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HomeMy WebLinkAbout03/21/12 Board of Public Safety MinutesPUBLIC AGENDA SESSION MARCH 21 2012 17 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, March 21, 2012 in the Board of Works Conference Room, Ste. 1308, County -City Building, South Bend, Indiana, with Board President Patrick D. Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Darryl Boykins, Fire Chief Stephen Cox, and Board Attorney Andrea Beachkofsky. 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 the agenda: - Request for Demotion — Police Department Ms. Beachkofsky stated she would be requesting this item be tabled until a later date. - Finding of Facts --- Fire Department Ms. Beachkofsky stated these Findings of Fact are a follow -up to the Board's approval at their January 26, 2012 meeting of former Fire Chief Howard Buchanon's Charges against Anthony Schlelske. Chief Stephen Cox stated Firefighter Schelske has not started serving his time yet; they have been waiting for the Findings of Fact to be approved and signed. - Promotions to Captain in Special Assignment --- Fire Department Fire Chief Stephen Cox stated these three promotions are to fill vacancies from two promotions and a retirement within the Fire Department. - Monthly Statistical Analysis — Fire Department Fire Chief Stephen Cox stated there is an error in the Statistical Analysis in the Investigation Division section. He noted the statistics summary= states there were four (4) arsons, when in fact there were none. He noted the report attached shows there were no arsons, and this was probably a typographical error. Chief Cox stated he would have his secretary forward a corrected report. ADJOURNMENT There being no further business to come before the Board, Ms. Beachkofsky declared the meeting adjourned at 8:11 a.m. BOARD OF PUBLIC SAFETY n Collins, Member ATTEST: Luther Taylor, tuber inda M .Martin, Cler EXECUTIVE SESSION MARCH 21 2012 The Board of Public Safety met in the Executive Session on Wednesday, March 21, 2012 at 8:15 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)(6)(A) and 7 regarding Disciplinary action and extended Medical Leave. Board Members Patrick Cottrell, Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present. Also present were Police Chief Darryl Boykins, Fire Chief StephenCox, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting PUBLIC AGENDA SESSION adjourned at 9:14 a.m. ATTEST: gida M. Martin, Clerk MARCH 21, 2012 18 BOARD OF PUBLIC SAFETY I� A. Vasquez, Member r � j Eddie Miller, Jolk Collins, Member 4 _ Luther Taylor; Member REGULAR MEETING MARCH 21, 2012 The Board of Public Safety met in the regular meeting at 9.19 a.m. on Wednesday, March 21, 2012, in the Board of Works Conference Room, Ste. 1308, County City Building, South Bend, Indiana, with Board President Patrick Cottrell, Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Darryl Boykins, Fire Chief Stephen Cox, and Attorney Andrea Beachkofsky, President Cottrell stated he would start with the Fire Department first, going out of order of the agenda, if there were no objections, due to the number of people present for the Fire Department promotions. ACCEPT MINUTES OF PREVIOUS MEETINGS President Cottrell stated if there were no objections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held. on February 15, 2012 as presented. FIRE DEPARTMENT APPROVE ASSIGNMENTS TO CAPTAIN IN SPECIAL ASSIGNMENT — TONY NANTA JOSEPH WAGNER AND BRAD FUELLING_ In a letter to the Board, Chief Stephen Cox recommended that in accordance with the promotion policy established by the South Bend Fire Department and Local 362, Firefighter Tony Nania, Joseph Wagner, and Brad Fuelling be assigned to the rank of Captain in Special Assignment in the Fire Suppression Division effective March 21, 2012. Chief Cox stated in his letter that Firefighter Nania was sworn on the department on March 29, 1995; Firefighter Wagner was sworn on the department on January 9, 1999; and Firefighter Fuelling was sworn on the department on December 8, 1997. Upon a motion made by Mr. Miller, seconded by Mr. Taylor and carried, the recommended promotions to Captain in Special Assignment were approved. Fire Chief Stephen Cox pinned the badges on the Captains and the Board of Safety members joined the Chief in congratulating them. APPROVE AND ENTER FINDINGS OF FACT --- CHARGES NO. 2012-01 —TONY SCHELSKE Mr. Cottrell stated in a letter to the Board, Firefighter Schelske accepted his Charges and did not request a Hearing. Ms. Beachkofsky presented Findings of Fact regarding Charges 2012 -01 to the Board stating that Firefighter Schelske be suspended without pay from the South Bend Police Department for a period of nine (9), eight (8) hour days without pay, and removed from his assignment to the rank of Captain in Special Assignment effective January 18, 2012. