Post by Rick (Admin) on Mar 9, 2013 9:26:29 GMT -5
North Bay City cop docked pay
NORTH BAY - A North Bay Police Service officer trained to analyze breath samples of drunk driving suspects will have his pay docked for nine months for refusing to give a breath sample the night he was arrested.
Const. Stephen Taylor pleaded guilty at the start of his disciplinary hearing to discreditable conduct. Hearing officer Insp. Dan Markiewich of the Greater Sudbury Police Service released his decision Friday to reduce Taylor's rank for nine months from first-class to second-class constable resulting in a salary cut from $87,244 to $69,796, not including retention bonus.
Taylor, 37, remains on administrative duties since his arrest in 2011, and will continue those duties while his driver's licence is suspended.
He was found guilty in December of refusing to provide a breath sample and fined $1,000 and banned from driving for a year -- the minimum sentence for that offence.
The Crown recommended a higher penalty to condemn the police officer for trying to use his status to talk his way out of charges and be treated differently than others who are ordered to give a breath sample.
A senior Ontario Provincial Police officer testified he was patrolling the Highway 11/17 bypass in an unmarked cruiser and witnessed erratic driving just past midnight on June 30, 2011, and stopped the vehicle after it crossed the centre lane three times.
He told court the driver's breath smelled of alcohol, the man's eyes were glassy as if he was ready to cry and described him as being unsteady on his feet.
The trial judge found Taylor not guilty of impaired driving, saying there wasn't enough evidence to suggest the erratic driving was caused by consuming alcohol and not physical and psychological issues.
The OPP officer testified the driver flashed a police badge, identified himself as a cop, demanded to be driven home and tried to persuade another senior OPP officer to help him.
Taylor claimed in the trial city police offer that favour to OPP, and testified he was suffering post-traumatic stress disorder when he didn't respond to the OPP breath technician's demands to provide a breath sample.
“Constable Taylor damaged the service's reputation and I believe has impacted the professional relationship between the Ontario Provincial Police and the service,” Markiewich writes in his decision.
It says organizations such as Mothers Against Drunk Driving demonstrate intolerance for drinking and driving related behaviour, and police recognize the concern and identify traffic safety as a priority. The decision says most police officers take part in Reduce Impaired Driving Everywhere (RIDE) programs at some point in their career.
“When an officer is convicted of a crime in that context, it can create doubt with respect to the service's commitment and ability to address this issue,” Markiewich writes.
One of the objectives of the disciplinary process is it to protect the public and consider the public interest, he writes.
“It erodes public confidence and trust when an officer engages in the type of behaviour they are supposed to be preventing or enforcing. By virtue of their position, police officers are required to live up to a higher standard of conduct than other members of society,” the decision says.
Taylor has an otherwise unblemished record, and Markiewich found the discipline should not be so harsh it hurts the officer's ability to move forward and complete rehabilitation.
The discipline is also meant to deter any members of the policing community and the public who might contemplate the same behaviour that led to the temporary demotion.
Although Taylor's discipline process was open to the public, North Bay Police Service did not give notice about the hearing like some other police services.
Chief Paul Cook acknowledged that defeats the purpose of a public hearing and said that won't happen again with plans to post future first appearance discipline dates on the city police website.
These types of disciplinary hearings are rare for the service, he said.
www.nugget.ca/2013/03/08/city-cop-docked-pay