08/29/07 Board of Public Safety Minutes

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Qi REGULAR MEETING AUGUST 29.2007 Jul J~ YEAR TO DATE PART I OFFENSES 2006 2007 CHANGE 06 07 CHANGE MURDER 2 0 - 2 7 4 - 3 RAPE 5 9 + 4 46 40 - 6 ROBBERY 43 22 - 21 221 208 - 13 AGGRAVATED ASSLT 34 25 - 9 158 165 + 7 BURGLARY RES 122 100 - 22 840 651 - 189 BURGLARY NON RES 55 56 + 1 346 320 - 26, LARCENY 440 362 - 78 2783 2421 - 362 MOTOR VEH THEFT 52 31 - 21 344 298 - 46 ARSONS 9 7 - 2 47 66 + 19 GRAND TOTAL 762 612 - 150 4792 4173 - 619 FIRE DEPARTMENT DISMISSAL OF CHARGES 07-02 -GADACZ Mr. Bodnar advised the Board that Charges 07-02 had an error in the wording in the next to the last line of the factual allegations. The Charges state "Class D Felony", when it should state "crime". Captain James Gadacz was charged with and pled guilty to a Class D Felony, but the Judge elected to treat the matter as a misdemeanor at the time of sentencing. Therefore, upon a motion by Mr. Cottrell, seconded by Mr. BonDurant and carried, the Board withdrew, without prejudice, Charges 07-02. FILING OF CHARGES - 07-03 -CAPTAIN JAMES GADACZ President Rodriguez indicated that unless there were questions or objections by members of the Board, Charge 07-03 as submitted by the Fire Department would be accepted for filing. Upon a motion by Mr. Cottrell, seconded by Mr. BonDurant and carried, the following Charges were accepted for filing; FACTUAL ALLEGATIONS On March 2, 2007, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department, while off-duty, drove his private vehicle while traveling north in the 1100 block of Niles Avenue in the City of South Bend while intoxicated. He had previously been convicted of operating a motor vehicle while intoxicated. As a result of his actions, Captain Gadacz was charged with, pled guilty to and was found guilty of operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a crime, in Cause No. 71D02-0703-FD-00224 in the St. Joseph Superior Court on August 8, 2007. COUNTI The conduct of Captain James Gadacz violates IC 36-8-3-4 (b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and violates Rule 300.00(1) and 300.00(11)(A) of the South Bend Fire Deparment Duty Manual. COUNT II The conviction of Captain James Gadacz in Cause No. 71D02-0703-FD-0024 in St. Joseph Superior Court on August 8, 2007, is a violation of IC 36-8-3-4 (b)(1). It is the recommendation of Chief Buchanon that (1) Captain Gadacz be suspended from duty without pay for (365) calendar days, and (2) Captain Gadacz be demoted in rank from Captain to Engineer effective immediately. The Board instructed the Clerk to send Captain Gadacz a letter of Charges 07-03 and notification of a Hearing scheduled for September 19, 2007. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:34 a.m. BOARD OF PUBLIC SAFETY