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Home My WebLink About06/06/07 Board of Public Safety Minutes~4J PUBLIC AGENDA SESSION JUNE 6, 2007 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, June 6, 2007 with President Jesusa Rodriguez, Board Members Juanita Dempsey, Donald Alford, Patrick D. Cottrell and Bruce J. BonDurant present. Also present were Police Chief Thomas Fautz, Fire Chief Howard Buchanon 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. Agenda Item Added - Filing of Report Mr.Cottrell stated he is in receipt of a report from Mr. Jason Kulick, Engineering Department, Notre Dame University, stating they are seeking a provisional patent application for their design, construction and installation of a system which monitors and manages the electronic systems within the police vehicles. They continue to work on a resolution problem with two sensors, and once complete, and patent in place, will have a public disclosure. Board members discussed the following item(s) from that list: - Correction to Minutes Mr. Bodnar noted an error in the Minutes of May 16, 2007 in the Executive Session paragraph. The Board was unable to use the Mayor's Conference Room, so the meeting was held in the Legal Department Conference Room. - Resolution No. 18-2007 Chief Buchanon stated there was an error in the Fiscal Plan on page seven (7). The Plan stated there are twelve (12) fire stations throughout the city, but there are only eleven (11). Chief Buchanon noted in paragraph C, Fire Response, it states additional Fire Department units would respond from Fire Station #5 located at 2221 Prairie Avenue, but it should state Fire Station #8, located on 2402 Twyckenham Drive. -Memorandum of Understanding Mr. Bodnar noted that this Memorandum would affect only one firefighter who had left for a few years and moved away. He came back, applied for the Fire Department, passed all of the testing, and was hired again. Mr. Bodnar is asking the Board's approval to allow the Fire Department to give him credit for all of his years of employment, as far as vacation time goes. ADJOURNMENT There being no fiu ther business to come before the Board, President Rodriguez declared the meeting adjourned at 8:35 a.m. BOARD OF UBLIC AFETY Donald L. Alford, M~iber _~ uanita Dempsey, Member 1 Patrick D. Cottrell; Member f ~- Bruce J. BonDurant, Member ~A,TTEST~ inda M. Martin, Jerk ~~ EXECUTIVE SESSION JUNE 6, 2007 The Board of Public Safety met in Executive Session on Wednesday, June 6, 2007, at 8:40 a.m. The meeting was held in the Mayor's Conference Room, 14`~ 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 were Police Chief Thomas Fautz, Fire Chief Howard Buchanon 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 9:05 a.m. OARD OF P TY Je sa Rodri~gu~ez, Ppresi Donald L. Alford, Me er anita Dempsey, Member v Patrick D. Cottrell, Member Bruce J. BonDurant, Member ATTEST: c~~ ~~ v L' da M. Martin, Cle k POLICE SELECTION PANEL JUNE 6, 2007 The Police Selection Panel met at 9:05 a.m. on Wednesday, June 6, 2007 in the Mayor's Conference Room, 14~` Floor, County City Building, South Bend, Indiana, for the purpose of formulating a recommendation to be made to the Board of Public Safety. Present were Police Chief Thomas Fautz, President Jesusa Rodriguez and Attorney Thomas Bodnar. Also present were Fire Chief Howard Buchanon and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick Cottrell. The meeting adjourned at 9:14 a.m. BOARD OF PiIJ$L~C SAFETY U,~ ~ Donald L. Alford, Me er anita Dempsey, Member ~__S~[ /C_- ~r ~ Patrick D. Cottrell, ember l~ J. Bruce J. BonDurant, Member ATTEST: _Q ~ , Li da M. Martin, Cle ~ n ;^ le } ~ REGULAR MEETING JUNE 6.2007 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, June 6. 2007, 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 Howard Buchanori 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. 