04/25/12 Special Meeting Board of Public Safety Minutes

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SPECIAL MEETING APRIL 25, 2012 28 The Board of Public Safety met in a Special Meeting at 8:08 a.m. on Wednesday, April 25, 2012 with Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Charles Hurley and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. POLICE DEPARTMENT DENY REQUEST FOR HEARING — MEREDITH HANLEY In a letter dated January 3, 2012, former Chief Darryl Boykins found Patrolman Meredith Hanley to be in violation of the South Bend Police Department Duty Manual, Section 302.00(A)(1)(20)(28)(41) entitled Rules of Conduct. For the violation cited pertaining to her actions, Chief Boykins issued a five (5) day suspension from duty without pay, and a letter of reprimand to be placed in her personnel file. Subsequently on March 13, 2012, Patrolman Hanley sent a letter to the Board of Safety, the Board's attorney, and the Mayor, requesting a Hearing of her discipline. Today was the date set for a Special Meeting to allow Patrolman Hanley to address the Board regarding her request for a hearing of her discipline. Patrolman Hanley stated she has still not received a copy of her discipline letter from the Chief. She stated she is passionate about her job and has never been insubordinate. She explained that on December 26, 2011, there was a shooting that involved three police officers, none of who were veterans or have had much experience with a situation like this before. She stated after the shooting the officers gave their statements and were issued new weapons. She stated the normal procedure is to then be put on Administrative Leave until a psychological evaluation can be completed. Patrolman Hanley noted the normal time for the Leave is three (3) days. Patrolman Hanley stated she was shocked and concerned that the officers were called in to report to duty the next day. She noted she was told they were given the option of taking time off, but asked to report to duty. One of the officers was new and did not want to appear weak and told Patrolman Hanley she was angry that she felt she had to be there. Patrolman Hanley stated she was worried about the emotional stability of the officers, and the public's safety. She stated she was told it came from the Chief's office. Ms. Hanley stated she told the Chief it wasn't right, that was not the policy of the Duty Manual. Mr. Cottrell stated he needed to remind her that this was not a hearing; the only thing the Board is looking at today is to determine if they should approve a hearing for her discipline. He added that she should remember that everything she is stating is being recorded and is public record. She stated she was aware of that. Ms. Beachkofsky reiterated that this is not a hearing; this is only to determine if she should have a hearing. Ms. Hanley stated she understood that. She continued on to state that when she went to the Chiefs office to question him about the policy violation and her concerns, it was not done in a foul way. When she was told the officers were told they didn't have to report to duty, she used the "f' word in the presence of the Chief and his secretary. Patrolman Hanley stated she understands that it was inappropriate, but she feels that five (5) days off is excessive. She noted she went to the Chief out of good conscience and knowledge of policy and duty manual. She stated she feels passionate about her job, the City, and her fellow officers. She stated she realizes the "f' word is not appropriate and she apologized to the Board for using it, but she asked them to reconsider her discipline. Ms. Beachkofsky stated that all the Board can do today is determine whether they want to have a hearing. Detective Scott Hanley stated there are a number of policies violated by the City administration in this situation. He stated they failed to supply a copy of the charges to Patrolman Hanley; the officers were not put on administrative leave; and the shooting was not investigated fully; all violations of the Duty Manual. Ms. Vasquez asked to confirm that the Chief is allowed to give five (5) days off. Ms. Beachkofsky stated the Chief is allowed to give a maximum of five (5) days. An officer is allowed to request a hearing from the Board, but the process is different in that the Board can only decrease the five (5) days, not increase it. Mr. Collins questioned if the department has perimeters in place for a situation such as this. He questioned where the FOP, or the Captain, Lieutenant, or Sergeant on that detail was. He noted that is who should have been approached by Patrolman Hanley, and had they gone to the Chief, the situation would have been formally reviewed. Mr. Collins questioned if it happens again, where are the perimeters. Ms. Beachkofsky stated no one is arguing about the passion or how it was handled in the Chief s office, but that is an entirely different issue. She noted the Board could be asked to look into the Duty Manual procedure and whether it was followed. Patrolman Hanley stated she spoke to