'Not a friendly person': appeal court upholds Edmonton police officer's firing over harassment, lying

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A former Edmonton police employee who was the victim of an officer’s workplace harassment campaign is relieved after Alberta’s highest court upheld the former constable’s firing.

In a decision released Monday, the Alberta Court of Appeal dismissed an appeal from Fiona Moffat, a ex-Edmonton Police Service constable who was fired following an investigation into bullying and harassment in the department’s emergency communications unit.

Romaine Fleck-Brezinski filed a complaint against Moffat in January 2015, alleging Moffat was persistently rude, refused to be in the same room with her, and used derogatory words about her when speaking with co-workers.

“It completely (undermines) your confidence and it completely (undermines) everything you do,” Fleck-Brezinski said of the experience Tuesday. “Because suddenly what you thought was a decent workplace — one that you looked forward to — now became something where every day when you reported for work, you didn’t know what was going to happen.”

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“You always think harassment … is kids on a playground,” she added. “I never would have thought that I’d have been a victim of bullying and harassment — and such vile behaviour on her part — as a grown woman.”

Fleck-Brezinski spent nine years in Squad B of the EPS Communications Branch, answering 911 calls and passing them to dispatchers. A total of 24 people worked in the office, including civilians and sworn officers.

Moffat joined Squad B in 2013, and eventually found herself in conflict with Fleck-Brezinski. The appeal court said Moffat’s behaviour included “the use of derogatory or obscene epithets, rude or curt responses, and ignoring Ms. (Fleck-Brezinski) altogether — negative behaviour that spread to other officers who worked in the area.”

Romaine Fleck-Brezinski, a former civilian 911 operator with the Edmonton Police Service, filed a complaint against former constable Fiona Moffat in 2015, alleging Moffat bullied and harassed her. Moffat’s firing was upheld by the Alberta Court of Appeal on May 17, 2021.
Romaine Fleck-Brezinski, a former civilian 911 operator with the Edmonton Police Service, filed a complaint against former constable Fiona Moffat in 2015, alleging Moffat bullied and harassed her. Moffat’s firing was upheld by the Alberta Court of Appeal on May 17, 2021. Photo by Supplied

There were other conflicts, including over a set of interior window blinds, and a home-cooked breakfast Fleck-Brezinski helped prepare, which Moffat and her allies declined in favour of McDonald’s takeout.

Moffat spent 21 years as an EPS officer. During her disciplinary hearing she described herself as “not a friendly person.” She said she decided to “cut” Fleck-Brezinski out of her life after hearing rumours Fleck-Brezinski was spreading gossip about her. She eventually admitted to calling Fleck-Brezinski “b—h” and “c–t” around coworkers.

Moffat was initially charged with discreditable conduct and insubordination under the Police Act. She later faced 11 charged of deceit after allegedly lying on a questionnaire from the police Professional Standards Branch.

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Moffat repeatedly answered “no” to questions about her relationship with Fleck-Brezinski, including whether she felt any animosity toward her or encouraged co-workers not to speak to her.

Moffat pleaded guilty to discreditable conduct and two counts of deceit but took the remainder to a hearing. Fred Kamins, a retired RCMP officer who presided over the hearing, convicted her of four additional charges, including insubordination and three of the remaining deceit counts.

Kamins summarized Moffat’s actions as “over nine months of avoidance, inappropriate gestures, ignoring, inappropriate conversations with co-workers, poor behaviour, vulgar language … and a possible threat of violence,” ruling on Nov. 28, 2018, that Moffat could not continue to serve as a police officer. He said that while Moffat’s guilty pleas provided some evidence of remorse, they came in the face of computer evidence that “left the misconduct obvious and apparent.”

Moffat appealed Kamins’ decision to the Law Enforcement Review Board and later the Court of Appeal.

Her lawyer, Patrick Nugent, argued Kamins’ decision seemed to create a rule that deceit is “career-ending” unless an officer takes responsibility, and cited more serious cases of deceit in which officers were able to keep their jobs (Nugent did not respond to a request for comment.)

The Court of Appeal, however, found no legal errors that could overturn Kamins’ decision.

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A 2014 file photo of the 911 centre at Edmonton Police Service headquarters.
A 2014 file photo of the 911 centre at Edmonton Police Service headquarters. Photo by Perry Mah /Perry Mah/Edmonton Sun/QMI Agenc

“The decisions of the presiding officer and the LERB in this case show that both were astute in assessing a just penalty, measured by and appropriate for the proven charges in Const. Moffat’s individual circumstances,” the three-judge panel wrote.

Fleck-Brezinski (who was previously related by marriage to Deputy Chief Kevin Brezinski, who she stressed had no involvement in her complaint) left EPS in 2016.

She said that while the result of her complaint is gratifying, she is not sure if she would put herself through the process again. She said it had significant impacts on her work, her relationships and her mental health.

“I lost so much, but in turn, I also gained a lot,” she said. “I gained a lot of pride knowing that I did the right thing. That’s all I take away from this.”

jwakefield@postmedia.com

twitter.com/jonnywakefield

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