Loading...
HomeMy WebLinkAbout2025 06-03 Police Merit Board Meeting Minutes JUNE 03, 2025 5 I. REGULAR MEETING The Police Merit Board met at 11:30 a.m. on Tuesday, June 3, 2025 with Board President Dan Jones, Vice President Pam Claeys, Secretary Brantley Taylor and Board Members Gene Eyster, and Ray Owens present. Also, Assistant City Attorney Adam Taylor, Assistant City Attorney Kylie Connell and Board Clerk Theresa Heffner were present. The meeting was held in the Comstat Room at the South Bend Police Department, 701 W. Sample St., South Bend, Indiana and virtually via Microsoft Teams at the following link: https://tinyurl.com/PoliceMerit6325 A. ROLL CALL OF MEMBERS President Dan Jones confirmed the presence of board members President Dan Jones, Vice President Pam Claeys, Secretary Brantley Taylor, and Board Members Ray Owens and Gene Eyster. B. APPROVE MINUTES OF PREVIOUS MEETING Pam noted a revision under H. where the word changed was missing. Clerk Theresa Heffner noted the change. Upon a motion made by Pam Claeys seconded by Ray Owens, and carried by roll call, the amended minutes for the Regular Meeting of the Board held on May 2, 2025 were approved. C. APPROVE ELECTRONIC MEETING RESOLUTION Attorney Taylor briefly discussed the resolution and noted that it is a pretty standard resolution that other boards and commissions use for the city. Upon a motion made by Gene Eyster, seconded by Pam Claeys, and carried by roll call, the electronic meeting resolution was approved. D. APPROVE BYLAWS Attorney Taylor explained that the draft bylaws, which were created in collaboration with the Police Department's attorney, Kylie Connell, cover membership, officers, meetings, quorum, official actions, rules, procedures, hearings, and confidentiality. He noted that the bylaws come from things specified in either the statute or in the local ordinance. He added that structure of the meetings follows the standard Robert’s Rules of Order. As to the meetings, there is not requirement that they be monthly. What is specified in Article 4.1 is that meeting be at least quarterly and as often as monthly. In Article 4.4, with regard to quorum, the board itself is dictating how quorum is defined. In Section 5.1 a majority of the members of the board, that’s normal for Robert’s Rules of Order. IN Section 5.2 official action, majority vote of all members present, and sometimes that does vary based on organization order or commission. Gene Eyster asked if being present meant in person or online. Attorney Taylor stated that the intent is not necessarily members present in person, but members attending and that language could be changed. Some Commissions have a requirement. The Redevelopment Commission, for instance, requires a majority vote of all members, whether present or not. JUNE 03, 2025 6 Gene Eyster asked if the wording could be changed to say either in person or virtual, so it clarifies what present is. Attorney Connell advised that is say in attendance, so that anyone online is considered in attendance. Attorney Taylor finished covering the procedures and the applicable ordinance and relevant statutes, but wanted to draw attention to the Commissioner training that highlights the conflict of interest policy, the importance of keeping information confidential, especially information that is shared in executive session. Upon a motion made by Gene Eyster, seconded by Pam Claeys, and carried by roll call, the board approved the bylaws with minor amendments. E. APPROVE RULES Attorney Taylor referred to Attorney Connell for an explanation of the rules. Attorney Connell, the Assistant City Attorney for the Police Department, explained that hiring and firing procedures are largely governed by the ordinance established by the Merit Board, not the administration. Most processes follow the South Bend Police Department’s procedures, leaving little room for flexibility. While the administration is open to discussions about process changes, the ordinance gives final authority to the administration, not the Merit Board. Connell clarified that she is a liaison, not an expert, and that specifics should be addressed by the chief. The discipline and hearing processes will follow the same legal code as the Board of Public Safety but will now fall under the Merit Board's authority. Chief Ruszkowski noted that there are a couple of changes that need to be made, one under 7.E.1, the word review should be underlined. This has caused a point of contention internally with some of the officers thinking that they would get a hearing with a discipline for five days or less. They get a review, but no hearing is involved. Then there is a scrivener’s error under 8.A.7 the word “issue” should be “issued”. Dan Jones asked which board would handle a request for a hearing on a discipline. Attorney Connell advised that any that are currently pending would stay with the Board of Public Safety. That would keep within the thirty (30) days. Gene Eyster asked if there has ever been an issue with the understanding of thirty (30) calendar days or business days. Attorney Connell advised that the legal interpretation that is, unless it specifies business days, that it means calendar days. She added that this is something that is up to the discretion of the Merit Board whether to add “calendar days”. Chief Ruszkowski stated that they have had issues with notices and grievances on whether is calendar days or business days. Gene Eyster noted that it wouldn’t hurt to clarify calendar days. Pam Claeys asked how long a typical hearing takes. Attorney Connell briefly explained how a hearing works with Dan Jones providing his experience with a past hearing that lasted two (2) days. JUNE 03, 2025 7 Upon a motion made by Brantley Taylor, seconded by Ray Owens, and carried by roll call, the board approved the bylaws with minor amendments F.APPROVE SBPD DISCIPLINE MATRIX Chief Ruszkowski explained how the discipline matrix came to be. After an officer involved shooting, the process for the matrix was expedited. Officers at that time had no indication of what they may face should something be violated. He clarified it is not foolproof, because all the intricacies that are involved with policing, there's no way you could capture everything. His number one priority is the community and making sure they serve their community. They make the rules to help not just the Community but the officers. The matrix was developed with input from the community and various city entities. He advised that they had about fifteen (15) Community Action Group meetings and groups from every city entity. Attorney Connell explained that the Community Police Review Board serves as a checks and balances system for Internal Affairs. Its role is not to make decisions on disciplinary actions, but to ensure that investigations are being conducted properly. The Board can make recommendations for policy or procedural improvements but should not offer opinions on whether discipline is warranted. Ideally, the Board will confirm that Internal Affairs is performing thorough and appropriate investigations. Upon a motion made by Gene Eyster, seconded by Ray Owens, and carried by roll call, the board approved the SBPD Discipline Matrix. G.PRIVILEGE OF THE FLOOR No one was present to speak during privilege of the floor. H. ADJOURNMENT There being no further business to come before the Commission, upon a motion by Pam Claeys, seconded by Brantley Taylor, and carried by roll call, the meeting was adjourned at 12:02 p.m. POLICE MERIT BOARD Daniel Jones, President _____________________________ Pamela Claeys, Vice President _____________________________ Brantley Taylor, Secretary ___________________________ Eugene Eyster _____________________________ Ray Owens ATTEST: ___________________________ Hillary Horvath, Board Clerk