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HomeMy WebLinkAbout08/15/12 Board of Public Safety MinutesPUBLIC AGENDA SESSION AUGUST 15, 2012 58 The Board of Public Safety met in the Public Agenda Session at 8:10 a.m. on Wednesday, August 15, 2012, with Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, and John Collins present. Board Member Luther Taylor was absent. 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. CHANGES TO THE AGENDA Board members agreed to move the Swearing In and the Promotion to Lieutenant, for the Police Department, up to the second and third items on the agenda to accommodate the family and friends of the officers in attendance. Board members discussed the following items from the agenda: - Duty Manual Revisions Fire Chief Steve Cox stated that most of the changes to the Duty Manual are administrative changes. He explained that the new Mayor, the new Fire Chief, and the organizational chart needed to be updated in the manual. Section 102.0 1, Riding Battalion Chief, and Section 104.00, 24 Hour Fire Captain, were updated to include responsibility for safety of Firefighters. Chief Cox stated that Section 202.08, Recorded Phone for Overtime Calls, is not currently being used due to an outstanding Federal Court case regarding recording of departmental phone calls. He noted the phone recording has been used for twenty (20) years strictly for overtime calls from Battalion Chiefs, and has been a valuable tool for filling vacant spots in the Department. Chief Cox added that the calls have to be manually recorded, it is not automatic. Ms. Beachkofsky stated the decision was made pursuant to Federal law that the best way to handle the recording of the calls was to have all Firefighter's ratify it in the contract. Once negotiated, everyone is aware that they are being recorded and have consented to it in the signing of the contract. Chief Cox stated in Section 204.04, Decorum in Quarters, wording was added to require every firefighter to be out of bed, and have their bed made, by the end of their shift at 7:30 a.m. Section 204.06, Company Training, was changed from requiring one (1) hour of training per day to ten (10) hours per month. Chief Cox noted that they often have three (3) hours of multi - company training in one day, which is more effective than a one (1) hour in -house training. He explained that the average Fire Fighter's schedule works out to ten (10) days a month, so they changed it to ten hours per month. Chief Cox noted that some of the firefighters have up to twenty (20) to thirty (30) hours a month training. In Section 205.02, Trading of Duty Time, Chief Cox stated a change to the exchange of time was made in the paragraph limiting the number of years a firefighter is restricted from exchanging time when being found AWOL. He noted it was reduced from three (3) years to one (1) year because they felt three (3) was excessive. In Section 300.00, Rules of Conduct, Regarding Tattoos, the policy is being reviewed and needs to be modified. Ms. Beachkofsky noted the way it is currently written, it is unenforceable, and she is working on re- writing the rules to make it enforceable. She added it should be pulled from the Duty Manual in its current form. Chief Cox stated that most of the rest of the changes are just verbiage clean-ups to make the manual easier to understand. - Monthly Statistical Analysis — Fire Department Chief Cox noted that the actual number of fires this year hasn't decreased; the numbers are pretty normal, but there is a significant decrease in structure damage this year. He pointed out there have been no fatalities to date this year. - Acknowledge Mayoral Appointment to Battalion Chief — Captain James Luccki Chief Cox informed the Board that Captain Luccki is a fantastic replacement for retired Battalion Chief Buddy Kirsits. Chief Cox noted Captain Luccki has thirty -three (33) years on the department, with ten (10) years as a Paramedic Captain, ten (10) years as a Fire Captain, and time spent as part of the Rescue Divers, and Hazardous Materials teams. He stated Captain Luccki has a very thick personnel file with the majority of the file containing accommodations. - Employees of the Month — Police Department Police Chief Charles Hurley stated that Patrolman Kelly Hibbs, selected as employee of the month for April, was able to solve five (5) additional burglaries while in the process of investigating one (1) burglary. He stated this was going above and beyond the expected duties. Patrolman Ken Ryan, selected for the month of May, was working at a homicide scene when he discovered a second victim in a car two and a half blocks away in an alley. Chief Hurley noted had he not discovered the body, it would have been discovered by a child or citizen later. Patrolman Jamil PUBLIC AGENDA