A12-The Terrace Standard, Wednesday, August.21, 2002 RCMP officer has resigned after his appeals failed THE RCMP constable found guilty of disgraceful con- duct surrounding a 1999 employment insurance invest- igation has resigned from the force, Jason MacDonald’s Aug. 14 resignation follows an unsuccessful appeal of an original order to resign or be dismissed made by an RCMP adjudication board last ear. , The RCMP commissioner’s office has also agreed with the appeal’s findings. MacDonald was suspended with pay in January 2000 following an internal investigation | into the 1999 employ- ment insurance investigation” ~ During. his original: 2001 hearing, MacDonald admil- ted he had phoned a friend at Greig Ave. Auto Repair on June 10, 1999, telling him to “expect a visit from a friend.” Later thal day, employment insurance investigator Vince Hesleafeld went to the garage with an RCMP of- ficer with the intention of conducting a records search to further an investigation into whether or nol a person was working there at the same time as he was collecting em- ployment insurance. That person, Bil! ! Bobyk, is a friend of MacDonald’s. Heslenfeld later found aut about the phone call and complained: to: the RCMP detachment, sparking an in- veslipation which resulted in MacDonald's suspension and hearing. MacDonald used previous disciplinary decisions re- sulling in more lenient sanctions and character refer- ences to argue that his transgression should not result in his dismissal. Philippe Rabot, who conducted the appeal, disagreed with the argument, “The very nature of the appellant's misconduct makes it unthinkable that he should be permitted to continue as a member of the force, in the absence of a legitimate Petition battle draws criticism THE MATTER of Jason MacDonald’s future as an RCMP officer was more than an internal affair. While the fate of the suspended constable’s future created two camps within the RCMP detachment itself, it also involved letters and pro and con petitions from local residents. Phillippe Rabot, the man who conducted the appeal of the resignation order given MacDonald, said 19 letters from citizens and RCMP officers urging the force’s com- missioner to overturn the order were received. They were accompanied by a petition of more than 400 names from residents containing the same plea. The RCMP opposed the attempt to introduce the let- ters and petition, Rabot said. “However, should the Commissioner decide to admit the new material, the [RCMP’s] counsel would like to beg given the opportunity to introduce another petition, signed by over 600 residents of Terrace, in which they State their agreement with the board’s decision,” Rabot turned down MacDonald’s request to submil the letters and support petition, saying they don’t consti- tute evidence. “The RCMP disciplinary process is not a popularity contest. Members do not get to retain their employment with the organization merely because they are well liked by their colleagues and by members of the community in which they serve,” he wrote. Rabot was also bothered by the very nature of the pe- titions. “Tam particularly disturbed by the practice of gather- ing signatures on petitions in an attempt to influence de- cision-makers in what has been designed as a quasi-judi- cial process,” he continued. when you book your winter sun vacation or cruise with Elan Travel — PLUS - Receive an early booking bonus of up to $520 per couple. These offers apply when booking certain cruisa and haliday companies only, Certain restrictions apply. Call or visit your Elan Travel office... explanation for his actions,” found Rabot. “This form of misconduct amounts to a corrupt prac- lice. It is far more seriaus than an error of judgment he- cause it-establishes that the appellant cannot be trusted lo uphold the law at all limes as well as to support the efforts of his colleagues wilhin the force .....” - Rabot also considered ‘another’ portion of MacDo- nald’s appeal — the role of a second RCMP officer. The original adjudication board heard that Corparal Rod Faith had phoned MacDonald to tell him of Hesten-- feld’s planned visit to the auto repair shop the day it was to accur:-MacDonald-then made his: phone call. : ‘Faith was also suspended and invest{gated but was Teturned to duty with no further action. MacDonald had argued that given Faith’s return to duty, he should be afforded the same opportunity. “There is-no relevance to the fact that Cpl, Faith was not disciplined for his decision to alert the appellant to Mr. Heslenfeld’s plan to search the business records of Greig Avenue Auto,” said Rabot. “The appeal record is unclear as to what purpose Cpl. Faith had.in mind when he decided to provide that infor- mation to the appellant but, in-any event, Cpl. Faith is not the one who communicated with Mr. Babyk.” The RCMP disciplinary system calls for the commis- sioner’s office to review the results of appeals. In this circumstance, the commissioner’s office agreed with the results of the appeal. MacDonald can, if he wishes, file an application ta the Federal Court of Appeal for a judicial review. Neither he nor his lawyer were returning phone calls last week. MacDonald was suspended with pay from Jan. 2000 until his resignation last week. A member of the RCMP since 1996, his time on sus- pension rivalled the time he was on active duty. / Online Check out our alte of call 638-7283 for actvortising Information The Terrace ~“O Is mn TANES ittes ae SPECT Ss oh ‘Welnvite youto pop by. a ae a Anita Russel Jenny Swansan Barber Stylist Anita and Jenny would like to invite you to drop by Shadez. We've got quality t hair products and all the up to date styles. ALELLEREEELERLECEBULREERELCESERECELEELUELUERCERSL ESE CEE EEL EEE EER UER UES EEG USS SHADEZ of Hair Salon 109-47 16 Lazelle Ave. . Phone: 635-0030 rad Tee _ [news and opinion [n B.C. newspapers. B.C. 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