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HomeMy WebLinkAbout2025 01-15 Board of Public Safety Meeting Minutes1 I. REGULAR MEETING The Board of Public Safety met for the Regular Meeting at 9:15 a.m. on Wednesday, January 15, 2025, with Board President Dan Jones, and Board Members Darryl Heller, Al Kirsits, Lee Ross (absent), and Pamela Claeys present. Also, Police Chief Scott Ruszkowski, Assistant Fire Chief Todd Skwarcan, and Attorneys Danielle Campbell Weiss, Adam Taylor, Kylie Connell, and Board Clerk Theresa Heffner were all present. The meeting was held in the Council Chamers 4th Floor, County- City Bldg., 227 W. Jefferson Blvd., South Bend, Indiana, and virtually via Microsoft Teams at the following link: https://tinyurl.com/2025BPSHybrid 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 MEETING Upon a motion by Pam Claeys, seconded by Darryl Heller, and carried by roll call, the Board approved the Minutes of the December 18, 2025, regular meeting. C. POLICE DEPARTMENT 1. APPROVE APPLICATION AND DECLARATION OF RETIREMENT Gary Hasbrook Brian Kendall Police Chief Scott Ruszkowski submitted Letters of Application and Declaration for Retirement for the above Police Officers. Chief Ruszkowski stated Officer Hasbrook is retiring in good standing from the SBPD, effective January 11, 2025. Officer Hasbrook will have been with the Department for thirty-six (36) years, two (2) months, and twenty-nine (29) days. Chief Ruszkowski stated Officer Kendall is retiring in good standing from the SBPD, effective January 11, 2025. Officer Kendall will have been with the Department for thirty (30) years, five (5) months, and twenty-one (21) days. Chief Ruszkowski asked the Board to join him, in wishing Officer Hasbrook and Officer Kendall success in their endeavors, along with thanking them for their many years of service with the SBPD. Pam Claeys asked if Brian Kendall will return part time as a school resource officer (SRO) or community resource officer (CRO). Chief Ruszkowski noted that Assistant Chief Dan Skibbins will be deciding where to assign Brian Kendall, but he may be doing several different things like helping to train some of our new school resource officers. Upon a motion by Pam Claeys, seconded by Al Kirsits, and followed by a roll call, the Letters of Application and Declaration for Retirement were approved. 2. ACCEPT LETTER OF RESIGNATION Joshua Lawson Nicholaus Baab 2 Police Chief Scott Ruszkowski submitted letters of resignation for Officer Joshua Lawson and Officer Nicholaus Baab. Chief Ruszkowski stated Office Lawson was sworn into the Department on May 16, 2016, and his effective date of resignation was January 6, 2025. Chief Ruszkowski stated Officer Baab was sworn into the Department on May 18, 2022, and his effective date of resignation is January 17, 2025. The Board accepted the letters of resignation. 3. APPROVE RESOLUTION NO. 02-2025 – A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND CONCERNING THE MEETING AND ELECTION PROCEDURES FOR THE POLICE MERIT BOARD RESOLUTION NO. 02-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND CONCERNING THE MEETING AND ELECTION PROCEDURES FOR THE POLICE MERIT BOARD WHEREAS, the South Bend Board of Public Safety (“Board”) exists and operates pursuant to I.C. § 36-4-9-5 and Ind. Code § 36-8-3-2 and has exclusive control over all matters relating to the South Bend Police Department; and WHEREAS, the City of South Bend has adopted a Police Department Merit Board (Police Merit Board) under Ordinance No. 11165-24; and WHEREAS, the Police Merit Board is to consist of five (5) total members, with two (2) of the members elected by the active members of the South Bend Police Department (“SBPD”);and WHEREAS, Police Merit Board election is to be held pursuant to I.C. § 36-8-3.5-8, the Board is required to set the meeting and establish applicable procedures for the election of members by the active members of the SBPD; and WHEREAS, the Board must give at least three (3) weeks’ notice of said election meeting to all active members of the department; and WHEREAS, the Board now desires to set a date for said meeting and establish the process for election. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South Bend: 1. A meeting of the members of the South Bend Police Department is hereby set for February 7, 2025, at 9:15 a.m. in the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Boulevard, South Bend, IN 46601 AND February 10, 2025 at 4:00 p.m. in the 1308 Conference Room on the 13th floor of the County-City Building, 227 W. Jefferson Boulevard, South Bend, IN 46601 for purposes of electing two (2) members to the newly established Police Merit Board. These meetings will also be held virtually at https://tinyurl.com/2025PMBElection . 2. In accordance with I.C. § 36-8-3.5-8, the election meeting shall be closed to the 3 public and may only be attended by active sworn members of the SBPD. 3. Individuals interested in being considered as a candidate for an elected member must apply on a website managed by the City of South Bend: https:// southbendin.gov/meritboard. 4. The application format will be determined by the assigned Assistant City Attorneys of the City Legal Department with the City’s Corporation Counsel designating the assigned attorneys. 