HomeMy WebLinkAbout05182022 Board of Public Safety Meeting32
I.EXECUTIVE SESSION
The Board of Public Safety met in Executive Session on Wednesday, May 18, 2022, at 8:36 a.m. with Board President Daniel Jones, and Board members Melissa Colpitts, Lee Ross, Al Kirsits, Darryl Heller (absent), and Attorney Danielle Weiss. The meeting was held in the 13th Floor Boardroom, County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, and virtually via Microsoft Teams for the purposes specified in I.C. 5-14-1.5-6.1(b)(2)(B) to discuss strategy with
respect to litigation pending or threatened specifically in writing and I.C. 5-14-1.5-6.1(b)(6) to receive information concerning an individual’s alleged misconduct and to discuss, before a determination, the individual’s status as an employee. The meeting ended at 9:01 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 May18, 2022 The Board of Public Safety met in the Regular Meeting at 9:16 a.m. on Wednesday, May 18, 2022,
with Board President Dan Jones, and board members Melissa Colpitts, Darryl Heller (absent), Lee Ross, Al Kirsits was present. Also present were Police Chief Scott Ruszkowski, Fire Chief Carl Buchanon, and Attorneys Danielle Weiss, Christina Shakour, and Kylie Connell. Board Clerk Theresa Heffner was also present. The meeting was held in the 13th Floor Boardroom, 227 W. Jefferson Blvd., South Bend, Indiana and virtually via Microsoft Teams at the following link:
https://tinyurl/BPS05182022Hybrid
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. Fire
Chief Buchanon requested an addition to the agenda for the Board to approve the lateral hiring of two (2) firefighters. Police Chief Ruszkowski also requested an addition to the agenda for the Board to approve the promotion of Andrew Hines to Sergeant in Special Assignment. Attorney Weiss approved the additions and with no other additions noted, referred to President Dan Jones who called roll and confirmed the presence of the Board Members.
A.APPROVE MINUTES OF PREVIOUS MEETINGUpon a motion by Mr. Kirsits, seconded by Ms. Colpitts and carried by roll call, the Boardapproved the Minutes of the April 20, 2022 regular meeting. Mr. Ross did not vote since hewas not in attendance at the April 20, 2022 meeting.
B.POLICE DEPARTMENT
REGULAR MEETING MAY 18, 2022 33
1.APPROVE HIRING OF PROBATIONARY POLICE OFFICERS
Chief Scott Ruszkowski submitted a letter to the Board recommending that the belowindividuals be accepted for employment as probationary police officers with the SBPDeffective May 18, 2022.
Upon a motion by Mr. Ross, seconded by Mr. Kirsits, and followed by a roll call, the hiring
of probationary police officers was approved.
2.SWEARING IN OF PROBATIONARY POLICE OFFICERSNicholaus Paul BaabDakota Jay Cremeans
Devonte Tahshawn SprattBrock Michael StatonNathan Edward StollOfficer Chris Brady gave a brief biography of the Officers highlighting their talents,achievements, education, and interests. City Clerk Dawn Jones administered the oath,
followed by the badge pinning.
3.APPROVE PROMOTIONS TO PATROLMAN 1ST CLASSAlex PaczesnyMichael Sibilla
In a letter to the Board, Chief Ruszkowski requested the Board approve the promotion ofPatrolman 2nd Class to Patrolman 1st Class effective May 19, 2022 for the above officers.
Upon a motion by Mr. Kirsits, seconded by Mr. Ross, and followed by a roll call, thepromotion to Patrolman 1st Class was approved.
4.APPROVE PROMOTION TO SERGEANTS IN SPECIAL ASSIGNMENT - ANDREWHINESIn a letter to the Board, Chief Ruszkowski requested the Board approve the promotion ofPatrolman 1st Class to Sergeant in Special Assignment effective May 18, 2022. Chief
Ruszkowski explained that Sergeant Hines will be moving to the violent crimes unit as asupervisor to take over for Sergeant Masterson who is stepping down to patrol.
Upon a motion by Mr. Ross, seconded by Mr. Kirsits, and followed by a roll call, thepromotion to Sergeant in Special Assignment was approved.
