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HomeMy WebLinkAbout2024 7-17 Board of Public Safety Meeting MinutesREGULAR MEETING JULY 17, 2024 37 I. REGULAR MEETING The Board of Public Safety met in the Regular Meeting at 9:17 a.m. on Wednesday, July 17, 2024, with Board President Dan Jones, and Board Members Darryl Heller, Lee Ross, Al Kirsits, and Pamela Claeys were present. Also, Police Chief Scott Ruszkowski, Fire Chief Carl Buchanon, and Attorneys Danielle Campbell Weiss, Adam Taylor, Kylie Connell, and Board Clerk Theresa Heffner. The meeting was held in the Council Chambers 4th Floor, County-City Bldg., 227 W. Jefferson Blvd., South Bend, Indiana and virtually via Microsoft Teams at the following link: https://tinyurl.com/2024BPSHybrid 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. A. ROLL CALL OF MEMBERS Board President Dan Jones welcomed the public, called roll, and confirmed the presence of the Board Members. B. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Lee Ross, seconded by Pam Claeys, and carried by roll call, the Board approved the Minutes of the June 18, 2024, regular meeting. C. POLICE DEPARTMENT 1. APPROVE PROMOTION OF PATROLMAN 1ST CLASS - ASHTON RUSZKOWSKI Chief Scott Ruszkowski submitted a letter of recommendation for Officer Ashton Ruszkowski to be promoted to Patrolman 1st Class effective July 19, 2024. Chief stated Officer Ruszkowski has successfully met the requirements outlined in the working agreement to become Patrolman 1st Class with the SBPD. Upon a motion by Lee Ross, seconded by Al Kirsits, and followed by a roll call, the Board approved the Promotion to Patrolman 1st Class. 2. APPROVE PROMOTIONS TO LIEUTENANT IN THE PATROL DIVISION (ITEM ADDED AT THE MEETING) Maranda Baker Kyle Drury Chief Scott Ruszkowski submitted a letter informing the Board that Sergeant Maranda Baker PN2183 and Sergeant Kyle Drury PN2171 have been promoted to the rank of Lieutenant no longer in Special Assignment effective May 17, 2024. Chief Ruszkowski stated that both have successfully completed the one (1) year probationary period and met the requirements outlined in the working agreement to become Lieutenant with the SBPD. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call, the Board approved the Promotion to Lieutenant. 3. APPROVE PROMOTIONS TO SERGEANT (ITEM ADDED AT THE MEETING) Anthony Dawson Tyler Donlon Randy Goering Brandon Schmidt Chief Scott Ruszkowski submitted a letter informing the Board that Patrolman 1st Class Anthony Dawson PN2150, Tyler Donlon PN2177, and Randy Goering PN2137 have been promoted to the rank of Sergeant in the Patrol Division effective May 17, 2024. Chief Ruszkowski also submitted a letter informing the Board that Patrolman 1st Class Brandon Schmidt PN2210 has been promoted to the rank of Sergeant in the Strategic Focus Unit effective May 17, 2024. Chief Ruszkowski stated they all have successfully completed the one (1) year probationary period and have met the requirements outlined in the working agreement to become Sergeant with the SBPD. Upon a motion by Lee Ross, seconded by Pam Claeys, and followed by a roll call, the REGULAR MEETING JULY 17, 2024 38 Board approved the Promotion to Sergeant. 4. APPROVE APPLICATION AND DECLARATION FOR RETIREMENT - DETECTIVE ANTHONY PEARSON Chief Scott Ruszkowski submitted a letter of Application and Declaration for Retirement for Detective Anthony Pearson. Chief stated Detective Pearson is retiring in good standing from the SBPD, effective July 15, 2024. He will have been with the Department for twenty (20) years, seven (7) months, and thirteen (13) days. Chief Ruszkowski asked the Board to join him, wishing him success in his endeavor, along with thanking him for his many years of service with the SBPD. President Jones noted that Detective Pearson will be presented with a Challenge Coin. Upon a motion by Al Kirsits, seconded by Pam Claeys, and followed by a roll call the Board approved the Application and Declaration for Retirement for Officer. 5. ACCEPT LETTERS OF RESIGNATION Thomas Petrizzo Bradley Yanok Chief Scott Ruszkowski submitted letters of Resignations for the above Officers. Chief Ruszkowski stated Officer Petrizzo was sworn on the Department May 15, 2024 and his effective date of resignation was June 26, 2024. Chief noted Officer Yanok was sworn on the Department June 19, 2019 and his effective date of resignation was July 5, 2024. Board President Dan Jones accepted the letters on behalf of the Board. 6. APPROVE LEXIPOL POLICIES 302 Control Devices (Current Policy 302 and 303 being combined into Policy 302) 424 Mobile and Portable Audio/Video Recorders (includes Body Worn Devices) Attorney Kylie Connell submitted the above Lexipol polices for approval and reminded the Board Members and the public that the above policies were submitted to the Board at the June 2024 Board of Public Safety Meeting. Attorney Connell stated that there were two (2) current policies, controlled devices and conducted energy devices, and when they were looking at adding in the Bola Wrap policy, they noticed that the Bola Wrap recommended policy and the conducted energy devices policy were almost identical except for the term of the device that is being used. When she took a look at the control devices, which also had very similar language and instead of having three (3) separate policies that were essentially covering the same control devices, just different types of devices, we