The URL can be used to link to this page

Home My WebLink About07/05/06 Board of Public Safety Minutes~~i~ PUBLIC AGENDA SESSION JULY 5, 2006 The Board of Public Safety,met in the Public Agenda Session at 8:00 a.m. on Wednesday, July 5, 2006 with President Jesusa Rodriguez. Board Members Juanita Dempsey, Donald Alford, Patrick D. Cottrell and Bruce J. BonDurant were present. Also present were Police Chief Thomas Fautz, 1 ire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Beard of Public Works Meeting Room, 13th Floor County City _,, Building, South Bend, Indiana. ' . Board members discussed the following item(s) from that list: - Charge 06-06 -Fire Department Mr. Bodnar stated he spoke with Mr. Fred Ettl, attorney for Engineer Brian Bartlett, on the telephone last week. Mr. Ettl expressed his interest in rescheduling the hearing previously set for August 30, 2006, due to surgery. The Board spoke with Mr. Ettl and Mr. Joseph Simeri, Attorney for the Board of Public Safety, via telephone conference and rescheduled the August 30, 2006, special meeting to August 14, 2006, at 1:00 p.m. for an Executive Session and 1:30 p.m..for a the Special Meeting. - Monthly Statistical Analysis -Fire Department Chief Taylor stated there is a reduction in re-inspections. He had no further comments. - Charge 06-07 -Police Department Mr. Peter Agostino, Attorney for Corporal Ronald Johnson, stated he and Mr. Bodnar came to an agreement in the form of a Waiver and Consent. Mr. Agostino stated his client would like to put this matter behind him. Mr. Bodnar stated if the Waiver and Consent is not accepted by the Board, the matter will be set for a hearing to be set within thirty (30) days, but no sooner than fourteen (14) days from the Notice of Hearing. Mr. Agostino waived the thirty (30) day period. 'Mr. Agostino stated Corporal Johnson has been back on the force from his Administrative Leave since May 2005. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:35 a.m. BOARD OF P C SAFETY Jes Rodriguez, President ~~ Donald L. Alford, Me er anita Dempsey, Mem er Patrick D. Cottrell, Member J . • Bruce J. BonDurant,'Member ST: .~~ngela K. acob, Cle e^ C' .~ ., F,XECUTIVE SESSION JULY 5, 2006 The Board of Public Safety met in Executive Session on Wednesday, July 5, 2006, at 8:40 a.m. The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South Bend, Indiana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A). President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick Cottrel l were present. Also present were Police Chief Thomas Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:15 a.m. BOARD OF PU ETY Rodriguez~p rest ~e/n vC. G~~~'"~'~ Donald L. Alford, M ber anita Dempsey, Member v Patrick D. Cottrel ,Member Bruce J. BonDurant, Member T'~S~ c Angela K. cob, Clerk REGULAR MEETING JULY 5.2006 The Board of Public Safety met in the regular meeting at 9:20 a.m. on Wednesday, July 5, 2006, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the board of Public Works Meeting Room, 13`" Floor, County City Building, South Bend, Indiana. APPROVE MINUTES OF PREVIOUS MEETINGS President Rodriguez advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular'meetings of the Board held on June 13, 2006 and Special Meeting of June 21, 2006 would be accepted and approved. ADOPT RESOLUTION NO. 37-2006 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (MICHIANA LUTHERAN EDUCATION CENTER ANNEXATION AREAL Mr. Marco Mariam, Community and Economic Development, was present and stated this is a voluntary annexation. Mr. Mariam stated the annexation meets the requirements of State law. This is an annexation area for the development of the Michiana Lutheran Education Center. The newly annexed area will be serviced by Fire Department Station No. 11 on Bendix Drive with additional coverage from Station No. 7 on Portage Road. The area is currently being served by 1Vledical Unit No. 11 and will be served by Medical Unit No. 4 upon annexation. There is no additional cost for these coverages. Upon a motion made by Mr. BonDurant, seconded by Mr. 1 1 1 Alford and carried, the Resolution was approved and adopted. ~f ,u REGULAR MEETING JULY 5, 2006 RESOLUTION NO. 37-2006 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING ' A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERN~AN TOWNSHIP (1VIICHIANA LUTHERAN EDUCATION CENTER ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is more particularly described at Page 14 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 8.8 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 43% contiguous, generally located south ofNimtz Parkway and to the east of Olive Road approximately 1/8 mile west of the St, Joseph Valley Parkway. It is anticipated that the annexation area will be developed as a Parochial School. This institutional.use will require a basic level of municipal public services, including the provision of police and fire protection; and WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of police and fire protection to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that those services will be provided to the annexed ' area within one (1) year after the effective date of the annexation, and that they will be provided in the same manner as those services are provided to areas within the corporate boundaries of the City o f South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures and planning criteria; and (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 14 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the policy of the C ity of South Bend, by and through its Board of Public Safety, to furnish to said territory police and fire services within one (1) year of the effective date of annexation in a manner equivalent in standard and scope to similar services furnished by the City to other areas regardless of similar topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 6 and 7 of Exhibit "A", for the furnishing of said services to the territory to be annexed. Adopted the 5TH Day of July, 2006. