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HomeMy WebLinkAbout01/28/13 Special Meeting Board of Public Safety MinutesPUBLIC AGENDA SESSION JANUARY 28 2013 11 The Board of Public Safety met in the Public Agenda Session at 8'05 a.m. on Monday, January 28, 2013 in the 13th Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Patrick D. Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present was Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. Ms. Beachkofsky read the business before the Board listed on the agenda and asked if there were any additions or questions. Mr. Cottrell asked where Police Chief Hurley was. Ms. Beachkofsky stated he was at home sick with the flu and would not be able to attend the meeting. ADJOURNMENT There being no further business to come before the Board, Ms. Beachkofsky declared the meeting adjourned at 8:08 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, President Laura�� A. Vasquez, Member�f Eddie Miller, Member Jo Collins, Member P Luther Taylor, Membe ATTEST: Ljnda M .Martin, Clerk EXECUTIVE SESSION JANUARY 28, 2013 The Board of Public Safety met in the Executive Session on Monday, January 28, 2013, at 8:09 a.m. The meeting was held in the Engineering Conference Room, 13'h Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(6)(A) regarding Disciplinary Action. Board President Patrick Cottrell and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present. Also present was Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 8:33 a.m. SPECIAL MEETING JANUARY 28.2013 The Board of Public Safety met in a Special Meeting at 8:35 a.m. on Monday, January 28, 2013, with Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present was Board Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Conference Room, 13th Floor County City Building, South Bend, Indiana. SPECIAL MEETING JANUARY 28, 2013 12 POLICE DEPARTMENT FILING OF CHARGES 2013 -02 — JEFF MCKEE In a letter to the Board, Police Chief Charles Hurley requested the Board file the following Charges and suspend Patrolman Jeff McKee from duty for twenty -one (2 1) calendar days without pay, and impose a two (2) year loss of his take home vehicle, to be reduced to one (1) year of official use only of the take home car after successful completion of an Alcohol Program. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman McKee. Comes now, Charles Hurley, Chief of the South Bend Police Department, and prefers written charges against Patrolman Jeff McKee as follows: FACTUAL ALLEGATIONS On October 22, 2012, Patrolman McKee, while off duty, drove his private vehicle while traveling westbound on State Road 2. Patrolman McKee was pulled over a by a Laporte County Sheriff's Deputy regarding an unsafe lane change. While the officer was speaking with Patrolman McKee he smelled a strong odor of alcohol coming from his vehicle. Patrolman McKee was asked to exit his vehicle and submit to a series of field sobriety tests and a Portable Breath Test. Patrolman McKee was transported to the LaPorte County Jail where he submitted to a Certified Breath Test, which indicated .13% Brac. Patrolman McKee was then placed in the custody of the LaPorte County Jail and charged with Operating a Vehicle while Intoxicated and issued a citation for unsafe lane movement. On December 14, 2012, Patrolman McKee pled guilty to an amended charge of Reckless Driving and entered into a Pre -Trial Diversion Agreement with the LaPorte County Prosecutor's Office. During the course of the Internal Affairs investigation into this incident Patrolman McKee admitted to drinking and driving. CHARGES The conduct of Patrolman Jeff McKee is conduct unbecoming of an officer and is in violation of the following: I.C. 36- 8- 3- 4(b)(2)(B) and (H), South Bend Police Department Duty Manual Section(s) 302 (A)(1)(2)(3) entitled Rules of Conduct: 302.00 Rules of Conduct A. Officers I . Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department. 2. Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. Shall obey all criminal laws of the United States of America and any state or local jurisdiction in which they are present. Dated this 28th day of January 2013. FILING OF CHARGES 2013 -03 — PATRICIA BYRD In a letter to the Board, Police Chief Charles Hurley requested the following Charges be filed and a letter of reprimand be placed in Patrolman Patricia Byrd's personnel file and she receive a thirty (30) calendar day suspension from duty without pay. