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HomeMy WebLinkAbout12/20/06 Board of Public Safety Minutes~ ~i T PUBLIC AGENDA SESSION DECEMBER 20.2006 The Board of Public Safety met in the Public Agenda Session at 8:04 a.m. on Wednesday, December 20, 2006 with President Jesusa Rodriguez. Board Members Juanita Dempsey, Patrick D. Cottrell, Bruce J. BonDurant, and Donald Alford were present. Also present were Police Chief Thomas Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13th Floor, County City Building, South Bend, Indiana. ' Board members discussed the following item(s) from that list: - Minutes The Board stated that they had not received a corrected copy of the minutes. The Clerk was instructed to make copies for the Board's review. The Clerk made copies and presented the Board with the corrected minutes, and after review, the minutes were accepted with the following corrections. On Resolution 70-2006 there should be a sentence saying that Mr. Cottrell refrained from voting. On the promotion of Engineer James Burkus, there should be a first sentence that says "Chief Taylor submitted a letter recommending the promotion of Engineer James Burkus to Captain", and there is a typographical error. His name was listed as Jame, instead of James. On the sick leave of Sgt. Stokes, it should state that it was amended to the maximum allowed of 42 days and the time to be taken adjusted to meet the extra leave granted. - Modif ed Resolution 71-2006 Mr. Bodnar stated that the modified Resolution sets forth the exact amounts that the Chief of Police thinks are the appropriate amounts for the lateral entry pay. - Voluntary Demotion Chief Fautz stated the request for demotion to Corporal, from Sergeant James Maxey, is a request to be back on the streets. Sergeant Maxey feels that he is too young to be working a desk job. There is a current opening on the NEST Unit that he would like to be assigned to. Chief Fautz hasn't decided whether they will replace Sergeant Maxey in his current ' position in Community Relations. They are looking at re-organizing. - Resolution 77-2006 Mr. Bodnar stated that for many years the Fire Department has hired according to a list of numerical ranking, based on best total score. The existing resolutions do not address the issue of whether a candidate can be passed over and still retain his or her ranking on the list for the duration of the hiring list. Mr. Bodnar stated that the Fire Department has encountered two unique situations for which a departure from the original standard should be considered. The first instance involves a candidate that passed all the tests, but then injured himself while performing recreational activities. He will not be able to pass the PERF physical which is a requirement of all candidates. The second is an individual who owns his own business. He has been attempting to sell his business but has not been successful. He is requesting that he be passed over for this year, but that he be allowed to retain his position for next year, when he anticipates the business will be sold. Mr. Bodnar stated that it would be a benefit to the Fire Department to be able to post-pone hiring qualified candidates in order to get the best candidates possible. Mr. Cottrell suggested any candidate for the Fire Department that is injured or ill and doesn't accept a position with the department when offered, should have to take the C.P.A.T. test again to make sure that they have recovered fully from their injury or illness and are able to carry out the required duties. Mr. Bondurant questioned if the re-take of the C.P.A.T. test should be a requirement for all injured Fire Fighters to return to the job, not just new candidates that are injured or ill. Chief Taylor stated that there is a real problem trying to find a place to set up the C.P.A.T. test in the winter. The Fire Department needs a large inside space to conduct the test and it is difficult to find one available. Chief Taylor asked the Board to consider making it the responsibility of the candidate to get tested, possibly in Indianapolis, at their own expense. Chief Taylor stated that it is costly for the Fire Department to re-test candidates. President Rodriguez questioned whether approval of the Resolution could be delayed until the details could be worked out better. Mr. Bodnar stated that it needed to be addressed now for 2007 hiring policy, and could be amended next year if necessary. It was decided by everyone to amend the resolution to include that any candidate who doesn't accept a position with the Fire Department when it's offered should retake and pass the C.P.A.T. test at their expense before another offer of a position can be made. ~} .L 4. PUBLIC AGENDA SESSION DECEMBER 20.2006 -Fire Department Monthly Statistics Mr. Bodnar questioned the accuracy of the Commercial Alarm statistics of Truck 6. Chief Taylor stated that they looked too low and he would look into it. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:40 a.m. BOARD OF PUBLIC SAFETY ~.. ~-_- Jes sa Rodriguez, President ATTEST: Linda M. Martin, Clerk EXECUTIVE SESSION Donald L. Alford, Memb r ita Dempsey, Mem r atrick D. Cottrell, Member ~.