An ongoing matter involving a suspended Kennebecasis regional police officer has cost taxpayers in Quispamsis and Rothesay more than $1 million so far.
The new figure is included in a joint letter sent to the premier by the two councils which calls for changes to the province’s Police Act to speed up the resolution of personnel matters.
For more than four years, the towns have faced with ongoing costs related to “alleged serious violations” by a member of the Kennebecasis Regional Police Force (KRPF), according to the letter.
“To date, the cost of this protracted matter exceeds $1 million, and though a resolution is pending, it seems unlikely any of the tax dollars expended will be recovered,” said the letter, dated Oct. 30.
While the letter does not name the officer in question, the mayor of Quispamsis confirmed it involves suspended KRPF Insp. Jeff Porter.
Porter has been suspended with pay since June 2016 after a complaint was filed by a female civilian employee of the force. The complainant, according to a February 2020 court ruling related to the matter, detailed “various incidents of inappropriate conduct by the applicant against the complainant.”
An investigative report presented to the New Brunswick Police Commission (NBPC) in June 2018 identified 16 specific allegations of misconduct by Porter. An arbitration hearing has been delayed several times, including during a failed legal challenge by Porter.
‘It Takes Too Long’
“The Councils of Quispamsis and Rothesay have each moved to bring the matter to your attention in the hope the Police Act be amended to expedite such situations,” wrote the councils.
“While the Councils can appreciate the necessity to protect police officers from frivolous and vexatious accusations, the obligation to continue to provide wages and a full complement of benefits during a period of extended enquiry and negotiation seems, in our view, to be particularly offensive to the notion of ‘taxpayer fairness.’”
Gary Clark, the mayor of Quispamsis, said it was time for Quispamsis and Rothesay to send a message to the province that things have to change.
“We certainly see that it takes too long,” said Clark after Tuesday’s regular council meeting. “It’s drawn out, in this case, over four years. It’s far too long. We’re talking a large amount of money over an extended time and we’re asking that that be shortened.”
Municipal and regional police forces cannot suspend an officer without pay unless they have been convicted of a provincial or federal offence.
When asked if this should be changed, Clark said there need to be mechanisms in place to ensure an officer facing accusations is compensated during the course of an investigation.
“Anybody can go out and make accusations on anybody,” he said. “We want to make sure that the officers are protected and that they should be paid until otherwise. We need to reduce the amount of time that it takes, that’s where the costs are being incurred.”
Arbitration Hearing Adjourned Until December
The NBPC scheduled a settlement conference for Porter in September 2018, but after the parties failed to reach an agreement, an arbitration hearing was launched the following month.
Porter sought a judicial review of the case, arguing he was not served with a notice of settlement conference within the six-month time limit.
But a Court of Queen’s Bench judge turned down the judicial review in February, saying Porter “failed to establish any exceptional circumstances that would justify judicial intervention before the administrative process has been completed.”
In late October, police Chief Wayne Gallant confirmed to our newsroom that Porter plans to retire at the end of the year.
Under the Police Act, the police commission no longer has authority over an officer once they leave the force. But Jennifer Smith, the commission’s executive director, said the arbitrator now has jurisdiction over the complaint.
“It will be up to the arbitrator to determine whether that jurisdiction is lost if an officer retires,” said Smith.
The arbitration hearing for Porter has now been adjourned until Dec. 31.
Meanwhile, Clark said he will continue to push for reform to the Police Act until changes are made.
“I won’t stop, I can say that. This is the first letter and, if I have to, we’ll talk to the mayor of Rothesay again and we’ll work together and continue,” he said. “I’ll keep going until we get answers, until we get action taken on this.
