HomeMy WebLinkAbout12152021 Board of Public Safety Meeting88
I.EXECUTIVE SESSION
The Board of Public Safety met in Executive Session on Wednesday, December 15, 2021 at 8:38 a.m. with Board Members Luther Taylor, Daniel Jones, Melissa Colpitts, Lee Ross, Attorney TomPanowicz, and Attorney Sandra Kennedy. Darryl Heller joined the session at 8:45a.m. Ms. Kennedyleft at 8:55a.m. At 9a.m Chief Ruszkowski and Assistant City Attorney Christina Shakour were
added to the meeting and then left at 9:09a.m. The meeting was held virtually via Microsoft Teamsfor the purposes specified in I.C. 5-14-1.5-6.1(b)(6)(A) and I.C. 5-14-1.5-6.1(b)(2)(B) regardingdisciplinary action, collective bargaining discussion, and litigation strategy. An update will also beprovided per I.C. 5-14-1.5-6.1(b)(2)(A). The meeting ended at 9:12 a.m.
BOARD OF PUBLIC SAFETY
Daniel Jones, Member
Melissa Colpitts, Member
_________________________________
Darryl Heller, Member
______________________________ Lee Ross, Member
ATTEST:
___________________________ Clerk
II. REGULAR MEETING December 15, 2021
The Board of Public Safety met in the Regular Meeting at 9:24 a.m. on Wednesday, December 15, 2021, with Board Members Luther Taylor, Daniel Jones, Melissa Colpitts, Darryl Heller, and Lee Ross present. Also present were Attorneys Tom Panowicz and Sandra Kennedy and the Acting Board Clerk Hillary Horvath. The meeting was held virtually via Microsoft Teams at the following link: https://tinyurl.com/BPS12152021
Attorney Panowicz 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 Panowicz then read through the agenda to note any additions or corrections. Attorney Panowicz stated that was a typo regarding the Executive Session and it should be I.C. 5-14-
1.5-6.1(b)(2)(B). He stated that C.1 should have read “Approve Hiring in of Probationary Police Officers.” Chief Ruszkowski asked if item C.6 and C.7 could be switched. Attorney Panowicz also stated that D.1 be changed to say “approve” and not “receive.” With the corrections made and with no other additions 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 Dan Jones, seconded by Mellissa Colpitts and carried by roll call, the
Board approved the Minutes of November 17, 2021 regular meeting. Lee Ross abstainedfrom the vote due to being absent at the November 17, 2021 meeting.Upon a motion by Melissa Colpitts, seconded by Dan Jones and carried by a roll call theBoard approved the Special Meeting Minutes of December 1, 2021. President Taylor andDarryl Heller abstained from the vote due to being absent at the December 1, 2021 meeting.
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B. APPROVE 2022 BOARD OF PUBLIC SAFETY MEETING SCHEDULE Upon a motion by Darryl Heller, seconded by Lee Ross and carried by a roll call, the Board approved the 2022 Board of Safety meeting schedule as presented. C. POLICE DEPARTMENT
1. APPROVE HIRING IN OF PROBATIONARY POLICE OFFICERS Evan Stuart Dinterman Joshua Allen Fase Niall Meehan O’Regan
Conor James Redden Steven Sloan Spadafora Georgia Latrealle Wells Austin Tyler Wiorek Rondall Clark Jr.
Chief Scott Ruszkowski submitted to the Board the Recommendation that the above individuals be accepted for employment as probationary police officers with the SBPD effective December 15, 2021. Chief stated that every officer met all the requirements; therefore, Chief asked the Board to approve the officers to be sworn in. Biographies of the
officers were provided by Lieutenant Fulnecky, highlighting their talents, achievements, education, and interests. Therefore, upon President Taylor stating the agenda item presented for approval and asking for a roll call vote, the Board voted unanimously to approve the hiring of the above listed probationary officers.
2. SWEARING IN OF PROBATIONARY POLICE OFFICERS City Clerk Dawn Jones administered the oath, and the officers were pinned by their loved ones. President Taylor congratulated the officers on their employment with the SBPD effective December 15, 2021. Before moving onto the next item, Chief Ruszkowski spoke to the Board again regarding how this group of officers were a great group of individuals and
how the department was very excited to have them. Chief Ruszkowski also mentioned that this group of hires were one of the most raved about groups to date by the police academy. Therefore, upon President Taylor stating the agenda item presented for approval and asking for a roll call vote, the Board voted unanimously to approve the swearing in of the above listed probationary officers.
