Pursuant to our current LAP policy, all uniform members are automatically covered for PSA matters, regardless of whether the incident occurred on or off duty.  If you wish the Association to assist you in the defence of the matter, however, you must submit a LAP application through your Branch President.  Applications are available on-line under Resources/Legal, or from your Branch.

Advise your Branch President and arrange to have a Branch representative present with you during the interview.  Prior to the interview, refresh your memory of the incident by reviewing your notes or any other reports of the incident that you have authored – do not read other people’s notes or reports.

Society holds police officers to a very high standard of conduct so the Code of Conduct applies to police officers whether they are on or off duty.  Section 80(2) of the Police Services Act states, however, that a police officer shall not be found guilty of misconduct if there is no connection between the conduct and either the occupational requirements for a police officer or the reputation of the police force

While officers are subject to the Code of Conduct 24/7, the OPPA takes the position that the Employer can only order you to provide a Duty Report in relation to time when you were on duty, when you placed yourself on duty, or when you were in possession of a major piece of equipment belonging to the Employer (a car or gun for example).  Each case can turn on its own facts, though, so please contact one of our Legal Counsel for advice specific to your situation.  Be aware that PSB has a more expansive position as to when they believe they can order an employee to account for time when the employee was not on the company clock. 

In an ordered interview for a PSA investigation, the answer is yes.  During the interview, be honest, open and forthright and ensure that you answer all questions to the best of your abilities and recollection.  If PSB later learns that you have not been truthful, that you tried to mislead them, or that you did not tell them everything related to the incident, they could investigate you for deceit, which, in many cases, is far worse than the original allegations.  If you have concerns regarding what to tell PSB, please call the OPPA Legal Department.

Since you are being ordered to give a statement (either in the form of a Duty Report or in an interview), your statement is not voluntary and cannot be used against you in criminal court.  If you refuse to abide by a lawful order, you could be charged with insubordination.  If you are interviewed by PSB, ensure that the record reflects that you are not there willingly, that you have been ordered to attend to give the statement, and that the statement you give is not voluntary (you can read in the OPPA Duty Report Preamble if you wish).  The statement may be used against you at a PSA hearing.

You may make an audio recording of the interview or you can ask that PSB give you a copy of your statement afterwards.  If PSB wants to video record your interview, call the OPPA Legal Department immediately.

The Salary continuance period should not be interrupted and members may not accept OPS employment or rescind their retirement during this time.  However, in certain extenuating circumstances, a member may be required to work for the OPP during the Salary continuance period (e.g., court or other extenuating circumstance).  Managers must discuss extenuating circumstances in which a member is being considered for OPP work other than court attendance during the Salary continuation period with an HR Advisor in order that the merits can be assessed on a case by case basis. Members are entitled to payment for time worked, however, they will be paid at the conclusion of the Salary continuance period.  Please refer to Q 13. 

Pension contributions during Pre-Retirement Part-time Agreement and Salary continuance are deducted as if member is working full time.  Pension credit accrues as if they were working full time during Pre-Retirement Part-time Agreement and Salary continuance.

With consent of the members’ Manager/Detachment Commander, the member may amend the end of their Pre-Retirement Part-time Agreement by the amount of weeks of Severance they wish to use (all or a portion) as Salary continuance in lieu of a lump sum payment.

Member is eligible to use Salary continuance for the number of weeks of eligible severance payment. During this period the member will be paid the same percentage as the Pre-Retirement Part-time Agreement.

The balance of the severance payment will be paid at the time of retirement.

There will be no change to the pension credit accrued during the Pre-Retirement Part-time Agreement or during the Salary continuance period.

Example:

During Pre-Retirement Part-time Agreement the member is working 60% of full time hours.

Eligible Retirement Date: October 19, 2013

Eligible Severance payment: 26 weeks

Salary Continuance: April 19, 2013 – October 19, 2013

Pay: Member is paid 60% on a bi-weekly basis during Salary continuance. At the end of the Salary continuance period the member will receive the balance of severance payment which is 40%