-~.. /. Bruce J. BonDurant, Member DECEMBER 20.2006 The Board of Public Safety met in Executive Session on Wednesday, December 20, 2006, at 8:45 a.m. The meeting was held in the Mayor's Conference Room, 14a' Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A). President Jesusa Rodriguez and Board Members Juanita Dempsey, Bruce J. BonDurant, Patrick Cottrell, and Donald Alford 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 9:18 a.m. BOARD OF PUBLLe' tYF TY President Donald L. ~Canita Dempsey, Member ~/ Patrick D. Cottrell, Member /. ATTEST: `~~ Linda M. Martin, Clerk Bruce J. BonDurant, Member 1 1 1 ~~, ;- REGULAR MEETING DECEMBER 20, 2006 The Board of Public Safety met in the regular meeting at 9:21 a.m. on Wednesday, December 20, 2006, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Bruce J. BonDurant, Patrick D. Cottrell, and Donald Alford present. Also present were Police Chief Thomas 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. ' ACCEPT MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mr. BonDurant, seconded by Mr. Alford and carried, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on November 29, 2006 were accepted with noted corrections. ADOPT RESOLUTION N0.75-2006 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (SHOEMAKER ANNEXATION AREA), Mr. Jeff Vitton, Community and Economic Development, stated that the Police Department and the Fire Department have no concerns about additional demands or expenses associated with the Annexation. Upon a motion made by Mr. Alford, seconded by Mr. Bondurant and carried the following Resolution was adopted by the Board of Safety: RESOLUTION NO. 75-2006 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 CENTRE TOWNSHIP (SHOEMAKER 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 Centre Township, St. Joseph County, Indiana, which is more particularly described at Page 15 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately .821 acres of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 46.3% contiguous, generally located at the southeast corner of U.S. 31 and Detroit Street. It is anticipated that the annexation area will be developed for a single story office/retail building and a parking lot. This 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 of 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 15 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 City of South Bend, by and through its Board of Public Safety, to furnish to said territory ~, 4 ~i REGULAR MEETING DECEMBER 20.2006 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 20th day of December, 2006. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez, President s/Juanita Dempsey, Member s/Donald Alford, Member s/Patrick Cottrell, Member sBruce Bondurant, Member Attest: s/Linda M. Martin, Clerk POLICE DEPARTMENT ACCEPT AND APPROVE RETIREMENT -DIVISION CHIEF EUGENE KYLE President Rodriguez advised that Chief Thomas Fautz has submitted to the Board the Application and Declaration for Retirement for Division Chief Eugene Kyle effective January 5, ' 2007. In his letter, Chief Fautz noted that Division Chief Kyle is retiring in good standing after serving for the last thirty-five (35) years and sixteen (16) days. Chief Fautz joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police Department and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Cottrell, seconded by Mr. Alford, and carried, the retirement was accepted and approved. FILE NOTICE OF DONATION TO SOUTH BEND POLICE DEPARTMENT In a letter to the Board, Police Chief Thomas Fautz advised the Board of a generous donation to the South Bend Police Department by the Indiana Council Fraternal Veterans and Social Society. The donation was presented to Corporal Greg Early and his K-9 partner Tina as part of the Officer's of the Year award they received from this organization. There being no further discussion, the donation was accepted and filed. ACCEPT AND APPROVE LETTER OF CORRECTION FOR EXTENDED MEDICAL LEAVE -SERGEANT CHARLES STOKES In a letter to the Board, Police Chief Fautz advised the Board of a correction to the previous letter of request for extended medical leave. Chief Fautz stated that the original letter requested a leave until January 21, 2007. Starting January 1, 2007, Sergeant Stokes will have to use his vacation time until it runs out and then can request another leave of absence. Chief Stokes is therefore requesting an extended medical leave of twenty-four (24) calendar days from December 8, 2006 to December 30, 2006. Upon a motion made by Mr. Cottrell, seconded by Mr. , Alford, and carried, the letter of correction was accepted and approved. ADOPT MODIFIED RESOLUTION NO. 71-2006 -ESTABLISHING AMOUNTS FOR LATERAL ENTRY PAYMENTS TO NEW MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT In a letter to the Board, Mr. Thomas Bodnar, Legal Department, stated that in its salary ordinance passed last year the Common Council authorized lateral entry pay. This is something that was the result of negotiations and which the Police Chief requested. The amount set forth in Section 2(c) authorized a minimum of $1,000.00 and a maximum of $3,500.00. The council was .t ~. ~ ~ REGULAR MEETING DECEMBER 20, 2006 content to allow the Board of Safety to set up the exact amounts of the