Victoria Police Chief Frank Elsner is looking to have the order for an external investigation quashed after allegations of sending inappropriate private messages to the wife of a subordinate officer surfaced in December.
New documents filed today by Elsner, who has been Chief Constable of the Victoria Police Department since 2014, claim complaint commissioner Stan Lowe has no authority to order the investigation into his conduct.
Elsner’s conduct was reviewed and cleared by the Police Board in an internal investigation overseen by an outside lawyer in early December. The chief was then put on administrative leave in December, pending the outcome of an external investigation.
Elsner is now fighting to end any further investigations and named Esquimalt Mayor Barbara Desjardins and Victoria Mayor Lisa Helps, who are co-chairs of the Victoria Police Board, in the petition.
Inappropriate Twitter messages
The chief apologized in December for what he called “inappropriate” private Twitter messages to the wife of a subordinate officer. Saying at the time that he took “full responsibility” and what he did was “really stupid” and wished he “could take it back.”
“I had been part of some inappropriate direct messages…that were of a personal nature, that I sincerely regret that now. It was a momentarily lapse of judgment, and it’ll never happen again,” Elsner said.
WATCH: Victoria police chief trying to stop investigation into alleged inappropriate behaviour
Elsner admitted the direct messages were exchanged earlier in 2015 with the woman, who is also an officer in a nearby jurisdiction, but emphasized there had been no physical relationship.
“I was the one that stopped this before there was any allegation,” he said.
“I did this on my own, I brought this to my wife’s attention. This was a personal matter, and it was not one that affected my employment.”
Questioning the Process
Although Elsner was cleared in an internal investigation and given a formal reprimand, Lowe ordered an investigation into his conduct. The investigation is to be overseen by RCMP Chief Supt. Sean Bourrie.
In his petition Elsner raises concerns over Bourrie heading the investigation saying, “with respect, his rank is not equivalent to or higher than mine.” He went on to say that, “Chief Superintendent Bourrie does not have the necessary understanding and experience with respect to the duties of a municipal chief.”
Elsner also claims that he agreed to the internal investigation with the understanding that the matter would remain “private and confidential.” He says he was never told the police complaint commissioner had imposed any conditions on the internal investigation.
The police complaint commissioner has been served with the petition and has yet to file a response.
~ with files from Justin McElroy
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