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HomeMy WebLinkAbout06/20/12 Board of Public Safety MinutesAGENDA REVIEW SESSION JUNE 20, 2012 40 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, June 20, 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. ADDITIONS TO THE AGENDA Ms. Beachkofsky noted the addition to the agenda of a. request for back pay, a resignation, and the Filing of Charges 2012 -04. Ms Beachkofsky read through the items on the agenda and asked if the Board members had any questions or comments. Chief Hurley and Chief Cox stated the monthly statistics for their respective departments are normal for this time of year. The Board members had no questions. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:15 a.m. BOARD OF PUBLIC SAFETY f�- Patrick D. Cottrell, President Laura A. Vasquez, Member Eddie Miller, Member Jelvi Collins, Member Luther Taylor, gembd ATTEST: i. % i da "M Martin., Jerk EXECUTIVE SESSION JUNE 20, 2012 The Board of Public Safety met in the Executive Session on Wednesday, June 20, 2012 at 8:20 a.m. The meeting was held in the Mayor's Conference Room, 10 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, and confidential records. 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. BOARD OF PUBLIC SAFETY Patrick D. Cottrel , President Laura A. Vasquez, Member �i 1 E� EXECUTIVE SESSION JUNE 20, 2012 41 Eddie Miller, Membee`r` hn Collins, Member Luther Taylor, Member ATTEST: Li da M. Martin, lerk REGULAR MEETING JUNE 20 2012 The Board of Public Safety met in the regular meeting at 9:20 a.m. on Wednesday, June 20, 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. ADDITIONS TO THE AGENDA Mr. Cottrell stated the Board added three items to the agenda during the Agenda Session; a request for back pay, a letter of resignation, and a filing of Charges 2012 -04. ACCEPT MINUTES OF PREVIOUS MEETINGS President Cottrell stated the Board would accept the Executive Session, and Regular Meetings of the Boar d Meeting of June 1, 2012 as presented. POLICE DEPARTMENT Minutes of the Public Agenda Session, held on May 16, 2012 and the Special APPROVE PROMOTION TO LIEUTENANT IN SPECIAL ASSIGNMENT — DANIEL SKIBINS In a letter to the Board, Police Chief Hurley recommended that Sergeant Daniel Skibins be promoted to the rank of Lieutenant in Special Assignment in the Uniform Division, in charge of the Street Crimes Unit. Sergeant Skibins was sworn in on August 16, 1996. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the recommended promotion in Special Assignment was approved effective May 23, 2012. Chief Hurley pinned the badge on Lieutenant Skibins and the Board joined him in congratulating the officer. ACCEPT AND APPROVE RETIREMENT — STEVEN RICHMOND In a letter to the Board, Chief Hurley stated that Division Chief Steven Richmond has submitted his Application and Declaration for Retirement effective June 29, 2012. Chief Hurley noted that he has served the Department in good standing during the last twenty -eight (28) years, three (3) months and twenty-six(26) days. 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 APPROVE RETIREMENT — GARY REYNOLDS In a letter to the Board, Chief Charles Hurley stated that Patrolman 1St Class Gary Lee Reynolds submitted his Application and Declaration for Retirement effective June 29, 2012. Chief Hurley noted that he has served the Department in good standing during the last thirty-three (33) years, eight (8) months, and five (5) days. 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. REGULAR MEETING JUNE 20, 2012 42 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 20, 2012 to July 31, 2012. Chief Hurley noted Sergeant Stokes was granted an extended medical leave by the Board on May 16, 2012, but didn't use the time and now needs to request time off again. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the paid, extended medical leave was approved effective June 20, 2012 through July 31, 2012. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MAY 2012 President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of May 2012, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: APPROVE REQUEST FOR BACK PAY — JEFFERY CHESTER In a letter to the Board, Police Chief Hurley requested the Board approve back pay for Patrolman Jeffery Chester from the date of his placement on Administrative Leave, November 1, 2011 to today, June 20, 2012. Ms. Beachkofsky noted the disposition of criminal charges is complete. