Doug Smith

The appellant appealed a Hearing Officer's decision dismissing charges of insubordination and discreditable conduct against two police officers.

The charges arose from a confrontation between the appellant and the officers, who were in plainclothes executing a search warrant in the appellant's apartment building.

The appellant alleged racial profiling and bias by the Hearing Officer.

The Commission dismissed a motion by the respondents to introduce fresh evidence explaining discrepancies between the Hearing Officer's oral and written decisions.

Ultimately, the Commission dismissed the appeal, finding no manifest error in the Hearing Officer's assessment of credibility and concluding that the Hearing Officer's conduct did not raise a reasonable apprehension of bias.

The appellant appealed a Hearing Officer's decision dismissing charges of insubordination and discreditable conduct against two police officers.

The appellant alleged the officers engaged in racial profiling and misconduct during an encounter in his apartment building, and argued the Hearing Officer displayed bias and made procedural errors.

The Commission dismissed the appeal, finding no manifest errors in the Hearing Officer's assessment of credibility and concluding that the clear and convincing evidence standard for misconduct was not met.

The Commission also dismissed a motion by the respondents to introduce fresh evidence regarding the Hearing Officer's written decision.

The appellant police officer appealed a finding of corrupt practice and a penalty of four days' lost pay.

The allegation was that while off-duty, he and another officer used a police badge to jump the line at a restaurant.

The Commission found that the sole witness against the appellant was unreliable, having been drinking and unable to clearly identify the officers or the badge.

Furthermore, the officers had VIP cards for the restaurant and knew the owners.

The Commission concluded there was no clear and convincing evidence that the appellant improperly used his position for private advantage.

The conviction was set aside.