C-097 - Conduct Authority Decision

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that he breached section 2.1 (Respect and Courtesy) (Allegation 1) and section 4.2 (Duties and Responsibilities) (Allegation 2) of the Code of Conduct during his interactions with a member of the [police] and while having a prisoner in his control. The Appellant is also appealing the conduct measures imposed, which consist of forfeitures of three and five days’ pay.

The Appellant argued that the decision was procedurally unfair due to a reasonable apprehension of bias by the Respondent. He also argued that the Respondent’s consideration and assessment of evidence, arguments and credibility are clearly unreasonable. Lastly, he argued that the conduct measures are clearly unreasonable.

The ERC found that the Appellant did not establish a reasonable apprehension of bias. The ERC also found that the Respondent’s consideration and assessment of evidence, arguments and credibility are not unreasonable. The ERC found, however, that the Respondent failed to sufficiently explain his choice of conduct measures. Despite the absence of reasons, the ERC concluded that, concerning Allegation 1, the Respondent’s rationale for the conduct measure imposed could be easily identified in his decision on the allegations and is not clearly unreasonable. However, with regard to Allegation 2, the ERC concluded that the Respondent’s decision does not contain a roadmap from the Appellant’s impugned behaviour to the ordering of a forfeiture of five days’ pay, and that his failure to provide reasons renders his decision on this conduct measure clearly unreasonable.

The ERC recommends that the appeal be allowed, in part, on the limited basis that the Respondent did not sufficiently explain why he ordered the Appellant to forfeit five days’ pay for neglecting his duty. However, based on a fuller analysis conducted by the ERC of the conduct measures, the ERC recommends that a forfeiture of five days is, in this case, suitable.