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HomeMy WebLinkAbout08182021 Board of Public Safety Meeting58 I.EXECUTIVE SESSION The Board of Public Safety met in the Executive Session on Wednesday, August 18, 2021 at 8:35 a.m. with Board Members Luther Taylor, Eddie Miller, Daniel Jones, Melissa Colpitts, Darryl Heller, Attorneys Danielle Weiss and Tom Panowicz. The meeting was held virtually via Microsoft Teams for the purposes specified in I.C.5-14-1.5-6.1(b)(6)(A) to receive information concerning alleged misconduct and to discuss before a determination, the individual’s status as an employee. The meeting ended at 9:14 a.m. BOARD OF PUBLIC SAFETY Luther Taylor, President Daniel Jones, Member ______________________________ Melissa Colpitts, Member ______________________________ Darryl Heller, Member ATTEST: ___________________________ Anne Fuchs, Clerk II. REGULAR MEETING August 18, 2021 The Board of Public Safety met in the Regular Meeting at 9:20 a.m. on Wednesday, August 18, 2021, with Board Members Luther Taylor, Eddie Miller, Daniel Jones, Melissa Colpitts, and Darryl Heller present. Also present were Board Attorney Danielle Weiss and Board Clerk Anne Fuchs. The meeting was held virtually via Microsoft Teams at the following link: https://tinyurl.com/BPS08182021 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. With none being noted, the meeting moved forward. Board President Luther Taylor welcomed the public, called roll, and confirmed the presence of Board Members. A.APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Eddie Miller, seconded by Dan Jones and carried by roll call, the Board approved the Minutes of July 21, 2021, as presented. B.POLICE DEPARTMENT 1.APPROVE SWEARING IN OF PROBATIONARY POLICE OFFICERS Chief Ruszkowski submitted to the Board the recommendation that Ryan Steven Bennington, Bradley James Fasnacht Jr., and Bradley Douglas Allen Sadilek be accepted for employment as probationary officers with the SBPD effective August 18. 2021. All three officers have met all requirements and graduated from the South Bend Police Academy on July 23, 2021; therefore, Chief asked the Board to approve the officers to be sworn in. The Board congratulated and welcomed the officers. Upon a roll call, President Taylor stated the REGULAR MEETING AUGUST 18, 2021 59 officers were approved for swearing in. 2. SWEARING IN OF PROBATIONARY OFFICERS Biographies of the officers were provided by Lieutenant Fulnecky highlighting their talents, achievements, education, and interests. City Clerk Dawn Jones administered the oath. The Board and the Clerk congratulated and welcomed Officers Ryan Steven Bennington PN 2318, Bradley James Fasnacht Jr. PN 2319, and Bradley Douglas Allen Sadilek PN 2320 on their employment with the SBPD effective August 18, 2021. 3. APPROVE PROMOTION TO SERGEANT IN THE STRATEGIC FOCUS UNIT FOR KYLE DRURY Chief Ruszkowski submitted a letter requesting the permanent promotion of Kyle Drury to the rank of Sergeant no longer in special assignment effective August 19, 2021. Chief stated this special assignment required several evaluations to be completed for one year to note the progress he was making as a supervisor. Upon a motion made by Melissa Colpitts and seconded by Eddie Miller and carried by a roll call, the promotion to Sergeant was approved. 4. ACCEPT LETTER OF RESIGNATION OF OFFICER KELSEY SHOWERS Chief Ruszkowski submitted the letter of resignation of Officer Kelsey Showers effective August 5, 2021. Officer Showers was sworn in on May 19, 2021 and was still under probationary status, but resigned due to personal reasons. President Taylor stated on behalf of the Board members they accepted her resignation. 5. ACCEPT LETTER OF RESIGNATION OF OFFICER REID SPITAELS Chief Ruszkowski submitted the letter of resignation for Officer Reid Spitaels effective August 19, 2021. Officer Spitales stated his reason for resignation was due to the disbanding of the K-9 Unit. Chief Ruszkowski clarified this statement is untrue and that the K-9 Unit was not disbanded. It was moved over to the Patrol Division due to personnel and resource considerations and assigned per shift. President Taylor thanked Chief for the clarification. Darryl Heller asked if there was any other reason why he resigned. Chief Ruszkowski stated the statement given by Officer Spitaels was untrue regarding the K-9 and to his knowledge there was no other reason for his resignation, nor he has not heard anything regarding this from anybody else. President Taylor stated on behalf of the Board members they accepted Officer Spitaels’ letter of resignation. 