SESSION AUGUST 15, 2012 59 Elwaer, the candidate for June, stopped a suspicious man riding a bicycle at 2:00 a.m., carrying a suitcase. The suitcase was found to have a different name on it then the suspect's. Patrolman Elwaer attempted to locate the owner and was not able to. After many attempts by several Police personnel, Patrolman Elwaer was eventually able to locate the owner due to his diligence, and it was confirmed that the suitcase was stolen during a burglary of the owner's residence. The owner pressed charges and it was discovered that the suspect was responsible for a number of other burglaries, and the bike he was riding was stolen. Monthly Statistical Analysis — Police Department Chief Charles Hurley stated that though it is good news that Part 1 Crime is down by 17 %, the bad news is that homicide is up. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:38 a.m. AT EST: inda M .Martin, Cle k POLICE SELECTION PANEL BOARD OF PUBLIC SAFETY Patrick )4. Cottrell, President - WwMAIA��Iao&L� aura A. Vasquez, Member d ler, Member Joh llins, Member Luther Taylor, Merr#er AUGUST 15, 2012 The Police Selection Panel met at 8:40 a.m. on Wednesday, August 15, 2012 in the Board of Public Works Meeting Room, 13h Floor, County City Building, South Bend, Indiana, for the purpose of formulating a recommendation to be made to the Board of Public Safety. Present were Police Chief Charles Hurley, Board Attorney Andrea Beachkofsky, and Board President Patrick Cottrell. Upon a motion by Ms. Beachkofsky, seconded by Mr. Cottrell and carried, the recommendation from Police Chief Hurley to appoint Kayla Marie Dawson to the South Bend Police Department as a probationary police officer was approved. The Police Selection Panel adjourned at 8:42 a.m. BOARD OF PUBL�I�C SAFETY ;; Patrick D ottrell, President aura A. Vasquez, Memb Eddie Miller, Member J Collins, Member POLICE SELECTION PANEL ATTEST: axt -W� *nda . Mart in, erk AUGUST 15, 2012 60 Luther Taylor, Member EXECUTIVE SESSION AUGUST 15, 2012 The Board of Public Safety met in the Executive Session on Wednesday, August 15, 2012 at 8:48 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, and John Collins were present. Board member Luther Taylor was absent. Also present were Police Chief Charles Hurley, Fire Chief Stephen 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 9:20 a.m. BOARD OF PUBLIC SAFETY Patrick Cottrell, President Taura A. Vasquez, Member �2JA,4F- Eddie Miller, Member Jo Collins, Member Luther Taylor, Me er ATTEST: da M. Martin, Clerk REGULAR MEETING AUGUST 15, 2012 The Board of Public Safety met in the Regular Meeting at 9:25 a.m. on Wednesday, August 15, 2012, with Board President Patrick Cottrell and Members Laura Vasquez, Eddie Miller, and John Collins present. Board Member Luther Taylor was absent. Also present were Police Chief Charles Hurley, Fire Chief Stephen Cox, and Attorney Andrea Beachkofsky. The meeting was held in the Board of Works Meeting Room, 13th Floor, County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Mr. Cottrell stated unless there were any corrections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on July 18, 2012 as presented. ANNOUNCE CHANGE IN AGENDA President Cottrell informed those present that during the Public Agenda Session, the Board agreed to REGULAR MEETING AUGUST 15, 2012 61 move Item Nos. Cl., 2., and 3., Police Department, up to follow the first Item No. B.1., Fire Department, on the agenda. FIRE DEPARTMENT ACKNOWLEDGE AND CERTIFY MAYORAL APPOINTMENT THE RANK OF BATTALION CHIEF — JAMES LUCCKI In a letter to the Board, Fire Chief Stephen Cox stated that the South Bend Fire Department has a vacancy for Battalion Chief. In accordance with the promotion policy established by the South Bend Fire Department and Local 362, Chief Cox recommended to Mayor Pete Buttigieg and the Board of Safety, that Captain James Luccki be promoted to the rank of Battalion Chief effective, August 15, 2012. Chief Cox stated that Captain Luccki was appointed to the South Bend Fire Department on November 27, 1979 and has proven his leadership abilities resulting in his appointment to Captain in 1990, and has an excellent training record and holds many relevant certifications. Attached to Chief Cox's letter was a letter from Mayor Pete Buttigieg, accepting the recommendation and promoting Captain Luccki to the level of Battalion Chief and asking that the Board certify the appointment. Chief Cox pinned Captain Luccki's badge on him and joined the Board in congratulating him on his new appointment. Chief Cox stated Captain Luccki is an individual of integrity. Mr. Mike Schmuhl, Chief of Staff, Mayor's Office, was present on behalf of Mayor Pete Buttigieg, and joined the Board in congratulating and thanking the newly appointed Chief. POLICE DEPARTMENT ACCEPT AND