: • Environmental Management Act, Section 106(3). RELATIONSHIP TO PREVIOUS PROCEDURE: • Replaces none. Cross-ref.: Enforcement Program Policy and Procedure
Manual chapter 2, section 2, subsection 05, “Public Complaint” and chapter 2, section 2, subsection 06 “Complaints Against Conservation Officers Acting as Special Provincial Constables.”
PURPOSE OF PROCEDURE: • The purpose of this procedure is to establish a code of conduct
for members of the Conservation Officer Service by ensuring that conservation officers are accountable, identifying guidelines for determining a breach of the code and identifying the appropriate disciplinary or corrective measures.
ISSUANCE: • Chief Conservation Officer Approval: Original Signed by M. A. Hayden Date: January 7, 2004
Chief Conservation Officer
MINISTRY OF ENVIRONMENT CONSERVATION OFFICER SERVICE CHAPTER 2: PERSONNEL SECTION 2: STANDARDS OF CONDUCT SUBSECTION 04: CODE OF PROFESSIONAL CONDUCT
EFFECTIVE DATE: 2004/01/10 FILE: 31000-00-C2 S2.04 PAGE NUMBER: 2 of 7
ONS:1.0 DEFINITI Act means the Environmental Management Act, SBC 2003, c.57.
Code means Code of Conduct established by this procedure. Dismissal includes revocation of designation as a conservation officer under the Act. Disciplinary authority means a COS Manager in relation to a conservation officer assigned to a region; a D/Chief C.O. in relation to a conservation officer assigned to headquarters; the Chief C.O. in relation to a COS Manager or a D/Chief C.O.; and the ADM or DM in relation to the Chief C.O Supervisor means, in relation to a conservation officer, the Chief C.O., a D/Chief C.O., a COS Manager or any other conservation officer designated by one of these persons to supervise conservation officers.
2.0 GENERAL: 1. This Code is a guide to conservation officers in the performance of their duties and functions
respecting the preservation of peace, the prevention of offences against the law, the administration of justice and other non law enforcement duties assigned to conservation officers.
2. This Code is to be interpreted as requiring that all conservation officers
a. accept the duty to act without favour or personal advantage, b. are committed to treating all persons or classes of persons equally, regardless of race,
colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status, and
c. agree to uphold rights and freedoms granted or protected by law. 3. This Code is to assist the Conservation Officer Service in delivering fair, impartial and effective
enforcement services to the public in a way that does not unduly impede the ability of conservation officers to carry out their duties.
4. A conservation officer breaches this Code if the officer commits or attempts to commit any of
the following disciplinary defaults as defined in Part 3.0, section A. (Identifying a Disciplinary Default): a. discreditable conduct, b. neglect of duty,
MINISTRY OF ENVIRONMENT CONSERVATION OFFICER SERVICE CHAPTER 2: PERSONNEL SECTION 2: STANDARDS OF CONDUCT SUBSECTION 04: CODE OF PROFESSIONAL CONDUCT
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c. deceit, d. improper disclosure of information, e. corrupt practice, f. abuse of authority, g. improper use and care of firearms, h. damage to government property, i. misuse of intoxicating liquor or drugs in a manner prejudicial to duty, j. conduct constituting an offence, k. being a party to a disciplinary default, or l. improper off-duty conduct.
5. A conservation officer, if found committing or to have committed a disciplinary default, is subject to the disciplinary or corrective measures imposed by a disciplinary authority.
3.0 PROCEDURE: A. IDENTIFYING A DISCIPLINARY DEFAULT
Discreditable Conduct 1. A conservation officer commits the disciplinary default of discreditable conduct if:
a. the conservation officer, while on duty, acts in a disorderly manner or in a manner that is i. prejudicial to the maintenance of discipline in the Conservation Officer Service,
or ii. likely to discredit the reputation of the Conservation Officer Service.
b. the conservation officer’s conduct, while on duty, is oppressive or abusive to any person, c. the conservation officer contravenes a provision, standard, procedure or rule made under
Section 106 of the Environmental Management Act, d. the conservation officer withholds or suppresses a complaint or allegation of a
disciplinary default against any other conservation officer, auxiliary conservation officer or special conservation officer,
e. the conservation officer fails to report to another conservation officer who is responsible for an investigation, or to Crown Counsel, any information or evidence, either for or against any person, that is material to an alleged offence under an enactment of British Columbia or Canada, that is being investigated by a member of the COS, or
f. the conservation officer suppresses, tampers with or fails to disclose to an investigating officer, or to the discipline authority, information related to a member of the COS that is material to an investigation or other proceeding under this Code or under the Special Provincial Constable Complaint Procedure Regulation.
