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HomeMy WebLinkAbout10/05/05 Board of Public Safety Minutest)~`: c PUBLIC AGENDA SESSION OCTOBER 5, 2005 The Board of Public Safety met in the Public Agenda Session at 8:07 a.m. on Wednesday, October 5, 2005 with President Jesusa Rodriguez and Board Members Wesley Taylor, Juanita Dempsey and Donald Alford 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. Agenda Items Added: The following items were added to the agenda: - Recommendation for Trick or Treat Hours Board members discussed the following item(s) from that list. - Second Amended Agreement -University of Notre Dame -Fire Department Mr. Thomas Bodnar stated that the Second Amended Agreement is for Emergency Medical Services for Notre Dame home games during the 2005 football season. The Amendment to the Agreement consists of the addition of an ambulance unit. This amendment does not require the use of additional personnel. - Request for Promotion -Police Department Chief Thomas Fautz, Police Department, stated that Mr. Robert Wise was sworn in at the Regular Meeting on September 14, 2005. Mr. Wise served with the South Bend Police Department previously at the rank of Corporal and is being promoted to that rank from Patrolman. - Monthly Statistics -August 2005 -Police Department Chief Thomas Fautz, Police Department, stated that the monthly statistics for August 2005 are all positive except for murder. - Quarterly Report -April through June 2005 -Police Department ' Chief Thomas Fautz, Police Department, stated that the Police Department is over and above the standard. The Police Department is taking advantage of Federal funding for training. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:16 a.m. BOARD OF PUBLIC SAFETY /\/ -~~ Jesus Rodriguez, President Donald L. Alford, Mem r ' Wesley B. Taylor, Jr., Member uanita Dempsey, Mem er TEST: IC-~ - Angel C. Jacob, Clerk E -~ ~ 1 ~ .~ "'s c,,~~,~~ EXECUTIVE SESSION OCTOBER 5.2005 The Board of Public Safety met in Executive Session on Wednesday, October 5, 2005, at 8:20 a.m. The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South ,Bend, Indiana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A) and adjourned at 8:55 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 c 1--- Je~~ a Rodriguez, resident ~~ ~,• Donald L. Alford, Me er A TEST: ~~ Angela .Jacob, erk REGULAR MEETING Wesley B. Taylor, Jr., Member Juanita Dempsey, Member OCTOBER 5, 2005 The Board of Public Safety met in the regular meeting at 9:00 a.m. on Wednesday, October 5, 2005, with President Jesusa Rodriguez and Board Members Wesley B. Taylor, Juanita Dempsey and Donald Alford 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. 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 September 14, 2005 would be accepted. FIRE DEPARTMENT ACCEPT AND APPROVE RETIREMENT -JESSE BEN NOELL President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and Declaration for Retirement for Captain Jesse Ben Noell effective September 29, 2005. Chief Taylor noted that Captain Noell has served the Department with loyalty and distinction during the last thirty- five (35) years and eleven (11) months. Chief Taylor joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Fire Department and the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Ms. Dempsey seconded by Mr. Alford and carried, the retirement was accepted and approved. 1 1 1 REGULAR MEETING OCTOBER 5, 2005 APPROVE SECOND AMENDED AGREEMENT-2005 EMERGENCY MEDICAL SERVICES - UNIVERSITY OF NOTRE DAME President Rodriguez stated that the Board is in receipt of a Second Amended Agreement between the City of South Bend and Notre Dame, for 2005 Emergency Medical Services for the Notre Dame Football home games. This Amendment includes the addition of one ambulance and does not require additional personnel. Therefore, upon a motion made by Mr. Taylor, seconded by Mr. Alford and carried, the Agreement was approved and executed. POLICE DEPARTMENT ACCEPT AND APPROVE PROMOTION -ROBERT WISE In a letter to the Board, Chief Thomas Fautz requested that Patrolman Robert Wise be promoted from the rank of Corporal to the rank of Lieutenant effective October 5, 2005. He was sworn into the South Bend Police Department on January 4, 1995 and resigned on March 12, 2002 at the rank of Corporal. He is a certified Police Officer in the State of Indiana. The promotion will be probationary for one year from his current date of hire which was September 14, 2005. Upon a motion made by Mr. Alford, seconded by Mr. Taylor and carried, the promotion was accepted and approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -AUGUST 2005 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of August 2005 as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: PARTIOFFENSES ' MURDER RAPE ROBBERY AGGRAVATED ASSLT BURGLARY RES BURGLARY NON RES LARCENY MOTOR VEH THEFT ARSONS GRAND TOTAL YEAR TO DATE 2004 2005 CHANGE ~ ~ CHANGE 1 0 - 1 7 6 - 1 7 10 + 3 46 Sl + 5 31 33 + 2 218 201 - 17 28 35 + 7 233 265 + 32 85 111 + 26 586 675 + 89 56 83 + 27 443 401 - 42 368 495 + 127 2990 2952 - 38 51 57 + 6 356 371 + 15 7 11 + 4 44 59 + 15 634 835 + 201 4923 4981 + 58 ACCEPT AND FILE 2°d QUARTERLY REPORT FOR SPECIALIZED SCHOOL -APRIL THROUGH JUNE 2005 Captain Wanda Shock, Director of Training, South Bend Police Department, submitted the Quarterly Report for Specialized School for April through June 2005. There being no further discussion, the report was accepted and filed. HEARING -CORPORAL RONALD JOHNSON President Rodriguez advised that this was