Bob Saracino

The appellants, two police officers, appealed a disciplinary penalty of a nine-month demotion in rank for discreditable conduct.

The officers had engaged in a scheme of sending unwanted mail-order items and subscriptions to the homes of three superior officers.

The Commission found that while the misconduct was serious and not merely a practical joke, the hearing officer failed to give sufficient weight to mitigating factors, including the officers' unblemished service records, positive performance evaluations, and genuine remorse.

The Commission varied the penalty to a four-month demotion in rank.

The Town of Tillsonburg and the Tillsonburg Police Services Board applied for consent to abolish the Tillsonburg Police Service to enter into an integrated contract policing arrangement with the Ontario Provincial Police (OPP).

The Commission reviewed the proposal to determine if it would provide adequate and effective police services and if members were treated fairly regarding severance.

The Commission found the proposed officer-to-citizen ratio significantly lower than neighboring communities and conditioned its consent on adding 7 front-line officers, maintaining civilian support staff for policing duties, completing facility renovations, and directing unresolved severance issues to arbitration.

The Town of Amherstburg applied to the Ontario Civilian Commission on Police Services for consent to abolish the Amherstburg Police Service and the Anderdon Township Police Service to create a single municipal police service for the newly amalgamated Town of Amherstburg.

The Commission reviewed the proposal to ensure it provided adequate and effective police services under the Police Services Act.

Finding that the new arrangement would improve police-to-population ratios, provide 24-hour coverage to all areas, and enhance facilities and equipment, the Commission granted consent to the abolition.

The Town of Tecumseh and the Tecumseh Police Services Board applied to the Ontario Civilian Commission on Police Services for consent to abolish the St. Clair Beach Police Service and contract policing to the Ontario Provincial Police.

The Commission reviewed the proposed staffing, deployment, facilities, and transition plans.

Finding the proposed officer-to-population ratio lower than comparable municipalities, the Commission approved the abolition subject to conditions, including the addition of three front-line officers and the completion of a new police facility.

The Village of Point Edward applied to the Ontario Civilian Commission on Police Services for consent to abolish its municipal police service and enter into a contract with the Ontario Provincial Police (OPP) for policing services.

The Commission reviewed the OPP proposal, which included an integrated detachment model, increased facility size, and enhanced equipment and communications.

Applying historical and geographical comparative tests, the Commission found that the proposal would provide adequate and effective police services to the community.

Consent to abolish the police service was granted, subject to the condition that the parties reach an agreement on termination and severance for existing members, or proceed to arbitration.

The Town of Kingsville applied to the Ontario Civilian Commission on Police Services for consent to abolish the Kingsville Police Service, following a municipal restructuring that amalgamated the town with two neighbouring townships.

The municipality proposed to contract with the Ontario Provincial Police (OPP) for an integrated detachment to provide policing services.

The Commission reviewed the proposal and found that it would provide adequate and effective policing.

The Commission also noted that the statutory requirements regarding severance for the chief of police and the police association had been met through agreements to refer outstanding matters to arbitration.

The Commission granted consent to the abolition of the municipal police service.

The Regional Municipality of Haldimand-Norfolk applied to the Ontario Civilian Commission on Police Services for consent to abolish the Haldimand-Norfolk Regional Police Service and replace it with contract policing by the Ontario Provincial Police (OPP).

The Commission reviewed the proposed staffing, deployment, facilities, communications, and equipment to determine if the new arrangement would provide adequate and effective police services under the Police Services Act.

Finding that the proposed OPP integration maintained historical deployment levels and provided appropriate infrastructure, the Commission concluded the arrangement was adequate.

As severance agreements or consents to arbitration were in place for all members, the Commission granted consent to abolish the municipal police service.

The appellant police officer appealed convictions for discreditable conduct and insubordination.

During the original disciplinary hearing, the Hearing Officer communicated directly with the prosecutor's counsel regarding process in the absence of the officer's representative.