Neglect of Duty 2. A conservation officer commits the disciplinary default of neglect of duty if;
MINISTRY OF ENVIRONMENT CONSERVATION OFFICER SERVICE CHAPTER 2: PERSONNEL SECTION 2: STANDARDS OF CONDUCT SUBSECTION 04: CODE OF PROFESSIONAL CONDUCT
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a. the conservation officer, without lawful excuse, fails to promptly and diligently i. obey a lawful instruction of a supervisor of the conservation officer, or ii. perform his or her duties as a conservation officer.
b. the conservation officer fails to work in accordance with instructions, or leaves an area, or other place of duty without authorization or sufficient cause or, having left a place of duty with authorization or sufficient cause, fails to return promptly, or
c. the conservation officer is absent from, or late for, duty without reasonable excuse.
Deceit 3. A conservation officer commits the disciplinary default of deceit if, with intent to deceive,
falsify or mislead; a. the conservation officer makes or signs a false, misleading or inaccurate oral or written
statement or entry in any official document or record except as part of conducting an approved undercover investigation as per procedure titled Undercover Operations, chapter 7 section 4 subsection 01 , or
b. the conservation officer, i. destroys, mutilates or conceals all or any part of an official document or record,
or ii. alters, erases or adds to any entry in an official document or record.
Improper Disclosure of Information 4. A conservation officer commits the disciplinary default of improper disclosure of information if;
a. except as required in the performance of his or her duties, i. discloses information that is acquired by the conservation officer in the course of
being a conservation officer, or ii. removes or copies a record of the Conservation Officer Service or the government,
or b. makes, signs or circulates a petition or statement, in respect of a matter concerning the
Conservation Officer Service or the government, i. knowing that all or any part of the petition or statement is false, or ii. having reckless disregard as to the truth or the petition or statement.
Corrupt Practice 5. A conservation officer commits the disciplinary default of corrupt practice if;
a. the conservation officer fails to properly account for, or to make a prompt and true return of, any money or property received by the conservation officer in the course of duty,
b. the conservation officer agrees to be under a pecuniary or other obligation to any person in a manner that might affect the proper performance of the duties of the conservation officer, or
c. for personal gain or for purposes unrelated to the performance of his or her duties as a conservation officer, the conservation officer
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i. uses his/her authority or position as a member of the Conservation Officer Service, or
ii. uses any equipment or facilities of the Conservation Officer Service or the provincial government outside the terms of the collective agreement or in violation of government policy.
Abuse of Authority 6. A conservation officer commits the disciplinary default of abuse of authority if he or she;
a. without sufficient cause arrests, detains or searches a person, b. uses unnecessary force on a person, c. while on duty, is discourteous or uncivil or uses profane, abusive or insulting language to
a person including, without limitation, language that tends to demean or show disrespect to a person on the basis of that person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or economic and social status, or
d. harasses, intimidates or retaliates against a person who makes a report about the conduct of a conservation officer or who has submitted a complaint under the Conservation Officer Public Complaint Procedure.
Improper Use and Care of Firearms
7. A conservation officer commits the disciplinary default of improper use and care of firearms if the conservation officer uses or cares for firearms in a manner that is contrary to the standards set out in the Conservation Officer Service procedures respecting firearms training, use, care, handling, storage or transportation.
