HomeMy WebLinkAbout2024 10-16 Board of Public Safety Meeting MinutesOctober 16, 2024 66
I.EXECUTIVE SESSION
The Board of Public Safety met in the Executive Session on Wednesday, October 16, 2024 at 8:45
a.m. with Board President Dan Jones and Board Members, Darryl Heller, Lee Ross (not present),
Al Kirsits, Pamela Claeys and Attorney Danielle Weiss. The meeting was held in the Boardroom,
13th Floor., County-City Bldg., 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)(A) for discussion of strategy
with respect to collective bargaining and I.C. 5-14-1.5-6.1(b)(9) to discuss a job performance
evaluation of an individual employee.
BOARD OF PUBLIC SAFETY
______________________________
Daniel Jones, Member
______________________________
Lee Ross, Member
______________________________
Al Kirsits, Member
______________________________
Pamela Claeys, Member
ATTEST:
___________________________
Theresa Heffner, Clerk
I. REGULAR MEETING
The Board of Public Safety met in the Regular Meeting at 9:15 a.m. on Wednesday, October 16,
2024, with Board President Dan Jones, and Board Members Darryl Heller, Al Kirsits, Lee Ross
(not present) and Pamela Claeys were present. Also, Police Chief Scott Ruszkowski, Assistant Fire
Chief Mike Damiano, 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 Al Kirsits, seconded by Darryl Heller, and carried by roll call, the Board
approved the Minutes of the September 18, 2024, regular meeting and the September 27, 2024
special meeting. Darryl Heller abstained from voting on the meeting minutes from September
27, 2024 and Dan Jones abstained from voting on the September 18, 2024 meeting minutes.
C.POLICE DEPARTMENT
1.APPROVE PROMOTION TO LIEUTENANT – BRAD ROHRSCHEIB
Police Chief Scott Ruszkowski submitted a letter of recommendation for Officer Brad
Rohrscheib to be promoted to Lieutenant and stated Officer Rohrscheib has successfully
met the requirements outlined in the working agreement to become a Lieutenant within the
SBPD, with an effective date of November 15, 2024.
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Upon a motion by Pam Claeys, seconded by Darryl Heller, and followed by a roll call, the
Board approved the Promotion to Lieutenant.
2. ACCEPT VOLUNTARY DEMOTION – NEIL GRABER
Police Chief Scott Ruszkowski submitted a letter of a voluntary demotion of Lieutenant
Neil Graber in Special Assignment in the strategic Focus Unit of the Operations Division
to PFC Patrol 1st Detail, Patrol Division effective October 1, 2024.
Upon a motion by Darryl Heller, seconded by Al Kirsits, and followed by a roll call, the
Board approved the Promotion to Lieutenant.
3. ACCEPT LETTER OF RESIGNATION – BRANDON CLARK
Police Chief Scott Ruszkowski submitted a letter of resignation for Officer Brandon Clark.
Chief Ruskowski stated Officer Clark was sworn in the Department on May 15, 2024, and
his effective date of resignation was September 25, 2024. The Board accepted the letters.
4.APPROVE AND RESCIND 2024 SPECIAL POLICE COMMISSIONS
Police Chief Scott Ruszkowski submitted a letter on October 3, 2024, to approve and
rescind the 2024 Special Police Commissions. Police Chief Ruszkowski read through the
powers of each category, noting whether they include carrying of a weapon or any powers
of arrest.
Pam Claeys asked if they were all paid staff. Chief Ruszkowski stated yes but not the
volunteers in policing.
Upon a motion by Darryl Heller, seconded by Al Kirsits, and followed by a roll call, the
Board approved the 2024 Special Police Commissions.
5.APPROVE 2024 HALLOWEEN TRICK OR TREAT HOURS
Police Chief Ruszkowski submitted a letter to the Board for the SBPD Halloween Trick or
Treat hours to be held on Thursday, October 31, 2024, from 5:00 p.m. to 7:00 p.m.
Upon a motion by Pam Claeys, seconded by Al Kirsits, and followed by a roll call, the
2024 Halloween Trick or Treat hours were approved.
6.ACKNOWLEDGE COMMENDATIONS OF LIFE SAVING AWARD
Police Chief Scott Ruszkowski submitted letters for Officers Mollie Anton, Corey Lueth
and Matthew Winter. Chief Ruskowski stated Officer Mollie Anton, Matthew Winter, and
Corey Lueth’s quick actions and life saving measures saved an individual’s life in
September. Chief Ruskowski commended their efforts. The Board also commended the
officers’ actions and stated they would be receiving commendation coins.
