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HomeMy WebLinkAbout05/15/13 Board of Public Safety Meeting MinutesPUBLIC AGENDA SESSION MAY 15 2013 40 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, May 15, 2013 in the IP Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Patrick D. Cottrell and Board Members Eddie Miller, John Collins, and Luther Taylor present. Board Member Laura Vasquez was absent. Also present was Attorney Andrea Beachkofsky, Police Chief Ronald Teachman, and Assistant Fire Chief Andrew Myer. Board members discussed the following agenda items: - Monthly Statistical Analysis — April - PoIice Department Police Chief Ronald Teachman stated that crime statistics are down overall by 15 %, with Part 1 Crimes down 8 %. He noted that Robbery and Motor Vehicle Theft are the two crime rates that are up. Chief Teachman stated he noticed the statistics on rape have remained flat and that alerted him that the crime is not being tracked according to the new definition of rape. He informed the Board that affective in 2013, the definition of rape is much more comprehensive, replacing the wording with lack of consent instead of force, and referencing any body part violated instead of specific body parts. Chief Teachman noted that South Bend Police were not aware of the change, and are therefore reviewing all reports back to January to see what fits the new guidelines. He stated this will drive up the numbers and therefore next month's report will show a significant increase. Chief Teachman stated he will attach the new guidelines for rape with his next month's statistics. - Acknowledge Top Six Candidates — South Bend Fire Department Captain's Promotion Process Assistant Chief Andy Myer explained the process used for the selection of the top candidates for Captain, to the Board. He noted this is the first time they have done an internal screening. He stated they worked with the Labor Management Committee and composed their own questions for both the written and the verbal tests. Chief Myer stated the process worked well in weeding out candidates. He explained the first test was a written test with a pass /fail score; the second and third tests were oral interviews, with the second test showing the top 30 %, and the third test producing the final scores of each individual. Request for Leave of Absence — Fire Department Ms. Beachkofsky stated this request is for a sabbatical for educational purposes. She noted the question came up on whether the Fire Department continues to fund the Firefighter's benefits. She stated she has a call in to the Public Employees Retirement Fund (PERF) and they are checking on it. Ms. Beachkofsky stated Firefighter Bennion is asking for unpaid Ieave, but the City will still be paying into his insurance, pension, and will cover him with a life insurance policy while he is gone. Assistant Chief Andy Myer stated that Fire Chief Steve Cox is fine with the leave as long as it doesn't create a financial burden on the City. Ms. Beachkofsky noted the firefighter did not submit his request in a timely manner and she understands that the Board will need to vote on it, but she is waiting for confirmation from PERF if there will be a cost to the City. - Additions to the Agenda President Cottrell stated he would like to add a Discussion on Reporting of Personnel Issues; a Discussion on Setting Discovery and Production Deadlines; and a report on the Towing List to the agenda. Ms. Beachkofsky added that the Statute covering Leave of Absence should be included on the agenda for the Executive Session also. ADJOURNMENT There being no further business to come before the Board, Ms. Beachkofsky declared the meeting adjourned at 8:21 a.m. BOARD OF PUBLIC SAFETY Patrick D, Cottrell, Member aura A, Vasquez, �4ember Eddie Miller, Member PUBLIC AGENDA SESSION ATTEST: "', Unda M .Martin, Clerk MAY 15, 2013 41 Jo Collins, Member Luther Taylor, Merr(ber EXECUTIVE SESSION MAY 15, 2013 The Board of Public Safety met in the Executive Session on Wednesday, May 15, 2013 at 8:30 a.m. The meeting was held in the Board Conference Room, 13th Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(2)(A)6(A) and (7). Board President Patrick Cottrell, and Board Members Eddie Miller, John Collins, and Luther Taylor were present. Board Member Laura Vasquez was absent. Also present were Assistant Fire Chief Andrew Myer, Police Chief Ronald Teachman, and Attorney Andrea Beachkofsky. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meting adjourned at 8:55 a.m. BOARD OF PUBLIC SAFETY Patrick D.: Cottrell, Member Laura Vasquez, Member q a j" c, E die Miller, Member ��� . J4WCollins, Member Luther Taylor, Nb5fnber ATTEST: his I✓inda M. Martin; Clerk' REGULAR MEETING MAY 15, 2013 The Board of Public Safety met in the Regular Meeting at 9:18 a.m. on Wednesday, May 15, 2013, with Board President Patrick Cottrell, and Board Members Eddie Miller, John Collins, and Luther Taylor present. Board Member Laura Vasquez was absent. Also present were Police Chief Ronald Teachman, Assistant Fire Chief Andrew Myer, and Attorney Andrea Beachkofsky. The meeting was held in the Board Conference Room, 13" Floor, County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS Mr. Cottrell noted an error on page 34 of the Minutes with the abbreviation FMLA. He stated the "L" was left off. Ms. Martin noted she had already corrected the error in the final Minutes. Mr. Cottrell stated unless there were any additional corrections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of April 17, 2013, and the Special Meetings of April 26, 2013 and May 10, 2013 as presented. REGULAR MEETING MAY 15, 2013 42 DISCUSSION ON PERSONNEL ISSUE REPORTING Ms. Beachkofsky stated this discussion is regarding the issue of when Public Safety personnel should report personnel issues to Human Resources directly. At issue, she noted, is when they are dealing with personal health information that must be reported to multiple layers of supervisors, that they want kept confidential. Eventually, Ms. Beachkofsky stated, the information comes to her via the Chief. The question is should it be reported to Human Resources directly. Ms. Beachkofsky stated her recommendation is that these kinds of issues be dealt with internally if they can work it out. If not, and they feel they need a mediator, she would recommend they go to Human Resources and keep a written record. Ms. Beachkofsky noted she recently underwent FMLA training specific to Police and she will share what she learned through internal training. She noted if there is a privacy issue regarding the health of the individual, they can go directly to Human Resources; they don't need to go through multiple layers of supervision. Mr. Collins questioned if personal issues come up, could they go directly to their top Chief, rather than the chain of command. Ms. Beachkofsky stated that technically, they don't have to; they can go directly to Human Resources and the Chief will receive a letter informing him the employee will be out on a certain date. The burden is still on the employee to go to HR and to let the City know their approved medical return date. She noted the Board is still authorized to approve leave of absence, but if someone qualifies for FMLA, they can go directly to Human Resources. Ms. Beachkofsky noted one question is if Human Resources is not knowledgeable about Public Safety, would they and the Board be comfortable with them coming to the Board of Public Safety for a final decision. DISCUSSION ON SETTING DISCOVERY AND PRODUCTION DEADLINES The Board discussed the need to set a policy for time limits on the request for and production of discovery. Mr. Cottrell suggested ten (10) days to request discovery from the setting of the Hearing date, and ten (10) days to produce from that date. He noted that would still be in the thirty (3 0) day time limit for holding a hearing from the time of a request for a hearing. Ms. Beachkofsky stated she spoke to Legal Counsel Joe Simeri and he is willing to hold a pre -trial hearing at which he can set the dates for the request and production of discovery. She noted the Board would just need to grant him the power to hold the pre -trial hearings and set the dates. Ms. Beachkofsky questioned whether the Board would want to set Iimits on opening and closing statements also. The Board agreed that a five (5) minute limit would be a good start and if it's found that there is a need to extend the limit that can be looked at later. POLICE DEPARTMENT APPROVE PROMOTIONS TO PATROLMAN 1sT CLASS — MARANDA BAKER, - JOSEPH COLE, - ANTHONY DERTZ, - ERNESTO RAMIREZ, - DAVID TROUT In a letter to the Board, Police Chief Ronald Teachman recommended that Patrolmen 2"d Class Maranda Baker, Joseph Cole, Anthony Dertz, Ernesto Ramirez, and David Trout be promoted to the rank of Patrolman 1St Class, effective June 2, 2013. Therefore, upon a motion made by Mr. Miller, seconded by Mr. Collins and carried, the Chief's recommended promotions were approved effective June 2, 2013. ACCEPT AND APPROVE RETIREMENT — BRIAN YOUNG President Cottrell advised that Chief Ronald Teachman has submitted to the Board the Application and Declaration for Retirement for Captain Brian Young effective May 10, 2013. Chief Teachman noted that Captain Young is retiring in good standing after twenty (20) years, five (5) months, and seventeen (17) days. Upon a motion made by Mr. Miller, seconded by Mr. Collins and carried, the retirement was accepted and approved. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH— ARCH 2013 — LARRY SANCHEZ AND K9 BACCA In a letter to the Board, Chief Ronald Teachman stated that Patrolman Larry Sanchez, along with his K9 Bacca, was selected as Employee of the Month for March, 2013. