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PRESS RELEASE
Date: Monday, May 21, 2012
From: Council Vice - President Oliver J. Davis SACognta:6 -69 8.
on behalf of the undersigned Council Members
Re: REQUEST TO THE SOUTH BEND CITY ADMINISTRATION
"Council Makes Inquiries on Policies Procedures and Protocols Addressin
Phone Calls and Recordings "
As the Vice - President of the South Bend Common Council, I am releasing a copy of the attached memo sent
to Mayor Buttigieg, Police Chief Hurley and Police Division Chief Horvath earlier today. This memo was
signed by concerned South Bend Council Members.
The Council, like other city entities, are governed by local rules of procedure, as well as local ordinances,
and state and federal laws. In the interest of obtaining clarity and transparency, the Council Members who
signed the attached memo are requesting information in light of the thousands of incoming and outgoing
calls made to the South Bend Police Department last calendar year. We are requesting that the City
Administration will address each of these inquiries next Tuesday, May 29th, at the Information and
Technology Committee meeting:
1. What protocols were in place prior to March 29, 2012, the date of the Mayor's press release
referenced above, to order to maintain and protect the integrity of all calls and recordings?
2. What protocols were instituted after March 30, 2012, in order to maintain and protect the integrity of
all calls and recordings?
3. Are all records for the calls listed in the Police Department Annual Report for 2011 in existence
today? If not, what were the policies, procedures and protocols used to redact, expunge or destroy
such records?
4. On March 29 "' or thereafter, have there been any city employees inquiring to listen to any recordings
which are referenced in the Police Department's Annual Report? If yes, whom and what policies,
protocols or procedures were followed? What records are available to access such information?
5. What city phone lines other than those in the public safety departments are recorded? If there are
such recordings, what are the protocols, policies and procedures?
The inquiries we are making are consistent with the City Council's Mission Statement: "To make certain
that our City Government is always responsive to the needs of our residents & that the betterment of South
Bend is always our highest priority ". Thank you.
Memorandum
Date: May 21, 2012
To: Mayor Pete Buttigieg
Police Chief Charles Hurley
Division Chief Gary Horvath
From: The Undersigned Members of the South Bend Common Council
Re: Policies, Procedures and Protocols Addressing Calls and Recordings
Since March 29"' when the Mayor's News Release titled "Boykins Resigns Post as Police Chief' was
released, the South Bend Common Council has been patiently and professionally monitoring information
it has received from the Mayor's Office and that which has been reported in the various news outlets.
Last Friday, the Mayor met with representatives from the Rainbow PUSH Coalition. The news media
reported that the Mayor will join Rainbow PUSH representatives "...in calling on the U.S. Department of
Justice to look into the content of the recordings ".
In light of Friday's Mayoral announcement, the undersigned members of the Common Council believe
that inquiries must be made to preserve the integrity and viability of the process and give clarity to those
who have chosen to be part of the city workforce. This becomes a heightened concern in light of the
latest Police Department Annual Report filed by the Mayor's Office on May 8, 2012 which reported that
in 2011 there were:
• 90,484 9 -1 -1 telephone calls received
79,063 Police Department administrative calls received
• 44,944 Police Administrative outbound calls
and that under the heading "Front Desk. Police Reports & Other Services to the Public" it listed:
"Primary Call Takers for Police Administrative Telephone Lines
19.5 % of all `Code 2' Police Reports taken (3,438 out of 17,568)
The process of receiving, screening and prioritizing the various calls for police service and of dispatching
police units must be a smooth - flowing operation in order to address the needs of our citizens. The process
of maintaining records of each of the calls listed in the most recent Police Department Annual Report
must have protocols addressing roles of responsibility and authority, so that there is transparency and
accountability. It is in that interest, that the undersigned Council Members request the following
preliminary information:
What protocols were in place prior to March 29, 2012, the date of the Mayor's press release
referenced above, to order to maintain and protect the integrity of all calls and recordings?
2. What protocols were instituted after March 30, 2012, in order to maintain and protect the integrity
of all calls and recordings?
Memo Inquiring About Policies, Procedures and Protocols Addressing Calls and Recordings
May 21, 2012
Page 2
3. Are all records for the calls listed in the Police Department Annual Report for 2011 in existence
today? If not, what were the policies, procedures and protocols used to redact, expunge or destroy
such records?
4. On March 29th or thereafter, have there been any city employees inquiring to listen to any
recordings which are referenced in the Police Department's Annual Report? If yes, whom and
what policies, protocols or procedures were followed? What records are available to access such
information?
S. What city phone lines other than those in the public safety departments are recorded? If there are
such recordings, what are the protocols, policies and procedures?
The Council's Information and Technology Committee was scheduled to receive an update on "City
upgrades to website and city phone system" from the City Administration on April 23, 2012.
However, in light of the length of other Standing Committee meetings on that date and at the May 14t"
meeting, this committee is to be re- scheduled to May 29th. With Dr. Varner's permission, who chairs
this Standing Committee, an update on all of the items addressed in this memo would be appreciated.
The potential for loss of information, especially when it is part of an investigation, is important and
not unprecedented in South Bend. Several years ago, allegations were made of missing data and
whether it was lost or destroyed under former Police Chief Darrell Gunn.
The Council is well aware of the fact that Indiana state law has empowered it with various
investigative powers. The Council has judiciously withheld using these powers to date, in order to
allow the City Administration to inform the public and the legislative branch of City government.
Repeated requests from the public are continuing to be received by the Council. Details and clarity are
welcomed from you.
Most sincerely,
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