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Home My WebLink About05-29-12 Answers NeededTR PRESS RELEASE Date: Tuesday, May 29, 2012 11 a.m. - �x From: 2nd District Council Member Henry Da is, a Contact: 315 -4112 I't District Council Member Tim Scot act: 235 -5980 "ANSWERS NEEDED" In light of the City Council learning, again through the news media, that a South Bend police officer has been allegedly threatened by the Commander of the St. Joseph County Metro Homicide Unit, we and other members of the Council are looking for leadership and answers. To date, the Council has heard absolutely nothing from either Chief Hurley or Mayor Buttigieg about this alleged incident involving one of our police officers who is a city employee being verbally threatened. We will be asking the entire Common Council to take the steps necessary to begin an investigation. We find it most curious that the only quote in the news media was from the St. Joseph County Prosecutor's Office. Mr. Dvorak is quoted as saying that his office would investigate. We find it even more curious that according to the City's police website it states that the: "...Commander, who is a retired police officer and [is] an employee of the Prosecutor's Office" and therefore by the very fact that he works for the County Prosecutor, how can this not be a conflict of interest? We are questioning the practices of the Prosecutor's Office and believe that a special prosecutor may be more appropriate to assure that there is a fair and independent investigation. We would be much more comfortable if an unbiased, neutral investigation takes place. This is not the first time that the head of Metro Homicide has been accused of making threats. There was a incident back in the Summer of 2006. Allegations were made that the Metro Commander and others traveled to Michigan and allegedly threatened a contractor. The Metro. Commander received at least a day off for taking such inappropriate actions. (See: July. 20, 2006, August 2, 2006-and Aucust 3, 2006 South Bend Tribune articles attached) As elected public officials representing the citizens of South Bend, we cannot tolerate any city employee being threatened. If police officers, who are trained professionals can be threatened without the assurance that they are entitled to neutral and impartial investigations, with appropriate disciplinary May 24, 2012 "Answers Needed" Press Release -- page 2 action taken if found to be running afoul of policies and procedures, what would happen if a South Bend resident is threatened? We continue to hear rumors that there may be other South Bend Police Officers who have been allegedly threatened, but are hesitant to step forward for fear of retaliation. We believe that this kind of behavior, if true, is very detrimental to our city and cannot be tolerated. The citizens of South Bend need to have confidence in our police department, as well as all individuals who are working for our community. We reviewed Mayor Buttigieg's Executive Order which created an Ethics Code. We also reviewed the City of South Bend's Policies and Procedures. We did not see a specific policy addressing protections for whistle - blowers and/or policies which prohibit retaliation against elected public officials or city employees. If the City does not have such policies, it appears we should. We are aware that employees of the State of Indiana have protections (See IC § 4- 15 -10 -4 attached). We will exercise leadership locally and look into this further under the governing state law provisions set forth in IC § 36 -1 -8 -8 (copy attached). We also note that the U.S. Office of Special Counsel (OSC) is the "independent federal investigative and prosecutorial agency" under the federal Whistleblower Protection Act, which again underlines the need for a neutral and independent review that is in place at the federal level. We plan to be available at 3 pm today in the Council Chambers to address this further. We also plan to discuss these growing concerns with the entire Council later this afternoon. Our residents and all of our city employees deserve nothing less. 111.113.1.1 Chief homicide officer delivers message to contractor - South Bend Tribune: Archives Pagel of 3 Chief homicide officer delivers message to contractor; He apparently was sent by developer to suggest disputed items be returned. South Bend Tribune - South Bend, Ind. Author: NANCY J. SULOK Date: Jul 20, 2006 Start Page: 1 Section: Local Text Word Count: 992 Document Text Tim Corbett, St. Joseph County's chief homicide detective, paid a visit to a local contractor on July 13 to urge him to return disputed property related to work left undone at a downtown job site. Although he was wearing a badge and carrying a gun, Corbett told the contractor he was not there in his official capacity, but on behalf of a focal businessman. Tim Corbett? The commander of the County /Metro Homicide Unit? What in the heck was he doing interfering in what might be a civil disagreement? Is that part of his job? Was it intimidation? Abuse of authority? Maybe. Maybe not. Here's the story. Mark Price, owner of ThermoTech Services Inc., says the developer of a planned downtown restaurant owes him $950,000 for work he completed and materials he bought. Robert