combined them into one (1) policy. For the proposed policy 302-control devices, it seems like there are a lot of changes. A lot of it came from the conducted energy that was already in policy. Some of the newer language would be the definitions to clarify devices and explaining the devices that are used. Some of the Bola wrap language would be new language because we didn't have that in the policy, so that would be under 302.10. Those are the two (2) major additions to policy and everything else is fairly similar. Mr. Kirsits asked if the Bola Wrap is transported by car or holstered on their belt. Chief Ruszkowski advised that it is like a taser that is kept on their belt. He added that they have certified instructors and users that are just waiting on the policy to implement department wide. It is another tool that helps avoid having to use lethal force. Mr. Heller asked if any officer can get certified or do they have to be specially designated officers. Chief Ruszkowski noted that they are extremely expensive devices, so they are limited. Chief Ruszkowski added that officers still have chemical munitions and tasers as well. The Bola Wrap is just a new addition, kind of like when we have our less lethal munitions that are only by certified instructors. Mr. Ross asked if the Bola wrap was reusable. REGULAR MEETING JULY 17, 2024 39 Chief Ruszkowski advised that they are not. You can reload the cartridge. Attorney Connell advised that for policy 424 most of the additions are fairly standard, just updating the language from he/her to their, but the main addition is under 424.5 and this had already been a general order, but now we are just putting it in policy for consistency, so it is, “Members shall document the reason when muting audio documentation may be done verbally on the recording prior to muting and or documented in written reports.” So again, this was something that had already been issued to the officers, but now we are just making it in our policy. Mr. Heller asked for examples of when muting or disabling the recording would be legitimate. Attorney Connell advised that if they are talking to a victim of a particularly sensitive topic, they might choose to mute. Another example would be if they are talking to fellow officers to discuss strategy or further investigation they may mute. If they are speaking to their supervisor as well they may choose to mute at that point. Also, if they are just scene security and there is really no investigation happening and they are just kind of standing there and chatting with other people about nothing to do with the case, that would be another reason to mute that. Those are the three (3) that come to mind and along with personal matters. Attorney Connell advised that a final copy of the revised policies will be made public to the Board and the public. Upon a motion by Lee Ross, seconded by Al Kirsits, and followed by a roll call, Lexipol Policies 302: Control Devices and 424: Mobile and Portable Audio/Video Recorders were approved. 7. RECEIVE LEXIPOL POLICES 412 – Summons and Release 415 – Immigration Violations – Removed from the agenda 430 – First Amendment Assemblies Attorney Kylie Connell submitted the above Lexipol Polices for review by the Board and to be considered for approval at the next Board Meeting. Attorney Connell did a summary of each item above. Mr. Heller asked why policy 415 was being removed from the agenda. Attorney Connell advised that it was put on the agenda too hastily and needs more consideration. 8. FILE QUARTERLY REPORT FOR SPECIALIZED SCHOOLS Chief Scott Ruszkowski submitted the second quarter report for Specialized training and travel associated with members of the SBPD for the period of April, May and June of 2024. Chief noted the expense total for this quarter was $62,355.93. Ms. Claeys noted there was a line where there are no training hours but a $6,000 cost. Chief Ruszkowski noted that it is recorded that way because the employee is a civilian. We cannot send anything civilian related to the training academy. He gets credit in-house, but not as law enforcement related and that is for our accounting purposes. REGULAR MEETING JULY 17, 2024 40 9. FILE STATISTICAL ANALYSIS REPORT FOR JUNE 2024 Chief Scott Ruszkowski submitted the monthly statistical analysis report for June 2024. He noted a twenty percent (20%) decrease in Part One Offenses. Mr. Heller asked what is causing the decrease. Chief Ruszkowski advised that it may be because of increased community involvement and individuals taking preventative measures such as car owners locking their vehicles. REGULAR MEETING JULY 17, 2024 41 D. FIRE DEPARTMENT 1. APPROVE HIRING OF PROBATIONARY FIREFIGHTERS Chad Stanley Branden DeGroot Austin Carey Cody Stillson Zachary Hill Eric Shell Alec Roquena Andres Robledo Fire Chief Carl Buchanon submitted a Letter of Recommendation for the hiring of the Fire Recruits listed above. Chief Buchanon stated each of the recruits has successfully copmpleted a twenty one (21) week recruitment academy, and throughout the duration of the academy, there was focus on teamwork, skills competence, physical fitness, safety, and the aquisition of the appropriate state certifciations. Chief Buchanon noted those required certifications included Firefighter 1 and 2, and EMT. Chief Buchanon stated a swearing in ceremony will be held July 19, 2024. Upon a motion by Pam Claeys, seconded by Al Kirsits, and followed a roll call the Board approved the hiring of the above probationary Firefighters. 