Damage To Government Property 8. A conservation officer commits the disciplinary default of damage to government property if the
conservation officer; a. with intent or through negligence loses, destroys or causes any damage to
i. any government property, or ii. any property the care of which has been entrusted to the conservation officer in
the course of the conservation officer’s duties, or b. fails to report any loss or destruction of or any damage to any property referred to in
paragraph a., however caused. Misuse of Intoxicating Liquor or Drugs in a Manner Prejudicial to Duty 9. A conservation officer commits the disciplinary default of misuse of intoxicating liquor or drugs
in a manner prejudicial to duty if;
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a. the conservation officer, on reporting for or while on duty, is impaired by drinking intoxicating liquor, using a drug for non-medical purposes or intentionally misusing a prescription drug, or
b. the conservation officer, without proper authority, makes any use of, or receives from any other person, an intoxicating liquor or a non-medicinal drug while on duty.
Conduct Constituting an Offence 10. A conservation officer commits the disciplinary default of conduct constituting an offence if the
conservation officer is found guilty of an offence under an enactment of Canada, or any province or territory in Canada that renders the conservation officer unfit to perform his or her duties as a conservation officer or that is likely to discredit the reputation of the Conservation Officer Service.
Being a Party to a Disciplinary Default 11. A conservation officer commits the disciplinary default of being a party to a disciplinary default
if the conservation officer aids, abets, counsels, or is an accessory after the fact to a disciplinary default under this code.
Improper Off-Duty Conduct 12. A conservation officer commits the disciplinary default of improper off-duty conduct if;
a. the conservation officer, while off-duty, asserts or purports to assert authority as a conservation officer or peace officer and does an act that would constitute a disciplinary default if done while the conservation officer is on duty, or
b. the conservation officer, while off duty, acts in a manner that is likely to discredit the reputation of the Conservation Officer Service.
Exception 13. A conservation officer does not commit a disciplinary default under section 1 a. or b. or 6 c. if the
conservation officers’ action, omission or conduct, as the case may be, is necessary in the proper performance of authorized work.
B. ACTION TAKEN AS A RESULT OF A DISCIPLINARY DEFAULT 1. After finding that a disciplinary default has occurred and in accordance with the Collective
Agreement for unionized employees, the disciplinary authority may recommend or impose one or more of the following disciplinary or corrective measures in relation to the conservation officer concerned: a. dismissal (Deputy Minister) b. revocation of C.O. designation (Chief C.O.); c. suspension up to 5 days (Chief C.O.); d. suspension of C.O. designation (Chief C.O.);
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e. direction to work under close supervision; f. direction to undertake special training or retraining; g. direction to undertake professional assessment and/or counselling; h. written reprimand; i. verbal reprimand.
2. If the disciplinary authority considers that one or more disciplinary or corrective measures are
necessary, an approach that seeks to correct and educate the conservation officer concerned takes precedence over one that seeks to blame and punish, unless the preferred approach is unworkable or would bring the administration of Conservation Officer Service discipline into disrepute.
3. Aggravating and mitigating circumstances must be considered in determining just and appropriate
disciplinary or corrective measures for a breach of this Code, including, without limitation, a. the seriousness of the breach, b. the conservation officer’s record of employment as a conservation officer, including,
without limitation, his or her service record of discipline, if any, and any other current record concerning past discipline defaults,
c. the impact of the proposed disciplinary and corrective measures on the conservation officer and on the conservation officer’s career and family,
d. the likelihood of future breaches of this Code by the conservation officer, e. whether the conservation officer accepts responsibility for the breach and is willing to
take steps to prevent a recurrence of the breach, f. the degree to which the Conservation Officer Services’ policies, standards, rules or
internal procedures or the actions of the conservation officer’s supervisor contributed to the breach,
g. the range of disciplinary or corrective measures imposed in similar circumstances, if known, and
h. other aggravating or mitigating factors.
4. The disciplinary authority that undertakes any action under B. 1 (a) to (h) shall ensure that appropriate documentation is placed in the conservation officer’s personnel file.
5. Nothing in this Code prevents the Chief Conservation Officer or the Minister from doing one or
both of the following: a. issuing an apology on behalf of the Conservation Officer Service or the government or,
with the consent of the conservation officer on behalf of conservation officer; b. considering, proposing or implementing policy changes designed to prevent recurrence of
a breach of this Code.
