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HomeMy WebLinkAbout01202021 Board of Public Safety MeetingJANUARY 20, 2021 1 I. EXECUTIVE SESSION The Board of Public Safety met in the Executive Session on Wednesday, January 20, 2021 at 8:38 a.m. The meeting was held virtually for the purposes specified in I.C.5-14-1.5-6.1(b)(6)(A) regarding Disciplinary Action. Board Members Eddie Miller, Luther Taylor, Daniel Jones, and Daryll Heller were present. Board Member Melissa Colpitts was absent. Also present was Attorney Danielle Weiss. At 8:53 a.m. Chief Ruszkowski and Attorney Geovanny Martinez joined to discuss disciplinary action. The session ended at 9:17 a.m. BOARD OF PUBLIC SAFETY Eddie Miller, Member Luther Taylor, Member _________________________________ Daniel Jones, Member ______________________________ Daryll Heller, Member ATTEST: ___________________________ Anne Fuchs, Clerk II.REGULAR MEETING JANUARY 20, 2021 The Board of Public Safety met in the Regular Meeting at 9:23 a.m. on Wednesday, January 20, 2021, with Board Members Eddie Miller, Luther Taylor, Daniel Jones, and Daryll Heller present. Board member Melissa Colpitts was absent. Also present were Police Chief Scott Ruszkowski, Fire Chief Carl Buchanon and Attorneys Danielle Weiss, Geovanny Martinez, and Jeff Haupt. Board Clerk Anne Fuchs was also present. The meeting was held virtually via Microsoft Teams at the following link: https://tinyurl.com/BPS01202021. Attorney Weiss asked that everyone mute their microphone when not speaking and reminded attendees that comments from the public should be saved for the Privilege of the Floor portion of the meeting. Attorney Weiss then read through the agenda to note any additions or corrections. She noted an amendment to Agenda Item D(7), Approve Lexipol Policy Updates, stating the word “Approve” should be replaced with “Receive” to accurately reflect that the Board is receiving these policies today and will be informed about changes and updates; the Board is welcome to ask questions but will not be asked to approve these policies until the February regular agenda. There being no 2021 Board President at this time, Attorney Weiss called roll and confirmed the presence of Board Members. A. ELECT 2021 BOARD PRESIDENT Upon a motion by Mr. Miller, seconded by Mr. Jones, and carried by roll call, the Board elected Mr. Luther Taylor 2021 Board President. Attorney Weiss congratulated Mr. Taylor on his new role. Mr. Taylor thanked the Board for their confidence and promised he would give his best to this Board. B. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Mr. Jones, seconded by Mr. Miller and carried by roll call, the Board approved the Minutes of December 16, 2020 as presented. C. APPROVE REVISED BOARD OF PUBLIC SAFETY ADMINISTRATIVE HEARING RULES AND PROCEDURES Attorney Weiss clarified that these Rules and Procedures had not been updated in many years and that the updates made included “clean-up” edits such as added Indiana Code citations, formatting and word clarifications, email was added as a service option, and retired attorneys in good standing were added as eligible to serve as Hearing Officers, should the JANUARY 20, 2021 2 Board choose. Mr. Taylor thanked Attorney Weiss for the updates and clarifications for the Board. Upon a motion by Mr. Miller, seconded by Mr. Heller and carried by roll call, the Board approved the revised Board of Safety Administrative Hearing Rules and Procedures. D. POLICE DEPARTMENT 1.PRESENTATION OF UPDATED DRAFT USE OF FORCE POLICY FOR BOARD REVIEW Mayor Mueller was present and addressed the Board. He congratulated President Taylor on his new role. He shared his optimism about the most recent version of the Use of Force Policy, which incorporates the results of the public input meeting that occurred just before the Board’s last meeting. He hopes the policy will be ready for approval at the next Board meeting. He highlighted some of the changes between December and now, which include an added definition of “reasonableness” in accordance with the ruling in Graham v. Connor, which continues to be a source of consternation for the community as a legal standard, over which we cannot prevail as a City and are accepting as a basis for the policy. The Mayor also noted the original Use of Force Policy that we have been working on was a Lexipol policy, as well as the other Lexipol policies we are updating, which are based off cutting-edge case law; he noted that similarly to their review of the Use of Force Policy, Board members should flag items that may be problematic from a community perspective for further discussion. The Mayor added that other