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HomeMy WebLinkAbout06/27/12 Special Meeting Board of Public Safety MinutesAGENDA REVIEW SESSION JUNE 27, 2012 45 The Board of Public Safety met in the Public Agenda Session at 8:13 a.m. on Wednesday, June 27, 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. ADDITIONS TO THE AGENDA Ms. Beachkofsky noted the addition to the agenda of the Filing of Charges 2012 -05, and a Request for a Medical Leave extension. She stated the Indiana Code has been updated to the posted agenda for the Executive Session to include the discussion regarding Confidential Records. The meeting was held in the Board of Public Works Conference Room, 13th Floor County City Building, South Bend, Indiana. ADJOURNMENT There being no further business to come before the Board, Ms. Beachkofsky declared the meeting adjourned at 8:17 a.m. ATTEST: i da M .Martin, Jerk EXECUTIVE SESSION BOARD OF PUBLIC SAFETY Patrick D. Cottrell, President Laura A. Vasquez, Member Eddie Miller, Member 7�Memb�er��� o Collins &LZ Luther Taylor, Mem r JUNE 27, 2012 The Board of Public Safety met in the Executive Session on Wednesday, June 27, 2012 at 8:20 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)(6)(A) and (7) regarding Disciplinary Action and Confidential Records. Board President Patrick Cottrell and Board Members Eddie Miller, John Collins, Laura Vasquez, and Luther Taylor were present. Also present were Police Chief Charles Hurley, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the agenda.. The meeting adjourned at 9:15 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, President Laura A. Vasquez, Member EXECUTIVE SESSION A TEST: � n ' 1 A i da M. Martin, e9 • Eddie Miller, Member Collins, Member Luther Taylor, JUNE 27, 2012 46 SPECIAL MEETING JUNE 27, 2012 The Board of Public Safety met in a Special Meeting at 9:20 a.m. on Wednesday, June 27, 2012, with Board President Patrick D. Cottrell, and Board Members Eddie Miller, John Collins, Laura Vasquez, 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, 13th Floor County City Building, South Bend, Indiana. POLICE DEPARTMENT FILING OF CHARGES NO. 2012-04 — JAMES WALSH In a letter to the Board, Police Chief Charles Hurley requested the Board demote Sergeant James Walsh from Sergeant to Patrolman. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Sergeant Walsh. FACTUAL ALLEGATIONS 1. On October 3, 2011 a larceny was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh. The victim reported her wallet stolen from her purse while at work. Suspect information was included in the Preliminary Report as well as information regarding surveillance video of the suspect who was recognized by other employees. The victim stated that that she had no contact with Sgt. Walsh until the week before Thanksgiving, approximately six weeks after the larceny. 2. On October 17, 2011 a simple assault case was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh on October 17, 2011. The victim was contacted on December 6, 2011 and stated that she was not contacted by a detective other than one voicemail in which no return phone number was included. 3. On October 19, 2011 an intimidation case was reported (Case No. 11 -XXXX) and was assigned to Sgt. Walsh the same day. On December 6, 2011 the victim was contacted by phone and he indicated he had not spoken to any detective regarding his case. On December 7, 2011 Sgt. Walsh submitted a follow -up to this case indicating he had "made contact" with the victim to gain additional information and had closed the case as "pending ". The victim was contacted again on December 7, 2011 and stated he had never spoken with a detective either in person or by phone. 4. On October 23, 2011 a larceny was reported by a local restaurant (Case No. 11- XXXX). A customer failed to pay for his meal and drinks, but provided an Indiana DOC card and never returned to pay his bill. Although the suspect information was provided, Sgt. Walsh had not contacted anyone as of December 6, 2011. 5. On October 24, 2011 a robbery was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh on October 25, 2011. On December 6, 2011 the victim reported that he had contacted 1 1 1 SPECIAL MEETING JUNE 27, 2012 47 Sgt. Walsh two weeks prior because Sgt. Walsh had never contacted him. 6. On October 29, 2011 an assault was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh on October 31, 2011. The victim was contacted on December 7, 2011 and reported that she spoke with Sgt. Walsh for the first time on November 8, 2011 by telephone and again in person at her apartment sometime around the end of November. Sgt. Walsh submitted a follow -up report on December 7, 2011 indicating he had spoke with "both witnesses ", but the victim stated that was not the case. The other witness refused to speak with him. 7. On October 29, 2011 a larceny was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh on November 4, 2011. The victim was contacted on December 6, 2011 and stated he had no contact from a detective regarding his case although there was suspect information included in the preliminary report. The victim was again contacted on December 12, 2011 and confirmed he still had not been contacted by Sgt. Walsh. 