HomeMy WebLinkAbout01192022 Board of Public Safety Meeting1
I.EXECUTIVE SESSION
The Board of Public Safety met in Executive Session on Wednesday, January 19, 2022, at 8:33 a.m. with Board Members Daniel Jones, Melissa Colpitts, Darryl Heller, Lee Ross, Al Kirsits, Attorney Danielle Weiss, and Attorney Sandra Kennedy. Attorney Kennedy left the meeting at 8:50 a.m. Chief Ruszkowski and PD Attorney Kylie Connell joined the session at 9:02 a.m. and both left at 9:07 a.m. The meeting was held virtually via Microsoft Teams for 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) regarding disciplinary action, collective bargaining discussion, and litigation strategy. The meeting ended at 9:12 a.m.
BOARD OF PUBLIC SAFETY
Daniel Jones, President
Melissa Colpitts, Member
_________________________________ Darryl Heller, Member
______________________________ Lee Ross, Member
______________________________ Alfred Kirsits, Member
ATTEST:
___________________________ Clerk
II. REGULAR MEETING January 19, 2022 The Board of Public Safety met virtually in the Regular Meeting at 9:17 a.m. on Wednesday, January 19, 2022, with Board members Dan Jones, Melissa Colpitts, Darryl Heller, and Lee Ross
present, along with newly appointed Board Member Al Kirsits. Also present was Attorney Danielle Weiss and Acting Board Clerk Hillary Horvath. The meeting was held virtually via Microsoft Teams at the following link: https://tinyurl.com/2022BPSHybrid
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. Attorney Kylie Connell with the South Bend Police Department asked the Board to add the receipt of Lexipol updates 306 regarding vehicle pursuits to the agenda. Chief Ruszkowski requested a last-minute addition to the agenda for the resignation of Officer Timothy Wiley from the SBPD. Attorney Weiss
accepted both additions to the agenda. With no other additions noted, Attorney Weiss welcomed the public, introduced Al Kirsits as a newly appointed Board member, called roll, and confirmed the presence of all Board Members.
A. ELECTION OF 2022 BOARD OF SAFETY PRESIDENT
Darryl Heller and Melissa Colpitts both nominated Board Member Dan Jones for the role ofpresident. With no other nominations, Attorney Weiss asked for a motion and a second toclose the nominations which was then followed by a motion from Al Kirsits, seconded byLee Ross, and carried by roll with Dan Jones abstaining from the vote. Upon a motion byDarryl Heller, seconded by Melissa Colpitts and carried by roll call with Dan Jones
abstaining from the vote, the Board elected Dan Jones as the president for the Board ofPublic Safety
B.APPROVE MINUTES OF PREVIOUS MEETING
REGULAR MEETING JANURARY 19, 2022 2
Upon a motion by Dan Jones, seconded by Melissa Colpitts and carried by roll call, the
Board approved the Minutes of the December 15, 2021 regular meeting. Al Kirsits abstained from the vote as he was not on the Board in 2021.
C.POLICE DEPARTMENT
1.APPROVE PROMOTION TO PATROLMAN 1st CLASS—KEITHA-MARIA SANTANAChief Scott Ruszkowski submitted a letter to the Board requesting the approval of Promotionfor Keitha-Maria Santana from the rank of Patrolman 2nd Class to the rank of Patrolman 1st
Class effective January 14, 2022. Chief Ruszkowski stated Keitha-Maria was a transfer fromthe Baltimore Police Department and stated he highly recommends her be promoted to
Patrolman 1st Class while completing the remainder of her probationary status. Upon amotion by Lee Ross, seconded by Al Kirsits, and carried by roll call, the Board approved the Promotion of Keitha-Maria Santana to Patrolman 1st Class.
2.APPROVE PROMOTION TO LIEUTENANT IN SPECIAL ASSIGNMENT—DAVID
JOHNSONChief Ruszkowski stated that after the retiring of Lieutenant Hinton, there has been shiftingwithin the department leading to the request of the Board to approve the Promotion ofSergeant David Johnson to Lieutenant in Special Assignment within the Patrol Division.Chief informed the Board that Sergeant Johnson has been with the department since
December of 2000 and believes the promotion is well deserved.
