08/10/07 Board of Public Safety Minutes - Special Mtg

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~' ~ .4 SPECIAL MEETING AUGUST 10, 2007 The Board of Public Safety met in a special meeting at 8:09 a.m. on Friday, August 10, 2007, with President Jesusa Rodriguez and Board Members Patrick Cottrell, Juanita Dempsey, Donald Alford and Bruce J. BonDurant present. Also present during the session were Mr. Thomas Bodnar, Mr. Joseph Simeri, Attorney for the Board of Public Safety, Police Chief Thomas Fautz, and Assistant Fire Chief Mark Nowicki. A court reporter from Midwest Reporting was present to record the hearing. The hearing was held in the Common Council Chambers, 4`~' Floor, County-City Building, South Bend, Indiana. FIRE DEPARTMENT ' FILING OF CHARGES - 07-02 -CAPTAIN JAMES GADACZ President Rodriguez indicated that unless there were questions or objections by members of the Board, Charge 07-02 as submitted by the Fire Department would be accepted for filing. Upon a motion by Ms. Dempsey, seconded by Mr. Cottrell and carried, the following Charges were accepted for filing and the Clerk was instructed to send a letter to notify Captain Gadacz of the Charges: FACTUAL ALLEGATIONS On March 2, 2007, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department, while off-duty, drove his private vehicle while traveling north in the 1100 block of Niles Avenue in the City of South Bend while intoxicated. He had previously been convicted of operating a motor vehicle while intoxicated. As a result of his actions, Captain Gadacz was charged with, pled guilty to and was found guilty of operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a Class D Felony, inCause No. 71 D02-0703-FD-00224 in the St. Joseph Superior Court on August 8, 2007. COUNTI The conduct of Captain James Gadacz violates IC 36-8-3-4 (b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and violates Rule 300.00(1) and 300.00(11)(A) of the South . Bend Fire Department Duty Manual. COUNT II The conviction of Captain James Gadacz inCause No. 71 D02-0703-FD-0024 in St. Joseph Superior Court on August 8, 2007, is a violation of IC 36-8-3-4 (b)(1). It is the recommendation of Chief Buchanon that (1) Captain Gadacz be suspended from duty without pay for (365) calendar days, and (2) Captain Gadacz be demoted in rank from Captain to Engineer effectively immediately. RECESS President Rodriguez moved the Board take a short recess at 8:10 a.m. for an Executive Session and instructed everyone to return at 8:25 a.m. EXECUTIVE SESSION AUGUST 10, 2007 The Board of Public Safety met in Executive Session on Monday, August 10, 2007, at 8:12 a.m. The meeting was held in the Common Council Chambers, 4th Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5-14-1.5-6.1 (b) (2) (B)and (b) (6) (A). President Jesusa Rodriguez and Board Members Patrick Cottrell, Donald Alford, Juanita Dempsey and Bruce J. BonDurant were present. Also present was Attorney Joseph Simeri. Board members did not discuss ' any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 8:47 a.m. BOARD OF PUBLIC SAFETY