7.APPROVE LEXIPOL POLICIES
203 – Training
1014 – Lactation Breaks
1024 – Temporary Modified Duty Assignments
Attorney Kylie Connell submitted the above Lexipol policies for approval and reminded
the Board Members and the public that the above policies were submitted to the Board at
the September 27, 2024 Board of Public Safety Special Meeting. She noted minor code
changes in each of the policies.
For policy 1024 Attorney Connell noted that the Pregnancy Workers Act is more of a
limitation rather than a disability.
Pam Claeys asked if the officers that the policy applies to were part of the decision in the
changes. Attorney Connell noted that they were included in the original discussions, but
there were minor changes, so they didn’t think they needed broader input.
Darryl Heller asked if this policy change was from the state. Attorney Connel noted that it
was federal.
October 16, 2024 68
Pam Claeys asked what causes a member to be assigned to participate in the daily training
bulletins in policy 203.6. Chief Ruszkowski advised that it is a bit confusing, but we do
have a daily bulletin that all officers are required to go over that is similar to the one
available online, except we have a bit more detailed information and that is updated every
seventy two (72) hours. When each shift comes on, they not only review that during roll
call, but they also have it in their shared drive, and they can get the civilian copy that is
online as well. Training bulletins themselves are not every day, but rather three (3) or four
(4)times a week. Something comes out on a training bulletin that all officers are required
to review, whether it is e-mail, read at roll call, or it is entered into the share drive, they are
required to look at whatever that training bulletin itself may be. It could be officer
awareness, a crime, a new system that may have come out that we may not have but should
have awareness of.
Upon a motion by Pam Claeys, seconded by Al Kirsits, and followed by a roll call, Lexipol
Policies 203, 1014, and 1024 were approved.
8.RECEIVE LEXIPOL POLICIES
316 – Missing Persons
317 – Public Alerts
502 – Vehicle Towing
Attorney Kylie Connell submitted the above Lexipol Policies for review by the Board and
to be considered for approval at the next Board meeting in November. Attorney Connell
presented a summary of each item above.
Darryl Heller asked if there were any significant changes to policy 502 that they should
know about. Attorney Connell advised that there wasn’t anything outstanding. One (1) of
the biggest changes was the involvement of the Records Department. She clarified that the
language did not mirror what was actually happening. It is actually the towing company
that was making notices, not the records department, and that matches with what is
permitted by law that we service out for the towing. It is the towing company that contacts
the individuals who are having their vehicles towed.
Darryl Heller asked if the two companies were rotational. Chief Ruszkowski noted that the
bids were submitted to the Board of Public Works and there are two (2) companies that
fulfilled the bid requirements and those are rotated back and forth.
9.FILE 3rd QUARTER REPORT FOR SPECIALIZED SCHOOLS
Police Chief Ruszkowski submitted the quarterly report for specialized schools for July,
August, and September of 2024.
Pam Claeys noted that three (3) officers went to the Crime Stoppers Conference, but it only
shows one (1) of them attended. Chief Ruszkowski advised that there was one (1) officer
and two (2) civilians.
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10.FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR AUGUST 2024
Chief Scott Ruszkowski submitted the September 2024 Monthly Statistical Analysis
Report. He noted there they are down seventeen percent (17%) in Part One Offenses. He
also noted that arsons went up by 120% from fifteen (15) to thirty-three (33) incidents. He
also noted the second justifiable homicide is not counted in the actual percentage, it is just
a notification for the Board.
Darryl Heller asked for more of an explanation of how justifiable homicides are counted.
Chief Ruszkowski explained that if the homicides were civilian, the classification,
regardless of what happened, is murder. The prosecutor decides whether a homicide is
justified or not. SBPD does not make that determination. That is why it is not counted in
these stats. Several years ago it was brought up by the Board to try to get an understanding
because the numbers themselves did not change and it gave the appearance that when you
submit a justifiable homicide, that it would be taken off, and it's not. We still count it as a
homicide. It is very convoluted to say the least, but that is not our determination. The
prosecutor does not have the requirements to classify police reports, that data goes to the
FBI and the DOJ. The prosecutor has no involvement or veted interest in those
classifications. Generally speaking, it could be someone that had been attacked and was
defending themself.