Darryl Heller asked Chief Ruszkowski what the length of time is for a probationary periodwithin the department. Chief Ruszkowski informed the Board that the typical probationaryperiod is a one-year period that includes supervisor training and orientation, and in Johnson’s
case, will include evaluations from shift Captains and the Patrol Division Chief. The goal ofthe department is to coach, mentor, and guide newly promoted officers to set them up forsuccess in their new position. Chief Ruszkowski also stated that during probationary periods,the city legal team will also assist in training depending on the promotion rank and theresponsibilities required of the rank.
Upon a motion by Al Kirsits, seconded by Lee Ross and carried by roll call, the Boardapproved the promotion of Sergeant Johnson to Lieutenant in Special Assignment. Followingthe roll call, Lieutenant Johnson was pinned by his son Trevor.
3.APPROVE APPLICATIONS AND DECLARATIONS OF RETIRMENTDetective Galen PelletierPatrolman Kenneth RyanPatrolman Michael VanVynckt
Police Chief Scott Ruszkowski submitted letters to the Board for approval of theApplications and Declarations for Retirement for the above listed officers. President Jonesexpressed his regret over the number of years of experience the department was losing withtheir retirement, but he asked the Board to join him in wishing the officers success in theirfuture endeavors and thanked them for their many years of service with the SBPD. Upon a
motion by Darryl Heller, seconded by Al Kirsits, and followed by a roll call, theApplications and Declarations for Retirements were approved.
4. ACCEPT LETTER OF RESIGNATION - DETECTIVE TIMOTHY WILEYChief Ruszkowski submitted a Letter of Resignation to the Board for Detective Timothy
Wiley. Chief Ruszkowski updated the board that Detective Timothy Wiley, who has servedthe department since August 2005, has submitted his notice of resignation effective January31, 2022 to start employment with another law enforcement agency. On behalf of the Board,President Jones accepted the Letter of Resignation.
5. APPROVE LEXIPOL POLICY UPDATE—401-BIAS-FREE POLICINGChief Ruszkowski presented to the board a Lexipol policy update for Section 401-Bias-FreePolicing. Chief Ruszkowski stated that after 21CP, a company focused on assisting cities andlaw enforcement with public safety work, came to the SBPD, 21CP suggested updating their
policies to include more emphasis and wording. In section 401 the SBPD changed the
heading to be called Bias-Free Policing and have continued to work on updating section 401
REGULAR MEETING JANURARY 19, 2022 3
as well as other policies.
Darryl Heller stated that he appreciated that the department was trying to be more inclusive by using gender-neutral pronouns as opposed to masculine and feminine pronouns, but he noted that in section 401.5a there was a “his/her” that was missed and should be changed to “their” to keep section 401 uniform throughout the whole policy. Attorney Kylie Connell
replied to Darryl Heller that it was the department’s intention to change all feminine and masculine pronouns, but that specific pronoun pair in 401.5a was missed during the revising of the policy wording.
Al Kirsits asked Chief Ruszkowski how long the SBPD had been using the Lexipol policies
for policing. Chief Ruszkowski replied that the SBPD is one of the first departments in the area to use Lexipol and that some fire departments and law agencies in the area have since started utilizing the system for their own agencies. Chief also noted that the department started using it back when he was a division chief which would be roughly seven (7) or eight
(8)years ago. Al Kirsits thanked him for his response and stated that he was familiar with the system on the fire department side of things, but he was not familiar with it on the policingside.
Upon a motion by Darryl Heller, seconded by Melissa Colpitts and carried by roll call, the
board approved Lexipol Policy Update 401—Bias-Free Policing. Attorney Weiss clarified that the vote was to approve the changes already submitted to the Board and then additionally, go back in and make the correction to 401.5a by changing out the “his/her” pronoun to “their” that was pointed out by Darryl Heller.