APPROVE RECOMMENDATION OF POLICE SELECTION PANEL Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the recommendation of Police Chief Charles Hurley and the Police Selection Panel that Kayla Marie Dawson be accepted for employment as a probationary police officer with the South Bend Police Department was approved. SWEARING IN OF POLICE OFFICERS - Kayla Marie Dawson Mr. John Voorde, City Clerk, was present and administered the Oath of Office for the swearing in of the above officer. The Board of Safety joined Chief Hurley in congratulating the newly sworn in officer and wishing her well in her endeavors with the South Bend Police Department. ACCEPT AND APPROVE PROMOTION — PATRICK HECKLINSKI In a letter to the Board, Chief Charles Hurley recommended that Sergeant Patrick Hecklinski be promoted to the rank of Lieutenant in Special Assignment in Crime Prevention, effective August 15, 2012. Chief Hurley stated in his letter that Sergeant Hechlinski was sworn on the department on April 11, 1990 and was assigned to the Uniform Patrol Division before being transferred to Crime Prevention. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommended promotion was accepted. Mr. Mike Schmuhl, Chief of Staff, Mayor's Office, pinned Sergeant Hecklinski's badge on him and joined the Board in congratulating Lieutenant Hecklinski. FIRE DEPARTMENT APPROVE REVISIONS TO DUTY MANUAL In a letter to the Board, Fire Chief Stephen Cox requested the Board approve revisions to the South Bend Fire Department Duty Manual Sections 300.00 regarding Rules of Conduct — Tattoo Policy; Section 404.01 regarding Social Media; and Section 204.04 regarding Decorum in the Quarters. Ms. Beachkofsky noted that Section 300.00, Rules of Conduct — Tattoo Policy, was pulled from the Duty Manual until enforceable revisions could be made. There being no further discussion, a motion to accept the Chief's recommended changes, minus Section 300.00, was made by Mr. Miller, seconded by Mr. Collins and carried. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — JULY 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for the month of July, 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: 1 1 REGULAR MEETING AUGUST 15, 2012 62 July July 2011 2012 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $326,221.00 $83,201.00 INSPECTIONS (Fire Prevention /Ins ection Bureau) 131 Inspections 207 Inspections 98 Re-Inspections (69 Re-Ins ections) INVESTIGATIONS (Police /Fire Arson Bureau) 35 20 Investigations Investigations 9 3 Arson Arsons POLICE DEPARTMENT FILING OF CHARGES NO. 2012 -06— MICHAEL VANVYNCKT In a letter to the Board, Police Chief Charles Hurley requested the Board assess disciplinary action against Patrolman Michael VanVynckt consisting of a letter of reprimand to be placed in his personnel file and a thirty (30) calendar day suspension from duty without pay. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman VanVynckt. FACTUAL ALLEGATIONS During the course of an investigation on May 16, 2012 Patrolman VanVynckt took and collected photographs on his Departmental assigned camera for the sole purpose of evidence and case documentation. In addition to those photographs Patrolman VanVynckt was authorized to take, Patrolman VanVynckt took two (2) additional photographs on his personal cellular telephone which he then transmitted to a civilian who had no legal purpose or authorization to receive said images. CHARGES COUNTI For his actions of taking unauthorized photographs on his personal cellular telephone on May 16, 2012 and subsequently transmitting said photographs to a civilian who had no legal purpose or authorization to receive said images, Patrolman VanVynckt acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman VanVyckt's actions are conduct unbecoming of an officer in violation of I.C. 36- 8- 3- 4(b)(2)(B)(G)and (H) and the South Bend Police Department Duty Manual, Section 302.00 (A)(2)(46) entitled Rules of Conduct, which state: A. Officers 2. Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 46. Shall turn in all evidence and property in accordance with the Departmental procedures. ACCEPT AND APPROVE APPLICATION FOR RETIREMENT — SCOTT ROSS In a letter to the Board, Chief Charles Hurley submitted the Application and Declaration for Retirement for Patrolman First Class Scott Ross, effective August 14, 2012. In his letter, Chief Hurley noted that Patrolman Ross has served the Department with loyalty and distinction during the last twenty -one (2 1) years, nine (9) months and nineteen (19) 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 application for retirement was accepted and approved. REGULAR MEETING AUGUST 15, 2012 63 ACCEPT AND APPROVE REQUEST FOR PAID EXTENDED MEDICAL LEAVE — MICHAEL CRITCHLOW In a letter to the Board, Chief Charles Hurley, stated that