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Suspended N.B. police officer to retire as hearing looms

The town of Quispamsis is calling for changes after learning a police officer facing a misconduct hearing is retiring. The officer has been suspended with pay for four years. But, his looming retirement throws the arbitration hearing over his conduct into doubt. Tim Roszell reports. – Oct 28, 2020

A suspended New Brunswick police officer has announced his retirement as a hearing into conduct complaints against him was set to review his case.

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In an email to Global News, Kennebecasis Regional Police Force Chief Wayne Gallant confirmed Insp. Jeff Porter “formally submitted his intention to retire at the end of 2020” on Oct. 16.

Acting on a complaint filed against Porter by a female civilian who worked under his supervision, an independent investigation found dozens of alleged breaches of the province’s Police Act, including multiple instances of discreditable conduct and workplace harassment.

Porter, a 31-year KRPF veteran, has been suspended with pay for more than four years since the original complaint was filed in 2016. An arbitration hearing before the New Brunswick Police Commission had been set for Oct. 26, but now that’s been put off until Dec. 31.

That coincides with Porter’s retirement, which may complicate the proceedings as the commission oversees cases involving active officers.

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New Brunswick Police Commission executive director Jennifer Smith said in an email to Global News that responsibility shifts with the case in arbitration.

“When a complaint has been referred to arbitration,” Smith wrote, “the jurisdiction of the complaint belongs to the arbitrator and so when a complaint is in arbitration, it is the arbitrator’s decision whether they have lost jurisdiction due to a retirement.

“The Commission does not make the decision and is not able to speak for the arbitrator.”

A spokesman for the Town of Quispamsis, one of the primary communities served by the KRPF, said the town wants changes to the Police Act.

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“We are moving forward with our request to the provincial government for reforms to the Police Act, with respect to disciplinary proceedings in the case of alleged serious offences by sworn officers,” said Town of Quispamsis communications manager Aaron Kennedy.

The Department of Justice and Public Safety said a review is on the way.

“The department intends to resume engagement with stakeholders in the very near future on modernizing the Police Act,” said spokesperson Coreen Enos. “Which will include review of issues such as disciplinary proceedings.”

 

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