6. RECEIVE LEXIPOL POLICY UPDATE— 306-VEHICLE PURSUITSChief Ruszkowski asked the Board to receive Lexipol Policy Update 306-Vehicle Pursuits.Chief Ruszkowski noted he had a scrivener’s error in 306.5b and asked that where it says,“dual command” it be changed to “dually command”. Chief Ruszkowski stated that anytime
there are certain events involving policies within the department such as use of force, vehicle pursuits, or body cameras, there is an expectation from the Board that the events arecompared to the Lexipol policies. The Lexipol Policies would be used as a living documentwhere changes to the document would be submitted to the Board for approval.
Darryl Heller asked if they would be getting an updated copy of the Lexipol Policy Update—306 Vehicle Pursuits soon, to which Chief Ruszkowski replied that they would be sending itout very soon and that there was a lot of work that has been going into this Policy Update.Attorney Weiss confirmed the Board will receiving the Policy Update soon and that it will beup for consideration at the next meeting. Attorney Connell notified everyone that she had
emailed the policy to the Board.
Melissa Colpitts noted a formatting issue within the document in 306.3 where there was nospace between “that” and “the”. Chief Ruszkowski replied that the downside of the Lexipolprogram they were using sometimes screws up the formatting when items are copied and
pasted to and from Lexipol and Microsoft Word. Attorney Connell confirmed that formattingissue between the two software programs and said that when the final document is release,formatting issues will be adjusted. Attorney Connell also let the Board know that she wouldsend out another version of the policy where the Chief’s last minute correction of “dual” to“dually” was also corrected.
With no other questions or comments from the Board, the Lexipol Policy Update—306-Vehicle Pursuits was received.
7.FILE FOURTH QUARTER TRAINING AND TRAVEL REPORT FOR SPECIALIZED
SCHOOLSChief Ruszkowski submitted the Fourth Quarter Training and Travel Report for SpecializedSchools for October through December of 2021 to the Board. Chief Ruszkowski noted thatthe total for the fourth quarter was $2,707.74 for schools that are not onsite and are travel
schools. He continued to say that the Board may recall past reports being longer while this
report was only a portion of a sheet due to COVID-19 causing cancelations and changes tooffsite training and learning.
REGULAR MEETING JANURARY 19, 2022 4
8. FILE MONTHLY STATISTICAL ANALYSIS REPORT – DECEMBER 2021
Chief Ruszkowski stated that there had been a 7% increase in Part One Crimes when
comparing 2020’s total of 5969 offenses and 2021’s total of 6358 offenses. He noted thatthere is crime and then there is the fear of crime as media has caused South Bend to beperceived as more dangerous when, in reality, there has been an almost 10% decrease inpeople criminally shot. He remarked that in 2020 there were 133 people criminally shot
versus 121 criminally shot in 2021. Chief Ruszkowski noted that regardless of the decrease
in people criminally shot, any number above zero (0) is too many. He said that to get thenumbers down it is an “all hands on deck” effort between police and the community beingproactive and not just retroactive when crimes have already been committed. He stressed the importance of citizens who know something, to say something.
President Jones asked if there were any questions, and with none noted, President Jonesaccepted the report on behalf of the Board.
REGULAR MEETING JANURARY 19, 2022 5
D.FIRE DEPARTMENT
1.APPROVE 2022-2024 FIRE DEPARTMENT COLLECTIVE BARGAININGAGREEMENT
City Attorney Sandra Kennedy stated the Collective Bargaining Agreement has been in
process since July of 2021. The Common Council passed the salary ordinance related to thisin December of 2021 and the portion being presented to the Board is the working agreementthat discusses items such as overtime issues and attendance issues. She stated this is a three(3)year agreement and it was approved by a majority vote by the union (151 to 22) over the
weekend, and she asked the Board of Safety to approve it. Upon a motion by Al Kirsits,seconded by Darryl Heller and carried by a roll call, the Fire Department CollectiveBargaining Agreement was approved.
