ONTARIO CIVILIAN POLICE COMMISSION
IN THE MATTER OF The POLICE SERVICES ACT, R.S.O. 1990, c. P.15, as amended
BETWEEN:
DETECTIVE SERGEANT JACK MORE Appellant
-and-
YORK REGIONAL POLICE SERVICE Respondent
DECISION
Panel: Brenda Weese, Member Charles B. Rycroft, Member
Hearing Date: Wednesday November 29, 2000
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
Presiding Members: Brenda Weese, Member Charles B. Rycroft, Member
Appearances: William R. MacKenzie, Counsel for the Appellant Steven O'Melia, Counsel for the Respondent
Hearing Date: Wednesday November 29, 2000
1This is an appeal from the disciplinary penalties imposed upon Detective Sergeant Jack More by Superintendent J. Girvan (the “Hearing Officer”) following findings of guilt on two counts of discreditable conduct contrary to subsection 2(1)(a) (xi) of the Code of Conduct found at Ontario Regulation 123/98 (the “Code”).
Background
2The events and circumstances giving rise to this appeal are not in dispute.
3Detective Sergeant More is a 26-year veteran of the York Regional Police Service (the “Service”). He was the officer in charge of the Intelligence and Support Unit. In that capacity he attended the 1998 and 1999 Mid-Atlantic Great Lakes Organized Crime Law Enforcement Network (“MAGLOCLEN”) conferences held in Pittsburgh and Atlantic City, respectively. Both took place in April.
4Detective Sergeant More drove to both conferences in Service vehicles. He subsequently submitted two claim forms to MAGLOCLEN for mileage and other associated travel costs. As a result, two cheques were mailed to him at his home address in the amounts of $277.80 and $435.46 in U.S. funds. Both cheques were cashed and deposited in the Appellant’s bank account.
5The Service became aware of this situation and commenced an investigation. Detective Sergeant More was suspended from duty on June 29, 1999. Shortly, thereafter, he was reinstated and assigned to the radio room. On August 9, 1999 he provided a medical certificate indicating that he was unfit for duties and commenced sick leave. MAGLOCEN requested reimbursement from the Service. York reimbursed MAGLOCEN on October 15, 1999.
6As a result of these events Detective Sergeant More was charged with seven counts of misconduct. These included two charges of discreditable conduct, two charges of deceit and three charges of corrupt practice.
The Hearing:
7Detective Sergeant More appeared before the Hearing Officer on a number of occasions in late 1999. On October 26, 1999 one count of corrupt practice was withdrawn. The remaining matters proceeded to trial in April of 2000. Detective Sergeant More pled not guilty to the remaining six counts.
8During the course of the hearing an agreed statement of facts was presented. As well, oral evidence was received from several witnesses. Close to thirty exhibits were admitted.
9Detective Sergeant More testified. He indicated that he had filled out the reimbursement forms as directed by others. He stated that there was no Service policy to reimburse travel time, but that there was an unwritten rule for officers to make up the time as ‘best as you can’. He suggested that he believed that he should be able to compensate himself outside of the Uniform Working Agreement as he had difficulty getting time off.
10He stated that he felt that he was entitled to receive payment from a third party agency for time not paid by the Service. He argued that the monies received had nothing to do with the Service. Notwithstanding his belief that he was justified in claiming mileage, Detective Sergeant More presented a cheque in the amount of $643.56 to the Service through his lawyer