A Burnaby Mountie accused of misconduct says he quit the force 10 days ago and doesn't recognize the jurisdiction of the RCMP's conduct board, which was supposed to hear evidence in the case this week.
Const. Alessandro Sponza is accused of five violations of the RCMP's code of conduct, including four allegations he behaved in a manner "likely to discredit the force" and one allegation he failed to "give and carry out lawful orders and direction," according to information posted on the RCMP website.
An RCMP conduct board was scheduled to call witnesses in the case at a public hearing at the Vancouver Sheraton Guildford Hotel in Surrey Monday morning.
At the start of the proceedings, however, Kevin Harrison, who has been appointed to hear the case, said "several developments" since Sept. 27 had led to preliminary issues that needed to be resolved before he could hear any evidence.
He didn't elaborate on what the issues were, but comments from Sponza's lawyer, Brad Kielmann, revealed at least one issue that has clearly thrown a wrench into the proceedings.
"Our view is that at this time the member has resigned," Kielmann told the hearing.
He said Sponza had signed an RCMP "discharge request form" effective Sept. 27.
"The conduct board has no jurisdiction to hear this matter," Kielmann said.
The Burnaby NOW has asked the BC RCMP whether the force has accepted Sponza's resignation but did not get a reply.
During Monday's hearing, however, Kielmann made comments suggesting the force has not accepted it.
Kielmann said it was "well settled law" that it is entirely in the discretion of an employee to resign, and employees don’t need permission from their employers to resign, nor does their resignation have to be accepted to make it effective.
"The right to quit belongs uniquely to the employee," Kielmann said.
Neither Kielmann nor Sponza were in the hearing room in person.
The hearing is scheduled to resume Tuesday at 9 a.m.
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