Published in the Toronto Sun
2 July 2013
Readers have asked why a police officer remains on the payroll while facing criminal charges. A criminal court has no authority to fire anyone from their job or take away their pay cheque. Only an employer can fire someone. Barrie Police Const. Nevill will now face charges under the Police Services Act, an automatic process now that the criminal charges have been dealt with. Only after a fair and proper hearing under the PSA can Nevill face the possibility of dismissal.
Bruce Forsyth
(Oh, it had better be a lot more than a “possibility”)
*****************************************************************************************************
the unedited column:
Re: Still Being Paid (letter from Betty Mueller, June 25), I can answer her question. A criminal court has no authority to fire ANYONE from their job or take away their pay-cheque, whether they are a cop or an accountant convicted of fraud and embezzlement. Only an employer can fire someone, which in Cst Nevill’s case is the Barrie Police Service Board. Nevill will now face charges under the Police Services Act (PSA), an automatic process now that the criminal charges have been dealt with. Only after a fair and proper hearing under the PSA can Nevill face the possibility of dismissal. While being convicted of a criminal offence is not automatic grounds for dismissal from a police service, Nevill has been convicted of very serious criminal charges, so this will not go well in his favour at a PSA hearing and could prove sufficient enough for a conviction on the PSA charges and an ultimate sentence of dismissal. Only if Nevill is sentenced to a custodial sentence, including house arrest, will he be suspended without pay. A custodial sentence also pretty much guarantees that he will be fired.
**************************************************************************************************
The original letter in the Toronto Sun that inspired my column:
Still being paid
Re “Man sues cop who beat him” (Tracy McLaughlin, June 23): Would someone please explain how a police officer, in this case Const. Jason Nevill, found guilty of assault causing bodily harm and fabricating evidence, is suspended with pay and not fired?
Betty Mueller
Barrie
(Yeah, that one’s got us stumped, too)
