Ontario Civilian Commission on Police Services
OCCPS #07-19
REASONS FOR DECISION
CONSTABLE MICHAEL BYRNE Appellant
ONTARIO PROVINCIAL POLICE Respondent
Presiding Members: Murray W. Chitra, Chair Garth Goodhew, Member
Appearances: Jonathan D. Cocker, Counsel for the Appellant Marnie Bacher, Counsel for the Respondent
Hearing Date: October 30, 2007
This is an appeal from a conviction of one count of discreditable conduct contrary to section 2(1)(a)(xi) of the Code of Conduct found at Ontario Regulation 123/98 as amended (the “Code”) by Superintendent (retired) Alan Griffiths (the “Hearing Officer”) on January 22, 2007.
Further it is an appeal from the penalty imposed on March 7, 2007. That penalty was forfeiture of two days or sixteen hours off.
Background:
This is the third case before the Commission concerning Constable Michael Byrne and his off duty activities.
Constable Michael Byrne has been a member of the Ontario Provincial Police (“OPP”) for over nineteen years. In 2003-2004 he was assigned to the Wellington County Detachment at Mount Forest.
At that time, in addition to his policing duties, Constable Byrne owned and operated a small business known as MLSP Enterprises. Its primary activity was landscaping and snow removal.
In the Fall of 2003 Constable Byrne entered into an unwritten contract with Ms. Sandra Maas for snow removal from a property where she operated a hair salon in Mount Forrest.
It would appear that this arrangement did not work out. After speaking with Sergeant William Atchison and Sergeant Glenn Dietrich of the Mount Forrest Detachment Ms. Maas submitted a formal letter of complaint against Constable Byrne on September 21, 2007.
Sergeant Thomas MacLean of the Professional Standards Branch of the OPP was assigned to investigate the complaint. He was assisted by Sergeant Bruce Fearnall.
On January 18, 2005 Constable Byrne was charged with discreditable conduct. The Particulars of the Allegations contained in the Notice of Hearing were as follows:
During the winter of 2003-2004 you were hired to perform snow removal services for a member of the public pursuant to a snow removal business you operate. She felt intimidated in engaging your services. On or about August 28, 2004, while on duty in full uniform and operating an OPP cruiser, you approached a member of the public to accuse her of failing to pay money allegedly owed to you for snow removal. You also made a number of inappropriate comments to this person including calling her son a delinquent and asking if you could purchase her dying father’s boat.
Your inappropriate actions in relation to this conversation included but are not limited to:
- You inappropriately used your character and position as an Ontario Provincial