updates include explicit mention of crisis intervention, de-escalation, objective standards for rare cases in which deadly force may need to be used and subject does not have a weapon; the perception of the capacity of someone who could cause bodily harm without a weapon needed to be tied to an objective standard, as well as the addition of an explicit duty for officers to monitor individuals for medical intervention after the uses of force. Other highlights of the policy the community is excited about include explicit mention that deadly force is meant to be used as a last resort; concepts of use of force when necessary, and when used must be proportional to overcome threat; duty to intercede and report; and emphasis on and examples of de-escalation as the preferred means of policing our community. Other items the community raised for further discussion include data collection and reporting. The Mayor asked if there were any questions. Mr. Taylor thank ed the Mayor and said he looked forward to further review. Mr. Heller requested copies with tracked changes, which Attorney Weiss ensured he would receive those following the meeting. 2.APPROVE RE-HIRING OF PATROLMAN 2ND CLASS – CHRISTOPHER VOROS Police Chief Scott Ruszkowski submitted a letter notifying the Board that retired Officer Christopher James Voros has asked to return to the South Bend Police Department and has completed the examination and testing process; Chief requested the Board’s approval to allow Mr. Voros to be re-sworn in as a Patrolman 2nd Class. Mr. Miller remarked on Mr. Voros’ community work and welcomed him back to the Department. Mr. Heller confirmed there were no legal barriers to Mr. Voros rejoining the force, which Chief Ruszkowski confirmed there were not. There being no additional questions, Mr. Jones moved to approve the re-hiring, which was seconded by Mr. Miller and carried by roll call. 3.SWEARING-IN OF PATROLMAN 2ND CLASS – CHRISTOPHER VOROS Officer Chris Brady provided a brief biography of Christopher Voros, highlighting his experience, training, and community involvement. City Clerk Dawn Jones administered the oath. The Board and City Clerk congratulated Officer Voros on his return to the Department. 4.APPROVE PROMOTION TO PATROLMAN 1ST CLASS – JOSEPH COLE Police Chief Scott Ruszkowski submitted a letter to the Board requesting approval of the promotion of Officer Joseph Cole from the rank of Patrolman 2nd Class to Patrolman 1st class. Chief Ruszkowski noted that Officer Cole returned to the SBPD after realizing that JANUARY 20, 2021 3 he should have never left the Department. Upon a motion by Mr. Miller, seconded by Mr. Jones, and carried by roll call, the promotion was approved. 5.(a) APPROVE APPLICATION AND DECLARATION FOR RETIREMENT – LIEUTENANT PHILIP TRENT Police Chief Scott Ruszkowski submitted to the Board the Application and Declaration for Retirement for Lieutenant Philip Trent effective January 18, 2021. Chief Ruszkowski stated he is retiring from the department in good standing after serving for thirty-three (33) years. He joined the Board in wishing him success in his future endeavors and thanking him for his many years of service with the South Bend Police Department. Upon a motion made by Mr. Heller, seconded by Mr. Miller, and carried by roll call, the application and declaration for retirement was approved. (b) APPROVE APPLICATION AND DECLARATION FOR RETIREMENT – SERGEANT BLAIR FLEMING Police Chief Scott Ruszkowski submitted to the Board the Application and Declaration for Retirement for Sergeant Blair Fleming effective February 10, 2021. The Chief stated he would submit an amended letter, as the current version did not have the correct date. Chief Ruszkowski stated Blair Fleming is retiring from the department in good standing after serving for twenty-seven (27) years. He joined the Board in wishing him success in his future endeavors and thanking him for his many years of service with the South Bend Police Department. Mr. Jones commented on the length of service and the positive reflection such a duration is upon the Department. Upon a motion made by Mr. Heller, seconded by Mr. Miller, and carried by roll call, the application and declaration for retirement, pending receipt of an amended letter, was approved. 