THUNDER BAY - The former chief of Thunder Bay police testified that he has briefed the police services board chairs and city managers in the past on confidential or sensitive matters.
Retired Thunder Bay Police chief, Bob Herman, testified on the sixth day of the trial against Thunder Bay police chief J.P. Levesque for charges of obstruction of justice and breach of trust.
Last week, it was revealed that Levesque informed Thunder Bay mayor, Keith Hobbs, that he was the subject of an extortion investigation by the RCMP. He also informed Thunder Bay Police Service Board chair, Jackie Dojack, and Thunder Bay city manager, Norm Gale, that he spoke with Hobbs about the investigation.
During his testimony, Herman said he has informed the chair of the Police Services Board regarding sensitive or confidential matters.
“The board has a right to know about operational issues that affect the community,” Herman said. “I wouldn’t want them to be blindsided.”
According to Herman, the relationship between the board and the chief of police is supposed to be a partnership and there can be a blurring of the lines between operations and governance. All board members also swear an oath to keep sensitive issues confidential, he said, for example, matters discussed during in-camera sessions.
Herman also said he has informed past city managers about sensitive or confidential matters because of the city managers role in the community. He used the example of a past city councillor being the subject of an investigation, during which Herman informed the city manager at the time.
Defence attorney, Brian Gover, then turned his line of questioning toward Thunder Bay Police policies, particularly policies relating to the management of information and the freedom of information, which he said are at the centre of this trial.
Herman agreed that the policies serve as orders for the chief of police and it is at the discretion of the chief to deviate from those policies if a situation requires it.
“As chief of police, your discretion is a lot higher,” Herman said. “You can’t be rigid about things. You have to be flexible depending on the circumstances.”
Herman added that he has deviated from police policies based on his own discretion in the past, but agree during cross-examination by counsel for the prosecution, Jason Nicol, that it was the exception to the rule.
“I can see how optically it wouldn’t look the best but that’s business,” Herman said, regarding how other members of the rank in file of the police service may see it.
Turning to the relationship between Levesque and Hobbs, Herman said the chief and the mayor are required to have a professional relationship but he was not aware of a personal relationship between the two.
Before his retirement from chief in 2011, Hobbs and Herman became involved in legal action after Hobbs accused Herman of criminality when investigating a member of the Thunder Bay Police Service. Herman filed suit against Hobbs for slander and the mayor made a public apology.
During his testimony, Herman said he was aware Hobbs could be unpredictable, volatile, and difficult. He also said during Hobbs time as a member of the police services board, he would be in contact with members of the police service regarding specific investigations because Hobbs would ask him questions about them with information that he could only have obtained from someone in the service.
Herman testified that he believed Levesque was attempting to manage the situation when he informed Hobbs of the investigation by the RCMP.
“He made a decision he felt was best,” Herman said.
Herman added that Levesque has a strong reputation in the policing community and the community at large when it comes to honesty and integrity.
“His moral compass is set right,” Herman said.
The defence team has already begun closing submissions, with the prosecution expected to begin its closing argument this afternoon.
