01/16/13 Board of Public Safety Minutes

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REGULAR MEETING JANUARY 16 2013 6 evidence and /or conduct an unauthorized investigation; 2) knowledge of ongoing South Bend Police Department investigations into the incidents he was attempting to investigate; 3) attempting to obtain information and /or investigate the facts relating to South Bend Police Case# 12- 14486; 4) informing the employees of the 7 -11 that he intended to release information regarding the incidents he was investigating to a local news outlet on October 8, 2012; 5) making derogatory remarks on October 11, 2012, about the South Bend Police Department alleging a cover up to the 7 -11 store manager; 6) informing the store manager on October 11, 2012, that he wanted to obtain a copy of the store's video tape of one of the incidents so he could release it to a local media outlet. CHARGES COUNTI- For his actions, on or about October 8, 2012, of using his official position as a South Bend Police Officer (including identification thereof) to obtain information, evidence and /or conduct an unauthorized investigation, Patrolman Robert acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Robert's actions are a violation of rules and conduct unbecoming of an officer in violation of I.C. 36- 8- 3- 4(b)(2)(B) and (H) and the South Bend Police Department Duty Manual, Section 302.00 Rules of Conduct (A) subsections (2) and (18) entitled, which state: A. Officers Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself /herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 18. Shall not use their official position or official identification or badge for personal or financial gain, for obtaining privileges not otherwise available to them except in the performance of their duties, or for avoiding consequences of illegal acts. Officers shall not lend another person their identification or badge or permit them to be photographed in conjunction with their official title in connection with testimonials, advertisements or any commodity or commercial enterprise without the approval of the Chief of Police. COUNT II For his actions, on or about October 8, 2012, of using his official position as a South Bend Police Officer (including identification thereof) to obtain information, evidence and/or conduct an unauthorized investigation into multiple incidents that Patrolman Robert knew and /or was on notice of were being investigated by another South Bend Police Department Officer, Patrolman Robert acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Robert's actions are a violation of rules and conduct unbecoming of an officer in violation of I.C. 36- 8- 3- 4(b)(2)(B) and (H) and the South Bend Police Department Duty Manual, Section 302.00 Rules of Conduct (A) subsections (2) and (28) entitled, which state: A. Officers 2. Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself /herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 28. Shall not knowingly interfere with the investigation, assigned task or duty assignment of another. They shall not interfere with cases assigned to other officers for investigation without consent, except