When challenged, the Hearing Officer sought legal advice from a lawyer employed by the same regional municipality as the prosecutor's counsel.

The Commission found that the ex parte communication contravened section 69(13) of the Police Services Act and that the legal adviser was not independent as required by section 69(14).

The convictions and dispositions were revoked and the matter remitted for a new hearing.

The appellant, a police officer, pleaded guilty to discreditable conduct after submitting improper receipts to his insurance company following a fire, resulting in an overpayment.

He was convicted of fraud under $5,000 in criminal court and granted an absolute discharge.

The Hearing Officer imposed a penalty of demotion to Fourth Class Constable for one year.

The appellant appealed the penalty, arguing it was harsh and excessive.

The Ontario Civilian Police Commission dismissed the appeal, finding that the Hearing Officer properly considered the relevant factors, including the seriousness of the misconduct and the officer's rehabilitative potential, and that there was no manifest error in principle in the penalty imposed.

The appellant police officer appealed a penalty of demotion to Constable Second Class for a minimum of one year, imposed after findings of guilt on two counts of neglect of duty and one count of deceit.

The appellant argued the penalty was harsh and excessive, citing mitigating factors including residual pain from a previous on-duty motor vehicle accident.

The Ontario Civilian Police Commission dismissed the appeal, finding that the appellant's repeated disregard for professional standards warranted disciplinary action and the penalty imposed was within the acceptable range.

The appellant police officer appealed convictions and penalties for four counts of discreditable conduct.

The Commission quashed the first count regarding association with a known criminal, finding insufficient evidence that the officer knew of the individual's criminal record.

However, the Commission upheld the convictions for falsely registering a vehicle using a northern Ontario address to avoid fees, and for attempting to influence an Ohio State Trooper during a traffic stop.

The penalties of loss of pay for the upheld counts were confirmed.

The Ontario Civilian Commission on Police Services held a hearing into the conduct of the members of the Wallaceburg Police Services Board.

The Board had laid off three members of the police service (two cadets and one civilian communicator) to meet budget cuts, without obtaining the Commission's consent under section 40 of the Police Services Act.

The Commission found that the layoffs constituted a reduction in the size of the force, requiring consent, and that the Board's reliance on the probationary termination provisions in section 44 was improper.

The Commission concluded that the Board members' actions constituted misconduct and a failure to perform their duties in a satisfactory manner.

The four current members of the Board were removed from their positions.

The appellant, a Staff Sergeant with the OPP, appealed a finding of Discreditable Conduct for utilizing an OPP vehicle for personal use to visit a woman in the White Dog community.

The Commission found that while two of the alleged visits were incidental to legitimate police business, the third visit involved driving a police vehicle for strictly personal reasons.

The Commission upheld the Hearing Officer's finding that the charge was proven and dismissed the appeal.

The Appellant, a police officer, appealed a conviction for Discreditable Conduct and the penalty of an eight-hour loss of time.

The conviction stemmed from an incident where the Appellant allegedly called an assault victim a 'bitch' outside a courtroom.

The Appellant argued that the prosecution failed to provide clear and convincing evidence, citing conflicting witness testimony and another individual's admission to making the comment.

The Commission dismissed the appeal, finding that the Hearing Officer reasonably assessed witness credibility and that the penalty was not excessive given the circumstances.

The appellant police officer appealed a finding of discreditable conduct and a penalty of resignation or dismissal.

Pending the appeal, the appellant brought a motion to introduce fresh documentary and viva voce evidence regarding his character and work performance.

The respondent brought a cross-motion to have the appellant's salary held in trust pending the appeal.

The Commission applied the Palmer test and admitted one performance evaluation report but denied the other fresh evidence, finding it could have been adduced at the original hearing.

The Commission dismissed the respondent's motion, holding that under the Police Services Act, an officer who has not been outright dismissed is entitled to continue receiving their salary pending the final disposition of their appeal.