6. FILE 2ND QUARTER TRAINING AND TRAVEL REPORT FOR SPECIALIZED SCHOOLS Chief Ruszkowski stated the attached specialized school training travel reports for April, May, and June 2021 for the SBPD are in the amount of $11,322.18. He clarified that this is for off-site schools and training. President Taylor asked if anything stood out or needed to be highlighted. Chief stated they have EVOC training, which is emergency vehicles operation. He said they get a discount since they attend and help instruct the classes. He also stated explosive disposal, “The Bomb Squad” was $65.00. He stated most of the cost is picked up by the government. A few officers did some drug recognition, a refresher course that is mandated by the State. Chief Ruszkowski also stated Counterfeit and Currency is a big program and two officers were sent to that training. He stated they have upcoming trainings that are in-house, including “Implicit Bias Training,” to which the Board members are invited. There being no questions concerning these reports, they were accepted and filed. REGULAR MEETING AUGUST 18, 2021 60 7.FILE MONTHLY STATISTICAL ANALYSIS REPORT – JULY 2021 Chief Ruszkowski noted that in Part One Crimes there was a 15% increase. There was a 25% decrease in arson, 20 % increase in burglaries, and 47% included for Aggravated assault. Chief stated they report the right way and have always reported correctly to the Department of Justice and the FBI. President Taylor thanked Chief Ruszkowski for the update and accepted the monthly report for filing. REGULAR MEETING AUGUST 18, 2021 61 C. FIRE DEPARTMENT 1. APPROVE PROMOTIONS TO CAPTAIN IN SPECIAL ASSIGNMENT (a) Chief Buchanon submitted a letter for the promotion of Captain in Special Assignment for Firefighter Adrian Kaser. Chief stated that a Captains’ list was compiled, and firefighters were ranked to be eligible to fill this position as a Captain in Special Assignment for one (1) year on a probationary status after which they would accumulate four (4) evaluations to determine if they will be recommended for promotion to Captain. Chief stated Firefighter Kaser was appointed to the SBFD on June 13, 2006. He has proven his leadership skills in fire suppression and EMS job functions admirably. He has been assigned to leadership positions within the Fire Department on numerous occasions. Chief Buchanon also noted Adrian is respected by his fellow firefighters and is recommended for this position by his Battalion Chief Brian Koloszar. Chief stated it is his recommendation that Firefighter Kaser be assigned to the position of Captain in Special Assignment effective August 18, 2021, and requested the Board’s favorable action on this recommendation. President Taylor thanked Chief Buchanon and congratulated Firefighter Kaser. Upon a motion by Dan Jones, seconded by Melissa Colpitts and carried by a roll call, the promotion was approved. (b) Chief Buchanon submitted the letter for the promotion of Captain in Special Assignment for Firefighter Ryan Takacs. Chief stated that a Captains’ list was compiled, and firefighters were ranked to be eligible to fill this position as a Captain in Special Assignment for one (1) year on a probationary status, after which they would accumulate four (4) evaluations to determine if they would be recommended for promotion to Captain. Chief stated Firefighter Takacs was appointed to the SBFD on April 13, 2011. He has proven his leadership skills in fire suppression and EMS job functions admirably. Firefighter Ryan Takacs has also been active in military assignment and is a military veteran. He has been assigned to leadership positions within the Fire Department with the most recent being in the Fire Prevention Bureau as the Public Information Officer. Ryan is respected by his fellow firefighters and is recommended by Assistant Chief Gerard Ellis. Chief stated it is his recommendation that Firefighter Takacs be assigned to the position of Captain in Special Assignment, effective August 18, 2021, and requested the Board’s approval. President Taylor thanked Chief Buchanon and congratulated Firefighter Takacs. Upon a motion by Dan Jones, seconded by Melissa Colpitts and carried by a roll call, the promotion was approved. REGULAR MEETING AUGUST 18, 2021 62 2. APPROVE RECOMMENDATION FOR TERMINATION FOR FIREFIGHTER ANDREW DEVREESE Fire Chief Carl Buchanon submitted a letter of recommendation to the Board that Firefighter Andrew Devreese’s employment with The South Bend Fire Department be terminated. He stated on November 7, 2017, Mr. DeVreese signed the “Requirement for Permanent Appointment and Continued Employment as a Member of the SBFD Agreement” and stated a copy has been enclosed for the Board to review. Pursuant to the Agreement, all firefighters are required to achieve certain qualifications as a condition of permanent appointment and continued employment. Chief stated paragraph two states all persons hired shall obtain EMT Advance or comparable certification within three (3) years of date of hire and once that certification is obtained, they agree to maintain that certification as a condition of employment with the SBFD. Firefighter Devreese’s date of hire with The SBFD was August 10, 2018, and with the agreement he had until August 10, 2021, to obtain the EMT Advance or comparable certification, which he has not. Chief Buchanon stated it is his understanding Firefighter Devreese failed to obtain certification after numerous attempts and therefore, his recommendation to the Board is that he is relieved of duty without pay effective August 11, 2021, and that his employment with SBFD is terminated. Chief stated on August 11, 2021, Firefighter Devreese received notice regarding the recommendation of his termination to the Board of Public Safety. Chief Buchanon further explained that member of the SBFD signs this contract and is aware of its timeline. He emphasized the importance of adhering to the contract so that our EMS- based Fire Department ensures it is providing high quality care. President Taylor thanked Chief Buchanon for the overview and