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Home My WebLink About09/19/07 Board of Public Safety Minutes07~ PUBLIC AGENDA SESSION SEPTEMBER 19, 2007 The Board of Public Safety met in the Public Agenda Session at 7:50 a.m. on Wednesday, September 19, 2007 with President Jesusa Rodriguez. Board Members Juanita Dempsey, Patrick D. Cottrell and Bruce J. BonDurant were present. Board Member Donald Alford was absent. Also present were Board Attorney Joseph Simeri, Attorney Thomas Bodnar, Police Chief Thomas Fautz, and Fire Chief Howard Buchanon. The meeting was held in the Common Council Chambers, 4th Floor County City Building, South Bend, Indiana. Board members discussed the following items from that list: - Agenda Item Removed -Fire Department Mr. Bodnar stated he was removing the Rieth-Riley Agreement from the agenda because he had not received the agreement back from their attorney yet. - Agenda Item Added -Fire Department Mr. Bodnar noted the addition to the Agenda of Filing of Charges 07-04 against Engineer Shane Richazds, Fire Department. - Swearing in of Officers -Police Department Chief Fautz stated there were five Police officers being sworn in at today's meeting. - Hearing -Charge 07-01 Mr. Bodnaz advised the Board he had received a letter of Continuation from Mr. Macik's attorney, Mr. Andrew Duncan. Mr. Duncan wishes to continue the Hearing until the Pension Board can render an opinion. Mr. Simeri advised the Board of Safety to postpone the Hearing for sixty (60) days to allow time for the Pension Board to get an expert opinion from their doctor. - Trick or Treat Hours -Police Department Chief Fautz stated the set hours coincide .with the trick or treat hours for St. Joseph County and the City of Mishawaka. ADJOURNMENT There being no further business to come before the Boazd, President Rodriguez declared the ' meeting adjourned at 8:02 a.m. BOARD OF PUBLIC SAFETY ATTEST: Jesusa Rodriguez, President Donald L. Alford, Member Juanita Dempsey, Member Patrick D. Cottrell, Member Bruce J. BonDurant, Member Linda M. Martin, Clerk EXECUTIVE SESSION SEPTEMBER 19, 2007 The Board of Public Safety met in Executive Session on Wednesday, Se~tember 19, 2007, at 8:06 a.m. The meeting was held in the Mayor's Conference Room, 14t 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, Bruce J. BonDurant and Patrick Cottrell were present. Board Member Donald Alford was absent. Also present were Boazd Attorney Joseph Simeri, Attorney Thomas Bodnar, Police Chief Thomas Fautz, and Fire Chief Howazd Buchanon. Board members did not discuss any subject matter other than the a , EXECUTIVE SESSION SEPTEMBER 19.2007 subject matter as specified in the Public Notice. The meeting adjourned at 8:45 a.m. BOARD OF PUBLIC SAFETY Jesusa Ro~drpiguezp, President Donald L. Alford, D ember (1 _ ~/J J~anita Dempsey, Memberv O Patrick D. Cottrell, ember -~. Bruce J. BonDurant, Member ATTEST: I ~ ~ ~~'~~~-- ~~ inda M. Martin, Clerk REGULAR MEETING SEPTEMBER 19.2007 The Board of Public Safety met in the regular meeting at 8:50 a.m. on Wednesday, September 19, 2007, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Bruce J. BonDurant and Patrick D. Cottrell present. Board Member Donald Alford was absent. Also ' present were Police Chief Thomas Fautz, Fire Chief Howazd Buchanon, Board Attorney Joseph Simeri, and Attorney Thomas Bodnar. The meeting was held in the Common Council Chambers, 4`h Floor, County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS President Rodriguez stated if there were no objections, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on August 29, 2007 as submitted, would be accepted. POLICE DEPARTMENT SWEARING IN OF POLICE OFFICERS - Shannon Gregory Barnhart - Kyle Michael Dombrowski - Christopher Kenneth Fey - Brian Leath Meador - Matthew John Mason Chief Fautz, Police Department, noted that all of the officers being sworn in have met the requirements of the application process of the South Bend Police Department. They all have been conditionally accepted to attend the Indiana Law Enforcement Academy in Plainfield, Indiana, from October 8, 2007 to January 25, 2008. Upon a motion by Mr. Cottrell, seconded by Ms. Dempsey and carried, the swearing in of the officers was approved. Mr. John Voorde, City Clerk, was present and administered the Oath of Office to these gentlemen. The Board wished them well in their endeavors. CONTINUE HEARING -CHARGE 07-01 -TONY MACIK Upon a motion by Mr. Cottrell, seconded by Ms. Dempsey and carried, the Hearing of Charges 07-01 against Tony Macik were postponed for sixty (60) days, and Mr. Macik was placed on Administrative Leave, without pay, as of today, September 19, 2007. f REGULAR MEETING t u SEPTEMBER 19.2007 APPROVAL OF LETTER OF UNDERSTANDING Mr. Bodnar presented a Letter of Understanding for the Board's approval, between the City of South Bend and the Fraternal Order of Police Lodge Number 36, clarifying an ambiguity in Article 20 of the Working Agreement concerning insurance. The Letter of Understanding states the City will pay to each Employee who elects not to participate in South Bend's Health insurance program, the amount of the Family Plan B contribution or most utilized family plan, per month, effective the last payroll during the month of June, 2007. Upon a motion by Mr. Cottrell, seconded by Ms. Dempsey and carried, the Letter of Understanding was approved. APPROVAL OF TRICK OR TREAT HOURS Police Chief Thomas Fautz recommended that Halloween Trick or Treat hours be held on Wednesday, October 31, 2007, from 5:00 p.m. to 7:00 p.m. This date will coincide with the date and hours for St. Joseph County and Mishawaka. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey and carried, the recommendation was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -AUGUST 2007 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of August 2007 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 ASSAULT BURGLARY RESIDENT BURGLARY NON RESIDENT LARCENY MOTOR VEHICLE THEFT ARSONS GRAND TOTAL FIRE DEPARTMENT Au ust Aueust YEAR TO DATE 2006 2007 CHANGE ~ ~ CHANGE 1 0 - 1 8 4 - 4 7 8 + 1 53 48 - 5 42 51 + 9 263 259 - 4 32 32 0 190 197 + 7 106 137 + 31 946 188 - 158 68 55 - 13 414 375 - 39 420 409 - 11 3203 2830 - 373 45 41 - 4 389 339 - 50 13 11 - 2 b0 77 + 17 734 744 + 10 5526 4917 - 609 FILING OF CHARGES - 07-04 -ENGINEER SHANE RICHARDS President Rodriguez indicated that unless there were questions or objections by members of the Board, Charge 07-04 as submitted by the Fire Department would be accepted for filing. The following Charge was accepted for filing and the Clerk was instructed to send a letter to notify Engineer Richards of the Charge: FACTUAL ALLEGATIONS On Thursday, September 13, 2007, an Order was personally delivered by Assistant Fire Chief James Lopez to Engineer Shane Richards, at his home at 5270 South Main Street, South Bend, Indiana, 46614.. The Order directed Engineer Richards to report to work at the Central Fire Station the next morning, September 14, 2007. Engineer Richards did not show up for work as ordered on September 14th, nor did he notify the Department that he would not. CHARGE The conduct of Shane Richards, specifically not reporting for work on September 14, 2007, constitutes absence without leave and disobedience of a direct order and is a violation of Rules 300.00(11)(E) and 300.00(12), and is a violation of I.C.36-8-3- 4(b)(2)(B)(C) and (E). In a Memo to the Board, Chief Buchanon stated Engineer Richards has used up his entire sick bank and has not earned a full check in more than two months. Because of this long horrible attendance record and since he hasn't shown that he will be more reliable in the future, it is the recommendation of Chief Buchanon that Engineer Richards be terminated from his job. The 1 1 1 REGULAR MEETING 1 1 ATTEST: i tda M. Martin, Clerk SEPTEMBER 19.2007 ~ Y°, ~~ Board agreed to meet on Thursday, September 27, 2007, at 8:00 a.m. to rule on Charges 07-04. FILING OF MONTHLY STATISTICAL REPORT -AUGUST 2007 Fire Chief Howard Buchanon submitted to the Board the monthly statistical report for the month of August 2007 compiled by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: AUGUST 2006 AUGUST 2007 STRUCTURE FIRES -Property Damage--Buildings & Contents Estimates $99,510.00 $222,500.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 465 Inspections 46 Re-Ins ections 335 Inspections 86 Re-Ins ections INVESTIGATIONS - Police/Fire Arson Bureau 25 Investi ations 25 Investi ations 13 Arson 13 Arson There being no further discussion, the Monthly Statistical Analysis was accepted and filed. HEARING -CHARGE 07-03 -CHARGES AGAINST JAMES GADACZ A Stipulation of Record in the matter of Charges against James Gadacz was presented to the Board, signed by Attorney Thomas Lewis and Thomas Bodnar. The Hearing was recorded by a court reporter from Midwest Reporting. meeting adjourned at 9:00 a.m. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the BOARD OF PUBLIC SAFETY Jesusa Rodriguez, President Donald L. Alford, Mem`1-er anita Dempsey, Member /~~~~~ Patrick D. Cottrell, (ember ~----~ J. Bruce J. BonDurant, Member