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HomeMy WebLinkAbout10/03/07 Health and Public Safety Committee MeetingHealth and Publ~~ Safety Committee ~a~7 so~t~ ~e~d a~n~n~n ~o~nc~l _- The October , ~Ol~~ meeting of the Health and Public safety Car~nittee of the South Bend Common Council was called to order by its hairpersan, Council Member l~aren L.11Vhite at 3:03 p,rn, in the auncil Chambers, Persons in attendance included Council Members Dieter, Pfeifer, Puz~ella, Varner, Rouse, and 'Ullhite; iti~en Member Parela Brunette, Citizen Member Deborah Fleming, Mayor Stephen~J. Lueke, Police Chief Thaas Fautz, Assistant City Attorney Thomas Bodnar, Board of Public Safety Member Juanita Den~~sey, Detective Sgt. Eugene Eyster, Sgt Jinn ~Ilalsh, NAACP President Trina Robinson, Janes Evans, Mrs, Rita ~apala, Jamie Loa of the au~#~ e~rd Tribe and l~athleen Cekanski-Farrand, Council Attorney. Council Member 11Uhite Hated that the Committee Members include Council Members Pu~zello, ~Celly, Dieter and herself; and that Pamela Brunette and Deborah Fleming serve a Citizen l~llen~bers, B~~I IVv~ ~-~l Pry aced rea~ion ~f a Police ~ramot~or~ Pagel; Council Member IlUhite noted that the purpose of today's Health and Public Safety Committee ups to begin discussion of Biil No~ ~~-07. She Hated that this meeting eras called on a Ulledneday to allavtir ample opportunity for reviev~r and discussion, Council Member ~1lhite stated that the ground rules governing today's meeting uvould be as folla~rs; • Presenters of Bill Ne, ~~-07 could give background information and ~valk thru the proposed ordinance • Public con~r~nts to the presentation and the bill • Council Members mould have the oppartunityfor camnent and question Setting of another Committee meeting Council Men~berV~hite then asked for a formal presentation on Bill No, 47~0~. Assistant City Attorney Thomas Bodnar Hating that he has been advising the police and fire departments for several years, H stated that in the ~ g~Of the city tried to implement a police promotion system. It utiras later found unconstitutional based on IC 3fi-~~,~ Since that decision eras handed dav~n police pran~otian have been handed on a ~#state of nature" basis Mr. Bodnar stated that aver the past 5 years or more during labor-management meetings andlar during police negotiations, one of the constant undertones has been ~lh and Pub~~c safety ~on~i~t~e ~ct~b~r 3, 207 fag ~ cencern of the `~gaod ale boy' system". The gaals and ab~ectives of the proposed ardinance are: To be objective and therefore "get rid of the perceptian of favoritisr~ end pramotion" To keep changes in the current system to a minimum thereby addressing a prarr~oticn system only uvith discipline remaining with the Board of Public Safety To fol~vw the state statute regarding the campasitian of the police pramatian pane! by having 11~ of its members being selected by the swam members of the police department; and that ~I of the members would be appointed by the Mayor and would cone from the Board of Public Safety ~ That the person selected by the police officers weuid be limited to a four ~4} year term • That the Police Pramation Pane! would establish standards which would be aimed at eliminating the perception of favaritisn~ Police Chief Thomas Kautz then presented twa ~~} multi-page handouts to the Committee, na~rely one entitled "Inter office demo "dated "al~gla~ and the ather entitled "South Bend dire Department Prornation Process - ~aa~~aa73' ~capies attached} thief ~aut~ stated that since he became thief he want to address three ~~} primary areas, namely: "aod o!e bay system„ ~ Perfarmance evaluation system • Updating the Duty l~llanual He stated that a pran~otion system was a "rr~andatory requirement of ~1L"t and that they have operated under "state of nature" far the past twenty {fig} years. In light of the potential for an adverse impact on minorities fror~ a written examination, he has suggested that such exam gaunt for ~ ~~1~ instead of ~D°l~= He then highlighted porkions of the handouts and requested that the ~auncil give the proposed ordinance consideration= Chief Fautz stated that the promotion panel would only be used far promotions to the ranks of Sergeant and Lieutenant, with the tap three ~~ rams remaining the exclusive domain of the lvlayor. Council l~len~ber White Hated that she would be modifying the procedures in light of llliayar Luekce and council Member Rouse and Puello having to leave todyrs committee meeting early. e~lth and Pubic Safety ornmittee ~~c~er 3, ~~47 ~'~ge 3 Mayor Luecke commended Chief Fautz in his pursuit of further professionali~ing the police department. He believes that the CALEA certification which has been underway for the past two ~}years is also a step in the right direction. He looks forward to having more dialogue with the Council. Council President Rouse noted that he will be able to attend other hearings and gill have questions at that time. Council Member Pu~~ello voiced concern