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Home My WebLink About08/04/10 Board of Public SafetyPUBLIC AGENDA SESSION AUGUST 4, 2010 61 The Board of Public Safety met in the Public Agenda Session at 8:02 a.m. on Wednesday, August 4, 2010 with Board President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, and Laura Vasquez present. Board Member Eddie Miller was absent. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, 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. Board members discussed the following items from that list: - Addition to the Minutes Attorney Thomas Bodnar noted the addition of the Fire Department Filing of Charges 2010- 05 against Firefighter Jordan Jostes to the agenda. - Contract for Emergency Medical Services for Notre Dame Football 2010 -2011 Season Attorney Bodnar stated this year's contract is for the same number of people, and there is no adjustment to the charges. Notre Dame pays the City at the Fire Department's overtime rate. Mr. Bodnar noted that Mr. Cottrell will no longer have to recluse himself from the vote, since his retirement from the Notre Dame Police Department this year. President Dempsey stated she and the other Board members did not receive a copy of the contract for review, but understood it to be the same terms as last year. - Motion to Dismiss without Prejudice — Charges 2010 -03 Attorney Bodar requested the Board approve his Motion to Dismiss without Prejudice the Charges against Captain David Schackow. He stated if the charges come back they will be slightly different. - Letter of Retirement Attorney Bodnar informed the Board that Reverend Donald Neely's position is an unpaid position. Chief Boykins stated the Reverend is also retiring from the Police Department. - Filing of Charges — 2010 -05 Attorney Bodnar requested the Board set a date for a meeting to set a Hearing date, should Firefighter Jordan Jostes request one after being served Charge 2010 -05. The Board agreed on August 18, 2010, at 8:15 a.m. - Employees of the Month Chief Boykins stated that Corporal Stephanie Marciniak, Employee of the Month for April, 2010, was listening to her Police radio on her way home and heard a strong arm robbery report at a bank. She spotted a vehicle matching the suspect's and pulled it over. It was later determined to be the robbery suspect's vehicle. The Police Department was able to apprehend the suspect's and recover the $3,000 stolen in the robbery. Corporal James Sweeney, Employee of the Month for May, 2010, responded to a call to the Police Department regarding a suspicious person going around a neighborhood knocking on doors, then walking around to the rear of the homes. He apprehended the suspect, who had hidden stolen merchandise in his car, and outside some of the homes. Corporal Theodore Robert, Employee of the Month for March, 2010, apprehended one suspect in an armed home invasion. After getting a statement from the suspect, the other suspect was apprehended. Corporal Robert was able to recover one of the weapons used in the home invasion. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:20 a.m. BOARD OF PUBLIC SAFETY --,-a uanita Dempsey, Presideu Patrick D. Cottrell, Member PUBLIC AGENDA SESSION ATTEST: Li da M. Martin, Clerk' _AUGUST 4.2010 62 J. Bruce J. BonDurant, Member Laura Vasquez, Member � Eddi�Miller, N e mber EXECUTIVE SESSION AUGUST 4, 2010 The Board of Public Safety met in the Executive Session on Wednesday, August 4, 2010 at 8:25 a.m. The meeting was held in the Mayor's Conference Room, 10 Floor, County-City Building, 227 West Jefferson Blvd., South Bend, Indiana, for the purposes specified in I.G. 5- 14- 1.5- 6.1(b) (2) (B) and (b) (6) (A). Board President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, and Laura Vasquez were present. Board Member Eddie Miller was 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 subject matter as specified in the Public Notice. The meeting adjourned at 9:10 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President i Patrick D. Cottrell, Member J. Bruce J. BonDurant, Member Laura Vasquez, Member Eddie Miller, Member ATTEST: 9 — Linda M. Martin, Clerk REGULAR MEETING AUGUST 4. 