payments. Chief Fautz recommended the amounts be set as stated in Modified Resolution 71-2006. Upon a motion made by Mr. Cottrell, seconded by Mr. Alford and carried the following Resolution was adopted by the Board of Safety: MODIFIED RESOLUTION N0.71-2006 ' A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING AMOUNTS FOR LATERAL ENTRY PAYMENTS TO NEW MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT WHEREAS, in 2005 the City's Chief Negotiator and Public Safety Spokesman, Charles Leone, and the City's advisory negotiating team reached an agreement with the Fraternal Order of Police on benefits and wages for police officers in the calendar years 2006, 2007, and 2008; and WHEREAS, the Common Council of the City of South Bend in Ordinance No. 9621-OS pursuant to those agreements, authorized lateral entry pay between $1,000 and $3,500 as a one time bonus for individuals found to be eligible and qualified to be a candidate on the South Bend Police Department who had requisite law enforcement experience and certification; and WHEREAS, the Board of Public Safety of the City of South Bend is authorized pursuant to I.C. 36-8-3-2(d) to adopt rules for the South Bend Police Department; and WHEREAS, it is in the best interest of the South Bend Police Department and its prospective officers to have rules establishing specific amounts of lateral entry payments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF ' THE CITY OF SOUTH BEND that the following one time bonus payments may be made to any individual who is certified as a police officer in the State of Indiana by the Indiana Law Enforcement Academy in the following amounts and subject to the following provisions: 1. An officer who is certified as a police officer in the State of Indiana or receives a waiver by the Indiana Law Enforcement Academy (ILEA) is entitled to receive $1,000; 2. A police officer with more than one (1) but less than three (3) years experience as a certified police officer shall be entitled to a $1,000 bonus; 3. A police officer with more than three (3) years experience as a certified police officer shall be entitled to a $1,000 bonus; 4. Any officer otherwise qualifying as a hostage negotiator, bomb technician, or crime scene technician or possessing similar special skills, shall receive one additional $500 bonus. The Chief of Police is authorized to decide, on behalf of the Board of Public Safety if the certification or skill level is appropriate for the bonus; 5. If the officer has paid his own expenses to the Indiana Law Enforcement Academy and was not reimbursed by any other employer and was not paid any salary or wages during the ILEA training by municipal corporation, that new officer shall receive, in addition to the $1,000 for certification, an additional $2,000 bonus. ' 6. The maximum total bonus which any police officer may receive is $3,500. 7. To complete eligibility for payment of the bonus, the officer must serve six (6) months with the South Bend Police Department. 8. If eligibility has been achieved in 2006, the bonus shall be paid in the last regular paycheck. In all subsequent years the bonus shall be paid not later than the second regular paycheck after the completion of the six (6) months. i REGULAR MEETING DECEMBER 20, 2006 9. All officers sworn in after January 1, 2006 shall be eligible for the bonus payment. Adopted this 20th day of December, 2006. CITY OF SOUTH BEND BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez ,President s/Donald Alford, Member , s/Juanita Dempsey, Member s/Patrick Cottrell, Member s/Bruce J. BonDurant, Member ATTEST: s/Linda Martin, Clerk ACCEPT AND APPROVE LETTER OF REQUEST FOR DEMOTION -SERGEANT JAMES MAXEY In a letter to the Board, Police Chief Thomas Fautz requested the Board to accept and approve, at Sergeant James Maxey's request, his demotion to Corporal to fill an opening in the NEST Unit. Chief Fautz Upon a motion made by Mr. Cottrell, seconded by Mr. Alford, and carried, the request for demotion was accepted and appoved. FIRE DEPARTMENT ADOPT RESOLUTION NO. 77-2006 -CLARIFYING THE FIRE DEPARTMENT HIRING POLICY In a letter to the Board, Mr. Bodnar stated that for many years the South Bend Fire Department has hired based upon a list according to numerical ranking. While the criteria has changed somewhat over the years, most significantly with an interview rather than an agility test making ' up half the total score, the choice has always been strict numerical order according to the best total score. However, two cases have come up in which a departure from that standard should be considered. The existing resolutions are silent on the issue of whether a candidate can be passed over and still retain his or her ranking on the list. Chief Taylor stated that this Resolution was an opportunity for the Fire Department to retain some qualified candidates that have asked for deferral. Mr. Bodnar presented an updated Resolution to include the requirement that if the candidate is unable to accept due to injury or illness, he/she shall be required to retake the CPAT at the candidate's expense. Upon a motion made by Mr. Bondurant, seconded by Ms. Dempsey, and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION N0.77-2006 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY CLARIFYING THE FIRE DEPARTMENT HIRING POLICY WHEREAS, the Board of Public Safety at its meeting on June 22, 2000 adopted Resolution 81-2000, a policy for hiring new firefighters, which Resolution has been amended from time to time; and WHEREAS, although the policy has been amended from time to time, it does not directly address the issue of whether a candidate, whose ranking entitles him/her to ' proceed through the employment process, may decline, for whatever reason, to be employed at that time and retain his/her position on the hiring list; and WHEREAS, it is in the best interest of the South Bend Fire Department and all candidates on the list to have this issue clarified. NOW, THEREFORE, BE IT RESOLVED that: N ~l ..