07/05/06 Board of Public Safety Minutes

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~. 4 REGULAR MEETING JULY 5, 2006 CHARGE NO. 06-07 FINDINGS OF FACT The Board of Public Safety makes the following Findings of Facts in this case on the 5`" day of July 2006: ' 1. The City of South Bend by its Police Chief, Thomas Fautz, filed charges against Ronald Johnson pursuant to LC. 36-8-3-4 on June 13, 2006. 2. Said charges are attached hereto and included herein. 3. Ronald Johnson was served with a copy of the charges on June 27, 2006. 4. On this date Ronald Johnson has filed with this Board a written Waiver and Consent, by which h'e consents to the entry of these Findings of Fact and waives his rights under IC 36-8-3-4. 5. At all times since at least 1996, Ronald Johnson was a sworn member of the South Bend Police Department holding the rank of Corporal. 6. During the fall of 1998 Irish Blossom Corporation was a retail merchant in the State of Indiana. 7. During the fall of 1998 Irish Blossom Corporation operated a restaurant which served alcoholic beverages called Finnigan's, located at 113 East Wayne Street; South Bend, Indiana, 46601. 8. On numerous occasions during the fall of 1998 Cpl. Ronald Johnson was present and performing activities at the entrance or inside Finnigan's which could be considered law enforcement related activities. ~9. During the fall of 1998 there was a properly enacted Section of the South Bend Police Department Duty Manual, Section 445.00(A), which read: Officers will not engage, either directly or indirectly, in security or other law enforcement related activity at the entrance of or inside a building or enclosed area at which alcoholic beverages are sold and consumed. ~ , 10. During the fall of 1998 there was a properly enacted section of the South Bend Police Department Duty Manual, Section 445.00(H) which read: The Chief of Police shall have the authority to decide if a particular employment violates this policy. The Chief of Police has not authorized the activities of Cpl. Ronald Johnson at Finnigan's in the fall of 1998 as Section 445.00(H) requires. Cpl. Ronald Johnson does not contest that his activities at Flannig~n's in the fall of 19,98 violated this policy.. 11. In the fall of 7 998, Cpl. Ronald Johnson violated Section 445.00(H) of the South Bend Police Department Duty Manual. 12. The actions of Cpl. Ronald Johnson in the fall of 1998 in connection with the Irish Blossom Corporation constituted conduct unbecoming an officer .in the South Bend Police Department. THEREFORE, the Board finds that for his actions Corporal Ronald Johnson shall be suspended without pay from the South Bend Police Department for a period of one (1) year and in addition shall be reduced in rank to the rank of Patrolman First Class for a period of one hundred eighty (180) days, to be suspended as indicated herein. Corporal Johnson has indicated a willingness