Jeffrey L.D. King

The appellant police officer appealed findings of Neglect of Duty and Discreditable Conduct arising from his failure to arrest a suspect following a 9-1-1 call.

The Hearing Officer had found the appellant guilty and imposed a reduction in rank.

On appeal, the Ontario Civilian Police Commission found that the Hearing Officer erred in his credibility assessments by relying solely on demeanour without providing cogent reasons, and misapprehended the evidence regarding whether reasonable and probable grounds existed to arrest the suspect.

The Commission concluded that the appellant reasonably determined there were no grounds for arrest.

The appeal was allowed, the findings of guilt were revoked, and the appellant was found not guilty on both charges.

The appellant police officer appealed a penalty of 48 hours forfeiture of time off imposed for discreditable conduct arising from a domestic dispute.

The hearing officer had considered a prior disciplinary conviction that was subsequently quashed on appeal.

The parties presented a joint submission to implement the hearing officer's alternative penalty of 24 hours forfeiture.

The Commission allowed the appeal, finding the joint submission reasonable, and varied the penalty to 24 hours forfeiture of time off and a written apology.

The appellant, an off-duty police officer, consumed alcohol and a sleeping pill before driving his personal vehicle, rear-ending another vehicle, and failing to remain at the scene.

He was subsequently arrested for impaired driving and pleaded guilty to a Highway Traffic Act charge of failing to remain, as well as a disciplinary charge of discreditable conduct.

The Hearing Officer imposed a penalty of demotion from First Class Constable to Second Class Constable for 16 months.

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 weighed the aggravating and mitigating factors, including the serious nature of the misconduct and the need for deterrence, and that the penalty was reasonable.

The Port Hope Police Services Board applied under section 40 of the Police Services Act for consent to terminate six civilian communicators in order to outsource communications and dispatch services to the Owen Sound Police Service.

After a public meeting and review of the proposed dispatching agreement, the Commission found that the outsourcing would continue to provide adequate and effective police services for Port Hope while addressing financial pressures.

The Commission consented to the application, ordering that any outstanding severance issues be submitted to arbitration if not resolved within 90 days.