ADMINISTRATIVE COURT OF THE STATE OF RIDGEWAY
Citation:
In re lukewarmchilli, RSC-AH2513
DATE OF JUDGEMENT:
<3 March Twenty Sixth, Two Thousand Twenty
Three <3
Palmar Police Department
Applicant
and
lukewarmchilli
Respondent
REPORT AND RECOMMENDATIONS
IN THE MATTER OF AN APPLICATION
UNDER SECTION 1.3 OF THE ADMINISTRATIVE PROCEDURE ACT
I. Introduction
[1] Lieutenant AhmadKapalot applied for an administrative hearing under s. 1.3 of the
Administrative Procedure Act on the date of March 19th, 2024, with him naming
Deputy Chief iiDark_Law as the Department Command representative, alongside
Sergeant smashpears and himself as Impaneled Officers.
[2] The application named lukewarmchilli, an employee of the Palmar Police
Department, as the respondent.
[3] The application has established the department’s desire to dishonourably discharge
lukewarmchilli, due to the fact that they violated the department’s search agreement.
[4] Due to the unwillingness of lukewarmchilli to appear, 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] The subject, lukewarmchilli, is currently a Patrol Officer employed within the
Palmer Police Department since August 23rd, 2023, allocated to the Special
Investigations Unit.
[8] On March 10th, 2024, the subject notified his direct supervisor, Lieutenant
Maxthatzombie, regarding his request to resign from the department. Shortly after this
occurred, Lt. Maxthatzombie notified Internal Affairs to proceed in performing a
routine department exit search per the Standard Search Agreement.
[9] On March 10th, 2024, at 2335 Eastern Standard Time, Sergeant smashpears,
requested to perform the department exit search on the subject. On March 13th, 2024,
the subject responded with “i’m gonna have to refuse, i don’t have time, i don’t think
i’ll play ridgeway again. i just gotta be discharged” (Exhibit C).
[10] On March 14th, 2024, Lieutenant AhmadKapalot asked the subject if they were
refusing to comply with the search and informed them that it would lead to a
termination (dishonourable discharge). The subject did not respond to the Lieutenant’s
comments (Exhibit D).
[11] On August 23rd, 2023, the subject signed the Standard Search Agreement
following their acceptance into the Department, acknowledging they were aware of all
provisions that they must adhere to, and that breach of the agreement would lead to a
termination of employment.
[12] As of March 19th, 2024, the subject is no longer present in the Palmer Police
Department official Discord server and Roblox group. They are also no longer present
in associated Ridgeway community Discord servers, including the Law Enforcement
Training Center Discord server.
[13] The Palmer Police Department Code of Conduct requires employed members of
the Department to sign and adhere to the respective contractual obligations under the
Standard Search Agreement, Non-Disclosure Agreement, and Sensitive Information
Non-Disclosure Agreement under COC §1.35 and SOP Policy 503.2.
III. Findings of Law and Policy
[14] It is stated within the Palmar Police Department’s Standard Operation Policy
503.2 that all Palmar Police Department Officers are required to sign the search
agreement, and that violation of this agreement in any way will result in “termination
and blacklist.”
[15] In Exhibit C and D, the Department is shown as having attempted to contact the
respondent in order to convince them to do the exit search. Exhibit C shows that the
individual had refused the discharge search and as such is in violation of SOP 503.2.
[14] Because of the fact that Section 503.2 of the Palmar Police Department Standard
Operating Procedure establishes a violation of this section as warranting
dishonourable discharge, it permits the department to dishonourably discharge the
respondent.
IV. Recommendations
[15] The applicant recommends termination of the respondent’s employment from the
Palmar 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 27th day of March, 2024.
Administrative Court Judge Jyoungbird
