ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY
Citation:
In re RAINSEB, RSC-AH 2457
DATE OF JUDGEMENT:
probably march 18th, 2024
Ridgeway Park Service
Applicant
and
RAINSEB
Respondent
REPORT AND RECOMMENDATIONS
IN THE MATTER OF AN APPLICATION
UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT
I. Introduction
[1] Under S. 1.3 of the Administrative Procedure Act, Assistant Superintendent
ConstantlyVerbal filed for a dishonourable discharge, with Supervisory Park Ranger
Mamoreis and Senior Park Ranger Trapazt serving as the department’s impanelled
officers.
[2] The application named Rainseb, an employee of the Ridgeway Park Service, as the
respondent.
[3] The Ridgeway Park Service has provided a number of reasons for why they wish
to discharge the respondent, alleging that they have violated the discharge policy,
cadet and probationary ranger regulations, and the departmental vehicle search and
seizure policy.
[4] Due to the failure of the respondent to respond to summons to the Administrative
Court, 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 February 12, 2024, Rainseb was employed into the Ridgeway Park Service
after passing the Park Service entrance application and was assigned to the Ranger
Academy to complete their training.
[8] During the course of their Academy, Rainseb did sign an agreement form which
includes a Sensitive Information Non-Disclosure Agreement, General Non-Disclosure
Agreement, and a Standard Search Agreement.
[9] The Standard Search Agreement authorises the department to be able to search
Rainseb’s personal property throughout the course of their employment. This is also
affirmed by the department’s Departmental Vehicle Search and Seizure Policy.
[10] On February 21, 2024, Rainseb was informed by Training Unit Command that
they failed to meet the minimum required score to pass the examination. The required
score is an 85% and Rainseb scored 83%.
[11] Training Unit Command informed the Internal Affairs Unit with a list of Cadets
that failed the Ranger Academy Final Examination and they were required to be
search before they received a discharge from the department
[12] Internal Affairs Senior Investigator / Senior Park Ranger Gurra059 made contact
with Rainseb to schedule a time for their search. Throughout the course of multiple
days, Gurra059 stated their availability to Rainseb, in which Rainseb responded with
them being unavailable. Later, Rainseb proceeded to stop replying to all
communication attempts from Senior Park Ranger Gurra059.
[13] Senior Park Ranger Gurra059 later determined that Rainseb did leave the
Ridgeway Park Service Discord server and Roblox group without being authorized to
do so. Rainseb was never searched nor properly discharged by any Command member
in the department as required through department policy.
[14] All Cadets and Probationary Rangers are to abide by a Zero-Tolerance Policy
which prohibits them from violating any policy or regulation or it would result in a
dishonourable discharge from the department. Through the actions of Rainseb, they
violated numerous department policies and directly violated this Zero-Tolerance
Policy.
[15] No further contact has been made or been successful between the department and
Rainseb.
[16] The Discharge Policy under the Park Service’s General Policy states, “Rangers
that desert the department will be dishonourably discharged.” This prohibits any
member of the department from deserting the department as it will result in a
dishonourable discharge.
[17] The Cadet & Probationary Regulations Policy under the Park Service’s General
Policy states, “Final Exam: Taken by all personnel, 85% is the passing score, there are
no second chances.” This requires all cadets in the Ranger Academy to pass the
examination with an 85% or higher without the ability to resubmit. This policy also
states, “All Cadets and Probationary Rangers are subject to a zero-tolerance towards
any violation of department policies. Cadets or Probationary Rangers found to violate
the Zero Tolerance Policy will be subjected to termination from the department,
regardless of the violation.” This prohibits any Cadet of the department from
committing any violation of department policies or it will result in their termination
from the department no matter the violation.
[18] The Departmental Vehicle Search and Seizure Policy authorises the department
and its delegates to conduct searches on the personal property of all members of the
department, reinforcing the agreements signed by all members of the department.
III. Findings of Law and Policy
[19] According to the Ridgeway Park Service Discharge Policy, rangers which desert
the department are subject to dishonourable discharge.
[20] As seen in Exhibit C, Rainseb failed to reply to internal affairs attempts to
coordinate with him a discharge search. This was followed by him promptly leaving
the group, as shown in Exhibit E and Exhibit F.
[21] His unauthorised departure constitutes a violation of Department Policy, and
pursuant to the Zero Tolerance Policy applied to Cadets this warrants a discharge from
the department.
IV. Recommendations
[22] The applicant recommends termination of the respondent’s employment from the
Ridgeway Park Service in the nature of a dishonourable discharge.
[23] 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 18th day of March, 2024.
Administrative Court Judge Jyoungbird
