66 (1) The chief of police shall cause every complaint referred to him or her by the Independent Police Review Director under clause 61 (5) (a) to be investigated and the investigation to be reported on in a written report.  2007, c. 5, s. 10. Unsubstantiated complaint (2) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that the complaint is unsubstantiated, the chief of police shall take no action in response to the complaint and shall notify the complainant, the police officer who is the subject of the complaint and the Independent Police Review Director, in writing, together with a copy of the written report, of the decision and of the complainant’s right under subsection 71 (1) to ask the Independent Police Review Director to review the decision within 30 days of receiving the notice.  2007, c. 5, s. 10. Hearing to be held (3) Subject to subsection (4), if at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police believes on reasonable grounds that the police officer’s conduct constitutes misconduct as defined in section 80 or unsatisfactory work performance, he or she shall hold a hearing into the matter.  2007, c. 5, s. 10. Informal resolution (4) If at the conclusion of the investigation and on review of the written report submitted to him or her the chief of police is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the chief of police may resolve the matter informally without holding a hearing, if the police officer and the complainant consent to the proposed resolution.  2007, c. 5, s. 10. Notice (5) Before resolving the matter informally, the chief of police shall notify the complainant and the police officer, in writing, of his or her opinion that there was misconduct or unsatisfactory work performance that was not of a serious nature, and that the complainant may, under subsection 71 (1), ask the Independent Police Review Director to review this decision within 30 days of receiving such notification.  2007, c. 5, s. 10. No informal resolution until after Independent Police Review Director’s review (6) The chief of police shall take no action to resolve the matter informally until, (a) the 30-day period in which the complainant may ask for a review has expired, without a review being requested; or (b) if the complainant asked for a review within the 30-day period, the Independent Police Review Director has completed its review and then, only if the Independent Police Review Director’s decision is such that there may be an informal resolution of the complaint.  2007, c. 5, s. 10. Same (7) Despite subsection (6), if the complainant notifies the chief of police in writing that he or she will not ask the Independent Police Review Director to conduct a review, the chief of police shall attempt to resolve the matter informally promptly after receiving such notification from the complainant.  2007, c. 5, s. 10. Consent of police officer or complainant (8) A police officer or a complainant who consents to a proposed resolution under subsection (4) may revoke the consent by notifying the chief of police in writing of the revocation no later than 12 business days after the day on which the consent is given.  2007, c. 5, s. 10. Notice (9) If a police officer and a complainant consent to the informal resolution of a matter and the consent is not revoked by the police officer or the complainant within the period referred to in subsection (8), the chief of police shall give notice of the resolution to the Independent Police Review Director, and shall provide to the Independent Police Review Director any other information respecting the resolution that the Independent Police Review Director may require.  2007, c. 5, s. 10. Disposition without a hearing (10) If consent to the informal resolution of a matter is not given or is revoked under subsection (8), the following rules apply: 1. The chief of police shall provide the police officer with reasonable information concerning the matter and shall give him or her an opportunity to reply, orally or in writing. 2. Subject to paragraph 3, the chief of police may impose on the police officer a penalty described in clause 85 (1) (d), (e) or (f) or any combination thereof and may take any other action described in subsection 85 (7) and may cause an entry concerning the matter, the penalty imposed or action taken and the police officer’s reply to be made in his or her employment record. 3. If the police officer refuses to accept the penalty imposed or action taken, the chief of police shall not impose a penalty or take any other action or cause any entry to be made in the police officer’s employment record, but shall hold a hearing under subsection (3).  2007, c. 5, s. 10. Notice (11) The chief of police shall give notice to the Independent Police Review Director of any penalty imposed or action taken under paragraph 2 of subsection (10).  2007, c. 5, s. 10. Employment record expunged (12) An entry made in the police officer’s employment record under paragraph 2 of subsection (10) shall be expunged from the record two years after being made if during that time no other entries concerning misconduct or unsatisfactory work performance have been made in the record under this Part.  2007, c. 5, s. 10. Agreement (13) Nothing in this section affects agreements between boards and police officers or associations that permit penalties or actions other than those permitted by this section, if the police officer in question consents, without a hearing under subsection (3).  2007, c. 5, s. 10. Section Amendments with date in force (d/m/y) 1997, c. 8, s. 35 - 27/11/1997 2007, c. 5, s. 10
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