06/27/12 Special Meeting Board of Public Safety Minutes

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SPECIAL MEETING JUNE 27, 2012 50 case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. Dated this 27th day of June 2012. FILING OF CHARGES NO. 2012-05 — CHRISTOPHER BORTONE In a letter to the Board, Police Chief Charles Hurley requested the Board terminate Patrolman Christopher Bortone's employment with the South Bend Police Department. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman Bortone. FACTUAL ALLEGATIONS On Wednesday, March 31, 2012 at approximately 11:05 p.m. Patrolman Christopher Bortone was dispatched to the Meijer Store located at 3600 N. Portage in reference to a shoplifting case. Officer Bortone spoke with the manager and the loss prevention officer for the store and was told the amount of items stolen was six hundred, fifty -six dollars, and ninety seven cents ($656.97). Patrolman Bortone was given the suspects information and a vehicle description. Patrolman Bortone went code one (documentation that he was at the call) and put a note in that code one that Loss Prevention did not want a code two (actual police report). This was discovered on April 27, 2012 when another officer went to take a police report of a larceny involving the same suspect. On June 3, 2012 Patrolman Bortone was questioned about this incident and he stated that the loss prevention officer did not want a report, but that he sent an MDT (mobile data terminal) message to the other officers in the area with the suspect and vehicle description. In checking with computer services a search was performed of any transmittals being sent by Patrolman Bortone on March 31, 2012 from 10:00 p.m. to 1:00 a.m. on April 1, 2012 and there was nothing found regarding sending out information about a suspect and vehicle to other officers. Patrolman Bortone also stated he drove to Walmart and advised their loss prevention of the suspect and what had occurred at the Meijer store. In speaking with the manager that was on duty at Walmart that evening, they do not recall talking with an officer. They also stated that their loss prevention employees do not work past 10:00 p.m. COUNT I. Patrolman Bortone is found to be untruthful regarding this incident, which reflects unfavorably upon him and upon the South Bend Police Department. Patrolman Bortone has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Sections 302.00 (21 )(34): Rules of Conduct: A. Officers: 21. Shall obtain information in an official and courteous manner and act upon it in a proper and judicious manner within the scope of their duties and consistent with Departmental procedures whenever any person applies for assistance or advice, or make complaints or reports, either by telephone or in person. 34. Shall truthfully answer all questions relating to the scope of their employment and operations of the Department which may be asked of them. Officers shall cooperate fully with any internal investigation COUNT II. Patrolman Bortone is found to be untruthful regarding this incident, which reflects unfavorably upon him and upon the South Bend Police Department. Patrolman Bortone has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section Section 419.00: Dispatch Report /Code One: Section 419.00: 1 I