Garth S. Goodhew

The appellant police officer brought a motion on consent to lift the automatic stay of his penalty of demotion pending his appeal.

The officer had pled guilty to discreditable conduct for unaccounted absences and was demoted for one year with ongoing conditions.

He abandoned his appeal of the demotion but maintained his appeal of the conditions.

The Commission found it had jurisdiction under the Statutory Powers Procedure Act to lift the stay and granted the motion, noting that the appeal was not frivolous, the officer sought to serve his demotion immediately to avoid prejudice to future promotion opportunities, and the employer consented.

The Appellant, a police sergeant, pled guilty to discreditable conduct involving time theft and was penalized with a one-year demotion to First Class Constable along with eight conditions for reinstatement.

He appealed the conditions but abandoned the appeal of the demotion, bringing a motion to lift the automatic stay of the demotion so he could begin serving it immediately.

The Respondent supported the motion.

The Commission granted the motion, finding the appeal was not frivolous, the Appellant could be prejudiced by a delay, and lifting the stay would not adversely affect the consideration of the remaining appeal regarding the conditions.