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the request for back pay was approved as outlined above. ACCEPT AND APPROVE RESIGNATION — JEFFERY CHESTER In a letter to the Board, Chief Hurley stated that Patrolman Jeffery Chester has submitted his letter of resignation from the Police Department effective June 20, 2012. Chief Hurley noted that Patrolman Chester was sworn on the department on March 10, 2010. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the resignation was accepted and approved as outlined above. FILING OF CHARGES 2012 -04 — JAMES WALSH President Cottrell stated the Board was in unanimous agreement that this item should be tabled until the next Special Board of Safety meeting. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Filing of Charges 2012 -04 was tabled until the next Special Meeting of the Board. FIRE DEPARTMENT FILING OF CHARGES 2012 -03 — THOMAS SHEETS In a letter to the Board, Fire Chief Stephen Cox requested the Board place Captain Thomas Sheets on a thirty (30), eight (8) hour day suspension from duty without pay and remove him as a Self - Contained Breathing Apparatus Technician for the department indefinitely. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Chief's recommendation was approved and the following Charges were approved to be served upon Captain Sheets. FACTUAL ALLEGATIONS During the day of April 20, 2012, Capt. Sheets performed what he called an "experiment" to identify whether cross - contamination was a possibility, concerning the Scott Self - Contained Breathing Apparatus that the South Bend Fire Department is evaluating. As Capt. Sheets explained to me, he sprayed "Scrubbing Bubbles ", an anti - bacterial cleaning solution, into the second stage regulator of an air -pack and then connected it to his face -piece which he was wearing. The SBFD uses a generic 1 1 MAY MAY YEAR TO DATE PART I OFFENSES 2011 2012 CHANGE J (12) CHANGE MURDER 2 2 0 5 7 + 2 RAPE 6 6 0 25 19 - 6 ROBBERY 38 28 - 10 136 104 - 32 AGGRAVATED ASSAULT 15 26 + 11 94 90 BURGLARY RESIDENT 135 105 - 30 565 493 4 - 72 BURGLARY NON RESIDENT 40 33 - 7 160 203 + 43 LARCENY 316 270 - 46 1265 1163 - 102 MOTOR VEHICLE THEFT 36 41 + 5 113 117 + 4 ARSONS 5 5 0 19 13 - 6 GRAND TOTAL 593 516 - 77 2382 2209 - 173 APPROVE REQUEST FOR BACK PAY — JEFFERY CHESTER In a letter to the Board, Police Chief Hurley requested the Board approve back pay for Patrolman Jeffery Chester from the date of his placement on Administrative Leave, November 1, 2011 to today, June 20, 2012. Ms. Beachkofsky noted the disposition of criminal charges is complete. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the request for back pay was approved as outlined above. ACCEPT AND APPROVE RESIGNATION — JEFFERY CHESTER In a letter to the Board, Chief Hurley stated that Patrolman Jeffery Chester has submitted his letter of resignation from the Police Department effective June 20, 2012. Chief Hurley noted that Patrolman Chester was sworn on the department on March 10, 2010. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the resignation was accepted and approved as outlined above. FILING OF CHARGES 2012 -04 — JAMES WALSH President Cottrell stated the Board was in unanimous agreement that this item should be tabled until the next Special Board of Safety meeting. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Filing of Charges 2012 -04 was tabled until the next Special Meeting of the Board. FIRE DEPARTMENT FILING OF CHARGES 2012 -03 — THOMAS SHEETS In a letter to the Board, Fire Chief Stephen Cox requested the Board place Captain Thomas Sheets on a thirty (30), eight (8) hour day suspension from duty without pay and remove him as a Self - Contained Breathing Apparatus Technician for the department indefinitely. