Pubdate: Sat, 09 Dec 2006
Source: Ottawa Citizen (CN ON)
Copyright: 2006 The Ottawa Citizen
Contact:  http://www.canada.com/ottawa/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Andrew Seymour

CONSTABLE WHO ADMITTED STEALING DRUGS APPEALS DISMISSAL

An Ottawa police officer, ordered to resign after he admitted to 
stealing and smoking crack cocaine, is appealing his dismissal.

Calling the sentence "unduly harsh and punitive," Const. Kevin Hall 
filed his notice of appeal to the Ontario Civilian Commission on 
Police Services yesterday, four days after Police Services Act 
hearing officer Terence Kelly ordered that he resign within seven 
days or be fired.

In his notice of appeal, Const. Hall alleges Mr. Kelly failed to give 
"proper weight and consideration" that his drug addiction is 
considered a disability under the Ontario Human Rights Code.

Const. Hall argues the hearing officer failed to properly consider 
the obligation of the Ottawa police to accommodate his 
addiction-related disability under the Human Rights Code and erred in 
failing to conclude his disability could be accommodated by the police.

"The hearing officer erred in overemphasizing the nature and 
seriousness of my misconduct, without giving proper weight to other 
relevant considerations, including my disability, my recognition of 
the seriousness of (my) transgression, and my ability to reform and 
rehabilitate," said the notice of appeal.

Const. Hall pleaded guilty in May to eight charges under the Police 
Services Act -- five counts of discreditable conduct, two counts of 
corrupt practice and one of neglect of duty.

In an agreed statement of facts, Const. Hall admitted to becoming 
addicted to crack cocaine after trying the drug for the first time 
after seizing it from a suspect on Nov. 9, 2004.

The west division neighbourhood officer also admitted to stealing 
crack cocaine from an evidence envelope, as well as drugs that were 
to be destroyed. He also bought the drug while on and off duty.

Const. Hall has been suspended with pay for the last year.

In his decision, Mr. Kelly said Const. Hall's repeated violations of 
his sworn oath of office gave him no "ethical option" but dismissal.

Const. Hall said Mr. Kelly erred in allowing his police application 
- -- where he lied about his history of drug abuse -- to be submitted 
as evidence, since he was never charged with deceit. He also argues 
the hearing officer gave "insufficient weight" to his rehabilitation 
efforts, which included attending a residential treatment program in Ottawa.

The hearing was told how Const. Hall did not approach the department 
for help with his addiction, but voluntarily attended treatment 
programs before learning of the internal police investigation.

Const. Hall listed 25 grounds for the appeal.

Ottawa Police Association president Charles Momy said the department, 
which encourages officers to seek treatment for addiction, has been 
"hypocritical" when it comes to Const. Hall's drug addiction.

"The police service has turned a blind eye after we proved there was 
a disability here," he said.

Although the association doesn't condone Const. Hall's "serious 
mistakes," Mr. Momy said he believes the officer deserves a second 
chance given his willingness to seek treatment.

Const. Hall is seeking reinstatement as a fourth-class constable, the 
lowest rank, and to work inside the police station without a firearm 
for at least a year and submit to drug tests.
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MAP posted-by: Beth Wehrman