5. The deadline to submit merit board member applications shall be 4:00 p.m. EST on February 4, 2025. 6. The City Legal Department will screen applications initially to determine whether each application is complete and whether each satisfies all of the minimum requirements of eligibility: a. Not an active member of a police department; b. Not receiving remuneration as salary from the City of South Bend; c. Candidate is a person of good moral character. 7. The members of the SBPD will be provided with access to the relevant information submitted by the eligible applicants. 8. The members of the SBPD may discuss or hear from prospective candidates on their own schedule prior to February 7, 2025. 9. At the election meeting, a member of the Fraternal Order of Police Lodge #36 executive board will open the meeting and a chair (the “Chair”) will be selected as determined by majority of the membership in attendance. The Chair will announce the opening of the online voting portal will be at 9:30 a.m. February 7, 2025 and the closing of the online voting portal will be at 3:00 p.m. February 10, 2025. The Chair will confirm the portal is live. The Chair will announce the meeting will continue on February 10, 2025 at 4:00 p.m. 10. The City of South Bend will provide access to an online portal for voting on eligible applicants starting on February 7, 2025 at 9:30 a.m. through February 10, 2025 at 3:00 p.m. (all times in EST). This online voting portal will allow for secret voting. 11. The City Clerk or their designee will be the only authorized party that can access the voting results to determine the election results, and will prepare a certified report of the results in a sealed envelope. 12. The Chair will retrieve the City Clerk’s sealed envelope containing the results of electronic voting on February 10, 2025. At the election meeting on February 10, 2025 at 4:00 p.m., the Chair shall open and read aloud the results. 13. The newly elected Police Merit Board member with the most votes will serve a five (5) year term. The other member elected will serve a two (2) year term. In the event of a tie, the SBPD members present will vote for who will serve a five (5) year term, by majority vote. The elected member not receiving majority vote will serve a two (2) year term. 4 14. The Chair of the election meeting will provide notice of the election results to the Clerk of the Board of Public Safety (“Clerk”) by noting the duration of terms, signing and dating the election results and giving that document to the Clerk before 4:30 p.m. on February 10, 2025. 15. The Clerk shall issue notice of the elected members and their terms to the Board and the newly elected members within 7 days of February 10, 2025. 16. The election meetings may be attended by members through electronic means. No quorum of any kind (in-person attendance or otherwise) shall be required. 17. The Board further approves a notice of the called meetings, attached hereto as Exhibit A. The notice must be read during shift roll calls, and will be posted along with this resolution in prominent locations at the Police Department station, and comply in all other respects with the requirements of I.C. § 36-8-3.5-8. 18. This Resolution will be in full force and effect upon its adoption. s/Daniel Jones, President s/Darryl Heller, Member s/Alfred Kirsits, Member s/Pamela Claeys, Member ATTEST: s/Theresa Heffner/Clerk NOTICE FRIDAY, FEBRUARY 7, 2025 and MONDAY FEBRUARY 10, 2025 MEETING AGENDA I. SPECIAL ELECTION MEETING - at 9:15 A.M. –Hybrid Meeting – Council Chambers, County-City Buildling, 4th Floor, 227 W. Jefferson Blvd., South Bend, IN AND Virtually via Microsoft Teams with the link: https://tinyurl.com/2025PMBElection The Board of Public Safety called a special meeting for the purposes as specified in I.C. 36-8-3.5-8 for the election by active members of the South Bend Police Department to the Police Merit Board. A. Fraternal Order of Police Member confirms only active members of the Police Department may be present and vote. B. Selection of the Chair by active members present. C. Chair announces opening of the online voting portal will be at 9:30 a.m. and closing will be at 3:00 p.m. on February 10, 2025. 5 D. Chair confirms that the portal is live. E. Adjournmment. II. SPECIAL ELECTION MEETING - at 4:00 P.M. –Hybrid Meeting – 1308 Conference room, County-City Buildling, 13th Floor, 227 W. Jefferson Blvd., South Bend, IN AND Virtually via Microsoft Teams with the link: https://tinyurl.com/2025PMBElection The Board of Public Safety called a special meeting for the purposes as specified in I.C. 36-8-3.5-8 for the election by active member of the South Bend Police Department to the Police Merit Board. A. Chair announces the voting results. B. Terms are determined. C. Adjournment. Attorney Weiss explained that there is a resolution pertaining to the Police Merit Board and then there will be a separate resolution on the fire part of the agenda for the Fire Merit Board. The two (2) resolutions are a little bit different in part because the Council ordinances that were created to decide how these are structured are a little bit different for who qualifies to be a member and some differences