Ridgeway Unified Courts

JUDICIAL COUNCIL OF RIDGEWAY

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SUPERIOR COURT OF THE STATE OF RIDGEWAY No. 2213 BETWEEN: supramqrk5 Applicant and Palmer Police Department Respondent JUDGEMENT ON JUDISRIDCTION An effective length can be applied to disciplinary measures such as administrative demerits and suspensions, leading them to “expire” after the effective length had lapsed. It is typical for administrative demerits to automatically “expire” after a certain period of time; suspensions must have an effective length to comply with the Administrative Procedure Act. But the effective length of a disciplinary measure is an artificially attached label and does not change the nature of the measure nor the fact that it had been issued in the first place. Moreover, when a disciplinary measure is issued, a record of it being issued is also retained. Thus, the applicant’s demand for remedy to “reverse” unlawful disciplinary measures covers two distinct remedies: the first to reverse the disciplinary measure itself, and the second set aside any records of the disciplinary measure being issued. This dual interpretation of “reverse” is well established in the jurisprudence of the Administrative Court. In In re SteKing2008, RSC-AD-268, the record of a dishonourable discharge was ordered to be set aside, but no order of reinstatement was issued, thus the disciplinary measure of terminating the employment was sustained (Court File 2104- 041722)). In that case, the court granted only one of the two distinct remedies: it set aside the records of the disciplinary measure but refused to reverse the disciplinary measure itself. Assuming the facts alleged are true and that the disciplinary measures were unlawful, the records of those disciplinary measures constitutes a continuing injury even after the effective length of the disciplinary measure itself had lapsed. Specifically, the suspension, the record of the suspension, or either one of them has caused injury. The administrative court does not lose jurisdiction to hear an administrative claim merely because the effective length of a disciplinary measure has lapsed. The claim is allowed. Dated at the City of Palmer, in the State of Ridgeway on February 3, 2024. “koala4Iife” Judge koala4Iife

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