C-018 - Conduct Authority Decision

The Appellant was the subject of a harassment complaint. Following an investigation, the Commanding Officer (CO) issued a decision finding that the complaint was established and imposing remedial conduct measures. However, the CO failed to serve the Appellant with a notice of conduct meeting and to hold a conduct meeting prior to issuing his decision, as required by provisions of the Force’s Conduct Policy and Investigation and Resolution of Harassment Complaints Policy. The Appellant appealed the CO’s decision (Appeal #1).

Shortly thereafter the procedural error described above was identified. The new CO, the Respondent, acting as the conduct authority, re-started the process and served the Appellant with a notice of conduct meeting. A conduct meeting was held with the Appellant, as a result of which the Respondent issued a written decision finding that the Appellant had engaged in harassment in contravention of section 2.1 of the Code of Conduct (Respondent’s Decision). However, the Respondent did not impose conduct measures as the one year limitation period for the imposition of such measures under subsection 42(2) of the RCMP Act had expired.

The Appellant appealed the Respondent’s Decision (ERC Appeal). He questioned the propriety of re-starting the conduct process while Appeal #1 was pending, and raised other grounds of appeal in relation to the Respondent’s Decision. Around the same time, the Commissioner allowed Appeal #1, quashed the CO’s decision and directed that the matter be remitted to the Respondent and dealt with in accordance with policy.

The ERC Appeal related to a decision that the Appellant had contravened the Code of Conduct. The authority providing such a right of appeal was found at subsection 45.11(3) of the RCMP Act. In order for such an appeal to be referable to the ERC, it must satisfy the criteria identified in subsection 45.15(1) of the RCMP Act in that the appeal must relate to one of the conduct measures identified therein or to any finding that resulted in its imposition. As no conduct measures were imposed by the Respondent, the ERC had no legal authority to issue findings and recommendations to the Commissioner.

This appeal is not referable to the ERC. As a result, the ERC does not have the legal authority to further review the matter or to make any findings.

The ERC returned the file to the RCMP to be addressed by the responsible office(s) within the Force.