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Findings of Fact regarding Charges 2012 -01 were approved. REGULAR MEETING MARCH 2.1, 2012 19 ACCEPT AND APPROVE RETIREMENT -- JOHN MEHALL President Cottrell advised that Fire Chief Steve Cox has submitted to the Board the Application and Declaration for Retirement for Pump Engineer John Mehall effective March 10, 2012. In his letter to the Board, Chief Cox noted that Engineer Mehall has served the Department with loyalty and distinction during the Iast thirty -three (33) years, and ten (10) months. Chief Cox joined the Board in thanking him for his commitment, dedication, and years of distinguished service to the South Bend Fire Department and the citizens of South Bend. Upon a motion made by Mr. Miller, seconded by Mr. Taylor and carried, the retirement was accepted and approved effective March 10, 2012, FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — FEBRUARY 2012 Fire Chief Steve Cox submitted to the Board the monthly report for the month of February 2012 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. Chief Cox stated he would like to make note that there were ten (10) house fires for the month, an incredibly low amount. The monthly summary states that four (4) were arson, but that is not correct. He noted the attached report correctly states that four (4) were accidents and six (6) are still under investigation. He stated a corrected summary was forthcoming showing the followin numbers February g February 2011 2012 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $120,000.00 $126,201.01 INSPECTIONS (Fire Prevention/Inspection Bureau) 456 Inspections 367 Inspections 150 Re-Inspections 130 Re-Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 18 10 Investigations Investigations 4 0 Arsons Arsons Chief Cox further stated that the number of EMS calls have been steady, averaging 1,000 a month. He noted that is an excessive amount for only four (4) ambulances to handle. Chief Cox stated when compared to other cities the same size like Lansing, Michigan, which also has a University present, the average is five (5) ambulances. POLICE DEAPARTMENT FILING OF CHARGES 2012 -02 — CHRIS BORTONE In a letter to the Board, Police Chief Darryl Boykins requested the Board place Private First Class Chris Bortone on a fifteen (15) calendar day suspension from duty without pay and a letter of reprimand to be placed in his file. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommendation was approved and the following Charges were approved to be served upon PFC Bortone. FACTUAL ALLEGATIONS On Thursday, December 15, 2012 at approximately 1:47 a.m., a dispatch of a burglar alarm went out at Western and Mayflower. Upon units arriving, the front door glass was found to be punched out and the door of the business unlocked. At this time, dispatch attempted to contact PFC Chris Bortone by unit number several times with no response. Eventually PFC Bortone responded when called by his PN. Sergeant Barr contacted the dispatch center and requested PFC Bortones location. Dispatch advised Sergeant Bair that PFC Bortone was in Mishawaka. PFC Bortone upon being called to the supervisor's office and asked why he was on the East Side, stated that he went to his home located in Candlewood Apartments East of Hickory and Edison. PFC Bortone did call signal 2 at 1:19 a.m. PFC Bortone stated he sent an MDT message (email) to Lieutenant Lancaster advising him of his trip home. No message was found on Lieutenant Lancaster's computer which was functioning properly. No other supervisor was aware of the trip to his residence. Please note that PFC Bortone was given signal 2 at 1:19 a.m. and put back into service at 1 :49 a.m. but was still at his residence at 1:53 a.m. On Wednesday, December 7, 2011, at approximately 2:30 a.m., dispatch advised Sergeant Moryl REGULAR MEETING MARCH 21 2012 20 that PFC Bortone was at his residence in Mishawaka. Let it be noted that earlier in the fall of 2011, PFC Bortone had concerns that his wife's ex- husband was being released from prison and that he may come to the apartment during Bortone's work hours. There was a period of time (two or three rotations per Captain Rynearson) that the supervisors did allow PFC Bortone to go check on his residence. However after those rotations PFC Bortone was advised that he was not to go home unless he had an emergency and received permission from a supervisor. He was also told to contact Mishawaka Police under those circumstances. PFC Bortone caused an officer safety issue by not being