HomeMy WebLinkAbout08/10/07 Board of Public Safety Minutes - Special Mtg~' ~ .4 SPECIAL MEETING
AUGUST 10, 2007
The Board of Public Safety met in a special meeting at 8:09 a.m. on Friday, August 10, 2007, with
President Jesusa Rodriguez and Board Members Patrick Cottrell, Juanita Dempsey, Donald Alford
and Bruce J. BonDurant present. Also present during the session were Mr. Thomas Bodnar, Mr.
Joseph Simeri, Attorney for the Board of Public Safety, Police Chief Thomas Fautz, and Assistant
Fire Chief Mark Nowicki. A court reporter from Midwest Reporting was present to record the
hearing. The hearing was held in the Common Council Chambers, 4`~' Floor, County-City Building,
South Bend, Indiana.
FIRE DEPARTMENT '
FILING OF CHARGES - 07-02 -CAPTAIN JAMES GADACZ
President Rodriguez indicated that unless there were questions or objections by members of the
Board, Charge 07-02 as submitted by the Fire Department would be accepted for filing. Upon a
motion by Ms. Dempsey, seconded by Mr. Cottrell and carried, the following Charges were accepted
for filing and the Clerk was instructed to send a letter to notify Captain Gadacz of the Charges:
FACTUAL ALLEGATIONS
On March 2, 2007, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department,
while off-duty, drove his private vehicle while traveling north in the 1100 block of Niles Avenue in
the City of South Bend while intoxicated. He had previously been convicted of operating a motor
vehicle while intoxicated. As a result of his actions, Captain Gadacz was charged with, pled guilty
to and was found guilty of operating a motor vehicle while intoxicated after having been convicted of
operating a motor vehicle while intoxicated, a Class D Felony, inCause No. 71 D02-0703-FD-00224
in the St. Joseph Superior Court on August 8, 2007.
COUNTI
The conduct of Captain James Gadacz violates IC 36-8-3-4 (b)(2)(B) and (H) because his conduct
was unbecoming a sworn firefighter and violates Rule 300.00(1) and 300.00(11)(A) of the South .
Bend Fire Department Duty Manual.
COUNT II
The conviction of Captain James Gadacz inCause No. 71 D02-0703-FD-0024 in St. Joseph Superior
Court on August 8, 2007, is a violation of IC 36-8-3-4 (b)(1).
It is the recommendation of Chief Buchanon that (1) Captain Gadacz be suspended from duty
without pay for (365) calendar days, and (2) Captain Gadacz be demoted in rank from Captain to
Engineer effectively immediately.
RECESS
President Rodriguez moved the Board take a short recess at 8:10 a.m. for an Executive Session and
instructed everyone to return at 8:25 a.m.
EXECUTIVE SESSION AUGUST 10, 2007
The Board of Public Safety met in Executive Session on Monday, August 10, 2007, at 8:12 a.m. The
meeting was held in the Common Council Chambers, 4th 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 Patrick Cottrell, Donald Alford, Juanita Dempsey and Bruce J.
BonDurant were present. Also present was Attorney Joseph Simeri. Board members did not discuss '
any subject matter other than the subject matter as specified in the Public Notice. The meeting
adjourned at 8:47 a.m.
BOARD OF PUBLIC SAFETY
SPECIAL MEETING
1
ATTEST:
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Li da M. Martin, -Jerk
AUGUST 10.2007
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Donald L. Alford, Me er
anita Dempsey, Member
Patrick D. Goitre 1, Member
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Bruce J. BonDurant, Member
RECONVENE
The Board reconvened the Hearing at 8:50 a.m.
POLICE DEPARTMENT
JOINT MOTION FOR CONTINUANCE -CHARGE 07-01 -CORPORAL TONY MACIK
The Board was presented with a Joint Motion for Continuance by Chief Thomas Fautz and Tony
Macik, by their respective attorneys. The parties moved the Board postpone all action in this matter
for at least six (6) weeks or until such time as this matter is deemed appropriate to be heard by the
Board of Public Safety. The motion requires the Respondent to notify the Board as soon as possible
if Respondent elects not to pursue disability pension. Mr. Alford made a motion the Continuance be
granted subject to the following conditions:
1) The Hearing be re-scheduled for September 19, 2007, the normal meeting schedule of the
Board of Safety.
2) Mr. Macik is to use only his personal time, vacation time, and sick time and is not to be
paid a regular salary.
3) There would be no further Continuances granted.
Mr. BonDurant seconded the motion, and the Continuance was granted subject to the above
conditions.
ADJOURNMENT
The Hearing adjourned at 8:50 a.m.
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ATTEST
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nda M. Martin, Cle plc
BOARD OF PU$];,IC SAFETY
Donald L. Alford, Mer~fer
anita Dempsey, Memb r
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Patrick D. Cottrell, Member ~
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Bruce J. BonDurant, Member