03/01/13 Special Meeting Board of Public Safety Minutes

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SPECIAL MEETING MARCH 1, 2013 24 The Board of Public Safety met in a Special Meeting at 10:00 a.m. on Friday, March 1, 2013 with Board President Patrick D. Cottrell and Board Members Laura Vasquez and Eddie Miller present. Board members John Collins and Luther Taylor were absent. Also present were former Police Chief Chuck Hurley and Board Attorney Andrea Beachkofsky. The meeting was held in the Common Council Chambers, 4 1 Floor, County City Building, South Bend, Indiana. APPROVE CONTINUANCE OF HEARING OF CHARGES 2013 -03 — PATRICIA BYRD President Cottrell stated that this was the date the Board set for the Hearing of Charges No. 2013 -03 against Patricia Byrd, Mr, Cottrell stated Linda Martin, Clerk of the Board, forwarded an email yesterday, received from Patricia Byrd. Mr. Cottrell read the email from Patricia Byrd requesting the Board grant her an extension because the time allotted was not adequate for her to obtain legal counsel. Mr. Cottrell asked Ms. Byrd if that is what she wrote and is that the reason she was requesting the continuance. Ms. Byrd stated yes, it is. Mr. Cottrell read through the timeline of the Charges. He noted that on January 8, 2013, Ms. Byrd was served the Charges No. 2013 -03; on January 31, 2013 Ms. Byrd requested a Hearing from the Board of Safety; on February 6, 2013 the Board set the Hearing for March 1, 2013 and Ms. Byrd was advised of this decision. Mr. Cottrell stated he understands Ms. Byrd did not hire an attorney, but there was adequate time. He asked her to explain why she did not feel that she had time to hire an attorney. Ms. Byrd stated she didn't think that she would need one. Mr. Cottrell asked her if she understood the charges against her. Ms. Byrd stated yes, she took time she thought she was entitled to because she didn't know she was divorced. Mr. Cottrell questioned if she understood the discipline recommended by former Chief Hurley. Ms. Byrd stated yes, thirty (30) days. Mr. Cottrell asked if she had hired an attorney yet. Ms. Byrd stated she had not. She added that she spoke to one, but had not hired anyone. Mr. Cottrell stated he saw no reason to not grant a continuance, to allow for her to hire an attorney and prepare a defense. He noted past practice by the Board has been to allow these requests. Mr. Cottrell added he did not know when the Board and legal counsel would set the date for the Hearing, and that Ms. Byrd would be notified through her attorney once that was done. He asked for a motion to approve the continuance of the Hearing of Charges No. 2013 -03, Mr. Miller stated he would make that motion but he would first like to hear if the Board's legal counsel, Ms. Beachkofsky, had anything to add. Ms. Beachkofsky stated she was not going to object on the part of the City. She noted that Ms. Byrd had thirty (30) days to hire an attorney, which is sufficient time. Ms. Beachkofsky stated Ms. Byrd had time to contact the NAACP; she could have contacted an attorney. Ms. Beachkofsky noted that Ms. Byrd is not currently on administrative leave so she is not costing the taxpayers, so she has no objection to the continuance. Ms. Beachkofsky stated for the record, she just wants to make note of the fact that Ms. Byrd has had plenty of time. She stated she also wants the record to show that the Board of Safety and Ms. Byrd are in agreement to the extension of the time for the hearing. She noted that under I.C. 36- 8 -3 -4, the law states the Board must hear Charges within thirty (30) days unless mutually agreed upon by both parties. She asked Ms. Byrd if she was in agreement to continue the hearing. Ms. Byrd stated yes. Ms. Beachkofsky requested Ms. Byrd have her counsel contact her as soon as possible to set a new date, noting they are already thirty (3 0) days out. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the request for a continuance was approved. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 10:37 a.m. BOARD OF PUBLIC SAFETY �/ �22�, —� Patrick — Cottrell, Presid nt, Laura Vasquez, Member G% 1 Z164 1 1 Eddie Miller, Member