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the following Charges were approved to be served upon Patrolman McKee. Comes now, Charles Hurley, Chief of the South Bend Police Department, and prefers written charges against Patrolman Patricia Byrd as follows: SPECIAL MEETING JANUARY 28 2013 13 FACTUAL ALLEGATIONS On September 18, 2012 Patrolman Byrd requested and was granted funeral leave for September 19 - 21, 2012. At the time of her request Patrolman Byrd was advised by her Supervisor as to the Department's rules and regulations that entitled an Officer to funeral leave. Patrolman Byrd confirmed with her Supervisor that she knew the rules and regulations and that her request was in compliance. Patrolman Byrd subsequently received information on September 18, 2012, that disqualified her from obtaining the funeral leave. Patrolman Byrd was aware that this information disqualified her for funeral leave and failed to report this information to her Supervisor or cancel the funeralleave. On September 19 -21, 2012 Patrolman Byrd took the aforementioned funeral leave to which she knowingly was not entitled. Patrolman Byrd failed to disclose that she knowingly took leave to which she was not entitled or the details that gave rise to the disqualification until she was questioned about the incident by her Supervisor in November of 2012. At that time, Patrolman Byrd admitted that she knew that the information she received after requesting the leave changed her circumstances so that she was not entitled to take the leave but took the leave anyway. In addition, Patrolman Byrd further admitted that she did not attend the funeral. CHARGES COUNTI For her actions of taking funeral leave for which she knew she was not entitled Patrolman Byrd is found to be in violation of the following: I.C. 36- 8- 3- 4(b)(2)(B) and (H), South Bend Police Department Duty Manual, Section 301.06 entitled "Integrity", South Bend Police Department Duty Manual Section(s) 302 (A)(1)(2)(30)(51) entitled Rules of Conduct, South Bend Police Department Duty Manual Section 430.00 entitled Funeral Leave Policy: 301.06 Integrity The public demands that the integrity of its law enforcement officers be above reproach. In the performance of duty, an officer must not only do what is right, but also what seems right. The suspected dishonesty or actual dishonesty of a single officer may impair public confidence and case suspicion upon the entire Department. Let it be understood that succumbing to even minor temptations can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness, and may contribute to the corruption of others. An officer must scrupulously avoid, then, any contact which might compromise personal integrity, the integrity of the fellow officers, or the integrity of the Department. 302.00 Rules of Conduct B. Officers 1. Shall not commit or omit any acts which constitute a violation of any of the rules, regulations, directives or orders of this Department. Shall conduct themselves on and off duty in such a manner as to reflect most favorably on the Department. A member is further charged with the duty to conduct himself/herself at all times in keeping with the Law Enforcement Code of Ethics and the policy statements of the Police Department. Any activity contrary to this concept, may subject an officer to disciplinary action. 51. Shall study and understand the Departmental regulations, procedures, policies, duties and responsibilities, general and special orders, City Ordinances, State Laws and Federal Laws. They shall obtain the assistance of their supervisor in the interpretation of any section that is not clearly understood. If the supervisor cannot answer the subordinate's inquiry, he shall obtain the answer and relay it to the subordinate. Officers shall be especially well informed concerning rules, regulations, procedures, and duties governing their specific assignments. SPECIAL MEETING JANUARY 28, 2013 14 430.00 Funeral Leave Policy In the event of a death in the immediate family, all sworn officers of the South Bend Police Department shall be entitled to leave as specified in the Working Agreement. Article 12 Bereavement Leave Section 1. Funeral Leave Policy provisions are set forth in the Duty Manual, Section 430, and page 129. These provisions are summarized as follows and shall not be reduced or diminished during the term of this Working Agreement. A. In the event of a death in the immediate family, all sworn officers [Employees] of the South Bend Police Department shall be entitled to leave as specified in Chapter 1, Section 110(R) which provides: B. Funeral Leave means that in the event of a death in the immediate family, all sworn officers [Employees] of the South Bend Police Department shall be entitled to funeral leave. Notice of need for funeral leave shall be presented to the officer's Commanding Officer as soon as possible under the circumstances. Funeral Leave