Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY CITATION: In re SteveRWallace, RSC-AH-940 DATE OF JUDGEMENT: February 14, 2023 BETWEEN: Ridgeway County Transit Authority Applicant and SteveRWallace Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Director Peacedownload applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on February 11, 2023. [2] The application named SteveRWallace, an employee of the Ridgeway County Transit Authority as the respondent. [3] The application sought to dishonourably discharge SteveRWallace for two violation of department policy enumerated at s. 102-7.1 and 103-2.3 of Ridgeway County Transit Authority Handbook. [4] Applicant Peacedownload 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 the 25th of January, 2023, an “action-request” was filed requesting the Respondent receive a department exile search due to their accumulated activity strikes in accordance with department policy. [8] Tow Supervisor ToxiEzPz was assigned to handle the department exile search and reached out to the Respondent via direct messages at 10:00 PM EST on the same day [25th of January]. [9] Supervisor ToxiEzPz received no response for two (2) days and when they did receive a response on the 27th of January the request for a department exile search was ignored. [10] Both the supervisor and the Respondent agreed to a time on the 28th of January but neither party reached out. [11] On the 29th of January, 2023, and the 9th of February, 2023, the assigned supervisor reached out to the Respondent again hoping for a response. They received radio silence. [12] As a final chance to the Respondent, Tow Supervisor ToxiEzPz was instructed to message the Respondent again notifying them that if we do not receive a time that we would move forward with administrative proceedings. Three days later and no response was received. III. Findings of Law and Policy [13] It is a contravention of Ridgeway County Transit Authority policies for an employee to terminate their employment without allowing the employer to search their inventory for agency property. [14] The respondent contravened s. 103-2.3 of Ridgeway County Transit Authority Handbook when he failed to respond to and comply with the employer’s request to search their inventory for agency property. [15] Respondent SteveRWallace is subject to the Ridgeway County Transit Authority Handbook [16] I find that the acts of failing to respond to and comply with the employer’s request to search their inventory for agency property were intentional. IV. Recommendations [17] The applicant recommends termination of the respondent’s employment in the Ridgeway County Transit Authority in the nature of a dishonourable discharge. [18] 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 14th day of February, 2023. “koala4Iife” Judge koala4Iife

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