in the length of time that the elections are open. State law puts the onus on the Board of Public Safety to set the date and create the procedures that the membership for police and fire will follow to elect the two (2) members that they get to elect for the newly formed Boards. This resolution spells that out and also gives the notice at the end as the exhibit that will go to the respective departments. This will be closed to the public, the only people allowed in the meeting are members of the department, as stated in the statute. We have created, with the help of our IT team, an application form that will be online for people who want to apply, one for each Board, and those will remain open for a few weeks. Once that is closed, the legal department will screen and make sure they all qualify. The applicants that do qualify will go on to a ballot that the members will then vote on which would result in the two (2) appointments. There will still be the Mayor’s two (2) appointments, and the Council’s one (1) appointment for each board. We do not know what those processes will be yet, but this is for the two (2) appointed by the departments. Attorney Connell advised that the application process is the same for Fire and Police. The only difference would be the actual questions in the application are a little bit different. Fire has a little bit more eligibility requirements, including voter registration, whereas PD does not have those requirements. Essentially, it's good moral character, and that's the baseline for being elected. As for the actual process, PD is going to have a kind of opening meeting to confirm that the voting is open and then to address any questions that anyone may have. It'll be in person and online with people likely tuning in virtually for that meeting. Then the voting will be opened. It'll be Friday, Saturday, Sunday, and Monday. Monday afternoon, the voting will cease at 3 p.m. EST, giving the clerk enough time from 3:00 p.m. to 4:00 p.m. to tabulate the results and provide those to the chair who is selected. There will be a final meeting for PD to get those results and then confirm who will have the five (5) year term and who will have the two (2) year term. The results will then be submitted to the Clerk of the Board of Public 6 Safety, which will then be sent out, probably as a notice to the Board and to the public. Al Kirsits noted that the ordinances states that applicants not receiving renumeration as a salary of the City of South Bend and asked if that means pensioners are excluded. Attorney Connell advised that anybody who is actively employed could not be elected as a member or a Board member. Attorney Weiss added that payment could hypothetically come in another way. If you are an employee receiving a salary, then you would be disqualified, potentially. Pam Claeys stated that the attorneys have made it very easy to sort through all of this, and she admires them. Attorney Connell advised that because it is a private meeting, it needs to be very clear of what's going on and what is happening, and we did not want to leave things up for questions. We are not sure what is going to happen or how this is going to work. Attorney Weiss noted that it was a team effort and also gave a shout out to the IT department for helping with the online forums and they are going to also have the electronic ballots too. They put in a lot of hours the last few weeks trying to help get this together quickly. Darryl Heller asked what the role of the Board of Public Safety is in this process. Attorney Connell advised that the Indiana Code identifies that the Board of Public Safety or governing board can set up the election process, so you are designated as the body that would appropriate to make some of these decisions. Going forward, if there are any issues with the Merit Board, it would flow through the Board of Public Safety first before it would go to the Common Council. Darryl Heller asked if the resolution’s timetable of February 10th is when the transfer would take place. Attorney Connell stated probably not adding they still have to have the other Members appointed by the Common Council and the Mayor and we have no control over how quickly that would happen, we are still in limbo even after this election of when all of the members would be ready and appointed. I'm guessing that it would probably be closer to March. Attorney Weiss advised that once they have everyone assembled, they will then have to create rules and procedures, and I think there's like a public hearing process. Those need to be in place before they can do real business. She thinks that the Board will still meet in February, but she wasn’t sure about March. Pam Claeys asked if the Board of Public Safety would dissolve. Attorney Weiss advised that at this point, she thinks the plan is there would be less duties that would fall under the Board's purview. There would be less things that they would consider. Some of those things would go to the Merit Boards, but the remaining would stay with the Board of Public Safety. There would just be less things to vote on and she didn’t know if they would adjust the meeting schedule to be less frequent or if BPS would still meet every month. They want to make sure things are done in a timely manner for the departments, but they'll have to see what is needed. The policies would still come to the Board for approval. The other option that I explained in the memo a couple weeks ago is to recombine the Board of safety with the Board of Public Works and have everything that was left over from the Merit Boards go to that Board. She doesn’t think there's a plan to do that at this point. Al Kirsits noticed that on the police side there isn’t a residency requirement to be a member of the Merit Board, but on the fire side there is. Attorney Connell stated once the Merit Board is in place, they could make more requirements, but at this point there is no residency 7 requirement. Attorney Taylor advised that the state statute requires three (3) years of residency to qualify. Darryl Heller asked if the state statute requires a residency requirement for fire, but not for police. Attorney Taylor advised that the fire department is controlled by state statute which the three (3) year residency requirement is a part of. Upon a motion by Darryl Heller, seconded by Al Kirsits, and followed by a roll call, the Resolution was approved. 4. FILE 4TH QUARTER REPORT FOR SPECIALIIZED SCHOOLS Police Chief Ruszkowski submitted the 4th Quarter Report for Specialized Schools. Pam Claeys asked what CVSA certification stood for. Chief Ruszkowski noted that it stands for Certified Voice Stress Analysis. It’s similar to a polygraph. It measures voice inflections in the voice specific microphone. Pam Claeys asked about Tremble and how it works. Chief Ruszkowski stated that Tremble Reveal is AI software training for the Fact Team diagrammers noting that it takes measurements. Pam Claeys and Darryl Heller questioned the dollar amount for the CVSA certification training. They initially noted that the math didn’t add up, but upon reexamination, agreed the numbers provided were correct. Chief Ruszkowski asked Captain Kathy Fulnecky to check the numbers and get back to them. 5. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR DECEMBER 2024 Police Chief Scott Ruszkowski submitted the December 2024 Monthly Statistical Report. 8 Chief Ruszkowski advised that there was a reduction of sixteen percent (16) in Part One Offenses for December 2024 compared to last year. He added that they have had their lowest criminal assault shootings since 2014. They had sixty-two (62) criminal assault shooting victims; five (5) fatal. There were seven (7) total homicides, one (1) was from a stabbing, one (1) was from something he can’t say because it is still in an investigative state. Overall, there were 705 guns recovered in 2024. I think most notably overall throughout 2024, South Bend has seen a three (3) year trend where we have seen a reduction in Part 1 Offenses. Given social media and other things where they say that we still have the component of fear of crime versus crime itself, he would personally appreciate the Board’s input on how we address the fear of crime component that they have in the community. Darryl Heller asked if they have a sense of what is behind the reduction. Chief Ruszkowski stated that there are so many factors, so from the Police Department, it’s our technology, the Real Time Crime Center, and the quarterly public safety updates. Also, the increase in staffing plays a huge factor. Chief Ruszkowski emphasized the department’s missions or designated areas they focus on deterring and stopping these bad things from happening played a factor. The community asked for more traffic stops and more focus on gun violence. Family and 9 friends have also intervened before these things become a disaster. Darryl Heller asked how the officers compared from 2014 to now. Chief Ruszkowski stated that he wasn’t sure of the number of officers in 2024, but in 2020-2021, they had their biggest influx being down 207 officers. He also recalled having around twenty (20) shootings in a month during 2022. He added that this is his tenth (10) year as Chief, and a lot of these violent incidents are people who are not from South Bend bringing whatever issue they have from elsewhere. Pam Claeys asked what can be done to reduce the number of rapes and arsons, whether it be community education or something else. Chief Ruszkowski advised that a lot of them are domestically involved, but he does feel that women are more comfortable reporting than they have been in the past. There are more resources for women in crisis and also the Family Justice Center. Arsons, on the other hand, are determined by the Fire Department, so it’s all about how it is classified. Pam Claeys noted seeing flyers on the back of bathroom stalls for domestic violence which she stated are helpful. D. FIRE DEPARTMENT 1. APPROVE LEXIPOL POLICY 710 – Department Use of Social Media Attorney Taylor advised that intent of this policy is not to govern the Firefighter’s use of Social Media, but to provide guidelines for a public information officer to manage social media content. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call, Lexipol Policy 710 was approved. 