City police officer fired in 2018 appeals case to province's top court

A former Edmonton police officer who harassed a civilian co-worker and then lied to investigators is making another bid to save her job.

On Tuesday, the Alberta Court of Appeal heard arguments in the case of Fiona Moffat, an ex-edmonton Police Service constable fired in November 2018 after a disciplinary hearing found her guilty of misconduct under the Police Act.

The hearing found that in 2014, Moffat engaged in a nine-month campaign of harassment against a civilian co-worker in the emergency communications branch.

She then lied to the police Professional Standards Branch (PSB) when questioned about the allegations.

Tuesday's hearing, heard by a three-judge panel via video conference, dealt largely with technical legal arguments about standards of review in administrative law cases.

Pat Nugent, Moffat's lawyer, argued the case should be sent back to the civilian Law Enforcement Review Board (LERB) for further consideration. The LERB upheld the decision to fire Moffat last December.

Fred Kamins, a retired RCMP superintendent who then-police Chief Rod Knecht appointed to preside over the hearing, called Moffat's treatment of co-worker Romaine Fleck-brezinski “nothing short of scandalous.” He found Moffat contributed to a toxic work environment by shunning Fleck-brezinski, turning others against her, calling her names and making “a possible threat of violence.”

Specific incidents dealt with at the hearing included a dispute over an interior set of window blinds, and a squad breakfast, cooked by Fleck-brezinski, which Moffat's clique forewent in favour of McDonald's takeout.

Nugent said this so- called “breakfast incident” was the “catalytic event” in the initial complaint against Moffat, though Kamins ultimately found there was nothing inappropriate about Moffat's decision not to eat Fleck-brezinski's cooking. Nugent noted the hearing dealt with “hours and hours” of testimony and argument related to the breakfast incident.

In 2016, PSB investigators gave Moffat a questionnaire asking about her feelings toward Fleck-brezinski, including whether Moffat felt “animosity” toward her. Moffat replied “no” to that and several other statements — answers Kamins determined were not true.

Moffat was initially charged with insubordination and discreditable conduct under the Police Act. Eleven charges of deceit were added after the questionnaire. Moffat pleaded guilty to discreditable conduct and two counts of deceit. Kamins found her guilty of insubordination and three other deceit charges.

She had served for 21 years at the time of her firing and had no prior disciplinary record.

The appeal panel will deliver its decision at a later date.