Thomas A. Hockin

The appellant police officer appealed a conviction for insubordination after refusing an order to trim his moustache to comply with the force's personal appearance regulations.

The appellant argued the regulation was unlawful, discriminatorily enforced, and that his reassignment to menial tasks prior to the hearing constituted double jeopardy.

The majority of the Commission dismissed the appeal.

In dissenting reasons, one member found that the appellant's reassignment to menial tasks amounted to punishment before formal conviction and would have allowed the appeal on the ground of double jeopardy.

The appellant police officer appealed a conviction for insubordination after refusing to obey an order to trim his moustache to comply with personal appearance regulations.

The appellant argued the regulation was unlawful, discriminatorily enforced, and that his reassignment to menial tasks prior to the hearing constituted double jeopardy.

The majority of the Commission dismissed the appeal.

The dissenting member would have allowed the appeal on the basis that the appellant's reassignment to menial tasks amounted to punishment prior to formal conviction, thus constituting double jeopardy.