2. FILE NOTICE OF INTENT TO NEGOTIATE SUCCESSOR COLLECTIVE BARGAINING AGREEMENT Fire Chief Carl Buchanon submitted a letter from the South Bend Firefighters Local 362 president Eric Griffin informing The Board of Public Safety that they are prepared to commence negotiations for the successor to their current collective bargaining agreement with the City of South Bend. Attorney Taylor advised Corporate Council Sandra Kennedy has advised him that he will be filling the role as designee. 3. APPROVE RESOLUTION NO. 01-2024 APPOINTING AN AGENT CHIEF NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS Upon a motion by Pam Claeys, seconded by Al Kirsits, and followed by a roll call, the below resolution was approved. RESOLUTION NO. 01-2024 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, REGULAR MEETING JULY 17, 2024 42 APPOINTING AN AGENT/CHIEF NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS WHEREAS, the Board of Public Safety is the administrator of the Fire Department and has the “exclusive control over all matters and property relating” to it and the authority to adopt the rules governing the Fire 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, 2024, the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department; and WHEREAS, the 2022-2024 Working Agreement between the City of South Bend, Indiana and the South Bend Firefighters Local 362 will expire on December 31, 2024; and WHEREAS, the Board of Public Safety desires to appoint a Chief Negotiator who would appoint an Advisory City Negotiating Team to represent the Board and to provide it 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 her designee, as its Agent for the upcoming labor negotiations with the South Bend Firefighters Local 362. The Corporation Counsel or 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 firefighters. Section II. Ever respectful of the Common Council's legitimate interest with respect to annual compensation, Corporation Counsel or 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 17th day of July 2024. s/Daniel Jones, President s/Darryl Heller, Member s/Lee Ross, Member s/Alfred Kirsits, Member s/Pamela Claeys, Member ATTEST: s/Theresa Heffner/Clerk 4. APPROVE REVISED LEXIPOL POLICIES 610 – Repetitive Motion Injuries and Ergonomics Training 1033 – Military Leave REGULAR MEETING JULY 17, 2024 43 1035 – Member Speech Expression and Social Networking Attorney Adam Taylor submitted the above revised Lexipol Polices for approval. They are policies that have been seen before, but they had a little more than just grammatical changes, so he is asking the Board for approval. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call, the revised Lexipol polices were approved. 5. ACKNOWLEDGEMENT OF AGREEMENT WITH THE ST. JOSEPH COUNTY HEALTH DEPT. FOR PUBLIC POINT DISPENSING Attorney Adam Taylor submitted the above agreement. He noted that there is not a financial aspect to it; It’s just simply for use of space. Andy Myer Assistant Chief of EMS elaborated that this is an ongoing agreement that we have had with the County Health Department for many years. He stated it is refreshing some of the language and the agreement. What this does state is if we do have another pandemic or anything like that where they need a site to do drive through testing and inoculations that they would be able to utilize our fire stations and our central fire station. Our central fire station does have the side annex to the South that creates a very nice avenue for people to drive through and we can do hands-off testing like we did with COVID right at the car window. With inoculations or similar procedures they might need actual real estate to perform those duties. We were contacted by Jenna Rose from the County Health Department and we would like to continue that collaboration and partnership with them. Mr. Kirsits noted how important this is emphasizing that it is important to have these procedures in place in case of an emergency. 6. ACKNOWLEDGEMENT OF COLLABORATION WITH THE SOUTH BEND MEDICAL FOUNDATION Chief Buchanon noted that due to the blood supply shortage in our community, the South Bend Fire Department would like to collaborate with the South Bend Medical Foundation to provide blood drives at our fire stations during various times throughout the year. The first one starting on Tuesday, August 27th at the Central Fire Station, 1222 S Michigan St, South Bend, IN. Assistant Chief Myer stated that the SBFD was approached about a month and half ago by Dominic Carpenter from the South Bend Medical Foundation trying to address how we can promote a better awareness of the need for blood in Saint Joe County and in the Michiana area. We moved fast on this, and Mr. Carpenter was really excited about it. Dominic Carpenter from the South Bend Medical Foundation addressed the Board and thanked Chief Buchanan and the SBFD. Mr. Carpenter explained there are nationwide difficulties meeting the blood donation demands. Donations continue to fall throughout the country, and we are no different here in the South Bend area. In fact, over the last 10 years, the blood donations have been down thirty seven percent (37%) at the Blood Foundation, which is not far from what the national figure is. The opportunity to collaborate with the South Bend Fire Department is just another example of South Bend leading. We would like to try and reach out to