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez s/Juanita Dempsey '^ "- i ~:' .t REGULAR MEETING Attest: s/Angela Jacob, Clerk FIRE DEPARTMENT CHARGE 06-06 -BRIAN BARTLETT President Rodriguez stated the hearing for the above charge needs to be rescheduled from August 30 to August 14, 2006. The Executive Session will begin at 1:00 p.m. with the Special Meeting beginning at 1:30 p.m. Upon a motion by Ms. Dempsey, seconded by Mr. BonDurant and carried, the hearing was rescheduled'to August 14, 2006. FILING OF MONTHLY STATISTICAL REPORT -MAY 2006 Cl~ i e F Luther Taylor submitted to the Board the monthly report for the month of May 2006 compiled by the Prevention/InspectionBureau ofthe Fire Department. The Statistical Analysis was accepted and filed. A summary is as follows: MAY MAY 2006 2005 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $100,310.00 $108,350.00 INSPECTIONS - (Fire Prevention/Ins ection Bureau) 405 Inspections 548 Inspections 31 Re-Ins ections 94 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) 18 16 Investigations Investi aligns 5 7 Arson Arson POLICE DEPARTMENT CHARGE 06-07 -RONALD JOHNSON President Rodriguez stated the Board is in receipt of a Waiver and Consent with Findings of Fact for the above charge. Mr. Cottrell stated Corporal Johnson had already served an administrative leave without pay from October 2003 to May 2005 and has lost $59,072.00 in earnings. Mr. Bodnar asked Attorney Peter Agostino if he consented to the additional wording of "Notwithstanding the above," in the Findings of Fact and' if he waived his rights to a hearing. Attorney Agostino agreed to the addition and withdrew his request for a hearing. Upon a motion by Mr. Alford, seconded by Mr. Cottrell and carried, the Findings of Fact were approved. 1 1 CITY OF SOUTH BEND ) ' SS: • ST. JOSEPH COUNTY ) JULY 5, 2006 s/Donald Alford s/Patrick Cottrell s/Bruce J. BonDurant IN THE MATTER OF ) TO THE BOARD OF PUBLIC SAFETY THE CHARGES AGAINST ) OF THE CITY OF SOUTH BEND, INDIANA RONALD JOHNSON ) ~. 4 REGULAR MEETING JULY 5, 2006 CHARGE NO. 06-07 FINDINGS OF FACT The Board of Public Safety makes the following Findings of Facts in this case on the 5`" day of July 2006: ' 1. The City of South Bend by its Police Chief, Thomas Fautz, filed charges against Ronald Johnson pursuant to LC. 36-8-3-4 on June 13, 2006. 2. Said charges are attached hereto and included herein. 3. Ronald Johnson was served with a copy of the charges on June 27, 2006. 4. On this date Ronald Johnson has filed with this Board a written Waiver and Consent, by which h'e consents to the entry of these Findings of Fact and waives his rights under IC 36-8-3-4. 5. At all times since at least 1996, Ronald Johnson was a sworn member of the South Bend Police Department holding the rank of Corporal. 6. During the fall of 1998 Irish Blossom Corporation was a retail merchant in the State of Indiana. 7. During the fall of 1998 Irish Blossom Corporation operated a restaurant which served alcoholic beverages called Finnigan's, located at 113 East Wayne Street; South Bend, Indiana, 46601. 8. On numerous occasions during the fall of 1998 Cpl. Ronald Johnson was present and performing activities at the entrance or inside Finnigan's which could be considered law enforcement related activities. ~9. During the fall of 1998 there was a properly enacted Section of the South Bend Police Department Duty Manual, Section 445.00(A), which read: Officers will not engage, either directly or indirectly, in security or other law enforcement related activity at the entrance of or inside a building or enclosed area at which alcoholic beverages are sold and consumed. ~ , 10. During the fall of 1998 there was a properly enacted section of the South Bend Police Department Duty Manual, Section 445.00(H) which read: The Chief of Police shall have the authority to decide if a particular employment violates this policy. The Chief of Police has not authorized the activities of Cpl. Ronald Johnson at Finnigan's in the fall of 1998 as Section 445.00(H) requires. Cpl. Ronald Johnson does not contest that his activities at Flannig~n's in the fall of 19,98 violated this policy.. 11. In the fall of 7 998, Cpl. Ronald Johnson violated Section 445.00(H) of the South Bend Police Department Duty Manual. 12. The actions of Cpl. Ronald Johnson in the fall of 1998 in connection with the Irish Blossom Corporation constituted conduct unbecoming an officer .in the South Bend Police Department. THEREFORE, the Board finds that for his actions Corporal Ronald Johnson shall be suspended without pay from the South Bend Police Department for a period of one (1) year and in addition shall be reduced in rank to the rank of Patrolman First Class for a period of one hundred eighty (180) days, to be suspended as indicated herein. Corporal Johnson has indicated a willingness r, .. ,. v REGULAR MEETING JULY 5, 2006 to refrain for the remainder of his career with the South Bend Police Department from any activities invol~~ing working for any business which holds an Indiana Alcoholic Beverage Commission license or from owning land which has any connection with a business holding such a license, including refraining from some actions which he could do legally and in accordance with the South Bend Police Department Duty Manual, which voluntary restrictions could deprive him of income opportunities. Notwithstanding the above, if Corporal. Johnson is not otherwise disciplined on charges filed before the Board of Public Safety arising out of his actions within one year from this ' date, the suspension and temporary demotion shall be waived but the finding of misconduct shall still stand. If he is disciplined by the Board of Public Safety on any charges arising out of his actions during that year, then the suspension and reduction in rank shall be added to whatever punishment is imposed for those additional violations. Dated this 5TH Day of July, 2006. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez s/Juanita Dempsey s/Donald Alford s/Patrick Cottrell • s/Bruce J. BonDurant i~ttest: s/Angela Jacob, Clerk ADJOURNMENT - There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:40 a.m. , BOARD OF PUBLIC SAFETY J u ~a~ Rod~rig®uez, President Q . Donald L. Alford, Me er anita Dempsey, Mennm er Patrick D. Cottrell, Member ~... --~- Bruce J. BonDurant, Member T E~,T: , ~%, ~f 1. Angela KK` Jar