A Chatham-Kent police officer, who previously pleaded guilty to seven counts of discreditable misconduct under the Police Services Act, is being fired.
A Chatham-Kent police officer who pleaded guilty to seven counts of discreditable misconduct under the Police Services Act is being fired.
Hearing officer Greg Walton ordered that Const. Andrew Jaconelli was dismissed in seven days unless he resigns before that deadline as he concluded his 81-page decision during Friday’s disciplinary hearing at Chatham-Kent police headquarters.
The seven discreditable conduct charges stem from incidents at the home of a co-worker’s Christmas party in November 2017.
According to an agreed statement of facts, a female co-worker was sexually assaulted when an intoxicated Jaconelli grabbed her buttocks.
Jaconelli also held a dart to the neck of a female civilian employee during the same party and later threw another dart at a fellow officer.
Walton said he found Jaconelli’s dismissal was warranted due to the seriousness of the officer’s misconduct.
“Const. Jaconelli demonstrated an utter lack of integrity, professionalism and common decency, attributes which are integral to the character of a police officer,” he said.
Walton added he also found a “reasonable person in the community would be offended” if Jaconelli remained employed with the local police department.
“Having Const. Jaconelli maintain employment would further damage the reputation of the Chatham-Kent police service beyond repair.”
Walton said Jaconelli did not convince him there was any more than a “slight possibility” of rehabilitation, noting the officer “purposely suppressed” significant information relating to his personal life from his doctor.
During the Oct 27, 2022, sentencing submissions, Jaconelli disclosed for the first time he had a relapse with alcohol about a year before the party. During previous testimony, it was also revealed the officer didn’t tell his doctor, who had been seeing weekly, that he was facing charges.
“This intent to deceive the people in place to assist him in his recovery is another demonstration of his lack of integrity and honesty that causes me to question his trustworthiness and consequently his ability to rehabilitate,” Walton said.
Before these Police Services Act charges were heard, Jaconelli was arrested on Dec. 14, 2018, and criminally charged with sexual assault and assault with a weapon. He pleaded guilty to one count of sexual assault in court on Nov. 23, 2020, and received a conditional discharge and six months of probation. The assault with a weapon charge was withdrawn.
Jaconelli was also found not guilty of two other charges of discreditable conduct resulting from allegations of sexual assault involving a fellow officer in October 2018.
The officer has been suspended with pay since mid-December 2018. Police chiefs in Ontario are not permitted to suspend officers without pay until after they are convicted.
Chatham-Kent police Chief Gary Conn said an “unfortunate set of circumstances has led us here,” including both criminal and Police Services Act hearings for the officer.
“That being said, I am in total agreement with the hearing officer’s decision in respect to the termination of this officer as the most appropriate penalty,” Conn said.
The chief said the purpose of the discipline is three-fold.
It goes to correcting any misconduct while sending send a strong message of deterrence to the rank and file that this type of conduct will not be tolerated, the chief said.
But most importantly, Conn added, the consequences for offending officers “reassures the public that we hold our people to a high standard and that they will be held accountable for their actions.”
He said this intent reflects the basic principles of policing: professionalism, public trust, community confidence, transparency and accountability.
“We expect our officers to be held to a higher standard, and the decision rendered here today hopefully will also bring some closure to the issue while further ensuring to maintain and restore the public trust and police legitimacy,” the chief said.
Conn said Jaconelli has two options – resign within seven days or appeal the decision to the Ontario Civilian Police Commission.
For now, the officer is still shown on the police department’s books but, in seven days, the employer can officially sever ties with the employee, the chief said.