6.APPROVE CHIEF’S LETTER RECOMMENDING DISCIPLINARY ACTION – OFFICER JAMES SWEENEY In a letter to the Board, Police Chief Scott Ruszkowski recommended disciplinary action in the form of a fifteen (15) day suspension of Officer James Sweeney, in accordance with the Discipline Matrix. In response to a question from Chief Ruszkowski, Attorney Weiss confirmed that this record is subject to public disclosure and that the reasons for the discipline were enumerated in the letter. Mr. Heller inquired regarding Officer Sweeney’s prior disciplines, and Chief Ruszkowski confirmed that former disciplines from 2000, 2002, and 2011, and associated corrective actions were administered. Chief Ruszkowski incorporated these aggravating and mitigating factors in his discipline, per the Matrix. Mr. Heller confirmed that Officer Sweeney did not request a hearing before the Board; Chief confirmed this is correct. Upon a motion by Mr. Jones, seconded by Mr. Miller, and carried by roll call, the Letter Recommending Disciplinary Action was approved. 7.RECEIVE LEXIPOL POLICY UPDATES Attorney Weiss clarified that this agenda item should be revised to state “Receive” Lexipol Policy Updates, rather than to “Approve” them, as the Board will need to ask questions and review the policies before approving. Attorney Martinez referred the Board to the “Digest” provided to them, which summarizes the changes made to each policy. Mr. Taylor began reading the names of the revised policies, and Mr. Heller asked questions specific to some of the policies: 301.3.3: Restraint of Juveniles: Age was changed from 10 to 14; why was that change made? Chief Ruszkowski and Attorney Martinez noted the policy change was due to a change in law. 301.7: Required Documentation: Mr. Heller inquired about the definition of Code 1 and Code 2. Chief Ruszkowski explained that a Code 1 is an informal report, noted in the comments section as well as a form that is internal. For lack of a better term, Code 1 is “unarrested.” City Legal and Internal Affairs are notified. Code 2 report is a formal report. Attorney Martinez noted this keeps our department in line with national best practices. Mr. Heller then asked about the amount of time a person is restrained having been removed from reports; Chief Ruszkowski said that he suggested this removal due to in-car cameras and body cameras and the requirement to notify dispatch from the time “10-12,” meaning arrest, or that a person is detained or in custody, from the time they are transported to jail. This information is all documented via technology and verbally via radio which is also time JANUARY 20, 2021 4 stamped. Mr. Heller then asked if it was just not necessary because that is being captured already. Chief Ruszkowski said that was one of the conundrums faced during 21CP discussions, because on one side 21CP pointed out the City has an enormous amount of reporting requirements and on the flip side there is not enough reporting. Chief indicated he is trying to find the middle ground. He shared that based on his position and personal experience, this language is a four- or five-time redundancy. Mr. Heller said he had no more questions for that section. 309: Canines: Mr. Heller had one or two questions on education. In Section 309.4, the change was from a uniform division to patrol division, and Mr. Heller wanted to know if these terms were synonymous. Chief Ruszkowski responded in the affirmative, stating that a lot of that is wording changes to get up to speed. 309.7: Apprehension Guidelines: Mr. Heller stated the wording was changed from “arrestable offense” to “serious offense” and asked for clarification regarding how serious offense is being defined. Attorney Martinez responded that it falls in line with the investigative nature of the call and the officers are trying to determine probable cause and this falls in line with the apprehension guidelines at how to and what point do you deploy a K-9 and what considerations do you take into account when making that determination. At that point probable cause may still be developing as opposed to fully developed, that is why that language is important. Mr. Heller asked if there was a way to objectify “serious offense.” Attorney Martinez stated that would be something the Courts litigate each and every day and that is why Graham v. Connor referring to the use of force is applicable because what constitutes reasonable in one case may be totally unreasonable in another case. Chief Ruszkowski also added that the intent was to raise the threshold for use of a K-9. 309.8.2: Narcotics Detection: Mr. Heller inquired whether or not the phrase “probable cause” that is noted in Section C should not be added to Section A as well? Attorney Martinez said that the use of a K-9 in (A) could be just for patrolling purposes whereas in (C) it is more specific to an applicable circumstance where probable cause is necessary for building up a case or in support of a case. Mr. Heller had no more questions for this section. 318: Victims and Witness Assistance: No questions or comments. 