5.APPROVE APPLICATION AND DECLARATION FOR RETIREMENT - PATROLMAN1ST CLASS RONALD WILSON IIChief Ruszkowski submitted a Letter of Application and Declaration for Patrolman 1st ClassRonald Wilson II effective June 4, 2022. PFC Wilson just completed the hiring process to be
moved into a post-retirement civilian position. Chief Ruszkowski explained to the Board thatthe Department is adjusting staffing by having civilians take on roles that officers had beendoing. The Department will be bringing on civilian crime scene and forensic technicians tolessen the load of on-duty officers who are crime scene investigators. Chief Ruszkowskicontinued to note that PFC Wilson will help with collecting, documenting, and
photographing evidence, and PFC Wilson will be joined by another officer and anothercivilian in this task to help relieve the stress of the crime scene investigators.
Upon a motion by Mr. Ross, seconded by Mr. Kirsits, and followed by a roll call, thedeclaration for retirement was approved.
6.ACCEPT LETTER OF RESIGNATION - OFFICER DAVID MCSHANEChief Ruszkowski submitted a letter of resignation for Officer David McShane, effectiveJune 4, 2022.
President Jones accepted the Letter of Resignation on behalf of the Board.
7.APPROVE RESOLUTION NO. 02-2022 APPOINTING AN AGENT/CHIEFNEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THEUPCOMING POLICE DEPARTMENT NEGOTIATIONS
Upon a motion by Ms. Colpitts, seconded by Mr. Kirsits, and followed by a roll call, the
REGULAR MEETING MAY 18, 2022 34
following resolution was approved.
RESOLUTION NO. 02-2022
A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/CHIEF NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING POLICE DEPARTMENT NEGOTIATIONS
WHEREAS, the Board of Public Safety is the administrator of the Police Department and has the “exclusive control over all matters and property relating” to it and the authority to
adopt the rules governing the Police Department pursuant to Indiana Code §36-8-3-2; and
WHEREAS, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has until November 1, 2022, the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Police Department; and
WHEREAS, the 2021-2022 Working Agreement between the City of South Bend and the Fraternal Order of Police South Bend Lodge No. 36 will expire on December 31, 2022; and
WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would appoint his or her own advisory City Negotiating Team to represent it and to provide updates during executive sessions called for the purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.l(b)(2)(A); and
WHEREAS, the Advisory City Negotiating Team shall not be considered a “governing body” or “public agency” under Indiana Code § 5-14-1.5-2; and
WHEREAS, the City of South Bend Administration and the Board of Public Safety believe that this Resolution is in the best interest of promoting positive and harmonious labor
negotiations.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, as follows:
Section I. The Board of Public Safety of the City of South Bend, Indiana hereby appoints the Corporation Counsel for the City of South Bend, or his/her designee, as its Agent for the upcoming labor negotiations with the Fraternal Order of Police South Bend Lodge No. 36. The Corporation Counsel or his/her designee shall be the City's Chief Spokesperson and Chief Negotiator concerning all matters related to the working conditions and other matters
addressed in the Working Agreement except the annual compensation of the police officers.
Section II. Ever respectful of the Common Council's legitimate interest with respect to annual compensation, Corporation Counsel or his/her designee shall attempt to coordinate with the South Bend Common Council’s designated Agent concerning strategy, negotiation times,
scheduling of executive sessions, advisory team membership, and other matters pertaining to negotiations.
Section III. This resolution shall be in full force and effect from this date until a Working Agreement is signed by this Board.
Adopted this 18th day of May 2022.
BOARD OF PUBLIC SAFETY
OF THE CITY OF SOUTH BEND, INDIANA
s/Daniel Jones, President s/Melissa Colpitts, Member s/Lee Ross, Member
s/Alfred Kirsits, Member
REGULAR MEETING MAY 18, 2022 35
ATTEST:
s/Theresa Heffner/Clerk
8.APPROVE RESOLUTION NO. 03-2022 AMENDING THE 2022 HOLIDAY SCHEDULE
FOR THE SOUTH BEND POLICE DEPARTMENTUpon a motion by Mr. Ross, seconded by Mr. Kirsits, and followed by a roll call, thefollowing resolution was approved.
