11/16/11 Board of Public Safety Meeting

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AGENDA SESSION NOVEMBER 16 2011 57 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, November 16, 2011 with Board Members Patrick D. Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller, and John Collins present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. ADDITIONS TO THE AGENDA Mr. Cottrell noted the addition to the agenda of a request by Legal for a Hearing on whether Best Way Towing should be removed from the City Towing List, and Resolution No. 78 -2011 and Resolution No. 79 -2011, establishing the 2012 Holiday Schedules for the Police and Fire Departments. Board members discussed the following items from the agenda: - Charges 2011-03 -- Britton Odle Mr. Bodnar stated that Ms. Odle is not requesting a Hearing, but is requesting to speak to the Board regarding her punishment. Chief Boykins explained that she wants to address the Board about leniency due to the time of year being close to the holidays and the fact that she has several children. Chief Boykins noted he has not spoken to her about the Charges, but this is what he heard that she was concerned about. Mr. Bodnar informed the Board that he has drafted Findings of Facts. - Application for Retirement — Police Department Chief Boykins stated that Patrolman First Class, Glenn McQueen is retiring from the Police Department and will continue to work security at Indiana University South Bend. - Request for Demotion — Police Department Chief Boykins stated Patrolman First Class Suzanne Dieter has requested she be demoted to Patrolman in the Investigative Division for personal reasons. - Application for Disability Benefits — Police Department Chief Boykins noted the Pension Board has approved Sergeant Ray Wolfenbarger's application for disability benefits, now the Board needs to approve his request, which will go into effect in December. - Request for Hearing -- Best Way Towing Mr. Bodnar informed the Board that last month he received a call from a lady who had her car towed by Best Way Towing after an accident. At the time, the truck driver told her what the charges would be when she picked up her car. When she went to pick up her car she took the exact amount she was told, but when she got there, Best Way told her she owed an additional $10.00 gas surcharge. Mr. Bodnar explained that in the contract with the towing companies it states if gas is over $4.00 a gallon, the tow companies can impose a surcharge. He noted the current gas price is based on the Department of Energy's website. Mr. Bodnar stated in April the cost of fuel was over $4.00, but in May it went below $4.00 and stayed under. He noted this tow occurred over Labor Day weekend. He stated on October 7, 2011, he sent a letter to Best Way stating they should refund all surcharges to all customers that were overcharged. In his Ietter, Mr. Bodnar stated the refunds should be done within thirty (30) days. On November 10, 2011, Lt. Stephen Goen of the South Bend Police Department reported to Mr. Bodnar by e -mail that Best Way had not returned the money to all of the people they had overcharged, and did not say they would. Mr. Bodnar stated the next step is for the Board of Safety to have a hearing at their next meeting regarding the removal of Best Way from the towing list. Mr. Cottrell questioned why they should wait until the next meeting; couldn't they do it today? Mr. Bodnar stated if they want to, they can decide today. Ms. Vasquez asked if they remove Best Way, would they then move the next company on the waiting list up to fill the spot. Mr. Bodnar stated the number of tows has decreased significantly the last couple of years. He noted there use to be six (6) companies, that decreased to five (5), and now he stated he is not sure there are enough tow requests to require the fifth spot to be filled. He stated the Board would need to check the number of tows to determine if another company should be added. He stressed that the existing companies have been cut almost in half on their numbers, and adding another company would reduce the numbers even more. Mr. Bodnar stated he checked with Mishawaka, and South Bend allows the tow companies to charge as much as or more thanMishawaka. He