10/05/05 Board of Public Safety Minutes

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~; l' ~~•- i ~ ~ REGULAR MEETING OCTOBER 5, 2005 May 25, 2005 by Judge Marnocha. Corporal Johnson has been back on duty with the Police Department as of June 1, 2005. Mr. Agostino referred to I.C. § 36-8-3-4 (a), 36-8-3-4 (b), 36-8-3-4 (c) and 36-8-3-4 (n). Mr. Agostino stated that I.C. § 36-8-3-4 (n) gives the Board of Public Safety discretion to award back pay if the officer's Court charges are dismissed and the officer is exonerated of the criminal matter. Mr. Agostino also reminded the Board that they are bound by the presumption of innocence. In this case, Corporal Johnson was exonerated of the criminal charges. Mr. Agostino stated that Corporal Johnson is asking for the back pay for the period of the administrative leave be reinstated by law. Mr. Bodnar did not agree with Mr. Agostino's presentation of the presumption of innocence, as it is a criminal concept. Mr. Bodnar stated that Corporal Johnson was not exonerated of the charges as all blame of the case was not completely cleared. The case was dismissed due to a technicality. The criminal charges were not exonerated. Mr. Bodnar submitted a copy of the criminal charges against Corporal Johnson into evidence as Exhibit 1. The Board overruled Mr. Agostino's objection to Mr. Bodnar's evidence. Mr. Bodnar proposed to enter the Indiana Department of Revenue Criminal Investigation Case Report as Exhibit 2. The Board sustained the objection of Mr. Agostino and the Case Report was not entered into evidence. The attorneys argued the admissibility of evidence in this matter. The Board adjourned for a recess at 9:25 a.m. and returned at 9:28 a.m. Mr. Simeri informed Mr. Bodnar and Mr. Agostino that the Board would accept any form of evidence that either attorney prepared. Mr. Bodnar and Mr. Agostino argued the admissibility of evidence in regard to the criminal case against Corporal Johnson. The Board adjourned for a recess at 9:47 a.m. and returned at 9:55 a.m. Mr. Simeri informed the attorneys that they would only hear evidence that pertained to the issue of back pay and whether or not the dismissal of case due to an error of the prosecutor is considered exoneration of the charges. Mr. Bodnar offered to continue the hearing until other charges were thoroughly investigated by the Police Department and the issues could be consolidated. Mr. Agostino objected to the continuance with the objection sustained by the Board. Mr. Bodnar stated that Mr. Julius Cheney, Corporal Johnson's business partner, was subpoenaed for the hearing and was present. Mr. Cheney would have testimony that Corporal Johnson had the ability to write checks on the business account, carry cover charges from the front door to the safe, choose vendors and make purchase decisions, sign promissory notes in connection to the business, had an account with the beverage distributors in his name and received checks from the business. Further, Mr. Bodnar stated that Mr. Cheney would have testimony as to Corporal Johnson visiting his home, taking a sealed envelope with an undisclosed amount of money in it, and then leaving. This information was offer of proof, not evidence, as stated by Mr. Simeri. Mr. Bodnar called Corporal Johnson to testify. Mr. Simeri swore in Corporal Johnson. Mr. Bodnar questioned Corporal Johnson as to his earnings while he was on administrative leave. Corporal Johnson admitted to receiving monetary earnings while on administrative leave and agreed to provide the Board with his tax returns during that time. Mr. Simeri informed Mr. Agostino and Mr. Bodnar that they were not prepared to make a decision at this time. An Executive Session was set for October 7, 2005 at 1:30 p.m. with a Regular Meeting at 3:30 p.m. The Clerk was instructed to post the agenda and notify the media and other Persons who have requested notice of the meeting agenda. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 10:10 a.m. BOARD OF PUBLI AFETY ~~ --~ ~~ Jesu odriguez, President Donald L. Alford, Me er 1 1 1