MANDEL: No firing for 'superstar' senior officer who cheated

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The irony is that if Supt. Stacy Clarke were anyone else employed by Toronto Police, her bosses would want her fired for a promotions cheating scandal she spearheaded to help Black officers vying for promotion.

But firing isn’t even on the table because the first female Black superintendent in Toronto Police history is a “superstar.”

“In the normal course, a senior officer who over the course of 10 days engages in a cheating scheme and draws in six constables is unfit for further service in the organization,” prosecutor Scott Hutchison said on the last day of her week-long disciplinary hearing.

Her admitted misconduct wasn’t a momentary slip, either, he said.

Clarke admits she was so fed up with anti-Black racism and the failure of good candidates to get ahead that she embarked on a secret campaign that spanned almost two weeks — photographing questions and answers and feeding them to the six officers she was mentoring, running mock interviews over three days despite an order that all panelists should stop meeting with officers applying for sergeant a week ahead of the process starting and then actually being part of the panel that interviewed one of the six without disclosing he was a family friend.

That “deceitful” conduct undermined the integrity of the process and the service and would “normally call for dismissal,” the TPS lawyer said.

“That is not where we end up when we talk about this officer.”

Last fall, Clarke pleaded guilty to seven counts under the Police Service Act after she was caught in the cheating scheme in late 2021. She’s told hearing officer Robin McElary-Downer that she’s sorry she didn’t choose the “right path” to deal with her frustration and desperation after watching years of promises not amount to any change.

But Hutchison reminded the hearing that this wasn’t a public inquiry into anti-Black racism within the force and began his closing submission by reiterating that TPS acknowledges they have a problem and Clarke has been instrumental in its journey toward addressing inequalities.

At issue, he said, is how to penalize a senior police officer who faced with unfairness, violated the ethical and professional standards of her position that require her to do the right thing – even when no one is looking.

“What’s so troubling about all of this is that Supt. Clarke is a superstar,” he said. “She was somebody admired by members of the service and the community. She was somebody who was looked up to. She was an example, particularly for Black officers who sought to move up in the organization and work for the community in the way that she has.

“What is so troubling is that example became one of a cheater.”

Clarke’s lawyer, Joseph Markson, urged the hearing officer to consider the “context” of the racism she’s faced and demote her to inspector for a year to 18 months and then automatically reinstate her to superintendent.

Counsel for the TPS proposed Clarke should be demoted two ranks: to staff sergeant for a year and then to inspector for another year. But Hutchison said she should be required to reapply for the superintendent position she held.

Markson called that penalty “crushing” and it would mean a heavy financial hit for the single mom of two teens who has served TPS for 26 years with distinction. He also warned it would send the wrong message.

The Black community has already signaled that it is watching carefully.

“The community will be extremely disappointed and offended if Superintendent Stacy Clarke receives a disproportionate discipline for her actions,” wrote one observer watching the hearing virtually. 

“It will definitely be seen as a direct result of systemic racism which is deeply entrenched in policing. And it will unequivocally impact the relationship between the police and the Canadian Black community.

McElary-Downer said she expects to have a decision on penalty by mid-summer.

“I apologize in advance Supt. Clarke,” she said. “I know this weighs heavy on you.”

mmandel@postmedia.com

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