stated they regret seeing anyone lose their job, but that the Board takes these requirements seriously. He asked how many attempts Mr. DeVreese had to take the test and whether he had had any assistance in preparing for the test. Chief Buchanon responded that a minimum of seven (7) attempts were made throughout the three (3) year period and that Assistant Chief Andy Meyer made numerous opportunities for assistance available to Mr. DeVreese, and all firefighters, to ensure the requirements are fulfilled. He stated that although the Department makes numerous efforts to assist firefighters in obtaining these certifications, it is ultimately the individual’s responsibility to reach out for more help if it was needed. Melissa Colpitts asked for confirmation that Firefighter DeVreese had received three full years to complete the certification, and Chief Buchanon confirmed that was correct. When asked by Ms. Colpitts how long it takes the average individual to complete the certification, Chief Buchanon responded that although everyone has different abilities, most individuals get this completed in the first year, with an assertive and proactive approach. The three year window is designed to give plenty of room for individuals to ensure they complete this requirement. President Taylor expressed that in his view, once you sign an agreement, you have an obligation to meet its requirements. Given that there were seven attempts, it seems like the Fire Department’s administrative team gave Mr. DeVreese ample opportunities to fulfill his requirements. Firefighter Devreese introduced himself and requested an opportunity to address the Board. Upon a roll call, the Board decided to allow Mr. DeVreese to speak on his own behalf. Firefighter Andrew Devreese thanked the Board Members and stated he has failed to obtain the Advanced EMT Certification after three years of employment. He stated on August 11, 2021, he was given the Recommendation for Termination. On August 13, 2021, he stated he sent a mail document to appeal the recommendation, and at this time after speaking to the mail service, was told it had not reached the Board. He added that the mail service does did not have any answers as to why the mail has not arrived or where it is. He then asked for the Board’s understanding of the situation, and said he hoped that the piece of mail can be found and given to the Board. Firefighter Devreese then stated that yesterday he emailed and sent another written document in the mail, knowing that it was still outside his 5 days to appeal. REGULAR MEETING AUGUST 18, 2021 63 Mr. DeVreese added that from the months of March 2020 to October or November 2020, all testing centers were closed and shut down due to the current pandemic. He also stated that he re-completed and passed the Advanced EMT course again and did pay for it himself, showing that he is trying to do everything possible to get the certification. Firefighter Devreese also stated he feels his evaluation sheets and skills, whether from written copies or his peers, would tell you that his skills on the medical and fire grounds are above satisfactory performances and asked that the appeal be granted. He then stated the requirements are his first priority and that he will be scheduling a test on August 24, 2021and is working very hard on obtaining this to further his career with the Fire Department. President Taylor thanked Firefighter Devreese for his remarks and then asked him about the mailing and where it was mailed. Firefighter Devreese stated on Friday the 13th, he had a written letter to the address on his paperwork from the Recommendation of Termination. He stated he put this letter in his mailbox for a mail pick up, and that as of yesterday had not heard from the Board of Safety or anyone else about his hearing request being granted. At that time, he sent an email to Anne Fuchs about his request. He stated he does not have a reason or an answer as to where the mail is at this time. The mail service stated they do not have an answer or an option. He is not sure if it was misplaced or lost. Firefighter Devreese stated he did try to appeal in the five (5) days he was granted and stated again he hopes they understand the situation and realize he was trying to apply for an appeal and continue to get his certification and continue his career with the SBFD. President Taylor asked again whether the mail was sent to someplace in the County-City Building. Firefighter Devreese stated all he can tell them is that he took the address off the top left corner of the document that was provided to him, and he put it on the stamped envelope. He then apologized for the discrepancies and stated he does not have an answer where it is and hopes it finds its way to the Board. Melissa Colpitts asked at the time that Andrew sent the letter in on Friday, was that the same time he emailed. Firefighter Devreese stated no. He sent the letter on Friday but had not heard anything from the Board of Safety, so he sent an email on Tuesday early afternoon to see if the request was granted. He also stated he sent another letter in the mail at that time on Tuesday knowing he was outside the five (5)-day window. Anne Fuchs noted that Firefighter Devreese emailed her on Tuesday. Melissa wanted to confirm that the letter was put in the mail on Friday but Firefighter