01/26/12 Special Meeting Board of Public Safety Minutes

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SPECIAL MEETING JANUARY 26, 2012 9 The Board of Public Safety met in a Special Meeting at 8:13 a.m. on Thursday, January 26, 2012 with Board President Patrick D. Cottrell and Board Members Laura Vasquez, Eddie Miller, and John Collins present. Also present were Fire Chief Howard Buchanon, Assistant Chief Steve Cox, and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. ' FILING OF CHARGES 2012 -01 — TONY SCHELSKE In a letter to the Board, Fire Chief Howard Buchanon requested the Board place Firefighter Schelske on a nine (9), eight (8) hour day suspension from duty without pay. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Chiefs recommendation was approved and the following Charges were approved to be served upon Firefighter Schelske. FACTUAL ALLEGATIONS On January 6, 2012 while working as a Captain in Special Assignment at the Park Jefferson Apartment fire, Firefighter Is` Class Tony Schelske took his Personal Communication Device and recorded the fire on his device in violation of SBFD Duty Manual Section 404.00. He then subsequently uploaded the aforementioned footage to the intemet site YouTube, therefore violating SBFD Duty Manual Section(s) 404.01 (F) and (G). COUNT I. Violation of Duty Manual Section 404.00: Use of Personal Communications Devices No firefighter shall use a cellular phone or other personal communication device while responding to or at the scene of any emergency incident. Such employees are expected to focus on the emergency at hand. COUNT II. ' Violation of Duty Manual Section 404.01: Dissemination of Fire Department Information via Internet or Otherwise F. No firefighter shall post to any intemet site or transmit any photograph and/or image created or otherwise obtained during the course of his or her official duty. G. All photographs and images obtained during the course of official duty are the sole and exclusive property of South Bend Fire Department. PRIVILEGE OF THE FLOOR Captain Fred Jaronik, South Bend Fire Department, presented the Board members with a copy of the following question for Fire Chief Buchanon, and read it out loud: "For the Record — Are all incidents of impropriety involving the intemet and the rules, regulations, and/or policies of the City of South Bend/South Bend Fire Department, past and present, received fair treatment and due process in accordance with said rules, regulations, and/or policies ?" Fire Chief Howard Buchanon stated yes, they have. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 8:18 a.m. BOARD OF PUBLIC SAFETY