3. APPROVE APPLICATION AND DECLARATION OF RETIREMENT – PATROLMAN 1ST CLASS ERIC SCHLEGELMILCH Police Chief Scott Ruszkowski submitted a letter to the Board for approval of the
Application and Declaration for Retirement for Patrolman 1st Class Eric Schlegelmilch,
effective November 28, 2021. Officer Schlegelmilch is retiring, in good standing, from the SBPD, he will have been with the Department for twenty (20) years, and twenty-eight (28) days. Chief Ruszkowski asked the Board to join him wishing him success in his future endeavors and thanking him for his many years of service with the SBPD. Upon a motion by
Dan Jones, seconded by Melissa Colpitts and followed by a roll call, the Application and
Declaration for Retirement was approved. 4. APPROVE APPLICATION AND DECLARATION FOR RETIREMENT – LIEUTENANT KRIS HINTON
Police Chief Scott Ruszkowski submitted a letter to the Board for approval of the
Application and Declaration for Retirement for Lieutenant Kris Hinton effective January 8, 2022. Lieutenant Hinton is retiring in good standing, from the SBPD, he will have been with the Department for twenty-three (23) years, four (4) months, and twenty-one (21) days. Chief Ruszkowski asked the Board to join him wishing him success in his future endeavors and thanking him for his many years of service with the SBPD. Upon a motion by Darryl Heller,
seconded by Lee Ross and followed by a roll call, the Application and Declaration for Retirement was approved. 5. APPROVE 2022 SPECIAL POLICE COMMISSIONS
In a letter to the Board, Chief Ruszkowski recommended that the following Special Police
Commissions be renewed and/or issued for the year 2022. He read through the following powers of each category, noting whether they include carrying of a weapon or any powers of
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arrest. SOUTH BEND POLICE DEPARTMENT Traffic Enforcement Officers
Daniel Bowman Richard Cowper Tom Camren Garnett Keeys Barbara Leavell Patrick Leavell Elton Thompson Kevin Greenwood
Steven Wieger
PUBLIC SERVICE OFFICERS It is my recommendation that the following South Bend Police Department personnel be
commissioned as members of the South Bend Police Department Special Police Unit, but
do not have the authority to be armed nor do they have powers of arrest: Angela Davis Marceline Sparks Maria Scherer-Lutz Antonio Salazar
Tracy Wright Adam Harman
Kim Davis Kayleen Pinkham Jennifer Jozwiak Jennifer Garrett Tomi Butler Victoria Dudeck Beverly Perry Crystal Boettcher
Hannah Northcutt Ella Cramer
SOUTH BEND FIRE DEPARTMENT It is my recommendation that the following be commissioned to carry a weapon while
acting in the capacity of Arson Investigators. They have no powers of arrest:
Robert Brechtl Johnny Fleming Tony Nania Barry Sebesta
The commission is issued 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, nor the carrying of a weapon: Chris Baker Carl Buchanon
Mike Damiano Brian Koloszar
Robert Means Andrew Myers Todd Skwarcan Mike Lagodney Mike Szucs Gerard Ellis Brandon Roark
James Jones
PARKING PROPERTIES Block by Block
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: Amanda Grover Jon Preston Abplanalp
Rogers Smedley
INDIANA UNIVERSITY SOUTH BEND POLICE DEPARTMENT It is my recommendation that Special Police Commissions be assigned 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
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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:
Kurt Matz Brandon Campbell
Dennis Bernth Edwin Garcia Timothy McNeely Bruce Villwock Edward Summers Larry Miller Troy Hudgen Glenn McQueen
Jordan Felten Bryce Peterson
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. IVY TECH SOUTH BEND CAMPUS
It is my recommendation that a Special Police Commission be assigned 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 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.
DEPARTMENT OF CODE ENFORCEMENT
It is my recommendation that the following individuals be Commissioned 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 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:
Edward Williams John Helak
Jim Wood Stan Molenda Chyna McBride Dora Gonzalez
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Angelo Logrande Chris Pemberton Dena Criswell Chad Hooten Steve Meadows Marlaina Johns Steve Szaday Cornelius Johnson
Animal Control Officers: April Michaels Sara Kaszas Jamie Ealy Brittany Miller
Lindsey Cuellar Grace Fuller
Diana Hosteler Kite Realty Group:
Teagan Lawson
Laz Parking: Idowu Oluwabukola
Please note that any previous Special Police Commissions that were issued to anyone not listed in this 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.
