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Home My WebLink About12/28/05 Board of Public Safety Minutes100 PUBLIC AGENDA SESSION DECEMBER 28, 2005 The Board of Pu'olic Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, December 28, 2005 with President Jesusa Rodrigi:ez and Board Members Juanita Dempsey Donald Alford and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Uniform Division Chief Darrell Boykins, 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. ' Board members discussed the following item(s) from that List. - Quiet Zone Designation Information Mr. Bodnar stated the Quiet Zone Designation is for railroad cars for all roads intersecting with the railroad that runs parallel to Lincoln Way East in South Bend, Indiana. This Designation prevents the trains from blowing whistles within the limits as described. Tl~e Quiet Zone is pre-existing and is accordance with 49 CRF § 222.43 (a)(4). -Resolution 73-2005 -Police Department Chief Fautz stated that the Resolution suspends portions of the South Bend Police Duty Manual in order to facilitate the aggressive review and rewrite of those portions for the CALEA accreditation process. - Resignation -Police Department Chief Boykins stated that Corporal Leroy Burgess is resigning from the Police Department to further his education. Corporal Burgess would also like to keep his police training current, as well. - Monthly Statistical Analysis -Police Department Chief Tom Fautz indicated that there is a rise in crime through November 2005. 1'he statistics for the South Bend Police Department follow in line with other departments across the Midwest. - Request for Promotion -Fire Department Chief Taylor stated the promotions are for two engineers being promoted to captain. - Contracts -Notre Dame Emergency Services, Emergency Services for Special Events and Memorial Hospital Neo-Natal Ambulance Staffing. Mr. Bodnar stated that the above agreements are three-year agreements with provisions made to the City of South Bend in increasing amounts yearly. ADJOURNMENT There being no further business to come before the Board, President Rodrigues declared the meetin~~ adjourned at 8:35 a.m. BOARD OF Jesusa d G, Donald L. Alford, Me er ~/Juanita Dempsey, Mem' er ~ CE~~~~ e Patrick D. Cottrell, Member ~T~EST: lJ ?~, > Angela .Jacob, Cler 101 EXECUTIVE SESSION DECEMBER 28.2005 The Board of Public Safety met in Executive Session on Wednesday, December 28, 2005, at 8:40 a.m. The meeting was held in the Mayor's Conference Room, 14`x' Floor, County Cit}• 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. President Jesusa Rodriguez and Board Members Juanita Dempsey. Donald Alford and Patrick Cottrell were present. Also present were Police Chief Thomas H. Fautz, Uniform Division Chief Darrell Boykins, Fire Chief Luther Taylor and Board Attorne}~ Thomas ' Bodnar. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. BOARD OF PUBLIC SAFETY ~~~ ~~, .._~ Jesus odriguez, Presiders ~~ Donald L. Alford, Mem nita Dempsey, Memb r Patrick D. Cottrell, ember A TEST• ~~ ~>~ Angel . Jacob, C erk REGULAR MEETING DECEMBER 28, 2005 The Board of Public Safety met in the regular meeting at 9:07 a.m. on Wednesday, December 28. 2005, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald f\li'ord and Patrick D. Cottrell were present. Also present were Police Chief Thomas H. Fautz, Uniform Division Chief Darrell Boykins, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`x' 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, Regular and Special meetings of the Board held on December 8 and 21, 2005 would be accepted. ACCEPT AND FILE OUIET ZONE DESIGNATION INFORMATION ' President Rodriguez advised that the Board is in receipt of a request for filing of a Notice of Quiet Zone Establishment for the Pre-Existing Quiet Zone in the City of South Bend, Indiana Crum Attorney Jeffrey M. Jankowski, Legal Department. Upon a motion by Ms. Dempsey, seconded by Mr. Alford, the Quiet.Zone Designation Information was accepted and filed. 