That rank is a privilege, not a right!” Is Superintendent Stacy Clarke’s reputation forever tarnished?

BY PAUL JUNOR

There has been media attention focused on the role that Superintendent Stacy Clarke played in the police cheating scandal that has tarnished her previous unblemished 26-year career. On Wednesday, August 28^th, 2024, tribunal adjudicator Robin McElary-Downer handed down the penalty. Superintendent Clarke will be demoted one rank to inspector for two years after which she can apply for her previous rank.

There is no doubt that Stacy Clarke rose prominently up the ranks of the TPS during her 25-year tenure. She played a crucial role in the Community Engagement Review project. She held the No.2 position at 14 Division before she was promoted in 2021 to superintendent after 23 years of service.

The fact that Scott Hutchison, prosecutor lawyer requested that Superintendent Clarke be demoted two ranks to staff sergeant for twelve months and subsequently to inspector for a one-year period then resumption of her superintendent position was not a good option. Clarke’s lawyer, Joseph Markson however requested a milder disciplinary sentence.

The ruling by retired South Simcoe police chief, Robin McElary-Downer focused on the damage that her actions caused “irreparable damage” to the Toronto Police Service and the “unwanted publicity” that resulted from the case. She notes that Clarke genuinely deserved her superintendent position, nevertheless, “That rank is a privilege, not a right.” Furthermore, her actions amounted to “An abuse of position, and an abuse of power,” which does not make it automatic that she be immediately reinstated after her demotion.

Robin McElary-Downer notes further, “The gravity of misconduct was far reaching. Six junior ranking officers now have stained employment records. Over a nine-day period, she undermined the integrity of the promotional process in a cheating scheme. She violated the trust of her colleagues, and she caused significant reputational damage to the service.” The consequences to the officers involved five of them being disciplined with unit-level, losing thousands of dollars in income and one being demoted for professional misconduct.

In her 71-page ruling, McElary-Downer did not address the issue of anti-Black racism and noted that it was “Complex and challenging.” In addition, she mentioned the reality of the “Purportedly unfair promotional process for Black officers.” She adds, “As a mentor, as a senior ranking officer, it was her duty, her moral and ethical obligation to lead by example and demonstrate honesty above reproach. Rather, she led by modelling corrupt behavior and unfortunately, they followed.”

Audrey Campbell, who served as president of the Jamaican Canadian Association (JCA) states, “You can talk about fairness of systems. You can talk about the rules. No substantive change has ever been accomplished by following the rules that the system made. One man’s criminal is another man’s freedom fighter.”

Herman Stewart, another former JCA President, expressed concerns that having Clarke reapply for her previous position jeopardizes her chance of ever getting it again. He states, “She will never get it if she were to reapply.”

The Toronto Star released a statement from Chief Myron Demkiw in response to the ruling. It notes, “We are committed in partnership with the Toronto Police Service Board, to meaningful change and continuous improvement to create a respectful, safe and inclusive workplace.”

Jon Reid, President of the Toronto Police Association also released a statement in which he expressed concerns that senior-ranking cops could be treated favourably compared to lower ones and “The need for more accountability among senior officers.” He notes further, “Their actual and observed experiences indicate that expectations and rules for senior officers are not consistently enforced. As we move forward, we must continue to engage in transparent dialogue and take steps to ensure that accountability and fairness are not concepts but practiced realities within the service.”