Darryl Heller asked Chief Ruszkowski if he could share more about the complaint from
the Department of Justice. Chief Ruszkowski advised that he has read the DOJ filing and
noted that Council has several points of contention with it. SBPD has been nothing but
open and transparent with the Board and the community. Attorney Connell advised that
further discussion would need to be done during an executive session. Attorney Weiss
advised that because it is pending litigation it would fall under one of the executive session
exceptions.
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D.FIRE DEPARTMENT
1. ACKNOWLEDGE COMMENDATIONS OF MERITORIOUS SERVICE
Assistant Fire Chief Mike Damiano submitted a Letter of Commendation of Meritorious
Service for Firefighter Chad Stanley. Chief Buchanon stated Firefighter Chad Stanley
pushed a man in his electric wheelchair over one (1) mile to get him home safely after the
man’s wheelchair lost power and stalled in the middle of the road. Chief Mike Damiano
read the commendation letter to the Board.
Fire Chief Carl Buchanon submitted a Letter of Commendation of Meritorious Service for
Battalion Chief Chris Baker, Captain Shawn Kuminecz, Captain Dave Pritz, Captain Steve
Pritz, Captain Brent VanBruaene, and Firefighter Kevin Bahus. Chief Buchanon stated
Battalion Chief Chris Baker, Captain Shawn Kuminecz, Captain Dave Pritz, Captain Steve
Pritz, Captain Brent VanBruaene, and Firefighter Kevin Bahus were deployed to North
Carolina as a Type II Swiftwater Team through an Emergency Management Assistance
Compact (EMAC) request. Their ability to work as a team was extraordinary and amazed
the local responders as well as the citizens who were fighting for their lives and property
amidst the swift-moving rivers, creeks, and flooded areas. The firefighters safely moved
North Carolinians out of harm’s way, while watching their homes and belongings being
destroyed by the devastation of Hurrican Helene. These firefighers demonstrated courage,
teamwork, and professionalism with their life saving rescue efforts during this historic
event. Chief Mike Damiano read the commendation letter to the Board.
Al Kirsits added that because he knows a little bit about this, he stated that he is very proud
as a resident of South Bend and that they were deployed to help another state. This group
of six (6) firefighters has worked hard. They keep the Indiana River Rescue School going
as the premier Swift water training program in the United States and they take it to such a
high level. He knows it is a hard task because the guys get stressed and it is a lot of work,
but he certainly appreciates seeing what they've done with that program, taking it to an elite
level. It is good to see that what they teach and do here in South Bend, but then to take it
out and share it with the rest of the country when it needs it is even better. He is sure that
the SBFD will probably have some more students coming to the Indiana River Rescue
School after they work with the guys out there. He thanked the firefighters involved and
showed his apprecation.
Dan Jones stated that he has three (3) kids in the Carolinas, two (2) in Charlotte and one
(1)in Charleston and he knows Highway forty (40) and twenty six (26) in Asheville, stating
it is a really treacherous territory.
2. FILE QUARTERLY TRAVEL AND TRAIINING REPORT
Assistant Chief Mike Damiano submitted the quarterly travel and training report.
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3. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR SEPTEMBER 2024
Assistant Chief Mike Damiano submitted the monthly statistical analysis report for
September 2024.
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Chief Buchanon noted
E.PRIVILEGE OF THE FLOOR
Assistant Chief Damiano of SBFD acknowledged the partnership between the South
Bend Police and the South Bend Fire Department in the recovery efforts down in the
Carolinas and in Tennessee. The two (2) departments collected a lot of supplies that
were needed for residents that have been devastated with some residents losing
everything. They sent five (5) trailers anywhere from a thirty foot (30’) fifth wheel to
October 16, 2024 75
120 foot and a twenty six foot (26’) box truck full of supplies. This was all voluntary
from police officers and firefighters and the community and they made a difference. He
spoke with one of the firefighters that was part of that delivery that morning and they
want to see something even larger because of how many people lost everything. He also
wanted to commend the partnership and the community involvement in helping our
fellow Americans in this time of need.
Pam Claeys stated those partnerships are critical and thanked both departments.
F.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 9:59 a.m.
BOARD OF PUBLIC SAFETY
______________________________
Daniel Jones, Member
______________________________
Lee Ross, Member
______________________________
Al Kirsits, Member
______________________________
Pamela Claeys, Member
ATTEST:
___________________________
Theresa Heffner, Clerk