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HomeMy WebLinkAbout11/16/11 Board of Public Safety MeetingAGENDA SESSION NOVEMBER 16 2011 57 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, November 16, 2011 with Board Members Patrick D. Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller, and John Collins present. 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`h Floor County City Building, South Bend, Indiana. ADDITIONS TO THE AGENDA Mr. Cottrell noted the addition to the agenda of a request by Legal for a Hearing on whether Best Way Towing should be removed from the City Towing List, and Resolution No. 78 -2011 and Resolution No. 79 -2011, establishing the 2012 Holiday Schedules for the Police and Fire Departments. Board members discussed the following items from the agenda: - Charges 2011-03 -- Britton Odle Mr. Bodnar stated that Ms. Odle is not requesting a Hearing, but is requesting to speak to the Board regarding her punishment. Chief Boykins explained that she wants to address the Board about leniency due to the time of year being close to the holidays and the fact that she has several children. Chief Boykins noted he has not spoken to her about the Charges, but this is what he heard that she was concerned about. Mr. Bodnar informed the Board that he has drafted Findings of Facts. - Application for Retirement — Police Department Chief Boykins stated that Patrolman First Class, Glenn McQueen is retiring from the Police Department and will continue to work security at Indiana University South Bend. - Request for Demotion — Police Department Chief Boykins stated Patrolman First Class Suzanne Dieter has requested she be demoted to Patrolman in the Investigative Division for personal reasons. - Application for Disability Benefits — Police Department Chief Boykins noted the Pension Board has approved Sergeant Ray Wolfenbarger's application for disability benefits, now the Board needs to approve his request, which will go into effect in December. - Request for Hearing -- Best Way Towing Mr. Bodnar informed the Board that last month he received a call from a lady who had her car towed by Best Way Towing after an accident. At the time, the truck driver told her what the charges would be when she picked up her car. When she went to pick up her car she took the exact amount she was told, but when she got there, Best Way told her she owed an additional $10.00 gas surcharge. Mr. Bodnar explained that in the contract with the towing companies it states if gas is over $4.00 a gallon, the tow companies can impose a surcharge. He noted the current gas price is based on the Department of Energy's website. Mr. Bodnar stated in April the cost of fuel was over $4.00, but in May it went below $4.00 and stayed under. He noted this tow occurred over Labor Day weekend. He stated on October 7, 2011, he sent a letter to Best Way stating they should refund all surcharges to all customers that were overcharged. In his Ietter, Mr. Bodnar stated the refunds should be done within thirty (30) days. On November 10, 2011, Lt. Stephen Goen of the South Bend Police Department reported to Mr. Bodnar by e -mail that Best Way had not returned the money to all of the people they had overcharged, and did not say they would. Mr. Bodnar stated the next step is for the Board of Safety to have a hearing at their next meeting regarding the removal of Best Way from the towing list. Mr. Cottrell questioned why they should wait until the next meeting; couldn't they do it today? Mr. Bodnar stated if they want to, they can decide today. Ms. Vasquez asked if they remove Best Way, would they then move the next company on the waiting list up to fill the spot. Mr. Bodnar stated the number of tows has decreased significantly the last couple of years. He noted there use to be six (6) companies, that decreased to five (5), and now he stated he is not sure there are enough tow requests to require the fifth spot to be filled. He stated the Board would need to check the number of tows to determine if another company should be added. He stressed that the existing companies have been cut almost in half on their numbers, and adding another company would reduce the numbers even more. Mr. Bodnar stated he checked with Mishawaka, and South Bend allows the tow companies to charge as much as or more thanMishawaka. He AGENDA SESSION NOVEMBER 16 2011 58 noted Mishawaka tow companies are not open on Sundays either. Chief Boykins noted that last year the tow companies charged extra for opening on Saturdays. Board members agreed to add the removal of Best Way Towing to today's agenda. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:30 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrel , Member Bruce J. onDurant, mber Laura A. Vasquez, Me ✓ s Eddie Miller, Member J Collins, Member ATTEST: �--I�nda M .Martin, Cler EXECUTIVE SESSION NOVEMBER 16 2011 The Board of Public Safety met in the Executive Session on Wednesday, November 16, 2011 at 8:35 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). Board Members Patrick Cottrell, Bruce BonDurant, Laura Vasquez, Eddie Miller and John Collins were present. Also present were Police Chief Darryl Boykins, Fire Chief Howard Buchanan, and 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 9:05 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, ember /Bruce onDur t, e ber quez, Membe Eddie Miller, ember Joh Co lins, Member TTEST ._ Cl k .Linda M. Martin, REGULAR MEETING NOVEMBER 16 2011 59 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, November 16, 2011, with Board Members Patrick Cottrell, Bruce Bondurant, Laura Vasquez, Eddie Miller and John Collins present. 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'h Floor County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Upon a motion by Mr. BonDurant, seconded by Ms. Vasquez and carried, the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on October 19, 2011, and the Special Meeting of November 3, 2011 were approved as presented. APPROVE 2012 BOARD OF SAFETY SCHEDULE Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the following schedule for 2012 for the Board of Safety was approved: PLACE: 13TH FLOOR, COUNTY -CITY BUILDING, ROOM 1308 SOUTH BEND, INDIANA TIME: Board of Public Safety Agenda Session Begins at 8:00 a.m. Board of Public Safety Meeting Begins at 9:15 a.m. JANUARY FEBRUARY MARCH 18 15 21 APRIL MAY JUNE 18 16 20 JULY AUGUST SEPTEMBER 18 15 19 OCTOBER NOVEMBER DECEMBER 17 14 19 POLICE DEPARTMENT APPROVE AND ENTER FINDINGS OF FACT — CHARGES NO.2011 -03 — BRITTON ODLE Mr. Cottrell stated in a letter to the Board, Officer Odle accepted her Charges and did not request a Hearing. Mr. Bodnar presented Findings of Fact regarding Charges 2011 -03 to the Board stating that Patrolman First Class Britton Odle be suspended without pay from the South Bend Police Department for a period of thirty (30) consecutive calendar days to begin on a date chosen by the Chief of Police. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Findings of Fact regarding Charges 2011 -03 were approved. APPROVE PERMANENT PROMOTION — ERIC CRITTENDON In a letter to the Board, Chief Darryl Boykins recommended that Sergeant Eric Crittendon be promoted permanently to the rank of Lieutenant, no longer in special assignment, effective November 27, 2011. Chief Boykins stated in his letter that Sergeant Crittendon was placed in a special assignment as a Lieutenant in the Investigative Division on November 27, 2010. This special assignment required several evaluations to be completed for one year to note the progress Sergeant Crittendon was making as a supervisor. Upon a motion made by Ms. Vasquez, seconded by Mr. Bondurant and carried, the recommended permanent promotion was approved. REGULAR MEETING NOVEMBER 16 2011 60 ACCEPT AND APPROVE APPLICATION FOR RETIREMENT — GLENN MC QUEEN In a letter to the Board, Chief Darryl Boykins submitted the Application and Declaration for Retirement for Patrolman First Class Glenn McQueen, effective October 28, 2011. Chief Boykins noted that he has served the Department with loyalty and distinction during the last twenty -four (24) years, eight (8) months and seven (7) days. In his letter, Chief Boykins joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police Department and the citizens of South Bend. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the retirement was accepted and approved. ACCEPT AND APPROVE DEMOTION REQUEST — SUZANNE DIETER In a letter to the Board, Chief Darryl Boykins requested the Board honor the request from Sergeant Suzanne Dieter that she be demoted to the rank of Patrolman First Class effective November 16, 2011. Chief Boykins stated in his letter the request for demotion to Patrolman in the Investigative Division was made to take a job in the Uniform Division as a Patrol Officer. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the requested demotion was approved effective November 16, 2011. ACCEPT AND APPROVE APPLICATION FOR DISABILITY BENEFITS — RAY WOLFENBARGER In a letter to the Board, Chief Darryl Boykins, submitted the Application for disability benefits for Sergeant Ray Wolfenbarger. Chief Boykins noted that Sergeant Wolfenbarger is retiring from the Police Department, effective December 16, 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the disability benefits were approved effective December 16, 2011. FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING -- JULY AUGUST AND SEPTEMBER 2011 Captain David Hecklinski, Director of Training, South Bend Police Department, submitted to the Board a written Quarterly Report for Specialized Training for the period of July, August and September, 2011. 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 MONTHLY STATISTICAL ANALYSIS REPORT — OCTOBER 2011 Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of October, 2011, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: OCTOBER OCTOBER YEAR TO DATE PART I OFFENSES 2010 2011 CHANGE aOl !� CHANGE MURDER 0 0 0 4 7 3 RAPE 7 3 - 4 46 52 6 ROBBERY 31 34 3 286 332 46 AGGRAVATED ASSAULT 30 22 - 8 297 235 - 62 BURGLARY RESIDENT 145 164 19 1435 1383 - 52 BURGLARY NON RESIDENT 43 52 9 428 502 74 LARCENY 337 299 MOTOR VEHICLE THEFT 16 - 38 2868 2912 44 16 ARSONS 5 0 261 267 6 7 GRAND TOTAL 614 597 2 - I7 43 38 5668 5728 - 5 60 ADOPT RESOLUTION NO.78 -2011— ESTABLISHING THE 2012 HOLIDAY SCHEDULE FOR THE SOUTH BEND POLICE DEPARTMENT Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO, 78 -2011 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE 2012 HOLIDAY SCHEDULE FOR THE SOUTH BEND POLICE DEPARTMENT REGULAR MEETING NOVEMBER 16 2011 61 WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, is empowered by law to establish rules and regulations for the South Bend Police Department: and WHEREAS, it is in the interest of the City of South Bend that the Police Department holidays be set with certainty. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety ofthe City of South Send: SECTION 1. That for all sworn police officers who are assigned to work as their regular schedule, 5 on and 2 off, Monday through Friday, the following holidays shall apply: New Years Day (Observed) Good Friday Memorial Day Independence Day Labor Day Veterans Day (Observed) Thanksgiving Day Day after Thanksgiving Christmas Day Officer's Birthday Monday, January 2, 2012 Friday, April 6, 2012 Monday, May 28, 2012 Wednesday, July 4, 2012 Monday, September 3, 2012 Monday, November 12, 2012 Thursday, November 22, 2012 Friday, November 23, 2012 Tuesday, December 25, 2012 Floating SECTION II. That for all sworn police officers who are assigned to work their regular work schedule, 6 days on and 3 days off, there shall be no paid holidays. The following dates are designated as critical duty days: New Years Day Memorial Day Independence Day Thanksgiving Day Christmas Eve Christmas Day New Years Eve Sunday, January 1, 2012 Monday, May 28, 2012 Wednesday, July 4, 2012 Thursday, November 22, 2012 Monday, December 24, 2012 Tuesday, December 25, 2012 Monday, December 31, 2012 SECTION III. Officers assigned to the South Bend Community School Corporation shall, while so assigned, follow the holiday schedule set by the South Bend Community School Corporation for its clerical employees. Officers so assigned shall be eligible for Critical Duty Day pay only if assigned to the Uniform Division and otherwise eligible. ADOPTED this 16th day of November, 2011 BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, Member s /Eddie L. Miller, Member s /Bruce J. BonDurant, Member s /Laura A. Vasquez, Member s /John Collins, Member Attest: s/Linda Martin, Clerk APPROVE REMOVAL FROM SOUTH BEND POLICE DEPARTMENT TOWING LIST —BEST WAY TOWING Mr. Bodnar stated he is including with his Memo to the Board a copy of the e -mail from Lt. Stephen Goen confirming that Best Way Towing did not refund overcharges to customers, as required by the REGULAR MEETING NOVEMBER 16 2011 62 Legal Department of the City. Also included is a copy of a letter sent to Best Way on October 7, 2011 instructing them to refund the overcharges within thirty days. Mr. Bodnar noted it is the Board of Safety's prerogative to remove the company from the City towing list, if that is what they decide. Upon a motion by Ms, Vasquez, seconded by Mr. Collins and carried, the Board approved the removal of Best Way Towing from the City Police Department Towing List, effective today, November 16, 2011. FIRE DEPARTMENT FILING OF TRAVEL AND TRAINING EXPENSE REPORT — MAY THROUGH SEPTEMBER 2011 Fire Chief Howard Buchanon presented the Travel and Training Expense Report for the Fire Department for the months of May through September 2011 for filing. The report details the expenses entailed for travel and training during those months. There being no further questions, the Board accepted the report for filing as presented. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — OCTOBER 2011 Fire Chief Howard Buchanon submitted to the Board the monthly report for the month of October 2011 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. A summary is as follows: October October 2010 2011 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $150,650.00 $194,700.00 INSPECTIONS (Fire Prevention /inspection Bureau) 302 Inspections 151 Inspections 1 16 Re-Inspections 98 Re -Ins ections INVESTIGATIONS (Police /Fire Arson Bureau) 22 36 Investigations Investigations 5 7 Arsons Arsons ADOPT RESOLUTION NO. 79-2011 W-- ESTABLISHING THE 2012 HOLIDAY SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT Upon a motion by Mr. BonDurant, seconded by Mr. Miller and carried, the following Resolution was approved by the Board of Public Safety; RESOLUTION NO. 79 -2011 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE 2012 HOLIDAY SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, is empowered by law to establish rules and regulations for the South Bend Fire Department; and WHEREAS, it is in the best interest of the City of South Bend that the Fire Department holidays be set with certainty. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend: SECTION I. That all firefighters who work 24 -hour shifts are not entitled to holidays off, SECTION II. That for all firefighters who work. 24 -hour shifts, Critical Duty Days are as REGULAR MEETING NOVEMBER 1_ 5z 2011 63 set forth in Article 25 of the Collective Bargaining Agreement for the year 2010, which is in force in 2012 per Article 33 of the Agreement. SECTION III. That all firefighters who are assigned to work a four or five day work week, shall have $0 office hours of holidays, and the following holidays shall apply: New Year's Day (Observed) Good Friday Memorial Day Independence Day Labor Day Veteran's Day (Observed) Thanksgiving Day Day after Thanksgiving Christmas Day Monday, January 2, 2012 Friday, April 6, 2012 Monday, May 28, 2012 Wednesday, July 4, 2012 Monday, September 3, 2012 Monday, November 12, 2012 Thursday, November 22, 2012 Friday, November 23, 2012 Tuesday, December 25, 2012 A Holiday of the Employee's Choosing, Subject to Supervisor's Approval. Adopted this 16th day of November, 2011. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Patrick D. Cottrell, Member s /Eddie L. Miller, Member s /Bruce J. BonDurant, Member s /Laura A. Vasquez, Member s /John Collins, Member Attest: s /Linda Martin, Clerk RESCHEDULE DECEMBER BOARD OF SAFETY MEETING Mr. Cottrell informed those present that the Board has agreed to reschedule their December meeting, originally scheduled for December 21, to December 14, 2011. PRIVILEGE OF THE FLOOR Officer Britton Odle thanked the Board for taking the time to listen to her. Mr. Cottrell requested she address the Board for no more than three (3) minutes. Ms. Odle stated she has been on the Police Department for fifteen (15) years and in that time has had only two (2) letters of discipline placed in her file, both for minor traffic accidents. She stated she considers herself a role model to her four (4) children as well as to the Police Department. Ms. Odle stated when she went away for training; she was away from her husband and children for over a month. She noted it was very stressful on her and her family. On top of a very difficult school that required hours of study at night, six tornados hit the area in one day. Ms. Odle stated her class was recruited for search and rescue. When she was called back home, she stated her only focus was on reconnecting with her children and husband. She noted her children had a very difficult time with her being away for so long. She explained that the stress of the situation was the cause of her clerical mistake; it was a mistake and she takes full responsibility. She asked the Board for leniency, noting she has worked hard to raise her children and in her career. She stated the financial loss will take a toll on her family. Finally, Ms. Odle stated she will continue to serve the Police Department the best she can and will work hard to regain the trust of Chief Boykins, ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 9:32 a.m. REGULAR MEETING ATTEST: Li da M. Martin, Clerk NOVEMBER 16, 2011 64 BOARD OF PUBLIC SAFETY Patrick D. Cottrell, Member Bruce J BonDurant, Member Laura A. Vasquez, Me e Eddie Miller, Member Joh C Bins, Member