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, the Regular meeting, and the Special Meeting of the Board held on May 16, 2007, and May 24, 2007 would be accepted with corrections. There being no further discr~ssion, upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the minutes were accepted. ADOPT RESOLUTION NO. 18-2007 - ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (PULLING AND US 31 ANNEXATION AREA) Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION N0.18-2007 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 (PULLING AND US 31 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 0.75 acres of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 22.24% contiguous, generally located at the northeast corner of Pulling Street and US 31 South. It is anticipated that the annexation area will be developed for uses applicable under the Commercial Business zoning classification as defined by the City of South Bend's Zoning Ordinance 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 ofpolice and fire protection to be furnished to the territory to be annexed; (2) the method (s) of fmancing 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 v~f REGULAR MEETING JUNE 6, 2007 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 temtory 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 6th day of June, 2007. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Jesusa Rodriguez s/Juanita Dempsey s/Donald Alford s/Patrick Cottrell sBruce J. BonDurant Attest: s/Linda Martin, Clerk POLICE DEPARTMENT POLICE SELECTION PANEL Mr. Cornell made a motion to accept the recommendation from Chief Thomas Fautz in his letter dated May 30, 2007 to hire four (4) police officers. Ms. Dempsey seconded the motion which carried. SWEARING IN OF POLICE OFFICERS - BLAKE DANIEL PATURALSKI - RUFINO GUERRERO GAYTON JR. - KELLY DANIEL HIBBS - ANTHONY JAMES .DAWSON Chief Thomas Fautz recommended that Blake Daniel Paturalski, Rufmo Guerrero Gayton, Jr., Kelly Daniel Hibbs, and Anthony James Dawson be accepted for employment on a probationary basis with the South Bend Police Department effective June 18, 2007. They have met the requirements of the application process of the South Bend Police Department. Anthony Dawson is a certified police officer in the State of Indiana and will not have to attend the Indiana Law Enforcement Academy. Blake Pautralski, Rufino Gayton, Jr., and Kelly Hibbs will be attending the Indiana Law Enforcement Academy in Plainfield Indiana from July 2, 2007 to October 12, 2007. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the recommendation was approved. Mr. John Voorde, City Clerk, was present and administered the Oath of Office to the above listed individuals. The Board wished them well in their endeavors with the -South Bend Police Department. ACCEPT AND APPROVE PROMOTION - JASON KING In a letter to the Board, Chief Thomas Fautz requested that Patrolman Jason King be promoted from the rank of Patrohnan to the rank of Corporal, effective June 14, 2007. He has successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the promotion was accepted and approved. 1 1 1 C~ii9 REGULAR MEETING JUNE 6, 2007 ACCEPT AND APPROVE PROMOTION -ANTONIO PACHECO In a letter to the Board, Chief Thomas Fautz requested that Patrolman Antonio Pacheco be promoted from the rank of Patrolman to the rank of Corporal, effective June 14, 2007. He has successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the promotion was accepted and approved. ACCEPT AND APPROVE RESIGNATION - PATROLMAN DAVID HOCKENHULL In a letter to the Board, Chief Thomas Fautz stated that Patrolman David Hockenhull has submitted a request to resign from the South Bend Police Department, effective May 6, 2007. Chief Fautz asks the Board for their approval of the request. He was sworn in on the South Bend Police Department on August 28, 2006. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the request was accepted and approved. FILING OF CHARGES - 07-01 -CORPORAL TONY MACIK President Rodriguez indicated that unless there were questions or objections by members of the Board, Charge 07-01 as submitted by the Police Department would be accepted for filing. There being no objections, the following Charges were accepted for filing and the Clerk was instructed to send a letter to notify Corporal Macik of the Charges: FACTUAL ALLEGATIONS On July 12, 2006 Cpl. Tony Macik, a sworn member of the South Bend Police Department, while off-duty at approximately 11:00 a.m., at a business known as Duncan Systems, Inc., 29391 U.S. 33, Elkhart County, Indiana, knowingly and without provocation grabbed and touched in a rude, insolent and angry manner, Steve Petenger. Also at about that time, Cpl. Macik kicked a door and damaged the door and door frame belonging to Duncan Systems, Inc. As a result of his actions Corporal Macik was charged with, pled guilty to and was found guilty of a Charge of Battery, Class A, Misdemeanor (LC. 35-42-2-1 (1) in the Elkhart Superior Court 6 on Apri14, 2007. Corporal Macik received