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Home My WebLink About08/29/07 Board of Public Safety Minutes~, a PUBLIC AGENDA SESSION AUGUST 29, 2007 The Board of Public Safety met in the Public Agenda Session at 8:03 a.m. on Wednesday, August 29, 2007 with President Jesusa Rodriguez. Board Members Juanita Dempsey, Donald Alford, Patrick D. Cottrell and Bruce J. BonDurant were present. Also present were Police Chief Thomas Fautz, Fire Chief Howard Buchanon 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: - Monthly Statistical Analysis -Police Chief Fautz stated the corrected statistics were due to incorrect classifying of crimes. Fire investigations that had been classified as arson in the past should have been classified as miscellaneous investigations, and aggravated assault numbers were up due to abuse of the category. The Police Department is attempting to educate their officers on what category crimes should be placed in to get a more accurate reading. - Charges 07-02 -Gadacz Mr. Bodnar advised the Board he has not received an Appearance from Mr. Lewis, attorney for Captain Gadacz. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 8:22 a.m. BOARD OF )iYJBI;Br SAFETY Jes Rodriguez, President Donald L. Alford, Me ber Dempsey, Patrick D. Cottrell, Member ~ ~-.-- J Bruce J. BonDurant, Member TEST: ~e~.~ . nda M. Martin, Cl •k EXECUTIVE SESSION AUGUST 29.2007 The Board of Public Safety met in Executive Session on Wednesday, Aughust 29, 2007, at 8:30 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). President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick Cottrell were present. Also present were Police Chief Thomas Fautz, 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 9:24 a.m. 1 1 1 BOARD OF PUBLIC SAFETY ~!w EXECUTIVE SESSION L. Alford, 1 ATT ST: i da M. Martin, Clerk J'fianita Dempsey, Merfiber Patrick D. Cottrell, Member ~ s ~--~~-----~- Bruce J. BonDurant, Member REGULAR MEETING AUGUST 29, 2007 The Board of Public Safety met in the regular meeting at 9:28 a.m. on Wednesday, August 29, 2007, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick D. Cottrell present. Also present were Police Chief Thomas Fautz, Fire Chief Howard Buchanon 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 made a motion that the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on August 16, 2007 be accepted as is, if there were no objections by members of the Board. POLICE DEPARTMENT ACCEPT AND APPROVE PROMOTION - DOMINIC HALL In a letter to the Board, Chief Thomas Fautz requested that Patrolman Dominic Hall be promoted from the rank of Patrolman to the rank of Corporal, effective September 1, 2007. He has successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the promotion was accepted and approved. ACCEPT AND APPROVE PROMOTION -JOSEPH STITSWORTH In a letter to the Board, Chief Thomas Fautz requested that Patrolman Joseph Stitsworth be promoted from the rank of Patrolman to the rank of Corporal, effective September 1, 2007. He has successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the promotion was accepted and approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -JULY 2007 President Rodriguez indicated that unless there were questions or objections by members of the Board, the corrected statistical report for the month of July 2007, as submitted by the Police Department would be accepted for filing. There being no objections, the following report was accepted for filing: Qi REGULAR MEETING AUGUST 29.2007 Jul J~ YEAR TO DATE PART I OFFENSES 2006 2007 CHANGE 06 07 CHANGE MURDER 2 0 - 2 7 4 - 3 RAPE 5 9 + 4 46 40 - 6 ROBBERY 43 22 - 21 221 208 - 13 AGGRAVATED ASSLT 34 25 - 9 158 165 + 7 BURGLARY RES 122 100 - 22 840 651 - 189 BURGLARY NON RES 55 56 + 1 346 320 - 26, LARCENY 440 362 - 78 2783 2421 - 362 MOTOR VEH THEFT 52 31 - 21 344 298 - 46 ARSONS 9 7 - 2 47 66 + 19 GRAND TOTAL 762 612 - 150 4792 4173 - 619 FIRE DEPARTMENT DISMISSAL OF CHARGES 07-02 -GADACZ Mr. Bodnar advised the Board that Charges 07-02 had an error in the wording in the next to the last line of the factual allegations. The Charges state "Class D Felony", when it should state "crime". Captain James Gadacz was charged with and pled guilty to a Class D Felony, but the Judge elected to treat the matter as a misdemeanor at the time of sentencing. Therefore, upon a motion by Mr. Cottrell, seconded by Mr. BonDurant and carried, the Board withdrew, without prejudice, Charges 07-02. FILING OF CHARGES - 07-03 -CAPTAIN JAMES GADACZ President Rodriguez indicated that unless there were questions or objections by members of the Board, Charge 07-03 as submitted by the Fire Department would be accepted for filing. Upon a motion by Mr. Cottrell, seconded by Mr. BonDurant and carried, the following Charges were accepted for filing; FACTUAL ALLEGATIONS On March 2, 2007, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department, while off-duty, drove his private vehicle while traveling north in the 1100 block of Niles Avenue in the City of South Bend while intoxicated. He had previously been convicted of operating a motor vehicle while intoxicated. As a result of his actions, Captain Gadacz was charged with, pled guilty to and was found guilty of operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a crime, in Cause No. 71D02-0703-FD-00224 in the St. Joseph Superior Court on August 8, 2007. COUNTI The conduct of Captain James Gadacz violates IC 36-8-3-4 (b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and violates Rule 300.00(1) and 300.00(11)(A) of the South Bend Fire Deparment Duty Manual. COUNT II The conviction of Captain James Gadacz in Cause No. 71D02-0703-FD-0024 in St. Joseph Superior Court on August 8, 2007, is a violation of IC 36-8-3-4 (b)(1). It is the recommendation of Chief Buchanon that (1) Captain Gadacz be suspended from duty without pay for (365) calendar days, and (2) Captain Gadacz be demoted in rank from Captain to Engineer effective immediately. The Board instructed the Clerk to send Captain Gadacz a letter of Charges 07-03 and notification of a Hearing scheduled for September 19, 2007. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:34 a.m. BOARD OF PUBLIC SAFETY Q?3 i 1 1 REGULAR MEETING ATTEST: ~:~ ~-- ' da M. Martin, Jerk AUGUST 29, 2007 ~~~~~ Donald L. Alford, anita Dempsey, Member ~~~~~~- Patrick D. Cottrell Member ~-~. J, Bruce J. BonDurant, Member