Ontario Civilian Police Commission
OCPC - #11-02
REASONS FOR DECISION
SERGEANT JAMES SAXON Appellant
AMHERSTBURG POLICE SERVICE Respondent
Presiding Members: Tammy Landau, Member Zahra Dhanani, Member
Appearances: Luigi DiPierdomenico, Counsel for the Appellant David G. Cowling, Counsel for the Amherstburg Police Service
Hearing Date: November 13, 2010
Reasons for Decision
Sergeant James Saxon appeals his conviction for one count of discreditable conduct for incivility contrary to section 2(1)(a)(v) of the Code of Conduct found at Ontario Regulation 123/98 (the “Code”) by Superintendent Morris Elbers (“Hearing Officer”) on March 4, 2010.
Penalty is not at issue.
Background:
The essential facts of this case are straightforward.
On March 3, 2000 Chief Bird issued an Order directing all members of the Amherstburg Police Service (“Service”) to make any inquiries regarding financial matters and benefits, including disability claims, to the police department.
The Order specifically prohibited members from making such inquiries at the Amherstburg Town Hall:
Effective this date all personnel are not to attend the Town office for queries on financial matters, benefits as it relates to your collective agreement unless authorized by the Chief of Police.
All requests for information are to be directed to the Sergeant in charge and forwarded to the office of the Chief of Police or his designee.
In case of sick benefits and LT.D forms will be available at the Police Service and will be forwarded to the benefit Co-ordinator of the Town when completed by this office.
On December 3, 2008, Sergeant Saxon booked off sick. As of December 17, 2008, he would have been eligible for Short Term Disability payments (“STD”).
At that time, Staff Sergeant Timothy Berthiaume was the “Sergeant” in charge. He was aware that Sergeant Saxon would become eligible for STD on December 17th. He called Sergeant Saxon on December 15, 2008, to ascertain if Sergeant Saxon would be returning to work by that date and if not, to advise him that he would be required to fill out the appropriate forms.
Sergeant Saxon did not answer his phone. Staff Sergeant Berthiaume left a message for him to return his call. Sergeant Saxon did not. Staff Sergeant Berthiaume left another telephone message. In this instance, as well, he did not receive a return call from Sergeant Saxon.
That same afternoon Sergeant Saxon left two telephone messages for Elke LeBlanc, an employee in the Payroll and Benefits department at Amherstburg Town Hall. Ms. LeBlanc was the contact person for the Service, and was aware of the Order specifying that requests for STD forms were to be made directly with the Service. She was also aware that Sergeant Berthiaume was attempting to contact Sergeant Saxon about a possible STD claim.
Later that afternoon, Ms