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

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SPECIAL MEETING JANUARY 28, 2013 14 430.00 Funeral Leave Policy In the event of a death in the immediate family, all sworn officers of the South Bend Police Department shall be entitled to leave as specified in the Working Agreement. Article 12 Bereavement Leave Section 1. Funeral Leave Policy provisions are set forth in the Duty Manual, Section 430, and page 129. These provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement. A. In the event of a death in the immediate family, all sworn officers [Employees] of the South Bend Police Department shall be entitled to leave as specified in Chapter 1, Section 110(R) which provides: B. Funeral Leave means that in the event of a death in the immediate family, all sworn officers [Employees] of the South Bend Police Department shall be entitled to funeral leave. Notice of need for funeral leave shall be presented to the officer's Commanding Officer as soon as possible under the circumstances. Funeral Leave shall be three (3) consecutive working days of leave with pay, one of which must be the day of the funeral, except that only one (1) working day of leave with pay shall be permitted to attend the funeral of a spouse's grandparent. Additional time may be authorized by the officer's [Employee's] Commanding Officer upon verification by the officer [Employee] of need for travel time or other special circumstances. The decision of the Commanding Officer as to the authorization of additional days of leave with pay may be appealed to the Division Chief and Chief of Police. The term "immediate family" means husband, wife, son, daughter, step -son, step - daughter, step- mother, step- father, father, mother, father -in -law, mother -in -law, brother, sister, grandparents, grandchildren, or other blood relatives, if those other blood relatives have resided in the officer's or sworn member's [Employee's] household continuously for more than one (1) year. Funeral leave shall not be authorized upon the death of any other person(s). COUNT 11 For failing to disclose to and /or withholding information from her Supervisor(s) that she knowingly took funeral leave for which she knew that she was not entitled until she was questioned by her Supervisor more than a month later 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 ", Section 302 (A)(1)(30) entitled Rules of Conduct: 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 A. Officers 30. Shall not intentionally manufacture, tamper with, plant, falsify, destroy or withhold evidence, property or information. Dated this 28th day of January 2013. SET HEARING — CHARGES NO. 2013 -01 — THEODORE ROBERT Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board set the Hearing of Charges No. 2013 -01, Theodore Robert, for February 15, 2013 at 10:00 a.m.