05/17/06 Board of Public Safety Minutes

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~~~ SPECIAL MEETING ~ MAY 17, 2006 '~ ~ President Rodriguez stated that the Board has determined the following disciplinary action: 1. James Gadacz be suspended from duty without pay for twenty (20) consecutive calendar days; 2. James Gadacz shall be reduced in rank from Captain to Engineer effective immediately; and 3. James Gadacz shall complete an EAP program. ' ' Upon a motion by Mr. Cottrell, seconded by Mr. Alford, and carried, the above discipline .was approved. FILING OF CHARGES 06-06 -BRIAN BARTLETT President Jesusa Rodriguez stated Chief Luther Taylor submitted Charges against Engineer Brian Bartlett as follows: FACTUAL ALLEGATIONS On September 23, 2006, 2005 Engineer Brian T. Bartlett was found guilty of committing a battery upon Rachelina Bartlett in violation of Florida Statute, F.S. 784.03, First Degree Misdemeanor in the County Court of the 12`h Judicial Circuit in and for Collier County Florida, Cause No. OS-001159- MM-0. It is the'recommendation of l/hief Taylor that Engineer Bartlett be suspended from duty without pay 1'or twenty (20) consecutive calendar days. Chief Taylor stated that Engineer Bartlett has also provided a certificate of completion dated October 21, 2005 for a Battery Intervention Program. There being no further discussion, the Board accepted the Charges for filing, and instructed the Clerk to serve the appropriate paperwork. POLICE DEPARTMENT ' HEARING -CHARGE 06-03 =JOSEPH MUSZER President Rodriguez advised that this was the date set for the Board's Public Hearing concerning the matter of Charge 06-03 against Corporal Joseph Muszer, South Bend Police Department. President Rodriguez acknowledged and introduced Board Members Juanita Dempsey, Mr. Donald Alford, Mr. Patrick Cottrell, and Mr. Bruce J. BonDurant. Attorney Joseph Simeri, acting Board of Public Safety Attorney, was present. In addition, Corporal Musze>• and his Attorney, Attorney:Michael Tuszynski, of William P. Stanley & Associates, was present, as was Attorney Thomas Bodnar and Police Chief Thomas Fautz. Ms. Jane Hoffman, Midwest Reporting, was present as court reporter for the Hearing. Mr. Simeri read the charges as follows: FACTUAL ALLEGATIONS ' On February 20, 2006, Cpl. Joseph Muszer, an officer in the South Bend Police Department, while off 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. Muszer exited the vehicle and urinated next to the vehicle. As a result of his actions Cpl. Muszer was charged with 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. COUNTI ~- The conduct of Cpl. Joseph Muszer violated 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. COUNT II The conviction of Cpl. Joseph Muszer in Cause No. 71D01-0602-CM-01486, St. Joseph Superior Court on March 20, 2006 is a violation of I.C. 36-8-3-4(b)(1).