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HomeMy WebLinkAbout09/19/12 Board of Public Safety MinutesAGENDA REVIEW SESSION SEPTEMBER 1.9, 2012 65 The Board of Public Safety met in the Public Agenda Session at 8:10 a.m. on Wednesday, September 19, 2012, with Board President Patnek 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, under the Police Department, of a letter from the Common Council to the Board of Safety. She stated the letter is regarding ongoing litigation and will therefore be discussed in the Executive Session. Also added to the agenda under the Fire Department was the acceptance of, and request for, continuance of a grievance. Board members discussed the following items from the agenda: - 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 dec.-case in property damage this year. He stated the Fire Department is monitoring these numbers to see if it is an anomaly due to a large number of commercial fires last year, or if the changes made recently to the Department's response districts have had an impact on lowering property damage. The Chief noted it is probably too soon for that change to show an impact, but they are monitoring the statistics closely. - Monthly Statistical Analysis — Police Department Chief Charles Hurley stated that all crime is down except murder, which, unfortunately, is up slightly. He noted the bad news this last month is the number of young people included in the murder statistics. Acceptance of and Request for Continuance of Grievance — Fire Department Ms. Beachkofsky stated Attorney Tom Dixon had filed a grievance on August 15, 2012, on behalf of Firefighter Shawn Kuminecz. Since the grievance was received, Mr. Dixon contacted her and on behalf of the Firefighter's Association Local No. 362 Union, requested that the grievance be continued until the Board of Safety's next meeting to allow time to provide supplemental paperwork to aid the Board in its review of this matter. Ms. Beachkofsky stated the City has no problem with continuing it and the Board will need to make a determination. Change to Duty Manual — Police Department Chief Hurley questioned Ms. Beachkofsky if the Duty Manual changes would go into effect immediately. Ms. Beachkofsky stated the Duty Manual changes would be effective immediately, and the General Orders would be enacted twenty (20) days after. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:20 a.m. BOARD OF PUBLIC SAFETY Patrick D A. Vasquez, Member Eddie Miller, Member J ollins, Member Luther Taylor, Member / T- EST: Linda M .Martin, Clerk EXECUTIVE SESSION SEPTEMBER 19 2012 66 The Board of Public Safety met in the Executive Session on Wednesday, September 19, 2012 at 8:23 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) (b), and 6(A), and 19 regarding Disciplinary Action and Initiating Litigation. 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 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 9:18 a.m. BOARD OF PUBLIC SAFETY Patrickl.,Cottrell, A. Vasquez,-Member Eddie Miller, Member Jo ollins, Member Luther Taylor, Member A TEST: i da M. Martin, Clerk REGULAR MEETING SEPTEMBER 19 2012 The Board of Public Safety met in the Regular Meeting at 9:22 a.m. on Wednesday, September 19, 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 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, Police Selection Panel, Executive Session, and Regular Meetings of the Board held on August 15, 2012 as presented. ADDITIONS TO THE AGENDA Mr. Cottrell noted that in the Agenda Review Session, the Board added to the Police Department a Letter from the City Council to the Board, and to the Fire Department a Request for Continuance of a Grievance. He stated they were now also adding a Request for Extension of Medical Leave for the Police Department POLICE DEPARTMENT FILING OF CHARGES NO. 2012 -07— JACK STILP In a letter to the Board, Police Chief Charles Hurley requested the Board assess disciplinary action against Patrolman Jack Stilp consisting of a letter of reprimand to be placed in his personnel file and a ten (10) calendar day suspension from duty without pay. Upon a motion by Ms. Vasquez, seconded REGULAR MEETING SEPTEMBER 19, 2012 67 by Mr. Collins and carried, the Board accepted the Chief's recommendation and the following Charges were approved to be served upon Patrolman Stilp. FACTUAL ALLEGATIONS On Wednesday, May 23, 2012, ABC 57 News arrived at Patrolman Stilp's home wanting to ask him questions about an Officer's Report that he filled out regarding a phone conversation between Tim Corbett and himself. After speaking with the news reporter Patrolman Stilp gave the reporter a copy of the officer's report which is an official police document. Patrolman Stilp violated Departmental policy as it relates to the release of Departmental information to the media. Officer Stilp went "on camera" with the local media outlet ABC 57 on the afternoon/evening of May 23, 2012. In that interview which did air on the May 23, 2012 nightly news, he discussed the contents of an officer's report that he prepared and submitted through his chain of command on May 11, 2012. The contents of said report concerned atelephone conversation Officer Stilp received from Timothy Corbett on or about