Ottawa police board claims fired CAO was explicitly told he couldn't use a service vehicle

A former Ottawa police civilian executive was explicitly told he couldn't use a take-home vehicle a year and a half before he was fired for continuing to do so, the Ottawa Police Services Board alleges in its statement of defence against that former CAO, who is suing the board for $2.7 million.

Jeff Letourneau was at the top of the Ottawa police administrative and financial ladder, was "afforded a high latitude of discretion" in his work and "abused that position of trust" by misrepresenting the status of his contract, the board alleges.

It asks for the suit to be dismissed and for the board to be reimbursed for the costs of its defence.

Letourneau's February statement of claim in Ontario Superior Court alleges he was offered a new service vehicle "under the authority of former chief Charles Bordeleau" when he was appointed acting director general of the force in March 2019.

He alleges he declined the offer to save the force some money, offered instead to use his predecessor's service vehicle, and started using that vehicle following her retirement.

The police board's March 29 statement of defence doesn't specifically address Letourneau's claim that he was offered a service vehicle in March 2019.

But it does say Letourneau's terms of employment were set by the board, not the chief; and that the chief "was not aware" of those terms, including whether Letourneau could use a service vehicle.

Requests specifically, unequivocally 'rejected,' board says

The board also alleges that when Letourneau's contract to officially take over as chief administrative officer (the same job as director general but with a new title) was being negotiated in or around August 2019, his request to use a service vehicle was "specifically rejected."

Letourneau signed the contract agreeing to a $575 monthly car allowance instead — Letourneau claims he did so only to meet the board's timeline for announcing his hire — and "had no basis to reasonably believe" that the issue would be revisited, that his contract was under review, or that he was permitted to use a service vehicle, the board's defence states.

Letourneau then asked to meet with the acting chair of the board to request amending his contract to permit a take-home vehicle, and at that meeting in October 2019 he was told "unequivocally" that the board would not grant any such request, according to the statement of defence.

The board also alleges Letourneau didn't inform it that he was already using a take-home vehicle and didn't for another year and a half — just prior to his termination in April 2021 — when the board learned he was using one after an anonymous email about it was sent to mayor and council.

Former CAO misrepresented situation, board alleges

The board alleges Letourneau "misled" then-chief Peter Sloly when Letourneau asked him for help with the vehicle issue in December 2019.

Letourneau said he had "not made progress" in the matter and didn't tell Sloly the board had made it "explicitly clear" that he wasn't entitled to a take-home vehicle.

Letourneau "further misrepresented the situation when he informed payroll in or about December 2020 that his contract was under review, and that the $575 vehicle allowance and salary discrepancies would be reconciled at a future date," the statement of defence reads.

The payroll department reported to Letourneau, and therefore had no reason to doubt him.

"Given [Letourneau's] serious misconduct, breach of trust, and deceptive actions, he was properly dismissed from his employment, for cause," the statement of defence reads. "Accordingly, he is not entitled to damages as claimed, or at all."

Letourneau is seeking about $710,000 for the unpaid balance of his five-year contract, including lost benefits and pension, aggravated damages of $500,000 for his termination's impact on his health and reputation, and punitive damages of $1.5 million.

Dirty laundry

Letourneau's lawsuit made a number of eye-popping claims, including that the board's decision to terminate him was at least partially motivated by the friendship between then-police board chair Coun. Diane Deans and a now-retired police inspector, Pat Flanagan, whom Letourneau had sour dealings with.

In a nutshell, Letourneau claims he was asked to manage Flanagan's medical leave and get Flanagan's own service vehicle back prior to his retirement. But conflict ensued, and sometime around February 2021 "Flanagan threatened to 'take [Mr. Letourneau] down'" in a conversation with Supt. Joan McKenna, according to Letourneau's statement of claim.

The claim also insinuates Flanagan sent the anonymous email about Letourneau's use of a service vehicle that resulted in his termination.

The board's statement of defence says it "has no knowledge" about the allegations involving Flanagan and Deans, and doesn't know who sent the anonymous email.

In texts to CBC in March, Flanagan denied the allegation that he threatened Letourneau and the insinuation that he wrote an email about him.

None of the allegations in Letourneau's claim or the board's statement of defence has been tested in court. No future court date has yet been set.