102 REGULAR MEETING FIRE DEPARTMENT DECEMBER 28, 2005 ACCEPT AND APPROVE PROMOTIONS TO THE RANK OFCAPTAIN -TOM MILLER AN D KEN MARKS In a letter to the Board, Fire Chief Luther Taylor stated that the South Bend Fire Department has two vacancies for Captain in the Fire Suppression Division. To fill these positions, Chief Taylor recommended that Engineer Tom Miller and Engineer Ken Marks be promoted to the rank of Captain. Chief Taylor stated that Mr. Ken Marks was appointed to the South Bend Fire Department on ,iuly 17, 1991 and was promoted to Engineer on July 17, 1994. He is an Emergency Medical Technician (EMT) and a member of the Tactical Rescue Team. Engineer Marks has proven his leadership shills and ability in fire suppression and EMS. He has served in the position of acting Captain further demonstrating his ability to serve in the capacity of a Captain. Mr. Miller is further recommended by his Battalion Chief. Chief Taylor stated that Mr. Miller was appointed to the South Bend Fire Department on February 20, 1991. He was promoted to Engineer on February 20, 1994. He is an Emergency Medical Technician (EMT), a member of the Tactical Rescue Team and a Certified Peer Fitness Trainer for his shift. Engineer Miller has proven his leadership skills and ability in fire suppression and EMS. Engineer Miller is further recommended by his Battalion Chief. Chief Taylor recommended that Engineers Marks and Miller be promoted to the rank of Captain and that it should be effective December 28, 2005. Therefore, upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried the promotions were accepted and approved. DECISION -CHARGE OS-03 -JEREMY DOWNS President Rodriguez stated that the Board has made a decision in the above stated matter. "[ he Board determined that Engineer Downs should be suspended for a period of thirty (30) consecutive eight (8) hour calendar days with such suspension beginning December 28, 2005. Therefore, upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried the Decision for Charge OS-03 was accepted and approved. APPROVAL OF CONTRACT-EMERGENCY MEDICAL SERVICES FOR SPECIAL EVF,N`I'S - 2006, 2007 & 2008 -UNIVERSITY OF NOTRE DAME President Rodriguez stated that the Board is in receipt of a Contract between the City of South Bend and the University of Notre Dame, for Emergency Medical Services for special events at Notre Dame for the years 2006, 2007 and 2008. Therefore, upon a motion made by Ms. Dempsey, seconded b}~ Mr. Alford and carried, the Contract was approved and executed. Mr. Cottrell abstained from voting. APPROVAL OF AGREEMENT -EMERGENCY MEDICAL SERVICES - tJN[VERS["fY OI_' NOTRE DAME President Rodriguez stated that the Board is in receipt of an Agreement between the City of South Bend and the University of Notre Dame, for Emergency Medical Services for the years 2006, 2007 and 200$. Therefore, upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Agreement was approved and executed. Mr. Cottrell abstained from voting. ' APPROVAL OF CONTRACT -NEONATAL AMBULANCE STAFFING AGRII;MEN"I - MEMORIAL HOSPITAL President Rodriguez stated that the Board is in receipt of a Contract between the City of South Bend and Memorial Hospital, for neonatal ambulance staffing for the years 2006, 2007 and 2008. Therefore, upon a motion made by Ms. Dempsey, seconded by Mr. Alford and carried, the Contract was approved and executed. FILING OF MONTHLY STATISTICAL REPORT -NOVEMBER 2005 Chief Luther Taylor submitted to the Board the monthly report for the month of November 200.5 complied by the PreventionlInspection Bureau of the Fire Department. 103 REGULAR MEETING A summary is as follows: DECEMBER 28, 200> NOVEMBER NOVEMBER 2005 2004 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $388,250.00 $134,971.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 349 Inspections 260 Inspections 100 Re-Ins ections 66 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) 21 101 Investi ations Investi ations 3 4 Arson Arson POLICE DEPARTMENT ADOPT RESOLUTION NO, 73-2005 -SUSPENDING PORTIONS OF THF, SOUTI I BEN[) POLICE DUTY MANUAL Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 73-2005 1 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OP TI lE CITY OF SOUTH BEND, INDIANA, SUSPENDING PORTIONS OF THE SOUTH BEND POLICE DUTY MANUAL WHEREAS, the Board of Public Safety of the City of South Bend is authorized, pursuant to IC 36-8-3-2(d) to adopt rules for the South Bend Police Department; and WHEREAS, the policy of the