BURST
Norm Lipinski, who was ousted earlier this week as chief of the Surrey Police Service, told staff in a farewell letter that while this was “not the way” he hoped to end his time on the force, he was leaving with “immense pride” in what had been accomplished.
“On my first day back from vacation, I was called into a meeting with the police board and informed that my employment was being terminated without cause,” Lipinski wrote in a letter obtained by Postmedia News. “While this is not the way I hoped my time with the Surrey Police Service would come to an end, I leave with immense pride in what we have accomplished together under extraordinarily challenging circumstances.”
Lipinski went on to say that the proudest moment of his career was building the SPS and leading it to become Surrey’s police of jurisdiction.
“That milestone was only possible because of the professionalism, dedication and resilience demonstrated by every member of this organization,” he said. “If there’s one thing I have learned, it’s that organizations don’t succeed because of structures alone — they succeed because of the people who care about one another.”
The former police chief went on to thank policing members , saying the memories he shared with all of them will stay with him.
“It has truly been the privilege of a lifetime,” Lipinski said.
While Lipinski and board director Hanne Madsen have said he was “terminated,” there remains uncertainty as to whether his departure will be classified as a resignation or a firing. A source familiar with the situation tells Postmedia that the chief has been given the option to resign by Thursday at 4 p.m.
However, Lipinski’s letter makes it clear he isn’t returning.
It came to light earlier this week that the decision by the police board to oust Lipinski wasn’t unanimous. Board chair Harley Chappell announced his resignation from the board, saying he was “blindsided” by the decision.
It raises questions of how cohesive the board really is, a labour lawyer says.
“The resignation (of Chappell) raises governance questions ,” said Shafik Bhalloo, an employment and labour lawyer at Kornfeld LLP, who also previously served on the West Vancouver police board and teaches at Simon Fraser University.
“Police boards are expected to function collectively and make decisions through established governance processes. When the chair of a board indicates that they were surprised by a decision of this magnitude, I, as a member of the public, would question whether the board was operating cohesively and transparently.”
Bhalloo said if Lipinski chooses termination instead of resigning, it could have to do with pay.
“The police chief, or any executive employee, may be reluctant to resign because a voluntary resignation can affect their entitlement to compensation under their employment agreement. In many cases, a resignation means the individual walks away from potential severance or other contractual termination benefits, unless the parties negotiate a separation package,” the lawyer said.
Bhalloo hesitated to speculate too much on Lipinski’s situation, not having direct knowledge, but spoke generally to what the former chief’s severance package could look like. Before being terminated, Lipinski was making a base salary of $285,000 and his contract was renewed in October for another three years, with a two-year extension option.
“Generally speaking, if he is employed under a fixed-term contract with a significant portion of the term remaining, for example, approximately 2.5 years, and if the contract does not contain an enforceable early termination provision, he may be entitled to compensation for the balance of the remaining term, together with the value of benefits and other contractual entitlement,” Bhalloo said.
He also said a chief’s ouster can have significant impact on policing members.
“The consequences can be substantial at an organizational level, because the police chief sets the strategic direction and culture of a police service. When a chief is removed unexpectedly, I would anticipate members often will ask, ‘Why did this happen? Was the chief treated fairly?’ ” Bhalloo said.
Madsen said earlier this week that the decision to terminate Lipinski came at a special closed meeting Friday and the chief was out by Monday, but Bhalloo said the decision of a police board to want a switch in leadership is rarely a spur-of-the-moment decision.
Several police board members are refusing to address the multitude of questions surrounding the chief’s ouster.
Rob Stutt, who serves on the board and is the only city councillor representative, hasn’t responded to many Postmedia calls and texts. Jason Kuzminski, executive director, has also not returned multiple phone calls and texts.
Attempts to reach Lipinski have also been unsuccessful.