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HomeMy WebLinkAbout05/12/10 Board of Public SafetyPUBLIC AGENDA SESSION MAY 12, 2010 35 The Board of Public Safety met in the Public Agenda Session at 8:10 a.m. on Wednesday, May 12, 2010 with Board Members Patrick D. Cottrell, Laura Vasquez, and Eddie Miller present. Board President Juanita Dempsey and Board Member Bruce BonDurant were absent. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. The meeting was held in the South Bend Fire Department Classroom No. 1, Central Fire Station, 1222 S. Michigan St., South Bend, Indiana. Board members discussed the following items from that list: Additions to the Agenda Mr. Cottrell stated there are four additions to the agenda from the Police Department including a retirement, donation, promotion, and resignation. - Resolution No. 27 -2010 and 28 -2010 — Appointing an Agent/Negotiator to Represent the Board of Public Safety for the Upcoming Fire/Police Negotiations. Mr. Chuck Leone, City Attorney, informed the Board that collective bargaining negotiations will be starting up within the next month. He noted last year's negotiations led to a one year contract due to the uncertainty of revenues. This year Mr. Leone stated he is hoping to get a two (2) to three (3) year contract negotiated. He noted that relations are good, there is a good working process, and money is more predictable due to tax bills going out on time. Mr. Leone added that insurance funds are in good shape, and with the City wellness program the City has been able to keep costs down. He noted there may even by a slight benefit to the City with the passage of the new Health Care Reform Bill. Mr. Leone stated the Common Council will be meeting next Monday, May 17 at 5:30 to get an insurance briefing from the City Controller and the Board was welcome to attend. He stated he would circulate the notice of the meeting once he received it. Mr. Leone stated normal bargaining language in the Union contract states insurance benefits will be no less and costs no more than non - bargaining employees. Mr. Leone stated last year there were many cutbacks, but this year should be better for pay and benefits bargaining. Police Chief Darryl Boykins and Fire Chief Howard Buchanon stated they hear good reports on communication and relations from the Union. Chief Buchanon stated he has heard there are issues with the changes to the vacation groups, and the Union is hoping for a two (2) to three (3) year contract this year. Chief Boykins stated the main issues he hears about are monetary, and the promotional processes. • Request for Hearing — Paul Chlebowski Board Attorney, Torn Bodnar, stated the Board has to have the Hearing requested by Mr. Chlebowski on May 4, 2010, within thirty (3 0) days of the request. Special Counsel, Joseph Simeri, is only available on two of those days, May 27 and May 28. He noted the Board must have the Hearing by June 4, 2010. The Board agreed to request Mr. Simeri's availability on June 2, 2010, the next regularly scheduled Board of Safety meeting. The second choice agreed on by the Board members would be May 28, 2010. • Monthly Statistical Analysis — Police — April 2010 Chief Darryl Boykins, Police Department, noted that burglaries continue to rise. He stated the problem is still due to juveniles breaking into homes during the day in their own neighborhoods. He noted he is working out a plan to get the problem under control. • Resignation — Bridgette Kelly Chief Darryl Boykins, Police Department, stated this resignation of Ms. Kelly was very disappointing as she is the first black female on the force in many years. He added she is going to be an officer in the Military. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:49 a.m. BOARD OF PUBLIC SAFETY PUBLIC AGENDA SESSION ATTEST: nda M .Martin, Cle 1c EXECUTIVE SESSION MAY 12.2010 anita Dempsey, President Patrick D. Cottrel , Member Bruce J. BoaDurant, Member A. Vasquez, Eddie Miller, Member MAY 12.2010 36 The Board of Public Safety met in the Executive Session on Wednesday, May 12, 2010 at 8:52 a.m. The meeting was held in the Fire Chief s Conference Room, Central Fire Station, 1222 S. Michigan St., South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5 -6.1 (b) (2) (B) and (b) (6) (A). Board Members Patrick Cottrell, Laura Vasquez, and Eddie Miller were present. Board President Juanita Dempsey and Board Member Bruce BonDurant were absent. Also present were Police Chief Darryl Boykins, 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 9:14 a.m. BOARD OF PUBLIC SAFETY uanita Dempsey, President Patrick D. Cottrell, Member Bruce J Laura Vasquez, E Member Eddie Miller, Member REGULAR MEETING ATTEST: L' da M. Martin, Clerk MAY 12 2010 37 REGULAR MEETING MAY 12, 2010 The Board of Public Safety met in the regular meeting at 9:22 a.m. on Wednesday, May 12, 2010, with Board Members Patrick Cottrell, Laura Vasquez, and Eddie Miller present. President Juanita Dempsey and Board Member Bruce BonDurant were absent. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the South Bend Fire Department Classroom No. 1, Central Fire Station, 1222 S. Michigan St. South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Board Member Patrick Cottrell 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 April 28, 2010 and the Special Meeting of May 3, 2010, would be accepted with the noted changes. FIRE DEPARTMENT SET HEARING — CHARGES 2010 -02 - PAUL CHLEBOWSKI In a letter to the Board dated May 4, 2010, Captain Paul Chlebowski requested a Hearing of Charges 2010 -02. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the Board set the date for the Hearing of Charges 2010 -02 for June 2, 2010, at 10:00 a.m. ADOPT RESOLUTION NO.27 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 27 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator of the Fire Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Fire Department pursuant to Indiana Code §36- 8 -3 -2; and WHEREAS, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has until September 30, 2010 the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department before; and WHEREAS, the South Bend Common Council has already passed Resolution 4025 -10 naming Kathleen Cekanski - Farrand as the Council's Chief Negotiator; and WHEREAS, the 2010 Collective Bargaining Agreement between the City of South Bend and the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO will expire on December 31, 2010; and WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would REGULAR MEETING MAY 12.2010 38 appoint his or her own advisory City Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6. 1 (b)(2)(A); and WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WHEREAS, the City of South Bend Administration and the Board of Public Safety believe that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, as follows: Section I. The Board of Public Safety of the City of South Bend, Indiana hereby appoints Charles Leone, as its Agent for the upcoming labor negotiations with the Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO. Mr. Leone shall be the City's Chief Spokesperson and Negotiator concerning all matters related to the working conditions and other matters addressed in the Collective Bargaining Agreement except the annual compensation of the Firefighters. Section II. Ever respectful of the Common Council's legitimate interest with respect to annual compensation, Mr. Leone shall attempt to coordinate with Mrs. Cekanski - Farrand strategy, negotiation times, scheduling of executive sessions, advisory team membership, and other matters pertaining to negotiations. Section III. This resolution shall be in full force and effect from this date until a Collective Bargaining Agreement is signed by this Board or until October 1, 2010, whichever occurs first. Dated this 12th day of May, 2010. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, Member s/Laura A. Vasquez, Member s/Eddie L. Miller, Member Attest: s /Linda Martin, Clerk FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2010 Chief Howard Buchanon submitted to the Board the monthly report for the month of April, 2010, compiled by the Prevention/Inspection Bureau of the Fire Department. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: APRIL APRIL 1 2009 2010 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $5,855,700.00 $66,908.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 435 Inspections 349 Inspections 175 Re-Inspections 114 Re-Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 24 16 Investigations Investigations 2 3 Arson Arson REGULAR MEETING POLICE DEPARTMENT MAY 12, 2010 39 ACCEPT AND APPROVE RETIREMENT — SHARON JOHNSON Chief Darryl Boykins submitted to the Board the Application and Declaration for Retirement for Sergeant Sharon Johnson effective May 13, 2010. Chief Boykins noted that she has been with the Department since June 25, 1985. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the retirement was accepted and approved. ACCEPT AND APPROVE RETIREMENT — FRANK SCHEU Chief Darryl Boykins submitted to the Board the Application and Declaration for Retirement for Corporal Frank Scheu effective June 4, 2010. Chief Boykins noted that he has been with the Department since April 4, 1978. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the retirement was accepted and approved. ADOPT RESOLUTION NO. 28 -2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING POLICE DEPARTMENT NEGOTIATIONS Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 28-2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING POLICE DEPARTMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator of the Police Department and has the "exclusive control over all matters and property relating" to it and the authority to adopt the rules governing the Police Department pursuant to Indiana Code §36- 8 -3 -2; and WHEREAS, pursuant to Indiana Code § 36- 8- 3 -3(d), the Common Council has until September 30, 2010 the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Police Department before; and WHEREAS, the South Bend Common Council has already passed Resolution 4025 -10 naming Kathleen Cekanski - Farrand as the Council's Chief Negotiator; and WHEREAS, the 2010 Working Agreement between the City of South Bend and the Fraternal Order of Police South Bend Lodge No. 36 will expire on December 31, 2010; and WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would appoint his or her own advisory City Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5- 14- 1.5- 6.1(b)(2)(A); and WHEREAS, the Advisory City Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5- 14- 1.5 -2; and WHEREAS, the City of South Bend Administration and the Board of Public Safety believe that this Resolution is in the best interest of promoting positive and harmonious labor negotiations. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety ofthe City of South Bend, Indiana, as follows: Section I. The Board of Public Safety of the City of South Bend, Indiana hereby appoints Charles Leone, as its Agent for the upcoming labor negotiations with the Fraternal Order of Police South Bend Lodge No. 36 Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36. Mr. Leone shall be the City's Chief Spokesperson and Negotiator concerning all REGULAR MEETING MAY 12, 2010 40 matters related to the working conditions and other matters addressed in the Working Agreement except the annual compensation of the Police Officers. Section II. Ever respectful of the Common Council's legitimate interest with respect to annual compensation, Mr. Leone shall attempt to coordinate with Mrs. Cekanski- Farrand strategy, negotiation times, scheduling of executive sessions, advisory team membership, and other matters pertaining to negotiations. Section III. This resolution shall be in full force and effect from this date until a Working Agreement is signed by this Board or until October 1, 2010, whichever occurs first. Dated this 12th day of May, 2010. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, Member s/Laura A. Vasquez, Member s/Eddie L. Miller, Member Attest: s/Linda Martin, Clerk ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT Chief Boykins, Police Department, advised the Board of two generous donations made to the South Bend Police Department Youth Tennis Program by the United States Tennis Association. The donations were for $500.00 and $375.00. There being no further discussion, the donations were accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2010 Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the monthly statistical report for the month of April 2010 as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: APPROVE PROMOTION — DAVE WELLS In a letter to the Board, Chief Boykins recommended that Sergeant Dave Wells be promoted to the rank of Lieutenant in the Investigation Division effective May 12, 2010. Chief Boykins stated in his letter that Sergeant Wells was appointed to the Police Department on January 4, 1995. On December 6, 2000, he was promoted to Sergeant in the Uniform Division. On January 4, 2006 he was transferred to the Homicide Unit. From December 21, 1996 to the present he has been an active member of the Swat Team. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and APRIL APRIL YEAR TO DATE PART I OFFENSES 2009 2010 CHANGE 2009 2010 CHANGE MURDER 1 0 1 5 0 5 RAPE 3 3 0 15 20 + 5 ROBBERY 35 33 2 89 96 + 7 AGGRAVATED 22 25 + 3 88 89 + 1 ASSLT BURGLARY RES 101 158 + 57 353 502 + 149 BURGLARY NON 27 38 + 11 126 109 - 17 RES LARCENY 275 297 + 22 1009 918 - 91 MOTOR VEH 15 32 + 17 87 90 + 3 THEFT ARSONS 2 4 + 2 14 10 - 4 GRAND TOTAL 481 590 + 109 1786 1834 + 48 APPROVE PROMOTION — DAVE WELLS In a letter to the Board, Chief Boykins recommended that Sergeant Dave Wells be promoted to the rank of Lieutenant in the Investigation Division effective May 12, 2010. Chief Boykins stated in his letter that Sergeant Wells was appointed to the Police Department on January 4, 1995. On December 6, 2000, he was promoted to Sergeant in the Uniform Division. On January 4, 2006 he was transferred to the Homicide Unit. From December 21, 1996 to the present he has been an active member of the Swat Team. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and REGULAR MEETING MAY 12, 2010 41 carried, the recommended promotion was approved. ACCEPT AND APPROVE RESIGNATION — BR IDGETTE KELLY In a letter to the Board, Chief Boykins advised that the Board is in receipt of a letter of resignation from Patrolman Bridgette Kelly in which she tenders her resignation from the South Bend Police Department, effective May 10, 2010. Chief Boykins stated in his letter, that Ms. Kelly has been employed with the South Bend Police Department since April 21, 2008. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the resignation was accepted and approved. ADJOURNMENT There being no further adjourned at 9:31 a.m. ATTEST: da M. Martin, Cler business to come before the Board, Mr. Cottrell declared the meeting BOARD OF PUBLIC SAFETY A ita Dempsey, President Patrick D. Cottr 1, Member Bruce J. Laura A. Vasquez, Eddie Miller, Member