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HomeMy WebLinkAbout2025 05-21 Board of Public Safety Meeting Minutes MAY 21, 2025 37 I. EXECUTIVE SESSION The Board of Public Safety met in the Executive Session on Wednesday, May 21, 2025 at 8:45 a.m. with Board President Daniel Jones, and Board Members, Darryl Heller, Lee Ross, Al Kirsits, Pamela Claeys and Attorney Danielle Weiss. The meeting was held in Chief’s Conference Room, South Bend Police Department, 700 W. Sample St., South Bend, Indiana for the purposes specified in I.C. 5-14-1.5-6.1(6)(A) to receive information concerning alleged misconduct of an individual(s) over whom the Board has jurisdiction. The Executive Session concluded at 9:12 a.m. BOARD OF PUBLIC SAFETY Daniel Jones, President Darryl Heller, Member _________________________________ Ross Lee, Member ______________________________ Al Kirsits, Member ______________________________ Pamela Claeys, Member ATTEST: ___________________________ Theresa Heffner, Clerk II. REGULAR MEETING The Board of Public Safety met in the Regular Meeting at 9:17 a.m. on Wednesday, May 21, 2025 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 Auditorium, South Bend Police Department, 700 W. Sample St.., 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 MEETINGS Upon a motion by Lee Ross, seconded by Al Kirsits, and carried by roll call, the Board approved the Minutes of the April 16, 2025 regular meeting. C. POLICE DEPARTMENT 1. APPROVE HIRING OF PROBATIONARY POLICE OFFICERS Amanda Foster Harrison Lanser Nathan Middlebrook Brock Piper-Vermillion Scott Stone Andrew Tippett MAY 21, 2025 38 Chief Scott Ruszkowski submitted a letter of recommendation for the above individuals be accepted for employment, as probationary police officers, with the SBPD effective May 21, 2025. Chief Ruszkowski stated they have all met the requirements of the application process of the SBPD and graduated from the Indiana Law Enforcement Academy Friday, May 2, 2025. Captain Kathy Fulnecky read the biography for each officer. Upon a motion by Lee Ross, seconded by Pam Claeys and followed by a roll call, the Board approved the hiring of the above probationary police officers. 2. SWEARING IN OF PROBATIONARY POLICE OFFICERS City Clerk Bianca Tirado administered the Oath which was then followed by the badge pinning. Each Board Member welcomed the officers and thanked them for their willingness to serve the City of South Bend. 3. APPROVE PROMOTIONS TO PATROLMAN 1ST CLASS Daniel Kurz Jeffrey Rose Nathaniel Taborn Eric Vargo Chief Scott Ruszkowski submitted letters of recommendations for the above officers to be promoted to Patrolman 1st Class and retro pay, effective May 15, 2025, and stated the officers have successfully met the requirements outlined in the working agreement to become a PFC within the SBPD. Upon a motion by Pam Claeys, seconded by Darryl Heller, and followed by a roll call, the Board approved the Promotions to Patrolman 1st Class for the above Officers. 4. ACCEPT LETTER OF RESIGNATION – CHRISTOPHER KOZORA Police Chief Scott Ruszkowski submitted a letter of resignation for Officer Christopher Kozora. Chief Ruszkowski stated Officer Kozora was sworn into the department September 19, 2018. The Board accepted the letter. 5. RECEIVE LEXIPOL POLICIES 318 – Victim and Witness Assistance 701 – Personal Communications Devices 1007 – Personnel Complaints Attorney Connell briefly went over some of the changes to each of the policies, so that Board would be ready to approve them at the June meeting. 318 – Victim and Witness Assistance: Attorney Connell advised that they were clearing up what the City does versus what other entities do. They also added language for U Visa and the T Visa and a brief explanation of how that works. 701 – Personal Communications Devices: Attorney Connell advised that this is just updating section 701.3 where members have no expectation of privacy when using their own personal devices. If it’s work related, we’re making it very clear that just because you are using your personal device to take photos of a scene or typing a text message that the City would be able to request access to it. 1007 – Personnel Complaints: Attorney Connell advised that in 1007.6.2 item K, it stated that no member would be compelled to submit to a polygraph or truth telling device, whereas in the standards of conduct it specifically says that a polygraph can be used if there is an investigation, so she took that out because SBPD does use polygraphs during an internal investigation for officers, so that wasn’t accurate for what the practice is. Another big change was changing the wording from “Board of Public Safety” to “the responsible board”, so if something changes in the future this won’t need to be updated again. The last changes involved the two (2) sections added at the end. The policy update simply reflects existing law that requires reporting misdemeanors, felonies, and other officer actions to the MAY 21, 2025 39 Law Enforcement Training Board. This allows the Board to investigate and determine if certification should be revoked. Finally, the disciplinary procedures outside the personnel complaint, this was somewhat in the policy, but this makes it clearer. Also, before getting to discipline there’s a verbal and there’s informal admonishment counseling and those things are still documented, but they are not considered discipline under the same category. Pam Claeys asked what the Office of Professional Standards was. Chief Ruszkowski advised that it falls under Internal Affairs. Pam Claeys asked what “Garrity advisement” meant. Attorney Connell advised that an employee can be required to give a statement by their employer, and