03/01/06 Board of Public Safety Minutes

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a -i .. ,.1 REGULAR MEETING MAKCTI 1, 2006 The Board of Public Safety met in the regular meeting at 9:12 a.m. on Wednesday, March 1, 2006, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther "Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13'x' Floor, County City Building, South Bend, Indiana. APPROVE MINUTES OF PREVIOUS MEETINGS President Rodriguez advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on February 8, 2006 would be accepted and approved, with the corrections noted. Ms. Dempsey made a motion that the minutes be accepted with the corrections. Mr. Alford seconded the motion which carried. ADOPT RESOLUTION NO. 7-2006 -DISCIPLINARY PROCEEDINGS Mr. Bodnar stated this Resolution will allow a Firefighter or a Police Officer to not contest any punishment up to the recommendation. Should the Board determine that it wants to consider a greater (not lesser) punishment, it shall give notice to the officer in writing and he/she shall bare tiro (2) full working days in which to request a hearing on the charges. This Resolution will not restrain the Board's authority to impose a punishment in excess ofthe Chief's recommendation when there is a full evidentiary hearing. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the Resolution was approved and adopted. RESOLUTION NO. 7-2006 RESOLUTION OF THE BOARD OF PUBLIC SAFETY CONCERNING DISCIPLINARY PROCEEDINGS WHEREAS, when the South Bend Police Chief or the South Bend Fire Chief (hereinafter referred to as "Chief') brings charges against a police officer or firefighter (hereinafter referred to as "Officer"), it is the Board of Public Safety's responsibility under IC 36-8-3-4 to determine whether that Officer should be disciplined and what the punishment should be; and WHEREAS, historically the Chief has made a recommendation on the punishment that should be imposed upon the Officer; and WHEREAS, it is in the best interest of the South Bend Police Department, South Bend Fire Department and of the City of South Bend to resolve disciplinary matters without undue animosity so that the Officer could put the matter behind himself/herself and proceed to function as an efficient member of the Department; and therefore the Board of Public Safety this date adopts the t<~I lo~~•in~~ policy regarding disciplines: 1. The Chief shall continue to make anon-binding recommendation in the cover letter when charges are filed, which recommendation shall continue to be incorporated into the Notice to the Officer; 2. If a hearing is not requested by the Officer, the Board at its next meeting shall examine the Charges and the Chiefs recommendation and decide if it wants additional evidence due to the possibility of imposing a punishment in excess of the Chiefs recommendation; 3. If the Board decides that it is not interested in imposing a punishment in excess of the. Chiefs recommendation, it may impose such a punishment without hearing; 4. If the Board decides that it wishes to hear additional evidence, it shall set a hearing date. The Officer shall be notified in writing and served notice of this determination and of the hearing date;