Board Member Darryl Heller thanked Chief Ruszkowski for itemizing the list for the Board in each category as he felt it was helpful for viewing. Therefore, upon President Taylor stating the agenda item presented for approval and asking for a roll call vote, the Board voted unanimously to approve the 2022 Special Police Commissions.
6. ACCEPT LETTER OF RESIGNATION – OFFICER SEAN KILLIAN Police Chief Scott Ruszkowski submitted a letter of resignation for Officer Sean Killian effective December 3, 2021. Officer Killian was sworn into the Department on December 16, 2015. Chief Ruszkowski explained how sad the department was to lose Officer Killian to a
federal agency as he was a great asset to the SBPD. President Taylor stated with regret on
behalf of the Board that they accept his resignation.
7. ACKNOWLEDGEMENT OF COMMENDATION- MARANDA BAKER Police Chief Scott Ruszkowski submitted a letter of commendation for Sergeant Maranda Baker. A summary of the commendations is as follows. Sgt. Baker was recognized for her proactive policing in an area for a bank robbery on Western Avenue. Sergeant Baker knew
the robber fit a similar description to previous bank robberies of the same general location.
Sergeant Baker’s survey of the area allowed her to spot the suspect and apprehended them without incident. Chief Ruszkowski stated she has been a great supervisor and leader for the department. President Taylor acknowledged her achievements and asked the Acting Clerk to get a Board of Safety police coin for Sergeant Baker.
8. RECEIVE LETTER OF NOTICE OF AWARD GRANT FROM INDIANA DEPARTMENT OF HEALTH Police Chief Ruszkowski submitted a letter notifying the Board of an awarded grant to provide Adapt Pharma Nasal NarCan for a minimum of four years. The grant will supply the
Department with an all-in-one unit, requiring no assembly which will allow it to be used
immediately. Chief stated the department is extremely grateful for this valuable tool in fighting the opioid crisis. Upon a motion by Dan Jones, seconded by Darryl Heller, and carried by a roll call, the Letter of Notice of Award was received and approved.
9. APPROVE LETTER OF APPROVAL OF THE USE OF MOTOR VEHICLES SEIZED UNDER THE FEDERAL ASSET FORTEITURE PROGRAM Police Chief Ruszkowski stated the SBPD is requesting a letter of approval from the Board that would approve the use of motor vehicles seized under the Federal Asset Forfeiture
Program from this point forward to be used in official and undercover police work. The
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vehicles would be used to deter both drug and violent crime throughout the city. Approval, of official use of tangible property, from the governing body is required pursuant to the U.S. Department of Justice and the U.S. Department of Treasury Asset Forfeiture Programs Guide to Equitable Sharing for the State, Local, and Tribal Law Enforcement Agencies. Chief
Ruszkowski stated the SBPD will continue to follow all guidelines including reporting
requirements of seized property as set out by the U.S. Department of Justice and the U.S. Department of Treasury Asset Forfeiture Programs. To help him quantity and understand the program better, President Taylor asked how many
vehicles were involved in the request for approval. Chief Ruszkowski responded to President
Taylor saying that it was based on a dollar amount and asked Logistics Assistant Aaron Knepper to elaborate on the program. Aaron Knepper introduced himself to the Board and clarified how the program works. He stated when vehicles or funds are seized by the police department and then released, the department can either sell the property and then give a
percentage of the funds to the federal government, or instead of losing that potential money
for the city, they can keep the vehicle and use it. Mr. Knepper stated that as of now, the department has two (2) vehicles that the department is in possession of and the number could change in the future. However, it was noted that not every vehicle seized is useable for police work. Chief Ruszkowski followed up Mr. Knepper’s answer by adding that selling the seized
property would result in about twenty percent (20%) going to the federal government, but if
the vehicle is used, they do not have to pay the federal government anything until the vehicle is sold. The program has been used by SBPD in the past and is less of a burden expense-wise than having to purchase unmarked or undercover vehicles to use in locations where there is an increase in violent activity or drug use.