Sergeant Michael Critchlow requests the Board grant him a paid extended medical leave of approximately thirty -four (34) calendar days from August 14, 2012 to September 16, 2012. Chief Hurley noted that Sergeant Critchlow was not eligible for the sick buy -back in 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommendation that the paid, extended medical leave be approved was accepted. ACCEPT RECOMMENDATION FOR EMPLOYEES OF THE MONTH — APRIL MAY AND JUNE 2012 — KELLY HIBBS, KEN RYAN, AND JAMIL ELWAER Chief Charles Hurley stated that Patrolman First Class Kelly Hibbs was selected as Employee of the Month for April, 2012; Patrolman First Class Ken Ryan was selected as Employee of the Month for May, 2012; and Patrolman First Class Jamil Elwaer was selected as Employee of the Month for June, 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. There being no further discussion, President Cottrell stated the Board would accept the Chief's recommendation. FILING OF SECOND QUARTERLY REPORT FOR SPECIALIZED TRAINING — APRIL MAY JUNE 2012 Captain David Hecklinski, Director of Training, South Bend Police Department, submitted to the Board a written Quarterly Report for Specialized Training for the period of April, May and June 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 Report for Specialized Training as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — JULY 2012 President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of July 2012, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: PRIVILEGE OF THE FLOOR Battalion Chief, Mark Catanzarite, stated the Firefighter's wished to thank the Police Department for their quick action at a shooting scene this past weekend. He noted that lives were saved due to their fast thinking. Police Chief Hurley thanked him for that and stated he appreciated all that the Fire Department does for the Police Department also. Mr. John Collins asked what the Board could do without crossing the line, to let the citizens of our community know that our streets are safe. He noted the crime that has been occurring locally is just a reflection of a national trend. Mr. Collins stated he would like to know what the Board of Safety could do to emphasize that. He noted that only the negative disciplinary issues make the news. Chief Hurley stated it's significant that there is a 17% decrease in crime overall, and the random acts of crime tend to make the news. Ms. Beachkofsky stated she could work with the Communication's Director in the Mayor's office to see what can be done to get the word out. Mr. Miller stated that most of the crimes are not "random acts "; the victims usually know each other. He noted he also grew up in South Bend and it is a safe community. Mr. Collins stated he grew up on the West side and has no intention of moving. F� 1 1 JULY JULY YEAR TO DATE PART I OFFENSES 2011 2012 CHANGE JUI (12) CHANGE MURDER 1 1 0 6 9 + 3 RAPE 8 3 - 5 37 25 - 12 ROBBERY 52 33 - 19 222 165 - 57 AGGRAVATED ASSAULT 28 23 - 5 150 130 - 20 BURGLARY RESIDENT 194 135 - 59 912 747 - 165 BURGLARY NON RESIDENT 104 31 - 73 318 264 - 54 LARCENY 340 233 - 107 1945 1647 - 298 MOTOR VEHICLE THEFT 49 33 - 16 198 174 - 24 ARSONS 9 3 - 6 29 19 - 10 GRAND TOTAL 785 495 - 290 3817 3180 - 637 PRIVILEGE OF THE FLOOR Battalion Chief, Mark Catanzarite, stated the Firefighter's wished to thank the Police Department for their quick action at a shooting scene this past weekend. He noted that lives were saved due to their fast thinking. Police Chief Hurley thanked him for that and stated he appreciated all that the Fire Department does for the Police Department also. Mr. John Collins asked what the Board could do without crossing the line, to let the citizens of our community know that our streets are safe. He noted the crime that has been occurring locally is just a reflection of a national trend. Mr. Collins stated he would like to know what the Board of Safety could do to emphasize that. He noted that only the negative disciplinary issues make the news. Chief Hurley stated it's significant that there is a 17% decrease in crime overall, and the random acts of crime tend to make the news. Ms. Beachkofsky stated she could work with the Communication's Director in the Mayor's office to see what can be done to get the word out. Mr. Miller stated that most of the crimes are not "random acts "; the victims usually know each other. He noted he also grew up in South Bend and it is a safe community. Mr. Collins stated he grew up on the West side and has no intention of moving. F� 1 1 REGULAR MEETING AUGUST 15, 2012 64 ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 9:56 a.m. 1 AT ST: 4nda M4Mai , Cl rk 1 1 BOARD OF PUBLIC SAFETY Patrick Cottrell, Presi nt G aura A. Vasquez, Mem er Eddie Miller, Member Jo ollins, Member Luther Taylor, Membe