05/17/06 Board of Public Safety Minutes

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r ~- ~. ~ SPECIAL MEETING MAY 17, 2006 3. James Gadacz was served with a copy of the charges on Apri125, 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. James Gadacz was served with notice of this motion and recommendation on May 5, 2006. 6. On May 5, 2006 Capt. James Gadacz consented in writing to the amended ' recommendation. ' 7. During 2006, James Gadacz was a sworn member of the South Bend Fire Department holding the rank of Captain. 8. On February 22, 2006 Capt. James Gadacz was driving his private automobile while off duty on I-80 in the vicinity of mileage marker 88 in Elkhart County Indiana. 9. When driving his automobile on I-80 in the vicinity of mileage marker 88 on February 22, 2006, Capt. James Gadacz was intoxicated. ._ 10. Because of his actions on February 22, 2006 James Gadacz was charged with a Class A Misdemeanor in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on March 1, 2006. 11. Capt. James Gadacz pled guilty to operating a vehicle while intoxicated, a Class A Misdemeanor inCause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. 12. Capt. James Gadacz was found guilty of operating a vehicle while intoxicated, a Class A Misdemeanor inCause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. 13. Indiana Code 9-30-5-1 makes it a crime, a Class A Misdemeanor, to operate a vehicle with an alcohol concentration equivalent to at least 0.08. ' 14. The action of Capt. James Gadacz were prohibited by Indiana law and therefore violated Section 300.00(1) of the South Bend Fire Department Duty Manual. '15. The actions 'of Capt. James Gadacz on February 22, 2006 constituted conduct unbecoming a firefighter of the South Bend Fire Department. 16. The actions of Capt. James Gadacz on February 22, 2006 constituted conduct which reflected unfavorably on the South Bend Fire Department and therefore violated Section 300.00(11) of the South Bend Fire Department Duty Manual. 17. On February 22, 2006 Capt. James Gadacz consumed an excessive amount of alcoholic beverages and therefore violated Section 300.00(11)(A) of the South Bend Fire Department Duty Manual. WHEREFORE, the Board finds that for his actions Capt. James Gadacz shall be demoted to the rank of Engineer in the South Bend Fire Department for an indefinite period commencing immediately and shall also be suspended without pay from the South Bend Fire Department for a period of twenty (20) consecutive calendar days to begin on a date chosen by the Fire Chief and shall complete an E.A.P. program,.' Dated this 17t" day of May, 2006. BOARD OF PUBLIC SAFETY sJJesusa Rodiquez, President s/Donald Alford, Member s/Juanita Dempsey, Member s/Patrick Cottrell, Member (Noted Opposed) s/Bruce J. BonDurant, Member ATTEST: s/Angela K. Jacob, Clerk