01/16/13 Board of Public Safety Minutes

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REGULAR MEETING JANUARY 16, 2013 POLICE DEPARTMENT APPROVE PERMANENT PROMOTION — BRYAN MILLER In a letter to the Board, Police Chief Charles Hurley recommended that PFC Bryan Miller be promoted permanently to the rank of Sergeant in the K9 Unit, effective February I5, 2011 Chief Hurley stated in his letter that Sergeant Miller was placed in a Special Assignment as a Sergeant in the K9 Unit on February 15, 2012. Upon a motion made by Mr. Miller, seconded by Mr, Collins and carried, the Chief's recommended permanent promotion was accepted and approved effective February 15, 2013, contingent on nothing happening before that date to change his status. PILING OF CHARGES NO. 2013 -01 — THEODORE ROBERT In a letter to the Board, Police Chief Charles Hurley recommended that the following Charges be filed against Patrolman Theodore Robert and he be terminated from the South Bend Police Department. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Chief's recommendation to file and serve Charges No. 2013 -01 on Mr. Robert was approved. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Chief's recommended discipline was accepted. President Cottrell read the following Charges No, 2013 -01: FACTUAL ALLEGATIONS On or about, October 8, 2012, at approximately 11:00 p.m. Patrolman Theodore Robert arrived at the 7 -11 Store located at 1827 S. Miami Street in South Bend, Indiana dressed in his official South Bend Police Department uniform and driving a marked South Bend Police Department squad car. Upon entering the store, Patrolman Robert informed the employees that he was conducting an investigation and attempted to gain information from the employees regarding two cases that were being actively investigated by the South Bend Police Department involving incidents at that store. Patrolman Robert was never assigned to work either of these cases in any capacity by the South Bend Police Department, nor did Patrolman Robert have any involvement in these cases as civilian, witness or otherwise. (South Bend Police Case# 12 -14486 and Internal Affairs Case # AI -12- 0017). While attempting to gain information about the incidents at the store, Patrolman Robert was informed by employees that a Lieutenant from the South Bend Police Department Internal Affairs Unit was already investigating the cases he was inquiring about. In response to this information, Patrolman Robert stated that he was conducting his own investigation and began making derogatory comments about the Lieutenant and the South Bend Police Department. These derogatory remarks involved accusations of racism and allegations of a cover -up. At some point during the incident Patrolman Robert informed the employees that he planned to disclose information regarding these cases to a local news outlet. On or about, October 11, 2012 at approximately 8:30 a.m., Patrolman Theodore Robert called the 7- 11 Store located at 1827 S. Miami Street in South Bend and spoke to the store manager. Patrolman Robert identified himself as a South Bend Police Officer and asked to meet with the store manager to discuss a case. At approximately 9:10 a.m. Patrolman Robert arrived at the 7 -11, in a marked South Bend Police Department squad car, dressed in plain clothes. Upon entering the store, Patrolman Robert identified himself as Officer Robert and informed the manager that he was doing some follow up regarding some incidents that had occurred at the store. Patrolman Robert then attempted gain information from the store manager regarding the same cases that he had previously attempted to gain information about on the night of October 8, 2012. (South Bend Police Case# 12 -14486 and Internal Affairs Case # AI -12 -0017) During the course of the conversation, Patrolman Robert again made derogatory comments about the South Bend Police Department alleging a cover up. In addition, Patrolman Robert requested a copy of the store's video tape of one of the alleged incidents. Patrolman Robert informed the store manager he planned to disclose the tape to a local news outlet. The store manager advised Patrolman Robert that she could not provide him with any information or the requested video and that he would have to speak with the store's business consultant regarding his requests. In response, Patrolman Robert stated he wanted to get the information and provided his contact information to the store manager requesting that the business consultant contact him regarding the matter. On October 17, 2012, at approximately 9:53 a.m., Lt. Lee Ross conducted an Internal Affairs interview with Patrolman Theodore Robert regarding his interactions with the employees at the 7 -11 on October 8, 2012 and October 11, 2012. Patrolman Robert was given all of the proper notifications that he was under investigation by the Office of Professional Standards including his "Garrity Notice." During the course of the interview Patrolman Robert denied: 1) using his official position as a South Bend Police Officer (including identification thereof) to obtain information,