Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY CITATION: In re JamesDittomosso, 2022 RSC 830 DATE OF JUDGEMENT: January 12, 2023 BETWEEN: Ridgeway National Guard Applicant and JamesDittomosso Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Captain ConstantlyVerbal applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on January 2, 2023. [2] The application named JamesDittomosso, an employee of the Ridgeway National Guard as the respondent. [3] The application sought to dishonourably discharge BrandonnLUV for one violation of department policy enumerated at s. 3002.1(r) of National Guard Code of Conduct. [4] Applicant ConstantlyVerbal filed a brief under s. 3.1 of the Employee Desertion Act in support of an expedited ruling in the absence of the respondent. [5] I am satisfied that the respondent has deserted their duties, failed to respond to the applicant’s communications, and failed to respond to the notices to appear before the administrative court. Accordingly, I will omit the hearing. [6] All factual allegations are assumed as true, having gone uncontested by the respondent, and are reproduced in Part II. II. Findings of Fact [7] On 12/17/2022, it was reported to the Military Intelligence Service that Recruit JamesDitmosso had left all Ridgeway National Guard communications servers and the Roblox group while doing their Basic Military Training in the Ridgeway National Guard. [8] An investigation was initiated into the allegations against Recruit JamesDitmosso shortly after the complaint was submitted. [9] The investigation assigned to the case was unable to make contact with Recruit JamesDitmosso as they had left all servers and the department no longer had any communication with the Recruit. [10] The investigation continued without the testimony of the Recruit and the investigator assigned to the case was able to sustain the allegations against Recruit JamesDitmosso in the final disposition of the case. [11] The investigator recommended that JamesDitmosso be dishonorably discharged from the Ridgeway National Guard for violation of 3002.1(r) - Desertion. [12] 3002.1(r) - Desertion of the Ridgeway National Guard’s Code of Conduct prohibits any individual within the National Guard from leaving their official post without authorization from a member of command or a discharge. [13] Recruit JamesDitmosso did not have authorization from any member of command to leave the Ridgeway National Guard’s communications server and was not discharged by any member of command. [14] Exhibit A shows the case report completed by the Investigator of all the facts of the case. [15] Exhibit B shows a screenshot of Dyno Discord Logs within the Ridgeway National Guard Discord server showing Recruit JamesDitmosso leaving the server. [16] Exhibit C shows a screenshot of Recruit JamesDitmosso’s server list without being in any Ridgeway County servers. [17] Exhibit E shows a screenshot with the efforts made to contact Staff Sergeant BrandonnLUV through the Ridgeway National Guard Discord but their account was not found in the server. [18] This further affirms that Staff Sergeant BrandonnLUV left the National Guard Discord server. III. Findings of Law and Policy [19] It is a contravention of National Guard policies to leave official post without the proper authorization to do so without following all applicable regulations while leaving post. [20] The respondent contravened 3002.1(r) of the National Guard Code of Conduct when he failed to notify any command member of them leaving their official post. [21] Respondent JamesDittomosso is subject to the National Guard Code of Conduct. [22] I find that the act of leaving a Discord server or Roblox group was intentional. IV. Recommendations [23] The applicant recommends termination of the respondent’s employment in the National Guard in the nature of a dishonourable discharge. [24] The applicant is entitled to take any action up to and including a dishonourable discharge. Dated at the City of Palmer, in the State of Ridgeway this 12th day of January, 2023. “koalaMedvedeva” Judge koalaMedvedeva

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