03/21/12 Board of Public Safety Minutes

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REGULAR MEETING MARCH 21 2012 20 that PFC Bortone was at his residence in Mishawaka. Let it be noted that earlier in the fall of 2011, PFC Bortone had concerns that his wife's ex- husband was being released from prison and that he may come to the apartment during Bortone's work hours. There was a period of time (two or three rotations per Captain Rynearson) that the supervisors did allow PFC Bortone to go check on his residence. However after those rotations PFC Bortone was advised that he was not to go home unless he had an emergency and received permission from a supervisor. He was also told to contact Mishawaka Police under those circumstances. PFC Bortone caused an officer safety issue by not being close to his assigned beat and failed to receive permission from a supervisor prior to leaving the city. CHAR(iF.0 COUNT 1[. On December 15, 2012, Bortone failed to notify his supervisor, or someone else in authority, before leaving his duty station or beat and traveled to Mishawaka on a personal matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(7)of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. COUNT 11. On December 15, 2012, Bortone, failed to promptly obey all orders of a superior or orders given via police radio by failing to respond to call in a timely matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(13) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. COUNT 11110. On December 15, 2012, Bortone, failed to remain at his assignment and on duty and was not properly relieved or dismissed by a supervisor before traveling to Mishawaka on a personal matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(45) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. APPROVAL OF SPECIAL POLICE COMMISSION - Jack Ruscoe Police Chief Darryl Boykins recommended that a Special Police Commission for the Block by Block on- street patrol parking enforcement be issued effective March 21, 2012, until revoked, for the above referred to individual. These Commissions are issued for on- street patrol parking enforcement personnel and they do not include the carrying of a weapon or the powers of arrest. The aforementioned individual has met the Commission requirements of the South Bend Police Department. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Special Police Commission was approved. TABLE REQUEST FOR DEMOTION — JAMES WALSH In a letter to the Board, Police Chief Darryl Boykins requested the Board demote Sergeant James Walsh from the rank of Sergeant to Patrolman First Class, and a letter of reprimand be placed in his personnel file. President Cottrell noted that Legal has asked to table this request until further review. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommendation was tabled until further review. ACCEPT AND APPROVE RESIGNATION — FRANK BEIGELBECK In a letter to the Board, Chief Boykins advised he is in receipt of a letter of resignation from Patrolman Frank Beigelbeck in which he tenders his resignation from the South Bend Police Department, effective April 5, 2012. Chief Boykins stated in his letter, that Patrolman Beigelbeck was sworn on the South Bend Police Department on April 21, 2003. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins carried, the resignation was accepted and approved. APPROVE REVISED DUTY MANUAL CHANGES In a letter to the Board, Police Chief Darryl Boykins presented a revision to General Order Traffic Crashes, Section E., Part 11, Hit and Run Investigations. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the revised changes to the Duty Manual were approved.