11/10/09 Board of Public Safety Special Meeting

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SPECIAL MEETING NOVEMBER 10® 2009 78 COUNTI On January 3, 2009, Cpl. James Aters used unnecessary force toward the suspect which conduct violated Rule 302.00(37) of the South Bend Police Department Duty Manual and was conduct. unbecoming a South Bend Police Officer, thereby violating I.C. 36-8-3-4(b)(2)(B) and (H), COUNTH On January 3, 2009, Cpl, James Aters filed an Officer's Report in which he misstates what he did at the scene and also omits stating that Sgt. Ronald Kaszas struck the suspect numerous times. Said conduct violates Rule 302.00(34) of the South Bend Police Department Duty Manual, is a breach of the oath of office taken by James Aters, which says: and is conduct unbecoming a South Bend police officer, thereby violating I.C. 36-8-34(b)(2)(B) and (H). LECOMMENDA TION In consideration of the Departmental violation cited pertaining to his actions during the encounter with the suspect and the investigative report he submitted, Chief Boykins recommended in a letter to the Board that Corporal Aters be suspended from duty without pay for six (6) calendar days. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried the Board accepted the charges for filing and instructed the Clerk to prepare a letter to serve the Charges on Corporal Aters. CHARGE On September 5, 2009, Cpl. Christopher Houser, in the performance of his duties used coarse, profane and degrading language. Said conduct violates Rule 302.00(A)(20) of the South Bend Police Department Duty Manual and is conduct unbecoming a police officer and violates I.C. 36- 8-3-4(b)(2)(B) and (H), RECOMMENDATION In a letter to the Board, Chief Boykins stated in consideration of the Departmental violation cited pertaining to his actions, the assessed disciplinary action against Corporal Houser will consist of a letter of reprimand to be placed in his file and a six (6) working day suspension from duty. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried the Board accepted the charges for filing and instructed the Clerk to prepare a letter to serve the Charges on Corporal Aters. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:23 a.m. 'Juanita Dempsey, Presiden