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Home My WebLink About07/14/10 Board of Pubilc Safety MinutesPUBLIC AGENDA. SESSION JULY 14,2010 57 The Board of Public Safety met in the Public Agenda Session at 8:13 a.m. on Wednesday, July 1, 2010 with Board Members Patrick D. Cottrell, Bruce BonDu rant and Laura Vasquez present. Board 'resident Juanita Dempsey and Board Member Eddie Miller were absent. Also present were noire Chief Darryl Boykins, Tire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. The meeting was held in the Fire Department Classroom, Central Fire Station • �. 222 youth Michigan Street, South Bend, Indiana. Board members discussed the following items from that list: M Charge 2010-03 — Captain David Schackw Board Attomey Thomas Bodnar stated the Clerk received a request for a Hearing on July 12 2010 from Captain Sehackow. He noted this Hearing ma have to be done in an Executive' Session, dosed to the public, because the evidence is based on confidential information in the fornn of ambulance run reports. He noted that has only happened � once before rn his career. Attorney Bodnar stated he spore to Attorney Joseph Sheri and gave the Board optional dates that Mr. Siren would be ailable for the Hearing. . e informed g d the Board that the only date that would be within the thirty 0 day legal requirement would be August 9, 2010. - Filing of Charges 2010-04 — Captain Theodore Robert Board Attorney Thomas Bodnar stated the Board should set a tentative meeting for the nest weer, on July 21, 20 1 , in the event that Captain Robert contests his charges and d requests a Hearing. He noted. the Board will need to set a Hearing date at that meeting. } - Addition to the Agenda — Better of Complaint Board Member Pat Cottrell requested the Board address a letter of complaint received served b all Board Members from Captain Frederick Jaronr, Fire Department. Board Attorne Thomas Bodnar suggested it be added to the agenda and the Board could appoint � a member and himself to sit dory, with the Captains and Chief Buchanon to review and attempt to resole the dispute. Update on Collective Bargaining City Attorney Chuck Leone informed the Board that he was here to update them on union negotiations, and the Common Council Executive Session held on July 7, 20 10. Mr. Leone stated the City Controller, Gregg Zientara presented the Council with ' ro budget g projections for 2011 which shows revenues and property and income taxes fiat with a possible decline in income from income taxes. Because f this projection, he stated. the negotiations � will probably be four a �o salary increase in 2011 with possible increases in 2012 . and 2013. Attorney Leone noted that rant restructuring is top priori in negotiations with both � Police and Fire this year. He added here were other options the City is looking at to raise money in the pockets of the Police and Fire personnel. Some of those options include increased benefits and changes in the Police tale -hone vehicle policy to eliminate deductions. In the Fire Department, Attorney Leone noted that last year's reduction in vacation groups effective is not � e cost saver this year, and a return to eleven I I vacation groups will be considered. Attorney Leone stated they are looking to agree on a multi-year contract possibly three years. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:46 a. m. . BOARD OF PUBLIC SAFETY anita Dempsey, President Patrick D. Cottrell, ember PUBLIC AGENDA SESSION ATTEST, 'v t_ 1 .Ldda M. Martin, Clerk EXECUTIVE SESSION JULY 14. 2010 58 Bruce J. D urant, Member u a Vas ek, vrember Eddie Miller, Member JULY 1 2ol The hoard of �a� i e ��ee Wednesday, J The meeting was held in the Fire Chief s Conference Rooms Central Fire Station, 1222 youth Michigan Street, South Bend, Indiana, for the purposes specified in I.C. 5-14-1.5-6.1 � 2 and (A). hoard Members Patrick D. Cottrell, Bruce BonDurant, and Laura Vasquez were present, Board President Juanita Dempsey and Board Member Eddie Miller were absent Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the sub' eet natter �. specified in the Public Notice. The meeting adjourned at 9:12 a.m. BOARD of PUBLIC SAFETY nita Dempsey, President atrick D. Cottrell, ember Brace nDurant, ewer Laura Vasquez, Member � �. . Eddie Miller, Member ATTEST: r�. Lin a M. Martin, Clerk '13S.