about whether the police officers would have the opportunity to know exactly what the promotion criteria were so that they could understand the criteria. She noted that this was one of her main concerns Chief Faut~ stated that IP,P, lnc. was a reputable company. Mayor Luecke stated that the officers would know going into the promotional process the standards that would be in place. Council Member Pu~zello asked if the Council would have the ultirr~ate responsibility in establishing the overall criteria, and if not what would be the process, Mayor Luecke stated the prorr~otion panel would establish the criteria The Council Attorney noted that the city should be aware of past attempts to implement a police promotion system, She stated that the Indiana Supreme Court case which Nlr. Bodnar mentioned did not nullify the Council's police promotion ordinance, but rather the system which was in~plen~ented separately by the Board of Public Safety. She noted that the Council passed an ordinance in ~ 9~, which was later amended in 1 ~~. However in late 1918 and again in 9~9 the Council defeated two ~} ordinances which would have amended the police promotion ordinance. The Board of Public Safety then decided to implement their own system which conflicted with the city ordinance, In 988 the Beard of Public Safety suspended use of the palice promotion system in light of it being found unconstitutional by the Indiana Supreme Court. She noted that both Evansville and l=ort vl~ayne are C~1LEA certified and have very detailed ordinance which address criteria and other promotion parar~eters. Council President Rouse stated that it appears that the Council is being asked "to sign here and close your eyes". H.e stated that he does not feel comfortable taking action on the proposed ordinance, and that the entire process including the city's past attempts t promotion systems needs to be carefully studied and discussed. He noted that if the process is not handled correctly that morale gill be negatively impacted. Council Member 111lhite then opened the flpor to cor~ments from the public in favor of the proposed ordinance. There were none, Health and ~u~l~c Safety ~or~n~~tt~~ ~ctobar ~, Q~7 Pala 4 Cauncil Member White then asl~ed far any camments in apparition to the proposed ardinance, Eugene Byster of FOP Ladge Nan ~ then read a statement in opposition on behalf of the Ladge's Executive Baard and the Lazar Management Ca~mittee, Hating that the Lodge aauld Hat endarse the prapoal at this time ~apY attached} Janes Evans of ~ Eastrnont Drive questianed vuhat the urgency was to pass such an ardinance, He stated that he understands that the Chief is leering and daes not believe the city should be in such a hurry. ~'rina Rabinson, NrCP President ,asked "VUhy nor'?" She stated that "the playing field has never been level", She questianed the pracess from Carporal to Captain, Hating that the system eras "ideal far v~rhite candidates vuha are at certain levels of their careers but for the restthere vas na opportunity far advancement", She asked: e Iho ~rould be the testers? ~ 'Ullho ~rould be on the can~mittee~ • shy are only Lieutenants and sergeants being addressed? She Hated that the prapased system ~rauld be under the jurisdiction of a near Police Chief, vuha wauid Hat have input into the system, She stated that it eras her understanding that pran~otions ~rre being made fvr positions v~rhioh were not yet vacant. She suggested that the process must b representative of the community, Chief I~aut~ stated that he sent n email on g~-~~ ~~~ to ffiaer Ru~kav~ski and Dieter advising them of the forrxration for discussions that an a~14-a~ an email vuent out informing officers Rus~kov~ski and Dieter of meeting scheduled far g-g6-07 for the development of a pramotian system; that on a~~ ~-a~ Captain 111landa Shock sent an email; and that he met Frith Council Member U1~hite and Council President ~~t~and ave then an avervieuu earlier this year. f '~~~.~~~rf~~, g ~.. 4 ~' ~, V "Y.. i~.. ti.. Council Member Il~hite stated that she std the overvievu u~rhich the Chief gave vuas over lunch and that she specifically stated that she had concerns about the prapasal and asked that the Chief get back to them before filing a proposed Bill addressing pramations, Mr. Bodnar stated that the Board of Public Safety has been noting upon requested tendered by the Chief. He stated that the City Administration had hailed that the paliae promotion process b in plane by September, in light of the "flaad of retirements" carving up. health and Pub~i~ safety ar~r~jttee ~ctobe~ 3, ~0~~ Page Dr. Varner stated that he believes that the proposal has been introduced with the "best of intentions". He inquired about the number of pror~otions the proposed system would address and was advised that it would be seven ~~}, Dr. darner stated that "openness and fairness" must be benchmarks of a systr~ far it to work. He questioned why only one ~~} n~en~ber of the police department would