Arguments heard in LPS ‘meme-gate’ disciplinary hearing

By Alejandra Pulido-Guzman - Lethbridge Herald on October 15, 2022.

LETHBRIDGE HERALDapulido@lethbridgeherald.com

Sanction arguments for a Lethbridge Police Service sergeant who created a chat and invited others to join where profane, abusive and insulting memes were circulated, were heard Friday.

After several adjournments, sanction arguments were heard during the disciplinary hearing at the Galt Museum, in regards to the role of LPS Sgt. Jason Moulton in a 2018 incident involving the creation and distribution of memes determined to be offensive and against LPS policies, which became known at the time as “MemeGate”.

A private chat group was created by Moulton in WhatsApp under the name “Meme Militia” where texts, memes and gifs were distributed to LPS officers within the group. The communications, which were found to be offensive and against LPS policies, were described as profane, abusive and insulting and targeted the LPS executive, other officers, and society in general.

As a result, five officers were charged with misconduct under the Alberta Police Act and Police Service Regulation in relation to the meme group incident. Moulton is the last officer whose charges have not being fully resolved.

Moulton previously pleaded guilty to two counts of discreditable conduct, two counts of neglect of duty and one count of insubordination. He also pleaded not guilty to one further count of discreditable conduct and was ultimately acquitted of that count.

During the hearing, when listing aggravating factors in relation to Moulton’s charges, Kelly Nicholson, outside legal counsel retained to prosecute the officers on misconduct charges, said there has been no expression of remorse and no apology.

He also stated that even though Moulton had high praise during his last three performance reviews, there is no way to know for sure that he would not engage in online activities negatively directed towards the service after work hours in the future.

Nicholson argued that the trust is lost and the relationship between Moulton and the LPS is broken.

He also argued that the incident could not be considered an isolated event, as it happened over a period of four months. He said Moulton’s actions throughout the chat suggest premeditation based on his deliberate conduct.

Nicholson argued that Moulton was fully aware of the code of conduct as well as the offensive nature of the material shared in the chat.

Nicholson said there is no reason to believe that Moulton would change his behaviour or point of view towards certain groups of people within the community, or the service for that matter.

He argued that Moulton is no longer suitable for the Sergeant position based on his destructive and disrespectful criticism towards the service, his discriminatory behaviour and the poor example he set for other officers of lower rank.

Nicholson presented his case to Presiding Officer Paul Manuel, and stated that based on all the aggravating factors, Moulton should be terminated from the LPS.

After this, an in-camera portion of the hearing took place to discuss Moulton’s personal matters in regards of possible medical, mental or emotional concerns.

When presenting the defence arguments, Bill Newton, agent for the defence argued that up to the incident Moulton’s record was impeccable. He also mentioned the fact that Moulton has been with the service for 24 years and in September 2023 he would complete 25 years of service.

In response to Nicholson’s argument about the incident not being isolated, Newton argued that it was indeed isolated in that it was the only one of its kind in Moulton’s 24 year service.

He then proceeded to mention a few cases where mental health issues were the cause of the incidents, to showcase that consideration should be taken when mental health issues are present.

Newton said that something significant happened to Moulton after the incident became public and he claims that as a result Moulton was a different person.

He therefore asked the presiding officer to consider a permanent demotion of rank to Constable first class, which would mean a reduction in pay of three levels amounting to a total loss of $21,200 per year, instead of termination.

To this Nicholson argued that it was being suggested in order for Moulton to have full access to his pension in September 2023, after which Newton confirmed that was in fact what they were hoping to do.

Nicholson then stated it was inappropriate to allow Moulton to continue to be a member of the LPS with the intention of being able to access full pension.

Following the presentation of arguments, the Presiding Officer reserved his decision and adjourned the matter to Nov. 14.

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