03/16/2011 Board of Public Safety Meeting

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REGULAR MEETING MARCH 16, 2011 16 set a hearing date or approve the Findings of Fact in the case. FACTUAL ALLEGATIONS On Saturday, October 23, 2010 at approximately 8:35 p.m. James Walsh was driving his personal vehicle on State Road 2 in New Carlisle, Indiana. At that time he was pulled over for possible speeding by an Indiana State Trooper. He was ticketed for speeding and operating a vehicle while intoxicated. Sgt. Walsh was taken to the St. Joseph County Jail and consented to take a certified breathalyzer test on which he tested 0.11 BrAC. A misdemeanor case was filed against him in the St. Joseph Superior Court, Traffic and Misdemeanor Division, Cause No. 71D01- 1010 -CM- 05945. On February 23, 2011 Sgt. Walsh pled guilty to the misdemeanor crime of reckless driving. His guilty plea was accepted. CHARGES COUNTI The conduct of Sgt. James Walsh on October 23, 2010 violated I.C. 36- 8- 3- 4(b)(2)(B) and (H), because his conduct was unbecoming a police officer and violated Section 302.00(1)(2) and (3) of the South Bend Police Department Duty Manual which states: Section 302 - Rules of Conduct Officers: Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department." "Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action." "Shall obey all criminal laws of the United States of America and of any state or local jurisdiction in which they are present." " COUNT II The conviction of Sgt. James Walsh in Cause No. 71D01- 1010 -CM -05945 in St. Joseph County Superior Court, Traffic and Misdemeanor Division of February 23, 2011 is a violation of I.C. 36-8-3 - 4(b)(1). RECOMMENDATION Due to his actions, Chief Darryl Boykins recommended that the assessed disciplinary action consist of suspension from duty without pay for twenty -one calendar days, and a letter of discipline placed into his personnel file. Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Board accepted the Charges for filing and instructed the Clerk to serve the Charges on Sergeant Walsh. ACCEPT AND APPROVE RESIGNATION — THOMAS SHORT President Dempsey advised that the Board is in receipt of a letter of resignation for personal reasons, from Patrolman Thomas Short in which he tendered his resignation from the South Bend Police Department, effective March 11, 2011. Chief Boykins stated in his letter, that Patrolman Short was sworn on the Police Department on June 2, 2010. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the resignation was accepted and approved. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 9:25 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President