sit on the baard and why that position was the only one suggested to have term limits. Ho noted that the City Administration cores to the Council to establish a system and the "takes the Corn~on Council out of the equation"~ He stressed the need far equity and seeking the rnast qualified applicants. He further noted that Pat Bauer should change the state law to the tap two ~} tiers of the police administration instead of the tap three ~} being within the Mayor's domain, He Hated that these are his preliminary observations and that he does not see any reason to "act on this real soon'. Citizen Member Pamela Brunette voiced concerns about testing; inquired have other Indiana police departments were addressing thin and have the officers were feeling about the proposal, Chief Kautz stated that IPSP, Inc provides serrrices far Evansville and 1P. He stated that it depends on how long an officer has been on the department with the younger officers appearing to be mare receptive. Council Member Iluhite suggested that all questions which are not addressed today should be sent to the Council Attorney o that they can be then all sent to Chief l='autz for comment. Council Member Pfeifer stated that she agrees that their needs to be a fair process, She voiced concern over lotting a person on the police department with same thing in his~her background, and then when it is time for promotion that that item in higher background is used against the officer. Council Member Pfeifer also Hated concern aver written testing since many tests are set up far a person to fail; and that all types of persons who have many different strengths should be selected. She stated that there should be no bias at all in the testing and the`people siCill" should be a key and equal component, slang with being able to communicate, Council Member Dieter stated that in the draft proposal he believes the 15°l~ far the written examination to be "way too lows', although he understands the concerns raised by Council Mer~ber Pfeifer. He Hated that a person can have good "street sense" skills, and would agree with her an that concept. Council Member Dieter questioned why a process of discussion with the union like that which tank place with the dire Administration and the fire union over several months did Hat take place with the police ~ea~th and P~b~ic a~~ty Cor~r~itt~~ Octnb~r 3, 2DD? ~~e Mr~ Bodnar stated that the process utilised by the fire department eras related to labor negotiatians and their labor~n~anagement tearr~. He stated that he believes that "it is unprecedented and open to legal attack". The ordinance route on promotions i a much better vuay to rove for~rard and "is much safer". Council Member Pfeifer stated that she vuas Hat talking about "street sense"a but u~as talking about "people skills' and officers v~ho have them and hair valuable they are. Council Member I~Uhite stated that many goad questions have been raised today and mucf~ more information i needed by the Committee noting that many people have questions about the proposed testing and v~ho ~vould be the raters, etc, Citizen Mer~ber Deborah Fleming requested copies of South Bend's police promotion ordinance vuhich it had in effect in the late ~ h`a's, as yell as copies of the Evansville and Fort Layne police promotion ordinances, Council Member Uvhite noted that she has repeatedly asked about recruitment efforts during annual budget hearings. She noted concern that because the rninarity population is so sr~all to begin pith there nay be an "adverse impact". She stressed the need far "ail officers at all levels to have the opportunity for advancement", She stated that there needs to be more time to lank at the Adr~inistration' proposal. In response to a question from the Council Attorney, Chief Fautz stated that he does not intend to hire a Merit Board Coordinator like the city had in the past and that IPSP, Inc vuauld handle such duties. Council Member III#hite stated that building relationships is critical, along Frith having relevant information. She Hated that similar issues are present at the upper-level ranks, Chief Fautz Hated thatthere are fourteen ~4~ people in the upper~level ranks. Juanita Dempsey, a member of the Board of Public Safety stated that she believes that individual officers "need to step up to the plate and meet the testing and training requirer~ents. Council Member vvhite thanked everyone far their input, She then stated that the next meeting on Bill lVo. 47-U~ v~ill be vvedneday, October 4, X007 at p,n~. Council Member 1lvhite also announced that the Youth Council gill be meeting t ~ pm an October ~ ~, ~Dg~ in the Council's lnforral Meeting Paam. Huth end ~bl~c af~ty C~mm~t~ October ~, ~~~7 ~'ege ~ There bung na further business to cone before the Cor~ittee, Council Member Ul~hi~e adjourned the Committee rr~eting at 4: ~,m. Repectfull~r,~u muted, .w` rr ~ ~ .. ~~:' ~' Council Member Karen ~.. ~hitea Chairperson Health and Public safety Committee attachments