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. - --- MAP posted-by: Beth Wehrman