Hamilton police have revoked the suspension of a police officer currently in jail, a move that allows the service to skirt the Police Services Act and not pay the officer when he doesn't show up for work.

Const. Craig Ruthowsky, charged by Toronto police during pre-dawn raids targeting gang activity two weeks ago, remains in jail after being denied bail. Police sources not authorized to speak on the record confirm the 41-year-old was served a letter ordering him to return to work this past Monday.

Hamilton police Chief Glenn De Caire would not comment on the matter, explaining that it's a "labour issue between the member and the police service."

Lawyer Gary Clewley, who does not represent Ruthowsky but often represents officers, said the move is unusual but not unprecedented.

It can only happen when a police officer is denied bail, he said, commenting generally.

Clewley said it's a labour matter and has no bearing on the court case. An officer can grieve the decision.

Ruthowsky, a former gang and weapon enforcement unit officer, had been suspended since June 2012 amid other allegations. Now sources say he will eat up any outstanding holiday pay while he awaits a bail review. If he stays in custody until a trial, he would run out of pay.

The loss of pay adds to the stress of an officer in jail, Clewley said.

Ruthowsky's lawyer, Bernard Cummins, could not be reached for comment.

De Caire has been a champion of revising the Police Services Act to give chiefs the discretion of suspending without pay.

"Fundamentally the taxpayer ought not be paying for individual officers who are suspended, who are not providing that service," he said in an interview with the Spectator Thursday.

The Ontario Association of Chiefs of Police wants chiefs to have the option of suspending without pay in "egregious circumstances," where they are seeking the officer's dismissal, he said.

Hamilton Police Association president Clint Twolan declined comment on Ruthowsky, but said there are some concerns about suspension without pay, namely, giving a chief exclusive discretion.

De Caire said that while the decision is made by the chief, there should also be a review process with an independent body that could adjudicate appeals.

There are 11 other Hamilton police officers currently suspended with pay - a number that Twolan said is high compared to similar-sized police services.

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"The number of suspensions I believe is more of a reflection of management's approach to dealing with allegations," he said.

Hamilton police suspended with pay

• On Tuesday, seven former ACTION officers were suspended with pay amid an investigation into ticket-faking. Five have been charged criminally with conspiracy to fabricate provincial offence notices, fabricating evidence and breach of trust. They are: constables Bhupesh Gulati, Shawn Smith, Steve Travele, Staci Tyldesley and Dan Williams. Two other unnamed officers are suspended amid an ongoing Police Services Act (PSA) investigation that could see them face disciplinary charges.

• Const. Robert Hansen has been suspended with pay since June 25, 2012. He faces outstanding criminal and PSA charges, including allegedly fabricating evidence and perjury in relation to his work as a former gang and weapon enforcement unit officer.

• Sgt. Jason Howard has been suspended with pay since April 22, 2014. He was charged criminally with fraud under $5,000 in relation to a benefits claim, but that criminal charge was withdrawn in February. He faces outstanding related PSA charges.

• Const. Don Sauve has been suspended since Feb. 20, 2015. He was charged criminally with obstructing justice and two counts of theft under $5,000 for allegedly fixing the traffic ticket of a friend. Those charges were withdrawn in May. He faces outstanding, related PSA charges.

• Const. Paul Manning has been suspended since March 3, 2015. However, he is on leave for mental health issues and is being paid through WSIB disability benefits. He faces criminal and PSA charges for allegedly threatening a police lawyer and improper storage of a firearm.

