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HomeMy WebLinkAbout02162022 Board of Public Safety Meeting10 I.EXECUTIVE SESSION The Board of Public Safety met in Executive Session on Wednesday, February 16, 2022, at 8:35 a.m. with Board Members Daniel Jones, Melissa Colpitts, Darryl Heller, Lee Ross, Al Kirsits and Attorney Danielle Weiss. The meeting was held virtually via Microsoft Teams for the purposes specified in I.C. 5-14-1.5-6.1(b)(6)(A) regarding disciplinary action and I.C. 5-14-1.5-6.1(b)(7) regarding confidential records. The meeting ended at 9:06 a.m. BOARD OF PUBLIC SAFETY Daniel Jones, President Melissa Colpitts, Member _________________________________ Darryl Heller, Member ______________________________ Lee Ross, Member ______________________________ Alfred Kirsits, Member ATTEST: ___________________________ Theresa Heffner, Clerk II.REGULAR MEETING February 16, 2022The Board of Public Safety met virtually in the Regular Meeting at 9:17 a.m. on Wednesday,February 16, 2022, with President Dan Jones and Board members Melissa Colpitts, Darryl Heller,Lee Ross, and Al Kirsits. Also present was Attorney Danielle Weiss and Acting Board Clerk HillaryHorvath. The meeting was held virtually via Microsoft Teams at the following link: https://tinyurl.com/BPS02162022 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. Chief Carl Buchanon stated that there were also three (3) firefighters that were in the CISA program at the end of 2021 and did not get a formal pinning. Chief Buchanon asked if the Board would allow to have those three (3) firefighters be pinned with the other four (4) individuals during the meeting. Attorney Weiss asked if the three (3) firefighters (Kyle Wyszynski, Shawn Kuminecz, Adrian Kaser) had already been promoted and if the requested pinning during the current meeting would just be for the ceremonial aspect of promotion. Chief Buchanon confirmed so Attorney Weiss accepted the additional pinnings for the agenda. With no other additions noted, Attorney Weiss welcomed the public, called roll, and confirmed the presence of all Board Members. A.APPROVE MINUTES OF PREVIOUS MEETING Upon the agenda item presented for approval and asking for roll call vote, the Boardunanimously approved the Minutes of the January 19, 2022 regular meeting. B.FIRE DEPARTMENT 1.APPROVE PROMOTION OF CAPTAINS IN SPECIAL ASSIGNMENTChief Buchanon submitted a letter to the Board requesting the approval of Promotions ofCaptains in Special Assignment for Aaron LaCava, Scott Mellen, Ben Norton, and KarlHopkins. Chief Buchanon noted the pinning ceremony would start with the three (3)individuals who are already in the Captain in Special Assignment Program: Kyle Wyszynski, REGULAR MEETING FEBRUARY 16, 2022 11 Shawn Kuminecz, and Adrian Kaser. Chief Buchanon then turned the meeting over to Captain Metzger who gave a brief biography of the firefighters’ tenure on the job. The firefighters were pinned by family members and given Captain helmets. Upon a motion by Al Kirsits, seconded by Darryl Heller, and carried by roll call, the Board approved the Promotions of Captains in Special Assignment for Aaron LaCava, Scott Mellen, Bend Norton, and Karl Hopkins. 2.APPROVE APPLICATIONS AND DECLARATIONS OF RETIRMENTSFirefighter Douglas ApplegateFirefighter Ted Carlson IIICaptain Darrell Eiler Firefighter William FoxCaptain Edwin MeyerCaptain Joseph Wagner Chief Buchanon submitted letters to the Board for approval of the Applications and Declarations for Retirement for the above listed officers. Chief Buchanon stated that withinthese firefighters’ careers there is a combined experience of 178 years of being part of theSBFD and serving the South Bend community. He emphasized these individuals will begreatly missed due to their vast knowledge, experience, and all of the goodwill they haveprovided to the South Bend community. Chief Buchanon also acknowledged that these individuals served with pride, and the administration is very grateful that they served forsuch a long length of time and did so admirably and with honor. Chief asked the Board tojoin him in wishing the firefighters a healthy and safe retirement. Therefore, upon the agendaitem presented for approval and asking for roll call vote, the Applications and Declarationsfor Retirements were approved unanimously. 3.ACCEPT LETTER OF RESIGNATION - CAPTAIN RYAN TAKACSChief Buchanon submitted a letter of Resignation to the Board for Captain Ryan Takacs.Chief Buchanon updated the Board stating Captain Takacs was a great asset to the SBFD and served with honor for the past ten (10) years. Chief Buchanon commended Captain Takacsfor wanting to concentrate on taking care of himself and his family. Chief Buchanon askedthe Board to join him in wishing Captain Takacs good health and the best of luck in hisfuture endeavors. President Jones echoed Chief Buchanon’s sentiment and accepted theresignation on behalf of the Board. 