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HomeMy WebLinkAbout12/19/12 Board of Public Safety MinutesPUBLIC AGENDA SESSION DECEMBER 19 2012 88 The Board of Public Safety met in the Public Agenda Session at 8:07 a.m. on Wednesday, December 19, 2012 in the 13th Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Patrick D. Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present was Fire Chief Stephen Cox and Attorney Larry Meteiver. Mr. Mike Schmuhl, Mayor's Office, was present and informed the Board that Police Chief Charles Hurley was currently on the scene of a crime and would not be attending the Board meeting. He added the Chief would join the meeting later if able. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. ADDITION TO THE AGENDA Mr. Cottrell noted the addition of a second Permanent Promotion in the Police Department and a response to Councilman Oliver Davis's letter regarding the Whistleblower Protection policy, to the agenda. Board members discussed the following items from the agenda: - 2012 -2013 Collective Bargaining Agreement — Fire Department, and 2012 -2013 Working Agreement — Police Department Fire Chief Steven Cox stated a correction should be made to the agenda on the years of the Fire Department agreement, noting it is a 2013 — 2014 agreement. Mr. Cottrell stated that same correction should be made on the Police Working Agreement. - Agreement to Extend Contract for Children's Hospital Ambulance Staffing — Memorial Hospital of South Bend, Inc. Chief Cox stated this is an extension of the current agreement for ambulance staffing. Ms. Martin, Clerk of the Board, noted this extension is only requested through January, 2013 until a new agreement can be drawn up. She added the Board of Works approved the extension until March of 2013 to allow legal additional time to research the terms. Mr. Cottrell stated the Board of Safety would approve the same date in their motion. - 2013 — 2014 Hiring List — Fire Department Mr. Cottrell asked when the next class will start. Chief Steven Cox stated the next class for the Fire Department will be in February. He noted they currently have ten (10) vacancies they are trying to fill as soon as possible, and the classes run for twenty -two (22) weeks. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:27 a.m. ATTEST: Linda M .Martin, lerk BOARD OF PUBLIC SAFETY Patrick D. Cottrell, Member Luther Taylor, ember �' Laura A. Vasquez, Me r C Eddie Miller, Member J Collins, Member EXECUTIVE SESSION DECEMBER 19, 2012 89 The Board of Public Safety met in the Executive Session on Wednesday, December 19, 2012 at 8:30 a.m. The meeting was held in the Board Conference Room, 13th Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(6)(A). Board President Patrick Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present. Also present were Fire Chief Steven Cox, Attorney Larry Meteiver, and Mr. Mike Schmuhl, Mayor's Office. 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 Patrick D. Cottrell, Member Luther Taylor, 1'lember Laura Vasquez, Memb Eddie Miller, Member- - Jo Collins, Member ATTEST: _v nda M.'Martin,`Clerk REGULAR MEETING DECEMBER 19, 2012 The Board of Public Safety met in the regular meeting at 9:18 a.m. on Wednesday, December 19, 2012, with Board President Patrick Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Charles Hurley, Fire Chief Stephen Cox, and Attorney Larry Meteiver. The meeting was held in the Board Conference Room, 13'4 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 November 14, 2012, and the Special Meetings of December 4 and December 7, 2012 as presented. APPROVE BOARD OF SAFETY 2013 MEETING SCHEDULE Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following schedule for 2013 for the Board of Safety meetings was approved: BOARD OF PUBLIC SAFETY 2013 MEETING SCHED ULE PLACE: Ste. 1308, County -City Bldg., 227 W. Jefferson Blvd. South Bend, Indiana TIME: Board of Public Safety Agenda Session Begins at 8:00 a.m. Board of Public Safety Meeting Begins at 9:15 a.m. REGULAR MEETING DECEMBER 19.2012 90 JANUARY FEBRUARY MARCH 16 20 20 APRIL MAY JUNE 17 15 19 JULY AUGUST SEPTEMBER t7 21 18 OCTOBER NOVEMBER DECEMBER 16 20 18 RESPONSE TO COMMON COUNCIL MEMBER'S LETTER Mr. Cottrell stated the Board of Safety received a letter previously from Council Member Oliver Davis asking if the Board would make a recommendation on the Police and Fire Department's response on the State Statute regarding the Whistleblower Policy. Mr. Cottrell stated the Board has discussed the letter and asked legal counsel to prepare a response based on their discussion, as soon as possible. POLICE DEPARTMENT APPROVE PERMANENT PROMOTION — STEVEN SPADAFORA