ONTARIO CIVILIAN POLICE COMMISSION
IN THE MATTER OF THE POLICE SERVICES ACT, R.S.O. 1990, C.P.15, AS AMENDED
BETWEEN:
Constable Christian Brudlo
APPELLANT
-and-
Toronto Police Service
RESPONDENT
DECISION
Panel: David Edwards, Member Murray W. Chitra, Chair Tammy Landau, Member
Hearing Date: Wednesday, October 19, 2005
Hearing Location:
Appearances:
Gary R. Clewley, Counsel for the Appellant
Robert Fredericks, Counsel for the Respondent
I. Introduction
This is an appeal from a penalty of dismissal (in the absence of resignation within seven days) imposed on Constable Christian Brudlo by Superintendent Neale T. Tweedy (the “Hearing Officer”) on February 9, 2005.
The penalty in question followed a finding of guilt on October 13, 2004 for a single count of discreditable conduct contrary to section 2(1)(a)(xi) of the Code of Conduct found at Regulation 123, R.R.O. 1998 (the “Code”).
Constable Brudlo also appeals this finding of guilt. This challenge is focused on a decision of the Hearing Officer to deny a request by Constable Brudlo for an adjournment prior to the commencement of the disciplinary proceeding on September 14, 2004.
II. Background
The facts giving rise to this appeal occurred in the spring and summer of 2003. At that time Christian Brudlo was a first-class constable. As a result of a complaint, Constable Brudlo was charged with the disciplinary offence of discreditable conduct on December 23, 2003.
The particulars of the allegations against Constable Brudlo were as follows:
Being a member of the Toronto Police Service, attached to the North Collision Reporting Centre, you between April and July, 2003, while on duty did have inappropriate contact with a civilian employee.
Specifically, you initiated conversations of a sexual nature stating, “You know, a lot of people say I’m good at sixty-niners”. At various times you would touch the victim in her mid-section without consent.
In so doing, your actions were such that you were acting in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the Toronto Police Service.
A copy of a Notice of Hearing was served on Constable Brudlo’s counsel on January 7, 2004.
That Notice of Hearing directed Constable Brudlo to appear before the Hearing Officer on January 30, 2004. As well, it contained the following statement: “Take notice pursuant to Section 68(6) of the Police Services Act, 1990, as amended, the penalty of dismissal or demotion may be imposed if the misconduct or the unsatisfactory work performance with which you are charged is proved on clear and convincing evidence.”
The Hearing
- Constable Brudlo failed to appear before the Hearing Officer on January 30, 2004. Proceedings were adjourned to February 17, 2004. On that date, Constable Brudlo booked off