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Home My WebLink About2025 07-01 Police Merit Board Meeting Minutes JULY 01, 2025 7 I.EXECUTIVE SESSION The Merit Board met in Executive Session on Tuesday, July 1, 2025, at 12:00 p.m. with Board members Daniel Jones, Pam Claeys, Eugene Eyster, Ray Owens, and Brantley Taylor, and Board attorney Adam Taylor. Attorney Kylie Connell and Assistant Chief Dan Skibins joined the meeting, followed by Police Officer Rico Butler and his attorney Andrea Beachkofsky. The Board requested the other parties to leave at approximately 12:45 p.m., for further review of the information received. The meeting was held in the Comstat Room of the South Bend Police Department, 701 W. Sample St., South Bend, Indiana, for purposes as specified in IC 5-14-1.5- 6.1(6)(A) to receive information concerning the individual's alleged misconduct over whom the Board has jurisdiction. The meeting concluded at approximately 12:50 p.m. POLICE MERIT BOARD _____________________________ Daniel Jones, President _____________________________ Pamela Claeys, Vice President ______________________________ Brantley Taylor, Secretary ___________________________ Eugene Eyster _____________________________ Ray Owens ATTEST: ___________________________ Hillary Horvath, Board Clerk II.REGULAR MEETING The Police Merit Board met at 1:03 p.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 Hillary Horvath were present. The meeting was held in the Training Auditorium 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/2025PoliceMerit A.ROLL CALL OF MEMBERS President Dan Jones confirmed the presence of board members President Dan Jones, Vice JULY 01, 2025 8 President Pam Claeys, Secretary Brantley Taylor, and Board Members Ray Owens and Gene Eyster. B. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Pam Claeys seconded by Ray Owens, and carried by roll call, the minutes for the Regular Meeting of the Board held on June 3, 2025 were approved. C. APPROVE RESOLUTION NO. 02-2025 A RESOLUTION OF THE SOUTH BEND POLICE DEPARTMENT MERIT BOARD ACCEPTING CERTAIN AUTHORITY FROM THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND Attorney Taylor briefly discussed the resolution. Upon a motion by Pam Claeys and seconded by Brantley Taylor, the electronic meeting resolution was approved. RESOLUTION NO. 02-2025 A RESOLUTION OF THE SOUTH BEND POLICE DEPARTMENT MERIT BOARD ACCEPTING CERTAIN AUTHORITY FROM THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND WHEREAS, a merit system has recently been established for the City of South Bend Police -8-3.5, which is called the South Bend Police demotion, disciplinary action, and dismissal of members of the Police Department; and Safety 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 Police Department, including selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the Police Department; and WHEREAS, on December 18, 2024, the Safety Board adopted its Resolution No. 05-2024, which determined that until such time as the Merit Board could fully assume its responsibilities, the Board of Public Safety would retain authority over selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the Police Departments; and WHEREAS, Merit Board members have now been selected, rules and policies governing the primary responsibility for the selection, promotion, demotion, disciplinary action, and dismissal of members of the Police Department; and its authority over the areas of selection, promotion, demotion, disciplinary action, and dismissal of members of the Police Department to the Merit Board and the Merit Board now desires to formally accept its new authority. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND POLICE DEPARTMENT MERIT BOARD: JULY 01, 2025 9 1. The South Bend Police Department Merit Board hereby acknowledges and accepts the transfer of authority over the selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of Police Department previously exercised by the City of South Bend Board of Public Safety. 2. Upon adoption of this Resolution, the Merit Board will begin to address all new matters of selection, appointment, promotion, demotion, disciplinary action, and dismissal of members of the Police Department. 3. Any matters that are in a pending status before the Safety Board but that have not had final action taken as of the adoption of this Resolution may, in the discretion of the Police Department, be retained by the Safety Board until final action is taken or transferred to Merit Board for final action. 4. All other authority granted to the Safety Board under Ind. Code § 36-4-9-5 and Ind. Code § 36-8-3-2 not relinquished to the Merit Board shall be retained by the Safety Board. 