In a letter to the Board, Police Chief Hurley recommended that Sergeant Steven Spadafora be promoted permanently to the rank of Lieutenant in the Uniform Division, K -9 Unit, effective December 14, 2012. Chief Hurley stated in his letter that Sergeant Spadafora was placed in a special assignment as a Lieutenant in the Uniform Division on December 14, 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommended permanent promotion was accepted and approved. APPROVE PERMANENT PROMOTION — MARK WALSH In a letter to the Board, Police Chief Hurley recommended that Sergeant Mark Walsh be promoted permanently to the rank of Sergeant, retroactively effective September 21, 2012. Chief Hurley stated in his letter that PFC Walsh was placed in a special assignment as a Sergeant in the Uniform Division on September 21, 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief's recommended permanent promotion was accepted and approved ACCEPT AND APPROVE APPLICATION FOR RETIREMENT — RICHARD BISHOP In a letter to the Board, Chief Charles Hurley submitted the Application and Declaration for Retirement for Captain Richard Bishop, effective January 12, 2013. In his letter, Chief Hurley noted that Captain Bishop has served the Department with loyalty and distinction during the last thirty-five (35) years, and two (2) days. Chief Hurley joined the Board in wishing him success in his new endeavors and thanking him for his years of 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 Chief's recommendation of approval of the application for retirement was accepted and approved. APPROVE 2013 -2014 POLICE DEPARTMENT WORKING AGREEMENT Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the 2013 -2014 Working Agreement between the City of South Bend, Indiana, and the Fraternal Order of Police, South Bend Lodge No. 36, was approved. REGULAR MEETING DECEMBER 19, 2012 91 APPROVE RESOLUTION NO. 71 -2012 — ESTABLISHING THE 2013 HOLIDAY SCHEDULE FOR THE SOUTH BEND POLICE DEPARTMENT Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following resolution was approved establishing the 2013 Police Department holiday schedule. RESOLUTION NO. 71 -2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE 2013 HOLIDAY SCHEDULE FOR THE SOUTH BEND POLICE DEPARTMENT WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, is empowered by law to establish rules and regulations for the South Bend Police Department; and WHEREAS, it is in the interest of the City of South Bend that the Police Department holidays be set with certainty. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South Bend: SECTION I. That for all sworn police officers who are assigned to work as their regular schedule, 5 on and 2 off, Monday through Friday, the following holidays shall apply: New Year's Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Tuesday, January 1, 2013 Monday, January 21, 2013 Friday, March 29, 2013 Monday, May 27, 2013 Thursday, July 4, 2013 Monday, September 2, 2013 Monday, November 11, 2013 Thursday, November 28, 2013 Friday, November 29, 2013 Wednesday, December 25, 2013 SECTION II. That for all sworn police officers who are assigned to work as their regular work schedule, 6 days on and 3 days off, there shall be no paid holidays. The following dates are designated as Critical Duty Days: New Year's Day Memorial Day Independence Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve Tuesday, January 1, 2013 Monday, May 27, 2013 Thursday, July 4, 2013 Thursday, November 28, 2013 Tuesday, December 24, 2013 Wednesday, December 25, 2013 Tuesday, December 31, 2013 For purposes of the Critical Duty Day stipend, the Critical Duty Day shall start at 6:00 a.m., and last 24 hours. SECTION III. Officers assigned to the South Bend Community School Corporation shall, while so assigned, follow the holiday schedule set by the South Bend Community School Corporation for its clerical employees. Officers so assigned shall be eligible for Critical Duty Day pay only if assigned to the Uniform Division and otherwise eligible. ADOPTED this 19" day of December, 2012. BOARD OF PUBLIC SAFETY s/Patrick D. Cottrell, President s /Eddie L. Miller Member s /Laura Vasquez, Member REGULAR MEETING DECEMBER 19 2012 92 s /John Collins, Member s /Luther Taylor, Member ATTEST: Linda M. Martin, Clerk APPROVE 2013 SPECIAL POLICE COMMISSIONS In a letter to the Board, Police Chief Charles Hurley recommended that Special Police Commissions be renewed or issued for the year 2013 for the purpose of Traffic Enforcement Officers. The following South Bend Police Department personnel shall be commissioned as members ofthe South Bend Police Department Special Police Unit, but do not have the authority