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Home My WebLink About03/16/2011 Board of Public Safety MeetingPUBLIC AGENDA SESSION MARCH 16, 2011 13 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, March 16, 2011 with President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Assistant Fire Chief James Lopez, 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. Board members discussed the following items from that list: - Additions to the Agenda Mr. Bodnar noted the addition to the agenda of the Filing of Charges 2011 -02 and a request for resignation, both under the Police Department. - Promotion in Special Assignment Chief Boykins stated that Patrolman Kenneth Stuart has completed all necessary schooling, has no disciplinary problems, and will be a great asset to the Department in his new role as a Sergeant in the Training Division. He noted Patrolman Stuart will be responsible for keeping all department weapons in top shape, and will not be in command of anyone. - Employee of the Month Chief Boykins informed the Board that January's employee of the month, Patrolman Davin Hackett, while on duty, noticed a suspicious driver and took pursuit. The suspect drove to an apartment building and attempted to run inside. He was pursued by Patrolman Hackett, and when apprehended, the suspect was found to have in his possession a large amount of money and drugs. It was later determined that he was thought to have just come from a bank robbery in another town. Chief Boykins noted that had Patrolman Hackett not been aware of the driver acting suspiciously at the time, a potential bank robber might not have been apprehended. - Monthly Statistical Analysis Chief Boykins stated his department is putting young officers to work on burglaries due to these crimes being committed by young people the majority of the time. He noted the officers are doing a great job of apprehending suspects and reducing the burglary rate. Chief Boykins noted the Police Department is trying a lot of new procedures this year to reduce crime rates, and so far it is working great. - Filing of Charges 2011 -02 Mr. Bodnar informed the Board that the Charges filed against Sergeant James Walsh are a result of an off -duty arrest for suspected driving under the influence that occurred several months ago. The case was just concluded in court two to three weeks ago, and Sergeant Walsh was found guilty of the lesser charge of reckless driving. He noted Chief Boykins is asking for twenty -one days off, which the Board is being asked to approve. Mr. Bodnar stated that normally the Board would schedule a meeting the following week to possibly set a hearing. He informed the Board that when he checked Legal Counsel Joseph Simeri's calendar, he found no openings in the month of April. Mr. Bodnar stated this creates a problem if Sergeant Walsh requests a hearing because the hearing must be done within thirty days after the serving of Charges according to statute. Mr. Bodnar stated they will have to find another attorney to cover the hearing if one is requested. Chief Boykins stated Sergeam Walsh is not going to request a hearing if the Board agrees to the Chiefs recommended twenty -one (2 1) days suspension. Mr. Bodnar noted he will be out of town next week, but the Board should meet on March 23, 2011 at 8:00 a.m. to set a hearing if needed, and to approve the Findings of Fact. Mr. BonDurant, Mr. Cottrell, and Ms. Vasquez stated they could all be available to make a quorum for the meeting. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:25 a.m. BOARD OF PUBLIC SAFETY ,:= uanita Dempsey, President : �' PUBLIC AGENDA SESSION Patricttrell, Member MARCH 16.2011 14 J. Bruce J. BonDurant, Member A. Vasquez, Member Eddie Miller, ember ATTEST: i da M .Martin, °lerk EXECUTIVE SESSION MARCH 16, 2011 The Board of Public Safety met in the Executive Session on Wednesday, March 16, 2011 at 8:30 a.m. The meeting was held in the Mayor's Conference Room, 14th 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 Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller were present. Also present were Police Chief Darryl Boykins, Assistant Fire Chief James Lopez, and Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the subj ect matter as specified in the Public Notice. The meeting adjourned at 9:10 a.m. BOARD OF PUBLIC SAFETY uanita Dempsey, President F c, Patrick D. Cottrel , Member / /-b - - Bruce J,, BonDurant, Member Vasquez, Mem Eddie Miller, Member ATTEST: J_ nda M. Martin, Clerk REGULAR MEETING MARCH 16, 2011 15 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, March 16, 2011, with President Juanita Dempsey and Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Assistant Fire Chief James Lopez, and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS President Dempsey 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 February 16, 2011 would be accepted as presented. POLICE DEPARTMENT APPROVE PROMOTION IN SPECIAL ASSIGNMENT — KENNETH STUART In a letter to the Board, Chief Boykins recommended that Patrolman I" Class Kenneth Stuart be promoted to the rank of Sergeant in special assignment in the Training Bureau effective March 16, 2011. In his letter, Chief Boykins informed the Board that Patrolman Stuart was sworn on the department on September 18, 2002 and was assigned to the Uniform Patrol Division before being transferred to the Training Division. