Saint John police union accuses mayor of violating Police Act

The Saint John Police Association has accused Mayor Don Darling of violating the provincial Police Act and is calling on the minister of public safety to intervene.

The union alleges Darling has undermined Chief John Bates's legislative authority to manage and direct the police force, which it contends prompted the chief's surprise retirement.

It also alleges the mayor is "running" the Saint John Board of Police Commissioners, rendering it "dysfunctional."

"The reason 'commission' was put into the legislation is to ensure policing was kept an arm's length from the political agendas and baggage of councils," the association's first vice-president Dean Secord said during a news conference on Monday.

The role of council, said Secord, is to ensure the funding necessary to provide and maintain adequate policing.

But Darling is "attempting to treat the police force as a city department under his dictate," he said.

Darling could not immediately be reached for comment on Monday. He, as mayor, is a member of the commission.

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Department of Public Safety officials will meet with the association to discuss the matter.

"Chief Bates's decision to retire is not on its face a matter for the Department of Justice and Public Safety," said spokesperson Robert Duguay said.

"The New Brunswick Police Association has asked to meet, however, and so we'll meet and hear what they have to say."

He declined to say whether a date has been set.

Bates, who served his retirement notice Friday, after only two years at the helm, declined to comment on his reasons.

"I do not intend to publicly discuss why I've decided to retire," he said in an email to CBC News.

His decision to step down effective April 15 comes on the heels of council's decision to cut the police budget by $1.25 million next year.

Bates had advised council that slashing that amount could force management to "start looking at cannibalizing" some of the specialized units. The union has said the street crime, traffic and community response units will be eliminated.

Overall the municipality's $152 million budget for next year is $1.4 million lower than the current year. Darling has said the city is more than $205 million in debt and can't ignore its financial situation.

"We have to cut $5 million a year for the next three years to even survive," the mayor has said. "Let's make sure we're on a sustainable path or we'll implode this city."

While there is much speculation the chief is leaving because of the budget, the union contends it's only one factor.

"No chief that is highly qualified, as Chief Bates is, is going to work in a political interference environment that has been created by Mayor Darling," Secord said.

"The mayor obviously wants a puppet chief that he can control and have ignore the Police Act."

Commission chair Jennifer Carhart rejected the notion the board is operating under the direction of the mayor.

"As the chair, I can tell you I certainly don't experience that," she said.

"Certainly we all come to the table with strong opinions and views, which is what makes us such a comprehensive and professional board because everybody has a lens they're looking through and I think it would be inappropriate and unfair to suggest he's controlling us.

"He comes with his mayor's hat lens and provides that insight, as each of us comes with our own professional experiences and lenses to the table and engage in good healthy dialogue. But 'controlling' would be the farthest word from my mind."

Commissioner resigned

 Carhart does not see the commission as dysfunctional either.

"I see us as highly functional and extremely professional with wide talent and expertise sitting around the table."

Carhart confirmed commissioner William (Bill) Thompson resigned on Dec. 8, nearly two years ahead of schedule, but did not share his reasons.

Thompson was appointed by council on Oct. 31, 2016, for a three-year term.

This is indeed the lowest point of morale in the 169-year history of the Saint John Police Force.- Dean Secord, police union

He has been replaced by Jeff McAloon, who is scheduled to serve until Dec. 11, 2019.

The commission will hold a special private meeting Thursday at 7 a.m. to discuss plans to replace the chief, said Carhart.

The union contends the commission will be hard-pressed to find a replacement.

"This is indeed the lowest point of morale in the 169-year history of the Saint John Police Force," said Secord, who is also the president of the New Brunswick Police Association.

Bates said he is committed to "supporting the force and making its transition to new leadership as seamless as possible.

"I have a tremendous amount of respect and admiration for the members of the Saint John Police Force and I am grateful for time I was afforded the privilege to lead them," his statement said.

Bates said it's too early to say whether he will continue to live in Saint John following his retirement.