the date set for the Board's Public Hearing concerning the matter against Corporal Ronald Johnson, South Bend Police Department. President Rodriguez acknowledged and introduced Board Members Juanita Dempsey, Wesley Taylor and Reverend Donald Alford. Attorney Joseph Simeri, acting Board of Public Safety Attorney, was present. Attorney Peter Agostino, acting as the attorney for Corporal Johnson, was present. Corporal Johnson was also present. Mr. Thomas Bodnar stated that he and Mr. Agostino stipulated to a dollar amount of $82,625.30 should the Board agree to award back pay, as requested. Mr. Agostino stated that Corporal Johnson is not requesting overtime pay as part of this amount. The back pay listing submitted by Mr. Agostino, as stipulated, was put into evidence as Joint Exhibit 1. Ivir. Agostino stated that the administrative leave of absence was assigned on October 7, 2003 after charges were filed in the St. Joseph County Court. Those charges were dismissed with prej udice on ~; l' ~~•- i ~ ~ REGULAR MEETING OCTOBER 5, 2005 May 25, 2005 by Judge Marnocha. Corporal Johnson has been back on duty with the Police Department as of June 1, 2005. Mr. Agostino referred to I.C. § 36-8-3-4 (a), 36-8-3-4 (b), 36-8-3-4 (c) and 36-8-3-4 (n). Mr. Agostino stated that I.C. § 36-8-3-4 (n) gives the Board of Public Safety discretion to award back pay if the officer's Court charges are dismissed and the officer is exonerated of the criminal matter. Mr. Agostino also reminded the Board that they are bound by the presumption of innocence. In this case, Corporal Johnson was exonerated of the criminal charges. Mr. Agostino stated that Corporal Johnson is asking for the back pay for the period of the administrative leave be reinstated by law. Mr. Bodnar did not agree with Mr. Agostino's presentation of the presumption of innocence, as it is a criminal concept. Mr. Bodnar stated that Corporal Johnson was not exonerated of the charges as all blame of the case was not completely cleared. The case was dismissed due to a technicality. The criminal charges were not exonerated. Mr. Bodnar submitted a copy of the criminal charges against Corporal Johnson into evidence as Exhibit 1. The Board overruled Mr. Agostino's objection to Mr. Bodnar's evidence. Mr. Bodnar proposed to enter the Indiana Department of Revenue Criminal Investigation Case Report as Exhibit 2. The Board sustained the objection of Mr. Agostino and the Case Report was not entered into evidence. The attorneys argued the admissibility of evidence in this matter. The Board adjourned for a recess at 9:25 a.m. and returned at 9:28 a.m. Mr. Simeri informed Mr. Bodnar and Mr. Agostino that the Board would accept any form of evidence that either attorney prepared. Mr. Bodnar and Mr. Agostino argued the admissibility of evidence in regard to the criminal case against Corporal Johnson. The Board adjourned for a recess at 9:47 a.m. and returned at 9:55 a.m. Mr. Simeri informed the attorneys that they would only hear evidence that pertained to the issue of back pay and whether or not the dismissal of case due to an error of the prosecutor is considered exoneration of the charges. Mr. Bodnar offered to continue the hearing until other charges were thoroughly investigated by the Police Department and the issues could be consolidated. Mr. Agostino objected to the continuance with the objection sustained by the Board. Mr. Bodnar stated that Mr. Julius Cheney, Corporal Johnson's business partner, was subpoenaed for the hearing and was present. Mr. Cheney would have testimony that Corporal Johnson had the ability to write checks on the business account, carry cover charges from the front door to the safe, choose vendors and make purchase decisions, sign promissory notes in connection to the business, had an account with the beverage distributors in his name and received checks from the business. Further, Mr. Bodnar stated that Mr. Cheney would have testimony as to Corporal Johnson visiting his home, taking a sealed envelope with an undisclosed amount of money in it, and then leaving. This information was offer of proof, not evidence, as stated by Mr. Simeri. Mr. Bodnar called Corporal Johnson to testify. Mr. Simeri swore in Corporal Johnson. Mr. Bodnar questioned Corporal Johnson as to his earnings while he was on administrative leave. Corporal Johnson admitted to receiving monetary earnings while on administrative leave and agreed to provide the Board with his tax returns during that time. Mr. Simeri informed Mr. Agostino and Mr. Bodnar that they were not prepared to make a decision at this time. An Executive Session was set for October 7, 2005 at 1:30 p.m. with a Regular Meeting at 3:30 p.m. The Clerk was instructed to post the agenda and notify the media and other Persons who have requested notice of the meeting agenda. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 10:10 a.m. BOARD OF PUBLI AFETY ~~ --~ ~~ Jesu odriguez, President Donald L. Alford, Me er 1 1 1 `~ ~ REGULAR MEETING T EST: Angela . Jacob, C erk OCTOBER 5, 2005 Wesley B. Taylor, Jr., Member anita Dempsey, Memb EXECUTIVE SESSION OCTOBER 5, 2005 The Board of Public Safety met in Executive Session on Wednesday, October 5, 2005, at 1:30 p.m. The meeting was held in the Mayor's Conference Room, 14`h 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 5:10 p.m. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. BOARD OF PUBLIC SAFETY 1 r ~ ~ usa Rodri uez Presiden Jes ~~ g , Donald L. Alford, ber Wesley B. Taylor, Jr., Member A ST: i Angela K. acob, Cler 1 anita Dempsey, Member