Heather Wright/The Independent

Sarnia’s suspended police chief wants an arbitrator to decide if he should return to work. And he wants the Police Services Board to express its “unqualified confidence” in him “as necessary to restore his authority.”

May 5, Derek Davis was suspended after a workplace harassment investigation what the Police Services Board Chair said were “numerous complaints” was launched. He’s still off the job and says in a court brief filed Aug. 10 that he’s yet to be notified about what the complaints are.

Davis’s notice to the courts includes his contract extension approved by the board in February. It says Davis will continue to be paid his $270,000 salary, benefits and continue to use his taxpayer-funded vehicle, cell phone and computer equipment even when suspended.

It also notes the board knew about his tech company – Norigen Management Consulting – and “approves this secondary employment/financial interest.”

There were conditions including the company couldn’t do business with the Sarnia Police without board approval, that Davis couldn’t be in a conflict as the chief and that he was to male no reference to being connected to Sarnia Police Services.

The contract also includes a clause for contract arbitration should Davis and the board have a disagreement.

The Notice of Application for an arbitrator filed by Davis sheds some light on what has been going on behind the scenes as the workplace harassment and now a criminal investigation continue.

Davis alleges the chair of the board, Kelly Ash, was calling Norgien clients telling them he was suspended.

“Ash advised these clients and prospective clients that Chief Davis had engaged in improper and unauthorized conduct, which Ash knew to be false, or which she would have known to be false but for her reckless failure to
ask for and investigate particulars of the Police Associations “general” allegation.”

Davis alleges Ash sent an email in July demanding the chief return his vehicle. The brief added Ash had earlier demanded his cell phone when he was originally suspended, which, Davis contends is against his contract.

The court documents also state Davis voiced his concern about an April 30 session with uniformed officers which
led to the suspension before it occurred. He raised with Ash two former investigations had looked into “toxic” gossip in the department – one as recently as January.

The meeting went ahead and Davis’ court brief alleges the three-hour session included “ full- throated attacks on the
integrity and abilities” of Davis and a civilian manager despite Ash telling him the session would not be “Chief bashing.”

When he was suspended in May, Davis alleges he was told he was being suspended because of concern he was furthering his company through the department.

He charges the board also filed a complaint with the Law Enforcement Complaints Agency even though boards cannot file complaints.

As for the civil suit filed by Davis against the owner of The Sarnia Journal – which was dropped when the board refused to pay legal fees – the notice says the “series of scandalous and unhinged articles” about the Chief “were harmful to the service.”

The board, court documents say, agreed to pay the legal fees to pursue a defamation action “at the board’s expense”
with Ash writing in an email the defamation suit was “to protect the professional integrity of the Sarnia Police Service” and Davis.

Davis’ lawyers say the board ignored the initial notice and, on Aug. 10, sent another notice to be in court August 20 to talk about the contract issues.

The parties return to court Sept. 24.