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Kennebecasis officer accused of 3 more breaches of Police Act for alleged 'retaliation'

A senior officer with the Kennebecasis Regional Police Force who is already facing an 81-count complaint under the provincial Police Act is accused of three more offences for allegedly retaliating against the original complainant, a female civilian employee he supervised.

Insp. Jeff Porter's actions "did result in the intimidation and harassment of the complainant" and "by his actions and statements, he has confirmed that the motive for his actions was to retaliate," an independent investigator hired by the New Brunswick Police Commission found.

Porter, who remains under an order to have no contact with the woman he allegedly sexually harassed, violated three sections of the professional code of conduct, including abuse of authority by harassment/intimidation, discreditable conduct while off duty, and insubordination, according to the investigator.

None of the allegations have been proven.

Porter, a 31-year veteran of the force that covers Rothesay and Quispamsis, has been suspended with pay for more than three years.

He denies the allegations, said lawyer Jamie Eddy, who is representing Porter before the provincial policing oversight body.

He "intends to mount a vigorous defence" against the latest allegations at an arbitration hearing, scheduled for Jan. 20-23 in Saint John, said Eddy.

The original 81-count complaint dates back to February 2016 and includes allegations of sexual harassment, abuse of authority, corrupt practice and discreditable conduct.

But the complaint is "basically on hold," pending a judicial review in the Court of Queen's Bench in Fredericton on Dec. 3, said Eddy.

"We're arguing that there has been a breach of the statutory time limits," he said.

Under the act, an officer must be served with notice of a settlement conference within six months of a complaint being filed. Otherwise, the commission loses jurisdiction and "no further action shall be taken" against the officer.

The latest allegations stem from a complaint filed on Sept. 4, 2018, according to the notice of arbitration. Chief Mitchell MacMillan of the Woodstock Police Force was appointed to investigate.

'Used his influence'

"The investigation has shown, that in an attempt to mount a vigorous defence, Inspector Porter used his influence to locate and speak with others in the community about the complainant," the notice of arbitration says.

"He also used partial truths and misleading statements to encourage witnesses to provide statements against the complainant."

"Finally, Inspector Porter, knowing that he was under a written order to have no contact either directly or indirectly with the complainant, did so in a manner that brought negative criticism on the Kennebecasis Regional Police Force" and in so doing "failed to follow a lawful order given to him by the chief."

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Based on MacMillan's report, KV Chief Wayne Gallant "determined there was sufficient evidence" Porter had committed breaches of the Police Act, according to the notice of arbitration.

A settlement conference was held on Feb. 20, but no settlement was reached.

Gallant declined to comment, saying it would be "inappropriate" at this stage, as the matter is now in the arbitration process.

Jennifer Smith, executive director of the New Brunswick Police Commission, also declined to comment.

Porter was previously investigated by the New Brunswick RCMP for alleged intimidation, sexual harassment, obstruction and mischief involving the complainant. No criminal charges were laid.

The investigator hired by the New Brunswick Police Commission found Porter violated numerous sections of the Police Act's code of professional conduct, including:

  • Discreditable conduct: 67 counts.

  • Workplace harassment: six counts.

  • Neglect of duty: five counts.

  • Corrupt practice: two counts.

  • Damage police force property: one count.

Porter also committed police force policy violations, the investigator, Ottawa-based lawyer Jennifer White, found, including:

  • Respectful workplace/harassment policy: three counts.

  • Workplace harassment: one count.

  • Personal use of police force assets/property and human resources: one count.

Porter has been suspended with pay since June 2016. An inspector's annual salary ranges between roughly $104,000 and $115,000.