shall be three (3) consecutive working days of leave with pay, one of which must be the day of the funeral, except that only one (1) working day of leave with pay shall be permitted to attend the funeral of a spouse's grandparent. Additional time may be authorized by the officer's [Employee's] Commanding Officer upon verification by the officer [Employee] of need for travel time or other special circumstances. The decision of the Commanding Officer as to the authorization of additional days of leave with pay may be appealed to the Division Chief and Chief of Police. The term "immediate family" means husband, wife, son, daughter, step -son, step - daughter, step- mother, step- father, father, mother, father -in -law, mother -in -law, brother, sister, grandparents, grandchildren, or other blood relatives, if those other blood relatives have resided in the officer's or sworn member's [Employee's] household continuously for more than one (1) year. Funeral leave shall not be authorized upon the death of any other person(s). COUNT 11 For failing to disclose to and /or withholding information from her Supervisor(s) that she knowingly took funeral leave for which she knew that she was not entitled until she was questioned by her Supervisor more than a month later Patrolman Byrd is found to be in violation of the following: I.C. 36- 8- 3- 4(b)(2)(B) and (H), South Bend Police Department Duty Manual, Section 301.06 entitled "Integrity ", Section 302 (A)(1)(30) entitled Rules of Conduct: 301.06 Integrity The public demands that the integrity of its law enforcement officers be above reproach. In the performance of duty, an officer must not only do what is right, but also what seems right. The suspected dishonesty or actual dishonesty of a single officer may impair public confidence and case suspicion upon the entire Department. Let it be understood that succumbing to even minor temptations can be the genesis of a malignancy which may ultimately destroy an individual's effectiveness, and may contribute to the corruption of others. An officer must scrupulously avoid, then, any contact which might compromise personal integrity, the integrity of the fellow officers, or the integrity of the Department. 302.00 Rules of Conduct A. Officers 30. Shall not intentionally manufacture, tamper with, plant, falsify, destroy or withhold evidence, property or information. Dated this 28th day of January 2013. SET HEARING — CHARGES NO. 2013 -01 — THEODORE ROBERT Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board set the Hearing of Charges No. 2013 -01, Theodore Robert, for February 15, 2013 at 10:00 a.m. SPECIAL MEETING JANUARY 28. 2013 15 ACCEPT RESIGNATION — BRADLEY GUTWILLIG In a letter to the Board, Chief Hurley advised he is in receipt of a letter of resignation from Patrolman Bradley Gutwillig in which he tenders his resignation from the South Bend Police Department, effective February 4, 2013. Chief Hurley stated in his letter, that Patrolman Gutwillig was sworn on the South Bend Police Department on December 14, 2011. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the resignation was accepted. FILE LETTER OF RECOMMENDATION FOR EMPLOYEES OF THE MONTH — DECEMBER 2012 In a letter to the Board, Chief Hurley stated that Patrolman David Heighway, Patrolman Anthony Dawson, and Patrolman Christopher Houser were selected as Employees of the Month for December, 2012. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions noted by supervisors or citizens from both a professional law enforcement position and in support of the community policing efforts with citizens of South Bend. There being no further discussion, the letter of recommendation from Chief Hurley was accepted for filing. PRIVILEGE OF THE FLOOR Mr. Theodore Robert presented an Answer to Charges No. 2013 -01 filed against him by the Board of Safety and Police Chief Hurley, to Board Attorney Andrea Beachkofsky. He asked if the date set for the Hearing of his charges would be to set a date for the Hearing or actually be the Hearing. Mr. Cottrell stated it is the date of the actual Hearing. Mr. Robert asked if the date can be changed. Mr. Cottrell stated Mr. Robert's attorney can contact the Board if he needs a continuance. Ms. Beachkofsky informed Mr. Robert that I.C. 36- 8- 3 -4(c) regulates the setting of a Hearing date and requires the Board to set the date within thirty (30) days of the request for a Hearing. Mr. Robert thanked the Board. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:45 a.m. BOARD OF PUBLIC SAFETY I Patrick D. Cottrell, President Laura Vasquez, Member Eddie Miller,'Member jJ - rCollins, Me mber Luther Taylor, Member ATTEST: i " n - Vnda M. Martin, Cl rk