An arbitration matter involving a now-retired Kennebecasis regional police inspector accused of inappropriate conduct against a civilian employee has been terminated.
The New Brunswick Police Commission held a “brief procedural call” Thursday in the case involving Jeff Porter.
The call took place the same day that Porter, who had been suspended with pay since June 2016, officially retired from the Kennebecasis Regional Police Force (KRPF).
“Arbitrator Gary McLaughlin has determined that as Jeff Porter is no longer a member of the Kennebecasis Regional Police Force and no longer a member of a police force that he, Arbitrator McLaughlin, no longer has jurisdiction to hear the complaint,” the police commission said in a statement Thursday.
Under the Police Act, the commission no longer has authority over an officer once they leave the force.
Statement From Police Chief, Police Commissioners
Police Chief Wayne Gallant and the Kennebecasis Regional Joint Board of Police Commissioners Chair Bob McLaughlin issued a joint statement following Thursday’s decision.
The statement said this has been a “lengthy and difficult process” for the force and its employees.
“Employee wellness is one of the strategic priorities of the KRPF and throughout this process, the KRPF Joint Board of Police Commissioners and KRPF leadership have supported our employees while they have continued to deliver high quality and professional policing services to the communities of Quispamsis and Rothesay,” said the statement.
“Much has changed at the KRPF since 2016 improving the working environment and culture of the organization.”
The statement detailed a number of changes made over the past few years, including a new police chief and senior leadership team; the hiring of a full-time human resources professional; updates to respectful workplace and harassment policies; and annual respectful workplace, ethics and harassment training.
“We will be offering no further comment on the matter,” said the statement.
Timeline Of Complaint
The allegations against Porter were first brought to the attention of senior management by Const. Kelley McIntyre in February 2016, according to the background of a Court of Queen’s Bench decision related to the matter.
Then-chief Stephen McIntyre later dismissed the complaint and reprimanded Const. McIntyre (no relation) on the basis that the information was “untrue.” McIntyre was cleared the following month.
Const. McIntyre filed a complaint against the chief with the Kennebecasis Regional Joint Board of Police Commissioners in June 2016. An independent investigator found the chief committed 23 breaches under the Police Act. He resigned in November 2016.
Around the same time McIntyre filed her complaint, the alleged victim filed a written conduct complaint with the force, detailing “various incidents of inappropriate conduct” by Porter against her. Porter was suspended on June 28, 2016, as the matter was investigated.
An investigative report presented to the New Brunswick Police Commission in June 2018 identified 16 specific allegations of misconduct by Porter.
The commission scheduled a settlement conference in September 2018, but after the parties failed to reach an agreement, an arbitration hearing was launched the following month.
In the meantime, 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 declined the judicial review in February 2020, saying Porter “failed to establish any exceptional circumstances that would justify judicial intervention before the administrative process has been completed.”
Our newsroom was the first to report in November that the ongoing matter involving Porter has cost taxpayers in Quispamsis and Rothesay more than $1 million so far.
The figure was included in a joint letter sent to the premier by the two councils calling for changes to the province’s Police Act to speed up the resolution of personnel matters.
Calls For Inquiry Into Porter Matter
In November, the association representing municipal police officers in New Brunswick called for an independent inquiry into the handling of the Porter case.
The New Brunswick Police Association claimed the discipline process was not properly followed by former police chief Stephen McIntyre, former New Brunswick Police Commission executive director Steve Roberge, and the then members of the joint board of police commissioners.
“[Taxpayers] have the right to know why it has happened, how it’s happened, and to ensure it won’t happen again,” said Mike Davidson, the national representative for CUPE, which represents KRPF members.
“This was a one-off and it’s not right to ignore that one-off because we don’t know if it’s going to happen again or not and it shouldn’t happen again.”
In addition to the inquiry, the union believes the Police Act should be changed so the chiefs’ authority over any complaint is transferred to an independent third-party “to restore confidence and accountability” in the complaint process.