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions REGULAR MEETING MAY 15, 43 noted by supervisors or citizens from both a professional law enforcement position and in support of the community policing efforts with citizens of South Bend. Chief Teachman stated the pursuit and apprehension of a suspect and a gun was exemplary work on the part of the officer and his K -9. Mr. Cottrell stated the Board would accept Chief Teachman's recommendation for Employee of the Month for March 2013, as outlined in his letter. FILING OF QUARTERLY REPORT FOR SPECIALIZED TRAINING — JANUARY FEBRUARY AND MARCH 2013 Captain Dave Hecklinski, Training Division, South Bend Police Department, submitted to the Board a written Quarterly Report for Specialized Training for the period of January, February and March 2013. The report indicated the specialized training attended; the names of the officers who attended; and the costs involved. Chief Teachman stated the Training Bureau continues the number of specialized training courses being presented and hopes to increase the number of ten to fifteen minute roll -call training sessions. He noted they have found these to be very beneficial for training in matters such as search and seize, mobile devices, human trafficking, Police witness's, risk management, and others. There being no questions concerning this report, the Quarterly Report for Specialized Training as submitted was accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2013 Chief Teachman noted that robbery and motor vehicle crimes show an increase in year to date statistics, but other Part 1 crimes are significantly down. One offense not showing that is being tracked, Chief Teachman stated, is assault by firearm. He noted those offenses show a 20% decrease from April 2012 to 2013. Chief Teachman informed the Board that in December 2011, Mr. Robert Mueller, FBI Director, redefined the guidelines for rape reporting. The changes to what is classified as rape include gender neutrality in place of male on female; offenses to include any body part rather than specific listed body areas; and lack of consent by victim, rather than use of force. Chief Teachman noted this will dramatically increase the rape statistics. He added he will include an outline of the definitions in his next month's report. Chief Teachman noted the crime will still be prosecuted based on old Statute. Ms. Beachkofsky stated this will give accurate reporting based on FBI guidelines. Chief Teachman added the Police Department is going back and recalculating statistics for the years of 2012 and 2013 based on the new guidelines.Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of April, 2013, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: UPDATE ON TOWING LIST Ms. Beachkofsky informed the Board that she met with all of the towing companies last Monday and they are becoming increasingly frustrated by the addition of a fifth company to the list of four. They stated they are losing business and it's hurting them financially. Ms. Beachkofsky stated she advised them not to depend on the City for the success of their business, adding it is a privilege to be on the towing list, not an obligation on the part of the City. She also let them know there is a new Police Chief and the last Chief was an interim Chief who did not want to make any decision on the towing issues. Ms. Beachkofsky added that Chief Teachman had an interesting proposal and asked him to present his idea to the Board members. Chief Teachman explained that in New Bedford, MA, where he is from, they had twenty (20) to twenty -five (25) companies on their towing list. He noted it was a nightmare, with nobody happy. He proposed they put the service out to bid and it was awarded to one company. He noted they would have to contract with other towing companies in particularly busy times, but the City always knew where a vehicle was towed when requested by a Police officer. Ms. APRIL APRIL YEAR TO DATE PART I OFFENSES 2012 2013 CHANGE (2012) 2( 0.1.31 CHANGE MURDER 0 0 0 5 2 - 3 RAPE 4 6 + 2 13 15 + 2 ROBBERY 32 41 + 9 76 96 + 20 AGGRAVATED ASSAULT 13 18 + 5 64 42 - 22 BURGLARY RESIDENT 122 84 - 38 388 317 - 71 BURGLARY NON RESIDENT 48 14 - 34 170 57 - 113 LARCENY 238 254 + 16 893 812 - 81 MOTOR VEHICLE THEFT 21 27 + 6 76 95 + 1.9 ARSONS 7 2 - 5 8 7 - 1 GRAND TOTAL 485 446 - 39 1693 1443 - 250 UPDATE ON TOWING LIST Ms. Beachkofsky informed the Board that she met with all of the towing companies last Monday and they are becoming increasingly frustrated by the addition of a fifth company to the list of four. They stated they are losing business and it's hurting them financially. Ms. Beachkofsky stated she advised them not to depend on the City for the success of their business, adding it is a