Calgary Herald

Edmonton constable’s dismissal reversed

- GEMMA KARSTENS-SMITH

An Edmonton police officer and former Canadian Forces sniper who lost his job for several disciplina­ry offences, including urinating on another officer, should be allowed to go back to work, says the Law Enforcemen­t Review Board.

Const. Robert Furlong was dismissed from the Edmonton Police Services on April 26 after pleading guilty in a disciplina­ry hearing to discredita­ble conduct.

A Dec. 4 decision by the Law Enforcemen­t Review Board reversed that dismissal and instead demoted Furlong in rank for the equivalent of two years of seniority.

“The board does not wish to minimize the serious nature of (Furlong’s) conduct, but neverthele­ss it cannot be said that his behaviours ever posed a danger to the public,” reads the decision, signed by acting board chairwoman Charlene Kilburn.

Tony Simioni, president of the Edmonton Police Associatio­n, said the Board’s decision justified and vindicated the Associatio­n’s position that the dismissal went too far.

“We think that the LERB got it completely correct,” Simioni said.

The Edmonton Police Service, however, said in a statement that they are disappoint­ed in the decision.

“The EPS sought dismissal as the penalty for Cst. Furlong’s misconduct­s. The EPS respectful­ly disagrees, and is seeking leave to appeal the LERB’s decision.”

In the decision, Kilburn said Furlong realized “within minutes” that he had gone too far when he was belligeren­t and urinated on an officer.

“Given this acknowledg­ment,” Kilburn wrote, “the Board questions how it can be concluded that (Furlong) was so lacking in character that he was unfit to continue as a police officer with the EPS?”

Kilburn said the presiding officer at the original disciplina­ry hearing had no evidence to suggest “that (Furlong’s) character was so flawed that he was not fit to continue as a police officer, notwithsta­nding that he had seven years of service with no complaints from the public.”

The charges stem from an out-of-town training exercise on riot control in September 2011. After a day of training, Furlong and several other officers went out to socialize and drink in Red Deer, then returned to the bunks at 2:30 a.m. to “set about rousting those sleeping and cajoling them to join with other officers for a drink,” according to the Law Enforcemen­t Review Board decision.

One officer refused to get up, since he had gone to bed earlier in preparatio­n for an early morning. When he swore at Furlong to go away, Furlong swore and threatened to urinate on him. When the officer turned his back, Furlong “un- zipped his fly and urinated” on the officer’s sleeping bag. When the officer leaped up to push Furlong back, some of the urine splashed up onto the officer’s leg.

Furlong later berated the officer, saying “he was not a team player and he had performed poorly at the G-20” when the two had previously worked together in Toronto.

When the officers returned to Edmonton, Furlong was suspended, and eventually dismissed.

Furlong appealed the dismissal decision to the Law Enforcemen­t Review Board, saying the decision was unreasonab­ly harsh.

His lawyer argued Furlong had sought help from the employee assistance program for alcohol addiction and had successful­ly completed a rehabilita­tion program.

Furlong “recognized his behaviour was unacceptab­le and recognized that he had a problem with alcohol and took steps to address that,” reads the summary of the arguments made during the original disciplina­ry hearing. “Although disgusting and unacceptab­le, (Furlong’s) behaviour did not injure, either physically or psychologi­cally, the complainan­t. (Furlong) had been an outstandin­g officer for seven years.”

There was no premeditat­ion on Furlong’s part, his lawyer argued. In a previous discipline case, Edmonton Police Services suspended an officer for 100 hours without pay and gave him a reprimand instead of firing him.

The complainin­g officer’s lawyer disagreed, noting Furlong was in a supervisor­y role over the complainan­t and deliberate­ly found the officer in a separate dorm room the night of the incident. Furlong “intended to inflict permanent reputation­al damage” upon the officer among his peers, the lawyer argued.

Kilburn said the incident happened over a short 15-minute period and exhibited behaviour at least tolerated, if not encouraged, by supervisor­s to build camaraderi­e.

“Pranks and horseplay were part to the culture,” reads the decision, before describing another incident in which a group of officers dropped ice down the pants of another officer who had passed out from drinking, then drew obscene and offensive images on his body before taking photos.

Criminal defence lawyer Tom Engel said he thinks that incident is the reason Furlong’s original disciplina­ry hearing was held in-camera, meaning the public could not attend.

“You take a look at it: all these supervisor­s involved, renting a van so they can take these guys out to get hammered, and all this stuff,” he said. “I think the police service is trying to protect their own reputation, not Furlong’s.”

Closing the doors to a disciplina­ry hearing goes against its purpose, Engel said.

“An overriding principle in the discipline of police officers is transparen­cy and the public interest,” he said. “To me, it’s antithetic­al to that principal to have a closed hearing in this case. It just doesn’t make sense.”

An Edmonton Police Service spokesman said Furlong is still an employee while the matter is being resolved.

Simioni said Furlong is suspended without pay, which the Police Associatio­n considers unfair following the Board’s decision.

“This changes everything,” Simioni said.

Furlong was once a sniper with Princess Patricia’s Canadian Light Infantry.

 ?? For the Calgary Herald ?? Edmonton police officer Rob Furlong
For the Calgary Herald Edmonton police officer Rob Furlong

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