Public funds will not be used to pay for police chief’s lawsuit against news outlet

After saying it would cover legal fees for a civil case filed by Chief Derek Davis, the Sarnia Police Services Board has reversed course. Gerry Dewan explains.

In a reversal of its prior decision, the Sarnia Police Services Board said Wednesday it will not use public funds to pay for legal fees stemming from a civil lawsuit filed by Chief Derek Davis against a Sarnia news outlet.

In April, Sarnia Police Service Chief Derek Davis filed a $1.5-million defamation lawsuit against the Sarnia Journal, an independent news outlet that had been publicly critical of him, and owner Nathan Colquhon.

The police board said previously it would cover his legal costs with public funds, but in a news release issued Wednesday, the police board said public funds would not be used.

The board cites three reasons for their decision following the review of Davis’s employment contract.

These include the lawsuit being a personal matter that does not include the Sarnia Police Service, Davis’s employment contract not covering lawsuits initiated by himself, and finally strict indemnification limits, in which the employment contract stipulates legal indemnification to instances where the chief is named as a defendant for actions taken while in his official capacity.

The board said it would make no further comments regarding the litigation.

“The board remains deeply committed to the responsible stewardship of public funds and maintaining the highest standards of accountability for the Sarnia community,” it said in a statement.

In addition to the personal lawsuit filed by Davis, the chief is also facing additional woes following a May 19 decision to place him on immediate suspension with pay following allegations of workplace harassment.

No information has been released on the nature of the complaint however, with Davis telling CTV News following the decision that it was too early to comment on the investigation and that he didn’t yet know the details of the complaint himself.

The Sarnia Police Services Board said it is also hiring Marshall Workplace Law, an employment law firm based out of Toronto, to complete an independent workplace investigation regarding Davis.

“The Board requests the public’s patience while Marshall Workplace Law conducts its thorough, unbiased, and independent review,” the board said in a statement.

With files from CTV News London’s Bryan Bicknell