Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY CITATION: In re PenguinOperator, No. 90001 DATE OF JUDGEMENT: June 12, 2023 BETWEEN: Palmer Police Department Applicant and PenguinOperator Respondent REPORT AND RECOMMENDATIONS IN THE MATTER OF AN APPLICATION UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT I. Introduction [1] Captain AhmadKapalot applied for an administrative hearing under s. 1.3 of the Administrative Procedure Act on January 30, 2023. [2] The application named PenguinOperator, an employee of the Palmer Police Department as the respondent. [3] The application sought to dishonourably discharge PenguinOperator for two violations of department policy: • s. 203.2 of department policy or s. 1.07 of the Code of Conduct; and • s. 1.02 of the Code of Conduct. [4] Findings of fact were completed by the tribunal-at-large. Findings of law and policy were completed by presiding judge. II. Findings of Fact [5] On the 28th of May 2023 Palmer Police On-duty Personnel, which consisted of four officers witnessed Patrol Officer PenguinOperator drop three barriers; negligent wrongdoing. [6] The reason why he had them was that he was helping with a checkpoint; no wrongdoing. [7] He was then ordered to stay in-game but refused to listen and left; negligent wrongdoing. III. Findings of Law and Policy [8] It is a contravention of Palmer Police Department policies to handle equipment unsafely. [9] The respondent contravened s. 203.2 of Palmer Police Department Standard Operating Procedures and s. 1.07 of the Code of Conduct when he negligently dropped three barriers in the road and hence failed to take due care of the department property. [10] The respondent contravened s. 1.02 of Code of Conduct when he negligently disregarded or failed to comply with the directions of command. [11] Respondent PenguinOperator is subject to the Palmer Police Department Standard Operating Procedures and Code of Conduct. IV. Recommendations [12] The tribunal recommends termination of the respondent’s employment in the Palmer Police Department in the nature of an involuntary general discharge. [13] The applicant is entitled to take any action up to and including an involuntary general discharge. [14] The tribunal does not recommend a suspension. Dated at the City of Palmer, in the State of Ridgeway on June 12, 2023. “koala4Iife” Judge koala4Iife

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