Urbanski, who is trying to help the restaurant's owner finish the work, says his figures show that Price actually was overpaid. He insists Price must return some materials so the work can be completed. Price had started work in June 2005 on the Noma lounge and restaurant at 119 N. Michigan St. It was to be done in September, then the date was moved back to October, then to January, then to March. On July 5, Urbanski fired Price, who said he packed up his belongings and left. Urbanski said when Price left the job site the final time, he took truckloads of things needed to finish the work. In dispute were a revolving door, a special heater for the kitchen, a custom -made bathroom sink and other items. Price said he paid for those out of ThermoTech's checking account and was not reimbursed. He has the canceled checks to prove it. Urbanski said Price was paid for everything, and he also has checks to prove it. He accused Price of stealing the materials. It sounds like a civil dispute, one that might end up in court. But earlier this month, Urbanski said, he called Joseph F. Nagy, who handles budget matters in the prosecutor's office, to get advice. Urbanski and Nagy are longtime political buddies and also served together on the board of the failed Sobieski Bank. Nagy, of course, is a number- cruncher, not a lawyer. He has bounced from job to job to job in local government, including the jobs of sheriff and auditor. Nagy suggested that he talk to Corbett. When he did, Urbanski said, Corbett agreed to pay Price a visit. At about 11:15 a.m. on July 13, Corbett showed up at a job site on the city's southeast side and asked Price to step outside to talk. http:// pqasb. pgarchiver. com /southbendtribune /acce,ssI11223 03 711.html ?FMT= FT &FMTS... 5/29/2012 Chief homicide officer delivers message to contractor - South Send Tribune: Archives Page 2 of 3 Price, a Dowagiac resident, said he didn't know who Corbett was, but he was wearing a badge and carrying a gun. The man introduced himself, but Price said the name didn't register with him immediately. Corbett told him he wasn't there in an official capacity, but just as a favor to Urbanski, who wanted Price to return some materials to the Noma work site. Price said he told Corbett he didn't owe Urbanski anything. Price said Corbett told him that Urbanski wanted to send someone to Price's warehouse to try to point out the materials that belong to Noma. Instead, Price said, he asked Corbett to provide a list of the items in dispute. Corbett said he would get the list and deliver it to Price the next day, Price said. That never happened, he added. "The man said he's just trying to do me a favor," Price said. Corbett told him, he said, that he was trying to help Price avoid going to jail. Corbett did not return four telephone messages left for him over three days at the Metro Homicide Office. Nagy also did not return two telephone messages left for him on Wednesday. Prosecutor Michael Dvorak, who is the boss of both Corbett and Nagy, said he has asked both men to give him written reports about their involvement in the case. He said it's not unusual for police officers or investigators from his office to pay a visit to a party involved in such a disagreement. When ownership is in dispute, the police sometimes suggest that the property be returned to the person claiming ownership and that the quarreling parties let a civil lawsuit resolve the argument. But the head of the homicide unit? Dvorak repeated that he will ask Corbett why he got involved in the case. Price said he was frightened by Corbett's visit, especially since the officer was carrying a gun. The next day, he said, he called Urbanski to complain, and Urbanski suggested he talk to Dvorak. Instead, Price went to the county police to file a complaint against Corbett. He talked to John Botich, assistant chief of administration. Botich said he gave Price a form to fill out. Price left, he said, but has not returned so far to file the complaint. Price said he plans to file it today. As for Urbanski, he sees nothing wrong with calling Nagy or with Corbett's visit to Price. People "use the network they have," he said. "I'm grateful for what the prosecutor's office did to try to help us get stuff back," Urbanski said. Nancy J. Sulok's columns appear on Sundays, Mondays and Thursdays. You can reach her at nsulok @sbtinfo.com, or by writing c/ o South Bend Tribune, 225 W. Colfax Ave., South Bend, IN 46626, telephone (574) 235 -6234. [Illustration] Caption: Robert Urbanski talks on his cell phone outside Noma, an Asian fusion restaurant scheduled to open this fall in downtown South Bend. Urbanski said he is in the process of buying the building at 119 N. Michigan St. and will lease it to the owner of the restaurant/lounge. Tribune Photo /MARCUS MARTER Coming Sunday Construction of the new Noma restaurant has been plagued with problems since it began in June 2005. Nancy J. Sulok's Sunday column will look at the issues that have kept it from opening_; Photo: c Noma071806.jpeg Credit: Tribune Columnist http://pqasb.pqarchiver.com/southbendtribune/access/I 122303 711.html ?FMT= FT &FMTS... 5/29/2012 Chief homicide officer delivers message to contractor - South Bend Tribune: Archives Page 3 of 3 Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission. Abstract (Document Summary) [Joseph F. Nagy] suggested that he talk to [Tim Corbett]. When he did, [Robert Urbanski] said, Corbett agreed to pay [Mark Price] a visit. Corbett told him he wasn't there in an official capacity, but just as a favor to Urbanski, who wanted Price to return some materials to the Noma work site. Price said he told Corbett he didn't owe Urbanski anything. Robert Urbanski talks on his cell phone outside Noma, an Asian fusion restaurant scheduled to open this fall in downtown South Bend. Urbanski said he is in the process of buying the building at 119 N. Michigan St. and will lease it to the owner of the restaurant/lounge. Tribune Photo /MARCUS MARTER Coming Sunday Construction of the new Noma restaurant has been plagued with problems since it began in June 2005. [Nancy J. Sulok]'s Sunday column will look at the issues that have kept it from opening.; Photo: c_Noma0718O6 Jpeg Reproduced with permission of the copyright owner. Further reproduction or distribution is prohibited without permission http://pqasb.pqarchiver.com/southbendtribunc/access/1 12230371 I.html?FMT=FT&FMTS... 5/29/2012 Prosecutor to suspend Corbett, Nagy for Club Noma intervention - South Bend Tribune Advertisement Oriental Trading Company Official ,Site: Save on Decorations, Party Supplies, Toys and More Newt s x ».fJrrenlnl lctdii!s.wE POM Wonderful: Discover our deliciously healthy family of 100% natural pomegranate juices. 1- tlall:r sacs u -Quick Personal Loaus Pay Monthly — Limited Time Bad Credit OK — Apply Now! ti . �_ r >�_ r cn r Adohaices > 'Y Yi f Ypl! ART" lit "ILE: SUnlhli011tiTribline11oll1' -, Collation's Ads by Google Public Arrest Records see anyone's past criminal history. Unlimited searches. Peace of mind. i nstantcheckm ate, cam specialist in MSPB Appeal We Will File Your MSPB Appeal. Call Today for a Free Consultation! M e€ vi €I e,lo h nso n. co m! 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St. Joseph County Prosecutor Michael Dvorak will suspend two Recommend t1 key employees for failing to follow proper procedures in a contract dispute involving Club Noma, a local restaurant, 0 ................. Joseph)?. Nagy, chief financial officer, and Tim Corbett, commander of the Tweet County /Metro Homicide Unit, each will serve a one -day suspension from their jobs, Dvorak said. The case started when ]oval businessman Robert Urbanski called Nagy to ask if the prosecutor,& ?s office would consider filing charges against a contractor involved in remodeling a downtown business. Urbanski had fired Mark Price, and they had a dispute about ownership of building materials Nagy apparently talked to Corbett, who decided to pay the contractor a visit. Corbett, according to Price, encouraged him to return the disputed items. Ads by Gongle Advertisement POM Truth: FTC v. POM Read the ruling. See the ads. Judge for yourself. POMTruth_corn Oriental Tradinq,Cvmoany Official Site: Low Price Guarantee, Save Today at the Party Superstore! www.0 rientalTrading, com Internet Explorer cannot what you can try: Qiagnose Connection Problems F" More information The question was whether Nagy or Corbett had the authority to intervene in what might be a civil dispute. A ?In our review k? Dvorak said in a written statement, A?we concluded that this matter was not han -dled in accordance with office policies.A? Read more about this story in Thursday,&?s South .Rend Tribune. Ads by Google Humana® Insurance Plans Apply in Just 3 Easy Steps Get an Affordable Medicare Plan. www.Humana- Medicare.com Copyright Q 1994-2012 South Bend Tribune Index by Keyword I Index by Date l Privacy Policy I Terms of Service http: / /articles. southbendtribune.com/ 2006 -08 -02 /news /26967081_1 — dispute- civil- matter -pr... 5/29/2012 Prosecutor to suspend two employees - South Bend Tribune Adver€isement _. 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Nagy, Corbett accused of failing to follow proper procedures. August o3, 2oo6 i NANCY J. SUI,OK Tribune Staff Writer Page 1 of 1 SOUTH BEND -- Prosecutor Michael Dvorak will suspend two key employees for Recommend o failing to follow proper procedures in a contract dispute involving a local restaurant. Joseph F. Nagy, chief financial officer, and Tim Corbett, commander of the 0 {} County /Metro Homicide Unit, each will serve a one -day suspension from their jobs, Dvorak said Wednesday. The case started when local businessman Robert Urbansld"t called Nagy, a close friend, to ask whether the prosecutor's office would consider filing charges against a contractor involved in remodeling a downtown building. Urbanski had fired Mark Price, and they had a dispute about ownership of building materials. Urbanski accused Price of stealing the items, a charge Price denied. Nagy apparently talked to Corbett, who decided to pay the contractor a visit. Corbett, according to Price, encouraged him to return the disputed items. The question was whether Nagy or Corbett bad the authority to intervene in what might be a civil dispute. "In our review," Dvorak said in a written statement, "we concluded that this matter was not handled in accordance with office policies." Investigators in the prosecutor's office sometimes intervene in disputes to urge a