Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY Citation: In re W_15K, RSC-AH969 DATE OF JUDGEMENT: Samedi le 11 mars, 2023 Ridgeway National Guard Applicant and W_15K Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Command Sergeant Major d_reamliy applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on March 4th, 2023. [2] The application named W_15K, an employee of the Ridgeway National Guard, as the respondent. [3] The application has established the department’s desire to dishonourably discharge W_15K for engaging in conduct that is seen as prejudicial to the government. [4] Due to the failure of W_15K to respond, the applicant has filed a brief requesting for an expedited ruling in accordance with Section 3.1 of the Employee Desertion Act. [5] I am satisfied that the respondent has failed to appear before the Administrative Court. As a result of this, the hearing shall be bypassed. [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 5th of February 2023, an investigation was initiated by the Military Intelligence Service pertaining to the arrest of W_15K for First Degree Murder and Attempted Murder. [8] On the 6th of February 2023, Sergeant TacticalGrunts was assigned to conduct the investigation. [9] On the 24th of February 2023, Sergeant TacticalGrunts ruled the investigation sustained and listed the following violation: [a] OPREG 3002 - (j) - CONDUCT PREJUDICIAL TO THE GOVERNMENT [10] This is a type I violation, punishable by the appropriate legislation and an immediate dishonourable discharge. [11] In the Inquiry Report, Sergeant TacticalGrunts recommended W_15K to be dishonourably discharged from the Ridgeway National Guard. III. Findings of Law and Policy [12] Operation Regulation 3002 (J) of the Ridgeway National Guard establishes committing a felony against the State of Ridgeway and Ridgeway County as a type 1 offence. As seen in the application’s Exhibit B, we clearly see that the respondent had obtained a felony criminal record while employed in the Ridgeway National Guard. As a result of this, pursuant to Operation Regulation 3001 (f), the Ridgeway National Guard affords the right to dishonourably discharge the respondent. [13] The respondent, W_15K is subject to the Ridgeway National Guard’s operation policy. [14] I find that the defendant has violated the Ridgeway National Guards policy regarding Type 1 offences. IV. Recommendations [15] The applicant recommends termination of the respondent’s employment from the Ridgeway National Guard in the nature of a dishonourable discharge. [16] The applicant is entitled to take any action up to and including an dishonourable discharge. Dated at the City of Palmer, in the State of Ridgeway this 11th day of March, 2023. Administrative Court Judge Jyoungbird

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