03/29/06 Board of Public Safety Special Minutes

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SPECIAL MEETING MARCH 29, 2006 A special meeting of the Board of Public Safety was convened at 8:17 a.m. on Wednesday, March 29, 2006 by Board President Jesusa Rodriguez. Board Members Donald L. Alford, Juanita Dempsey and Patrick Cottrell were present. Also present was Board Attorney Thomas Bodnar and Fire Chief Luther Taylor. Police Chief Thomas Fautz was not present. FIRE DEPARTMENT CHARGE 06-01 - GALE EVANS Attorney Bodnar stated Attorney J. David Keckley, attorney for Mr. Gale Evans, appeared on behalf of Mr. Evans, and submitted a Response of Firefighter Gale Evans to Factual Allegations. Mr. Bodnar stated the Response indicated Mr. Evans is willing to accept Chief Taylor's recommendation for discipline, and does not desire a hearing. Mr. Bodnar stated the Board of Safety can determine if they wish to accept and approve the recommendation by Chief Taylor for the discipline or set the matter for a hearing. President Rodriguez inquired whether the Board could change the recommendation of discipline upwards without a hearing, of which Mr. Bodnar replied that it could not be done. Therefore, upon a motion made by Mr. Alford, seconded by Mr. Cottrell, the decision to hold a hearing in the matter of Charge 06-01 was approved. Mr. Bodnar will contact Attorney Keckley, as well as Attorney Joseph Simeri, and coordinate a meeting where all parties, including the Board of Public Safety members, could determine a hearing date. The hearing date must be set within fourteen (14) days of notice to Mr. Evans, with a maximum of thirty (30) days for the hearing date, unless this requirement is waived by Attorney Keckley. Attorney Keckley waived the thirty (30) day requirement, as he would like additional time to prepare for the case, but within sixty (60) days. Mr. Bodnar stated the hearing date will be set at the neat regular Board of Public Safety meeting, which is scheduled for April 12, 2006. APPROVAL OF ADMINISTRATIVE LEAVE -JOHN P. SZUCS In a letter to the Board, Chief Luther Taylor requested the Board place Firefighter John P. Szucs on administrative leave effective March 29, 2006. On March 22, 2006, charges were filed against Captain Szucs in the St. Joseph County Superior Court (71D01-0603- CM-02-224). Chief Taylor recommended the administrative leave be without pay. LC. 36-8-3-4 (n) gives the Board authority to place Firefighter Szucs on administrative leave until such time as there is a disposition of criminal charges in the St. Joseph County Superior Court. Upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Administrative Leave without pay was approved. APPROVAL OF ADMINISTRATIVE LEAVE -JAMES D. GADACZ In a letter to the Board, Chief Luther Taylor requested the Board place Firefighter James Gadacz on administrative leave effective March 29, 2006. On February 23, 2006, misdemeanor charges were filed against Captain Gadacz in the Elkhart County Superior Court (20D06-06-2-CM-89). Chief Taylor recommended the administrative leave be without pay. LC. 36-8-3-4 (n) gives the Board authority to place Captain Gadacz on administrative leave until such time as there is a disposition of criminal charges in the Elkhart County Superior Court. Upon a motion made by Ms. Dempsey, seconded by Mr. Cottrell and carried, the Administrative Leave without pay was approved. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:25 a.m. BOARD OF PUBLIC SAFETY Jesusa Rodriguez, President