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Conduct Hearings
Transparency and community trust are very important to our organization. It is imperative for us to allow the public a clear understanding of the ongoing disciplinary hearings that take place. The results of these hearings need to be accessible to the public and therefore we publish the outcomes for a minimum period of three months.
Professional Conduct Hearings are held, for a variety of professional misconduct allegations, under the Police Act and the Police Service Regulation of Alberta. The different kinds of misconduct allegations are described in Section 5 of the Police Service Regulation.
Generally speaking, if a misconduct charge goes to a hearing, there are four different types of hearing dates that could be scheduled: First Appearance, Appearance, Presentation of Evidence and Decision. Typically, a file will progress through these four different hearing types, but sometimes not all will be required. For example, evidence may be presented as an agreed statement of facts or a decision may be made at the end of the presentation of evidence instead of in a separate hearing date. On the other hand, a Decision hearing could be split into two separate hearing dates – one for a finding of guilt, and a later one one to decide the appropriate sanction.
Professional Conduct Hearings are open to the public and media. If you wish to attend, please note that food and drink is not allowed in the hearing room. Recording devices and cameras also are not permitted.
Upcoming Conduct Hearings
Conduct Hearing Outcomes
After evidence is presented at a hearing, the Presiding Officer will make a decision about whether the officer is guilty of the misconduct alleged in the hearing, and if so, what would be an appropriate sanction.
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Conduct Hearing Appeals
After evidence is presented at a hearing, the Presiding Officer will make a decision about whether the officer is guilty of the misconduct alleged in the hearing, and if so, what would be an appropriate sanction.
APPEAL OUTCOME
On 09 July 2020, in the course of a duly constituted public disciplinary hearing, the Cited Officer admitted to two counts of misconduct:
- engaging in discreditable conduct, contrary to section 5(1)(e) of the Police Service Regulation, as defined by section 5(2)(e)(viii) of the Police Service Regulation, by doing anything prejudicial to discipline or likely to bring discredit on the reputation of the police service;
- committing a neglect of duty, contrary to section 5(1)(h) of the Police Service Regulation, as defined by section 5(2)(h)(i) of the Police Service Regulation, by neglecting, without a lawful excuse, to promptly and diligently perform ones duties as a police officer.
The Presiding Officer imposed a sanction of demotion of one grade, from Sergeant to Senior Constable, Level 2, for a period of one year.
Appeal:
A deemed complainant appealed the Presiding Officer’s decision on sanction, and the matter went before the Law Enforcement Review Board.
Appeal Decision:
In a decision dated 14 March 2022, the LERB dismissed the appeal, and the Presiding Officer’s sanction of demotion of the Cited Officer for a period of one year will stand.
Current Status:
The deemed complainant proceeded to appeal the LERB’s dismissal of her appeal from the Presiding Officer’s hearing decision, on a number of grounds. This appeal of the LERB’s dismissal is made to the Alberta Court of Appeal. However, the deemed complainant first had to apply to that Court for permission to appeal the LERB decision (a statutory requirement under the Police Act) before a full appeal could be brought.
The Court of Appeal denied that request for permission on all grounds except for one. Accordingly, the deemed complainant was granted leave to appeal the LERB’s dismissal of her appeal, on the single issue of whether the Presiding Officer had the jurisdiction to impose a time limited reduction of seniority within a rank or a reduction in rank as a sanction (pursuant to Section 17(l)(d) and 17(l)(e) of the Police Service Regulation).
As of 14 December 2023 the deemed complainant discontinued her appeal before the Court of Appeal, so the sanction originally imposed by the Presiding Officer at hearing stands unchanged.
HEARING DECISION
Two Cited Officers (out of five originally charged) admitted and thereby were found Guilty by the Presiding Officer of the following charges of misconduct:
- Count 2: That you engaged in discreditable conduct, contrary to s. 5(1)(e) of the Police Service Regulation, as defined by section 5(2)(e)(iii) of the Police Service Regulation, by using profane, abusive or insulting language to any member of a police service or to any member of the general public;
- Count 3:That you committed insubordination, contrary to s. 5(1)(g) of the Police Service Regulation, as defined by s. 5(2)(g)(i) of the Police Service Regulation, by being insubordinate to a superior officer by word or action;
- Count 5:That you committed neglect of duty, contrary to s. 5(1)(h) of the Police Service Regulation, as defined by s. 5(2)(h)(v) of the Police Service Regulation, by failing to report a matter that it was your duty to report.
- Count 6:That you engaged in discreditable conduct, contrary to s. 5(1)(e) of the Police Service Regulation, as defined by section 5(2)(e)(vi) of the Police Service Regulation, by abetting or knowingly being an accessory to a contravention of section 5 of the Police Service Regulation by another peace officer;
- (Original counts 1 and 4 were withdrawn)
and the following sanction imposed:
- For each officer, the Presiding Officer imposed a sanction of demotion of two grades, from Senior Constable, Level 2, to First Class Constable for a period of one year.
and accordingly, the hearing was concluded on that basis.
Appeal:
The complainant has appealed the Presiding Officer’s decision as to sanction, and the matter is before the Law Enforcement Review Board.
Contact
Lethbridge Police Service
135 1 Avenue South
Lethbridge, Alberta T1J 0A1
Non-Emergency Phone: 403-328-4444
General Inquiries Phone: 403-327-2210
Email: General Inquiries
(not monitored 24/7)
Hours for public access:
Monday to Friday - 7:30 am to 4:00 pm
Closed weekends and statutory holidays