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HomeMy WebLinkAbout11/03/11 Board of Public Safety Special MeetingSPECIAL MEETING NOVEMBER 3 2011 55 The Board of Public Safety met in a Special Meeting at 8:08 a.m. on Thursday, November 3, 2011 with Board Members Patrick D. Cottrell, Bruce BonDurant, Eddie Miller, and John Collins present. Board Member Laura Vasquez was absent. Also present were Police Chief Darryl Boykins and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13 1h Floor County City Building, South Bend, Indiana. ADDITION TO THE AGENDA Mr. Cottrell noted the addition of the Filing of Charges 2011 -03 to the agenda. POLICE DEPARTMENT APPROVE ADMINISTRATIVE LEAVE — JEFFERY CHESTER In a letter to the Board, Chief Darryl Boykins stated that Patrolman Jeffery Chester was charged with Count 1, Official Misconduct (Class D Felony), Count 11, Official Misconduct (Class D Felony), Count III, Battery (Class B Misdemeanor) Count IV, Battery (Class B Misdemeanor). Chief Boykins requested that the Board place Patrolman Jeffery Chester on Administrative Leave without pay, pursuant to IC 36- 8- 34(n), effective immediately, until the disposition of criminal charges in the trial court. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, Patrolman Jeffery Chester was placed on Administrative Leave without pay effective immediately. FILING OF CHARGES 2011 -03 I BRITTON ODLE In a letter to the Board, Police Chief Darryl Boykins requested the Board place Officer Britton Odle on thirty (30) day suspension from duty without pay, and a letter of reprimand be placed in her personnel file. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Chief's recommendation was approved and the following Charges were approved to be served upon Officer Odle. m FACTUAL ALLEGATIONS I . At all times during and prior to 2011 through the present, Britton Odle (Hereinafter referred to as "Officer Odle ") was an officer in the South Bend Police Department. 1 Officer Odle was sent to Huntsville, Alabama for training as part of her duties as a South Bend Police Officer. She was to attend the Hazardous Device School in Huntsville from March 25, 2011 through May 6, 2011 and report back to work on May 9, 2011. During this period of time she was to be paid her regular rate of pay. 3. Pursuant to City policy, the South Bend Police Department prepaid the lodging for Officer Odle, presented her with a City credit card for all gasoline purchases, and provided in advance the estimated expenses for food and laundry for $1,794.00. The maximum allowed per policy for breakfasts, lunches and laundry was $43.00 per day. Officer Odle was advised of these restrictions by email on March 4, 2011. 4. A tornado hit Huntsville, Alabama on Wednesday, April 27, 2011. As a result of the damage and loss of electricity from that tornado, on April 28, 2011 the remaining classes of the Hazardous Device School which Officer Odle was attending were cancelled. 5. Officer Odle checked out of her lodgings on April 29, 2011 and returned to the South Bend area late that same day. 6. Although April 30, 2011 was a regularly scheduled work day for her, she did not report back to work until May 9, 2011, 7. She received and cashed a pay check which included pay for working on her regularly scheduled work days of April 30, May 1, May 2, May 3, May 7 and May 8, 2011. 8. On May 20th Officer Odle submitted an Officer's Report which said that because of the tornado that struck Huntsville she did not have receipts for four days that she was there. In that report she indicated that she only had estimates for meal (lunch and dinner) expenses for April 27 through April 30. She also indicated in that report that she did not leave Huntsville until May 1, 2011, 9. On June 21, 2011, she submitted an Expense Report detailing her expenses. In that report she indicated that because a tornado hit Huntsville on April 26th, she did not have receipts for her meal expenses for April 27t11 through April 30th. She also indicated in that report that she did not leave Huntsville until May 1, 2011. According to that report from the monies advanced her, she owed the City just $145.56. SPECIAL MEETING NOVEMBER 3 2011 56 9. Her report was rejected as unacceptable and she submitted a second Expense Report dated July 18, 2011. In that report she concluded that she owed the City $298.93. 10. Officer Odle met with Services Chief Gary Horvath and Captain David Hecklinski to go over her Expense Report on August 16, 2011. 11. In that meeting she again said she returned to South Bend on May 1, 2011. 12. In that meeting, after being shown newspaper internet articles indicating the tornado hit Huntsville, Alabama on April 27, 2011, she stated again that the tornado hit Huntsville, Alabama on April 26, 2011 and that there was no electricity on April 26, 2011. 13. Officer Odle actually owed a total of $409.57 from the expenses advanced and finally paid it back to the City on September 2, 2011. 14. On September 2, 2011, Officer Odle stated to Lee Ross in an Internal Affairs investigation that she returned to South Bend on May 1, 2011. 15. Officer Odle has not returned the money she was paid for the period she was in South Bend, but not working. COUNT 1[. By submitting an Expense Report on or about July 18, 2011 which she knew to be false, Officer Odle violated her oath of office as well as Rules 302.00(A)(29)(30)(34) and (53), and also committed conduct unbecoming a police officer, violating I.C. 36- 8- 3- 4(b)(2)(B) and (H). COUNT II. By falsely telling Chief Horvath and Captain Hecklinski on August 16, 2011 that she returned to South Bend on May 1, 2011, she knowingly violated her oath of office as well as Rules 302.00(A)(29)(30)(34) and (53), and also committed conduct unbecoming a police officer, violating I,C. 36- 8- 3- 4(b)(2)(B) and (H). COUNT III. By falsely telling Lt. Lee Ross on September 2, 2011 that she returned to South Bend on May 1, 2011, she knowingly violated her oath of office as well as Rules 302.00(A)(29)(30)(34) and (53), and also committed conduct unbecoming a police officer, violating I.C. 36- 8- 3- 4(b)(2)(B) and (H). ADJOURNMENT There being no further adjourned at 8:14 a.m. ATTEST: fLinda M. Martin, Clerk business to come before the Board, Mr. Cottrell declared the meeting BOARD OF PUBLIC SAFETY Patrick D. Cottrell, Member Bruce J. Vasquez, Member G. Eddie Miller, Member Jo ollins, Member