420.4: Pat Down Searches: Mr. Heller inquired about the definition of “officer’s safety risk.” Is that at the officer’s discretion? Chief Ruszkowski responded that a reason needs to be articulated why that person poses a safety risk to the officer. 420.6.2: Factors When Establishing a Reasonable Suspicion to Frisk: Letter C: The Person’s Actions: Mr. Heller is asking since these are subjective, are there any safeguards in place against implicit bias? Attorney Martinez responded the officer must consider all factors listed in Letter C and stated that context is absolutely critical and that is why these factors are not exclusive and no officer can latch on to one particular factor because ultimately they will be judged on the totality of the circumstance and level of objective reasonableness. Dr. Heller clarified that the officer must be able to articulate this very clearly within the context. Attorney Martinez further clarified that reasonable suspicion is the starting point from which probable cause is built, and that criminal encounters are along a continuum. There were no more questions for this section. 429: Medical Aid and Response: No questions or comments. 433.4.1: Chain of Command: Mr. Heller is asking whether or not this “agreement for services” is a public document? Attorney Martinez states that if it is a written agreement between the school and the local Police Department then the answer is yes. 433.6: Training: Mr. Heller asked why training is not a requirement for assignment? Why is training delayed? Chief Ruszkowski responded that they still have an FTO process they go through with a seasoned SRO and that is based on Indiana Law Enforcement Academy’s availability as to when they can put on the FTO class. It is a shadowing component until they can get the training and certification. No further questions on this section. 504: Operating While Intoxicated: No questions or comments. JANUARY 20, 2021 5 602: Asset Forfeiture: No questions or comments. 606: Unmanned Aerial System: No questions or comments. 801: Property and Evidence: No questions or comments. 803: Records Maintenance and Release: No questions or comments. 1000: Recruitment and Selection: No questions or comments. 1002: Anti-Retaliation: No questions or comments. 1003: Reporting of Arrests, Convictions, and Court Orders: No questions or comments. 1006: Communicable Diseases: No questions or comments. 1007: Personnel Complaints: No questions or comments. 1010: Personnel Records: No questions or comments. 1026: Illness and Injury Prevention: No questions or comments. 8.FILING OF QUARTERLY TRAINING AND TRAVEL REPORT FOR SPECIALIZED SCHOOLS – OCTOBER, NOVEMBER, AND DECEMBER 2020 Chief Ruszkowski stated the attached specialized school training travel reports for October, November, and December 2020 for South Bend Police Department are in the amount of $12,516.00. He clarified that there is no submittal for onsite training and that SBPD only submits when required to be offsite for the training; he also referenced the occasional use of webinars. There being no questions concerning these reports, they were accepted and filed. 9.FILE MONTHLY STATISTICAL ANALYSIS REPORT – NOVEMBER AND DECEMBER 2020 Chief Ruszkowski apologized for being a month behind on the statistics and noted it was due to COVID. He stated overall the Part One Crimes show a 5% decrease, but aggravated assault and homicide continue to show increases. He stated this is unacceptable, in addition JANUARY 20, 2021 6 to significant increases in rape. He reminded the public that violent acts are occurring that should not occur. Mr. Taylor thanked the Chief for his summary and stated that unless there were questions or objections by members of the Board, the statistical analysis reports for the month of November 2020, as submitted by the Police Department, would be accepted for filing. There being no objections, the following reports were accepted for filing: JANUARY 20, 2021 7 E. FIRE DEPARTMENT 1.APPROVE DECLARATION FOR RETIREMENT -FIREFIGHTER JOHN BANACKI Fire Chief Carl Buchanon submitted to the Board the Application and Declaration for Retirement for Firefighter John Banacki effective January 6, 2021. Attorney Weiss clarified that although the agenda read “accept” declaration, the Board would need to approve. The Fire Chief addressed the Board to thank Firefighter Banacki for his loyalty, diligence, and thirty (30) years of service to the Fire Department, since 1991. He remarked on Firefighter Banacki’s attention to detail and diligence in performing his duties. He joined the Board in wishing him success in his future endeavors and thanking him for his many years of service with the South Bend Fire Department. Upon a motion made by Mr. Heller, seconded by Mr. Miller, and carried by roll call, the application and declaration for retirement was approved. 