RESOLUTION NO. 03-2022 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE 2022 HOLIDAY SCHEDULE FOR THE SOUTH BEND POLICE DEPARTMENT
WHEREAS, the Board of Public Safety of the City of South Bend, Indiana (“City”) approved
a 2022 Holiday Schedule for the South Bend Police Department on October 20, 2021; and
WHEREAS, subsequently, the City’s Common Council amended Chapter 2, Article 8, Section 2-121(a) of the South Bend Municipal Code by Ordinance No. 10855-22 to include Juneteenth, which falls yearly on June 19th, as a newly designated holiday for all City employees;
and
WHEREAS, the Board of Public Safety desires to amend the South Bend Police Department 2022 Holiday Schedule to include Juneteenth.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend:
SECTION I. That all sworn police officers who are assigned to work as their regular schedule, Monday through Friday, 5 days on and 2 days off or 4 days on and 3 days off, the
following holidays shall apply:
New Year’s Day (observed) Friday, December 31, 2021* Martin Luther King Jr. Day Monday, January 17, 2022 Memorial Day Monday, May 30, 2022
Juneteenth Monday, June 20, 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
In addition to the ten (10) designated holidays above, employees may choose one (1) additional floating holiday subject to South Bend Municipal Code Sec. 2-121(a), which may be any day of the
employee’s choosing subject to a supervisor’s pre-approval.
SECTION II. That 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 Saturday, January 1, 2022 Memorial Day Monday, May 30, 2022 Independence Day Monday, July 4, 2022 Labor Day Monday, September 5, 2022
Thanksgiving Day Thursday, November 24, 2022 Christmas Eve Saturday, December 24, 2022 Christmas Day Sunday, December 25, 2022 New Year’s Eve Saturday, December 31, 2022 For purposes of the Critical Duty Day stipend, the Critical Duty Day shall start at 6:00 a.m., and
last 24 hours.
REGULAR MEETING MAY 18, 2022 36
SECTION III. That 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 temporarily to a regular detail or otherwise eligible.
Adopted this 18th day of May 2022.
BOARD OF PUBLIC SAFETY
OF THE CITY OF SOUTH BEND, INDIANA
s/Daniel Jones, President s/Melissa Colpitts, Member s/Lee Ross, Member
s/Alfred Kirsits, Member ATTEST: s/Theresa Heffner/Clerk
9.FILE MONTHLY STATISTICAL ANALYSIS REPORT APRIL 2022Chief Ruszkowski submitted the monthly statistical analysis report for April 2022 to theBoard. He noted good news in that there was a thirty-four percent (34%) decrease inaggravated assaults and a thirty-five percent (35%) decrease in motor vehicle thefts as welland a sixty-seven percent (67%) decrease in arsons. He continued to explain that the numbers
are still too high but hopes that one day he will be around to see the numbers reduced to zero.
President Jones accepted the Monthly Statistical Analysis Report for April 2022 on behalf ofthe Board.
REGULAR MEETING MAY 18, 2022 37
C.FIRE DEPARTMENT
1.APPROVE HIRING OF LATERAL FIREFIGHTERSJohn BennettCollin Gordon
Chief Buchanon requested the Board approve the lateral hiring of the above firefighters. Last
month, seven (7) lateral hires were added to the Department, and those lateral hires werealready established in the Public Employee Retirement Fund (PERF). Chief Buchanon notedthe two (2) firefighters presented at this meeting for lateral hiring approval were just recentlyapproved by PERF, and now they can have their hiring to the Department be approved and
then begin their one-year probationary period with the SBFD.
Upon a motion by Ms. Colpitts, seconded by Mr. Kirsits, and followed by a roll call, thelateral hiring was approved.
2.APPROVE APPLICATION AND DECLARATION OF RETIREMENTS
Captain Pat KottkampFirefighter Douglas SalyerCaptain Daniel DobskiCaptain Cliff Powell
Chief Carl Buchanon submitted Declarations of Retirements for the above firefighters who
have a combined total of ninety-nine (99) years of service to South Bend and its residents.Chief Buchanon noted that fellow police officers as well as Chief Ruszkowski have statedbefore that departments can never replace the experience of these individuals that haveserved in the capacity that they have; however, they appreciate the incoming officers and
firefighters who will hopefully take over where the retirees left off. Chief Buchanon asked
the Board to approve the Applications and Declarations of Retirements.
Therefore, upon a motion by Mr. Ross, seconded by Mr. Kirsits, and followed by a roll call,the Applications and Declarations for Retirements were approved unanimously.
3.ACCEPT LETTER OF RESIGNATION – FIREFIGHTER BAYLOR KERN-LOVICKChief Buchanon submitted a letter of Resignation for Firefighter First Class Baylor Kern-Lovick, Badge #634, effective May 2, 2022. Chief stated they wish him the best of luck inhis future endeavors.
President Jones accepted the Letter of Resignation on behalf of the Board.
