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

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SPECIAL MEETING JANUARY 28 2013 13 FACTUAL ALLEGATIONS On September 18, 2012 Patrolman Byrd requested and was granted funeral leave for September 19 - 21, 2012. At the time of her request Patrolman Byrd was advised by her Supervisor as to the Department's rules and regulations that entitled an Officer to funeral leave. Patrolman Byrd confirmed with her Supervisor that she knew the rules and regulations and that her request was in compliance. Patrolman Byrd subsequently received information on September 18, 2012, that disqualified her from obtaining the funeral leave. Patrolman Byrd was aware that this information disqualified her for funeral leave and failed to report this information to her Supervisor or cancel the funeralleave. On September 19 -21, 2012 Patrolman Byrd took the aforementioned funeral leave to which she knowingly was not entitled. Patrolman Byrd failed to disclose that she knowingly took leave to which she was not entitled or the details that gave rise to the disqualification until she was questioned about the incident by her Supervisor in November of 2012. At that time, Patrolman Byrd admitted that she knew that the information she received after requesting the leave changed her circumstances so that she was not entitled to take the leave but took the leave anyway. In addition, Patrolman Byrd further admitted that she did not attend the funeral. CHARGES COUNTI For her actions of taking funeral leave for which she knew she was not entitled Patrolman Byrd is found to be in violation of the following: I.C. 36- 8- 3- 4(b)(2)(B) and (H), South Bend Police Department Duty Manual, Section 301.06 entitled "Integrity", South Bend Police Department Duty Manual Section(s) 302 (A)(1)(2)(30)(51) entitled Rules of Conduct, South Bend Police Department Duty Manual Section 430.00 entitled Funeral Leave Policy: 301.06 Integrity The public demands that the integrity of its law enforcement officers be above reproach. In the performance of duty, an officer must not only do what is right, but also what seems right. The suspected dishonesty or actual dishonesty of a single officer may impair public confidence and case suspicion upon the entire Department. Let it be understood that succumbing to even minor temptations can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness, and may contribute to the corruption of others. An officer must scrupulously avoid, then, any contact which might compromise personal integrity, the integrity of the fellow officers, or the integrity of the Department. 302.00 Rules of Conduct B. Officers 1. Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department. 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. 51. Shall study and understand the Departmental regulations, procedures, policies, duties and responsibilities, general and special orders, City Ordinances, State Laws and Federal Laws. They shall obtain the assistance of their supervisor in the interpretation of any section that is not clearly understood. If the supervisor cannot answer the subordinate's inquiry, he shall obtain the answer and relay it to the subordinate. Officers shall be especially well informed concerning rules, regulations, procedures, and duties governing their specific assignments.