8. On October 31, 2011 a larceny was reported (Case No. 11 -XXXX) and assigned to Sgt. Walsh on October 31, 2011. The victim was contacted on December 6, 2011 and reported that he had a short phone conversation with Sgt. Walsh 2 days after making the report, but had had no contact with Sgt. Walsh since that time. On December 12, 2011, the victim was contacted and confirmed that he still had not heard again from Sgt. Walsh. 9. On November 3, 2011, is a Larceny From Auto (Case No. 11 -XXXX) was reported. The victim was contacted on December 6, 2011 and confirmed that he had had a brief conversation with Sgt. Walsh on November 9, 2011. The victim stated that he had to initiate contact with Sgt. Walsh because Sgt. Walsh had not contacted him and that Sgt. Walsh told him that he (Sgt. Walsh) would be looking at security video and get back to him. The victim was contacted on December 6, 2011 and confirmed there had been no further contact by Sgt. Walsh. CHARGES COUNTI For his failure to timely and thoroughly investigate a larceny reported on October 3, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT 11 For his failure to timely and thoroughly investigate a simple assault case reported on October 17, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT III For his e to timely and thoroughly g y investigate an intimidation case reported on October 19, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend SPECIAL MEETING JUNE 27, 2012 48 Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT IV For submitting a falsified "follow up report" on December 7, 2011 regarding the intimidation case reported on October 19, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: r Violation of Duty Manual Section 301 06 Inte rity The public demands that the integrity of it's Law Enforcement Officers be above reproach. In the performance of duty, an officer must not only do what is right, but also what seems right. The suspected dishonesty or actual dishonesty of a single officer may impair public confidence and cast suspicion upon the entire department. Let it be understood that succumbing to even minor temptations can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness, and may contribute to the corruption of others. An officer must scrupulously avoid, than, any contact which might compromise personal integrity, the integrity of fellow officers, or the integrity of the department. COUNT V For his failure to timely and thoroughly investigate a larceny case reported on October 23, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Serizeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT VI For his failure to timely and thoroughly investigate a robbery case reported on October 24, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT VII For his failure to timely and thoroughly investigate an assault case reported on October 29, 2011 and assigned to him on October 31, 2011, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: SPECIAL MEETING JUNE 27, 2012 49 Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT VIII For submitting a falsified "follow up report" assault case reported on October 29, 2011 and assigned to him on October 31, 2011, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Dutv Manual Section 301.06: Integrity The public demands that the integrity of its Law Enforcement Officers be above reproach. In the performance of duty, an officer must not only do what is right, but also what seems right. The suspected dishonesty or actual dishonesty of a single officer may impair public confidence and cast suspicion upon the entire department. Let it be understood that succumbing to even minor temptations can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness, and may contribute to the corruption of others. An officer must scrupulously avoid, than, any contact which might compromise personal integrity, the integrity of fellow officers, or the integrity of the department. COUNT IX For his failure to timely and thoroughly investigate a larceny case reported on October 29, 2011 and assigned to him on November 4, 2011, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Dutv Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT X For his failure to timely and thoroughly investigate a larceny case reported on October 31, 2011 and assigned to him, which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Du Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. COUNT XI For his failure to timely