settlement and avoid filing criminal charges, Dvorak said. "However," he said, "the procedure is to have the matter reviewed by a deputy prosecutor to evaluate whether intervention is appropriate." If it is purely a civil matter, he continued, the prosecutor does not become involved. If it might be a criminal matter, Dvorak said, his office might intervene to help the parties reach a solution without the need for criminal charges. "This request," Dvorak said, "was never reviewed by a deputy prosecuting attorney, and, in fact, was never submitted for an opinion." The prosecutor said he has reviewed and ratified office policies regarding the appropriate response to requests for his office to intervene. "We have discussed this matter thoroughly with the employees involved," he said, "and taken what we consider appropriate action to enforce our policies." Dvorak described the one -day suspensions as a severe punishment and noted that Nagy and Corbett have had unblemished records before this incident. Dvorak said he is not sure when the suspensions will be served. He also was unable Wednesday to say what their loss of pay would be. Neither Nagy nor Corbett could be reached for comment, and they did not respond late Wednesday afternoon to messages left on their answering machines. Staff writer Nancy J. Sulok: nsulok @sbtinfo.com (5y4) 236- 6234 Ads by Google Ask a Lawyer Online Now 24 Lawyers Are Online. Questions Answered Every 8 Seconds. Law.J ustAnswer.comlCou rt Advertisement Copyright e01994 -2012 South Boud Tribune Index by Keyword i Index byDate i Privacy Policy ( Terms of Service http:// articles. southbendtribune .com /2006 -08 -03 /news /26960501 _1 —criminal-charges-prop... 5/29/2012 Indiana Code 4 -15 -10 Page 1 of I IC 4- 15 -10 -4 Protection of employees reporting violations of state or federal laws Sec. 4. (a) Any employee may report in writing the existence of- (1) a violation of a federal law or regulation; (2) a violation of a state law or rule; (3) a violation of an ordinance of a political subdivision (as defined in IC 36- 1- 2 -13); or (4) the misuse of public resources; to a supervisor or to the inspector general. (b) For having made a report under subsection (a), the employee making the report may not: (1) be dismissed from employment; (2) have salary increases or employment related benefits withheld; (3) be transferred or reassigned; (4) be denied a promotion the employee otherwise would have received; or (5) be demoted. (c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority, the appointing authority's designee, or the ethics commission. However, any state employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure as set forth in IC 4- 15 -2 -34 through IC 4 -15 -2 -35.5. (d) An employer who knowingly or intentionally violates this section commits a Class A misdemeanor. As Gadded by Acts 1981, P.L.36, SEC.2. Amended by P.L. 17-1984, SEC 1; P.L.32 -1987, SEC 1; P.L.5- 1988, SEC 25; P.L. 9 -1990, SEC]]; P.L. 222 -2005, SEC 21. http://www.in-gov/legislative/ic/code/title4/arl5/chlO.html 5/29/2012 Indiana Code 36 -1 -8 Page I of 1 1C 36 -1 -8 -8 Protection of employees reporting violations of federal, state, or local laves; disciplinary actions; procedures Sec. 8. (a) An employee of a political subdivision may report in writing the existence of. (1) a violation of a federal law or regulation; (2) a violation of a state law or rule; (3) a violation of an ordinance of a political subdivision; or (4) the misuse of public resources; first to a supervisor or appointing authority, unless the supervisor or appointing authority is the person whom the employee believes is committing the violation or misuse of public resources. In that case, the employee may report the violation or misuse of public resources in writing to either the supervisor or appointing authority or any official or agency entitled to receive a report from the state ethics commission under IC 4- 2- 6- 4(b)(2)(G) or IC 4- 2- 6- 4(b)(2)(H). If a good faith effort is not made to correct the problem within a reasonable time, the employee may submit a written report of the incident to any person, agency, or organization. (b) For having made a report under subsection (a), an employee may not: (1) be dismissed from employment; (2) have salary increases or employment related benefits withheld; (3) be transferred or reassigned; (4) be denied a promotion that the employee otherwise would have received; or (5) be demoted. (c) Notwithstanding subsections (a) and (b), an employee must make a reasonable attempt to ascertain the correctness of any information to be furnished and may be subject to disciplinary actions for knowingly furnishing false information, including suspension or dismissal, as determined by the employee's appointing authority or the appointing authority's designee. However, any employee disciplined under this subsection is entitled to process an appeal of the disciplinary action under the procedure set forth in any personnel policy or collective bargaining agreement adopted by the political subdivision. (d) An employer who violates this section commits a Class A infraction. As added by P.L.32 -19$7, SEC. 4. Amended by P.L9 -1990, SEC 16. http://www.in.gov/leglslative/ic/code/title36/arl/ch8.htmi 5/29/2012