refusal could lead to termination. However, that statement is protected from being used in criminal investigations as it is only for internal use. Pam Claeys inquired about the meaning of the words “administratively coerced”. Chief Ruszkowski advised that if we compel somebody to give an interview, for example anything policy related, they have no choice. If you refuse, than you can be terminated from employment. Pam asked if the U Visa and the T Visa protect victims of domestic violence and asked how frequently they get them. Attorney Connell advised that they are for human trafficking and domestic violence victims and actually any victim of a crime. A victim can apply for a visa, or the police department that investigated the crime can confirm that they were a victim of a crime. Chief Ruszkowski stated that he gets on average two (2) per week. Attorney Connell advised that some of these cases are very old, with people trying to clear up their status years later. This process is just one (1) step and does not determine visa outcomes. It involves verifying that a report was filed, the person was a victim, suffered harm, and cooperated with the investigation. Federal crime categories may need to be adjusted to match state law, and the process includes answering several detailed questions. 6. FILE MONTHLY STATISTICAL ANALYSIS REPORT APRIL 2025 Chief Scott Ruszkowski submitted the monthly statistical analysis report for April 2025 and stated there was a six percent (6%) decrease in Part One Offenses. He also noted that there was an increase in rapes from nineteen (19) to thirty (30). He stated that he would share some notes after the meeting to put things into perspective. MAY 21, 2025 40 7. RECEIVE RECOMMENDATION LETTER FOR TERMINATION – TERRY REDDEN Chief Scott Ruszkowski submitted a letter a recommendation for termination for Officer Terry Redden. Chief stated that Officer Redden has until May 27, 2025 to request a hearing. Attorney Weiss advised that this is just to acknowledge receipt, no action can be taken until we see if there is a request received from the officer for a hearing. D. FIRE DEPARTMENT 1. APPROVE APPLICATION AND DECLARATIONS FOR RETIREMENT Brain McLaughlin Todd Roempagel Chief Carl Buchanon submitted letters of application and declaration for retirement for the above Firefighters and discussed years served and retirement dates. Firefighter Brian McLaughlin was appointed to the SBFD on June 5, 2002 and his effective date of retirement was May 13, 2025 Firefighter Todd Roempagel was appointed to the SBFD on October 14, 1996 and his effective date of retirement was May 5, 2025. Chief Buchanon’s letter asked the Board to join them in appreciation and gratitude for the above firefighter’s commitment and distinguished services to the SBFD and the residents of the City of South Bend and wished them many years of good health and happiness in retirement. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call the Board approved the Application and Declaration for Retirement for Firefighter McLaughlin and Firefighter Roempagel. 2. ACCEPT LETTER OF RESIGNATION FIREFIGHTER - TIMATHY PAYNE Chief Buchanon submitted a letter of resignation from Firefighter Timathy Payne. Chief Buchanon stated Firefighter Payne was sworn on the department on February 14, 2020 and effective date of resignation was April 27, 2025. The Board accepted the letter. 3. FILE MONTHLY STATISTICAL ANALYSIS REPORT FOR APRIL 2025 Chief Carl Buchanon submitted the monthly statistical analysis report for April 2025. Chief Buchanon noted that the arson count increased for the month. He also noted that the human mind can be unpredictable, and while it's unclear why someone might commit MAY 21, 2025 41 arson, the speaker's role is to help prevent such incidents from causing harm. The number of incidents has risen, but ongoing public education efforts aim to reduce them and protect citizens, property, and firefighters in the future. Pam Claeys asked who the new public information person (PIO) was at the Fire Department. Chief Buchanon stated that the new PIO and Digital Media Specialist was Melissa Stevens from WNDU. She is doing a phenomenal job, really expanding the South Bend Fire Department in social media as well as in the public’s perspective. She works really well with all the firefighters by getting them more involved. Firefighters don’t generally pat themselves on the back or mention what they do on a daily basis, but she is doing an excellent job putting their faces and their actions out there so they can be commended for the job that they do. 4. APPROVE RESOLUTION NO. 05-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/CHIEF NEGOTIATOR TO REPRESENT THE BOARD OF PUBLIC SAFETY FOR THE UPCOMING FIRE DEPARTMENT NEGOTIATIONS Attorney Taylor advised that this resolution will begin on June 1st and there will be an initial meeting on Thursday of this week. This clarifies who the lead negotiator is for the city and that is Corporate Council or designee and they will be the lead negotiator for the Fire Department. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call the Board approved Resolution No. 05-2025. A RESOLUTION NO. 05-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, 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, 2025, the exclusive authority to fix by ordinance the annual compensation for all members of the South Bend Fire Department; and WHEREAS, the 2024 Working Agreement between the City of South Bend, Indiana and the South Bend Firefighters Local 362 will expire on December 31, 2025; 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 MAY 21, 2025 42 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 21 day of May, 2025. 