How would Windsor police handle 911 call relating to chief? Board continues to develop policy

The Windsor Police Services Board hasn't implemented a policy on how the force should handle an investigation when it involves its highest ranking officer.

It's been more than a year since CBC News revealed how officers investigated a 911 hang-up call from former police chief Al Frederick's Windsor home on Nov. 12, 2018.

No charges were laid, but the police board asked the OPP to investigate how Windsor police conducted the probe nine days later, after being made aware CBC News was looking into the matter.

Now, CBC has learned through a freedom of information request, nearly 16 months after the incident, there isn't a policy in place as to how Windsor officers should handle a similar situation involving the chief of police, if it were to happen again.

Draft policy nearly complete

Most recently, the police board discussed the creation of this policy during an in-camera meeting on Thursday. CBC News has learned a draft policy is nearly complete.

The police board's administrative director said that will be ready for the board's meeting later this month. It includes feedback from the board's advisor, who's with the Ministry of the Solicitor General.

In March 2019, Windsor mayor Drew Dilkens, who's also chair of the police board, told CBC News he wanted to create the policy "as soon as we can."

In December, Dilkens said the board would use its January 2020 meeting to formalize the new policy.

Dilkens wasn't available to comment on Tuesday. Instead, his new chief of staff Andrew Teliszewsky said "it's important that we get the policy done right and not rush it through."

"I think that when you're dealing with this kind of circumstance you want to be sure not to overreact to the news cycle or the circumstances of the day," said Teliszewsky. "Given that, we want to make sure that a policy is put in place that is workable, that is transparent and that is something that is fair to the police and police services board."

He describes the circumstances around the creation of this policy unique. After seeking input from other law enforcement agencies across Ontario, Teliszewsky said it doesn't appear that other police forces have a comparable policy or have experienced a situation similar to what happened in November 2018.

Unique policies take time to create. It's important to get it right.- Rino Bortolin, city councillor and police board member

Following the call to Frederick's home in 2018, which CBC News was first to report in February 2019, sources said Deputy Chief Brad Hill and a sergeant handled the investigation. The OPP review of how Windsor police handled the investigation concluded that everyone involved acted in an "appropriate, proper and transparent manner," said Dilkens in early 2019.

Investigation raised questions

Former Toronto police officer Jake Shen, who's now a criminal lawyer, said how the initial investigation was handled displayed a "glaring conflict of interest." He said by asking officers to investigate their own police chief, it would be "difficult and even intimidating."

Police board member and city councillor Rino Bortolin wouldn't answer questions about the development of the policy, deferring to Dilkens.

"Unique policies take time to create. It's important to get it right," said Bortolin, in a message.

Other Windsor Police Services Board members couldn't be reached or weren't available for comment.

Nothing would have changed, says mayor

Dilkens has previously told CBC News that "it's a matter of codifying" the policy so it's in writing, and everyone knows how to handle a situation if it involves the chief of police. He also said nothing would have changed in terms of how the 911 call was handled, even if there was an existing policy in place.

"What they said to us in this meeting is that really what you did in terms of the actions you took and the steps that were taken to get the information to the board chair and then to the board itself, were the most appropriate in the circumstances," said Dilkens in December.

He also indicated that the Windsor Police Service would be "breaking new ground" by creating a policy of this kind.