Victoria police chief to undergo disciplinary hearings on misconduct allegations

Their appointments came after an internal investigation into inappropriate Twitter messages sent to a female member of another police force became public. The woman was also the wife of an officer at the Victoria Police Department.

Elsner apologized at the time, saying he was “truly sorry and humiliated.”

Ellan and Pitfield received reports with the results of two separate investigations on Feb. 24 and had 10 days to recommend whether hearings should be held. The commissioner decided this week to approve their recommendations.

None of the allegations has been proven. Elsner’s lawyer Janet Winteringham said it would be inappropriate for her client to comment at this time.

A commissioner’s statement says Pitfield found enough evidence to direct three allegations to a disciplinary hearing: that Elsner engaged in unwanted physical contact, made unwelcome sexual remarks and leered and inappropriately stared at female staff members.

The statement says Ellan concluded there was sufficient evidence for five allegations to go to a hearing, including that 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.”

Other allegations Ellan believed should be determined at a hearing were that Elsner provided misleading information to an officer and an investigator, used department equipment for non-police purposes and attempted to procure a false or misleading statement from a potential witness.

But the statement says Ellan found there was not enough evidence to direct three allegations to a hearing, including claims that Elsner asked a potential witness to destroy electronic evidence, contacted witnesses during the investigation and attempted to erase emails from a Victoria police server.

Dates have not been set for the hearings, which are held in private. Lowe’s office said a report would be released once the process is complete.

The office said it issued Thursday’s statement in order to “maintain public confidence in the investigation of alleged misconduct and the administration of police discipline.”

But Elsner’s lawyer said she was taken aback by the statement.

“The process is intended to be a confidential one, at least at this stage. We are a bit surprised that a statement has been issued by the police complaint commissioner at all,” said Winteringham.

“All Chief Const. Elsner can do is maintain his principled approach, which is that he’ll comment at the appropriate time and not before.”

Woods said the commissioner has decided the case is in the public interest. He also said Elsner has made public statements himself, including in an affidavit filed in B.C. Supreme Court last month.

Elsner petitioned the court to stop the investigations, saying he’s being targeted by a group that wants him ousted as chief constable.

“I would like to resign as chief constable so I can take care of health and try to move on with my life,” he said in a Feb. 22 affidavit. “I am forced to wait for the conclusion of what seems like a never-ending investigation.”

Woods said there is nothing in the Police Act that prevents Elsner from resigning. If he chooses to step down before the disciplinary hearings are held, he will not have to attend them.

— By Laura Kane in Vancouver

The Canadian Press

by Canadian Press

Victoria police chief to undergo disciplinary hearings on misconduct allegations

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