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Home My WebLink About12/29/2010 Board of Public Safety MinutesPUBLIC AGENDA SESSION DECEMBER 29, 2010 107 The Board of Public Safety met in the Public Agenda Session at 8:08 a.m. on Wednesday, December 29, 2010 with Board President Juanita Dempsey and Board Members Patrick D. Cottrell, Bruce J. BonDurant, Laura Vasquez, and Eddie Miller present. Also present were Board Attorney Thomas Bodnar, Police Chief Darryl Boykins, and Fire Chief Howard Buchanon. 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: - Additions to the Agenda — Fire Department Attorney Thomas Bodnar stated he would be adding Resolution No. 84 -2010 and a Letter of Understanding, both regarding the Fire Department's 2011 -2012 Working Agreement. - Approve 2011 -2012 Working Agreement — Police Department Attorney Thomas Bodnar stated there are very few changes to the new working agreement. Some of those changes include the elimination of the rank of Corporal; the addition of one more critical duty day; and the Chief's request for random drug testing rather than all officers being required to be tested every year. Also noteworthy is the Chief's ability to change Investigative Division working hours has been deleted. - Approve Three (3) Promotions to Patrolman 1St Class — Police Department Chief Darryl Boykins stated the reason for the different effective dates of the promotions is due to the officers being sworn in on different dates. - Approve Request for Demotion — Police Department Attorney Thomas Bodnar noted Lieutenant Mike Suth has requested the demotion to Sergeant because he wants a bigger challenge, even if it means less pay. Mr. Bodnar noted that Lieutenant Suth is a very competent officer who has worked on converting tapes from Police cars to DVD format, among other technical duties. - Approve Special Police Commissions Mr. Bodnar stated the individuals listed in Chief Boykin's letter to the Board are all renewals of Special Police Commissions, except for a couple that will be newly appointed by the Board's approval of the Chief's letter of request. He noted that any former Special Police Commission appointments that are not being approved for renewal this year are automatically rescinded. - Employees of the Month — Police Department Chief Boykins stated that Patrolman Andrew Hines, the officer selected for Employee of the Month for September, is a new officer who was debating whether to stay on the Police Force or pursue other career objectives. He was selected for two outstanding arrests in a one month period. The first was his tracking and arrest of a suspect responsible for numerous car break -ins on the Northeast side of town. Patrolman Hines tracked and chased the suspect, jumping a fence and injuring himself in the process. That same month he pulled a suspicious car over and discovered it contained a floating meth lab. He was able to make an arrest in this case also. Corporal Philip Herman, selected for Employee of the Month for October, observed an individual carrying a gun into Adams High School, when he was working as an SRO at the school. Corporal Herman made an arrest before the individual was able to enter the school and do any harm. - Approve 2011 -2012 Working Agreement — Fire Department Attorney Thomas Bodnar stated this agreement reverted back to manning and procedures the Union previously conceded on in negotiations during extreme budget constraints. The Letter of Understanding sets forth the promotion process for the positions of Fire Suppression Captain and Paramedic Captain. Resolution No. 84 -2010 addresses the provisions of Special Assignments. Mr. Bodnar noted the Letter of Understanding will be in effect for two (2) years. - Approve Contracts with Notre Dame University Mr. Bodnar stated the two (2) contracts being approved today include Emergency Medical Services during Special Events and 911 Emergency Services. Both contracts charge an amount to cover the Fire Department expenses. He stated Notre Dame is billed for the presence of the Fire Department personnel at special events and if there is an ambulance run, they are billed for the additional charges. He stated the Notre Dame agreements are five year agreements with a formula to adjust the rate depending on the amount that paramedics make in that particular year. For the first time there is also a sixty (60) day written notice cancellation clause, at the insistence of Notre Dame. PUBLIC AGENDA SESSION DECEMBER 29 2010 108 ADJOURNMENT There being. no further business to come before the Board, President Dempsey declared the meeting adjourned at 8:23 a.m. ATTEST: 0 inda M. Martin, C rk BOARD OF PUBLIC SAFETY uanita Dempsey, President Patrick D. Cottre 1, Member Bruce J. B urant_ Memhor A i asquez, Member Eddie Miller, Member EXECUTIVE SESSION DECEMBER 29 2010 The Board of Public Safety met in the Executive Session on December 29, 2010, 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) (A) and (b) (6) (A). Board President Juanita Dempsey, Board Members Bruce J. BonDurant, Patrick Cottrell, Laura Vasquez, and Eddie Miller were present. Also present were Board Attorney Thomas Bodnar, Police Chief Darryl Boykins, and Fire Chief Howard Buchanon. 