Police oversight agency investigating Hamilton board chair over carding comments

An independent police oversight agency is investigating Lloyd Ferguson, chair of Hamilton's police services board.

The Ontario Civilian Police Commission launched the investigation Monday, according to Silvia Cheng, a spokeswoman for the commission.

The investigation relates to a complaint filed by Coun. Matthew Green over comments Ferguson made in a radio interview earlier this year. The OCPC did not specify what allegation or allegations have been made against Ferguson.

Ferguson is required by provincial law governing police boards to step down from his duties during an investigation. He declined to comment about the investigation when reached by CBC Tuesday.

In a statement to CBC News, Green said the comments had been "hanging over my head for the past five months." He criticized how long it took the OCPC to launch its investigation after his complaint was filed in August.

"It is my hope ... that a full public retraction and public apology are put forward by Mr. Ferguson as a result," Green said.

'Charges… for doing his job'

Ferguson appeared twice on local CHML talk radio host Bill Kelly's show in June about the topic of "carding" or street checks, a practice of police stopping and collecting ID from someone not under investigation.

It ended up in an officer ... having charges placed against him for doing his job.- Lloyd Ferguson, police board chair, speaking on Bill Kelly's CHML talk show

Ferguson talked about an incident involving Green in April 2016 after decrying the "publicity and negative attention towards police" as a result of the carding criticism.

Green was waiting for a bus on a Tuesday afternoon in April 2016 when he was stopped and questioned by Const. Andrew Pfeifer. Pfeifer was charged with discreditable conduct under the Police Services Act on the allegation he was "engaging in an arbitrary and unjustified street check" of Green, the city's first black councillor.

That hearing is ongoing pending a decision by a hearing officer.

Ferguson discussed the then-upcoming hearing on Kelly's show.

"You know, we have the one situation, and I can't talk about it, but it involves a city councillor," Ferguson said on Kelly's show. "And that's going before adjudication (a discipline hearing). But it ended up in an officer being, having charges placed against him for doing his job."

'I found that derogatory and disparaging'

In September, Green said that Ferguson's comments on the radio compromised the service's integrity. He spoke publicly about the complaint before a hearing into alleged misconduct against the officer who stopped him. 

"To have it come from the police board chair, which is essentially responsible for the Hamilton Police Service, which is essentially responsible for this hearing, is very problematic for me to have a fair (hearing) — and to have complete integrity in this process," Green said.

He said that Ferguson "essentially said that I am the reason why police cannot do their jobs now. I found that derogatory and disparaging."

Though he did not comment on Tuesday, Ferguson in September defended his words on the radio.

"I have a duty as a board chair to support the sworn and the civilian employees," he said.

As for whether it would be harder to work with Green after the complaint, Ferguson said at the time, "it's never been easy."

OCPC won't comment further

The OCPC said the investigation, begun Monday, will "proceed as quickly as possible."

Ontario's Police Services Act gives the OCPC power conduct investigations and inquiries into the conduct of police officers, chiefs of police, and members of police services boards.

"The Commission generally will not comment on investigations that are underway," Cheng said. "Any questions about the operation of the Hamilton Police Services Board during the course of the investigation should be directed to the Board."

Ontario's code of conduct governing police boards requires any member of the board, including the chair, who is under investigation to step down from their duties for the duration of the investigation and any hearing that may result.

Police board administrator Lois Morin said in a statement Wednesday that the board will not be commenting about the investigation. While Ferguson is under investigation, Madeleine Levy will be acting chair, Morin said.

'Governance and oversight issues'

Because of the investigation's timing right before a city business recess for the holidays, it's unclear what impact on police board business Ferguson's suspension will have. 

Ferguson made his comments in June. Green filed a complaint in August and publicly discussed the complaint in September. The commission launched its investigation on Monday. The board met last Thursday to vote on a budget, and doesn't have another meeting scheduled until mid-January. 

Green criticized the length of time it took the commission to launch its investigation.

"I am deeply concerned that it has taken almost three months by the OCPC to determine an investigation is warranted for what I consider to be obvious violations of the Hamilton Police Service Board Code of Conduct by HPS Board Chair Lloyd Ferguson as outlined in my complaint," Green said in his statement.

"It is clear that this police board has some governance and oversight issues that need full and serious attention by Ontario Civilian Police Commission," he continued.

kelly.bennett@cbc.ca