4.APPROVE RESOLUTION NO. 04-2022 AMENDING THE 2022 HOLIDAY SCHEDULEFOR THE SOUTH BEND FIRE DEPARTMENT
Upon a motion by Ms. Colpitts seconded by Mr. Kirsits, and followed by a roll call, the
resolution was approved.
REGULAR MEETING MAY 18, 2022 38
RESOLUTION NO. 04-2022 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE 2022 HOLIDAY SCHEDULE FOR THE SOUTH BEND FIRE DEPARTMENT
WHEREAS, the Board of Public Safety of the City of South Bend, Indiana (“City”) approved the 2022 Holiday Schedule for the South Bend Fire Department on December 15, 2021; and
WHEREAS, subsequently, the City’s Common Council amended Chapter 2, Article 8, Section 2-
121(a) of the South Bend Municipal Code by Ordinance No. 10855-22 to include Juneteenth, which falls yearly on June 19th, as a newly designated holiday for all City employees; and WHEREAS, the Board of Public Safety desires to amend the South Bend Fire Department 2022
Holiday Schedule to include Juneteenth.
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)a Friday, December 31, 2021*
a Note that the New Year’s Day holiday was observed on December 31, 2021, and Juneteenth shall be
observed on June 20, 2022 in accordance with Sec. 2-120(b) and Sec. 2-120(c) of the South Bend Municipal
Code.
Martin Luther King Jr. Day Monday, January 17, 2022 Memorial Day Monday, May 30, 2022
Juneteenth Monday, June 20, 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
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.
Adopted this 18th day of May 2022.
BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA
s/Daniel Jones, President
s/Melissa Colpitts, Member s/Lee Ross, Member s/Alfred Kirsits, Member ATTEST:
s/Theresa Heffner/Clerk
5.APPROVE LEXIPOL POLICY 317 DUTY FIREARMS AND USE OF FORCEChief Buchanon noted that this item was a continuation from last month’s agenda item toallow Board members time to review the policy more thoroughly. He explained that it is inregard to Firefighters and EMS personnel in circumstances where they may need to restrain
individuals for medical reasons only. Chief Buchanon emphasized that firefighters would not
be using use of force on citizens or anyone else, and he noted that firefighters also do nothave any arrest or detainment authority. He clarified that fire investigators and inspectors gothrough training at the police department and are certified through the state to carry a
REGULAR MEETING MAY 18, 2022 39
firearm, which provides them protection when they are investigating fires alone in the early
morning or late at night.
Ms. Colpitts asked about arrest powers listed in the policy and asked for clarification. Chief Buchanon explained that fire investigators used to be accompanied by a police investigator and the police officer had arrest powers, not the fire investigator. Attorney Shakour advised
that this was only in the event a police officer is not able to be present; otherwise, the police department’s guidelines and policy that was approved last year is what governs the fire department.
Upon a motion by Ms. Colpitts, seconded by Mr. Kirsits, and followed by a roll call, Lexipol
Policy 317- Duty Firearms and Use of Force was approved.
6.FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR APRIL 2022Fire Chief Buchanon submitted the monthly statistical analysis report for April 2022 to theBoard. Chief Buchanon noted that there were 388 inspections done in April which is a
significant increase. He suggested the increase in inspections may mean inspectors aregetting businesses back open and back to normal after several years of COVID-19. ChiefBuchanon also noted that there were forty-one (41) fires in April, and he wanted to commentthat fires are still out there in the community and prevalent. He thanked Community RiskReduction for getting smoke detectors and carbon monoxide detectors into homes where
fires are more prevalent and hopes this will lead to a reduction in the number of fires. Healso wanted to note that there were a total number of 4,366 calls made to all SBFDapparatuses for the month of April as well as 1,747 different incidents that the SBFDresponded to.
President Jones accepted the Monthly Statistical Analysis Report for April 2022 on behalf ofthe Board.
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.
ADJOURNMENT There being no further business to come before the Board, upon a motion by Mr. Ross and a second
by Mr. Kirsits and carried by roll call, the meeting was adjourned at 9:54 a.m.
REGULAR MEETING MAY 18, 2022 40
BOARD OF PUBLIC SAFETY
Daniel Jones, President
______________________________ Melissa Colpitts, Member
______________________________ Darryl Heller, Member
______________________________
Lee Ross, Member
______________________________ Alfred Kirsits, Member
ATTEST:
______________________ Theresa Heffner, Clerk