05/03/06 Board of Public Safety Minutes

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REGULAR MEETING MAY 3, ?006 The Board of Public Safely met in the regular meeting at 9:07 a.m. on Wednesday, May 3, ?006, with President Jesusa Rodrigues and Board Members Juanita Dempsey, Donald Alford, Bruce J. Bondrrrant and Patrick D. Cottrell present. Also present were I;niform Police Chief Darryl Boykins, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. Police Chief Thomas H. Fautz was not present In addition, Attorney Joseph Simeri was present. l'he meeting was held in the Board of Public Worlcs Meeting Room, 13r~' Floor, County-City 13uiIdulE, South Bend. Indiana. APPROVE, MINUTF,S OF PRFVIOliS MF.E"f1NGS 1~4r. Cottrell noted an enror on page 34 of the minutes, in the "Regular Meeting" section of the April 1?. ?006 meeting. The minutes indicated President Jesusa Rodriguez was present at this meeting. the minutes should be corrected to read "President Rodriguez was not present". President Rodriguez advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Exeeuti~"~e Session, and Regular and Special meetings of the Boardheld on April 1? and April 20, 2006 would be accepted and approved, with the correction. There being no further discussion. the mimrtes were accepted. FIRE DEPARTMENT t :Ll\G OF CH%1RGF,S O6-OS -.IA~1ES BIJRKUS President .lestrsa Rodriguez stated Chief Luther Taylor submitted Charges against Captain James Burlars as follows: FACTUAL ALLEGATIONS On March. 15, 2006, Captain James Burlars, a sworn firefighter in the South Bend Fire Department, whi . e off duty, drove his private vehicle southbound on Michigan Road north of 6°i Road in Marshall County.h~dianawhilcintoxicated. AsaresultofhisactionsCaptainBurkuswaschargedwith,pled guilty to and was fomzd guilty of operating a vehicle while intoxicated, a Class A Misdemeanor in Cuusc; No. SOD02-0603-CM-00375 in the Marshall Superior Court on Apri127, 2006_ CO"JN"I' I I'he conduct of Captain James Burkus violates LC. 36-8-3-~(b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and he violated Rule 300.00(1) and 300.00(1 1)(A) of the South fiend Fire Department Duty Manual. C'C )C1NT IT _.__ __ I~!.c co,wiction of Captain James Burkus in Cause No. SOD02-0603-CM-00375 in the Marshall `superior Court on .April 27, 2006 is a violation of LC. 36-8-3-4(b)(l ). 11 is the recommendation of Chief Taylor that 1) Captant Burkus be suspended from duty without pay far twenty (70) consecutive cale~udar days; and 2) a reduction in rank from Captain to Engineer for a period of six (6) months effectively immediately. There being no fiirther discussion, the Board ~rccepted the Charges for filing, and instructed the Clerk to serve the appropriate paperwork. DF~I_SnN OP CHARGE 06-04-:LAYIES GADACZ ---- President Rodriguez stated the Board reviewed Chief Luther Taylor's recommendation for Charge 06-03 against Jarues Gadacz. The Board of Public Safety moved to amend Chief Luther Taylor's recommended disciplinary action as follows: I. .lames Gadacz be suspended from duty without pay for twenty (20) consecutive calendar days; 2. James Gadacz shall be reduced in rank from Captain to Engineer effective immediately: and 3. James Gadacz shall complete an EAP program.