HomeMy WebLinkAbout05/16/12 Board of Public Safety MeetingAGENDA SESSION MAY 16, 2012 30
The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, May 16,
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, Fire Chief
Steve Cox, and Board Attorney Andrea Beachkofsky.
The meeting was held in the Board of Public Works Conference Room, 13th Floor County City
Building, South Bend, Indiana.
ADDITION TO THE AENDA
Ms. Beachkofsky noted the addition to the agenda of an update for the City Towing Resolution.
Board members discussed the following items from the agenda:
- Employees of the Month — Police Department
Chief Hurley stated that Lieutenant Stephen Smith was. selected as employee of the month for
March for his response, on the way in to work, to a burglary in progress in a garage and
subsequent arrest of the suspect. The suspect was later found to be responsible for numerous
other burglaries. Patrolman James Maxey was selected as employee of the month for
February for his help in the conviction of a known gang member. Chief Hurley told the
Board a letter was received from the Deputy Prosecuting Attorney recognizing Patrolman
Maxey for his testimony against the individual that helped with their conviction. The Chief
noted that three other officers were also involved in the arrest, Sergeant Gene Eyster,
Detective Jennifer Gobel, and Corporal Daniel Lawecki, but Patrolman Maxey was
nominated due to his testimony.
- Monthly Statistical Analysis
Chief Hurley informed the Board that in the last two (2) weeks, there have been nine (9)
arrests for robbery and five (5) arrests for burglary. He stated the arrests cleared up over forty
(40) other burglaries. Chief Hurley noted that he reviewed the statistics for the last five years
and found that all the numbers have decreased in general, except for homicide.
- Review Towing Resolution
Ms. Beachkofsky stated she looked into allegations that the Police Department was going off
the City Towing List and using a Mishawaka towing company. She stated she found this not
to be true. The Police Department records indicated the only time the Mishawaka company or
any other company not on the list was used was during an emergency due to a blizzard, or at
the vehicles owner's request. She noted any other company would be used only at the
owner's request. She stated she found that the number of tows per towing company set at
1,200 is just an arbitrary number used as an aid to accurate reporting. Ms. Beachkofsky stated
she would like to propose the Board look at the current resolution. She noted ASAP Towing
has a compelling complaint; the Police state there is a problem with the response time on the
part of the towing companies. She stated she would like to review all of the statistics and
open up the list to everyone that is on the current waiting list for a period of three (3) months
beginning June 1, 2012. After that time, there would be a review of performance and
response and the list would be re- allocated based on the review. Mr. Collins asked if the
Board could then allow ASAP Towing to be placed on the list. Ms. Beachkofsky stated yes,
plus any other companies currently on the waiting list that are in compliance with the
licensing laws. She noted she will need to ask the Board of Works to suspend the Resolution
in its current state and look at amending it. She stated she would like to hold a special
meeting with all of the towing companies to talk about what we are doing and get their
feedback. Mr. Cottrell noted the Board will need Sergeant Goen, Traffic Division, to come
up with an evaluation of the towing companies' response time. Mr. Collins suggested that
could be coincided with dispatch records of time called, time arrived, and time called off.
Ms. Beachkofsky stated her recommendation would be a fifteen (15) to twenty (20) minute
response time. Ms. Beachkofsky stated she will recommend the suspension of the current
resolution regarding the number of towing companies on the list and opening up the list to
those on the waiting list for three (3) months, after which a review of all companies will be
performed. She added that will give her time to put them on notice. She stated a meeting will
be held with all of the tow companies at which time they will be informed what the standards
are going to be based on the results of the review. Mr. Collins stated this will provide a fair
and equal process. Chief Hurley stated one of his concerns is if there is a storage fee being
charged from the time of the tow. He noted someone going to pick up their car on a Saturday
and can't get in because the tow company is closed is then charged for the entire weekend.
