01/28/13 Special Meeting Board of Public Safety Minutes

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SPECIAL MEETING JANUARY 28, 2013 12 POLICE DEPARTMENT FILING OF CHARGES 2013 -02 — JEFF MCKEE In a letter to the Board, Police Chief Charles Hurley requested the Board file the following Charges and suspend Patrolman Jeff McKee from duty for twenty -one (2 1) calendar days without pay, and impose a two (2) year loss of his take home vehicle, to be reduced to one (1) year of official use only of the take home car after successful completion of an Alcohol Program. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman McKee. Comes now, Charles Hurley, Chief of the South Bend Police Department, and prefers written charges against Patrolman Jeff McKee as follows: FACTUAL ALLEGATIONS On October 22, 2012, Patrolman McKee, while off duty, drove his private vehicle while traveling westbound on State Road 2. Patrolman McKee was pulled over a by a Laporte County Sheriff's Deputy regarding an unsafe lane change. While the officer was speaking with Patrolman McKee he smelled a strong odor of alcohol coming from his vehicle. Patrolman McKee was asked to exit his vehicle and submit to a series of field sobriety tests and a Portable Breath Test. Patrolman McKee was transported to the LaPorte County Jail where he submitted to a Certified Breath Test, which indicated .13% Brac. Patrolman McKee was then placed in the custody of the LaPorte County Jail and charged with Operating a Vehicle while Intoxicated and issued a citation for unsafe lane movement. On December 14, 2012, Patrolman McKee pled guilty to an amended charge of Reckless Driving and entered into a Pre -Trial Diversion Agreement with the LaPorte County Prosecutor's Office. During the course of the Internal Affairs investigation into this incident Patrolman McKee admitted to drinking and driving. CHARGES The conduct of Patrolman Jeff McKee is conduct unbecoming of an officer and is in violation of the following: I.C. 36- 8- 3- 4(b)(2)(B) and (H), South Bend Police Department Duty Manual Section(s) 302 (A)(1)(2)(3) entitled Rules of Conduct: 302.00 Rules of Conduct A. Officers I . Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department. 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. Shall obey all criminal laws of the United States of America and any state or local jurisdiction in which they are present. Dated this 28th day of January 2013. FILING OF CHARGES 2013 -03 — PATRICIA BYRD In a letter to the Board, Police Chief Charles Hurley requested the following Charges be filed and a letter of reprimand be placed in Patrolman Patricia Byrd's personnel file and she receive a thirty (30) calendar day suspension from duty without pay. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman McKee. Comes now, Charles Hurley, Chief of the South Bend Police Department, and prefers written charges against Patrolman Patricia Byrd as follows: