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HomeMy WebLinkAbout02/08/07 Board of Public Safety Minutes~~o EXECUTIVE SESSION FEBRUARY 8, 2007 The Board of Public Safety met in Executive Session on Thursday, February 8, 2007, at 8:00 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 I.C. 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 Cottrell were present. Also present during parts of the session were Police Division Chief Rick Bishop, and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. As outlined in grievance ' procedure, the Board did not discuss this matter as a quorum. The meeting adjourned at 8:30 a.m. BOARD OF PUBLIC SAFETY J su a guez P nt ~~? ~° Donald L. Alford, Me er Juanita Dempsey, Member ~~~~ Patrick D. Cottrell, Member Bruce J. BonDurant, Member AT EST: in a M. Martin, Clerk ' SPECIAL MEETING FEBRUARY 8, 2007 The Board of Public Safety met in a special meeting at 8:37 a.m. on Thursday, February 8, 2007, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick D. Cottrell present. Also present were Police Division Chief Rick Bishop and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor, County-City Building, South Bend, Indiana. POLICE DEPARTMENT ACCEPT AND APPROVE BOMB SQUAD CONTRACT -CITY OF MISHAWAKA In a memorandum to the Board, Mr. Bodnar, Legal Department, stated that the above referenced contract allows the City of South Bend to be held harmless for their actions by and provides reimbursement from the City of Mishawaka for non-personnel expenses. Mr. Bodnar noted that in the past the City of South Bend has performed this service on a voluntary basis without reimbursement or other agreements. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, Mayor Luecke was authorized to enter into the Bomb Squad contract. ' APPROVAL OF ADMINISTRATIVE LEAVE - WAYNE BOOCHER In a letter to the Board, Chief Fautz, Police Department, stated that Sergeant Wayne Boocher was charged with Domestic Battery (Class A Misdemeanor), Domestic Battery (Class A Misdemeanor), and Domestic Battery (Class D Felony), Cause #71 D080701 FD00118. Chief Fautz is requesting the Board, pursuant to IC 36-8-3-4 (n), place Sergeant Boocher on Administrative Leave without pay until the disposition of the criminal charges in the trial court. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the Administrative Leave without pay was approved effective February 8, 2007. v l .t SPECIAL MEETING FEBRUARY 8, 2007 GRIEVANCE HEARING -CORPORAL ANTHONY ROSS President Jesusa Rodriguez asked Corporal Anthony Ross if he had any further comments concerning the continuance of his Grievance Hearing. Corporal Ross stated that he had nothing further to state except that he hoped to get the wording of the Working Agreement changed to allow for all fathers to be able to have time off for the birth of their children, and he would like to have his three (3) personal days reinstated. Mr. Bodnar questioned the term personal days and stated that all correspondence concerning this issue had indicated that this was vacation days used, not personal days. Corporal Ross stated that he had used his vacation and one (1) personal day in 2006, and two (2) personal days in 2007. Mr. Bodnar requested a moment to retrieve the Working Agreement between the City of South Bend and Fraternal Order of Police #36 because this was the first time this information was brought up and he needed to check the Working Agreement. Corporal Ross presented Mr. Bodnar with a copy of the portion of the Working Agreement in dispute in his possession. Upon examination, Mr. Bodnar stated that regardless of the time used, the meaning of the word "spouse" is clear and further, Step One (1) in the Grievance process was not followed in a timely basis. President Rodriguez stated that in reaching their decision, the Board had considered four (4) issues. The first issue is the time Corporal Ross had to research what his benefits were concerning the birth of his child. She stated that there were nine (9) months for him to plan for his time off, and he should have been aware, by the time his child was born, of what he was entitled to. The second issue is the language in the Working Agreement. President Rodriguez stated that the Board was in agreement that the language was clear in stating that only the spouse is allowed three (3) days off. The third issue is that all parties involved, the City of South Bend, the Fraternal Order of Police, and the Legal Department came to an agreement on these terms before signing the Agreement. The last issue President Rodriguez stated was actually a question. The Board would like to know if employees are informed of any changes to the Working Agreement, and how they are informed. Sergeant Jim Walsh, representing the Fraternal Order of Police, stated he was involved in the negotiations and this was a difficult issue for them to negotiate. He stated that due to the wording, this issue went from one (1) day to three (3) days. The term "significant other" couldn't be defined, ' and it was finally agreed that "spouse" would have to be used. He stated that there have been other instances where a "significant other" has been given time off for the birth of their child based on their relationship with the mother. Lieutenant Scott Ruszkowski, President, Fraternal Order of Police, stated that the spirit in which this was written does mean spouse. He noted that the wording can be changed with a Letter of Understanding agreed upon by the Fraternal Order of Police, the City of South Bend, and the Board of Public Safety. He stated that any changes to the Working Agreement are e-mailed to all employees. Division Chief Bishop added that the Working Agreement was voted on by the Fraternal Order of Police and was approved by the maj ority of its members. The two Fratemal Order of Police representatives agreed with that statement. Mr. BonDurant stated that the wording couldn't be any clearer. He went on to state that a child born to an Employee, means a woman who gives birth; or to an Employee's spouse, means a male employee who is married to a woman who gives birth. Mr. BonDurant stated that two sentences that are juxtaposed are legally acceptable to be taken in context as complementing one another. President Rodriguez stated that the Board was in agreement that Corporal Ross's request for three (3) days leave for the birth of his child be denied, and stated that changes to the wording in the Working Agreement be referred to the Fraternal Order of Police. Upon a motion made by Ms. Rodriguez, seconded by Mr. Alford and carried, the motion to grant three (3) days paid leave for the birth of Corporal Ross's child was denied. PRIVILEGE OF THE FLOOR Lieutenant Scott Ruszkowski stated that the wording was something the Fraternal Order of Police had trouble with, but it was agreed upon by all that the term "spouse" was the correct wording at the time of negotiations. He agreed with the Board's decision that the wording was clear in it's meaning, and stated that the Fraternal Order of Police needed to look at this section of the Working Agreement and produce a Letter of Understanding to address similar future situations. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:00 a.m. BOARD OF PUBLIC SAFETY (~ FS' ~. L SPECIAL MEETING Jesusa iguez, sident Donald L. Alford, Merl er ' FEBRUARY 8, 2007 Juanita Dempsey, Member Patrick D. Cottrell, ember lv ~ ~ . Bruce J. BonDurant, Member ATTEST: L da M. Martin, Cl rk 1 1