Board Member Darryl Heller inquired about the types of conditions or situations that the federal guidelines allow for the seizure of property. In reply to Mr. Heller’s question, Chief Ruszkowski noted that the seizure of property must be judge ordered which can include small items like money to large items like houses. He stated the SBPD typically only seizes
vehicles, and the process for property seizers is a lengthy process. Chief Ruszkowski reassured the Board that the SBPD cannot seize property on their own. Upon a motion by Melissa Colpitts, seconded by Dan Jones, and carried by a roll call, the letter was approved. Due to technical difficulties, Board Member Lee Ross abstained from
the roll call vote. 10. RECEIVE SRO (SCHOOL RESOURCE OFFICER) AGREEMENT Police Chief Ruszkowski submitted a letter of the School Resource Agreement to the Board. President Taylor thanked Chief Ruszkowski for the agreement and stated he was personally
grateful for the program and felt it was much needed between the city and the school corporation. Chief Ruszkowski explained that the legal department and school administration attorneys worked hard to put this agreement together with community action groups and school board
involvement. Assistant City Attorney Christina Shakour noted that the plan was to have a final draft of the policy submitted to the board in January to reflect any changes. Board Member Daryll Heller commented that he had concerns about having SROs in schools. He clarified that his view of the agreement was not an attack on either the Board of
Public Safety or the South Bend Police Department. He suggested there were other ways to address the bigger issue of school safety, and he didn’t feel convinced that armed officers in the schools made school grounds any safer. Mr. Heller reminded the Board that when the issue came up as a policy issue in January of 2021, he was concerned that it was not in the duty manual. Mr. Heller commended the police department for doing their duty, however, he
challenged the school corporation to find more community-geared and student-friendly responses to school safety. President Taylor thanked Mr. Heller for voicing his concerns and said that the board appreciates those with different perspectives and opinions. On behalf of the Board, President
Taylor accepted the agreement from the City of South Bend and South Bend School Corporation.
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11. FILE MONTHLY STATISTICAL ANALYSIS REPORT – NOVEMBER 2021 Chief Ruszkowski stated that the monthly stats from November have dropped 1% and was at 10% for Part One Crimes through November 2021. He let the board know they are still working on fixing past reports to properly reflect crime in the area. In the past they had been
erroring on the side of extreme while reporting which has led to reports that have appeared more shocking than they should have been. Chief Ruszkowski stressed the importance for policing to be transparent and that he strives for the department to be transparent under his leadership even though that means people will be able to see the bad with the good. He clarified that as they go back and adjust the victims recorded in prior reports, it will not
change the number of incidents recorded. He gave the example that if there was nine (9) people in a basement and a bullet entered a second story window, officers would list nine (9) people as victims when they were not actually in a close enough proximity to be included as victims to the aggravated assault incident. Chief stated that the SBPD will be ready for accurate reporting come January 2022. President Taylor thanked Chief Ruszkowski for his
continued work on correcting the reporting issue and accepted the filing of November’s Monthly Statistical Analysis Report.
D. FIRE DEPARTMENT
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1. APPROVE 2022 CAPTAIN’S PROMOTION RANK LIST Aaron LaCava Scott Mellen Ben Norton Karl Hopkins
Chief Buchanon submitted a letter notifying the Board that the SBFD completed the 2022 Company Officer promotional process and above are the firefighters that will considered for Captaincy under the one (1) year probationary period when a Captain’s position becomes available. President Taylor asked if the order in which the firefighters were presented were how they would be submitted to the Board. Chief Buchanon confirmed that the order they
were listed is the order they came in as on the promotional board. Therefore, upon a motion by Dan Jones, seconded by Daryll Heller, and carried by roll call the Board of Public Safety approved the 2022 Captain’s Promotion Rank List.