2.APPROVE RESOLUTION NO. 01-2022 ADOPTING A POST-EMPLOYMENT HEALTH
PLAN FOR THE SOUTH BEND FIRE DEPARTMENTAttorney Kennedy stated the Post-Employment Health Plan (PEHP) was approved by theCommon Council in December 2021 and it is also a part of the Collective BargainingAgreement. The City has agreed to deposit one hundred and twenty dollars ($120) per swornfirefighter into a PEHP account annually which helps bridge the gap between the cost of City
sponsored health insurance after firefighters retire until they reach Medicare age. AttorneyKennedy stated the resolution authorizes the establishment of the plan which was alreadyauthorized by Council and allows the City to work with the Union to modify the plan toallow the deposit of sick buyback days or vacation buyback days, but that would ultimatelybe up to the Union to make that decision.
Darryl Heller asked if the Board’s approval was just a formality considering the plan hadalready been approved by the Common Council, and he also asked what would happen if the Board did not approve the plan. Attorney Kennedy stated the approval is required by theplan administrator (Nationwide Retirement Solutions, Inc.) who administers the plan, and the
Board approval is a formality to set up the plan. She clarified to the Board, if the Board didnot approve it, she would need to go back to the Common Council.
Al Kirsits asked what would happen to the funds if a Firefighter were to retire after twenty(20) years, move onto another employer with healthcare, and decide not to continue his
retirement healthcare, or they leave the field before they get their twenty (20) years in.Attorney Kennedy stated the funds could not be removed from the account and they wouldnot get the money as it can only be used for the health care and unused money gets pooledfor other members of the plan to access for healthcare. Attorney Kennedy stated the City isdepositing the money and there is not requirement to match. She stated the only difference is
if there is a sick buyback provision, then every firefighter that is trying to sell back sick days,would have to deposit the money into the plan account.
REGULAR MEETING JANURARY 19, 2022 6
Melissa Colpitts recalled that when a firefighter has a sick child or family member that they need to care for, the firefighter is not supposed to use their sick time. She continued to ask what firefighters were supposed to use in those situations. Attorney Kennedy stated that would be a question more for the Fire Department Administrative and said the rest of the city uses sick time in those situations, but stated her understanding is firefighters are to use comp
time. Chief Buchanon confirmed that she was correct, but they do encourage the employees to apply for Family and Medical Leave Act (FMLA) or Paid Family and Medical Leave Act (PFMLA) to help offset any inconvenience of them using their personal time off. Chief Buchanon continued with saying that PFLMA was designed to help an employee take care of a family member. Melissa thanked Attorney Kennedy and Chief Buchanon.
Upon a motion by Melissa Colpitts, seconded by Darryl Heller, and carried by a roll call the Resolution was approved.
RESOLUTION NO. 01-2022 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A POST-EMPLOYMENT HEALTH PLAN FOR THE SOUTH BEND FIRE DEPARTMENT
WHEREAS, the Board of Public Safety (the “Board”) is the administrator of the South Bend
Fire Department (“Fire Department”) and has the "exclusive control over all matters and property relating" to it and the authority to govern the Fire Department pursuant to Indiana Code §36-8-3-2; and
WHEREAS, the South Bend Common Council (the “Council”) has authorized the
establishment of a Post-Employment Health Plan (“PEHP”) for retired firefighters pursuant to Ordinance No. 10831-21, dated December 14, 2021; and
WHEREAS, the Board agreed to the establishment of a PEHP plan in the Collective Bargaining Agreement executed between the City of South Bend (the “City”) and the South Bend
Firefighters’ Association Local 362 (the “Union”), dated January 19, 2022; and
WHEREAS, the PEHP is a Voluntary Employee Beneficiary Association governed by section 501(c)(9) of the Internal Revenue Code; and
WHEREAS, the Council has authorized the City and the City has agreed to contribute One Hundred Twenty Dollars ($120.00) for each sworn firefighter into the PEHP annually for the calendar years 2022, 2023, and 2024; and
WHEREAS, as agreed between the Union and the City, the firefighters may make additional
contributions to the PEHP as more specifically set forth in the plan documentation as the same may be amended from time to time; and
WHEREAS, under the PEHP program to be established by the City, Nationwide Retirement Solutions, Inc. (“NRS”) will provide administrative services in exchange for a fee as agreed upon by
the City and NRS; and
WHEREAS, the Board, as the administrator of the Fire Department, desires to adopt the PEHP program as authorized by the Council and reviewed by the City’s Legal Department.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, as follows:
Section I. The Board, meeting in a regularly scheduled session on January 19, 2022, hereby adopts the PEHP program on behalf of the eligible firefighters of the Fire Department.