and thoroughly investigate a larceny from auto case reported on November 3, 2011 and assigned to him which actions reflect unfavorably upon him and upon the South Bend Police Department, Sgt. Walsh has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section 207.04: Duties of Investigative Sergeants Paragraph 8) Promptly follow up each case assigned, regardless of it's nature, to it's satisfactory conclusion. Victims and witnesses shall be interviewed and informed of the SPECIAL MEETING JUNE 27, 2012 50 case's progression. Paragraph 10) Be responsible for the discovery of additional witnesses, evidence and alleged suspects that may not have been uncovered by Uniform Division Investigation. Dated this 27th day of June 2012. FILING OF CHARGES NO. 2012-05 — CHRISTOPHER BORTONE In a letter to the Board, Police Chief Charles Hurley requested the Board terminate Patrolman Christopher Bortone's employment with the South Bend Police Department. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman Bortone. FACTUAL ALLEGATIONS On Wednesday, March 31, 2012 at approximately 11:05 p.m. Patrolman Christopher Bortone was dispatched to the Meijer Store located at 3600 N. Portage in reference to a shoplifting case. Officer Bortone spoke with the manager and the loss prevention officer for the store and was told the amount of items stolen was six hundred, fifty -six dollars, and ninety seven cents ($656.97). Patrolman Bortone was given the suspects information and a vehicle description. Patrolman Bortone went code one (documentation that he was at the call) and put a note in that code one that Loss Prevention did not want a code two (actual police report). This was discovered on April 27, 2012 when another officer went to take a police report of a larceny involving the same suspect. On June 3, 2012 Patrolman Bortone was questioned about this incident and he stated that the loss prevention officer did not want a report, but that he sent an MDT (mobile data terminal) message to the other officers in the area with the suspect and vehicle description. In checking with computer services a search was performed of any transmittals being sent by Patrolman Bortone on March 31, 2012 from 10:00 p.m. to 1:00 a.m. on April 1, 2012 and there was nothing found regarding sending out information about a suspect and vehicle to other officers. Patrolman Bortone also stated he drove to Walmart and advised their loss prevention of the suspect and what had occurred at the Meijer store. In speaking with the manager that was on duty at Walmart that evening, they do not recall talking with an officer. They also stated that their loss prevention employees do not work past 10:00 p.m. COUNT I. Patrolman Bortone is found to be untruthful regarding this incident, which reflects unfavorably upon him and upon the South Bend Police Department. Patrolman Bortone has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Sections 302.00 (21 )(34): Rules of Conduct: A. Officers: 21. Shall obtain information in an official and courteous manner and act upon it in a proper and judicious manner within the scope of their duties and consistent with Departmental procedures whenever any person applies for assistance or advice, or make complaints or reports, either by telephone or in person. 34. Shall truthfully answer all questions relating to the scope of their employment and operations of the Department which may be asked of them. Officers shall cooperate fully with any internal investigation COUNT II. Patrolman Bortone is found to be untruthful regarding this incident, which reflects unfavorably upon him and upon the South Bend Police Department. Patrolman Bortone has violated the following section of the South Bend Police Department Duty Manual: Violation of Duty Manual Section Section 419.00: Dispatch Report /Code One: Section 419.00: 1 I SPECIAL MEETING JUNE 27, 2012 51 All personnel are reminded to fill out the Dispatch Report both thoroughly and accurately. This report was reinstituted as an investigative tool for both Field and Central Investigations Units. The information available to officers from this database will only be as reliable as the information entered into the system. Dated this 27th day of June 2012. APPROVE REQUEST FOR MEDICAL LEAVE EXTENSION MICHAEL CRITCHLOW In a letter to the Board, Police Chief Hurley, stated that Sergeant Michael Critchlow requests the Board grant him a paid medical leave of approximately forty -two (42) calendar days from July 3, 2012 to August 13, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the paid extended medical leave was approved effective July 3, 2012. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 9:25 a.m. 1 AT ST: i da M. Martin, erk 1 BOARD OF PUBLIC SAFETY Patrick D. Cottrell, resident Laura Vasquez, Member i � 3 Eddie Miller, Me'/ Collins, Member Luther Taylor,