09/27/07 Board of Public Safety Minutes - Special Mtg

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Y.~ ~ SPECIAL MEETING SEPTEMBER 27, 2007 The Board of Public Safety met in a special meeting at 8:03 a.m. on Thursday, September 27, 2007, with President Jesusa Rodriguez and Board Members Patrick Cottrell, Juanita Dempsey and Bruce J. BonDurant present. Board Member Donald Alford was not present. Also present during the session were Fire Chief Howard Buchanon, Police Chief Thomas Fautz, and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room,13~` Floor, County-City Building, South Bend, Indiana. MOMENT OF SILENCE ' President Rodriguez requested the Board take a moment of silence in honor of Mr. John Floyd, a retired Police officer with the South Bend Police Department who died this week after his house exploded. ADDITION TO THE AGENDA - Request to Revoke Special Police Commission FIRE DEPARTMENT CHARGE 07-04 -ENGINEER SHANE RICHARDS Mr. Bodnar presented the Board with the Certificate of Service showing that Engineer Shane Richards was served Charge 07-04 on behalf of the Board of Safety, on September 19, 2007. Mr. Bodnar asked Linda Martin, the Clerk of the Board if she has received a request for a Hearing from Engineer Richards or his attorney. Ms. Martin stated she had not. Mr. Bodnar noted the five day limit to appeal to the Board for a Hearing has expired, and the Board needs to make a decision whether to approve Fire Chief Buchanon's recommendation to terminate the employment of Engineer Richards. President Rodriguez stated the Board was not prepared to make the decision and needed to discuss it in the Executive Session following this special meeting. APPROVE RIETH-RILEY AGREEMENT Mr. Bodnar presented the Board with an Agreement between the South Bend Fire Department Swift ' Water Rescue Team and Rieth-Riley Construction Company, Southwest Comer of Orange Road and U.S. 23 South, South Bend, Indiana. The South Bend Fire Department Swift Water Rescue Team has been utilizing a deep artificial lake on the land for years, and Rieth-Riley Construction Company is concerned about their potential liability should any accidents occur. The parties have negotiated an agreement to protect Rieth-Riley from liability, and authorize them to end this agreement at any time with written notice to the Fire Chief. This particular lake is very helpful in the training of new divers as it has exceptional clarity.. Therefore, it is considered by the Fire Department to be in its best interest to enter into this Agreement. Upon a motion by Ms. Dempsey, seconded by Mr. BonDurant and carried, the Agreement was approved. ADDITION TO THE AGENDA Mr. Bodnar stated he has an addition to the agenda that he just got notice of at 7:58 a.m. The Police Department is requesting the Board's approval of their request to revoke the Special Police Commission of Kevin Greenwood, for the City of South Bend Police Department Civilian Volunteer Officer Unit. The Board stated they were not prepared to make a decision and asked to discuss it in their Executive Session. Mr. Bodnar advised the Board could recess and re-convene at a later time to rule on the request. Therefore, upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the Board agreed to recess for the Executive Session, and reconvene at 9:15 a.m. RECESS The meeting recessed at 8:10 a.m. ' BOARD OF PUBLIC SAFETY Jesusa Rodriguez, President ~G Donald L. Alford, Me er