ONTARIO CIVILIAN POLICE COMMISSION
IN THE MATTER OF The POLICE SERVICES ACT, R.S.O. 1990, c. P.15, as amended
BETWEEN:
CONSTABLE TONY ROMANIC Appellant
-and-
NIAGARA REGIONAL POLICE SERVICE Respondent
DECISION
Panel: Raymond J. Silenzi, Member Sam Cancilla, Member
Hearing Date: Thursday, March 19, 1998
Hearing Location: Toronto, Ontario
Ontario Civilian Police Commission 250 Dundas Street West, Suite 605 Toronto, Ontario M7A 2T3 Tel: 416-314-3004 Fax: 416-314-0198 Website: www.ocpc.ca
Presiding Members: Raymond J. Silenzi, Member Sam Cancilla, Member
Appearances: Michael Pratt, Agent for the Appellant Inspector Robert Ciupa, Agent for the Respondent
Hearing Date: Thursday, March 19, 1998
This is an appeal from a decision of the Niagara Regional Police Services Board confirming penalties imposed upon Constable Tony Romanic by Hearing Officer Superintendent K.R. Davidson, on May 15, 1997.
The penalties in question were reduction in rank from first class constable to second class constable for one year for neglect of duty and further reduction in rank to third class constable for three months for discreditable conduct.
Background:
Constable Romanic joined the Niagara Regional Police Service on November 23, 1987. On the weekend of February 28, 1997 he was working a twelve-hour shift commencing at 7:30 p.m.
Constable Romanic left work without permission at approximately 6:45 a.m. on Saturday, March 1, 1997. He arrived at the Niagara Casino parking lot in his private vehicle and in street clothes. With the aid of an on duty police officer, he was allowed entry into the parking lot. A part of this parking lot was reserved for on duty police officers and could only be accessed with a pass card.
The Appellant was filmed on the Casino security surveillance cameras. He entered the casino at 7:04 a.m. and proceeded to the second floor where he met his nephew. After winning $400.00 at the roulette table both left the casino.
When the Appellant attempted to exit the parking lot he was met by Casino security employees. He identified himself as a police officer with the Niagara Regional Police Service and told them that he had left his parking lot pass and badge in a locker at the police office.
This office is in the parking lot and used by Niagara Regional Police while on duty at the Casino. The Appellant clearly was not on duty at the Casino and in fact did not have his badge and parking pass in a locker.
The Appellant proceeded to the Casino police office and punched in the security code and entered. The alarm sounded and the Appellant left the office and shut the door.
Constable Romanic returned to his vehicle and when he approached the security gate he told the Casino employees that he couldn't get into his locker to get his parking pass and badge because the alarm was on. He was then allowed to exit the parking lot.
The Niagara Regional Police responded to the alarm set off when the Appellant entered the Casino police office. The Casino security employees reported the behaviour of Constable Romanic to the service. An investigation was commenced. Constable Romanic co-operated fully and provided a statement.
On April 1, 1997 Constable Romanic was charged with two counts of neglect of duty and one count of discreditable conduct arising out of these events.
On May 15, 1997 Constable Romanic pled guilty to one count of neglect of duty and one count of discreditable conduct. The second charge of neglect of duty was withdrawn.
The specific allegation of neglect of duty to which Constable Romanic pled guilty was: “That on Saturday, March 1, 1997, in the City of Niagara Falls … you failed to work in accordance with orders, or leaves an area, detachment, detail or other duty, without permission or sufficient cause”. The allegation of discreditable conduct was that Constable Romanic acted “in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the police force”.
A joint submission on an appropriate penalty was proposed. It was not accepted by the Hearing Officer. Instead, Superintendent Davidson demoted Constable Romanic from first class constable to second class constable for a period of one year for neglect of duty and imposed a further demotion of three months to third class constable for discreditable conduct.
The Hearing Officer’s decision was appealed to the Niagara Police Services Board. On August 11, 1997 the appeal was denied.
Arguments:
Counsel for the Appellant argued that the Hearing Officer failed to acknowledge the joint submission on penalty or give clear and cogent reasons for rejecting it.
Mr. Pratt stated that the Hearing Officer must make his decision based on the evidence presented. He pointed out that no evidence was presented that crimes actually took place while the Appellant was off the