09/15/10 Board of Public Safety Meeting

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REGULAR MEETING SEPTEMBER 15, 2010 80 LARCENY 351 347 - 4 2516 2234 - 282 MOTOR VEHICLE THEFT 35 33 - 2 227 214 ARSONS 5 4 - 1 27 33 8 + 6 GRAND TOTAL 662 687 + 25 4544 4478 - 66 FILING OF CHARGES 2010 -06 —CORPORAL ANTHONY SCOTT The Board was presented with Charges signed by Police Chief Boykins against Corporal Anthony Scott. Attorney Bodnar stated that given there are allegations contained in this case and it is outside of the State of Indiana, he is asking for a Notice of Evidentiary Deposition be also filed and served on Corporal Scott along with his Charges. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Board accepted the filing of Charges 2010 -06, and requested the Clerk have the Charges served upon Corporal Scott along with the Notice of Evidentiary Deposition. The following charges were filed: FACTUAL ALLEGATIONS On June 26, 2010 at approximately 10:00 p.m., Anthony Scott, a sworn member of the South Bend Police Department, while off duty in a vehicle westbound on 1 -196 near the 44th Street off ramp in Grandville, Michigan, twice struck Tamara Sue Brinks, an individual with whom he had a dating relationship. Although previously Brinks had not let Scott drive the car because she felt he was too drunk and he subsequently tested with a blood alcohol level of 0.203 on the PBT, Scott drove off in the vehicle. He was arrested by the Grandville Police Department and charged with domestic violence in the 59'h Judicial District Court of the State of Michigan, Cause No, G10 -0563. On August 4, 2010 Scott pled guilty to a violation of Section 15 -66 of the Grandville City Ordinance (Attached as Exhibit "A "), a misdemeanor in the State of Michigan. CHARGES COUNT I On August 4, 2010 Cpl. Anthony Scott was convicted of a crime in 59`h Judicial District Court of the State of Michigan which is a violation of I.C. 36- 8- 3- 4(b)(1). COUNT II By driving the automobile on June 26, 2010, Scott violated Rule 302.00(A)(2) and (3) of the South Bend Police Department Duty Manual and committed conduct unbecoming a South Bend police officer, all in violation of I.C. 36- 8- 34(b)(2)(B),(G), and (H). COUNT III By striking Tamara Sue Banks on July 26, 2010, Scott violated Rule 302.00(A)(2) and (3) of the South Bend Police Department Duty Manual, Domestic Violence General Order No. IV and committed conduct unbecoming a South Bend police officer, all in violation of I.C. 36-8 - 34(b)(2)(B),(G), and (H). FIRE DEPARTMENT CHARGES 2010 -05 — JORDAN JOSTES Attorney Thomas Bodnar informed the Board of a letter of resignation received from Firefighter Jordan Jostes on September 14, 2010. In his letter, he requested the Board approve his resignation effective October 22, 2010. Attorney Bodnar stated he is waiting for feedback from Mr. Jostes' attorney, Chip Lewis. He informed the Board that he had spoken to Mr. Lewis but did not know if the message had been conveyed to Mr. Jostes yet. Mr. Bodnar suggested since the Board was in limbo currently, waiting for feedback, they should adjourn or recess and set a continuation of this meeting, or a meeting on this matter. However, Mr. Cottrell made a motion that Firefighter Jostes resign effective today, September 15, 2010, by 4:30 p.m. or his employment be terminated with the South Bend Fire Department, Mr. BonDurant seconded the motion, which carried. Attorney Bodnar stated the Board would need to schedule another meeting to deal with this once contact is made with Mr. Jostes. The Board agreed to set a Special Meeting on Wednesday, September 22, 2010 at 8:00 a.m., in the Boardroom, 1308 County -City Building. ADJOURNMENT