09/17/2014 Board of Public Safety Minutes

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REGULAR MEETING SEPTEMBER 17, 2014 62 Section II. This Resolution shall be in full force and effect from and after its adoption by the South Bend Board of Public Safety and compliance with procedures required by law. Adopted this 171h day of September, 2014. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Laura Vasquez, President s /Eddie Miller, Member s /John Collins, Member s /Luther Taylor, Member s /Daniel Jones, Member ATTEST: s/Linda Martin, Clerk FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2014 Fire Chief Stephen Cox submitted to the Board the monthly report for August 2014 compiled by the Prevention/Inspection Bureau of the Fire Department. Ms. Vasquez stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: AUGUST AUGUST 2013 1 2014 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $180,600.00 1 $319,000.00 INSPECTION DIVISION 191 Inspections 218 Total Inspections (54 Re-Inspections) (49 Re-Inspections) INVESTIGATION DIVISION 18 16 Investigations 5 1 Incendiary Arsons 5 Accidental 0 Natural 10 Undetermined POLICE DEPARTMENT DENY MOTIONS TO HOLD DISCIPLINARY HEARINGS IN EXECUTIVE SESSION — JOHN HALL, JACK STILP. AND DAVID GNOTH On August 20, 2014, Assistant City Attorney Cory Hamel presented the Board with three (3) Motions to Hold Disciplinary Hearings in an Executive Session pursuant to I.C. 5-14-1.5 - 6.1(b)(6)(A) for Detective Sergeant John Hall, Officer Jack Stilp, and Officer David Gnoth. In his Motions, Attorney Hamel stated on August 7, 2014 the City presented an oral motion to the Board to proceed with these disciplinary hearings in Executive Session under I.C. 5- 14- 1.5- 6.1(b)(6)(A). He stated the City wishes to now present a written motion to the Board to allow respondent time to reply. Finally, he stated in his motions, the City believes that it is in the best interest of all parties to hold the hearings in Executive Session. Attorney Douglas Grimes stated he is representing two (2) cases, Jack Stilp and John Hall, where the City has asked to hold the disciplinary Hearings in an Executive Session. He stated he filed objections to both requests because the City hasn't presented any reason to hold these hearings in Executive Sessions. The law provides in this state and urges openness to allow the public to hear the evidence. He added the officers want the sessions to be open for the public's information. He noted State law allows you to use your discretion on holding an Executive Session and unless the City gives a reason why, why should these be held in Executive Session. Attorney Hamel stated he proposed his motion at a public hearing on August 20 and gave great detail on his reasoning at that time, including legal reference to support his motions. Mr. Taylor stated after hearing both sides of the argument, he would make a motion to deny the City's