AGENDA SESSION MAY 16, 2012 31
He stated no fees should be charged for storage, the towing fee is enough. Mr. Collins stated
the towing companies charge an impound fee plus storage fees from the time of pick -up. He
noted they shouldn't be charged storage until twenty -four (24) hours after the time of the
impound. Chief Hurley noted towing companies are also charging accident clean-up fees and
they shouldn't be doing that. Ms. Beachkofsky stated she needs to re- evaluate the resolution;
the board could require the companies to have twenty -four (24) hour access. Chief Hurley
stated if someone needs to get something from their car that was not removed before it was
towed, they are being charged $50.00 to get access to their car. Mr. Collins agreed that some
of the stories are true of the fees being charged. He noted the Board needs to have a clear
practice of how to do business. Ms. Beachkofsky stated the first thing is to change the
resolution to forbid storage fees in the first twenty -four (24) hours. The other issue is what
they can retrieve from their car. Ms. Martin, Clerk of the Board, questioned if it would be
feasible as part of the resolution, to require that the section of the resolution laying out the
fees be posted in the office of the companies, visible to the public retrieving their vehicles.
The Board agreed that would be effective and Mr. Collins added that they could be posted on
the tow trucks; much like taxi companies post their fees in their cabs.
- Monthly Statistical Analysis — Fire Department
Chief Stephen Cox stated arsons are up from last year and noted that three (3) of them were
car fires. He stated that as the weather becomes warmer, fires tend to increase. Chief Cox
stated that total fires were actually down for this year. Mr. Taylor noted that Medic No. 2 had
a very large number of runs in comparison to low numbers of other medic units. He asked if
adjustments can be made to help with this imbalance. Chief Cox stated the runs showing are
all City runs, the other medic units have substantial runs in the County that aren't included in
the statistics.
ADJOURNMENT
There being no further business to come before the Board, Mr. Cottrell declared the meeting
adjourned at 8:45 a.m.
BOARD OF PUBLIC SAFETY
Patrick D ottrell, President
aura A. Vasquez, Member
Eddie Miller, Member
J4 Collins, Member
Luther T , M ber
ATTEST:
64M.M_ain, Cl rk
EXECUTIVE SESSION MAY 16, 2012
The Board of Public Safety met in the Executive Session on Wednesday, May 16, 2012 at 8:48 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)(A)6(A) and 7 regarding
Disciplinary action, extended Medical Leave, and Union Negotiations. Board President Patrick
Cottrell and Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present.
Also present were Police Chief Charles Hurley, Fire Chief Steve Cox, 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 adjourned at 9:15 a.m.
EXECUTIVE SESSION
ATTEST:
i da M. Martin, Cl rk
MAY 16, 2012
BOARD OF PUBLIC SAFETY
Patrick ottrell Pr s'dent
/f
i
Laura A. Vasquez, Mem er
Eddie Miller, Me ber
32
REGULAR MEETING MAY 16, 2012
The Board of Public Safety met in the regular meeting at 9:20 a.m. on Wednesday, May 16, 2012,
with Board President Patrick Cottrell and Members Laura Vasquez, Eddie Miller, John Collins, and
Luther Taylor present. Also present were Police Chief Charles Hurley, Fire Chief Steve Cox, and
Attorney Andrea Beachkofsky.
The meeting was held in the Board of Works Conference Room, 13th Floor, County City Building,
South Bend, Indiana.
ADDITION TO THE AGENDA
Mr. Cottrell stated the Board added one item to the agenda during the Agenda Session, an Update to
the City Towing Resolution.
ACCEPT MINUTES OF PREVIOUS MEETINGS
President Cottrell stated the Board would accept the Minutes of the Public Agenda Session,
Executive Session, and Regular Meetings of the Board held on April 18, 2012 and the Special
Meeting of April 25, 2012 as presented.
POLICE DEPARTMENT
APPROVE REQUEST FOR EXTENDED PAID MEDICAL LEAVE — SERGEANT CHARLES
STOKES
In a letter to the Board, Chief Charles Hurley stated that Sergeant Charles Stokes requests the Board
of Public Safety grant him a paid, extended medical leave of approximately forty -two (42) calendar
days effective June 10, 2012 to July 21, 2012. Chief Hurley noted Sergeant Stokes was eligible for
sick buy back in 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried,
the paid, extended medical leave was approved effective June 10, 2012.
