Officer docked 74 hours of pay for misconduct
Hamilton Police Association says others would not be punished for similar incidents in cells
A Hamilton police sergeant found guilty of professional misconduct for two incidents inside police holding cells four years ago has been sentenced to hours of lost pay.
Sgt. Helena Pereira faces 74 hours of docked pay, a reprimand, and must undergo use-of-force training as penalty for three Police Services Act misconduct charges. The sentence means at least $3,700 in lost wages that she must pay by working during vacation time.
“On the outside, it may appear as if this case is not a big deal, however, these actions displayed by Sgt. Pereira are in direct contrast to the values of this organization,” hearing officer Morris Elbers said Thursday. “It goes against the very heart of the values we instil in our members.”
The charges related to two incidents in Hamilton police cells in 2013. In March of that year, she took charge and pushed a drunk female prisoner in a cell before on active duty. A month earlier, she didn’t immediately disclose a conflict of interest after her arrested cousin was brought in while she was a supervisor.
During the sentencing hearing Thursday, Elbers repeatedly accused Pereira of trying to justify her actions and “having a chip on her shoulder toward the organization.”
“Sgt. Pereira should deal with this issue and until she does, rehabilitation or reform of this officer is unlikely.”
Pereira did not attend the hearing because of an undisclosed medical issue, for which she is on leave.
But outside the hearing, Brad Boyce, of the Hamilton Police Association, said he didn’t agree with Elbers’ conclusion about Pereira’s attitude.
“She will be undoubtedly disappointed but not surprised,” he said of the penalty.
Pereira has previously said she feels unfairly targeted by the police service, in part because of past conflict.
She was once wrongfully arrested by her colleagues after being accused of framing a civilian but was exonerated.
Pereira then filed a human rights complaint arguing systemic discrimination.
The Ontario Human Rights Tribunal put that case on hold for her disciplinary case.
Boyce said he agreed with Pereira that other officers in the same situation would not face such discipline.
“From Helena’s perspective and the perspective of this association, it’s our belief that majority of officers probably wouldn’t be facing these issues.”
Pereira was found guilty in the disciplinary case in 2015, but her penalty hearing was delayed after she accused Elbers of bias for having lunch with the prosecutor, Gary Melanson, and an investigator during the hearing.
Elbers refused her request to recuse himself, and then Pereira appealed for a judicial review, which a judge ultimately dismissed as “premature.”
Boyce said it’s too early to know if they will appeal this decision or take other action now that she’s been sentenced.