10/17/12 Board of Public Safety Minutes

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REGULAR MEETING OCTOBER 17, 2012 74 Sergeant Eugene Eyster be promoted to the rank of Lieutenant in Special Assignment as the Traffic and Special Events Coordinator effective October 17, 2012. Chief Hurley stated there were many officers interested in the position but Sergeant Eyster's good record and time on the Police Department made him the best candidate. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the recommended promotion was accepted and approved. Chief Hurley presented his badge to Lieutenant Eyster and joined the Board in congratulating him on his service and a job well done. RESET HEARING OF CHARGES NO. 2012 -05 — CHRISTOPHER BORTONE — APPROVE CHANGE IN ADMINISTRATIVE LEAVE STATUS In a letter to the Board, Attorney Andrea Beachkofsky stated that due to unforeseen circumstances the parties respectfully request that the hearing date of October 25, 2012, in the matter of Charges No. 2012 -05 against Officer Christopher Bortone be cancelled, and the matter reset for hearing on December 4, 2012. Pursuant to I.C. 36- 8 -3 -4, the parties have mutually agreed to this date. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Hearing date of Charges No. 2012- 05 of October 25, 2012 was reset to December 4, 2012. Additionally, Ms. Vasquez made a motion that due to this delay, effective October 25, 2012, Officer Bortone's status be changed from relieved of duty with pay, to be relieved of duty without pay. Mr. Collins seconded the motion, which carried. SET HEARING FOR CHARGES NO. 2012 -07 — JACK STILP In a letter to the Board, Ms. Beachkofsky stated pursuant to LC.36 -8 -3 -4 the parties have mutually agreed to set the hearing of Charges No. 2012 -07 against Officer Jack Stilp, to December 7, 2012. She noted all parties were in agreement to set the hearing outside of the thirty (30) day timeline. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the setting of the Hearing of Charges No. 2012 -07 was approved for December 7, 2012. APPROVE FINDINGS OF FACTS — CHARGES 2012 -06 — MICHAEL VANVYNCKT Mr. Cottrell stated that at the previous meeting of the Board, the discipline letter from Chief Chuck Hurley recommending a thirty (30) day suspension without pay for Officer Michael VanVynckt was approved and the Board has now been presented with the Findings of Fact confirming their approval. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Findings of Fact were approved. Ms. Beachkofsky noted there is a scrivener's error in Paragraph Three (3) that she will correct and provide the Clerk of the Board with a clean copy. LETTER FROM COMMON COUNCIL Mr. Cottrell stated the Board is in receipt of a letter from Common Councilman Oliver Davis dated September 20, 2012, regarding Whistleblower Protection procedures and the Board of Safety's policy. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board acknowledged the letter from the Council and authorized Ms. Beachkofsky to look at the Ordinance and State Statute on Whistleblower policies, and respond. RATIFY RESOLUTION NO. 59 -2012 — AMENDING SECTION III OF RESOLUTION NO. 31- 2012 TO EXTEND THE APPOINTMENT OF AN AGENT/NEGOTIATOR FOR THE ONGOING POLICE DEPARTMENT NEGOTIATIONS Mr. Cottrell stated that on August 8, 2012, the Board approved Resolution No. 59 -2012 subject to the paperwork. He stated Ms. Beachkofsky has now presented the paperwork for the Board's ratification and signature. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following resolution was ratified: . RESOLUTION 59 -2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AMENDING SECTION III OF RESOLUTION NO. 31-2012 TO EXTEND THE APPOINTMENT OF AN AGENT/NEGOTIATOR FOR THE ONGOING POLICE DEPARTMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator ofthe Police Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Police Department pursuant to Indiana Code §36- 8 -3 -2; and