2010 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, August 4, 2010, with Board President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, and Laura Vasquez present. Board Member Eddie Miller was absent. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. REGULAR MEETING AUGUST 4, 2010 63 APPROVE MINUTES OF PREVIOUS MEETINGS President Dempsey advised that if there were no objections by members ofthe Board, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on July 14, 2010 would be accepted as presented, with one change requested by Attorney Thomas Bodnar. Mr. Bodnar stated after re- playing the tape of the meeting of July 14, 2010, he requested one line be added to the Minutes of that meeting, noting that Mr. Cottrell stated there was no motion necessary for the approval of himself, Mr. Bodnar, and one of the Chief's meeting with Captain Frederick Jaronik to resolve his issues. There being no further discussion, the minutes were accepted. FIRE DEPARTMENT CONTRACT — EMERGENCY MEDICAL SERVICES FOR NOTRE DAME FOOTBALL 2010- 2011 SEASON President Dempsey stated the Board is in receipt of a Contract for Emergency Medical Services for the 2010 -2011 Notre Dame Football Season, which provides funds to the City in exchange for services of the Fire Department. President Dempsey requested it be approved with the notation that the Board had not reviewed the Contract, and understood it to contain the same terms as the previous years' contract. Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Contract was approved. MOTION TO DISMISS WITHOUT PREJUDICE - CHARGES 2010 -03 — CAPTAIN DAVID SCHACKOW On July 12, 2010, Captain Schackow requested a Hearing of the Board of the above charges. Chief Buchanon has now requested the charges currently pending against Captain Schackow be dismissed without prejudice. Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Board approved the motion to dismiss the Charges without prejudice. ACCEPT AND APPROVE RETIREMENT — REVEREND DONALD NEELY President Dempsey advised that Chief Howard Buchanon has submitted to the Board a letter of retirement for Reverend Donald Neely, Chaplain for the South Bend Fire Department. Reverend Neely stated in his letter that he has served the Fire Department for almost thirty-one (3 1) years, having been appointed in1979 by the Board of Safety. Chief Buchanon stated he wished to extend his gratitude to the Reverend for his tremendous service, and noted it was a great loss to the Department. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the retirement was accepted and approved effective August 4, 2010. FILING OF CHARGE 2010 -05 — FIREFIGHTER 2ND CLASS JORDAN JOSTES Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Board accepted the filing of Charge 2010 -05, and requested the Clerk have the Charge served upon Firefighter Jostes. The following charge was filed: FACTUAL ALLEGATIONS On April 20, 2010, Firefighter 2 "d Class Jordan Jostes, a sworn member of the South Bend Fire Department, reported to work at Fire Station 11, 3509 N. Bendix Dr., South Bend, Indiana. He brought into the station a weapon, a knife greater than one foot in length. When his shift ended at approximately 700 hours on April 21, 2010, he left the knife under the pillow of his bunk. CHARGE On April 21, 2010 Firefighter 2 "d Class Jordan Jostes stored a weapon, a knife, in Fire Station 11. His conduct violated Rule 402.00(4) of the South Bend Fire Department Duty Manual and is conduct unbecoming a South Bend Fire Firefighter, all in violation of I.C. 36- 8- 34(b)(2)(B) and (H). POLICE DEPARTMENT APPROVE FINDINGS OF FACTS — CHARGES 2010 -04- CORPORAL THEODORE ROBERT In a previous Board of Public Safety meeting, the Board found that for his actions, Cpl. Theodore Robert shall be suspended without pay from the South Bend Police Department without pay for a REGULAR MEETING AUGUST 4, 2010 64 period of thirty (30) calendar days, which days shall commence at the election of the Chief of Police. Mr. Bodnar