TTC CEO Rick Leary’s letter to Toronto Ombudsman Susan Opler

Sent via email

Susan E. Opler
Ombudsman
Ombudsman Toronto
375 University Avenue, Suite 203
Toronto, Ontario M5G 2J5

Dear Ms. Opler,

Re: Toronto Star Report – TTC investigating after video shows fare inspectors in altercation with teen

I am writing in response to your letter of Feb. 21, 2018, regarding the above matter wherein you requested information on TTC’s plans to investigate the incident including:
- what the terms of reference will be
- who will conduct the investigation
- timelines.

As TTC CEO, I want to assure you that the TTC’s investigation will take all appropriate steps to thoroughly address this incident and the allegations made in its wake. We are committed to answering the public’s questions regarding this incident following the completion of this investigation.

This letter outlines for you the direction I have given and the steps the TTC is taking to resolve this matter. The investigation process follows the agreed upon process with your office following your investigative report of April, 2017.

As per the TTC Fare Inspector Complaints Procedure, this matter has been assigned for investigation to Paul Manherz, the TTC’s Unit Complaints Coordinator (UCC). The investigation into this matter will be comprehensive, and conducted in consultation with TTC’s Diversity and Human Rights Department. This investigation will focus on the following five alleged violations of the Transit Enforcement Unit Code of Conduct:
- the respondent Transit Fare Inspector failed to treat customers equally without discrimination
- the respondent Transit Fare Inspector assaulted a TTC customer
- the respondent Transit Fare Inspector was otherwise uncivil to a member of the public
- the respondent Transit Fare Inspector acted in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the TTC - the respondent Transit Fare Inspector used unauthorized force on a TTC customer.

In addition to the TTC’s investigation, staff have also contacted the Toronto Police Service to request the police investigate the matter to determine if criminal charges are warranted.

Investigations by the UCC are typically to be completed within 90 days from the date a decision is made to investigate, however in this case we are taking steps to expedite the investigation and complete it as soon as possible, depending on the availability of witnesses and evidence.

Once complete, the results of the investigation will be reported internally to Gemma Piemontese, Chief People Officer, Collie Greenwood, Chief Service Officer, me and subsequently to the TTC Board. In addition, we will provide a copy of the final investigation report to your office.

The TTC has a clear, consistent and fair process for investigations under its Fare Inspector Complaints Procedure. The UCC has been trained on conducting investigations by the Toronto Police Service Professional Standards Unit. This procedure has been developed to ensure that there is a consistent approach to every Fare Inspector complaint investigation. Investigative reporting is consistent and includes the following:
- a summary of the Complaint
- a summary of the evidence from those involved, including the complainant, respondent officer and civilian and officer witnesses
- references to any information referred to or relied upon
- a description of the investigation
- an analysis and conclusion as to whether there are reasonable grounds to substantiate misconduct under the TEU code of conduct.

In the interim, the TTC has suspended the respondent Transit Fare Inspector with pay pending the outcome of this investigation.

Mr. Michael Killingsworth, Head Transit Enforcement Unit continues to work on implementing the recommendations as outlined in the Ombudsman’s Investigation into the TTC’s Oversight of its Transit Enforcement Unit. This work is ongoing and includes updating Transit Fare Inspector training materials and policies as they relate to inspection protocols, self-defence and the use of force by Transit Fare Inspectors. We continue to work with your office on tracking implementation.
Following the outcome of the investigation, we will give consideration to engaging a review of policies and procedures, as required. If you have any questions, concerns or comments please do not hesitate to contact me directly.

Sincerely,

Richard J. Leary
Chief Executive Officer (Acting)

1-22

Copy: TTC Board
Mayor and City Councillors
Mark Saunders, Chief of Toronto Police Service