C-110 – Conduct Authority Decision

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that he contravened section 4.2 (Duties and Responsibilities), section 7.1 (Discreditable Conduct), and section 4.6 (Misuse of Force IT equipment) of the Code of Conduct. The Respondent found that the Appellant failed to be diligent in the performance of his duties by communicating with a subject of interest of a homicide investigation (Allegation 1), that he destroyed his written notes related to his communication with this subject of interest (Allegation 3), and that he used a government issued cell phone SIM card for an unauthorized purpose (Allegation 4).

The Appellant submitted that the decision was reached in a procedurally unfair manner for the following reasons: the conduct proceedings against him arose in an unfair manner, he was not provided with an opportunity to respond to the request for an extension of time limitation, the Respondent was biased against him, and the Respondent refused to disclose all relevant material. He also argued that the decision is clearly unreasonable.

The ERC found that the Appellant did not establish that the conduct proceedings arose in an unfair manner, that he was denied the right to be heard or that the Respondent was biased against him. However, the ERC found that the Appellant’s right to procedural fairness was irreparably breached by the inadequacy of disclosure relating to Allegation 1. The ERC also found that the Respondent’s findings with respect to Allegations 3 and 4 are clearly unreasonable.

The ERC recommends that the appeal be allowed.