2. APPROVE APPLICATION AND DECLARATION FOR RETIREMENT Suzie Krill Tim Enright Christian Rose Brett McVoy Ron Simons Rick Bourdon Chief Buchanon submitted Letters of Application and Declaration for Retirements for the above Firefighters. Assistant Chief Todd Skwarcan discussed years served and retirement dates. Public Information Officer/Paramedic Suzie Krill was appointed to the SBFD on June 5, 2002. Public Information Officer/Paramedic Krill’s effective date of Retirement was January 5, 2025. Pump Engineer Tim Enright was appointed to the SBFD on March 20, 1997. Pump Engineer Tim Enright’s effective date of Retirement was January 5, 2025. Captain Christian Rose was appointed to the SBFD on March 29, 1995. Captain Rose’s 10 effective date of Retirement was January 5, 2025. Pump Engineer Brett McVoy was appointed to the SBFD on October 24, 1997. Pump Engineer McVoy’s effective date of Retirement was January 7, 2025. Pump Engineer Ron Simons was appointed to the SBFD on January 4, 1989. Pump Engineer Simons’ effective date of Retirement was January 11, 2025. Captain Rick Bourdon was appointed to the SBFD on May 6, 1987. Captain Bourdon’s effective date of Retirement was January 14, 2025. Pam Claeys gave kudos to Suzie Krill and noted that her shoes will be hard to fill. Assistant Chief Skwarcan noted that Suzie was the first female firefighter hired through the fire hiring process. She later chose to go to paramedic school on her own. She assumed the Public Information Officer role later in her career. Dan Jones stated that this was an appropriate time to recognize both police and fire in light of what has happened in California adding that what first responders have to deal with on hills and mountains is very treacherous. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call, the Letters of Application and Declaration for Retirements were approved. 3. ACCEPT LETTER OF RESIGNATION John Davis Anthony Marvel Steve Downey Josh Richhart Roberto Cruz Scott Applegate Trevin Stankiewicz Brian Countryman Dylan Bikowski Chief Carl Buchanon submitted letters of resignation for Firefighter above: Firefighter Davis was appointed to the SBFD on April 13, 2011, and his effective date of Resignation was January 3, 2025. Firefighter Marvel was appointed to the SBFD on May 24, 2007, and his effective date of Resignation was January 3, 2025. Firefighter Downey was appointed to the SBFD on June 30, 2005, and his effective date of Resignation was January 3, 2025. Firefighter Richhart was appointed to the SBFD on May 24, 2007, and his effective date of Resignation was January 3, 2025. Firefighter Cruz was appointed to the SBFD on April 13, 2011, and his effective date of 11 Resignation was January 3, 2025. Firefighter Scott Applegate was appointed to the SBFD on June 18, 2014, and his effective date of Resignation was January 3, 2025. Firefighter Trevin Stankiewicz was appointed to the SBFD on June 18, 2014, and his effective date of Resignation was January 3, 2025. Firefighter Brian Countryman was appointed to the SBFD on February 24, 2017, and his effective date of Resignation was January 3, 2025. Firefighter Dylan Bikowski was appointed to the SBFD on February 14, 2020, and his effective date of resignation was January 3, 2025. Assistant Chief Skwarcan noted that these firefighters will be moving to the new fire territory in St. Joseph County. President Jones asked how these resignations affect the force. Assistant Chief Skwarcan advised that it impacts the force negatively, because it puts them at 224 firefighters rather than 256. It creates more mandates for the rest of the firefighters. He noted that they have twenty- two (22) in their recruit academy that will graduate in March, so that will catch them up to the numbers, but not experience. The next fire academy will also be large, but sometimes they are offered jobs before they finish the academy. He added that they have to be able to take a civilian and turn them into a firefighter which takes a lot of training. He added that he spoke to a Chief in Dayton, Ohio and their situation is so bad that they have an agreement with their vendors when they order turn out gear for a firefighter, they leave the name placard off because some of their folks don't even make it through their whole hiring process before they've already transferred to another department. They just exchange invoices because they can't even outfit somebody before they leave, so thankfully we're not that bad. This highlights the need to be competitive and focus on recruitment and retention more than ever. President Jones accepted the letters of behalf of the Board. 4. APPROVE RESOLUTION NO. 01-2025 – A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND CONCERNING THE MEETING AND ELECTION PROCEDURES FOR THE FIRE MERIT BOARD RESOLUTION NO. 01-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND CONCERNING THE MEETING AND ELECTION PROCEDURES FOR THE FIRE MERIT BOARD WHEREAS, the South Bend Board of Public Safety (“Board”) exists and operates pursuant to I.C. § 36-4-9-5 and Ind. Code § 36-8-3-2 and has exclusive control over all matters relating to the South Bend Fire Department; and WHEREAS, the City of South Bend has adopted a Fire Department Merit Commission established under I.C. 36-8-3.5 (the “Merit Board Act”); and 12 WHEREAS, the Merit Board Act requires a merit commission to be created consisting of five (5) total Commissioners, with two (2) of the Commissioners elected by the members of the South Bend Fire Department (“SBFD”);and WHEREAS, pursuant to Section 8 of the Merit Board Act, the Board is required to set the meeting and establish applicable procedures for the election of Commissioners by the active members of the Fire Department; and WHEREAS, the Board must give at least three (3) weeks’ notice of said election meeting to all active members of the department; and WHEREAS, the Board now desires to set a date for said meeting and establish the process for election. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South Bend: 1. A meeting of the members of the South Bend Fire Department is hereby set for February 6, 2025, at 4:00 p.m. in the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Boulevard, South Bend, IN 46601 for purposes of electing two (2) members to the newly established Fire Merit Board. 2. In accordance with the requirements of the Merit Board Act, the election meeting shall be closed to the public and may only be attended by active sworn members of the SBFD. 3. Individuals interested in being considered as a candidate for elected Commissioner must apply to be considered for vote by the members on a website managed by the City of South Bend, namely the following website: https://southbendin.gov/meritboard. 4. The deadline to submit merit board commissioner applications shall be 4:00 p.m. EST on February 4, 2025. 5. The City Legal Department will screen applications initially to determine whether each application is complete and whether each satisfies all of the minimum requirements of Eligibility required by the Merit Board Act: a. Legal residency in the City of South Bend for at least three (3) consecutive years immediately preceding the application submission; b. At least twenty-one (21) years of age; c. Not an active member of a fire department or police department or agency; d. Not receiving remuneration as salary from the City of South Bend; e. Candidate is a person of good moral character; f. Political affiliation provided through voters’ registration records of the three (3) most recent primary elections (note: the Merit Board Statute requires the elected Commissioners be of different political parties); and g. Whether they are a past member of a fire department or police department or agency (note: the Merit Board Statute imposes a limitation of two (2) total JANUARY 15, 2025 14 commissioners out of five (5) that may be past members of a fire or police department). 6. The members of the SBFD will be provided with access to the information submitted by the eligible applicants. 7. The members of the SBFD may schedule their own separate meeting(s) in advance of the election meeting to discuss, or hear from, any prospective candidates, or to agree to other procedures for the meeting that do not otherwise conflict with this Resolution. 8. The City of South Bend will provide access to an online portal for voting on eligible applicants on February 6, 2025 from the hours of 8:00 a.m. through 3:00 p.m. 9. The City Clerk or their designee will be the only authorized party that can access the voting results to determine the election results, and will prepare a certified report of the results, including the vote count for each candidate, in a sealed envelope. 10. At the election meeting, a member of the Local 362 executive board will open the meeting and a chair (the “Chair”) will be selected as determined by the membership physically present in attendance. 11. The Chair will retrieve the Clerk’s sealed envelope containing the results of electronic voting then open and read aloud the contents of the results at the election meeting. 12. After confirming which two (2) candidates were elected by the members, the Chair will confirm which Commissioner will serve a four (4) year term, which will be based on which candidate received the most votes. If there is a tie, the members physically present will vote to determine which candidate will receive the two (2) or four (4) year term. 13. The appointed Chair of the election meeting will provide notice to the Clerk of the Board of Public Safety concerning the election outcome and duration of the terms of the elected Commissioners. 14. Unless otherwise determined by the members, the election meetings may be attended by members through electronic means. 15. The Board further approved a notice that describes the procedures for the election meeting, attached hereto as Exhibit A, which must be read during shift roll calls, and will be posted in prominent locations in the stations of the department, and comply in all other respects with the requirements of the Merit Board Act. 16. This Resolution will be in full force and effect upon its adoption. ADOPTED this 15th day of January 2025. s/Daniel Jones, President s/Darryl Heller, Member s/Alfred Kirsits, Member s/Pamela Claeys, Member ATTEST: s/Theresa Heffner/Clerk Exhibit A NOTICE JANUARY 15, 2025 15 FIRE MERIT COMMISSIONERS ELECTION DATE AND PROCEDURES Pursuant to I.C. 36-8-3.5-8, the South Bend Board of Public Safety is required to set the meeting and establish applicable procedures for the election of Fire Department Merit Commissioners by the active members of the Fire Department. The following date, time, location, and procedures have been set by the South Bend Board of Public Safety: 1. A meeting of the members of the South Bend Fire Department is set for February 6, 2025, at 4:00 p.m. in the Council Chambers on the 4th floor of the County- City Building, 227 W. Jefferson Boulevard, South Bend, IN 46601 for the purposes of electing two (2) members to the newly established Fire Merit Board. 