04/12/06 Board of Public Safety Minutes

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r •• ._.. REGiJT,AR MEFT_ING ~ ~ APRIL 12, 2006 l aylor noted Mr. Filer was an excellent firefighter. Upon a motion made by Ms. Dempsey, seconded by Mr. Cottrell and carried, the promotion was approved. l'I I:_AKC;I~: U6-01 --GALE EVANS t~Ir. Alford stated Charge 06-01 will be continued to the Special Meeting which will be held on April 20, 2006, at 8:30 a.m. in the meeting room on the 13`x' floor of the County-City Building. POT.TCI? DF,PARTMENT ~PPRO~'li PROMOTIONS - I,RANK BEIGELBECK - NE1L GIZABER - .IAYSON MCNICHOLAS - ANllREW NOWAK - SHELllON SCOT"1 In a later to the Buard, Chief Thomas Fautz requested that the above officers be promoted to the rank of Corporal, effective Apri121, 2006. The officers have successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Ms. Dempsey, seconded h~,~'~~1r. C<~tu•cll and carried, the promotions were approved. CHARGE 06-02 -JOSEPH MUSZER 1 FACTUAL ALLEGATIONS On T'ebruar~ 20, 2006, Cpl. Joseph Muster, an officer in the South Bend Police Department, while cuff duty and driving a police vehicle owned by the City of South Bend, drove that vehicle to the intersection of Miami and Ireland Streets, South Bend, Indiana, while intoxicated. At that time Cpl. Muster exited the vehicle and urinated next to the vehicle. As a result of his actions Cpl. Muster ~~~:~~ rh;ir~~cd ~~ith and pled guilty and was found guilty of operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71D01-0602-CM-01486 in the St. Joseph Superior Court on March 20, 2006. The conduct of Cpl. Joseph Muszerviolated LC. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a police officer and he violated Rules 301.06, 302.00(A)(1)(2) and (3), and Section 441.00(1) and (8) of the South Bend Police Department Duty Manual. COt_tNT TI The conviction of Cpl. Joseph Muster in Cause No. 71D01-0602-CM-01486, St. Joseph Superior Court on March 20, 2006 is a violation of LC. 36-8-3-4(b)(1). l_ h iet 1, autz recommended that he be suspended from duty without pay for twenty (20) calendar days and be demoted to Patrolman for a period of six (6) months to begin immediately. In addition, Chief Fautz will also impose a two year loss of his take-home vehicle which will be reduced to one (1) y-car after successful completion of an Alcohol Program. This loss of his take-home car privileges will begin immediately. I he Board instructed the Clerk to serve the appropriate paperwork to Mr. Muster. 1