02/14/1956 Board of Public Works Minutes

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(' R. S. Andrysiak, City Engineer., filed primary assessment roll showing the awards of damages and the assessment of benefits in the matter of the vacation of all of 28th Street extending South from the South line of Pleasant Street to the North line of Northside Blvd., under Resolution No. 2821. In the above named assessment roll, the Board hereby order that it will: meet in the City Hall at 10:30 A.M. on the 12th day of March, 1956, for the purpose of hearing and receiving remonstrances from all persons interested in or affected by said vacation, and the Board 'further orders that notice -of -said hearing, together with the a mount of damages awarded and benefits assessed be addressed to the property owners by publishing same on the 17th'day of February, 24th day of February, 2nd day of March, 1956, in the South Bend Tribune and The Record. The following property may be injuriously or beneficially affected by such vacation: Lots 30 to 103 inclusive, - Plat of Twin City Realty Company; Subdivision of Lot "C" in River Park within the City of South Bend, Indiana Respectfully submitted this 14th day of February, 1956. R.S. Andrysiak !' City Civil Engineer A letter was received from the South Bend Firements Association in regards to permission for the use of the calss room at the Central Fire Station for the purpose of holding monthly meetings of the Firemen+s Association. Request granted. A petition was received asking for the vacation of the alley behind Lots B-C-D-E-G and H of Wegner & Kreighbaumts Vistula Avenue Addition, and was referred to the City Plan Commission for their investigation and recommendation. Comes now -Patrolman Erwin F. Kowalski, and moves this Honorable Board t dismiss all.matters and hearings:=regarding certain alleged charges of misconduct on the !i part of said Patrolman Erwin,F. Kowalski that may be pending before said Board on the grounds that: 1. Proper and sufficient notice of any alleged charges has not been given to said Patrolman Erwin F. Kowalski as required by law and the statutes of the State of Indiana. 2. That proper and sufficient charges have not been properly filed and placed on record on the records of said Board. ! 3. Prior acts of said Board in 'refusing to dismiss said hearing -and pro- ceedings, and all other proceedings that have taken place by said Board regarding alleged !; charges of misconduct by Patrolman. Erwin F. Kowalski hav e-hot been according to law and; statutes of the State of Indiana governing such proceedings. WHEREFORE, said Patrolman Erwin F. Kowalski moves and petitions said Board to dismiss all hearings and proceedings and matters'of record -concerning certain alleged acts of misconduct on behalf of Patrolman Erwin F. Kowalski, and strike all such matters from:.its records. PETITION FOR DISMISSAL IN THE MATTER OF PATROLMAN ) ERWIN F. KOWALSKI ) CRUMPACKER, MAY, BEAMER, LEVY & SEARER BY Arthur A. Ma�� Attorneys or Patrolman Erwin F. Kowalski PETITION FOR DISMISSAL The Board of Public Works having examined the Petition for Dismissal filed by Crumpacker, May, Beamer, Levy & Searer, attorneys for Patrolman Erwin F. Kowalski, now makes the following written finding: The minutes of the Board of Public Safety with reference to Patrolman Erwin F. Kowalski may be summarized as follows: 1013155 - Erwin F. Kowalski and his attorney Arthur A. May, appeared before the Board of Public Safety in answer to notice served for a charge of violation of regulations, specifically, Rule 12. At said time Arthur A. May, Attorney for said Kowalski asked leave that a bill of particulars be filed setting out the grounds on which the specific charges were to be placed upon the record and further requested that the -notice cancelled and set aside. The Board at said meeting refused the request for cancella- tion of the notice and granted a request for a bill of particulars to be filed. 10/10/55 - Chief Police R. J. Gillen requested additional time to prepare bill of particulars with reference to violation of Rule 12 by Erwin F. Ko- walski, and the Chief of Police was granted two additional weeks. 10/24/55 - Arthur A. May, Attorney for Patrolman Erwin F. Kowalski, was notified by the Board of Public Safety of the deferment. CJ • n U • 0