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AMENDMENT DATE: 2003/09/30
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NAME OF PROCEDURE: • COMPLAINTS AGAINST CONSERVATION OFFICERS ACTING AS SPECIAL PROVINCIAL CONSTABLES
STAFF AFFECTED: • Conservation Officers; COS Managers; Deputy Chief Conservation Officers; Chief Conservation Officer; Director, Police Services, Ministry of Public Safety and
Solicitor General AUTHORITY: • BCGEU Collective Agreement; BC Reg. 205/98, Code of Professional Conduct
Regulation; BC Reg. 206/98, Special Provincial Constable Complaint
Procedure Regulation. Environmental Management Act RELATIONSHIP TO PREVIOUS PROCEDURE: • Replaces none. Cross-ref.: chapter 2, section 2,
subsection 05, “Public Complaint Procedure”. PURPOSE OF PROCEDURE: • To confirm the procedure set out in BC Reg. 206/98 for
handling complaints against conservation officers acting in their capacity as Special Provincial Constables.
ISSUANCE: • Chief Conservation Officer Approval: Original signed by D. Humphries Date: Jan. 19/1999
Chief Conservation Officer
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1.0 DEFINITIONS: Refer to Introduction - Definitions Complaint means a written allegation respecting the conduct of a conservation officer, COS Manager, D/Chief C.O., or Chief C.O., which if substantiated would constitute a disciplinary default under the Police Act Code of Professional Conduct Regulation, BC Reg. 205/98. Special Provincial Constable means a person appointed under section 9 of the Police Act.
2.0 GENERAL:
1. A submitted allegation that does not meet the definition of a complaint as described in
1.0 DEFINITIONS and the conditions set out in BC Reg. 206/98, the Special Provincial Constable Complaint Regulation, shall not be considered a complaint under this procedure and no action shall be initiated under this procedure.
2. Before being interviewed or questioned at any stage as a result of a complaint, officers
must be advised that they are entitled to have a union representative and/or a lawyer present. Managers being interviewed or questioned must be informed of the right to have a lawyer present.
3. All potential criminal offences must involve the police force of jurisdiction. 4. Where an officer has been prosecuted and acquitted for an offence punishable on
indictment or summary conviction, disciplinary proceedings may still be taken under this procedure arising out of the same facts and circumstances. An officer may be acquitted of criminal charges but still have acted contrary to procedure or committed a disciplinary default.
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3.0 PROCEDURE:
A. IDENTIFYING A COMPLAINT
1. All complaints made against conservation officers acting in the capacity of a Special Provincial Constable or having identified themselves as such shall be handled in accordance with BC Reg. 206/98, the Special Provincial Constable Complaint Regulation attached to this procedure as Appendix 1.
2. The complaint may be initiated either through a completed Public Complaint Form or
through a letter. All complaints shall be considered equally, but because this form facilitates resolution by collecting relevant details the disciplinary authority should request the complainant complete the form. Where the complainant has difficulty writing in English, the disciplinary authority shall assist the complainant in completing the form. The disciplinary authority must ensure the complainant signs the form and understands the content of the form before accepting the complaint.
3. A complaint may be submitted to any member of the COS, ADM, deputy minister or
minister, but must be forwarded to the disciplinary authority immediately upon receipt. If the complaint is received by the ADM, deputy minister or minister, the compliant is to be forwarded to the Chief CO to forward to the disciplinary authority. The information requirements of BC Reg. 206/98 continue to apply. The Minister, other elected official or other senior executive who receive a complaint must be informed of the outcome and resolution.
4. All complaints received, at any level, will be subject to the directions within this
procedure. Any inquires regarding the status of a complaint can be directed to the Chief CO.
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B. DOCUMENTING THE COMPLAINT
1. The supervisor shall complete a Public Complaint Form, if necessary, and assign a file number to the complaint. The file number should be comprised of 31008-20 (ENFORCEMENT - COMPLAINTS AGAINST COs); Region #; and the name of staff complained against (e.g. 31008-20/R2/Simpson).
2. Each supervisor shall maintain a log of all complaints submitted, with the disposition of
each complaint. The log shall be submitted twice annually to the supervisor’s disciplinary authority, who shall submit a list of complaints, not including the names of officers, to the Chief C.O. twice annually for statistics and tracking purposes.