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. ATTEST: }inda M. Martin, Uerk REGULAR MEETING BOARD OF PUBLIC SAF Y j anita Dempsey President v Patrick D. Cottrell, ember ! , ✓. 4 � � Bruce JA36nDumnt _ M;- bpi asquez, Member �d Eddie Miller, Member DECEMBER 29, 2010 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, December 29, 2010, with Board President Juanita Dempsey, and Board Members Bruce J. BonDurant, Patrick D. Cottrell, Laura Vasquez, and Eddie Miller present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanon, and Board Attorney Thomas Bodnar. REGULAR MEETING DECEMBER 29, 2010 109 The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETING President Dempsey stated that unless there were any objections, the Minutes of the December 8, 2010 meeting would be accepted as presented. POLICE DEPARTMENT APPROVE 2011 — 2012 WORKING AGREEMENT Mr. Bodnar stated that Mr. Chuck Leone, City Attorney, negotiated the 2011 -2012 Working Agreement with the Fraternal Order of Police. He noted the agreement has no major changes and is a two year agreement. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the 2011 -2012 Working Agreement was approved. APPROVE PROMOTION TO PATROLMAN 1sT CLASS - Jamil Elwaer - Chadwick Goben In a letter to the Board, Chief Boykins recommended that the above Patrolmen 2 "d Class be promoted to the rank of Patrolman 1St Class effective January 9, 2011. Chief Boykins noted that Patrolman Elwaer and Patrolman Goben have successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the recommended promotions were approved effective January 9, 2011. APPROVE PROMOTION TO PATROLMAN 1sT CLASS - Joshua Mann In a letter to the Board, Chief Boykins recommended that Patrolman 2 "d Class, Joshua Mann, be promoted to the rank of Patrolman 1St Class effective January 10, 2011. Chief Boykins noted that Patrolman Mann has successfully completed three (3) years of service with the South Bend Police Department. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the recommended promotion was approved effective January 10, 2011. ACCEPT AND APPROVE RETIREMENT — THOMAS LESZCZ President Dempsey advised that Chief Darryl Boykins has submitted to the Board the Application and Declaration for Retirement for Corporal Thomas Leszcz effective January 7, 2011. Chief Boykins noted that Corporal Leszcz is retiring in good standing with the Department after serving for thirty -seven (37) years and twenty -two (22) days. Chief Boykins joined the Board in thanking him for his commitment, dedication, and years of service to the South Bend Police Department and the citizens of South Bend. Upon a motion made by Ms. Vasquez, seconded by Mr. Miller and carried, the retirement was accepted and approved. APPROVE REQUEST FOR DEMOTION — MIKE SUTH In a letter to the Board, Chief Darryl Boykins asked the Board to honor the request for demotion to Sergeant from Lieutenant Mike Suth. Chief Boykins noted that Lieutenant Suth has requested this demotion to Sergeant in the Investigative Division to take a job in the Metro Special Operations Section as an Evidence Tech. Chief Boykins included in his letter a waiver of any rights to a hearing on this matter under IC 36 -8 -3, signed by Lieutenant Suth. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Miller and carried, the request for the demotion from Lieutenant to Sergeant was approved effective December 20, 2010. APPROVE SPECIAL POLICE COMMISSIONS — 2011 In a letter to the Board, Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the following for the purpose of Traffic Enforcement Officers (formerly Civilian Volunteer Officers). These commissions do not include the powers of arrest or the carrying of a weapon: - Tom Camren - Dick Cowper - Emil Eckenberger - Dennis Eckenberger - Garnett Keeys - Patrick Leavell - Barbara Leavell REGULAR MEETING - Elton Thompson - Mary Reed - Wendy Yuhasz - Steve Wieger - Donnie Graham DECEMBER 29, 2010 110 Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the following for the purpose of Public Service Officers. These commissions do not include the powers of arrest or the carrying of a weapon: - Angela Davis - Cynthia DeLeon - Barbara Holleman - Nicholas Malijan - Antonio Salazar - Elaine Rau - Maria Scherer - Janice Taberski - Judy Withers Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the following for the purpose of South Bend Park Department. This commission does authorize the individual to carry a weapon, carry a South Bend Police Department radio and take police reports in South Bend Park and Recreations properties. These individuals are armed: - Steve Orlowski - Daniel Schaefer - Dave Hancock The following Park Department personnel are authorized to carry a South Bend Police Department radio but do not have the authority to be armed nor do they have the powers of arrest: - Phil St. Clair Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the following for the purpose of South Bend Fire Department. These commissions are authorized to carry a weapon while acting in the capacity of Arson Investigators. They do not have the powers of arrest: Rudy Jimenez Robert Brechtl