4. FILE MONTHLY STATISTICAL ANALYSIS REPORT – JANUARY 2022Chief Buchanon stated that monthly the department has been able to complete moreinspections and did over 205 inspections. There have been more fires due to the nature ofinclement weather and the public having utilize different methods for heating their residences. Chief Buchanon stated they have eight (8) investigations into fires that weresuspicious in nature, but they are ongoing investigations. He noted the monthly total formaking calls to the public for the month of January was 5,122 calls for the combined unitwhich is an increase from the previous year, but stated again, a lot of times fire patterns areaffected by weather conditions and to the public being home more due to the pandemic. REGULAR MEETING FEBRUARY 16, 2022 12 5. FILE 2021 ANNUAL STATISITCAL ANALYSIS REPORT Chief Buchanon submitted the 2021 Annual Statistical Analysis Report to the Board. ChiefBuchanon noted that overall, for the year of 2021, $2,000,000 in damages to property weresustained, which he stated is staggering, but less so when one thinks of it being over a twelve (12)month period. He stated the department accumulated almost 23,000 calls that were responded to for the year of 2021, which Chief Buchanon clarified that for the department in the size of our city, is relatively normal. Chief Buchanon stated the department takes pride inmaking sure that they respond to every call accordingly. Chief Buchanon stated they putthemselves in a lot of positions with fires, alarms, EMS calls, and even calls that come to the station which do not come through the dispatching system. Chief Buchanon stated he appreciates that the department is able to provide the statistics that were reported at the meeting, and he added that he could not be prouder of the firefighters for putting on auniform and going out, no matter what the situation is, and giving the best that they can giveto the public. President Jones accepted the Monthly and Annual Statistical Analysis Reportson behalf of the Board. C.POLICE DEPARTMENT REGULAR MEETING FEBRUARY 16, 2022 13 1.APPROVE PROMOTIONS TO PATROLMAN 1ST CLASSKiel LovekinTrent MamazzaJose AguilarChief Scott Ruszkowski submitted a letter for Promotions to Patrolman 1st Class for Keil Lovekin, Trent Mamazza, and Jose Aguilar. He stated Lovekin and Mamazza would bepromoted effective January 29th and Aguilar would be effective January 26th. Upon a motionby Darryl Heller, seconded by Al Kirsits, and carried by roll call, the Promotions toPatrolman 1st Class were approved. 2.APPROVE APPLICATION AND DECLARATION OF RETIREMENT- OFFICER CORI BAIRChief Ruszkowski submitted a letter for the Application and Declaration of Retirement forOfficer Cori Bair effective February 26, 2022. He stated that Officer Bair has been with theSBPD for twenty-seven (27) years, nine (9) months and twenty-seven (27) days. Upon a motion by Lee Ross, seconded by Darryl Heller, and carried by roll call, the Application forRetirement was approved. 3.ACCEPT LETTERS OF RESIGNATIONOfficer Kyle Brownfield Officer Brittany BaylesChief Ruszkowski submitted a letter of Resignation for Officer Kyle Brownfield effectiveFebruary 25, 2022. He stated Officer Brownfield has been with the department sinceNovember 5, 2013 and is resigning for family reasons. Chief Ruszkowski stated OfficerBrittany Bayes effective resignation date was February 14, 2022 and said she will be going into the federal sector. Officer Bayles was sworn in the SBPD in November of 2015. TheLetters of Resignation were accepted by Dan Jones on behalf of the Board. 4. APPROVE LETTER OF RECOMMENDED DISCIPLINARY ACTION- OFFICERJOSHUA LAWSON Chief Ruszkowski submitted a letter of Recommended Disciplinary Action for OfficerJoshua Lawson. Chief Ruszkowski stated Officer Lawson did not contest the proposeddiscipline and asked the Board to approve the discipline. Darryl Heller asked for a reasoning behind the disciplinary action. Chief Ruszkowski stated he was limited on what he could share prior to the Board’s approval. He clarified that thediscipline severity was based on using the Discipline Matrix for a guideline and disciplinaryaction for this incident as well as a prior investigated incident would be made available to the public upon the Board’s approval. Upon a motion by Melissa Colpitts, seconded by Al Kirsits, and followed by a roll call, theLetter of Recommended Disciplinary Action was approved. 5.ACCEPT CHIEF’S LETTER RECOMMENDING DISMISSAL– OFFICER JUSTINTIDEY Chief Ruszkowski submitted a letter of Recommendation for Dismissal of Officer JustinTidey from the South Bend Police Department. Chief Ruszkowski stated he was unable tocomment anymore by law since Officer Justin Tidey had asked for a hearing. He noted thatSBPD Attorney, Kylie Connell, was virtually in attendance of the meeting and could fieldquestions from the Board, if any. Attorney Weiss stated the Board is acknowledging that the letter was filed with the Board and then the next item would be approving the request for thehearing. President Jones accepted the Chief’s Letter Recommending Dismissal of OfficerJustin Tidey on behalf of the Board. 