Section II. The Board hereby authorizes Daniel Parker, the Controller for the City, or his designee, to execute, on behalf of the eligible firefighters of the Fire Department, a participation agreement with NRS, authorizing NRS to act as the administrator of the plan and the agent of the
REGULAR MEETING JANURARY 19, 2022 7
City, and other such agreements and contracts as are necessary to implement the program, as the
same are reviewed by the City’s Legal Department.
Section III. This resolution shall be in full force and effect from this date.
Resolution 01-2022 is adopted at a meeting of the Board of Public Safety of the City of
South Bend, Indiana held electronically on the 19th day of January 2022, as authorized by Executive Order 20-09 issued by the Governor of the State of Indiana, as subsequently renewed.
BOARD OF PUBLIC SAFETY
OF THE CITY OF SOUTH BEND, INDIANA
s/Daniel Jones, President s/Melissa Colpitts, Member s/Darryl Heller, Member
s/Lee Ross, Member s/Alfred Kirsits, Member ATTEST: s/Hillary Horvath/Acting Clerk
3.APPROVE APPLICATION AND RETIREMENT – FIRE INSPECTOR BRIANRUCKERTChief Buchanon submitted a letter for the Declaration of Retirement for Fire Inspector BrianRuckert BN#480. Chief Buchanon stated that Brian Ruckert was appointed to the SBFD on
October 25, 2000 and has served with loyalty and diligence. His effective date of Retirementwas January 8, 2022, giving him over twenty (20) years serving South Bend. ChiefBuchanon asked the Board to join him in appreciation and gratitude to Fire Inspector BrianRuckert for his commitment and distinguished service to the South Bend Fire Departmentand the residents of South Bend. Chief Buchanon wished him many years of happiness in his
retirement. Upon a motion by Darryl Heller, seconded by Al Kirsits, and carried by a rollcall, the Application for Retirement was approved.
4.ACCEPT LETTER OF RESIGNATION- FIREFIGHTER KENYON LEDERMANChief Buchanon submitted the letter of Resignation for Firefighter Kenyon Lederman
BN#587. Chief Buchanon stated he was appointed to the South Bend Fire Department onAugust 21, 2013, and served primarily as the driver of Engine #2, A-shift, as well as amember of the Swiftwater and Tactical Rescue Teams. His effective date of resignation wasJanuary 4, 2022. Chief Buchanon asked that the Board join him in expressing appreciationand gratitude to Firefighter Lederman for his eight (8) years of service to the South Bend
Fire Department and the residents of South Bend, and he wished him the best of luck in hisfuture endeavors. President Jones thanked Chief Buchanon and accepted the letter ofresignation on behalf of the Board.
5.FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR DECEMBER 2021
Fire Chief Buchanon stated this analysis is not only the December 2021 report, but alsoincludes some year-end statistics. Chief Buchanon noted that property damages haveincreased from December 2020, and is estimated at around $247,000 of property damagefrom structure fires in December of 2021. The Inspections Bureau was able to do 102inspections for the month of December and did ten (10) investigations. Chief stated
December was a very busy month for the department. Chief Buchanon continued saying thatthe total of runs for the month of December 2021 was 5,054 runs, and they installed 274smoke detectors including six (6) of them that were designed for the hearing impaired. Henoted the smoke detector program is thriving and even though COVID-19 has curtailed thedepartment being able to go into residents’ homes, they were still able to provide smoke
detectors and carbon monoxide detectors. Chief Buchanon also noted families can havesomeone in their household install detectors with the guidance of the fire department, or if ahousehold has no one able to install a detector, the department is more than willing to assistin the installation.