Board of Public Safety has been adoption of the Duty Manual for the South Bend Police Department which is amended from time to time by motion of this Board and supplemented by general orders issued by the Chief of Police; and WHEREAS, the South Bend Police Department, with the knowledge and approval of the Board of Public Safety has been pursuing certification according to the standards for la~~ enforcement agencies set by the Commission for Accreditation for Law Enforcement Agencies. Inc. (CAECA); and WHEREAS, as part of complying with these standards, substantial changes in the South Bend Police Department Duty Manual will need to be made; and WHEREAS, the Board of Public Safety and the Police Chief of the City of South Bend concur that the smoothest way to make the transition to the desired standards would be to give the Police Chief the power to promulgate rules which would supersede applicable portions of the Duty Manual and take effect immediately, provided that notice is given to the Board by and the Boarci , ratifies the orders at its next regularly scheduled meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF' THE CITY OF SOUTH BEND, that the Chief of Police shall have the authority to suspend such portions of the South Bend Police Duty Manual as he feels necessary as part of the CAECA certification program, subject to the following provisions: 1. Each change shall be issued to all members of the South Bend Police Department using normal means of communication at least 24 hours before the change is to take effect:. 104 REGULAR MEETING DECEMBER 28, 2005 2. The Chief shall notify the Board of Public Safety of all suspensions and changes at least 48 hours in advance of the next regularly scheduled meeting of the Board of Public Safety; and 3. The Board of Public Safety retains its right at all times to reject the general orders and to reinstate the pertinent portions of the Duty Manual. 4. General and special orders which do not require the suspension of any portion of the Doty Manual may be promulgated by the Chief of Police without prior notice to the Board and take effect immediately. _ .~ ADOPTED this 28`" day of December 2005. BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez, President s/Donald Alford, Member s/Juanita Dempsey, Member s/Patrick Cottrell, Member ATTEST: s/Angela K. Jacob, Clerk DECISION -DISCIPLINARY ACTION -SERGEANT NATHON CANNON President Rodriguez stated that the Board has made a decision in the above stated matter. The Board determined that Chief Fautz' recommendation be denied and recommended Sergeant Cannon complete an Anger Management Program. Therefore, upon a motion made by Mr. Alford. seconded by Ms. Dempsey and carried the Decision for Sergeant Cannon's disciplinary action was accepted and approved. ' ACCEPT AND APPROVE RESIGNATION - CORPORAL LEROY BURGESS President Rodriguez advised that the Board is in receipt of a letter of resignation from Corporal Leroy Burgess, in which he tenders his resignation from the South Bend Police Department. eftective January 5, 2006. Chief Fautz stated that Corporal Burgess was appointed to the South Bend Police Department on December 19, 2001. The Board wished him much success in his future endeavors. Upon a motion made by Mr. Alford, seconded by Ms Dempsey and carried, the resignation was accepted and approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -NOVEMBER 2005 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month ofNovember 2005 as submitted by the Police Department. would be accepted for filing. There being no objections, the following report was accepted fur filing: YEAR TO DATE PART I OFFENSES 2004 2005 CHANGE ~ ~ CHANGE MURDER 1 0 - 1 9 i t + RAPE 6 0 - 6 67 59 1 8 ROBBERY 37 30 - 7 314 297 1 17 AGGRAVATED ASSLT 23 28 + 5 312 334 + 2? BURGLARY RES BURGLARY NON RES 96 42 123 59 + + 27 17 843 574 977 558 + _ 134 16 LARCENY 400 345 55 4095 4057 38 MOTOR VEH THEFT 42 53 + 11 499 518 + 19 ARSONS 4 3 - 1 60 85 + 25 GRAND TOTAL 651 641 - 10 6773 6896 + 123 105 REGULAR MEETING DECEMBER 28, 2005 ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:15 a.m. BOARD OF President ATTEST: Angela . Jacob, C erk ~~~~~' Donald L. Alford, Mem r vita Dempsey, Memb ~~~ Patrick D. Cottrell, Member 1 1 1