01/19/2011 Board of Public Safety Meeting

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REGULAR MEETING JANUARY 19, 2011 4 standard and scope to similar services furnished by the City to other areas regardless of similar topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 5, 6, and 7 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the 19th day of January, 2011. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Juanita Dempsey, President s /Patrick Cottrell, Member sBruce J. BonDurant, Member s /Laura Vasquez, Member s /Eddie Miller, Member Attest: s/Linda Martin, Clerk POLICE DEPARTMENT FILING OF CHARGES NO. 01 -2011— CHRISTOPHER BORTONE FACTUAL ALLEGATIONS On November 22, 2010 Christopher Bortone, a sworn member of the South Bend Police Department, while off duty but driving a South Bend Police Department vehicle drove into the front parking lot at 270 Day Rd., Mishawaka, Indiana, which is the place of employment of his ex -wife, Sara Bortone. He proceeded to remove a temporary license plate from his ex- wife's vehicle, 2003 Ford Expedition without her permission, gave no notice that he had done so and left. On November 30, 2010 Christopher Bartone was interviewed by Lt. Lee Ross of the South Bend Police Department Office of Professional Standards. At that time Lt. Ross read a statement to Bortone, part of which statement stated: You're are not to discuss or engage in any of the following conduct with the complainant and /or witness(es): threatening, harassing, stalking, surveillance, or other such behavior designed to interfere with this administrative investigation. Despite this order from Lt. Ross, Bortone twice attempted to contact his ex -wife to persuade her to contact Lt. Ross and ask him to drop the case. CHARGES COUNTI On November 22, 2010 Bortone surreptitiously removed property belonging to his ex -wife, using South Bend Police Department property to transport himself to and from the scene, which actions reflected unfavorably upon him and upon the South Bend Police Department. These were violations of Rules (A)(1) and (2) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer, all in violation of I.C. 36- 8- 3- 4(b)(2)(B)(G)and (H). COUNT II Sometime after November 30, 2010, Christopher Bortone attempted to interfere with an internal investigation of his actions by twice attempting to contact his ex -wife to have her try and persuade Lt. Ross to drop the investigation. Said actions violated the Office of Professional Standards General Order Section III(C) and disobeyed a lawful order given him by Lt. Ross November 30, 2010, which conduct is unbecoming a South Bend Police officer, and violated Rules (A)(1)(2) and (28) of the South Bend Police Department Duty Manual Section 302.00, all in violation of I.C. 36-8-3 - 4(b)(2)(B)(G) and (H).