a one (1) year suspended sentence and was placed on a one (1) year reporting probation. This conviction provides grounds for discipline under I.C. 36-8-3-4 (b)(I ). COUNT I On Apri14, 2007, Corporal Tony Macik was found guilty of knowingly touching in a rude, insolent or angry manner Steven Petenger, which act resulted in bodily injury, to wit: physical pain to Steven Petenger, which is contrary to the form of I.C.35-42-2-1(a)(1), and a Class A Misdemeanor. Said conduct and the resulting conviction violates I.C. 36-8-3-4(b)(1). COUNT II On July 12, 2006, Corporal Tony Macik, a member of the South Bend Police Department, while off-duty at a business known as Duncan systems, Inc. , 29391 U.S. 33, Elkhart County, Indiana, lost his temper and knowingly touched in a rude, insolent or angry manner Steven Petenger which act resulted in a bodily injury to Steven Petenger. Such conduct violated I.C.36-8-3- 4(b)(2)(B)(G) and (II) and Rules 302.00(A)(1)(2)(3)and (20) of the South Bend Police Department Duty Manual, and reflected unfavorably upon the South Bend Police Department. COUNT III On July 12, 2006, at a business known as Duncan Systems, Inc., 29391 U.S. 33, Elkhart County, Indiana, Corporal Tony Macik lost his temper and did knowingly damage of deface the property (door and doorframe) of Duncan Systems, Inc., without the consent of Duncan Systems, Inc. Said conduct violated I.C.35-43-1-2(a)(1), I.C.36-8-3-4(b)(2)(B)(G) and (II) and Rules 302.00(A)(1)(2)(3) and (20) of the South Bend Police Department Duty Manual entitled "Rules of Conduct: Officers: 1. Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department. 'E! ~: J REGULAR MEETING JUNE 6, 2007 2. Shall .conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is fiirther charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department any activity contrary to this concept, may subject an officer to disciplinary action. 3. Shall obey all criminal laws of the United States of America and of any state or local jurisdiction in which they are present. 20. Shall be courteous to the public and other personnel. Officers shall be tactful, in control of their tempers, exercise patience and discretion. In the performance of their duties, officers shall maintain a neutral attitude without indicating disinterest or that the matter is petty or insignificant. Officers shall not use coarse, profane or degrading language or gestures and shall not express any prejudice concerning race, religion, politics, national origin or personal characteristics. Because of Corporal Macik's actions during the encounter at Duncan Systems, validated by the internal investigation that followed, it is Chief Fautz' recommendation that Corporal Tony Macik, PN #2023, be terminated from his employment with the South Bend Police Department. FILING OF ENGINEERING REPORT Mr. Patrick Cottrell stated that he is in receipt of a report from Mr. Jason Kulick, Notre Dame Engineering Department, in regazd to a provisional patent application for their design, construction and installation of a system which monitors and manages the electronic systems within the police vehicles. President Rodriguez indicated that unless there were questions or objections by members of the Board, the Engineering Report as submitted by Mr. Kulick would be accepted for filing. There being no objections, the report was accepted for filing. FIRE DEPARTMENT APPROVE MEMORANDUM OF UNDERSTANDING In a letter to the Boazd, Mr. Bodnar requests the Board to ratify a Memorandum of Understanding concerning an employee who resigns from the Fire Department, but is later sworn in again. Mr. Bodnar noted the Boazd did an amendment to the Hiring Policy to cover the situation, but that was unilateral action and did not amend the Collective Bargaining Agreement. This Memorandum is consistent with the Hiring Policy amendment, and involves one employee. The effect for this returning employee is that his total time would be treated as if it were continual time, rather than the date of his second swearing in. Upon a motion made by Mr. BonDurant, seconded by Mr. Alford, and carried, the Memorandum of Understanding was approved. ADJOLJRNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:35 a.m. ~ BOARD O PUBLIC ETY Jes~'is~ Rodriguez, ,~/at,.e.~ .4 , Donald L. Alford, Mein er uanita Dempsey, Member 1 1 1 Patrick D. Cottrell, Member i REGULAR MEETING JUNE 6, 2007 Bruce J. BonDurant, Member ATTEST: c.e~ ~~. ' .Linda M. Martin, erk 1 1