to be armed nor do they have powers of arrest: - Tom Camren - Garnett Keeys - Patrick Leavell - Elton Thompson - Dennis Eckenberger - Wendy Yuhasz - Emil Eckenberger - Steve Wieger - Barbara Leavell - Donnie Graham Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2013 for the following South Bend Police Department Public Service Officers, These Commissions do not include the powers of arrest or the carrying of a weapon: - Angela Davis - Barbara Holleman - Elaine Rau - Laurie Crawford - Janice Taberski Maria Scherer - Judy Withers - Ashley Gage - Antonio Salazar - Diana Scott Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2013 for the following Park Department personnel authorized to carry a South Bend Police Department radio and take Police reports in South Bend Parks and Recreation properties. The following people are armed: Daniel Schaefer - Phil Marek - Larry Heckman - Steve Orlowski - Danielle Alexander The following Park Department personnel are authorized to carry a South Bend Police Department radio but do not have the authority to be armed nor do they have the powers of arrest: - Phil St.Clair Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2013 for the following South Bend Fire Department personnel to carry a weapon while acting in the capacity of Arson Investigators. They have no powers of arrest: Tony Nania Robert Brechtl The following South Bend Fire Department personnel shall be commissioned for the purpose of writing citations and otherwise enforcing Chapter 9, Fire Prevention, of the South Bend Municipal Code. The commission does not authorize the powers of arrest, or the carrying of a weapon: - Stephen Cox - Kevin Kolber - Carl Buchanon - James Lopez - Mark Catanzarite - David Maenhout - John Corthier - Mark Nowicki - Jim Luccki - Federico Rodriguez - Andrew Meyer - Nick Tekler REGULAR MEETING DECEMBER 19, 2012 93 Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2013 for the purpose of Block by Block On- Street Patrol Parking Enforcement Personnel and does not include the carrying of a weapon, nor the powers of arrest: Scott Nance - Jack Ruscoe - Larry Neiswender - Anthony Smith Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2012 to the following Security Officers of Indiana University South Bend. These Commissions are issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. All of their officers are sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. These Commissions have the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: John Bright - Morris DeGeyter Edwin Garcia Jr. - Dennis Bernth - Troy Hudgen - Larry Miller - James McGhee - Timothy McNeely - Ed Summers - Bruce Villwock - Glenn McQueen - Steve Michael Donald Haywood - Greg Pavnica Martin Gersey This will empower the above listed individuals to enforce parking violations on the following streets adjacent to the campus: Mishawaka Ave. from Bellevue Street on the west to 21St Street on the East; Bellevue Street from Mishawaka Avenue on the north to Hildreth Street on the south; Hildreth Street from Bellevue Street on the west to the campus proper on the east; Esther Street from Mishawaka Avenue on the north to Hildreth Street on the south; Ruskin Street from Bellevue Street on the west to the campus proper on the east; 20th Street from Mishawaka Avenue on the north to Northside Boulevard on the south; Vine Street from 20th Street on the west to 21St Street on the east; and Northside Boulevard from 21St Street on the east to Memorial Park on the west. Police Chief Charles Hurley recommended that a Special Police Commission be issued or renewed for the year 2012 to the following Security Officer of Ivy Tech South Bend Campus. This Commission is issued for the purpose of issuing citations for parking violations where such violations have fines set by Ordinance and State Law. This officer is sworn and certified through the State of Indiana by the Indiana Law Enforcement Academy Training Board. This Commission has the same authority of as one of our own sworn police officers in which they have the authority to carry a weapon and the powers of arrest: - James E. Clark Jr This will empower the above listed individual to enforce parking violations on the following streets adjacent to the campus: Main Campus: Michigan St. from Broadway St. north to Sample St. Sample St. east to Fellows. Fellows south to Broadway, including Dean Johnson Blvd. (which runs east and west inside this perimeter). Broadway St. west to Michigan. The property only owned by Ivy Tech at 328 Michigan Street and the property owned by Ivy Tech at 250 Sample St. Police Chief Charles Hurley recommended that Special Police Commissions be issued or renewed for the year 2012 to the following individuals for the Department of Code Enforcement. This Commission is issued for the purpose of writing citations for Ordinance violations where such violations have fines set by Superior Court Judges. This Commission will also empower the below - listed individuals to enforce the Snow Route and Residential Snow Emergencies and to tow vehicles found to be in violation of these REGULAR MEETING DECEMBER.] 