2. In accordance with I.C. 36-8-3.5-8, the election meeting shall be closed to the public and may only be attended by active sworn members of the South Bend Fire Department (“SBFD”). 3. Individuals interested in being considered as a candidate for elected Commissioner must apply to be considered for vote by the members on a website managed by the City of South Bend, namely the following website: https://southbendin.gov/meritboard. 4. The deadline to submit merit board commissioner applications shall be 4:00 p.m. EST on February 4, 2025. 5. The City Legal Department will screen applications initially to determine whether each application is complete and whether each satisfies the minimum requirements of eligibility required under IC 36-8-3.5, namely: a. Legal residency in the City of South Bend for at least three (3) consecutive years immediately preceding the application submission; b. At least twenty-one (21) years of age; c. Not an active member of a fire department or police department or agency; d. Not receiving remuneration as salary from the City of South Bend; e. Candidate is a person of good moral character; f. Political affiliation is provided through voters’ registration records of the three (3) most recent primary elections (note: IC 36-8-3.5 requires the two (2) elected Commissioners be of different political parties); and g. Whether they are a past member of a fire department or police department or agency (note: IC 36-8-3.5 imposes a limitation of two (2) total Commissioners out of five (5) that may be past members of a fire or police department). 6. The members of the SBFD will be provided with access to the information submitted by the eligible applicants. 7. The members of the SBFD may schedule their own separate meeting(s) in advance of the election meeting to discuss, or hear from, any prospective candidates, or to agree to other procedures for the meeting that do not otherwise conflict with these procedures. 8. The City of South Bend will provide access to an online portal for voting on eligible applicants on February 6, 2025 from the hours of 8:00 a.m. through 3:00 p.m. 9. The City Clerk or their designee will be the only authorized party that can access the voting results to determine the election results, and will prepare a certified report of the results, including the vote count for each candidate, in a sealed envelope. 10. At the meeting, a member of the Local 362 executive board will open the meeting and a chair (the “Chair”) will be selected as determined by the membership physically present in attendance. JANUARY 15, 2025 16 11. The Chair will retrieve the Clerk’s sealed envelope containing the results of electronic voting then open and read aloud the contents of the results at the election meeting. 12. After confirming which two (2) candidates were elected by the members, the Chair will confirm which Commissioner will serve a four (4) year term, which will be based on which candidate received the most votes. If there is a tie, the members physically present will vote to determine which candidate will receive the two (2) or four (4) year term. 13. The appointed Chair of the election meeting will provide notice to the Clerk of the Board of Public Safety concerning the election outcome and duration of the terms of the elected Commissioners. 14. Unless otherwise determined by the members, the election meeting may be attended by members through electronic means. Attorney Weiss this resolution is very similar, but there are some differences from the police. One other difference between the boards that was not highlighted before is the term for the police board is a five (5) year term, while the fire board appointment is a four (4) year term. The initial appointments will serve for only two (2) years on each of the boards to make it kind of staggered. Attorney Taylor noted that Police are following this statute to an extent like the notice requirements for the election, but their processes and terms are different, so that is a notable point. He wanted to be clear that these discussions and production of this resolution did have input from the Union, particularly from the Union President, Eric Griffin. They’ve tried to spell out as many things as possible and make this as quick of a process for the firefighters as it can be. Only members can attend the meeting. There's a notice that's attached in the file. That notice, according to statute or statutory requirements, must be posted at the fire department for the full three (3) week period. That was the minimum period that you could have for notice. The vote is going to happen through a website that the City will send out a link for, and the firefighters will have an opportunity to review all the applications they received online, basically they will vet them