Police Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued for the following for the purpose of On- Street Patrol Parking Enforcement Personnel. These commissions do not include the powers of arrest or the carrying of a weapon: - Jerry Ingram - Richard Grey - Scott Nance - James Lahood - Cliff Bromeling - Damaray Macon Chief Darryl Boykins recommended that Special Police Commissions be renewed or issued to the following Security Officers of Indiana University South Bend. These Commissions are issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. All of their officers are sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. These Commissions have the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: REGULAR MEETING - John Bright - Morris DeGeyter - Edwin Garcia Jr. - Martin Gersey - Dennis Bernth - Troy Hudgen - Larry Miller - James McGhee Timothy McNeely Ed Summers Bruce Villwock DECEMBER 29.2010 1 l 1 This will empower the above listed individuals to enforce parking violations on the following streets adjacent to the campus: Mishawaka Ave. from Bellevue Street on the west to 21St Street on the East; Bellevue Street from Mishawaka Avenue on the north to Hildreth Street on the south; Hildreth Street from Bellevue Street on the west to the campus proper on the east; Esther Street from Mishawaka Avenue on the north to Hildreth Street on the south; Ruskin Street from Bellevue Street on the west to the campus proper on the east; 20th Street from Mishawaka Avenue on the north to Northside Boulevard on the south; Vine Street from 20th Street on the west to 21St Street on the east; and Northside Boulevard from 21 St Street on the east to Memorial Park on the west Chief Darryl Boykins recommended that Special Police Commission be issued to the following Security Officer of Ivy Tech South Bend Campus. This Commission is issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. This officer is sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. This Commission has the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: James E. Clark, Jr. This will empower the above listed individual to enforce parking violations on the following streets adjacent to the campus: Main Campus: Michigan St. from Broadway St. north to Sample St. Sample St. east to Fellows; Fellows south to Broadway, including Dean Johnson Blvd. (which runs east and west inside this perimeter); and Broadway St. west to Michigan. The property ONLY owned by Ivy Tech at 328 Michigan Street and the property owned by Ivy Tech at 250 Sample St. It is the recommendation of Chief Boykins that the commissions for the following individuals be renewed or issued for the Department of Code Enforcement. These Commissions are issued for the purpose of writing citations for Ordinance violations where such violations have fines set by Superior Court Judges. These Commissions will also empower these listed individuals to enforce the Snow Route and Residential Snow Emergencies and to tow vehicles found to be in violation of these Ordinances. These Commissions also include Animal Control officers who issue tickets for nuisance violations. These Commissions do not authorize the powers of arrest nor the carrying or use of a weapon: Code Enforcement Officers: Catherine Toppel - Karl Hardy Brian Haygood - Ed Humphrey Jeff Katona Katrina Kester Gary Libbey Robert Simmons - John Smith REGULAR MEETING Animal Control Officers: - Brian Walters - Kim Lucas - Chuck Lemaire - Rex Pemberton - Brad Brydon DECEMBER 29, 2010 112 Police Chief Boykins stated that any previous Special Police Commissions that were issued to anyone not listed in his recommendation letter are now rescinded. The aforementioned police commissions are in effect until rescinded. All of the aforementioned individuals have met the Commission requirements of the South Bend Police Department. Upon a motion by Ms, Vasquez seconded by Mr. Miller and carried, all of the above Special Police Commissions were approved and all former Special Police Commissions not listed, were rescinded. ACCEPT AND FILE RECOMMENDATION FOR EMPLOYEES OF THE MONTH — SEPTEMBER AND OCTOBER 2010 In a letter to the Board, Chief Boykins stated that Patrolman Andrew Hines was selected as Employee of the Month for September 2010 and Corporal Philip Herman was selected as Employee of the Month for October 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, President Dempsey stated the recommendations would be accepted for filing. FIRE DEPARTMENT APPROVE 2011 AND 2012 COLLECTIVE BARGAINING AGREEMENT Mr. Bodnar stated Mr. Chuck Leone, City Attorney, met with Local Union 362 and reached agreement on this year's working agreement. He noted the main changes are due to concessions on the part of the Union in previous years when there was a budget crunch. The standards the Union conceded on have been reinstated in this agreement. Mr. Bodnar noted there is also one (1) more critical duty day added to the agreement, and the rank of Engineer has been eliminated. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the Working Agreement was approved. Representatives from Local Union No. 362 were present to sign the agreement on behalf of the Union. APPROVE LETTER OF UNDERSTANDING REGARDING PROMOTION PROCESS Mr. Bodnar stated that former Fire Chief Luther Taylor's last act was to create a promotion system for promotion to the rank of Captain. The process was in effect for the two years' of the working agreement, and then extended for another one (1) year after. He noted it has now expired and this Letter of Understanding sets out the terms similar to the Police Department's for promotions to the rank of Captain. Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the Letter of Understanding was approved. APPROVE CONTRACT FOR EMERGENCY MEDICAL SERVICES — NOTRE DAME UNIVERSITY SPECIAL EVENTS Mr. Bodnar presented the Board with the above contract for approval. He noted this year's contract for the Fire Department to provide emergency medical services to the university during special events, will extend five years, through 2015. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the contract was approved. APPROVE CONTRACT FOR 911 EMERGENCY MEDICAL SERVICES TO NOTRE DAME UNIVERSITY Mr. Bodnar presented the Board with the above contract for approval. He noted this year's contract for the Fire Department to provide emergency medical services to the university will extend five years, through 2015. Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the contract was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — NOVEMBER 2010 LJ REGULAR MEETING DECEMBER 29, 2010 113 Chief Howard Buchanon submitted to the Board the monthly report for the month of November, 2010, compiled by the Prevention/Inspection Bureau of the Fire Department. President Dempsey stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: NOVEMBER NOVEMBER 2009 1 2010 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $223,805.00 $89,450.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 336 Inspections 340 Inspections 1 122 Re-Inspections 152 Re-Inspections INVESTIGATIONS (Police/Fire Arson Bureau) 28 22 investigations Investigations 9 6 Arson Arson ADOPT RESOLUTION NO. 84 -2010 - A RE_S_OLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING SPECIAL ASSIGNMENTS IN THE SOUTH BEND FIRE DEPARTMENT Upon a motion by Mr. BonDurant, seconded by Mr. Cottrell and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 84-2010 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY CONCERNING SPECIAL ASSIGNMENTS IN THE SOUTH BEND FIRE DEPARTMENT WHEREAS, the promotion of qualified individuals to the supervisory ranks of any public safety organization such as the South Bend Fire Department is of utmost importance to the efficiency and morale of the department and to the well being of the citizens of South Bend; and WHEREAS, the best means of checking an individual's ability to hold a superior rank is to observe the firefighter performing the duties of that rank; and WHEREAS, I.C. 36- 8- 3 -7(a) authorizes the detailing of regular firefighters to perform special duties within the City of South Bend; and WHEREAS, the South Bend Fire Department wants to make the best possible promotions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, that: The Fire Chief of the City of South Bend is authorized to assign those firefighters he sees fit to special duties as Captains subject to the circumstances set forth below: 1. The maximum time any firefighter may be assigned to special duty shall be one year; 2. The Chief shall have the power to reassign that firefighter from special duty to his regular assignment at any time; - 3. The Chief shall advise the Board of all such assignments or reassignments at its first regular meeting after the assignment; 4. The Chief shall advise the Board of the performance of each firefighter serving a special assignment or reassignment; 5. In accordance with I.C. 36 -8 -3 -7 and is currently required by Section 5 of the South Bend Fire Department Salary Ordinance, personnel assigned to perform REGULAR MEETING DECEMBER 29, 2010 114 the duties of the rank of Captain shall be paid the same rate per diem as other Captains in the South Bend Fire Department while so assigned; 6. Persons serving a special assignment as a Captain shall be entitled to wear the Captain insignia and shall be referred to by that title; 7. Nothing in this resolution or any actions taken under it shall be construed to give the authority to the Chief to make permanent promotions, and such power shall continue to reside exclusively in the Board of Public Safety and can only be exercised by the Board of Public Safety at an open meeting. 8. While in special assignment, firefighters shall be evaluated on a periodic basis. Adopted this 29th day of December, 2010. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Juanita Dempsey, President s/Patrick D. Cottrell, Member s/Eddie L. Miller, Member s /Bruce J. BonDurant, Member s /Laura A. Vasquez, Member Attest: s /Linda Martin, Clerk ADJOURNMENT There being no further business to come before the Board, President Dempsey declared the meeting adjourned at 10:05 a.m. BOARD OF PUBLIC SAFETY anita Dempsey, President 6 Patrick D. Cottrel , Member Bruce J. ArDurant, Member Laura Vasquez, Member 2L; 9 lo Eddie Miller, Member ATTEST: Linda M. Martin, Clerk