presented the Findings of Facts for approval. Upon a motion made by Mr. BonDurant, seconded by Ms. Vasquez and President Dempsey, the Findings of Fact were approved as presented. Mr. Cottrell voted to oppose the Findings of Fact. APPROVE PERMANENT PROMOTION —AARON CASSEL In a letter to the Board, Chief Boykin recommended that Corporal Aaron Cassel be promoted permanently to the rank of Sergeant in the Crime Prevention Unit effective August 12, 2010. Chief Boykins stated in his letter that Corporal Cassel was placed in a special assignment as a Sergeant in the Crime Prevention Unit on August 12, 2009, a position that required several evaluations to be completed for one year to note his progress as a supervisor. Upon a motion made by Mr. BonDurant, seconded by Ms. Vasquez and carried, the recommended permanent promotion was approved. APPROVE RECOMMENDATION FOR EMPLOYEES OF THE MONTH — MARCH APRIL AND MAY 2010 Chief Boykins stated that the following officers were selected as Employees of the Month as noted: CORPORAL THEODORE ROBERT — MARCH 2010 CORPORAL STEPHANIE MARCINIAK — APRIL 2010 CORPORAL JAMES SWEENEY — MAY 2010 The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions noted by supervisors or citizens from both a professional law enforcement position and in support of the community policing efforts with citizens of South Bend. There being no further discussion, the recommendation of Chief Boykins was accepted for filing. ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT Chief Boykins, Police Department, advised the Board of a generous donation made to the South Bend Police Department Summer Tennis Program from Stanz Cheese Co. in the amount of $100.00. There being no further discussion, the donation was accepted and filed. FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING APRIL MAY AND JUNE 2010 Lieutenant Dave Hecklinski, Training Division, South Bend Police Department, submitted to the Board a written Quarterly Report for Specialized Training for the periods of April, May and June 2010. The report indicated the specialized training attended, the names of the officers who attended, and the costs involved. There being no questions concerning this report, the Quarterly Report for Specialized Training as submitted was accepted and filed. FILING OF AMENDED MONTHLY STATISTICAL ANALYSIS REPORT MAY 2010 President Dempsey indicated that unless there were questions or objections by members of the Board, the amended monthly statistical report for the month of May 2010 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 ASSLT BURGLARY RES BURGLARY NON RES LARCENY MOTOR VEH THEFT MAY MAY 2009 2010 CHANGE 1 1 0 6 2 4 33 34 1 37 32 5 134 158 42 48 384 359 26 32 YEAR TO 487 DATE 173 6 2009 2010 CHANGE 6 1 5 21 22 1 122 130 8 125 121 4 24 487 660 173 6 168 157 - 11 25 1393 1277 - 116 6 113 122 9 REGULAR MEETING ARSONS GRAND TOTAL 2 7 665 673 AUGUST 4, 2010 5 16 16 8 2451 2506 65 FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — JUNE 2010 President Dempsey indicated that unless there were questions or objections by members of the Board, the monthly statistical report for the month of June 2010 as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: 0 55 ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 9:25 a.m. ATTEST: 'LiAda M. Martin, Clerk BOARD OF PUBLIC SAFETY uanita Dempsey, President 7 Patrick D. Cottrell, Member Bruce J. BonDurant, Member Laura Vasquez, Member Eddie Miller, Member JUNE JUNE YEAR TO DATE PART I OFFENSES 2009 2010 CHANGE 2009 2010 CHANGE MURDER 1 2 1 7 3 4 RAPE 7 3 - 4 28 25 - 3 ROBBERY 38 25 - 13 160 155 - 5 AGGRAVATED 48 33 - 15 173 154 - 19 ASSLT BURGLARY RES 150 166 16 637 826 189 BURGLARY NON 55 74 19 223 231 8 RES LARCENY 405 278 - 127 1798 1555 - 243 MOTOR VEH 42 36 - 6 155 158 3 THEFT ARSONS 2 5 3 18 21 3 GRAND TOTAL 748 622 - 126 3199 3128 - 71 ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 9:25 a.m. ATTEST: 'LiAda M. Martin, Clerk BOARD OF PUBLIC SAFETY uanita Dempsey, President 7 Patrick D. Cottrell, Member Bruce J. BonDurant, Member Laura Vasquez, Member Eddie Miller, Member