10/10/07 Board of Public Safety Meeting

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G U .S REGULAR MEETING OCTOBER 10, 2007 and carried, the Findings of Fact were signed. FINDINGS OF FACT -CHARGES 07-03 -JAMES GADACZ Mr. Alford announced to those present that Fire Chief Buchanon has presented the Board with a letter of retirement from Captain James Gadacz. Due to this unexpected change of events, the Board would not be presenting their Findings of Fact, and would instead, be approving the retirement of Captain Gadacz. Upon a motion by Mr. Cottrell, seconded by Mr. BonDurant and carried, the retirement was approved effective October 9, 2007. POLICE DEPARTMENT DENY APPEAL FOR HEARING/UPHOLD AND FILE DISCIPLINE -LIEUTENANT SCOTT RUSZKOWSKI Mr. Alford advised that Lieutenant Ruszkowski has submitted to the Board a letter of appeal of Disciplinary Charges filed against him by Police Chief Thomas Fautz, and is requesting a hearing. Mr. Alford noted the Board is acknowledging the receipt of Chief Fautz's response to the appeal for a hearing, and requesting the letter be made a formal part of the agenda. A motion was made by Mr. BonDurant to deny Lieutenant Ruszkowski's request for a hearing, seconded by Mr. Cottrell and carried. Mr. BonDurant also made a motion the Board uphold Chief Fautz's decision that Lieutenant Ruszkowski be ordered to take remedial training in verbal judo and constitutional law, and accept the letter of reprimand be placed in Lieutenant Ruszkowski's personnel file. The motion was seconded by Mr. Cottrell and carried. ACCEPT AND FILE DONATION TO SOUTH BEND POLICE DEPARTMENT Mr. Alford advised the Board of a generous donation of 104 Audiovox FRS-1000 base station weather band/emergency alert radios from the St. Joseph County Emergency Management Agency made to the South Bend Police Department, on behalf of the Community Oriented Policing. These radios have been donated for the use of the South Bend Police Department VIPS Unit and South Bend Police officers. The value of the donation is approximately $1,560.00. There being no further discussion, the donation was accepted and filed. PRIVILEGE OF THE FLOOR Mr. Ken Marks, Fire Department, asked the Board in what capacity Lieutenant Ruszkowski was being judged; as President of the Fraternal Order of Police, or as a Lieutenant of the Police Department. If he was being disciplined as President of the Fraternal Order of Police, he questioned what authority the Board had over him. Mr. Alford stated the Board was basing their decision on viewing of the video tape of the arrest situation, and Lieutenant Ruszkowski's actions as an arresting officer. Lieutenant Ruszkowski asked Mr. Alford if the Board was saying he did not have probable cause to make the arrest. Mr. Alford stated yes, that is what the Board was saying. ADJOURNMENT There being no further business to come before the Board, Mr. Alford declared the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC SAFETY Donald L. Alford, Mer r nita Dempsey, Member ~- G Ppat~ric_k-D_Cottr/ell, Member E" ~" J . Bruce J. BonDurant, Member A EST: inda M. Martin, Clerk