A veteran Edmonton police sergeant has been stripped of his management rank for making homophobic feedback to a few homosexual officers who had been below his command.
In a call launched Monday following a disciplinary continuing, the Edmonton Police Service detailed the sanctions towards Sgt. Ken Smith.
Smith was discovered to have engaged in insubordination and discreditable conduct for a string of incidents the place he harassed subordinates and made crude, sexualized feedback about homosexual intercourse, the listening to discovered.
He has been demoted from sergeant to constable, a transfer that strips him of management and cuts about $14,000 from his annual wage.
Fred Kamins, a retired RCMP chief superintendent who presided over the listening to, discovered that Smith demonstrated “no significant” regret for the hurt brought on by his degrading remarks.
In a scathing report, Kamins discovered that Smith was misleading and evasive throughout the investigation and dominated that the veteran officer was unfit for management.
Smith “crossed a line” along with his phrases however worse, he didn’t take accountability for his actions, the listening to discovered.
Smith’s remarks — which left his subordinates feeling ostracized and remoted and undermined the credibility of the police service — should be denounced, Kamins stated.
“Confronted along with his failings as a supervisor, and taking no motion when others expressed concern in regards to the banter, he blamed others,” Kamins wrote.
“I don’t consider, primarily based on my findings above, that Sgt. Smith is match to oversee.”
The three incidents of misconduct occurred between August 2021 and July 2022, whereas Smith served as sergeant on the EPS Eastwood station.
In the course of the first incident, Smith advised a constable that the person couldn’t work with Smith’s crew as a result of one other member of the squad was homosexual. Smith made degrading feedback to his subordinate, suggesting the 2 homosexual officers would interact in sexual actions in a patrol automobile.
Smith was additionally sanctioned for an incident in June 2022 when he steered that two different constables working collectively may interact in intercourse collectively whereas on the job.
“Smith advised the officer, Const. C.D., that he didn’t suppose it was a good suggestion for him to work with Const. E.F., however agreed ‘so long as Const. C.D. might promise there wouldn’t be any hanky-panky within the automobile.'”
The listening to heard {that a} third incident occurred a couple of days later, when Smith singled out three homosexual males on his squad throughout a pre-shift assembly referred to as a parade.
Smith walked in and pointed to the other aspect of the desk from the place the homosexual members had been sitting and stated, “I suppose that is the straight aspect of the desk.”
Smith then advised the three homosexual members — within the presence of your entire squad — that it was not daily there have been three “enlightened” individuals on parade. He urged the lads to inform their colleagues “a narrative,” the listening to heard.
“Frankly, the feedback draw to thoughts one obtrusive query,” Kamins wrote. “What was he considering making such completely inappropriate feedback?
“To my thoughts, he was not considering which, if potential, makes the feedback much more critical, significantly when made by a supervisor to a subordinate.”
‘Deliberately evasive’
Smith initially denied that the primary incident ever occurred. He offered location monitoring knowledge from his cellphone in an try and show that he was not on the station on the time.
The listening to decided that his claims had been unfaithful and that Smith had tried to mislead the investigation. Kamins stated Smith’s tried deception throughout the proceedings made his misconduct extra egregious.
“Smith’s proof on cross-examination demonstrated that he was both making an attempt to be ‘cute,’ deliberately evasive in his responses or just obtuse. None bode effectively for somebody hoping to maintain his rank.
“[He] compounded his omission by forcefully asserting on a number of events that he was not, couldn’t, have been at Eastwood station throughout the famous occasions.”
Throughout his testimony, Smith stated his feedback had been his efforts to be “jovial” and stated his remarks had been “well-timed humour” made in response to the sort of banter the constables usually engaged in.
Kamins was not satisfied.
Smith failed in permitting the “banter” to proceed and neglecting to appropriate his behaviour, Kamins discovered.
His efforts to switch blame onto the lads he harassed “bordered on sufferer blaming” and his “wilful misdirection” in giving his proof speaks to a person unfit to steer, Kamins wrote.
A query of character
On the time of the misconduct, Smith had greater than 22 years of service with the Edmonton Police Service, the final six as a sergeant. That was characterised as an aggravating issue.
Kamins stated that as an individual of color who had beforehand made a harassment grievance for abuse he had suffered on the job, Smith ought to have recognized higher.
Kamins was not swayed by letters of suggestions commending Smith for his service and dedication to inclusion in policing.
Smith’s EPS profession has included work with the range unit and the hate crimes unit. He was acknowledged in 2011 with a municipal Pleasure Award.
“How might the sergeant not perceive that his feedback had been unsuitable and extremely inappropriate for the office significantly when coming from an individual of color, somebody in a supervisory place and a ‘good friend’ of the LGBTQ+ group?” Kamins wrote.
“He demonstrated a exceptional lack of understanding of his duties and obligations as a supervisor.”
Smith will stay ineligible for a promotion for at the very least two years. He is not going to be allowed to maneuver up the ranks till development is really helpful by his supervisor and the chief of police.
He should additionally endure harassment consciousness coaching and full any programs decided to crucial by EPS.
“The sergeant I noticed … starkly differs from the accounts submitted,” Kamins wrote.
“Whereas I acknowledge the numerous contributions made by Sgt. Smith and the examples of his good character, I’m additionally left with a vivid image of an insensitive supervisor, decided to keep away from duty and accountability.”
Edmonton Police Service officers declined to remark, citing the continued enchantment interval for the sanction.
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