05/17/06 Board of Public Safety Minutes

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r~~~ ~.. V r SPECIAL MEETING CITY OF SOUTH BEND ST. JOSEPH COUNTY IN THE MATTER OF THE CHARGES AGAINST JOHN P. SZUCS SS: MAY 17, 2006 TO THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA CHARGE NO. 06-03 FINDINGS OF FACT The Board of Public Safety makes the following Findings of Facts in this case on the 17th day of May, 2006: 1. The City of South Bend by its Fire Chief, Luther Taylor, filed charges on Apri120, 2006 against John P. Szucs pursuant to I.C. 36-8-3-4. 2. Said charges are attached hereto and included herein. 3. John P. Szucs was served with a copy of the charges on Apri122, 2006. 4. Although five days have passed, no request for hearing has been filed. 5. At its May 3, 2006 meeting, the Board of.Public Safety amended the Fire Chiefs recommendation, and Capt. John P. Szucs was served with notice of this motion and recommendation on May 5, 2006. 6. On May 5, 2006 Capt. John P. Szucs consented in writing to the amended recommendation. 7. During 2006, John P. Szucs was a sworn member of the South Bend Fire Department holding the rank of Captain. 8.On March 18, 2006 Capt. John P. Szucs was driving his private automobile while off duty in the vicinity of U.S. 31 Bypass and U.S. 20 in St. Joseph County Indiana. 9. When driving his automobile in the vicinity of U.S. 31 Bypass and U.S. 20 on March 18, 2006, Capt. John P. Szucs was intoxicated. d 0. Because of hisactions on March 18, 2006 John P. Szucs was charged with a Class C Misdemeanor in Cause No. 71D01-0603-CM-02224 in the St. Joseph Superior Court on March 22, 2006. 11. Capt. John P. Szucs pled guilty to operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71 DO1-0603-CM-02224 in the St. Joseph Superior Court on March 29, 2006. ' 12. Capt. John P. Szucs was found guilty of operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71 DO 1-0603-CM-02224 in the St. Joseph Superior Court on March 29, 2006. 13. Indiana Code 9-30-5-1 makes it a crime, a Class C Misdemeanor, to operate a vehicle with an alcohol concentration equivalent to at least 0.08. 14. The action of Capt. John P. Szucs were prohibited by Indiana law and therefore violated Section 300.00(1) of the South Bend Fire Department Duty Manual. ^ ^ t 15. The actions of Capt. John P. Szucs on March 18, 2006 constituted conduct unbecoming a firefighter of the South Bend Fire Department.