2.ACCEPT LETTER OF RESIGNATION – FIREFIGHTER AARON RANDALL Fire Chief Carl Buchanon submitted to the Board the Letter of Resignation of Firefighter Aaron Randall, effective January 3, 2021. The Chief remarked that Firefighter Randall served the City since November 2007 as a Medic I. He joined the Board in thanking Firefighter Randall for his years of service and in wishing him success in his future endeavors. Mr. Taylor accepted the resignation for filing, on behalf of the Board. 3.SET DATE FOR HEARING – FIREFIGHTER MICHAEL WILLIAMOWSKI Attorney Weiss announced the mutually agreed-upon date for the hearing of Firefighter Williamowski will be February 3, 2021 at 9:00 a.m. The meeting will be held virtually via Microsoft Teams and a meeting link will be made available to the public for viewing. 4.ACCEPT CHIEF’S AMENDED LETTER RECOMMENDING TERMINATION OF RANK OF CAPTAIN IN SPECIAL ASSIGNMENT – MICHAEL WILLIAMOWSKI Attorney Haupt clarified that his hearing will go on, but the upon further review, the Fire Chief and Attorney Haupt have determined that this discipline falls under the forty-eight (48) hour category, rather than the five (5) day category the initial letter defined. This letter clarifies the City’s view on the appropriate timeframe to request a hearing, given the type of discipline involved. 5.FILE MONTHLY STATISTICAL ANALYSIS REPORT – DECEMBER 2020 Fire Chief Buchanon presented the December 2020 Statistical Analysis, noting that structure fires and property damage have increased substantially since 2019 at this time. He thinks the reason is that Fire has been unable to engage in as much in-person fire prevention outreach with the public, and to inspect and advise commercial occupants regarding proper JANUARY 20, 2021 8 maintenance and guidance in the event of fire issues. He noted that residential fires may be related to the additional time that residents are spending at home due to COVID. He asked that we keep in mind that life comes first, property second. There have been property damage losses, but there have been no losses of life. He looks forward to getting back to promoting public education and fire prevention. He noted that steps are being taken virtually, but more is needed. Investigations went up due to the increase in structure fires and that with schools being open less often, there is less interaction with public education. He noted that the Fire Department will continue to try to do more to offset this deficiency. A summary is as follows: PRIVILEGE OF THE FLOOR Attorney Weiss reminded the public that each person who wishes to speak will have three (3) minutes to speak, using the timer, and asked that they please use the hand raising feature to take a turn. Clerk of the Board Anne Fuchs noted that it came to her attention that there were members of the public who missed the first twenty (20) minutes of today’s meeting due to an outdated link on the Board’s website. She apologized for the oversight and noted for the public that this meeting was recorded and will be posted on the City’s website immediately following the session. Andrew Pierce, 1131 East Irvington Ave. was one of the individuals who missed the first twenty minutes of the meeting and apologized for the repeat question, but he missed the presentation on the revisions to the Use of Force Policy and inquired about the use of deadly force mentioned in Policy section 300.4. He was in a community meeting on December 10th and reiterated how the community was concerned about the use of deadly force on suspects who are unarmed. “When the individual is capable of causing serious bodily harm or death without a weapon and is attempting to do so.” He wanted to know if that language has been omitted or modified in response to the community’s concerns from that meeting. Attorney Weiss said that she did not have input on the proposed changes, but Attorney Martinez noted that the concerns brought up at the meeting were taken into consideration when amending the update to this policy, which would be available for public review on the website. ADJOURNMENT There being no further business to come before the Board, upon a motion by Mr. Jones, seconded by JANUARY 20, 2021 9 Mr. Heller and carried by roll call, the meeting was adjourned at 10:48 a.m. BOARD OF PUBLIC SAFETY ATTEST: ______________________ Anne Fuchs, Clerk Eddie Miller, Member Luther Taylor, Member Daniel Jones, Member Daryll Heller, Member