ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY
Citation:
In re TrashOfficer, RSC-AH993
DATE OF JUDGEMENT:
Twelfth of March, Two Thousand and Twenty
Three
Ridgeway County Sheriff's Office
Applicant
and
TrashOfficer
Respondent
REPORT AND RECOMMENDATIONS
IN THE MATTER OF AN APPLICATION
UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT
I. Introduction
[1] On March 7th, 2023, Corporal d_reamliy of the Ridgeway County Sheriff’s Office
applied for an administrative hearing under section 1.3 of the Administrative
Procedure Act.
[2] TrashOfficer, an employee of the Ridgeway County Sheriff’s Office, would be
named as the respondent by this application.
[3] The application has established the department’s desire to dishonourably discharge
TrashOfficer for engaging in criminal actions with the use of Ridgeway County
Sheriff’s Office equipment, and subsequently deserting from the department.
[4] As a result of TrashOfficer’s failure at respond to attempts of contact by members
of the Ridgeway County Sheriff’s Office, Corporal d_reamliy has put forward a letter
to the court requesting for an expedited hearing, pursuant to section 3.1 of the
Employee Desertion Act.
[5] I am content that the respondent has deserted their duties, failed to respond to the
applicants attempt at contact, and finally has failed to respond to notices to appear
before the administrative court. As a result of this, the administrative hearing process
shall be bypassed.
[6] Due to the fact that the respondent has failed to contest the findings of fact put
forward by the applicant, they shall be assumed as true and recreated in part II.
II. Findings of Fact
[7] On February 26th, 2023, Deputy TrashOfficer was placed on administrative leave
pending tool collection and also pending investigation for obtaining 3 (three) or more
activity strikes.
[8] When the respondent was suspended they were removed from the Sheriff’s Office
team, however when the respondent was ranked suspended by Captain Akogie, the
need to perform a search upon him was neglected and he was removed from the team
with his loadout equipped.
[9] On the date of March 6th, 2023, the respondent joined the game and went up to
Acting Sergeant YouFoundSeal of the Palmer Police Department and used his service
pistol to cause injury to the Acting Sergeant. The respondent was then tased and
cuffed by Acting Sergeant YouFoundSeal of the Palmer Police Department and
charged with Unlawful Possession of Government-Issued Equipment and Attempted
Murder.
[10] The respondent on the same day then deserted from the Department by leaving
the group and the communication server.
III. Findings of Law and Policy
[12] Pursuant to Section 504.1 (b) of the Ridgeway County Sheriff’s Office handbook,
employees of the Ridgeway County Sheriff’s Office are required to follow all
“departmental policies” and “county laws.” As seen in the applicant’s Exhibit A, we
observe that the respondent had engaged in actions which are contrary to the
established laws of the State of Ridgeway, with him having shot Sergeant
YouFoundSeal without valid reason, and subsequently being charged with Attempted
Murder and Unlawful Possession of Government-Issued Equipment. As a result of his
actions and these charges, the respondent is in violation of Section 504.1 (b).
Furthermore, we observe in Exhibit C that following this incident the respondent had
deserted the State of Ridgeway which is a violation of the Ridgeway County Sheriff’s
Office Penal Code Section 4.08.
[13] The respondent, TrashOfficer, is subject to the Ridgeway County Sheriff’s Office
handbooks and penal code.
[14] I find that through the attempted murder of Sergeant YouFoundSeal of the Palmer
Police Department, and the respondents subsequent desertion from the State of
Ridgeway was in violation of the Ridgeway County Sheriff’s Office penal code and
handbook.
IV. Recommendations
[15] The applicant recommends termination of the respondent’s employment from the
Ridgeway County Sheriff’s Office 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 12th day of March, 2023.
Administrative Court Judge Jyoungbird
