Mary-Woo Sims

The Haldimand-Norfolk Regional Police Services Board applied to the Ontario Civilian Commission on Police Services under s. 39(4) of the Police Services Act to resolve a $50,000 budget shortfall.

The Board argued that previous budget cuts left no room for further reductions, citing increased costs for vehicle replacement and insurance premiums.

The Regional Municipality opposed the application, pointing to a high incidence of tax arrears and the need to be sensitive to property taxpayers' ability to pay.

The Commission dismissed the application, finding that the Board could operate within the budget approved by the Municipality, and suggested the Board review its vehicle replacement allocation.

The appellant, a police sergeant, appealed a conviction for neglect of duty and a penalty of 24 hours forfeiture of time off.

The charges arose from a four-day delay in reporting a superior officer's misconduct regarding a lowered breathalyzer reading, and a failure to ensure seized liquor was properly recorded.

The Ontario Civilian Police Commission found that the four-day delay in reporting the superior's actions was not unreasonable given the circumstances.

However, the Commission upheld the finding of neglect of duty regarding the failure to properly record the seized liquor, as the appellant's words led subordinate officers to dispose of it.

The appeal was allowed in part, and the penalty was reduced to a forfeiture of 12 hours time off.