6. APPROVE REQUEST FOR HEARING – JUSTIN TIDEY On February 11, 2022, Officer Justin Tidey submitted a letter requesting a hearing. AttorneyWeiss noted that there was a timely request for a hearing by the officer, and he is entitled to ahearing under the statutes, and she added that this part of the process is more of a formalityfor the Board to approve the request for a hearing. Upon a motion by Darryl Heller, secondedby Melissa Colpitts, and carried by roll call, the letter requesting a hearing for Officer Justin Tidey was approved. REGULAR MEETING FEBRUARY 16, 2022 14 7.FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR JANUARY 2022Chief Ruszkowski stated this would be the SBPD’s January 2021 to January 2022comparison. Chief Ruszkowski stated one of his grievances has been with the part-oneoffenses, specifically the aggravated assault category. Chief Ruszkowski recapped that theyhave been overcounting victims, not incidents, and he continued to say that every incident is documented well, but he admitted the SBPD did not do a good job of vetting who the actualvictims were in each incident due to grey areas in the reporting system. For clarification,Chief Ruszkowski gave the example of a bullet which happens to go into an upstairs windowwhile there are three (3) people downstairs in the basement. In past reporting with theSBPD, those three (3) persons would often be classified as victims of aggravated assault; however, if the people were in the basement, then there is no reasonable proximity to theincident (the bullet entering the upstairs window) that would label the three (3) people asvictims to aggravated assault, but rather they would be classified as other participants orwitnesses to the incident. Chief Ruszkowski stated that during their internal and externalaudits, it was determined that the SBPD was overreporting victims, but the incidents reported were found accurate. Chief Ruszkowski stated there is a twenty-six percent (26%) decrease overall in part-onecrimes and notably within that has been a thirty percent (30%) decrease of aggravatedassaults with the number of victims varying based on true and legitimate victims within those incidents. It was noted larceny had decreased by forty-two percent (42%) which examplesinclude a license plate being stolen from a vehicle, something being stolen from inside avehicle, or shoplifting. He noted there are a lot of subcategories within larceny. ChiefRuszkowski added that the department will be going back with external audits through theentire year of 2021 to correct past reporting. Chief Ruszkowski also wanted to note for the Board that on the second page of the report,there is an asterisk next to justifiable homicide classification, and stated they do not countthose into the actual figures and stated that it would still be counted as somebody who died.He stated this is a matter on how the prosecutor rules whether a homicide was justifiable or not, or whether it was a murder or not. For clarification, Darryl Heller asked ChiefRuszkowski if there was a reason to keep justifiable homicide as a category if it is not reallybeing documented, as it was being folded into general homicides. Chief Ruszkowski repliedthat this question came up from the Board of Safety several years ago, because theprosecutor is the only one who can make a ruling on justifiable homicide. He continued that a lot of people were curious as to know what the progress was on a shooting and specificallya homicide. Chief Ruszkowski explained that, from a classification perspective for reportingwith NIBRS (National Incident-Based Reporting System) or UCR (Uniform CrimeReporting), not every homicide is a murder, but every murder is a homicide. ChiefRuszkowski said with a justifiable homicide, the numbers do not get reported to the FBI. They just see it as a homicide and the number will always remain regardless of what thecircumstances were involved. Chief stated there are many subcategories withinmanslaughter, involuntary manslaughter, and justifiable homicide. Darryl Heller rephrased his question and asked if there was a reason to keep justifiable homicide in the report. Chief Ruszkowski stated that would be up to the Board, and he saidpeople have previously asked during the Community Action Group (CAG) meetings, and the neighborhood meetings to have those in the reports. Chief stated without the reporting,concerned residents would not get to know the results of the incidents, but notificationswould be done when an arrest is made. Chief stated it is up to the Board if they would like to keep it or remove it. Darryl Heller thanked Chief Ruszkowski. REGULAR MEETING FEBRUARY 16, 2022 15 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 Danielle Weiss noted that there is a new Board of Public Safety Clerk and introduced Theresa Heffner. Theresa Heffner, Clerk to the Board of Public Safety introduced herself and stated she is coming from Indiana University, South Bend for the past thirteen (13) years and is excited and happy to start a new chapter in her life working with the City. Attorney Weiss and the Board Members welcomed her to the Board. ADJOURNMENT There being no further business to come before the Board, upon a motion by Darryl Heller, seconded by Al Kirsits, and carried by roll call, the meeting was adjourned at 10:02 a.m. REGULAR MEETING FEBRUARY 16, 2022 16 BOARD OF PUBLIC SAFETY Daniel Jones, President ______________________________ Melissa Colpitts, Member ______________________________ Darryl Heller, Member ______________________________ Lee Ross, Member ______________________________ Alfred Kirsits, Member ATTEST: ______________________ Theresa Heffner, Clerk