77 (1) A board may make a complaint under this section about the conduct of the municipal chief of police or municipal deputy chief of police and shall review such complaint.  2007, c. 5, s. 10. Same (2) A board that makes a complaint under subsection (1) is not a complainant for the purposes of this Part.  2007, c. 5, s. 10. Notice (3) Upon making a complaint about the conduct of a chief of police or deputy chief of police, the board shall promptly give notice of the substance of the complaint to the chief of police or deputy chief of police unless, in the board’s opinion, to do so might prejudice an investigation into the matter.  2007, c. 5, s. 10. Investigation assigned to another police force (4) If at the conclusion of the review the board is of the opinion that the chief of police’s or deputy chief of police’s conduct may constitute an offence under a law of Canada or of a province or territory, or misconduct as defined in section 80 or unsatisfactory work performance, the board shall ask the Commission to assign the chief of police of another police force to cause the complaint to be investigated promptly and the investigation to be reported on in a written report at the board’s expense.  2007, c. 5, s. 10. Unsubstantiated complaint (5) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force is of the opinion that the complaint is unsubstantiated, the chief of police shall report that opinion in writing to the board and the board shall take no action in response to the complaint and shall notify the chief of police or deputy chief of police who is the subject of the complaint in writing of the decision, together with a copy of the written report.  2007, c. 5, s. 10. Matter referred to board (6) If at the conclusion of the investigation conducted by another police force the chief of police of the other police force believes on reasonable grounds that the conduct of the chief of police or deputy chief of police under investigation constitutes misconduct or unsatisfactory work performance, he or she shall refer the matter, together with the written report, to the board.  2007, c. 5, s. 10. Board or Commission to hold hearing (7) Subject to subsection (8), the board shall hold a hearing into a matter referred to it under subsection (6) or may refer the matter to the Commission to hold the hearing.  2007, c. 5, s. 10. Informal resolution (8) If on a review of the written report the board is of the opinion that there was misconduct or unsatisfactory work performance but that it was not of a serious nature, the board may resolve the matter informally without holding a hearing if the chief of police or deputy chief of police consents to the proposed resolution.  2007, c. 5, s. 10. Disposition without a hearing (9) If an informal resolution of the matter is attempted but not achieved, the following rules apply: 1. The board shall provide the chief of police or deputy chief of police 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 board may impose on the chief of police or deputy chief of police a penalty described in clause 85 (2) (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 chief of police’s or deputy chief of police’s reply to be made in his or her employment record. 3. If the chief of police or deputy chief of police refuses to accept the penalty imposed or action taken, the board shall not impose a penalty or take any other action or cause any entry to be made in the employment record, but shall hold a hearing, or refer the matter to the Commission to hold a hearing, under subsection (7).  2007, c. 5, s. 10. Employment record expunged (10) An entry made in the chief of police’s or deputy chief of police’s employment record under paragraph 2 of subsection (9) 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 (11) Nothing in this section affects agreements between boards and chiefs of police or deputy chiefs of police that permit penalties or actions other than those permitted by this section, if the chief of police or deputy chief of police in question consents, without a hearing under subsection (7).  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 - 19/10/2009