Police union president fined five days’ pay

Source:Toronto Star

By Rosie DiManno
Columnist

Mike McCormack, president of the Toronto Police Association, has been fined five days — or 40 hours — on his conviction of insubordination while a member of the police service.

His defence lawyer says McCormack is no longer a cop and the penalty can’t be extracted. “Mr. McCormack doesn’t work for the services anymore,” said Peter Brauti. “He’s turned in his badge. He’s turned in his gun. He’s paid by the police association.’’

The tribunal prosecutor says McCormack in on secondment to the union and the fine will kick in when — if — he returns to active duty. “You’re a police officer until you resign, retire or die,” said Insp. Scott Gilbert.

McCormack did not attend the sentencing Wednesday morning before Supt. Jane Wilcox, who also presided over last year’s Police Act hearing and found the 23-year veteran guilty of insubordination.

Wilcox accepted Gilbert’s submission that five days was an appropriate forfeiture on the charge, in which he cited similar cases in the past involving other officers. Five days, Wilcox agreed, fit “exactly within the range of penalties” for an officer with a commendable history of service and a high potential of rehabilitation, as well as satisfying the public interest and sending a message of deterrence.

McCormack, who won the union election last October with a narrow margin of 106 votes, told the Star he has no immediate intention of appealing the decision. “It’s an administrative charge, like not completing your paperwork or not wearing black socks with your uniform. I wouldn’t say it’s a blow to my professional reputation.”

He added: “I still believe the tribunal came to the wrong conclusion but I respect the process. I’m glad it’s over with.”

McCormack was charged for running the name of former Star reporter John Duncanson, an award-winning journalist who specialized in covering police corruption, through three law enforcement databases in January 2008.

At his hearing, McCormack testified that Duncanson had called him on his cellphone and requested a meeting. “He (said he) had information for me,” the officer told his hearing, adding that Duncanson told him he was facing impaired driving charges. McCormack claimed he checked the databases “to see if John was wanted or should be in court.”

Duncanson died in January 2009 after a long battle with alcoholism, leaving behind three young children.

Some of the stories Duncanson wrote involved McCormack’s brother, William Jr., who, along with one-time union head Rick McIntosh, had been indicted on corruption charges for allegedly soliciting and accepting bribes from nightclub owners in Toronto’s Entertainment District. Those charges were stayed when Justice Bonnie Croll ruled the two men’s right to a fair trial had been breached by the Crown’s excessive delays in bringing the matter forward.

The father of the McCormack siblings is former Toronto police Chief William McCormack Sr.

At his own hearing, Mike McCormack maintained that he’d checked the databases to see if Duncanson was “wanted or should be in court” before agreeing to meet him. He repeated that rationale Wednesday. “I didn’t want to be meeting John if he was wanted.”

But Wilcox, in finding McCormack guilty of insubordination, said she didn’t believe the claim that he was carrying out police duties when he ran the checks, pointing out McCormack had not consulted the two databases that would have information about outstanding warrants and court dates.

Gilbert alleged the checks were done for personal reasons; Wilcox said, regardless of the reason, she did not believe it was done for police-related cause. “His stated reason . . . is incongruent with common sense, logic and his subsequent actions.”

McCormack was also charged with illegally taping conversations with Duncanson but that charge was dropped earlier.

This was not Mike McCormack’s first Police Act experience. In 2004, he was charged for allegedly helping a friend, Jeffrey Geller — a car salesman with known mob ties — get back his licence to sell cars. He was cleared.

Duncanson’s widow, Kelly Duncanson, was present for Wednesday’s sentencing but took only minimal satisfaction from the outcome.

“When the references were made to previous police officers abusing the database, they were doing it for their own friends or families whereas in this instance Mr. McCormack’s brother was involved in a corruption allegation and McCormack was using the database to keep track of John and his whereabouts. John was living in fear because McCormack would know where to find him.”

John Duncanson, of course, was not alive to participate in the proceedings.

“What would John think?” Kelly mused. “I think there’d be a small degree of satisfaction, knowing that it was recognized that (McCormack) did perform searches outside his jurisdiction.

“But, honestly, John would be worried s---less after this — that they would come get him.’’