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 E. UPDATE REGARDING TRANSITION TO MERIT COMMISSIONS Attorney Weiss advised that the Fire Merit Commission is a little further along than the Police Merit Board as they have now adopted their rules and procedures. The next meeting we will be approving the same type of resolution for the Police Merit Board. Attorney Connell advised that she is the board attorney for the Fire Merit Commission and the board did pass the procedure for hiring, firing, and promotions. There are only three (3) members, but that is enough to get going. Attorney Taylor advised that the Police Merit Board will likely approve the rules and bylaws since they are less detailed than the Fire Department due to the specifics in the statute. He anticipates that the Police Merit Board would be ready to transition after the June meeting. E. APPROVE RESOLUTION NO. 04-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND RELINQUISHING CERTAIN AUTHORITY TO THE SOUTH BEND FIRE DEPARTMENT MERIT COMMISSION Attorney Weiss noted that this is a formal measure to say that the Board of Public Safety is relinquishing to the South Bend Fire Department Merit Commission all the things that fall under their purview like appointment, promotion, demotion, disciplinary action and dismissal. This resolution states that any matters that are in a pending status before the board that have not had a final action taken regarding the Fire Department be retained by the Board of Public Safety until final action is taken or transferred to the merit system for final action. She was not sure of anything that is pending for Fire, but that would be determined as to who continues with those. Any new things would then go to the Fire Merit Commission. Everything else that the board currently handles will remain with the Board of Public Safety. That includes approval of Lexipol policies, the public bargaining agreements, the statistics, administrative resolutions, and donation of equipment, to name a few. She created a whole list that includes anything that's outside of the personnel actions will remain at the Board of Public Safety. For now, police items will stay with the Board of Public Safety until the Board is ready and then we would do another resolution that would transition that formally. Upon a motion by Darryl Heller, seconded by Pam Claeys, and followed by a roll call the Board approved Resolution No. 04-2025. MAY 21, 2025 43 RESOLUTION NO. 4-2025 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND RELINQUISHING CERTAIN AUTHORITY TO THE SOUTH BEND FIRE DEPARTMENT MERIT COMMISSION WHEREAS, the South Bend Board of Public Safety (“Board”) exists and operates pursuant to Ind. Code § 36-4-9-5 and Ind. Code § 36-8-3-2 and has historically exercised exclusive control over all matters relating to the City of South Bend Fire Department (the “Fire Department”), including selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the Fire Department; and WHEREAS, a merit system has recently been established for the Fire Department under I.C. 36-8-3.5, which is called the South Bend Fire Department Merit Commission (“Commission”); and WHEREAS, upon the selection of the Commission members and the formal adoption of rules and policies governing the Commission’s work, the Commission will assume primary authority for the selection, promotion, demotion, disciplinary action, and dismissal of members of the Fire Department; and WHEREAS, on December 18, 2024, the Board adopted Resolution No. 05-2024, which determined that until such time as the Commission could assume its responsibilities, the Board of Public Safety would retain authority over selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the Fire Departments; and WHEREAS, Commission members have been selected, and at the Commission’s last meeting on May 14, 2025, it formally adopted rules and policies governing its work; and WHEREAS, the Commission is now ready to assume primary authority for the selection, promotion, demotion, disciplinary action, and dismissal of members of the Fire Department and the Board desires to now formally relinquish its authority over such areas to the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND: 1. The Board of Public Safety hereby relinquishes its authority over the selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of Fire Department to the South Bend Fire Department Merit Commission. 2. Upon adoption of this Resolution, the Board of Public Safety will no longer address any new matters of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members. 3. Any matters that are in a pending status before the Board but that have not had final action taken may, in the discretion of the Fire Department, be retained by the Board until final action is taken or transferred to the Merit System for final action. 4. All other authority granted to the Board under Ind. Code § 36-4-9-5 and Ind. Code § 36-8-3-2 not relinquished to the Commission shall be retained by the Board. 5. This Resolution will be in full force and effect upon its adoption. 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 MAY 21, 2025 44 G. 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. H. ADJOURNMENT There being no further business to come before the Board, upon a motion by Lee Ross, seconded by Darryl Heller, and carried by roll call, the meeting was adjourned at 10:06 a.m. BOARD OF PUBLIC SAFETY Daniel Jones, President Darryl Heller, Member ______________________________ Ross Lee, Member ______________________________ Al Kirsits, Member ______________________________ Pamela Claeys, Member ATTEST: ___________________________ Theresa Heffner, Clerk