Hamilton police officer Manning guilty of 8 counts of discreditable conduct, hearing finds

A Hamilton police officer has been found guilty of eight counts of discreditable conduct related to messages he posted on social media about a city councillor. 

Const. Paul Manning, who did not attend the two-day hearing reviewing the case in October, was found guilty Thursday under the Police Services Act. The officer has been on medical leave for several years but remains formally a member of the service.  

Some charges stem from tweets he wrote about Sam Merulla, the Ward 4 (east end) councillor who says he sustained years of harassment from Manning. Some charges are also connected to Manning tweeting "you can all go f-ck yourselves" when he learned of an investigation into his conduct.

Manning acted "in a disorderly manner or in a manner prejudicial to discipline or likely to bring discredit upon the reputation of the Hamilton Police Service, by use of his social media," hearing officer Greg Walton said in the partially redacted report.

"I am satisfied that Const. Manning's tweets amount to behaviour which would diminish the reputation of the Hamilton Police Service from the perspective of the dispassionate member of the public, fully aware of all of the circumstances."

Several times, the report says, Manning tweeted classified third-party information that showed a picture of Merulla, laid out next to two pictures of members of organized crime.

The report says Manning's tweets implied Merulla was involved in crime, too — something Merulla has repeatedly denied. In the report, Walton says the post was an "association chart" that "is nothing more than the displaying of individuals who are known to have had contact with one another," sometimes for "personal, professional, and legitimate reasons."

The hearing also heard that Manning posted identifiable photos of three of Merulla's properties, including the homes of both Merulla and his daughter. In the tweet, Manning also said he was identifying all of Merulla's properties, and "now investigating his wife to see what [property] is in her name." 

In another tweet, he called Merulla "the biggest c--ksucker in the City."

Merulla, who testified at the hearing, said Thursday that he's "looking at all options at this point to continue to pursue justice."

"It's been terror for 16 years for my family and I as a result of an individual police officer that has gone awry … aided and abetted by many in this community."

For his part, Manning says he will also continue to pursue court action against Merulla, which Merulla calls "a continuation of the harassment."

"Definitive proof whistle blowing is treated as misconduct by Hamilton police, and whistle blowers will be bullied and persecuted," Manning said in an email Thursday. He also claimed the hearing was "bought and paid for."

"I will litigate this matter further directly against Merulla in an independent civil court."