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441`
<br />12-5/55 - The Board considered the charges "on -file" against Patrol-
<br />man Erwin F. Kowalski asset out by a bill of particulars, and set
<br />the 12th day of December, 1955, for disposition.
<br />. 12 12/55 - / Arthur A. May, appeared before the Board of Public Safety
<br />and requestedthirrty days continuance. Request granted. Hearing set
<br />for January 9, 1956.
<br />1/9/56 - A new Board of Public r Safety -representing the City of South
<br />Bend, not having had the opportunity to examine the file'continued the
<br />matter to the 13th day of February, 1956, and Crumpacker, May , Beamer,
<br />Levy & Searer on behalf of Erwin F. Kowalski filed Petition for Dismissal.
<br />The Board of Public Safety has examined all -papers attendant to this file, be-
<br />�inning with a letter directed by the Chief of-'Pol ce, R. J. Gillen on the 29th day of
<br />September, 1955 to Erwin F. Kowalski, directing him to appear before the Board of Public
<br />Safety for violation of Rule 12 of the Official Rules and Regulations of the South Bend
<br />Police Department on the 3rd day of October, 1955•
<br />Nowhere in the minutes of -the -Board of Public Safety is there to be found the
<br />n�otice on the part of the Board of Public Safety to Erwin F. Kowalski with reference to
<br />vviolation of Rule 12.
<br />Subsequently, an examination -of the file discloses a letter directed to Erwin
<br />. Kowalski on the 22nd day of November, 1955 setting out a bill of particulars. A copy
<br />f this letter shows that the bill -of particulars was signed by the City Attorney in his
<br />apacity as City Attorney and not as -President of the Board of Public Safety, and nowhere
<br />n the minutes of the Board of Public Safety does there appear a copy of the bill of part
<br />culars.
<br />On examination of Section 48-6105, 1950 Replacement, Burns Indiana Statutes, i
<br />Found the following with reference to members of the police force and fire department:
<br />•"They may be removed for any cause other than politics.,. after written
<br />notice is served upon such -member in person or by copy left at his last
<br />and usual place of residence notifying him or her of the time and place
<br />of hearing, and after an opportunity for a hearing is given, if demand-
<br />ed, and the written reasons for such removal shall be entered upon the
<br />records of such board. On the conviction in any court of a member of
<br />I the said fire or police fort e, including police radio operators and
<br />police signal and fire alarm operators, of any criminal offense, or up-
<br />on a finding and decision of -the board that any such member. has been or
<br />is guilty of neglect of duty, or of violation of rules, or neglect or
<br />disobedience of orders, or of -incapacity, or absence without leave, or
<br />• i immoral conduct, or -conduct injurious to the -public peace or'welf are or
<br />conduct unbecoming-dn officer, or Other breach of discipline, such com-
<br />missioners shall have power to punish the offending party by reprimand,
<br />forfeiture, suspension without pay, dismissal,or by reducing him or her
<br />to a lower grade and pay."
<br />Further examination of the statute discloses that the charge made must be spec:
<br />Ific as to time, place and nature of offense or offenses charged.
<br />It is the finding of this Board that it is the duty of the Board of Public Safe
<br />ty to bring its written charges clearly within the statute providing therefore, and that
<br />lErwin F. Kowalski could be tried before the Board of Public Safety only when the written
<br />• reasons are entered upon the records.of the Board.
<br />i
<br />It is further the opinion of the Board of Public Safety that nowhere in the re-
<br />cords appear notice, charges or bill of particulars emanating from the Board of Public Sa
<br />fety as required by the stature of the State of Indiana.
<br />We cite the case of City of Fort Wayne v Bishop, 228 Ind. 30 • 92 N.E. 2nd 5 ,
<br />wherein the court stated:
<br />"The Board of Public Safety agreeable with the statute under which it
<br />was acting, could not have a quaise star Chamber session without a suf-
<br />ficient written charge against appellee duly entered upon record, hear
<br />evidence and then adjudge appellee guildty of offenses with which she
<br />she had not been charged."
<br />This Board of Public Safety cannot hear evidence of charges against the said Er
<br />win F. Kowalski when no lawful charges have been filed.
<br />It is,therefore, the finding of this Board of Public Safety that the Petition fr .
<br />Dismissal of charges against Erwin F. Kowalski heretofore filed on the 9th day of January]
<br />1956 be sustained. i
<br />Irving J. Smith
<br />Frank J. Bruggner
<br />I �
<br />R. S. Andrysiak
<br />I BOARD OF PUBLIC WORKS & SAFETY
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