04/20/06 Board of Public Safety Minutes

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r ~~ ~~. J SPECIAL MEETING APRIL 20, 2006 CHARGE 06-04 -JAMES GADACZ Attorney Cheryl Greene read Charge 06-04: FACTUAL ALLEGATIONS On February 22, 2006, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department, while off,duty, drove his private. vehicle on I-80 in the vicinity of mileage marker 88 in Elkhart County, Indiana, while intoxicated. As a result of his actions Captain Gadacz was charged with, pled guilty to and was found guilty of operating a vehicle while intoxicated, a class A Misdemeanor in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. COUNTI The conduct of Captain James Gadacz violates I.C. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and he violated Rule 300.00(1) and 300.00(11)(A) of the South Bend Fire department Duty Manual. COUNT II The conviction of Captain James Gadacz in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006 is a violation of I.C. 36-8-3-4(b)(1). It is the recommendation of Chief Taylor that James Gadacz be suspended from duty without pay for twenty (20) calendar days; a reduction in rank from Captain to Engineer for a period of six (6) months effectively immediately; and a successful completion of the Employee Assistance Program. Mr. Gadacz is currently enrolled in the Employee Assistance Program at Madison Center, and it is recommended that he successfully complete the program as recommended by Madison Center. President Rodriguez instructed the Clerk to serve the appropriate paperwork to Mr. Gadacz. CHARGE 06-04 -JOHN SZUCS Attorney Cheryl Greene read Charge 06-04. FACTUAL ALLEGATIONS On March 18, 2006, Captain John Szucs, a sworn firefighter in the South Bend Fire Department, while off duty, drove his private vehicle in the vicinity of U.S. 31 and U.S. 20 in St. Joseph County, Indiana while intoxicated. As a result of his actions Captain Szucs was charged with, pled guilty to and was found guilty of operating a vehicle while intoxicated. a Class C Misdemeanor in Cause No. 71D01-0603-CM-02224 in the St. ,ioseph Superior Court on April 10, 2006. COUNT I The conduct of Captain John Szucs violates I.C. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and he violated Rule 300.00(1) of the South bend Fire Department Duty Manual. COUNT II The conviction of Captain John Szucs in Cause No. 71D01-0603-CM-02224, St. Joseph Superior Court on April 10, 2006 is a violation of LC. 36-8-3-4(b)(1). It is the recommendation of Chief Ta for that John Szucs be sus ended from dut ' Y P Y without pay for twenty (20) calendar days; a reduction in rank from Captain to Engineer for ~a period of six (6) months effectively immediately; and a successful completion of the Employee Assistance Program. He is currently enrolled in the Employee Assistance Program at Madison Center, and it is recommended that he successfully complete the program as recommended by Madison Center. President Rodriguez instructed the Clerk to serve the .appropriate paperwork to Mr. Gadacz.