HomeMy WebLinkAbout05/11/05 Board of Public Safety Minutesy S "1 ~~ : t`~ ,~
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PUBLIC AGENDA SESSION MAY 11, 2005
The Board of Public Safety met in the Public Agenda Session at 8:00 a.m, on Wednesday, May 11,
2005 with President Jesusa Rodriguez and Board Members Wesley Taylor and Donald Alford
present. Board Member Juanita Dempsey was not present. Also present were Police Chief Thomas
H. Fautz, Fire Chief Luther Taylor 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.
rMr. Bodnar explained to the Board that the Board of Safety could authorize the City Clerk to swear
in police officers for the Police Department. The Board of Safety is not "in charge" of this process.
The swearing in process must be completed in a timely fashion, as the Police Academy has openings
for training only at certain times, and the officers must be sworn in before they attend.
The Fire Department will usually swear in new firefighters once a year. A special meeting of June
30, 2005, at 9:00 a.m., at the new Central Fire Station has been set for swearing in of fire fighters.
Chief Luther Taylor submitted updated statistics for Apri12005.
- Minutes
Mr. Bodnar stated the minutes had been reviewed.
- Add Resolution No. 37- 2005 to Agenda -Inspection of Food Vending Vehicles
Mr. Bodnar stated this Resolution authorizes the Police Department to inspect all food
vending vehicles for mechanical condition and safety.
- Request for Promotion -Police Department
Chief Fautz stated this is a promotion to Lieutenant.
- Request for Special Police Commission -Police Department
Mr. Bodnar explained the Special Police Commission is for a new hire.
- Monthly Statistical Analysis -Police Department
' Chief Fautz indicated they would discuss the statistics at the Executive Session.
- Fraternal Order of Police Invitation -Memorial Service -Police Department
Mr. Bodnar stated the invitation is for the annual tribute and memorial service for departed
police officers, scheduled for May 18, 2005.
- Resolution No. 36-2005 - Appointing an Agent/Negotiator for Upcoming Police Department
Negotiations
Mr. Bodnar explained that the City Council sets the salary for Fire and Police. The Board of
Public Safety sets the terms and conditions of employment. The Board of Safety deferred to
a single negotiator for the upcoming negotiations for the working agreement, in lieu of
appointing a "team' ;which would be subject to the Open Door Policy. The City Council
will then approve an Ordinance for wages after negotiations. Chuck Leone, City Attorney,
who has been appointed the negotiator, and will report back to the Board of Safety at its
Executive Sessions. Mr. Leo Blackwell, Indianapolis, will represent the F.O.P., tentatively.
Mr. Bodnar also explained that once the State legislature adjourns in April, the City of South
Bend will be able to work with a budget for wages.
- Monthly Statistical Analysis -Fire Department
Chief Luther Taylor submitted updated statistics.
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ADJOURNMENT
There being no further business to come before the Board, President Rodriguez declared the meeting
adjourned at 8:25 a.m.
G~~
Dona d L. Alford, Member
PUBLIC AGENDA SESSION
MAY 11, 2005
Wesley .Tay r., Member
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Angela . Jacob, C rk
EXECUTIVE SESSION
uanita Dempsey, Member
MAY 11, 2005
The Board of Public Safety met in Executive Session on Wednesday, May 11, 2005, at 8:27 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) and
adjourned at 8:58 a.m. Board members did not discuss any subject matter other than the subject
matter as specified in the Public Notice.
BOARD OF PUBLIC SAFETY
J susa Rodriguez, Presi
AT EST:
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Angela I .Jacob, Clerk
REGULAR MEETING
Donald L. Alford, Me r
Wesley B. aylo~ J ,Member
anita Dempsey, Member
MAY 11, 2005
The Board of Public Safety met in the regular meeting at 9:06 a.m. on Wednesday, May 11, 2005,
with President Jesusa Rodriguez and Board Members Wesley B. Taylor and Donald Alford present.
Board Member Juanita Dempsey was not present. Also present were Police Chief Thomas H. Fautz,
Fire Chief Luther Taylor 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. .
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, and Regular meetings of the Board held on April
20, 2005 would be accepted. '
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REGULAR MEETING
POLICE DEPARTMENT
MAY 11, 2005
APPROVAL OF PROMOTION -DAVID RYANS
Chief Thomas Fautz requested that Sergeant David Ryans be promoted to the rank of Lieutenant
reffective May 11, 2005. Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried,
the request was approved.
APPROVAL OF REQUEST FOR SPECIAL POLICE COMMISSION - BRET HERRING
In a letter to the Board, Police Chief Thomas Fautz recommended that a Special Police Commission
be issued on May 11, 2005, until revoked, for Mr. Bret Herring, for Parking Properties. This
Commission is issued for the on-street patrol parking enforcement personnel and does not include
the carrying of a weapon or the powers of arrest. Mr. Herring has met the Commission requirements
of the South Bend Police Department. Upon a motion made by Mr. Alford, seconded by Mr. Taylor
and carried, the Special Police Commission was approved.
FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -APRIL 2005
President Rodriguez indicated that unless there were questions or objections by members of the
Board, the statistical report for the month of April 2005 as submitted by the Police Department,
would be accepted for filing. There being no objections, the following report was accepted for filing:
A~ri12005
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PARTIOFFENSES
MURDER
RAPE
ROBBERY
AGGRAVATED ASSAULT
BURGLARY RES
BURGLARY NON RES
LARCENY
MOTOR VEH THEFT
ARSONS
GRAND TOTAL
YEAR TO DATE
2004 2005 CHANGE (04) (O51 CHANGE
0 3 +3 4 5 + 1
5 7 +2 18 19 + 1
31 26 - 5 95 85 - 10
14 51 +37 83 123 + 40
61 87 +26 259 288 + 29
47 46 - 1 212 148 - 64
367 346 -21 1496 1262 -234
33 43 +10 162 152 - 10
3 4 + 1 13 20 + 7
561 613 +52 2342 2102 -240
ADOPT RESOLUTION NO. 36-2005 - APPOINTING A LEAD NEGOTIATOR
Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the following Resolution
was adopted by the Board of Public Safety:
RESOLUTION NO. 36-2005
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 ADDRESSING THE ADVISORY CITY NEGOTIATING TEAM FOR THE
UPCOMING POLICE DEPARTMENT NEGOTIATIONS
WHEREAS, the Board of Public Safety has the "exclusive control over all matters and
property relating" to the Police Department pursuant to Indiana Code § 36-8-3-2(b)(2); and
WHEREAS, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive
authority to fix by ordinance the annual compensation for all members of the South Bend Police
Department before September 20, 2005; and
WHEREAS, the Common Council and the City Administration have for the last twenty (20)
years agreed upon a Chief Negotiator or Negotiating Team to negotiate with the Fraternal Order of
Police Lodge No. 36 concerning such items as annual compensation, monetary fringe benefits,
working conditions, and other items related to the South Bend Police Department, all of which
negotiations resulted in an agreement; and
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• REGULAR MEETING
MAY 11, 2005
WHEREAS, the 2004-2005 Collective Bargaining Agreement between the City of South
Bend and the Fraternal Order of Police Lodge No. 36 expires at the end of this year, along with
Ordinance No. 9243-01 and Ordinance No. 9501-04, which establish salaries and other annual
compensation for members of the South Bend Police Department for calendar years 2002 through
2005; and
WHEREAS, mindful of past successes when there is a joint negotiating team or joint
advisory team, 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, bythe Board ofPublic Safety ofthe City of South
Bend, Indiana, as follows:
Section I. The Board of Public Safety, the City of South Bend, Indiana hereby appoints
Charles Leone, as its Agent for the upcoming labor negotiations with the Fraternal Order of Police
Lodge No. 36 representing the South Bend Police. 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 Police.
Section II. Mr. Leone shall coordinate matters of strategy, negotiation times, scheduling of ,
executive sessions, advisory team membership, and other matters pertaining to negotiations with
whomever is appointed as Lead Negotiator by the South Bend Common Council.
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 September 20, 2005, whichever occurs earlier.
Dated this 11`" day of May 2005. .
BOARD OF PUBLIC SAFETY
s/Jesusa Rodriguez
s/Donald Alford
s/Wesley Taylor, Jr.
Attest:
s/Angela K. Jacob, Clerk
ADOPT RESOLUTION NO. 37-2005 -AUTHORIZING THE POLICE CHIEF TO UTILIZE
CENTRAL SERVICES EMPLOYEES IN THE ANNUAL INSPECTION OF FOOD VENDING
VEHICLES
Upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the following Resolution
was adopted by the Board of Public Safety:
RESOLUTION NO. 37-2005
A RESOLUTION OF THE BOARD OF PUBLIC SAFETY AUTHORIZING THE POLICE
CHIEF TO UTILIZE CENTRAL SERVICES EMPLOYEES IN THE ANNUAL INSPECTION
OF FOOD VENDING VEHICLES
WHEREAS, Section 4-25 of the South Bend Municipal Code provides for the licensing of
food vending vehicles and requires, as part of the licensing procedure, that the vehicle be checked for
required safety equipment and mechanical condition by the South Bend Police Department; and
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REGULAR MEETING MAY 11, 2005
WHEREAS, the personnel of the Division of Central Services of Department of Public
Works are equally or more qualified to inspect vehicles for mechanical condition and safety; and
WHEREAS, the use of the personnel of the Division of Central Services of the Department
of Public Works to inspect food vending vehicles would be more economical and free South Bend
Police Department officers to do their other duties..
THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY that the South
Bend Police Department is hereby authorized to utilize personnel ofthe Division of Central Services
of the Department of Public Works to perform the inspection of food vending vehicles as required by
Section 4-25(c)(2) of the South Bend Municipal Code and to adopt the results of that inspection.
Dated this 11`" day of May, 2005.
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Attest:
s/Angela K. Jacob, Clerk
BOARD OF PUBLIC SAFETY
s/Jesusa Rodriguez
s/Donald Alford
s/Wesley Taylor, Jr.
FILING OF MONTHLY STATISTICAL REPORT -APRIL 2005
Chief Luther Taylor submitted to the Board the monthly report for the month of Apri12005 complied
by the Prevention/Inspection Bureau of the Fire Department.
A summary is as follows:
.During the month of April the Fire Department responded to structure fire with property damage of
buildings and contents entered at:
Apri12005 - $209,300.00 Apri12004 - $145,020.00
Additionally, during the month of April, the Fire Prevention/Inspection Bureau performed
inspections including compliances, violations and inspections:
Apri1 2005 - 507
108 Re-Inspections
Apri1 2004 - 43358
130 Re-Inspections
The Police/Arson Bureau performed investigations as follows:
Apri12005 - 12 Investigations, 4 Arsons
Apri12004 - 13 Investigations, 2 Arsons
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ADJOURNMENT
There being no further business to come before the Board, President Rodriguez declared the meeting
adjourned at 9:40 a.m.
~ST:
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Angela .Jacob, Cl rk
BOARD OF PUBL
Jesusa odrieuez. President
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