File No:
Complaint Form Conservation Officer Service
1st Floor, 2975 Jutland Road PO Box 9376, Stn Prov Govt
Victoria, British Columbia, V8W 9M5 Tel: (250) 356-9234 | Fax: (250) 356-9197
What You Should Know If you have a complaint about the conduct of a conservation officer, the quality of the organization’s service to the community, or its policies and procedures, please complete the form below and submit it to our provincial headquarters in Victoria by:
• email, at [email protected]
• regular mail, at PO Box 9376 Stn Prov Govt, Victoria BC, V8W 9M5
• fax, at (250) 356-9197, or
• in person at 2975 Jutland Road, Victoria BC You may also deliver a complaint form to any regional COS office or phone an employee of the COS directly. Please search the online B.C. Government Directory if there is a particular officer that you wish to speak with - you may search using “Enforcement Program”, “Conservation Officer Service”, or a specific surname. If you require assistance in filing your complaint, including completion of this form, an employee of the Conservation Officer Service (“COS”) is available to help. If the issue cannot be addressed at the time your complaint is made, it will be directed to the most appropriate discipline authority for their review. If you have provided us with your contact information, the COS will notify you within 1-2 weeks to advise if your complaint will be accepted or not. The exact timing of this follow-up will vary depending on the nature of the complaint and your availability. For complete details about our complaint process, including the options for resolution, please refer to the Conservation Officer Service “Complaints” policy available on our website, at www.env.gov.bc.ca/cos, or contact our provincial headquarters in Victoria.
Your Details [To be kept informed of the complaint process, you must provide valid contact information.] Last Name
First Name
Title (e.g. Mr.)
Are you under the age of 18? Yes No Is this complaint being submitted on someone’s behalf? If yes, please explain. Yes No Address [If you would like to be contacted by mail.] Telephone No. (Home)
Telephone No. (Work)
Cell No.
Email Address Do you have any special instructions for contacting you? [For example: Are there any dates when you know you will be unavailable?]
Complaint Form BC Conservation Officer Service
www.env.gov.bc.ca/cos BC Conservation Officer Service (250) 356-9234 2
Complaint Summary [Use this section to provide key details of the incident.] This complaint is about (check all that apply):
The conduct of a conservation officer AND / OR The policies of, or services provided by the Conservation Officer Service An incident that happened to me OR An incident that happened to someone other than me
Does this complaint refer to more than one incident? Yes No If you know a case file number associated with your complaint, include it here: Did the incident occur within the past 12 months? If you answer “No”, you must explain why the 12 month time limit for making a complaint should be extended. Attach additional pages for this purpose or use the section on page 3 titled “Incident Details”.
Yes No
When did the incident(s) happen? [Indicate the specific date and the approximate time of each, as applicable.] Where did the incident(s) happen? [Be as specific as possible.] Provide the name(s) of any conservation officer involved or witness to the incident. If unknown, provide as many identifying details as possible. Were there any other witnesses to the incident? List their names and contact information here, if known. Yes No Were you injured as a result of the incident? If yes, briefly describe your injuries and any treatment received. Yes No Are there any supporting materials attached to this complaint form? If yes, please list the attachment(s) here, so we can help ensure your submission is complete.
Yes No
Complaint Form BC Conservation Officer Service
www.env.gov.bc.ca/cos BC Conservation Officer Service (250) 356-9234 3
Incident Details [Use this section to provide a detailed account of what happened and any relevant background. Attach additional pages as needed. While preferred, your signature is not a requirement.]
Signature of Complainant
Date Signed
To be completed by the COS employee who received this complaint This complaint was received on
at
(Year | Month | Day) Time Name of person receiving complaint
Office where complaint was received: How was the complaint received? In person By mail By phone By email By fax Did you help with the completion of this form? If yes, please explain Yes No Were you able to resolve the issue at the time the complaint was filed? If “Yes”, please explain. Depending on the circumstances, the discipline authority will contact the complainant for confirmation.
Yes No
To be completed by the COS Discipline Authority Date complaint received [year / month /day]
Name of discipline authority