April 24, 2012. In addition to speaking publicly to the media, Officer Stilp provided a copy of his Departmental officer's report to the reporter. CHARGES For his aforementioned actions, Patrolman Stilp acted in a manner which reflects unfavorably upon him and upon the South Bend Police Department. As such, Patrolman Stilp's actions are conduct unbecoming of an officer in violation of T.C. 36- 5- 3- 4(b)(2)(B)(G)and (H) and the South Bend Police Department General Order entitled Public Information, Section 11 Personnel Authorized to Speak to the Media. SET HEARING FOR CHARGES NO. 2012 -05 - CHRISTOPHER BORTONE In a letter to the Board, Attorney Andrea Beachkofsky stated that she spoke to Mr. Andrew Duncan, Mr. Bortone's attorney, and they have agreed to set the Hearing of Charges 2012 -05 for October 25, 2012, at 9.00 a.m. in the Common Council. Chambers, 4th Floor, County -City Building. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board approved the setting of the Hearing as outlined above. APPROVE DUTY MANUAL CHANGES In a letter to the Board, Attorney Andrea Beachkofsky requested, on behalf of the Chief of Police and the City of South Bend, that the Board approve the addition to the South Bend Police Department Duty Manual, a new policy addressing the City's installation of the VOIP telephone system and its recording capabilities. She noted the same policy should be issued as a General Order by the Chief of Police, Charles Hurley. There being no further discussion, a motion to accept the Chief's recommended changes to the Duty Manual and the General Orders was made by Ms. Vasquez, seconded by Mr. Collins and carried. ACCEPT AND APPROVE PROMOTION JAMES MAXEY In a letter to the Board, Chief Charles Hurley recommended that Patrolman First Class James Maxey be promoted to the rank of Sergeant in Special Assignment in the Street Crimes Unit, effective September 19, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommended promotion, effective September 19, 2012, was accepted and the promotion approved. Chief Hurley presented Sergeant Maxey with his pin and stated he is highly respected in the Department and it is a pleasure to present this promotion. ACCEPT AND APPROVE RESIGNATION _ BRIAN MEADOR In a letter to the Board, Chief Charles Hurley advised he is in receipt of a letter of resignation from Patrolman First Class Brian Meador in which he tenders his resignation from the South Bend Police Department, effective September 19, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the letter of resignation was accepted and approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2012 Chief Hurley stated although he is pleased to see an 1$% decrease overall in Part 1 crimes, it is disturbing the number of murders and number of young lives involved. He noted he is asking the Community and parents for help in addressing this problem. President Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of August 2012, as submitted by the Police Department, would be accepted for filing. There REGULAR MEETING SEPTEMBER 19 2012 68 being no objections, the following report was accepted for filing: APPROVE BOARD ATTORNEY TO DRAFT RESPONSE LETTER TO COMMON COUNCIL Mr. Cottrell stated that the Board of Safety received a letter from the Common Council regarding a case currently in litigation. Mr. Cottrell. stated after review of the request, the Board has asked the Assistant City Attorney, Ms. Beachkofsky to draft a response letter. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board approved for Ms. Beachkofsky to draft a response letter stating the Board will take action only after a decision is made by the Federal and Circuit Courts on this matter. APPROVE REQUEST FOR PAID MEDICAL LEAVE — ROSA ALVAREZ In a letter to the Board, Chief Charles Hurley, stated that Patrolwoman Rosa Alvarez requests the Board grant her a paid medical leave of approximately forty -two (42) calendar days from September 29, 2012, to November 9, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the paid, extended medical leave was approved effective September 29, 2012. FIRE DEPARTMENT FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for the month of August, 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox stated the volume of fires is consistent with 2011, and actually the exact numbers of fires, but property damage decreased dramatically. He noted the hope is that policies put in place recently are having an effect. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: August 2011 $300,000.00 339 Inspections 315 Re- Inspections 21 Investigations I Arson STRUCTURE FIRES Property Damage -- Buildings & Contents INSPECTIONS August 2012 $94,550.01 Bureau) 240 Total Inspections (71 Re- Inspections) INVESTIGATIONS lice /Fire Arson Bureau PA I Arsons APPROVE CONTINUANCE OF GRIEVANCE In a letter to the Board, Attorney Andrea Beachkofsky stated that Mr. Tom Dixon, Esq., has submitted a grievance to the Board of Public Safety on behalf of the Union and Firefighter Shawn Kuminecz. At this time, she noted, the Union has requested that the Board's review of the grievance be continued until the next regularly scheduled meeting of the Board of Public Safety to allow time AUUUNT AUGUST DATE PART I OFFENSES 2011 2012 CHANCE MURDER 1 2 4 1 RAPE 7 5 265 2 ROBBERY 43 24 157 19 AGGRAVATED ASSAULT 32 27 - 183 BURGLARY RESIDENT 151 133 - - 5 18 BURGLARY NON 398 231 189 RESIDENT 66 66 22 0 LARCENY 365 265 100 MOTOR VEHICLE THEFT 33 15 - 18 ARSONS 1 3 GRAND TOTAL 699 54Q - 2 159 APPROVE BOARD ATTORNEY TO DRAFT RESPONSE LETTER TO COMMON COUNCIL Mr. Cottrell stated that the Board of Safety received a letter from the Common Council regarding a case currently in litigation. Mr. Cottrell. stated after review of the request, the Board has asked the Assistant City Attorney, Ms. Beachkofsky to draft a response letter. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board approved for Ms. Beachkofsky to draft a response letter stating the Board will take action only after a decision is made by the Federal and Circuit Courts on this matter. APPROVE REQUEST FOR PAID MEDICAL LEAVE — ROSA ALVAREZ In a letter to the Board, Chief Charles Hurley, stated that Patrolwoman Rosa Alvarez requests the Board grant her a paid medical leave of approximately forty -two (42) calendar days from September 29, 2012, to November 9, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the paid, extended medical leave was approved effective September 29, 2012. FIRE DEPARTMENT FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for the month of August, 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox stated the volume of fires is consistent with 2011, and actually the exact numbers of fires, but property damage decreased dramatically. He noted the hope is that policies put in place recently are having an effect. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: August 2011 $300,000.00 339 Inspections 315 Re- Inspections 21 Investigations I Arson STRUCTURE FIRES Property Damage -- Buildings & Contents INSPECTIONS August 2012 $94,550.01 Bureau) 240 Total Inspections (71 Re- Inspections) INVESTIGATIONS lice /Fire Arson Bureau PA I Arsons APPROVE CONTINUANCE OF GRIEVANCE In a letter to the Board, Attorney Andrea Beachkofsky stated that Mr. Tom Dixon, Esq., has submitted a grievance to the Board of Public Safety on behalf of the Union and Firefighter Shawn Kuminecz. At this time, she noted, the Union has requested that the Board's review of the grievance be continued until the next regularly scheduled meeting of the Board of Public Safety to allow time YEAR TO DATE 11 I2 CHANGE 7 11 4 44 30 776 14 265 189 182 157 25 1063 880 - 183 384 330 54 2310 1912 398 231 189 42 30 22 8 4516 3720 796 APPROVE BOARD ATTORNEY TO DRAFT RESPONSE LETTER TO COMMON COUNCIL Mr. Cottrell stated that the Board of Safety received a letter from the Common Council regarding a case currently in litigation. Mr. Cottrell. stated after review of the request, the Board has asked the Assistant City Attorney, Ms. Beachkofsky to draft a response letter. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board approved for Ms. Beachkofsky to draft a response letter stating the Board will take action only after a decision is made by the Federal and Circuit Courts on this matter. APPROVE REQUEST FOR PAID MEDICAL LEAVE — ROSA ALVAREZ In a letter to the Board, Chief Charles Hurley, stated that Patrolwoman Rosa Alvarez requests the Board grant her a paid medical leave of approximately forty -two (42) calendar days from September 29, 2012, to November 9, 2012. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the paid, extended medical leave was approved effective September 29, 2012. FIRE DEPARTMENT FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for the month of August, 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox stated the volume of fires is consistent with 2011, and actually the exact numbers of fires, but property damage decreased dramatically. He noted the hope is that policies put in place recently are having an effect. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: August 2011 $300,000.00 339 Inspections 315 Re- Inspections 21 Investigations I Arson STRUCTURE FIRES Property Damage -- Buildings & Contents INSPECTIONS August 2012 $94,550.01 Bureau) 240 Total Inspections (71 Re- Inspections) INVESTIGATIONS lice /Fire Arson Bureau PA I Arsons APPROVE CONTINUANCE OF GRIEVANCE In a letter to the Board, Attorney Andrea Beachkofsky stated that Mr. Tom Dixon, Esq., has submitted a grievance to the Board of Public Safety on behalf of the Union and Firefighter Shawn Kuminecz. At this time, she noted, the Union has requested that the Board's review of the grievance be continued until the next regularly scheduled meeting of the Board of Public Safety to allow time REGULAR MEETING SEPTEMBER 19, 2012 69 for the grievant to forward supplemental paperwork to aid the Board in its review of this matter. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor, and carried, the Board accepted the letter and approved the request of continuance of the grievance until the next regular Board of Safety meeting. ADJOURNMENT There being no further business to come before the Board, President Cottrell declared the meeting adjourned at 9:39 a.m. BOARD OF PUBLIC SAFETY Patrick 1�Cottrel , President Laura A. Vasquez, Member Eddie Miller, Member Jo n Collins, Member Luther Taylor, Member ATTEST: t nda M, Martin, lerlc