Home » 1.2.7 RELIEF FROM DUTY WITHOUT PAY

1.2.7 RELIEF FROM DUTY WITHOUT PAY

The Chief of Police (Chief) may relieve from duty any police officer whom the Chief, on reasonable grounds, suspects has contravened section 5 of the Police Service Regulation. Where the Chief relieves an officer from duty without pay, that direction must be confirmed by the Edmonton Police Commission (Commission).

Guidelines:

  1. The Chief may relieve from duty without pay any officer suspected of or charged with any disciplinary misconduct if the Chief is of the opinion that exceptional circumstances exist respecting the alleged misconduct.
  2. The Commission shall review the relief from duty without pay decision and advise the Chief and the affected officer(s) whether the Chief’s direction is confirmed within 30 days from the day the officer is relieved from duty without pay.
  3. Submissions may be made by the Chief and affected officer(s).

Procedures:

  1. Upon receiving notice from the Chief that an officer has been relieved from duty without pay, the Public Complaint Director (PCD) shall immediately notify the Commission Chair and Vice-Chair.
  2. The PCD will send correspondence to the Chief and affected officer(s) inquiring whether an in-person hearing is requested and setting out the deadlines for providing written submissions to the Commission. Deadlines for written submissions will normally accord with the following timelines:
    1. Approximately one week for the initial written submissions of the Chief;
    2. Approximately one week for the written submissions of the affected officer(s);
    3. Approximately 3 business days for any reply submissions of the Chief.
  3. If the Chief or affected officer(s) have requested an in-person hearing, the PCD shall coordinate with the Chief, the affected officer(s) and the Commission to arrange the hearing on a suitable date and time prior to the expiry of the 30-day period.
  4. If neither the Chief nor affected officer(s) have requested an in-person hearing, the Commission shall determine whether an in-person hearing is nonetheless required. If an in-person hearing is not required, the Commission shall consider the written submissions and decide whether to confirm the Chief’s direction prior to the expiry of the 30-dayperiod at a special in camera meeting, or the next regularly scheduled in camera meeting following receipt of all written submissions.
  5. Once the Commission decides whether to confirm the Chief’s direction to relieve a member from duty without pay, the Chief and affected officer(s) shall be notified of the decision within the 30-day period. The Commission will then provide the Chief and affected officer(s) with a written decision advising them of the Commission’s reasons for decision as soon as possible thereafter.
  6. Where an officer is relieved from duty without pay for a 30-day period, the Chief shall, at the end of the 30-day period and at the end of any subsequent 30-day periods, report to the Commission as to the status of the matter.

References:

  1. Police Service Regulation, AR 356/1990

 

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