09/18/13 Board of Public Safety Meeting Minutes

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PUBLIC AGENDA SESSION SEPTEMBER 18. 2013 72 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, September 18, 2013, in the 13th Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Patrick Cottrell and Board Members John Collins, Luther Taylor, Eddie Miller and Laura Vasquez present. Also present was Attorney Cory Hamel, and Fire Chief Stephen Cox. Attorney Cory Hamel requested the Board begin the meeting without Chief Teachman, and start with the Fire Department. He stated the Chief was running a little late and should arrive by the time they get to the discussion of the Police Department. Police Chief Ronald Teachman joined the meeting in progress at 8:15 a.m. Board members discussed the following agenda items: - Promotion to Captain in Special Assignment — Fire Department Chief Cox stated Firefighter Brandon May has been assigned to Rescue 1, Engine 10, and Engine 4. He noted Firefighter May did a phenomenal job on his testing for the Fire Department and placed No. 2 on the list. The Chief stated that several years ago Firefighter May was recognized and given an award forjumping in the river and rescuing an individual that fell in. He noted Firefighter May was riding his bike and saw the accident and jumped in with no rescue equipment. - Request for Extension of Leave of Absence — Fire Department Chief Cox stated Firefighter Chris Bennion contacted him earlier this month and let him know he was still working on the pipeline the City had previously approved for him to take a Leave of Absence for. He let the Chief know he has an opportunity to receive additional accreditation if he can earn an additional 2,000 hours. He requested the Chief grant him an additional six (6) months Leave of Absence. Chief Cox stated he looked at Indiana Code and it allowed for one additional extension of an approved Leave of Absence. The Chief stated Firefighter Bennion has assured him that his intent is to return to the Fire Department and he is maintaining all of his necessary accreditation. He noted he also feels that the training Firefighter Bennion is receiving will be an asset to the Fire Department. Chief Cox stated Firefighter Bennion will be the City's expert on natural gas emergencies. - General Order — Take Home Vehicle Policy — Police Department Lieutenant Robert Lanchsweerdt stated he was asked to present information regarding the Take Home Vehicle Policy to the Board by the Chief of Police. He stated he is responsible for updates to the Duty Manual, and policy training updates and development. He stated he has a copy of the Indiana Statute regarding Child Restraint for the Board member's review. He noted his concern with superseding State law if the Board's proposed changes to the policy are adopted. Lieutenant Lanchsweerdt stated it would create higher liability for the Police Department, noting that officers are not trained in child seat installation and Police cars have cages in the back that would make the placement of car seats difficult and uncomfortable for a child in the car seat. He added that the time to return to the Police station to obtain a child car seat would increase the transport time of a child immensely. Another concern, he stated, is placing an already traumatized child in a back seat cage used for criminals, versus riding up front with the officer so he can calm their fears. Mr. Collins suggested that maybe the policy should distinguish between marked and unmarked cars, noting that unmarked vehicles don't have cages in the back seat. Mr. Cottrell questioned how often children are transported. Lieutenant Lanchsweerdt stated there are no statistics kept on this but it is not very often. - Police Selection Panel Attorney Hamel stated he and the Police Chief discussed why the Board has a Police Selection Panel. He noted it is not a requirement of State law and this is the first city he has seen use this. He added the Board can make their own policy and if they want to continue with this, that is their option, but there is no requirement for them to have a Police Selection Panel. Chief Teachman explained that Patrolman Alexander Gutierrez resigned from the Police Department in 2013, and is now requesting to return. He noted the Indiana Public Retirement System has sent paperwork confirming his eligibility to return to the department. - Application and Declaration for Retirement — Police Department Chief Teachman stated Patrolman Delmar Vohs has an opportunity to join the Notre Dame Police Department and with children attending the university, he has decided to take advantage of the opportunity. - City Towing Resolution Attorney Cory Hamel informed the Board that he prepared a memo with the intent to clarify all of the misunderstandings regarding the towing resolution. He noted that basically the only action the Board of Safety can take is to hear appeals from towing companies when they are removed from the list by