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HomeMy WebLinkAbout04/28/10 Board of Public SafetyPUBLIC AGENDA SESSION APRIL 28 2010 28 The Board of Public Safety met in the Public Agenda Session at 8:03 a.m. on Wednesday, April 28, 2010 with President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, Special Counsel Joseph Simeri and Board Attorney Thomas Bodnar. The meeting was held at the South Bend Police Department Roll Call Room, 701 W. Sample Street, South Bend, Indiana. Board members discussed the following items from that list: - Addition to the Agenda Attorney Tom Bodnar informed the Board of an addition from the Fire Department of Charge 2010 -02 against Captain Paul Chlebowski. - Approve Promotion in Special Assignment — Police Department Board Attorney Tom Bodnar stated Chief Boykins informed him that this promotion should be permanent, not in Special Assignment. Corporal Patrick Hechlinski has been working in Special Assignment in the Crime Prevention Unit for six (6) months. The Chief stated he would forward a corrected letter to the Clerk. - Finding of Fact — 2010 -01 — Police Department Attorney Bodnar suggested if there is a decision to render punishment against Patrolman McKinley, he would recommend this meeting be continued in a couple of days so Special Counsel Joe Simeri can draw up the Findings of Facts. Mr. Bodnar noted the Findings will not be official until they are signed by the Board Members. - Employees of the Month — February 2010 — Police Department Police Chief Darryl Boykins informed the Board that Officers Eugene Eyster and Robert Wise were instrumental in stopping amurder for hire scheme. Officer Jamil Elwaer is being selected for stopping a stabbing in progress, apprehending the suspect, and saving the victim's life. When he arrived at the scene, a man was being stabbed continually by another man on the front porch of the residence, and was yelling that he was dyeing. When he approached the porch, the man continued to stab the other man. Officer Elwaer drew his gun and pointed it at the suspect, who ran. Officer Elwaer was able to apprehend the suspect eventually and cuff him when assistance arrived. He then applied pressure on the multiple stab wounds, helping to reduce the amount of blood lost on the victim, and saving his life. President Dempsey asked the Chief if these officers would be present at the Regular Meeting today. Chief Boykins stated they would not, but he would see about having the Employees of the Month present in the future. President Dempsey requested he also ask retirees to attend the Board of Safety meetings if they can. - Monthly Statistical Analysis — March 2010 — Police Department President Dempsey questioned whether the statistics could include actual shootings. Chief Boykins stated the statistics are FBI requests and the categories cannot be altered. - General Orders — Code of Conduct — Police Department Chief Daryl Boykins stated they are ready to go with the Board's earlier recommendations and Attorney Bodnar's changes have already been made to the Code of Conduct. Ms. Vasquez questioned why they are doing away with actual working days. Mr. Bodnar stated that officers are unable to sign -up for recall or use their badge and gun for off -duty work or employment during their time off. Chief Boykins added they also lose seniority in this time off. Lieutenant Rob Lanchsweerdt stated Patrolmen lose less days on a calendar day basis in comparison to a Detective because of their schedules. Mr. Cottrell stated the wording stating they can't wear their uniform and use their gun needs to be in the Code of Conduct. Lieutenant Lanchsweerdt stated it already is in there. Ms. Vasquez questioned why the recommendation was to remove Rule No. 1. Lieutenant Lanchsweerdt stated it is very vague. Chief Boykins stated it was originally put in there to address when excessive force used is not reported by a fellow officer. He added the issue of excessive force reporting is now addressed in the Use of Force section. Chief Boykins stated they should remove Rule No. 1 then. - Hiring List for 2010 -2011 — Fire Department Chief Buchanon stated recruiting for the Fire Department included ads in the papers, fliers sent to churches, and signs posted in front of every Fire Station. Ms. Vasquez noted there was not a good response from minorities. The Chief stated they did what they could to try to PUBLIC AGENDA SESSION APRIL 28 2010 29 attract minorities but the response was low. Mr. Bodnar stated the applicants will be taken in order and must pass the Perf physical, the psychological and the background checks. The results of those tests will determine who is hired, so they may be hired in different order than the list indicates. Chief Boykins agreed to keep the Board informed of any changes. - Charge 2010 -02 — Fire Department Mr. Bodnar stated the Clerk of the Board would need to serve papers of Charge 2010 -02 on Captain Paul Chlebowski. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:30 a.m. ATTEST: l it la M .Martin, Clerk BOARD OF PUBLIC SAFETY Juanita Dempsey, President Patrick D. Cottrell,'Member EXECUTIVE SESSION APRIL 28 2010 The Board of Public Safety met in the Executive Session on Wednesday, April 28, 2010 at 8:35 a.m. The meeting was held in the Police Chief s Conference Room, South Bend Police Department, 701 W. Sample Street, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5 -6.1 (b) (2) (B) and (b) (6) (A). President Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller were present. Also present was Special Counsel Joseph Simeri. Later in the meeting Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar attended the latter part of the meeting. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:25 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President Patrick D. Cottrell, Member EXECUTIVE SESSION ATTEST: ­Lpnda M. Martin, Clerk APRIL 28 2010 30 REGULAR MEETING APRIL 28.2010 The Board of Public Safety met in the regular meeting at 9:32 a.m. on Wednesday, April 28, 2010, with President Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, Special Counsel Joseph Simeri and Board Attorney Thomas Bodnar. The meeting was held at the South Bend Police Department Roll Call Room, 701 W. Sample Street, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS President Dempsey 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 March 31, 2010 and the Special Meeting of April 12, 2010 would be accepted as presented. POLICE DEPARTMENT ACCEPT AND APPROVE PROMOTION TO SERGEANT — PATRICK HECHLINSKI Chief Boykins recommended that Corporal Patrick Hecklinski be promoted to the rank of Sergeant in the Crime Prevention Unit. Corporal Hechlinkski was sworn on the department on April 11, 1990. Upon a motion made by Mr. Cottrell, seconded by Mr. BonDurant and carried, the recommended promotion was approved. Sergeant Hechlinski was present and received his badge from Chief Boykins. The Board joined the Chief in congratulating him. APPROVE FINDINGS OF FACTS — CHARGES 2010 -01 — NICHOLAS MCKINLEY In a motion, Mr. Cottrell stated the Board has decided to uphold Chief Boykin's recommendation of thirty (30) days suspension without pay. He added the Findings of Fact would be signed and made public at a Special Meeting of the Board on Monday, May 3, 2010, at 8:15 a.m. in the Boardroom on the 13t` floor of the County -City Building. Mr. BonDurant seconded the motion, which carried. ACCEPT AND FILE RECOMMENDATION FOR EMPLOYEES OF THE MONTH — FEBRUARY 2010 — EUGENE EYSTER ROBERT WISE AND JAMIL ELWAER hi a letter to the Board, Chief Boykins recommended that Eugene Eyster, Robert Wise, and Jamil Elwaer be selected as Employees of the Month for February 2010. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions noted by supervisors or citizens from both a professional law enforcement position and in support of the community policing efforts with citizens of South Bend. There being no further discussion, the recommendation was accepted for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MARCH 2010 President Dempsey indicated that unless there were questions or objections by members of the REGULAR MEETING APRIL 28 2010 31 Board, the monthly statistical report for the month of March 2010 as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: PART I OFFENSES MURDER RAPE ROBBERY AGGRAVATED ASSLT BURGLARY RES BURGLARY NON RES LARCENY MOTOR VEH THEFT ARSONS GRAND TOTAL FIRE DEPARTMENT MARCH MARCH 2009 2010 YEAR TO Property Damage -- Buildings & Contents (Estimates) $106,601.00 1 $88,000.00 INSPECTIONS DATE 2009 2010 CHANGE 112 Re-Inspections 2009 2010 3 0 3 4 0 3 7 + 4 12 17 24 26 + 2 54 63 18 26 + 8 66 64 100 140 + 40 252 344 51 19 - 32 99 71 249 229 - 20 734 621 25 17 - 8 72 58 7 5 480 469 2 12 11 1305 6 1244 CHANGE - 4 + 5 + 9 - 2 + 92 - 28 - 113 - 14 APPROVE REQUEST TO OPEN NEGOTIATIONS — LOCAL 362 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS In a letter to the Board, Mr. Todd Skwarcan of the above Local 362 Union requested the opening of negotiations. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the request was approved. APPROVE HIRING LIST FOR 2010 -2011 In a letter to the Board, Chief Buchanon presented the final hiring list for 2010 -2011, derived from a combination of 50% written test scores, 50% oral interviewing and enhancement points per Resolution No. 44- 2006.Chief Buchanon advised that all candidates have passed the Candidate Physical Ability Test (CPAT) and are subject to hire depending on passing their physical and psychological testing. The list consists of 155 candidates and will become effective April 28, 2010 to hire Firefighters and /or Paramedics until the list is either depleted or considered obsolete. Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the list was approved as presented. ACCEPT AND FILE TRAVEL AND TRAINING EXPENSE REPORT — JANUARY — MARCH 2010 In a letter to the Board, Chief Howard Buchanan, presented the above report detailing the name, destination, justification, departure and return date, cost and expenses for all South Bend Fire Department personnel for the first quarter of 2010. President Dempsey stated if there were no further questions, the report would be accepted for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MARCH 2010 Chief Howard Buchanon submitted to the Board the monthly report for the month of March, 2010, compiled by the Prevention/Inspection Bureau of the Fire Department. President Dempsey stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: 6 61 MARCH MARCH 2009 2010 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $106,601.00 1 $88,000.00 INSPECTIONS (Fire Prevention /Ins ection Bureau) 367 Inspections 4681nspections 132 Re-Inspections 112 Re-Inspections REGULAR MEETING 4PRIL.'?R ')0 1n 111) INVESTIGATIONS (Police /Fire Arson Bureau) 26 15 Investigations Investigations 7 4 Arson Arson ACCEPT 2009 ANNUAL REPORT Chief Buchanon presented each of the Board members with a copy of the 2009 Annual Report for the South Bend Fire Department. The Board accepted the reports and thanked the Chief. CHARGES 2010 -02 — PAUL CHLEBOWSKI Upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the Board accepted the filing of Charge 2010 -02, and requested the Clerk have the Charge served upon Captain Paul Chlebowski. The following charges were filed: FACTUAL ALLEGATIONS On April 9, 2010 Capt. Paul Chlebowski, a sworn member of the South Bend Fire Department, completed his assigned tour of duty at 7:00 a.m. at Fire Station 3, on McKinley Avenue, South Bend, Indiana. While still in uniform, Capt. Chlebowski remained at the Station. At approximately 7:15 a.m. he was observed possessing an alcoholic beverage in Fire Station 3, CHARGE On April 9, 2010 Capt. Paul Chlebowski possessed in a fire facility, Fire Station 3, an alcoholic beverage. This possession was not in the performance of his official duties, nor was it legally prescribed. His conduct violated Rule 300.00(6) of the South Bend Fire Department Duty Manual and is conduct unbecoming a South Bend Fire Firefighter, all in violation of I.C. 36- 8- 3- 4(b)(2)(B) and (H). PRIVILEGE OF THE FLOOR Captain Ron Marciniak stated he would like to personally thank the Board members for extending his sick leave request for his hip surgery at a past Board meeting. He noted he has been with the Department for thirty-nine (39) years and nine and a half (9 12) months and has carried his ninety (90) day sick bank for twenty (20) years. He stated he is extremely grateful to the Board for saving him the worry and stress. Captain Marciniak also stated he would like to thank Chief Horvath and Chief Boykins publicly. ADJOURNMENT President Dempsey stated the Findings of Fact for Patrolman Nicholas McKinley would be presented and signed at a Special Meeting of the Board on May 3, 2010 at 8:15 a.m. on the 13`h floor of the County -City Building. There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 10:01 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President Patrick D. Cottrell, Member Bruce Eddie Miller, Member REGULAR MEETING ATTEST: J-nda M. Marti , 21 Ik APRIL 28 2010 33