�`GI LA.R MEETING JULY 14� 2010 59 The Board of Public Safety met in the regular meeting at 9:17 a.m. on Wednesday, July 14, 201 O, with Board Members Patrick D. Cottrell, Bruce BonDurant, and Laura Vasquez present. Board 'resident Juanita Dempsey and Board Member Eddie Miller were absent. Also present were Police Chief Dail Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the Fire Department Classroom, Central Fire Station, 1222 South Michigan Street, South Bend, Indiana. APPROVE MINUTES OF PREVIOUS MEETINGS Mr. Cottrell 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 June 23, 201 o, and the Special Meeting held on July' , 2010 would be accepted as presented. There being no further discussion, the minutes were accepted. FIRE DEPARTMENT CHARGES 2010 -03 — CAPTAIN DAVID SC ACKOW Can July 12, 2010, Captain S chackow requested a Nearing oft the Board oft the above changes. Upon a motion by Ms. Vasquez, seconded by Mr. B on Durant and carried, the Board set August 9, 20 10 at 1: 3 o p.m. in the Board of Works Conference Room, Room 13 0 8, County --City Building, South Bend, Indiana, for the Hearing. ACCEPT AND FILE TRAVEL AND TRAINING- EXPENSE REPORT — APRIL THROUGH JUNE 2010 In a letter to the Board, Chief Howard Buchanon, presented the above report detailing the name, destination, justification, departure and return date, cost and expenses for all South Bend Fire Department personnel for the second quarter of 20 10. Mr. Cottrell stated if there were no further questions, the report would be accepted for filing. ACCEPT AND APPROVE RESIGNATION — ENGINEER JAMES ANKR M Mr. Cottrell advised that Fire Chief Howard Buchanon has submitted to the Board a. letter of resignation from Engineer Janes Ankrom, effective June 14, 2010. Chief Buchanon noted in his letter that Engineer Ankrom has served the South Bend Fire Department and the citizens of South Bead with hard work and dedication for the last nine 9 years. Upon a motion male by GIs. Vasquez, seconded by Mr. BonDurant and carried, the resignation was accepted and approved. FILING of MONTHLY STATISTICAL ANALYSIS REPORT — JUNE 201 Chief Howard Buchanon submitted to the Board the monthly report for the month of June, 20101, compiled by the Prevention/Inspection Bureau of the Fire Department. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. LETTER of COMPLAINT Mr. Cottrell stated the Board has authorized himself and Attorney Thomas Bodnar to meet at a mutually convenient time with Chief Buchanon and Captain Frederick Jaronik and Captain Scott REGU LAR MEETING JULY Webber to discuss and attempt to resolve the complaint of Captain Jaro i against Captain Scott, Mr, Cottrell added the Board did not need to make a motion on this. POLICE DEPARTMENT FILING of CHARGE 2 I0� --- CORPORAL THEODORE ROBERT Upon a motion by Ms. Vasquez, seconded by Mr. o D a ` t and carved, the hoard accepted the filing of Charge 2010-04, and requested the Clerk have the s Charge g wed upon corporal Theodore Robert. The following charge was filed: FACTUAL ALLEGATIONS On May 3 0, 2010, shortly after 11: oo p.irn,, Corporal Theodore Robert a sworn ember of the South Bead Police Department, transported Mr. Germaine Harris to the St. Joseph County Jail. Inside the jail vestibule at the St. Joseph County Jail, while Harris was handcuffed, and was struggling with but held by three or more St. Joseph County Jail Deputies,, Robert unched p Harris in the right eke. This was done not in defense of self or others and was unnecessary. CHARGE On May 30, 2010, Corporal Theodore Robert used unnecessary force towards Germaine Harris, which conduct violated Rule 3 02.00(3 7) of the South Bead Police D t' manual and the Response to Resistance General order issued by the Chief of Police and revised on April was conduct unbecoming a South Bend police officer, thereby violating I.C. 3 - 8 -- -4(b) (2)(B) (C)(G) and I) PRIVILEGE of THE FLOOR Mr. Ken Marls, President, Local 362, introduced Captain David So ac ow to the hoard, He informed the Board that he believes it was a mistake to schedule a Hearin - and that if the ion vas given the opportunity to sit down with Chief Buchanon,, he believes the y could work out a mutually agreeable resolution to the charges against Captain Schackow. ADJOURNMENT There being no further business to come before the Board Mr. Cottrell declared the meeting adi umed at 9:30 a.m. BOARD of PUBLIC SAFETY f anita Dempsey, Presided Patrick D. Cottrell, Member Bruce J. B ; .rant, Menflber ura Vasquez, Member Eddie Miller, Member ATTEST: +� M. Martin,