9 2012 94 Ordinances. This Commission also includes Animal Control officers who issue tickets for nuisance violations. This Commission does not authorize the powers of arrest nor the carrying or use of a weapon. Code Enforcement Officers: - Catherine Toppel - Karl Hardy - Brian Haygood - Ed Humphrey - Jeff Katrna Animal Control Officers: - Katrina Kester - Robert Simmons - Ed Williams - John Helak - Jim Wood - Stephen Wysinger - Michael Frye - Kim Lucas - Gary Libbey - Jordan McGuire - Rex Pemberton - Brad Braydon Kite Realty Group: -Jeff Irons - Alfredo Alvarado This Commission is issued for the on- street patrol parking enforcement personnel and does not include the carrying of a weapon, nor the powers of arrest. This will empower the above listed individuals to enforce parking violations on the following streets: Eddy Street -South of Angela Blvd and North of Napoleon Street (see attachment) designated two (2) hour parking; Napoleon St (north and south) small section south of Old National Bank, designated two (2) hour parking;. Angela BIvd north of O'Rourke's and Kilwins; and Angela Blvd North of AT &T and McAllisters Deli, Police Chief Charles Hurley stated that any previous Special Police Commissions that were issued to anyone not listed in his recommendation letter are now rescinded. The aforementioned police commissions are in effect until rescinded. All of the aforementioned individuals have met the Commission requirements of the South Bend Police Department. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the Chief s recommended renewal and issue of the above listed Special Police Commissions was accepted and approved. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — SEPTEMBER 2012 — TIMOTHY TAYLOR In a letter to the Board, Chief Charles Hurley stated that Patrolman Timothy Taylor was selected as Employee of the Month for September, 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 ofthe community policing efforts with citizens of South Bend. Chief Hurley stated the Patrolman Taylor responded to a robbery call in the Near Northeast area and was able to identify the suspect from the description given as someone he had dealt with before on previous crimes. Patrolman Taylor took the suspect into custody and he was identified as the robber and arrested. There being no further discussion, Mr. Cottrell stated the Board would accept the recommendation of Chief Hurley for filing. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — OCTOBER 2012 — JOHN GAST Chief Hurley stated that Patrolman John Gast was selected as Employee of the Month for October, 2012 due to his arrests that solved a multi -State elaborate gas theft crime spree. He noted the thefts REGULAR MEETING DECEMBER 19 2012 95 occurred in Wisconsin, Illinois, Indiana, and Michigan. Chief Hurley explained the suspects would strike late at night or early in the morning. They would climb on the roof of the gas station and cover the dish with aluminum foil and use a credit card in the gas pump to steal up to as much as 5,000 gallons of gas at one time. While on patrol one morning, Patrolman Gast observed suspicious activity at a gas station on Western Avenue. He knew the owner and had his home phone number due to previous problems at the station. He contacted him and called other officers to the scene, while continuing to update the owner of the activity that was occurring. The officers were able to make an arrest of some Chicago individuals that were responsible for the multi -State thefts. There being no further discussion, Mr. Cottrell stated the Board would accept the recommendation of Chief Hurley for filing. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — NOVEMBER 2012 Police Chief Charles Hurley stated that Part 1 Offenses are all down 20 %, except, unfortunately for homicide, which is up. Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of November, 2012, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: FIRE DEPARTMENT DENY GRIEVANCE — SHAWN KUMINECZ Mr. Cottrell stated a Grievance was filed by Firefighter Shawn Kuminecz asking for an additional twenty -two (22) hours of pay he believes he was entitled to. After review of the letter from the Local Union President and Fire Chief Steve Cox's letter, Mr. Cottrell stated the Board denies his grievance and accepts the recommendation of Chief Cox. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Board denied the Grievance filed by Shawn Kiminecz, and accepted Chief Cox's recommendation that he be paid for two (2) hours of overtime and denied the additional twenty -two (22) hours pay. APPROVE SOUTH BEND FIRE DEPARTMENT 2013 -2014 HIRING LIST In a letter to the Board, Fire Chief Stephen Cox requested the Board approve the hiring list attached to his letter, for 2013 -2014. Chief Cox noted in his letter that the applicants endured a lengthy application and testing period that lasted from April to November, 2012 and included a written exam, physical agility test, and an oral interview. Evaluation and compilation of test results was performed by an independent agency, Institute for Public Safety Personnel, Inc. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the fast was accepted and approved effective January 1, 2013. APPROVE AGREEMENT TO EXTEND CHILDREN'S HOSPITAL AMBULANCE STAFFING AGREEMENT — MEMORIAL HOSPITAL OF SOUTH BEND Fire Chief Steve Cox submitted an agreement to extend the above existing agreement with Memorial Hospital for ambulance staffing until a new agreement can be drawn up. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the extension of the 2012 agreement was approved until March 1, 2013. APPROVE 2013 -2014 COLLECTIVE BARGAINING AGREEMENT Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the 2013 -2014 Collective NOVEMBER NOVEMBER YEAR TO DATE PART I OFFENSES 2011 2012 CHANGE 2( 0111 2f 0121 CHANGE MURDER 2 2 0 9 15 6 RAPE 6 2 4 58 51 - 7 ROBBERY 22 29 7 354 284 - 70 AGGRAVATED ASSAULT 15 20 5 250 218 - 32 BURGLARY RESIDENT 157 103 54 1540 1213 327 BURGLARY NON 65 26 39 567 398 169 RESIDENT 284 220 64 3196 2605 591 LARCENY MOTOR VEHICLE THEFT 28 25 3 295 255 40 3 5 2 41 33 8 ARSONS 582 432 150 6310 5072 1238 GRAND TOTAL FIRE DEPARTMENT DENY GRIEVANCE — SHAWN KUMINECZ Mr. Cottrell stated a Grievance was filed by Firefighter Shawn Kuminecz asking for an additional twenty -two (22) hours of pay he believes he was entitled to. After review of the letter from the Local Union President and Fire Chief Steve Cox's letter, Mr. Cottrell stated the Board denies his grievance and accepts the recommendation of Chief Cox. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Board denied the Grievance filed by Shawn Kiminecz, and accepted Chief Cox's recommendation that he be paid for two (2) hours of overtime and denied the additional twenty -two (22) hours pay. APPROVE SOUTH BEND FIRE DEPARTMENT 2013 -2014 HIRING LIST In a letter to the Board, Fire Chief Stephen Cox requested the Board approve the hiring list attached to his letter, for 2013 -2014. Chief Cox noted in his letter that the applicants endured a lengthy application and testing period that lasted from April to November, 2012 and included a written exam, physical agility test, and an oral interview. Evaluation and compilation of test results was performed by an independent agency, Institute for Public Safety Personnel, Inc. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the fast was accepted and approved effective January 1, 2013. APPROVE AGREEMENT TO EXTEND CHILDREN'S HOSPITAL AMBULANCE STAFFING AGREEMENT — MEMORIAL HOSPITAL OF SOUTH BEND Fire Chief Steve Cox submitted an agreement to extend the above existing agreement with Memorial Hospital for ambulance staffing until a new agreement can be drawn up. Therefore, upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the extension of the 2012 agreement was approved until March 1, 2013. APPROVE 2013 -2014 COLLECTIVE BARGAINING AGREEMENT Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the 2013 -2014 Collective REGULAR MEE'T'ING DECEMBER 19 2012 96 Bargaining Agreement between South Bend Firefighters' Local 362 and the City of South Bend was accepted and approved. ADOPT RESOLUTION NO. 75-2012 — ESTABLISHING THE 2013 HOLIDAY SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the following Resolution was approved by the Board of Safety. RESOLUTION NO. 75 -2012 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE 2013 HOLIDAY SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, is empowered by law to establish rules and regulations for the South Bend Fire Department; and WHEREAS, it is in the best interest of the City of South Bend that the Fire Department holidays be set with certainty. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend: SECTION I. That all firefighters who work 24 -hour shifts are not entitled to holidays off, SECTION II. That for all firefighters who work 24 -hour shifts, Critical Duty Days are as set forth in Article 25 of the Collective Bargaining Agreement for the year 2013, which is in force in 2013 per Article 33 of the Agreement. SECTION III. That all firefighters who are assigned to work a four or five day work week, shall have 80 office hours of holidays, and the following holidays shall apply: New Year's Day Tuesday, January 1, 2013 Martin Luther King, Jr. Day Monday, January 21, 2013 Good Friday Friday, March 29, 2013 Memorial Day Monday, May 27, 2013 Independence Day Thursday, July 4, 2013 Labor Day Monday, September 2, 2013 Veteran's Day Monday, November 11, 2013 Thanksgiving Day Thursday, November 28, 2013 Day after Thanksgiving Friday, November 29, 2013 Christmas Day Wednesday, December 25, 2013 Adopted this 19th day of December, 2012, BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Patrick D. Cottrell, President s /Eddie L. Miller, Member s /Luther Taylor, Member s /Laura A. Vasquez, Member s /John Collins, Member Attest: s /Linda Martin, Clerk FILING OF MONTHLY STATISTICAL ANALYSIS REPORT -- NOVEMBER 2012 Fire Chief Stephen Cox submitted to the Board the monthly report for November 2012 compiled by the Prevention/Inspection Bureau of the Fire Department. Chief Cox pointed out that structure fires are significantly higher than last year due to a large commercial fire in November at the Plumrose REGULAR MEETING DECEMBER 19, 2012 97 Manufacturer. He noted the fire occurred right before Thanksgiving when the cooler was full of hams and meat that were to be shipped out to stores. Chief Cox noted the Fire fighter's responded fast and did a good job of getting the fire contained. Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: November 1 November 2011 2012 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $125,100.00 $304,600.00 INSPECTIONS (Fire Prevention/Inspection Bureau) 244 Inspections 200 Inspections 1 79 Re-Inspections 64 Re-Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 21 23 Investigations Investigations 3 5 Arson Arson PRIVILEGE OF THE FLOOR Mr. Cottrell announced the Board of Safety would hold a Special meeting on Thursday, December 27, 2012, at 8:00 a.m. to present the Findings of Fact in the case of Charges No. 2012 -05 against Christopher Bortone, and Charges No. 2012 -07 against Jack Stilp. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC SAFETY Patrick P,. Cottrelll,," President Laura A. Vasquez, Me b r Eddie Miller, Member /J— Member Luther Taylor, ATTEST: Linda M. Martin, Clerk SPECIAL MEETING DECEMBER 27 2012 98 The Board of Public Safety met in a Special Meeting at 8:11 a.m. on Thursday, December 27, 2012, with Board President Patrick D. Cottrell, and Board Members Eddie Miller, John Collins, and Luther Taylor present. Board member Laura Vasquez was absent. Also present were Police Chief Charles Hurley and Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. POLICE DEPARTMENT APPROVE FINDINGS OF FACT – CHARGES NO. 2012-05 – CHRISTOPHER BORTONE On June 27, 2012, Police Chief Charles Hurley filed disciplinary Charges against South Bend Police Officer Christopher Bortone, pursuant to I.C. 36- 8 -3 -4, Officer Bortone contested the charges and requested a hearing before the Board. On December 4, 2012, a hearing of Charges No. 2012 -05 was held. The Board now presented its Findings of Fact regarding the Charges, for approval. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Findings of Fact as presented were approved and signed. The Board of Public Safety found that for his actions, Officer Christopher Bortone shall be terminated from the South Bend Police Department effective immediately. APPROVE FINDINGS OF FACT – CHARGES NO. 2012 -07 –JACK STILP On September 19, 2012 Police Chief Charles Hurley filed disciplinary Charges against South Bend Police Officer Jack Stilp, pursuant to LC. 36- 8- 3- 4.Officer Sti i contested the charges and requested a hearing before the Board. On December 7, 2012, a hearing of Charges No. 2012 -07 was held. The Board now presented its Findings of Fact regarding the Charges, for approval. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Findings of Fact as presented were approved and signed. Mr. Cottrell voted in opposition to the Findings of Fact as presented. The Board of Public Safety found that for his actions, Officer Jack Stilp shall be suspended from the South Bend Police Department for five (5) workdays without pay, which shall start at the election of the Police Chief. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:28 a.m. BOARD OF PUBLIC SAFETY Patric D. Cottrell, resident aura Vasquez, Member �J Eddie Miller, Member n Collins, Member JL , Luther Taylor, Mem ATTEST: —Iiinda M. Martin; Cler