8 of 11 misconduct allegations against suspended VicPd Chief proceed to disiplinary hearing

A bombshell decision from the Office of the Police Complaints Commissioner this morning regarding suspended Victoria Police Department Chief Constable Frank Elsner.

Two retired judges appointed by the Police Complaints Commission in 2015 to examine misconduct allegations against suspended VicPD Chief Frank Elsner have found there's enough evidence to take to a disciplinary hearing.

Carol Baird Ellan and Ian Pitfield were appointed as Discipline Authorities to review 11 allegations -- 8 have met the legal requirement to take to a hearing.  And Commissioner Stan Lowe ruled releasing information about those allegations was in the public interest. They are:

That Chief Constable Elsner engaged in conduct with the spouse of a member under his command which constituted a conflict of interest and/or a breach of trust.

That Elsner provided misleading information to a member under his command.

That he provided misleading information to an investigator.

That he used police equipment/and or facilities for purposes unrelated to his duties.

That he knowingly attempted to procure a statement from a potential witness, knowing it to be false or misleading.

That Elsner engaged in unwanted physical contact with female staff at the Victoria Police Department.

That he made inappropriate and unwelcome remarks of a sexual nature that could be seen as objectifying female staff members.

And that Elsner leered and inappropriately stared at female staff members.

Judge Baird decided there was not enough evidence regarding allegations that Elsner contacted witnesses during the internal investigation, counselled a potential witness to destroy evidence, or that he tried to access the police department server to erase emails.

Commissioner Lowe reminds the public the allegations have not yet been proven. He will release a report once the closed door hearings wrap up.  A date has yet to be set, but proceedings must commence on or before April 25th.

Meantime, Elsner has petitioned the B.C. Supreme Court asked any investigations to be stopped. He has also said he wants to retire. But a spokesman for the Commissioner's Office says the disciplinary hearing will proceed regardless.

 

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