close to his assigned beat and failed to receive permission from a supervisor prior to leaving the city. CHAR(iF.0 COUNT 1[. On December 15, 2012, Bortone failed to notify his supervisor, or someone else in authority, before leaving his duty station or beat and traveled to Mishawaka on a personal matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(7)of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. COUNT 11. On December 15, 2012, Bortone, failed to promptly obey all orders of a superior or orders given via police radio by failing to respond to call in a timely matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(13) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. COUNT 11110. On December 15, 2012, Bortone, failed to remain at his assignment and on duty and was not properly relieved or dismissed by a supervisor before traveling to Mishawaka on a personal matter. This action reflected unfavorably upon him and upon the South Bend Police Department. This was a violation of Rules (A)(45) of the South Bend Police Department Duty Manual Section 302.00 and was conduct unbecoming a police officer. APPROVAL OF SPECIAL POLICE COMMISSION - Jack Ruscoe Police Chief Darryl Boykins recommended that a Special Police Commission for the Block by Block on- street patrol parking enforcement be issued effective March 21, 2012, until revoked, for the above referred to individual. These Commissions are issued for on- street patrol parking enforcement personnel and they do not include the carrying of a weapon or the powers of arrest. The aforementioned individual has met the Commission requirements of the South Bend Police Department. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Special Police Commission was approved. TABLE REQUEST FOR DEMOTION — JAMES WALSH In a letter to the Board, Police Chief Darryl Boykins requested the Board demote Sergeant James Walsh from the rank of Sergeant to Patrolman First Class, and a letter of reprimand be placed in his personnel file. President Cottrell noted that Legal has asked to table this request until further review. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommendation was tabled until further review. ACCEPT AND APPROVE RESIGNATION — FRANK BEIGELBECK In a letter to the Board, Chief Boykins advised he is in receipt of a letter of resignation from Patrolman Frank Beigelbeck in which he tenders his resignation from the South Bend Police Department, effective April 5, 2012. Chief Boykins stated in his letter, that Patrolman Beigelbeck was sworn on the South Bend Police Department on April 21, 2003. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins carried, the resignation was accepted and approved. APPROVE REVISED DUTY MANUAL CHANGES In a letter to the Board, Police Chief Darryl Boykins presented a revision to General Order Traffic Crashes, Section E., Part 11, Hit and Run Investigations. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the revised changes to the Duty Manual were approved. REGULAR MEETING MARCH 21 2012 21 FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — FEBRUARY 2012 President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of February 2012, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: FEBRUARY FEBRUARY YEAR TO DATE PART I OFFENSES 2011 2012 MURD E R CHANGE CHANGE RAPE 0 3 2 + 2 0 4 + 4 ROBBERY 15 5 13 + - 2 2 11 48 30 - 18 AGGRAVATED ASSAULT 15 12 - 2 36 BURGLARY RESIDENT 73 65 - 8 196 24 - 12 BURGLARY NON 169 - 27 RESIDENT 23 30 + 7 51 78 + 27 LARCENY 198 199 + 1 407 396 - 11 MOTOR VEHICLE THEFT 13 19 + 6 30 39 + ARSONS 4 0 - 4 6 0 9 GRAND TOTAL 343 345 + 2 785 748 6 - 37 PRIVILEGE OF THE FLOOR Ms. Francesca Hrezo, ASAP Towing, asked if the new Resolution has been done with the new regulations for the City Towing List. Ms. Beachkofsky stated this has been a very busy month and it all takes time to review. She stated Ms. Hrezo provided her with numbers and she received reports on numbers from other sources, and it's a lot to go through that will take more time. Ms. Hrezo questioned if she could give her an estimate how much more time. Ms. Beachkofsky stated there are a lot of more important issues she is dealing with right now and she can't give her an estimate, but will contact her when it is complete. She noted she has Ms. Hrezo's contact information. Ms. Beachkofsky stated when the resolution is complete, she will provide it to the Board and it will go on the agenda, which is published and available to view. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 9:49 a.m. BOARD OF PUBLIC SAFETY Patrick D;"Cottrell, President Laura A. Vasquez, Member Eddie Miller, Member .Igln Collins, Member a� Z- Luther Taylor, Member ATTEST: L' da M. Martin, Ierk