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Decision #: 10-02
Decision Date: March 23, 2010
Classifications: DISCIPLINARY DECISION
Name: SERGEANT RAY WIGGERS AND DURHAM REGIONAL POLICE SERVICE
Police Service: DURHAM REGIONAL POLICE SERVICE
Panel Member: MURRAY CHITRA - CHAIR, GARTH S. GOODHEW - MEMBER
Summary:
This is a motion brought on behalf of the Appellant,Sergeant Wiggers, for an order pursuant to section 25 (1)(b)
of the Statutory Powers Procedure Act R.S.O. 1990, c. S.22, as amended (“SPPA”).

The Respondent Durham Regional Police Service (the “Service”) consents to the order requested. The parties filed
joint materials on this motion. The effect of the order sought would be to lift the automatic stay of the penalty of demotion from sergeant to first-class constable for the period of one year imposed by Staff Inspector Brian Fazackerley (the “Hearing Officer”) on April 30, 2009, pending the outcome of Sergeant Wiggers’ appeal.

The Appellant does not request a similar order with respect to the balance of the penalty (i.e. several conditions applying beyond the period of demotion), which remains the
subject of this appeal.

We considered this motion in writing on January 25, 2010. That same day, we advised parties that the motion had been granted, with reasons to follow. These are those reasons.
Download document: OCPC #10-02 Wiggers Preliminary Motion Durham.pdf
 
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