after the legal department as specified in here, and make sure that they meet the statutory requirements. There are quite a few requirements that have to be met, and we are asking the Board to approve that because that isn't something that's clear in the statute. That is something that we are asking for clarification on because I think without some of those terms, it would be a really messy process that could result in Commissioners being elected that do not meet the statutory requirements. Pam Claeys emphasized that she doesn’t think the political affiliation should be a part of the this, but the Indiana Legislature did. Attorney Weiss advised that on the application form they included where they can go to get that information, so it is easier for people to figure that out if they want to apply. The application form is on the City’s landing page and on the Board of Public Safety page. Pam Claeys asked how this will be communicated to the public that may not know about it but may want to participate. Attorney Weiss noted that Legal has inquired about the possibility of doing a press release, but she does not have an answer on that. A lot of it will be word of mouth. The other positions will be subject to whatever internal process the Mayor’s office or Council uses. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call, the Resolution was approved. 5. FILE QUARTERLY TRAVEL AND TRAINING REPORT Chief Buchanon submitted the quarterly travel and training report. JANUARY 15, 2025 17 6. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR DECEMBER 2024 Chief Buchanon submitted the monthly statistical analysis report for December 2024. JANUARY 15, 2025 18 Pam Claeys asked how the Brycer Agreement fits in with businesses beginning to self report in partnership with their alarm companies. Assistant Chief Skwarcan stated that there is an agreement in place, but he doesn’t believe that notices have gone out yet. Brycer has to issue the notices which is a benefit to the department. It will give them visibility into perhaps some businesses that we lacked visibility into just because of the amount of inspections an inspector can do in a day. They are hoping for increased compliance from places that they don’t get into as frequently. He added that they will ramp up the installation and education of smoke detectors when they are fully staffed, but they may look to use some retired or past members to help with volunteer fire safety. E.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. Eric Griffin, President of Local 362 apologized for not being able to be in person. He wanted to say that they appreciate everything the Board of Public Safety has done and continues to do. This isn't necessarily an issue that we have with the current Board, but it is more just a safeguard for the future. With the Board currently being entirely appointed by the Mayor there is the possibility of potential issues in the future. This is the standard across the board for fire departments. We are by far the largest fire department in the state that does not currently operate under a merit board, so our state unions have been pushing that for quite some time. Again, it isn't necessarily an issue or a problem with the current board we are just looking forward into the future. He agreed with Pam Claeys that he doesn’t necessarily like some of the rules that are within the state model, but they feel as though following the model that our voted in members of the state agreed on instead of trying to modify the model helps avoid opening up the department to potential liabilities. Lastly, he mentioned that there was another Lexipol Policy change or proposal on the agenda and cited Article 29, Section G that says within our collective bargaining agreement, the employer agrees that prior to changing any existing or introducing any new policy, practice, or standard operating procedure, the employer will first discuss the change with the Joint Labor Management Committee as provided. He stated that to his knowledge, no one within the Labor Management Committee has set eyes on that new Lexipol Policy. He asked the Board of Public Safety to encourage the administration to try to follow that section of the CBA and provide potential Lexipol changes to that labor Management Committee prior to submittal to the Board of Safety, that would be appreciated. Police Chief Scott Ruszkowski reported the correct numbers for the certified voice stress analysis (CVSA) training certification from Captain Kathy Fulnecky. The course fee is $595 each times three (3) which would give the total of $1785. The hotel was $366 times three (3) which is a total of $1,098. If adding the $1785 plus $1,098 plus the $672 per diem, you get a grand total of $3,555. F.ADJOURNMENT There being no further business to come before the Board, upon a motion by Darryl Heller, seconded by Pam Claeys, and carried by roll call, the meeting was adjourned at 10:19 a.m. BOARD OF PUBLIC SAFETY Daniel Jones, President Darryl Heller, Member JANUARY 15, 2025 19 _________________________________ Ross Lee, Member ______________________________ Al Kirsits, Member ______________________________ Pamela Claeys, Member ATTEST: ___________________________ Theresa Heffner, Clerk