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the recommended promotion in Special Assignment was approved. Chief Boykins presented Sergeant Stuart his badge.The Board joined the Chief in congratulating Sergeant Stuart. APPROVE RECOMMENDATION FOR EMPLOYEE OF THE MONTH — JANUARY 2011 DAVIN HACKETT Chief Boykins stated that Patrolman I s` Class Davin Hackett was selected as Employee of the Month for January, 2011. 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. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — FEBRUARY 2011 President Dempsey indicated that unless there were questions or objections by members of the Board, the monthly statistical report for the month of February 2011 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 ARSONS GRAND TOTAL FEBRUARY FEBRUARY 2010 2011 CHANGE 0 0 0 3 3 0 15 15 0 15 14 1 YEAR TO DATE 2{ 010 2011 CHANGE 0 0 + 0 10 11 + 1 37 48 + 11 38 36 - 2 80 73 7 204 196 24 23 1 52 51 159 198 + 39 392 407 + 23 13 - 10 41 30 1 4 + 3 1 6 + 320 343 + 23 775 785 + FILING OF CHARGES 2011 -02 — JAMES WALSH Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Board approved the filing of charges 2011 -02, and instructed the Clerk of the Board to have the Charges served on Sergeant James Walsh. The Board set a Special Meeting for Wednesday, March 23, 2011 at 8:00 a.m. to either i 15 11 5 10 REGULAR MEETING MARCH 16, 2011 16 set a hearing date or approve the Findings of Fact in the case. FACTUAL ALLEGATIONS On Saturday, October 23, 2010 at approximately 8:35 p.m. James Walsh was driving his personal vehicle on State Road 2 in New Carlisle, Indiana. At that time he was pulled over for possible speeding by an Indiana State Trooper. He was ticketed for speeding and operating a vehicle while intoxicated. Sgt. Walsh was taken to the St. Joseph County Jail and consented to take a certified breathalyzer test on which he tested 0.11 BrAC. A misdemeanor case was filed against him in the St. Joseph Superior Court, Traffic and Misdemeanor Division, Cause No. 71D01- 1010 -CM- 05945. On February 23, 2011 Sgt. Walsh pled guilty to the misdemeanor crime of reckless driving. His guilty plea was accepted. CHARGES COUNTI The conduct of Sgt. James Walsh on October 23, 2010 violated I.C. 36- 8- 3- 4(b)(2)(B) and (H), because his conduct was unbecoming a police officer and violated Section 302.00(1)(2) and (3) of the South Bend Police Department Duty Manual which states: Section 302 - Rules of Conduct Officers: Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department." "Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action." "Shall obey all criminal laws of the United States of America and of any state or local jurisdiction in which they are present." " COUNT II The conviction of Sgt. James Walsh in Cause No. 71D01- 1010 -CM -05945 in St. Joseph County Superior Court, Traffic and Misdemeanor Division of February 23, 2011 is a violation of I.C. 36-8-3 - 4(b)(1). RECOMMENDATION Due to his actions, Chief Darryl Boykins recommended that the assessed disciplinary action consist of suspension from duty without pay for twenty -one calendar days, and a letter of discipline placed into his personnel file. Upon a motion by Mr. Cottrell, seconded by Ms. Vasquez and carried, the Board accepted the Charges for filing and instructed the Clerk to serve the Charges on Sergeant Walsh. ACCEPT AND APPROVE RESIGNATION — THOMAS SHORT President Dempsey advised that the Board is in receipt of a letter of resignation for personal reasons, from Patrolman Thomas Short in which he tendered his resignation from the South Bend Police Department, effective March 11, 2011. Chief Boykins stated in his letter, that Patrolman Short was sworn on the Police Department on June 2, 2010. Upon a motion made by Mr. Cottrell, seconded by Ms. Vasquez and carried, the resignation was accepted and approved. ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 9:25 a.m. BOARD OF PUBLIC SAFETY Juanita Dempsey, President REGULAR MEETING ATTEST: mda M. Martin, Clerk MARCH 16, 2011 17 Patrick D. Cottrel% Member ' J. 4 Bruce J:.BonDurant ,Member aura A. Vasquez, Member Eddie Miller, Member