APPROVE SPECIAL POLICE COMMISSION — BLOCK BY BLOCK 2012
In a letter to the Board, Police Chief Charles Hurley recommended that a Special Police Commission
be issued for the following individual for the purpose of Block by Block on- street patrol parking
enforcement personnel:
- Jada Clark
This commission does not include the carrying of a weapon, nor the powers of arrest.
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REGULAR MEETING MAY 16, 2012 33
Police Chief Hurley stated that the aforementioned individual has met the Commission requirements
of the South Bend Police Department. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and
carried, the above Special Police Commission was approved.
ACCEPT AND APPROVE RETIREMENT — LIEUTENANT RICHARD POWERS
In a letter to the Board, Chief Charles Hurley stated that Lieutenant Richard Powers submitted his
Application and Declaration for Retirement effective June 1, 2012. Chief Hurley noted that he has
served the Department in good standing during the last twenty -two (22) years, eight (8) months and
nineteen (19) days. Chief Hurley stated that Lieutenant Powers served for seven (7) years prior with
the State Police. He noted also that Lieutenant Powers worked on the Police Academy and the
Volunteers for Police Service, and was well thought of in the community. Chief Hurley stated he will
be missed; Lieutenant Powers has done a lot for the good image of the Police Department. Chief
Hurley 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 FILE RECOMMENDATION FOR EMPLOYEE OF THE MONTHS —
FEBRUARY AND MARCH 2012
In a letter to the Board, Chief Hurley stated that Patrolman James Maxey was selected as Employee
of the Month for February, 2012 and Lieutenant Stephen Smith was selected as Employee of the
Month for March, 2012. The award is to recognize officers, civilian employees, on the South Bend
Police Department who have demonstrated actions noted by supervisors or citizens from both a
professional law enforcement position and in support of the community policing efforts with citizens
of South Bend. Chief Hurley noted that three other officers should also be recognized for their
assistance in the conviction of a gang member in February. He stated that Sergeant Gene Eyster,
Detective Jennifer Gobel, and Corporal Daniel Lawecki also took part in the apprehension. He read a
letter from the Deputy Prosecuting Attorney commending all four (4) of the officers for their work on
this case, and in particular Patrolman Maxey. The letter stated that Patrolman Maxey's testimony
made the difference between a conviction and an acquittal and the Traffic Department's records
provided the evidence that was needed for a conviction. There being no further discussion, Mr.
Cottrell stated the Board would accept the recommendation of Chief Hurley for filing.
FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2012
Chief Hurley stated he is not happy with the murder and burglary rate, but a review of the last five
(5) years shows that burglary rates are the same as previous years. He noted most of the burglaries
are from garages and a recent arrest has cleared up a lot of those. Chief Hurley noted that based on
that review of the past five years, all other crimes are down. President Cottrell indicated that unless
there were questions or objections by members of the Board, the statistical analysis report for the
month of April 2012, as submitted by the Police Department, would be accepted for filing. There
being no objections, the following report was accepted for filing:
FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING JANUARY
FEBRUARY, AND MARCH 2012
Captain Dave Hecklinski, Director of Training, South Bend Police Department, submitted to the
Board a written Quarterly Report for Specialized Training for the period of January, February, and
March 2012. 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
APRIL
APRIL
YEAR TO DATE
PART I OFFENSES
2011
2012
CHANGE
f U1
(12)
CHANGE
MURDER
2
0
-
2
3
5
+ 2
RAPE
2
4
+
2
19
13
- 6
ROBBERY
30
32
+
2
98
76
- 22
AGGRAVATED ASSAULT
16
13
-
3
79
64
- 15
BURGLARY RESIDENT
102
122
+
20
430
388
- 42
BURGLARY NON
RESIDENT
38
48
+
10
120
170
+ 50
LARCENY
286
238
-
48
949
893
- 56
MOTOR VEHICLE THEFT
22
21
-
1
77
76
- 1
ARSONS
4
7
+
3
14
8
- 6
GRAND TOTAL
502
485
-
17
1789
1693
- 96
FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING JANUARY
FEBRUARY, AND MARCH 2012
Captain Dave Hecklinski, Director of Training, South Bend Police Department, submitted to the
Board a written Quarterly Report for Specialized Training for the period of January, February, and
March 2012. 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
REGULAR MEETING
MAY 16, 2012 34
Report for Specialized Training was accepted and filed as submitted.
