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Commission refused to rubber-stamp a consent motion revoking a disciplinary decision without supporting evidence.
The appellant police officer appealed a finding of guilt for discreditable conduct and the resulting penalty.
Prior to the hearing, the parties submitted a consent motion requesting an order revoking the hearing officer's decisions, citing a failure by the complainant to disclose relevant evidence.
The Commission noted that counsel failed to provide written argument, factums, or evidence to support the motion, and failed to address the Commission's jurisdiction to grant such relief on consent.
The Commission held that it cannot simply rubber-stamp a joint submission and directed counsel to file the required materials by a specified date, failing which the motion would be dismissed. (An amending order later corrected the name of the respondent's counsel in the original decision).
