12/20/06 Board of Public Safety Minutes

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~ ~i T PUBLIC AGENDA SESSION DECEMBER 20.2006 The Board of Public Safety met in the Public Agenda Session at 8:04 a.m. on Wednesday, December 20, 2006 with President Jesusa Rodriguez. Board Members Juanita Dempsey, Patrick D. Cottrell, Bruce J. BonDurant, and Donald Alford were present. Also present were Police Chief Thomas Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13th Floor, County City Building, South Bend, Indiana. ' Board members discussed the following item(s) from that list: - Minutes The Board stated that they had not received a corrected copy of the minutes. The Clerk was instructed to make copies for the Board's review. The Clerk made copies and presented the Board with the corrected minutes, and after review, the minutes were accepted with the following corrections. On Resolution 70-2006 there should be a sentence saying that Mr. Cottrell refrained from voting. On the promotion of Engineer James Burkus, there should be a first sentence that says "Chief Taylor submitted a letter recommending the promotion of Engineer James Burkus to Captain", and there is a typographical error. His name was listed as Jame, instead of James. On the sick leave of Sgt. Stokes, it should state that it was amended to the maximum allowed of 42 days and the time to be taken adjusted to meet the extra leave granted. - Modif ed Resolution 71-2006 Mr. Bodnar stated that the modified Resolution sets forth the exact amounts that the Chief of Police thinks are the appropriate amounts for the lateral entry pay. - Voluntary Demotion Chief Fautz stated the request for demotion to Corporal, from Sergeant James Maxey, is a request to be back on the streets. Sergeant Maxey feels that he is too young to be working a desk job. There is a current opening on the NEST Unit that he would like to be assigned to. Chief Fautz hasn't decided whether they will replace Sergeant Maxey in his current ' position in Community Relations. They are looking at re-organizing. - Resolution 77-2006 Mr. Bodnar stated that for many years the Fire Department has hired according to a list of numerical ranking, based on best total score. The existing resolutions do not address the issue of whether a candidate can be passed over and still retain his or her ranking on the list for the duration of the hiring list. Mr. Bodnar stated that the Fire Department has encountered two unique situations for which a departure from the original standard should be considered. The first instance involves a candidate that passed all the tests, but then injured himself while performing recreational activities. He will not be able to pass the PERF physical which is a requirement of all candidates. The second is an individual who owns his own business. He has been attempting to sell his business but has not been successful. He is requesting that he be passed over for this year, but that he be allowed to retain his position for next year, when he anticipates the business will be sold. Mr. Bodnar stated that it would be a benefit to the Fire Department to be able to post-pone hiring qualified candidates in order to get the best candidates possible. Mr. Cottrell suggested any candidate for the Fire Department that is injured or ill and doesn't accept a position with the department when offered, should have to take the C.P.A.T. test again to make sure that they have recovered fully from their injury or illness and are able to carry out the required duties. Mr. Bondurant questioned if the re-take of the C.P.A.T. test should be a requirement for all injured Fire Fighters to return to the job, not just new candidates that are injured or ill. Chief Taylor stated that there is a real problem trying to find a place to set up the C.P.A.T. test in the winter. The Fire Department needs a large inside space to conduct the test and it is difficult to find one available. Chief Taylor asked the Board to consider making it the responsibility of the candidate to get tested, possibly in Indianapolis, at their own expense. Chief Taylor stated that it is costly for the Fire Department to re-test candidates. President Rodriguez questioned whether approval of the Resolution could be delayed until the details could be worked out better. Mr. Bodnar stated that it needed to be addressed now for 2007 hiring policy, and could be amended next year if necessary. It was decided by everyone to amend the resolution to include that any candidate who doesn't accept a position with the Fire Department when it's offered should retake and pass the C.P.A.T. test at their expense before another offer of a position can be made.