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Chief's recommendation was approved and the following Charges were approved to be served upon Captain Sheets. FACTUAL ALLEGATIONS During the day of April 20, 2012, Capt. Sheets performed what he called an "experiment" to identify whether cross - contamination was a possibility, concerning the Scott Self - Contained Breathing Apparatus that the South Bend Fire Department is evaluating. As Capt. Sheets explained to me, he sprayed "Scrubbing Bubbles ", an anti - bacterial cleaning solution, into the second stage regulator of an air -pack and then connected it to his face -piece which he was wearing. The SBFD uses a generic 1 1 REGULAR MEETING JUNE 20, 2012 43 version of "Scrubbing Bubbles" which is called "Disinfectant Foam Cleaner" which was the cleaning solution used in this instance. The cleaner's packaging has a precautionary statement which states the product is an eye irritant, can be harmful if absorbed through the skin, harmful if inhaled, and to avoid contaminating personal clothing. Once the connection on the air -pack was made, air rushed into the face -piece which he inhaled, causing Capt. Sheets to get what he claimed was a "face full of bubbles ". After this, he requested Firefighter Brian Koloszar, a subordinate to him on Rescue 1, to repeat the "experiment ". Firefighter Koloszar complied with his request and proceeded to inhale a facemask full of the caustic agent. The air -pack used for this "experiment" was not assigned to Capt. Sheets; rather it was assigned to personnel on Engine 1. At no time did Capt. Sheets notify anyone on Engine 1 or personnel other than Firefigher Koloszar that he'd contaminated the air -pack. The officer of the oncoming shift (A- Shift) on the 21 st of April, when checking in his equipment, was overcome by fumes coming from the second stage regulator. Captain Sheets is trained as a Self- Contained Breathing Apparatus Technician who is responsible for repair and maintenance of the departmental SCBA units. He was trained and certified in 2008. Captain Sheets stated to me that he "always" uses "Scrubbing Bubbles" to clean the SCBA units. MSA and Scott air -pack representatives have advised the SBFD that "Scrubbing Bubbles" or any similar cleaning products should never be used to clean these units. In fact, Scott representatives picked up the air -pack that Capt. Sheets sprayed immediately after we informed them that this situation happened. They suggested that this particular air -pack had to be inspected by the company before they would allow anyone to use it further. A replacement was brought the next day. Capt. Sheets was negligent in his duties by using a cleaning solution not recommended by the manufacturer to clean arguably the most important piece of safety equipment provided by the department. He did not use good judgment by placing himself at risk of injury by inhalation of a caustic substance, and used extremely poor judgment by putting one of his immediate subordinates ( Koloszar) at the same risk by suggesting he do the same. He was additionally negligent in his failure to notify anyone that he'd contaminated the Engine 1 SCBA with a caustic substance, and thereby caused another member of the SBFD to be exposed to poisonous fumes. Captain Thomas Sheets was in violation of the South Bend Fire Department Duty Manual Sections 300.00 (2) and 300.00 (7), Rules of Conduct. COUNT I. Violation of Duty Manual Section 300.00: Rules of Conduct 2. The deliberate or gross neglect of duty, any act of incompetence, knowingly interfering with the assigned task or duty of another, or failing to submit any necessary reports in accordance with department policy. Reports will be truthful, accurate, and complete. COUNT II. Violation of Duty Manual Section 300.00: Rules of Conduct 7. Using departmental property other than for its intended use, or abusing, damaging, or losing it through negligence. Firefighters who have knowledge of damaged departmental property will report the circumstances to their supervisor without delay; failure to operate departmental vehicles in a careful and prudent manner or failure to obey state laws or departmental orders pertaining to such operation. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MAY 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for the month of May, 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox stated that this month's statistics are very consistent with last year's. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: REGULAR MEETING JUNE 20. 2012 44 May May 2011 2012 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $100,110.00 $214,996.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 208 Inspections 318 Inspections 63 Re-Inspections (126 Re-Inspections) INVESTIGATIONS (Police/Fire Arson Bureau) 22 19 Investigations Investigations 2 4 Arsons Arsons ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrel , President Laura A. Vasquez, Member N Eddie Miller, Member Member Luther Taylor, Mem ATTEST: in a M. Martin, erk 1 11