UPDATE ON TOWING RESOLUTION
Ms. Beachkofsky stated at the last Board of Safety meeting she promised she would have an update
on the Towing Resolution. She said she looked over the numbers and concluded that the limit of
1,200 tows per towing company is an arbitrary number and there is no reason to set that as the limit.
She stated that allegations that the Police Department used other towing companies not on the list
were found to be exaggerated. She found the Police Department used other companies during an
emergency snow storm, and otherwise only when requested by the vehicle owner. She noted it is
perfectly legal for the owner to request a specific towing company. Ms. Beachkofsky stated that upon
reviewing the statistics she has concluded that she would like to propose a suspension of the current
towing list number regulation for three months and allow the companies on the waiting list to be
added to the current towing list. After that period of time, an evaluation will be done of all of the
companies on performance and response, and the numbers will be re- evaluated. The companies will
be placed in order of their performance, based on the re- evaluation. Ms. Beachkofsky stated she will
schedule a meeting with all of the towing companies to lay out the rules and changes in policies and
discuss fees being charged. The Board of Safety will meet on May 25, 2012 at 8:00 a.m. for a Special
Meeting, at which time they will suspend the current towing list. She noted she will advise at that
time on how to proceed. Mr. Cottrell stated no action was necessary by the Board until May 25, 2012
at the Special Meeting.
FIRE DEPARTMENT
BOARD OF SAFETY REPRESENTATION AT 2012 -2013 SOUTH BEND FIREFIGHTERS
LOCAL 362 UNION NEGOTIATIONS
Mr. Cottrell stated the Board of Safety received a letter from the Local 362 of the International
Association of Firefighters requesting the opening of negotiations and representation by the Board of
Safety. Mr. Cottrell stated the Board has decided to table this request until their next meeting.
Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Board tabled the
request until their next meeting.
FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2012
Fire Chief Steve Cox submitted to the Board the monthly report for the month of April, 2012
compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox stated that arsons
are up for the month of April by three (3) but he noted that the trend is for the department to be
busier in warm months. He stated the property damage in 2011 was substantially higher due to a
large commercial fire, but the number of fires is actually higher this month due to more small fires.
He stated the statistics show that the department is doing a good j ob of knocking down fires quickly.
Mr. Cottrell stated if there were no objections, the Board would accept the report for fling as
presented.
A summary is as follows:
April
April
2011
2012
STRUCTURE FIRES
Property Damage -- Buildings & Contents
(Estimates)
$1,067,800.00 J $100,535.00
INSPECTIONS
(Fire Prevention/Inspection Bureau)
440 Inspections
326 Inspections
392 Re-Inspections
(100 Re-Inspections)
INVESTIGATIONS
(Police /Fire Arson Bureau)
20
21
Investigations
Investi ations
4
7
Arsons
Arsons
PRIVILEGE OF THE FLOOR
Police Chief Charles Hurley stated he would like to make note that Donald Pinckert, Director of
Financial Services, is retiring on June 1, 2012 after forty -four (44) years on the department. The
Chief stated that Mr. Pinckert has done an outstanding job and asked the Board members to thank
him for his outstanding service if they run into him.
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REGULAR MEETING MAY 16, 2012 35
ADJOURNMENT
There being no further business to come before the Board, President Cottrell declared the meeting
adjourned at 9:40 a.m.
4EAT ST:
M. Martin, Clerk
1
BOARD OF PUBLIC SAFETY
Eddie Miller, Member
a
Jo Collins, Member
Luther Taylor, Mem r