other municipalities as well. Assistant Chief Myer stated that we have decided that we are going to work with Public Information Officer Suzie Krill to get some signage made up. The signage will be placed on the side of our trucks, our big billboards, our ambulances, and some of our fire trucks. People will be able to reach out and find out when the next blood drive is. Public Information Officer Suzie Krill shared a copy of the signage that will be on the trucks with the Board. Chief Myer explained that they have their first blood drive scheduled at the Central Fire Station on August 27th and they will have signage up before that. They will have the big signboards from the street department and will probably have to collaborate with the Police REGULAR MEETING JULY 17, 2024 44 Department to get some traffic control. He noted that they are really excited about it, and they are going to plan on doing it every quarter and probably switch around to different fire stations to hit different neighborhoods in the community. Public Information Officer Krill advised that signage is just one part of it. The signage will have a QR code so when people are driving by they should be able to use their cell phone to access the QR code off our rolling billboards so they can just automatically be taken to the website. They can choose a date and time that best accommodates them. We will do it quarterly like the third Thursday or first Tuesday of the month, so that it's a memorable event. Mr. Kirsits asked if there would be a blood mobile or if they would use their own special equipment. Mr. Carpenter from the SBMF responded that they will bring in their large RV and two (2) or three (3) different vehicles. So they will be able to do a couple fire stations at one time, but that will all be coordinated through our blood donation center. They will have their own vehicle and their own Phlebotomists on staff. Mr. Jones stated that he thinks this is an example of thinking outside of the box and availing yourselves of all the resources and collaborations with different agencies. He asked what is causing the drop in blood donations. Mr. Carpenter advised that there was a report to Congress back in 2020 that tried to address this. Blood donors are getting older. The average age here in South Bend of a blood donor is fifty-four (54) years of age, and about seventy-two percent (72%) of the donors that we receive donations from are over the age of forty (40). 7. FILE QUARTERLY TRAVEL AND TRAINING REPORT Chief Carl Buchanon submitted the 2nd Quarter report for Specialized Schools for the months of April, May, and June of 2024 which included specialized training and travel expenses with a total of $17,217. 8. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR JUNE 2024 Chief Carl Buchanon submitted the monthly statistical analysis report for June 2024. REGULAR MEETING JULY 17, 2024 45 Chief Buchanon also mentioned the education that happens with the smoke detector program. They will install the smoke detector and will also go over an escape plan for families. Chief Buchanon noted that they received 6,121 calls in the month of June. They make calls as crews and teams with two (2) or three (3) individuals to make these calls. He added that he is happy that the community feels that they can call and the Fire Department will come. Mr. Jones asked if an ambulance is called for a person, if they will be billed for the ambulance. REGULAR MEETING JULY 17, 2024 46 Chief Buchanon answered yes, and he advised that their EMS billing personnel attended an annual billing conference to stay certified and up to date on everything they need to know about EMS billing. Ms. Claeys noted that for the month of June there was not anything listed about smoke alarms or other devices. Chief Buchanon advised that a lot of residents come to them thinking that they can just come pick up a smoke detector and install it on their own, but we like to install them in the proper location and to ensure they are installed correctly. There is no cost for this service. E.PRIVILEGE OF THE FLOOR Attorney Weiss reminded the public to use the hand-raising function of Microsoft Teamsto indicate their desire to speak during Privilege of the Floor. She reminded attendees thatthey would be allotted three (3) minutes to speak. Board Member Al Kirsits thanked the Chief of Police and the Fire Chief for the three (3) day training at the Casino that was for an active shooter incident management class. It isendorsed by Homeland Security, the FBI, and the Justice Department. It was verysuccessful and he thanked the Chiefs for their commitment. Board Member Pam Claeys asked about the status of Fire Station #8. Chief Buchanon explained that the new building should be done in September and that itwill not stick out like a sore thumb. It really blends in with the neighborhood and he knowsthat the men and women that will be housed there are going to be really happy with it. F.ADJOURNMENTThere being no further business to come before the Board, upon a motion by Darryl Hellerseconded by Lee Ross, and carried by roll call, the meeting was adjourned at 10:08 a.m. BOARD OF PUBLIC SAFETY Daniel Jones, President ______________________________ Darryl Heller, Member ______________________________ Lee Ross, Member ______________________________ Al Kirsits, Member ______________________________ Pamela Claeys, Member ATTEST: ___________________________ Theresa Heffner, Clerk