Devreese did not connect or reach out to anyone until Tuesday. He stated to his knowledge it had to be a written report so at that time, he thought it meant to send the document to the address on the letter. Darryl Heller added it seems surprising to him that he had five days beginning on the 11th and he waited two (2) days to send the request to appeal on a Friday when mail is notoriously slow over the weekends for a deadline that is Monday. Mr. Heller asked why he didn’t send the request on the first day. Mr. DeVreese stated the Recommendation of Termination Document was given to him late Wednesday evening and on Thursday he was consulting with his union on what to do in the process. On Friday, things were somewhat clear and that is when he took the action he did. Dan Jones asked if this was the post office or inter-city mail. Andrew stated it was the post office. He stated he lives in Elkhart County and close to the Osceola line and he went to the Osceola branch. Firefighter Devreese stated they did not understand or have any recollection of the mail sent. He stated again that he does not have an answer or reason why or where his written appeal has gone and hopes they understand that he did try. This is why he sent an email and another letter in the mail on Tuesday. Dan Jones asked for clarification on where he placed the letter. Andrew said he put in in his outgoing mail basket which Dan thought he meant the fire station but then he heard Osceola Post Office. Andrew stated he was not on duty at that time, so he put it in his outgoing mail at his home. Melissa Colpitts asked if there was any reason why he did not drop it off at the County-City Building. Andrew stated no reason and realized that would have been the best option as Melissa stated but he mailed it and thought it would make it to the Board members. President Taylor asked when was the last time Andrew tested. He stated the last time he tested was August 9th, prior to that he re-completed the Advanced EMT Certification on August 3rd by himself and completed it in 3 ½-4 weeks. He stated for the first class it took his fellow brothers and sisters about 4 months. President Taylor asked on August 9th, where REGULAR MEETING AUGUST 18, 2021 64 did the test take place. Firefighter Devreese stated he did that in Marion, IN at the Ivy Tech Campus. Captain Weinberg asked for the request to be tabled for a month and for the Board to wait for the postal service to deliver the letter. Chief Buchanon thanked Firefighter Devreese and asked him if he was notified prior to the letter being given to him and asked if Assistant Chief Meyer went over with him prior to the deadline that this could happen if the obligation was not met. Firefighter Devreese stated yes that it was brought to his attention. It was also brought to his attention about a year ago as well that he would be terminated if he did not pass. He stated this did give him some anxiety regarding obtaining the certification. Chief Buchanon asked if he thought of copying him on the notification and that way he could have assisted or have a record. Firefighter Devreese stated no he did not think of that, and it did not cross his mind. Firefighter Devreese had no explanation for the discrepancies. President Taylor asked if he copied Local 362 or anyone. He stated he was directed to send an email with the Letter of Recommendation of Termination to the Local 362 lawyer and he did do that on Friday but still to this day he did not hear or received a formal email from the attorney on what he needs to do. He also stated Captain Weinberg has been good to him on things to do but as far as the Union Attorney and the documents that were sent to him, he has not had any formal interaction with him. Dan Jones asked Captain Weinberg if he was speaking as a fellow firefighter or a representative of the Union when he asked for it to be tabled for one (1) month. Captain Weinberg stated he is the President of Local 362 and advised Andrew to send a letter to himself and to Attorney Dixon. He stated he normally works through Attorney Dixon and he would relay information to Firefighter Devreese. In this case that is what was done. Attorney Weiss recapped the conversation and what the Board’s options are. She stated the Chief recommended a termination. There was a five-day period to request a hearing. Firefighter DeVreese had until Monday, and nothing has been received. She asked if the Board wants to proceed with the termination or table for one (1) month and revisit at the next meeting. President Taylor stated he is in favor of tabling it but added he will not rule out his personal feeling that Firefighter Devreese did not meet his requirements set forth in the three years; however, he will review and give this matter some deep thought. Darryl Heller stated that tabling the matter and having a hearing is not going to change the fact that Firefighter Devreese did not fulfill all the obligations of the contract, and he does not feel that anything will change in a month. Mr. Heller recommended taking a vote on the Chief’s recommendation at the present meeting. Eddie Miller stated that he concurs with Darryl. If the document was mailed within the proper amount of time, it will be post marked and does not believe it will change anything if they receive it. Attorney Weiss stated the question is if the Board members would like to wait to see if a letter is received post marked within the time frame, or if it was not sent in a timely manner, he has missed his time frame and missed his appeal or hearing. Dan Jones stated he would agree to table it and wait to see if the letter is received. Melissa stated she understands the tabling but does agree more with Darryl Heller. She understands the mailing takes longer and that would be the only reason to table it but does not think it would change much. Attorney Weiss stated if it is to be tabled and the letter is never received and it goes back on the agenda next month, would it be to vote on the Chief’s recommendation. President Taylor stated there is a 4-1 vote and stated this will be tabled until next meeting. 