~..l i. REGULAR MEETING DECEMBER 20.2006 1. When a candidate has been notified that he/she has been accepted for further testing for employment by the South Bend Fire Department but is unable to proceed due to injury or illness, the candidate shall retain a position on the hiring list for the duration of the hiring list, providing that the candidate notifies the South Bend Fire Department in writing of this inability within seven (7) days after either receiving notice or after the injury or illness, whichever occurs later. 2. When a candidate has been notified that he/she has been accepted for further testing for employment by the South Bend Fire Department but wishes to decline that opportunity at that time for any reason, he/she shall notify the South Bend Fire Department of that reason(s). Notice to the Fire Department must be given in writing within seven (7) days after receiving notice or after the event which is the cause for declining to proceed immediately, whichever comes later. The Chief of the South Bend Fire Department shall determine if the reason to decline is substantial and not frivolous and if there is a substantial likelihood that the candidate would accept another employment offer within one (1) year. If the Fire Chief determines that the reason is substantial and acceptance within one (1) year likely, the candidate may retain his/her position on the list. By declining to accept employment at the time it is originally offered, the candidate has relinquished his/her right to that position on the list and has no appeal from the decision of the Fire Chief. 3. If the candidate is unable to accept due to injury or illness, he/she shall be required to retake the C.P.A.T. at the candidate's expense. If the Fire Department has paid for a PERF physical and/or psychological examination for the candidate, then all costs for retaking those exams shall be paid by the candidate. 4. Nothing in this Resolution shall be construed as any guarantee that any further hirings will be made from the list prior to its expiration. 5. All other portions of Resolution 81-200 and any other amendments to the Resolution shall remain in full effect. Adopted this 20th day of December, 2006 CITY OF SOUTH BEND BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez ,President s/Donald Alford, Member s%Juanita Dempsey ,Member s/Patrick Cottrell, Member s/Bruce J. BonDurant, Member ATTEST: s/Linda Martin, Clerk FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -NOVEMBER 2006 Chief Luther Taylor submitted to the Board the monthly report for the month of November 2006 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Taylor stated that he will review the numbers for commercial alarms for Truck 6 and submit needed corrections at next month's meeting. ~.~ REGULAR MEETING A summary is as follows: DECEMBER 20.2006 NOVEMBER NOVEMBER 2005 2006 STRUCTURE FIRES -Property Damage--Buildings & Contents (Estimates) $388,250.00 $257,000.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 349 Inspections 314 Inspections 100 Re- 78 Re-Inspections Inspections INVESTIGATIONS - (Police/Fire Arson Bureau) 21 22 Investigations Investigations 3 5 Arson Arson There being no further discussion, the Monthly Statistical Analysis was accepted and filed. REQUEST FOR FIREFIGHTER RECRUIT TRAINING Chief Luther Taylor submitted to the Board a letter requesting permission to hire twelve (12) Fire Recruits as civilian City employees. The recruit class is scheduled to begin on January 8, 2007 for a period of approximately twenty (20) weeks with an effective date of hire as Firefighters in June of 2007. (Chief Fautz noted that the year in the letter of request was incorrectly stated as 2006). The names of the applicants are as follows: - Troy Williamson -Joshua Schoenthaler - Jared Pearish -Jason Kratzer - Jason Kuminecz - Jason Mappes - Andrew Slager - Grant Baker - Michael Hewartson - Anthony Marvel - Joshua Richert - Brandon Roark Upon a motion made by Mr. Bondurant, seconded by Ms. Dempsey and carried the request was approved pursuant to the correction of the dates of the class and the hire date in the letter being changed to the year 2007. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:35 a.m. BOARD OF PU~C SAFETY ~., ~., o ~G Donald L. Alford, ber Juanita Dempsey, Me er 1 1 1 ~. J -x REGULAR MEETING DECEMBER 20, 2006 ~~ / ~ Patrick D. Cottxel ,Member 1 1 /, Bruce J. BonDurant, Member ATTEST: ~~7 cv~ Li da M. Martin, Cler