HomeMy WebLinkAbout11-01-94 Health & Public Safety I
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Health and Public Safety Committee
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The November 1, 1994 meeting of the Health and Public Safety Committee was
called to order by its Chairperson, Council Member Eugene Ladewski at 4:40 P.M. in the
Council informal meeting room.
Persons in attendance included Council Members: Puzzello, Kelly, Slavinskas,
Zakrzewski,Washington,Coleman, and Ladewski; Fire Chief Luther Taylor,Police Chief
Ron Marciniak, Irene Gammon, Jo Ann Harper, Mayor Kernan, Richard Nussbaum,
Kevin Horton,Jeff Rinard,John Broden,Don Porter, and Kathleen Cekanski-Farrand.
Council Member Ladewski noted that the purpose of the meeting is to discuss what
should be appropriate retirement gifts for Public Safety Personnel of the City of South
Bend. He noted that the Committee members had received a copy of South Bend Municipal
Code Sec.2-124 setting forth the current policy for retiring Police Officers and that they
had also been sent copies of the two Resolutions recently adopted by the Board of Public
Safety and the Board of Public Works addressing the proposed Fire Department policy on
fire helmets.
Police Chief Ron Marciniak noted that he brought this concern informally to the
attention of the City in light of the fact that the Department has recently been issued"Semi-
Automatics" and these are not within the definition of a "Service Revolver". The Chief
noted that they are commonly referred as a sidearm and that the Department could get by
without such a policy however it is an important policy to the officers. He noted that the
sidearm is often seen as their partner and that it is a morale issue.
Council Member Slavinskas noted that in 1988 the compelling reason for the
Council to pass such an Ordinance was to show a "token of appreciation" for retiring
officers. He noted that at that time Council President Niezgodski was a retired Police
Officer himself and provided insight on this topic. Council Member Slavinskas noted that
he voted against the issue then and believes it is an awkward issue since he believes that
recognition of our Police Department Officers is most appropriate. He stated that he would
hope that through good pay and good working conditions that the Council's support of the
Department and all their people would be realized. He further noted that he has a concern
by taking good useful equipment out of service especially when the Common Council is
charged with being the stewart of the financial assets of the City.
Council Member Slavinskas also voiced concern with regard to potential liability if
a retired officer would ever use a service weapon and question whether a policy could be
developed where the weapon would be returned to the City upon the death or incompetency
of the individual retired officer.
Council President Puzzello noted that there is also a safety issue after retirement
which was discussed at length when Council Member Niezgodski was on the Council.
Chief Marciniak confirmed the safety issue. Council President Puzzello stated that she saw
the Council's action as a positive gesture however is bothered like Council Member
Slavinskas if these weapons are indeed sold by the officers after they retire.
Committee Minutes
Health and Public Safety
November 1, 1994
Page 2
Chief Marciniak noted that by state law retiring Police Officers who retire in good
stead are entitled to a lifetime personal protection permit to carry a weapon. The Chief
stated that he would like the program to continue but would be willing to work with the
Council and the City Administration on the issue.
Council Member Kelly inquired as to the cost of the semi-automatics and was
informed that they are valued at$658.00 per weapon.Approximately 35 to 40 retirees have
retired since the policy was enacted by the Common Council in 1988 and to the best
information of the Police Chief there has been no misuse of any of those weapons. Council
Member Kelly believes that this is an important issue with regard to morale and believes
that officers are well trained with regard to the weapons usage.
Council Member Ladewski stated that he has talked with several retired officers and
that perhaps the City could charge a lesser amount so that the retiring officer could purchase
the weapon if he or she desires to at time of retirement. He also noted that he has been
informed that three out of every five go into some sort of security work after retiring from
the South Bend Police Department. The Police Chief noted that this could be a secondary
position.
Council Member Coleman stated the he feels very strongly on this issue.He stated
that it raises the question of what does the City of South Bend stand for and what should
the City of South Bend stand for.He believes that the City should not be in the business of
selling handguns or semi-automatics to anyone including Police Officers, the Mayor, the
Common Council,or any individual. Council Member Coleman believes that the message -
to allow a retiring Police Officer to retain his or her weapon is the wrong message. He
further stressed that the authority of a Police Officer is not represented by the gun, but is
rather represented by the badge. He applauded the Chief for bringing the issue back to the
City's attention.
Chief Taylor stated that prior to the OSHA requirement where the City was
obligated to purchase new fire helmets for the entire Fire Department, that helmets were
purchased by the individual Fire fighters. Chief Taylor stated that he would work with the
Administration and the Council to work out the most acceptable policy.
Council Member Slavinskas stated that he is perplexed by what should be the City's
policy and what kind of message is being sent to other City Employees. He believes that
perhaps a City-wide policy should be considered in light of the fairness issue. He
complimented both Chief's for fighting for the men and women who work and dedicate
themselves to Public Service.
In response to a question raised by Council Member Coleman, it was noted that a
plaque is given at the time of retirement with a small retirement badge and other personal
items provided by the Police Chief. Council President Puzzello suggested that perhaps a
program of gift giving with strings back to the City on such gifts upon death or
incompetency should be further discussed. Chief Marciniak stated that there would be a
problem of recollecting such items.
Committee Minutes
Health and Public Safety
November 1, 1994
Page 3
Council Member Slavinskas questioned again the exposure of liability and Mr.
Nussbaum believes that the policy in and of itself would not open the City to liability.
In response to a question raised by Council President Puzzello,it was noted that the
trade-in value for the service revolvers was between $200.00 and $250.00 with the new
service revolvers costing $306.00. Chief Marciniak further noted that the current semi-
automatics should not be replaced in the next ten years unless there is further technology in
non-lethal areas.
In light of the lateness of the hour and the fact that another Committee meeting was
scheduled to begin at 5:00 P.M., Council Member Ladewski suggested that further
discussion be held at a future date on both of these topics. The meeting was adjourned at
5: 25 P.M.
Respectfully submitted,
Council Member Eugene Ladewski, Chairperson
Health and Public Safety Committee
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