2. ACCEPT DONATION FROM CAMBRIDGE SENSORS USA, LLC Chief Buchanon advised the Board of a generous donation made by Cambridge Sensors USA, LLC of 60 cases of antiseptic wipes valued at over $6,000 retail. The wipes have been distributed to the stations for use to be used by the crews at the fire stations and to disinfect the apparatuses. Chief Buchanon clarified that the wipes were donated at no cost to the
department. Board Member Jones asked Chief Buchanon to follow up the donation with a thank you letter. President Taylor accepted the donation to the fire department on behalf of the Board. 3. APPROVE RESOLUTION NO. 04-2021 – ESTABLISHING THE 2022 HOLIDAY
SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT RESOLUTION NO. 04-2021 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING THE 2022 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 current Collective Bargaining Agreement which is in force in 2022 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 the following holidays apply:
New Year’s Day (observed)1 Friday, December 31, 2021* Martin Luther King Jr. Day Monday, January 17, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022
Labor Day Monday, September 5, 2022 Veteran’s Day Friday, November 11, 2022 Thanksgiving Day Thursday, November 24, 2022 Day after Thanksgiving Friday, November 25, 2022 Christmas Day (observed) Monday, December 26, 2022
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SECTION IV. That all firefighters who are assigned to work a four- or five-day work week shall have one floating holiday to be taken, upon approval from a supervisor, at the time of their choosing.
* Note that the New Year’s Day holiday will be observed on December 31, 2021. In accordance with Sec. 2-120(b)
of the South Bend Municipal Code, this holiday shall be treated as if it fell into 2022 for the purposes of designating 10 holidays. Adopted this 15th day of December 2021.
s/Luther Taylor, President s/Daniel Jones, Member s/Melissa Colpitts, Member s/Darryl Heller, Member s/Lee Ross, Member
ATTEST: s/Hillary Horvath/Acting Clerk
Upon a motion by Daryll Heller, seconded by Dan Jones, and carried by a roll call the Resolution was approved. 4. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR NOVEMBER 2021 Fire Chief Carl Buchanon stated that every month they try and give a break down. He stated
November has been a busy month for the department due to multiple fires and investigations throughout the city, and this November was busier when compared to November of 2020. Chief Buchanon was delighted to state that there were no fatalities nor any firefighter injuries due to November circumstances. It was noted that the smoke detector and carbon monoxide detector program has continued to flourish as residents who do not have the resources or the
capabilities to install or maintain the life saving devices on their own, reach out and get assistance from the SBFD. Chief Buchanon acknowledged the hard work and effort the SBFD has put in to protect their districts confirming why the SBFD is considered a Class One (1) city. President Taylor thanked Chief Buchanon and asked if the overall run volume was fairly stable to which Chief Buchanon replied that it has been increasing. The increase
in run volume may be due to an increase in more residents coming to live in South Bend. Before moving on, Chief Buchanon thanked President Taylor for his service to the Board of Public Safety as well as his service to his community and the fire department through the years. He added that President Taylor is a great individual who is full of compassion and servant leadership. President Taylor thanked Chief Buchanon for his kind words and stated
that Public Safety has been a calling of his.
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PRIVILEGE OF THE FLOOR
Attorney Panowicz reminded the public to use the hand-raising function of Microsoft Teams to indicate their desire to speak during Privilege of the Floor. He reminded attendees that they would be allotted three (3) minutes to speak. Attorney Tom Panowicz asked to take a moment to thank President Taylor for his service.
He thanked Taylor for sharing his experience, guidance, and insight as he prepared for the meetings, and he wished President Taylor the best with his future endeavors. President Luther Taylor Thanked Attorney Panowicz. President Taylor stated that all the chiefs have been a pleasure to work with. He stated that public safety has been his life and
had some reservations about what he would do when he left and still does not quite yet know what he will do, but said that he has been blessed. President Taylor announced that he submitted his letter of resignation to Mayor Mueller in September of 2021. He noted that in his ten (10) years he has taken great pleasure working with many Board Members, chiefs, attorneys and has taken his role in public safety very seriously. Having spent thirty-four (34)
years with the fire department, ten (10) years with the Board of Safety, one (1) year with the Department of Homeland Security with the state of Indiana, he has truly been blessed over the years and assured the Board to not hesitate to reach out to him if they ever need anything. Board Member Dan Jones took a minute to comment that President Taylor has been a
great mentor and leader to the entire board and fire department over the years.
ADJOURNMENT There being no further business to come before the Board, upon a motion by Dan Jones and a second by Darryl Heller and carried by roll call, the meeting was adjourned at 10:45 a.m.
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BOARD OF PUBLIC SAFETY
______________________________
Daniel Jones, Member
______________________________ Melissa Colpitts, Member
______________________________
Darryl Heller, Member
______________________________ Lee Ross, Member
ATTEST:
______________________
Clerk