5. This Resolution will be in full force and effect upon its adoption. s/Daniel Jones s/Pamela Claeys s/Ray Owens s/Eugene Eyster s/Brantly Taylor ATTEST: s/Hillary Horvath/Clerk D. APPROVE PROMOTION TO LIEUTENANT IN SPECIAL ASSIGNMENT ANDREW HINES Assistant Police Chief Dan Skibins submitted a letter to inform the Board of the promotion to Lieutenant in Special Assignment in the Detective Bureau on special assignment with a Probationary period of one (1) year. The effective date of the promotion will be July 1, 2025. Upon a motion made by Pam Claeys, seconded by Ray Owens, and carried by roll call, the promotion to lieutenant in special assignment for Officer Andrew Hines was approved. E. APPROVE PROMOTION TO SERGEANT IN SPECIAL ASSIGNMENT ANDREW JACKSON Chief Skibins submitted a letter to inform the Board of the promotion to Sergeant in Special Assignment with a probationary period of one (1) year. The effective date of promotion will be July 1, 2025 Upon a motion made by Pam Claeys, seconded by Ray Owens, and carried by roll call, the promotion to Sergeant in special assignment for Officer Andrew Jackson was approved. JULY 01, 2025 10 F. ACKNOWLEDGE APPLICATION AND DECLARATION FOR RETIREMENT ROBERT DELEE Chief Ruszkowski submitted a letter of application and declaration for retirement for Officer Robert DeLee. He is retiring in good standing from the SBPD, effective July 19, 2025. He has been with the Department for two (2) years and eight (8) months. Chief Skibins asked the Board to join him in wishing him success in his new endeavors, Along with thanking him for his years of service with the SBPD. The Board acknowledged the application and declaration for retirement. G. STATUS OF RICO BUTLER AND DETERMINATION OF BACK-PAY Attorney Kylie Connell asked the Board to vote on whether suspended Officer Rico Butler would receive back-pay after the State motioned to dismiss his charges of two (2) Level rdth five (5) felonies on June 23 and June 24 of 2025 (IC 35-34-1-13). She stated that although the charges were dismissed, it is the opinion of the SBPD that the Probable Cause Affidavit is still within the purview of the merit board, and it is within their discretion to grant or deny back--pay to Officer Butler. Attorney Taylor clarified that they could vote to approve back-pay, deny back-pay, or motion to vote on back-pay at a later time after an internal investigation was further along or completed. He added the legal standard for back-pay is found in IC 36-8-3-4N in which members subject to criminal charges of the court may be placed on administrative leave, and members placed on leave without pay can be awarded back- discretion assuming the member is exonerated in the criminal courts. Upon a motion by Brantley Taylor and seconded by Ray Owens, the Board voted to delay voting on back-pay until more information from an internal investigation was available. Eugene Eyster voted nay. H. PRIVILEGE OF THE FLOOR Chief Skibins was asked to explain how promotions were selected. He informed the board on the process and selection for promotions. Chief Skibins stated a company is hired that tests for public safety. Officers with at least one (1) year on can apply for the promotion process which includes a written test provided by the company, scenario-based exercises that are also scored, and a scored oral interview process. The tests are pass/fail and those who pass all three (3) sections are added to a pool of potential candidates if a sergeant opening occurs. For lieutenant openings, the officers would have to have served at least two (2) years -- one (1) year probationary sergeant and one (1) year as an acting sergeant. They also have to complete the same testing process, but lieutenants have an extra scenario-based exercise that is more in-depth. JULY 01, 2025 11 Chief Skibins stated that this process was put together over the last seven (7) years with help from the FOP, President Morgan, himself, and a small committee in an attempt to create a merit based hiring process. I. ADJOURNMENT There being no further business to come before the Board, upon a motion by Pam Claeys, seconded by Brantley Taylor, and carried by roll call, the meeting was adjourned at 1:25 p.m. POLICE MERIT BOARD _____________________________ Daniel Jones, President _____________________________ Pamela Claeys, Vice President ______________________________ Brantley Taylor, Secretary ___________________________ Eugene Eyster _____________________________ Ray Owens ATTEST: ___________________________ Hillary Horvath, Board Clerk