01202021 Board of Public Safety Meeting

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JANUARY 20, 2021 2 Board choose. Mr. Taylor thanked Attorney Weiss for the updates and clarifications for the Board. Upon a motion by Mr. Miller, seconded by Mr. Heller and carried by roll call, the Board approved the revised Board of Safety Administrative Hearing Rules and Procedures. D. POLICE DEPARTMENT 1.PRESENTATION OF UPDATED DRAFT USE OF FORCE POLICY FOR BOARD REVIEW Mayor Mueller was present and addressed the Board. He congratulated President Taylor on his new role. He shared his optimism about the most recent version of the Use of Force Policy, which incorporates the results of the public input meeting that occurred just before the Board’s last meeting. He hopes the policy will be ready for approval at the next Board meeting. He highlighted some of the changes between December and now, which include an added definition of “reasonableness” in accordance with the ruling in Graham v. Connor, which continues to be a source of consternation for the community as a legal standard, over which we cannot prevail as a City and are accepting as a basis for the policy. The Mayor also noted the original Use of Force Policy that we have been working on was a Lexipol policy, as well as the other Lexipol policies we are updating, which are based off cutting-edge case law; he noted that similarly to their review of the Use of Force Policy, Board members should flag items that may be problematic from a community perspective for further discussion. The Mayor added that other updates include explicit mention of crisis intervention, de-escalation, objective standards for rare cases in which deadly force may need to be used and subject does not have a weapon; the perception of the capacity of someone who could cause bodily harm without a weapon needed to be tied to an objective standard, as well as the addition of an explicit duty for officers to monitor individuals for medical intervention after the uses of force. Other highlights of the policy the community is excited about include explicit mention that deadly force is meant to be used as a last resort; concepts of use of force when necessary, and when used must be proportional to overcome threat; duty to intercede and report; and emphasis on and examples of de-escalation as the preferred means of policing our community. Other items the community raised for further discussion include data collection and reporting. The Mayor asked if there were any questions. Mr. Taylor thank ed the Mayor and said he looked forward to further review. Mr. Heller requested copies with tracked changes, which Attorney Weiss ensured he would receive those following the meeting. 2.APPROVE RE-HIRING OF PATROLMAN 2ND CLASS – CHRISTOPHER VOROS Police Chief Scott Ruszkowski submitted a letter notifying the Board that retired Officer Christopher James Voros has asked to return to the South Bend Police Department and has completed the examination and testing process; Chief requested the Board’s approval to allow Mr. Voros to be re-sworn in as a Patrolman 2nd Class. Mr. Miller remarked on Mr. Voros’ community work and welcomed him back to the Department. Mr. Heller confirmed there were no legal barriers to Mr. Voros rejoining the force, which Chief Ruszkowski confirmed there were not. There being no additional questions, Mr. Jones moved to approve the re-hiring, which was seconded by Mr. Miller and carried by roll call. 3.SWEARING-IN OF PATROLMAN 2ND CLASS – CHRISTOPHER VOROS Officer Chris Brady provided a brief biography of Christopher Voros, highlighting his experience, training, and community involvement. City Clerk Dawn Jones administered the oath. The Board and City Clerk congratulated Officer Voros on his return to the Department. 4.APPROVE PROMOTION TO PATROLMAN 1ST CLASS – JOSEPH COLE Police Chief Scott Ruszkowski submitted a letter to the Board requesting approval of the promotion of Officer Joseph Cole from the rank of Patrolman 2nd Class to Patrolman 1st class. Chief Ruszkowski noted that Officer Cole returned to the SBPD after realizing that