Despite his resignation, a former Hamilton police officer could still face a charge under the Police Services Act.
Constable Douglas McKee was charged with one count of discreditable conduct for allegedly having sex last November “in plain view of your neighbours when you knew or ought to have known that your actions were visible, and offensive, to your neighbours.”
Hamilton Police lawyer Marco Visentini said during a conference call Wednesday morning that McKee had resigned from the Hamilton Police Service since the last adjournment of the matter.
“There is a loss of jurisdiction,” Visentini said.
But he noted Section 90 of the Police Services Act includes a provision that would see the charge against McKee brought back if he becomes employed at any police service within the next five years.
As a result, the charge was not dropped but merely stayed.
During another conference call Wednesday morning, Constable George Schmid’s 15 discreditable conduct charges were postponed to another telephone conference on the morning of Oct. 7.
Schmid is alleged to have had sex while on duty seven times during the spring and summer of last year.
Schmid’s lawyer said some items were “absent” from the discovery evidence she received, and she is corresponding with Visentini to get more information.