3.CONSIDER REQUEST FOR REVIEW OF DISCIPLINARY ACTION- LANCE GUNDERSON Chief Carl Buchanon submitted a request for review of Disciplinary Action for Lance Gunderson that was tabled at the last meeting. President Taylor asked the Board members if they were ready to vote or if it needed to be recapped. President Taylor stated the Board members did not get a formal request for a hearing. Attorney Weiss stated this one is Indiana Code 36-8-3-4.1, stating that for five (5) days suspension that the member could request in writing that the Board could review the reprimand or suspensions and either uphold or reverse the Chief’s decisions. Attorney Weiss stated there is not a requirement for a hearing but that Firefighter Gunderson did request a review. The Board can only uphold the Chief’s recommendation or reverse it. REGULAR MEETING AUGUST 18, 2021 65 Upon a roll call, all board members voted to uphold Chief’s Recommendation for the suspension and with no additional review or hearing. President Taylor stated after reviewing all documents and watching the video, he realized there was some level of good intent and some frustration, but there was also an opportunity to acknowledge that you are in Public Safety and that sometimes you must “bite your tongue on things and walk away and think about how much you enjoy what you do and get over it.” Upon a motion by Eddie Miller, seconded by Dan Jones, and carried by roll call, the decision to uphold the Chief’s disciplinary action was approved. Captain Weinberg and President of Local 362 stated Firefighter Gunderson and Local 362 strongly object to this and stated they will be pursuing further actions concerning this matter. 4.FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR JULY 2021 Fire Chief Carl Buchanon stated that there was an increase in Structure Fires which created more damage this year than the previous years. There was almost a 60% increase of property damage. He stated the good news is the inspections have increased. They have completed 338 inspections in July 2021, 121 re-inspections, and this is better than the previous year. Chief stated the monthly run total for apparatus was 4,660 for the month of July which was an increase to the previous year. He added that they have been able to continue the smoke detectors and carbon monoxide detectors installations. South Bend Fire Department continues to serve the community for those residents who can’t do it on their own. Chief Buchanon stated the Community Paramedicine is continuing to do an excellent job and is providing high-quality service. Statistics show that even though the total number of runs and the incidents are increasing, they are continuing to give quality service. PRIVILEGE OF THE FLOOR Attorney Weiss reminded the public to use the hand-raising function of Microsoft Teams to indicate their desire to speak during Privilege of the Floor. She reminded attendees that they would be allotted three (3) minutes to speak. Attorney Weiss stated that this was Bishop Eddie Miller’s last meeting with the Board of Public Safety and thanked him for all his years of service and expertise that he has given to the Board over the years. Eddie Miller stated he is very humbled and honored to have served for the City of South Bend and that it has been a pleasure to work with the Board of Safety and the public to ensure we do justice to the safety of the entire community. He thanked all the Board members and legal counsel as well. President Taylor also acknowledged Eddie Miller’s service over the years and stated he served REGULAR MEETING AUGUST 18, 2021 66 under 3 mayors and did an outstanding job to work with the Board members to resolve issues in a professional way. He stated he will be missed and thanked him for his service. Dan Jones echoed these comments, adding that Eddie has been involved in many activities and Boards within this community and he has learned a lot from him. Melissa Colpitts added he will be missed and thanked him for everything. Eddie Miller then thanked Anne for everything. Anne Fuchs stated it has been a pleasure and noted Eddie has been so kind and gracious and has set a great example for the Board. ADJOURNMENT There being no further business to come before the Board, carried by roll call, the meeting was adjourned at 10:47 a.m. BOARD OF PUBLIC SAFETY Luther Taylor, President ______________________________ Daniel Jones, Member ______________________________ Melissa Colpitts, Member ______________________________ Darryl Heller, Member ATTEST: ______________________ Anne Fuchs, Clerk