Pivot Legal Society welcomed a report that found former Vancouver Police Chief Jamie Graham guilty of "discreditable conduct".

But Pivot said yesterday the report came almost two years too late, because Graham already retired from the force and is exempt from punishment. The case shows fundamental flaws with the police complaint system, Pivot lawyer Doug King said.

"The system should be designed so that we can hold people accountable when [a complaint] happens, and give out punishment that prevents them from doing it again," he said. "That didn't happen in this case."

In 2003, Pivot filed a complaint with the Office of the Police Complaint Commissioner citing 50 allegations of misconduct by the Vancouver Police Department against residents of the Downtown Eastside. BC Complaint Commissioner Dirk Ryneveld ordered an RCMP investigation into the matter.

The RCMP substantiated nine of the 50 complaints, but said some VPD officers did not co-operate with the investigation. Pivot filed another complaint in 2006 that claimed Graham and the involved officers had undermined the police complaint process through their inaction.

In early 2007, Graham announced his intention to step down as police chief next November. In May, Mayor Sam Sullivan tried to dismiss the Pivot complaint against Graham, citing the chief's impending departure from the force.

Ryneveld overturned Sullivan's decision and insisted the investigation continue. Delta Chief Constable Jim Cessford was put in charge of the Graham investigation.

The investigation concluded in August 2008, when Ryneveld submitted Cessford's findings to the Mayor's office. The report found Graham's inaction as police chief had hindered the RCMP investigation, and he was therefore guilty of discreditable conduct. But since Graham was no longer with the police force, no punishment could be imposed.

The report was sent to Pivot on October 17. Pivot's King said he was satisfied the complaint against Graham had been substantiated, but said a complete reform of the Police Act is necessary to prevent future incidents of police side-tracking internal investigations. To accomplish this, King said, an independent investigatory body must be set up to investigate police complaints.

A VPD spokesperson said the department had no comment on the case because ex-chief Graham is now a private citizen.