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.