Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY Citation: In re PenguinOperator, RSC-AH90002 DATE OF JUDGEMENT: (っ◔◡◔)っ ♥ June 24th, 2023 ♥ 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] Lieutenant AhmadKapalot, pursuant to Section 1.3 of the Administrative Procedures Act filed an Administrative Hearing Report on June 19th, 2023. [2] The application submitted by Lieutenant Kapalot on behalf of the Palmer Police Department would name PenguinOperator, an officer of the Palmer Police Department, as the respondent. [3] The application has called for the termination of Penguin for his alleged violations of the Palmer Police Department search agreement. [4] Due to the failure of PenguinOperator 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 twenty eighth of May, PenguinOperator would be placed on Administrative Leave for violating numerous policies within the Palmer Police Department, specifically the Equipment Management, Insubordination, and Mishandling of Equipment Policy. [8] Following an Internal Affairs Investigation, PenguinOperators would be authorised to receive an involuntary general discharge and over the course of 5 days would attempt to be contacted to undergo a search. [9] Patrol Officer PenguinOperators failed to respond to Internal Affairs attempts to contact him and subsequently an administrative hearing report would be filed. III. Findings of Law and Policy [12] The Palmer Police Department Standard Operating Procedure, under s. 503.2 (Departmental Search Agreement), establishes that a contravention of the search agreement which the respondent had signed would warrant termination of employment and a blacklist (dishonourable discharge). [13] The respondent, PenguinOperator, is subject to the Palmer Police Department’s standard operating procedure. [14] I find that the defendant has violated the Palmer Police Department’s Departmental Search Agreement and is subject to a dishonourable discharge. IV. Recommendations [15] The applicant recommends termination of the respondent’s employment from the Palmer Police Department 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 24 th day of June, 2023. Administrative Court Judge Jyoungbird

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