Lawyer of alleged victim of KV officer hints at lawsuit against police board, towns

The lawyer for the alleged victim of sexual harassmentby a Kennebecasis Regional Police Force officer is calling on the police board and Rothesay and Quispamsis councils to addressthe wrongs suffered by his client.

Otherwise, Brian Murphy hintedat a lawsuitin the Insp. Jeff Porter case.

"There's opportunity here for the employer to do the right thing. That's what we're hoping for," he said.

His client a female civilian employee who Porter supervisedwould "prefer not to litigate this matter. But those are options that are available."

Murphy was reacting to news thatPorterplans to retireat the end of the year.

After being suspended with pay for more than four years, collecting more than $500,000, Porter gets to "walk away" before facing his arbitration hearing in front of the New Brunswick Police Commission Dec. 31 and any possible disciplinary action, he said.

Once an officer retires or resigns, they are no longer considered a police officer under the Police Act and the provincial policing oversight body has no authority to discipline them.

Porter, a 31-year veteran of the force, is expected to receive a full pension and an additional six months pay, according to Murphy.

"It's outrageous," he said, and a "slap in the face" to his client, whomhe describes as a "bright, and talented young woman."

When she accused Porter ofsexually inappropriate behaviour in 2016,she was suspended for a week, said Murphy.

An independent investigator hired by the New Brunswick Police Commission later found Portercommitted 81 breachesof various sections of the provincial Police Act, including sexual harassment, abuse of authority, corrupt practice and discreditable conduct.

Porter also committed five violations of internal policies, including workplace harassment, according to the investigator's report obtained by CBC News.

Porter was subsequently accused ofthree more offences related to alleged retaliationagainst the complainant.

An independent investigator hired by the commission found heviolatedthree sections of the professional code of conduct, includingabuse of authority by harassment/intimidation, discreditable conduct while off duty, and insubordination.

None of the allegations have been proven and Porter has maintained they are false.

'Travesty for her'

"Now, as the investigation and adjudication of his actions was finally coming to a head, when the consequences of his activities would at last be adjudged, he has been given the option of retiring with a six-months' paid retirement bonus rather than face [possible] discipline," said Murphy.

"Porter gets to walk away with $500,000 pay for no work, the lawyers about the same, the [Kennebecasis Regional Joint Board of Police Commissioners]and the constituent councils get to ignore harassment and sexism for over four years, and sweep it under the rug in the end."

Meanwhile, Murphy says his client lost money during a leave she had to take to deal with the psychological impacts of the alleged harassment, suffered damages from anxiety, depression, and lack of sleep, and her career has been "forever marred."

"There's all kinds of ways to look at how this has been egregious and terrible for her and not so bad for Mr. Porter," he said.

"It's been a travesty to her. It's been very difficult to continue on working at a place she loves to work, in a job she loves."

Former police chief Steve Palmer saidhe's frustrated to hear police board members and local politicians talk about wanting to put the Porter matter "behind them."

He says it's disrespectful to the alleged victim, and the female officer she initially confided in,Const. Kelley McIntyre, who was investigated after being accused by then-chief Stephen McIntyre [of no relation]of "workplace harassment" for allegedly "poisoning the work environment" of Porter.

"It's not that simple for them to move on," said Palmer, who took over as chief when McIntyre retired in the wake of a scathing report. Palmerretired himself in March 2018 when he turned 60.

"Unfortunately, they will be dealing with the damage caused for many years to come while those responsible have not been made accountable," he said.

Given how thesituation has been handled, Palmer said it'seasy to understand why victims are reluctant to come forward.

"Besides a serious lack of support the only thing the [alleged victim and female officer]have received is four years of stress, frustration and humiliation."