03/09/05 Board of Public Safety Minutes

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.',r s k A '~~}i REGULAR MEETING MARCH 9.2005 FIRE DEPARTMENT ACCEPT AND FILE CHARGE OS-02 -ENGINEER GALE EVANS In a letter to the Board, Fire Chief Luther Taylor submitted Charge No. OS-02 in the matter of Charges against Engineer Gale Evans. FACTUAL ALLEGATIONS ' Engineer Gale Evans was a member of the South Bend Fire Department during 2004. On the 3rd day of December, 2004, at the Osco Pharmacy at 4401 West Western Avenue, South Bend, Indiana, Engineer Evans acquired possession of a controlled substance, Vicodin, by presenting a prescription slip which was not authorized by the doctor listed on the prescription. On March 2, 2005, the St. Joseph Superior Courtin Cause No. 71 D02-0412-FD-01228, State of Indiana v. Gale Evans, found Gale Evans guilty of acquiring possession of a controlled substance by fraud, deception, or forgery, a Class D felony, a case which arose out of the December 3, 2004 incident. On or about June 29, 2004 at the CVS Pharmacy at 50660 U.S. 31 North, Engineer Evans acquired possession of a controlled substance, Delaudio, a legend drug without a valid prescription. On March 2, 2005, the St. Joseph Superior Court in Cause No. 71D03-0501-FD-00043, State ofIndiana vs. Gale Evans, found Gale Evans guilty of possession of a legend drug, a Class D felony, which arose out of the June 29, 2004 incident. COUNT I. The conviction of Engineer Gale Evans in Cause No. 71D02-0412-FD-01228 is a violation of I.C. 36-8-3-4(b)(1). COUNT II. The conviction of Engineer Gale Evans in Cause No. 71D03-0501-FD-00043, St. Joseph Superior Court, is a violation of I.C. 36-8-3-4(b)(1). , Chief Taylor recommends that Engineer Gale Evans be discharged from the South Bend Fire department in accordance with I.C. 36-8-3-4. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, Charge OS-02 was accepted and filed, and the Board Clerk was asked to forward the appropriate paperwork to Engineering Gale Evans. Mr. Bodnar presented the paperwork to Mr. Evans, who was present at the meeting. ACCEPT AND APPROVE RETIREMENT -CHIEF ROBERT X. OUINN President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and Declaration for Retirement for Chief Robert X. Quinn, effective March 2, 2005. Chief Taylor noted that Mr. Quinn has served the Department with loyalty and distinction during the last thirty-four (34) years and nine (9) months. Chief Taylor joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the retirement was accepted and approved. ACCEPT AND APPROVE RETIREMENT -ENGINEER RONALD WISNIEWSKI President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and Declaration for Retirement for Engineer Ronald Wisniewski, effective March 3, 2005. Chief Taylor ' noted that Mr. Quinn has served the Department with loyalty and distinction during the last thirty- five (35) years. Chief Taylor joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the retirement was accepted and approved. FILING OF MONTHLY STATISTICAL REPORT -JANUARY 2005 Chief Robert Quinn submitted to the Board the monthly report for the month of January 2005 complied by the Prevention/Inspection Bureau of the Fire Department.