REGULAR MEETING JANURARY 19, 2022 8
Melissa Colpitts asked how a resident can go about getting their home’s detectors inspected or installed and where the information for the program is posted for residents to find. Chief Buchanon stated they could contact Fire Marshall Gerald Ellis, and his department would be happy to contact the resident to set up the inspection or installation. He continued by saying the information for the program is on the fire department’s website under the fire prevention
section. President Jones thanked Chief Buchanon, and on behalf of the Board, accepted the report.
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.
President Dan Jones stated that the Board has been pleased regarding the new recruits being hired for the SBPD but are also seeing retirements and resignations as well. He asked Chief Ruszkowski to address the challenges of the staffing the police department. Chief Ruszkowski stated they are about twenty-five (25) officers short with the three (3) retirements and one (1) resignation today. Chief Ruszkowski stated there are five (5) in the
academy and one (1) officer in transfer status, but he noted that new officers can take one (1) year to eighteen (18) months to be street eligible and street worthy. Chief stated the shortage is national as well, but the department is still operating the best that they can, and so far, have been able to keep the street staff and detective bureau operating.
Regarding the recent stabbing at Adams High School, President Jones stated he was approached by someone, and this person was under the impression that the School Resource Officer was not onsite at the time of the stabbing. Chief Ruszkowski clarified that the SRO was on site, but with it being a large school, he was not at the exact location of the student. Chief Ruszkowski affirmed that the SRO did respond quickly to the incident and the officer
facilitated other responding officers who arrived to the scene. Chief Ruszkowski also stated that the department deals with threats all the time and the department acts on all of them because of how seriously the department takes preventative action. President Jones thanked Chief Ruszkowski for his response to his inquiries.
REGULAR MEETING JANURARY 19, 2022 9
Terry Bays, 827 Park Ave. South Bend, IN 46616 introduced herself as a parent of a student at Adams High School. She thanked the police department and said her child was in the building at the time, and it was reassuring that the situation was under control. Terry stated she was pleased to hear that there was a meeting every Tuesday to review Use of Force incidents against the Lexipol policies in place. Ms. Bays asked Chief Ruszkowski who
all is involved in the comparison of the events and the policies. Chief Ruszkowski stated that every Tuesday they discuss not just Use of Force or Pursuits but also other internal affairs such as notifications or investigations. Chief stated that those involved include internal affairs officers, the office of professional standards, patrol captains, detective captains, all command staff, and himself.
Al Kirsits, Board Member, Thanked the Mayor’s Office, Attorney Weiss, and Interim Board Clerk Hillary Horvath for getting him up to speed with Board duties. He thanked the Board members for welcoming him and Mr. Kirsits commented on taking prior Board President Luther Taylor’s position, of whom he has great respect for. Lastly, Al Kirsits
expressed how he was looking forward to being a member of the Board of Public Safety.
Eric Griffon, 4025 Lincoln Way West, stated that on behalf of the Local 362 Negotiating Committee and the Executive Board, he thanked the Board members for voting favorably on the contract and the PEHP and is excited for the outcome. He also thanked Attorney
Kennedy for working with the committee and all her help.
ADJOURNMENT There being no further business to come before the Board, upon a motion by Darryl Heller and a second by Lee Ross and carried by roll call, the meeting was adjourned at 10:15 a.m.
BOARD OF PUBLIC SAFETY
Daniel Jones, President
______________________________
Melissa Colpitts, Member
______________________________ Darryl Heller, Member
______________________________
Lee Ross, Member
______________________________ Alfred Kirsits, Member
ATTEST:
______________________
Clerk