privilege to be on the towing list, not an obligation on the part of the City. She also let them know there is a new Police Chief and the last Chief was an interim Chief who did not want to make any decision on the towing issues. Ms. Beachkofsky added that Chief Teachman had an interesting proposal and asked him to present his idea to the Board members. Chief Teachman explained that in New Bedford, MA, where he is from, they had twenty (20) to twenty -five (25) companies on their towing list. He noted it was a nightmare, with nobody happy. He proposed they put the service out to bid and it was awarded to one company. He noted they would have to contract with other towing companies in particularly busy times, but the City always knew where a vehicle was towed when requested by a Police officer. Ms. REGULAR MEETING MAY 15 2013 44 Beachkofsky stated the Board can look at this idea, but they first need to get a report on the number of tows. She added they would need to look at how to handle this with the City not having a tow lot. Chief Teachman stated he discussed the issue of handling the towing and/or providing a lot with the Director of Central Services and he stated he had prepared such a proposal in the past. Chief Teachman asked him to revisit the idea. Mr. Collins questioned if this would cut down on the City's liability and also if it could be a revenue generator. Ms. Beachkofsky stated she doesn't know that it would create revenue, but if the City had their own impound, they could eliminate their charges. Chief Teachman noted that an improper impound is a potential public relations problem. Ms. Beachkofsky added that they get complaints about the recovery of impounded stolen cars. The owners of the car don't feel they should have to pay hundreds of dollars to recover their stolen vehicles. Chief Teachman noted there are also EPA regulations on the storage lots that are a concern. He stated Central Services has room behind their facility, but they need to review the regulations. FIRE DEPARTMENT ACKNOWLEDGE TOP SIX CANDIDATES FOR CAPTAIN'S PROMOTION PROCESS In a letter to the Board, Fire Chief Stephen Cox requested the Board acknowledge the below individuals listed in order of ranking, as having completed and received the top scores during the recently completed South Bend Fire Department Captain's Promotion Process. Chief Cox informed the Board that these individuals will be presented to the Board in accordance with their ranking during the process as Captain positions become available throughout the next two years. He noted that if, during the next two years all six of these individuals are promoted, additional testing will be completed in order to present the Board with a new list of Firefighters. Upon a motion by Mr. Taylor, seconded by Mr. Collins and carried, the Board accepted the Chiefs recommended Captain's promotion list in order of ranking as follows; 1) David Jester 2) Brandon May 3) Mike Lagodney 4) Darrell Eiler 5) Gerard Ellis 6) Brian Koloszar APPROVE REQUEST FOR LEAVE OF ABSENCE — CHRIS BENNION_ In a letter to the Board, Fire Chief Stephen Cox, stated that Firefighter Chris Bennion requests the Board grant him six (6) months unpaid leave of absence to attend natural gas pipeline emergency training and certification. Chief Cox stated in his letter that the leave would be effective beginning May 15, 2013. In an attached letter from Firefighter Bennion, he stated that the training would provide him and his fellow firefighters, along with the citizens of South Bend, with a much safer working environment, and is the only such training in the South Bend area. President Cottrell noted this was discussed in the Agenda and Executive Sessions and it was determined the Board would approve the unpaid Leave of Absence for educational training beneficial to his employment with the South Bend Fire Department, pending a letter of intent from Firefighter Bennion confirming his intent to return to his employment with the Fire Department after six (6) months. Therefore, upon a motion made by Mr. Taylor, seconded by Mr. Collins and carried, the request for a six (6) month educational leave was approved effective May 15, 2013, subject to the receipt of a letter of intent from the Firefighter as outlined above. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2013 Mr. Cottrell stated if there were no objections, the Board would accent the. fnllmminry rannr# f,,,- +1— month of April for filing as F_ APRIL 2012 $100,535.00 326 Inspections (100 Re- Inspections A summary is as follows: STRUCTURE FIRES Property Damage -- Buildings & Contents INSPECTIONS ire Prevention /Inspection INVESTIGATIONS APRIL 2013 $97,300.00 293 Total Inspections (91 Re- Inspections) REGULAR MEETING MAY 15, 2013 45 (Police /Fire Arson Bureau) 21 15 Investigations Investigations 7 2 Arson Arson ADJOURNMENT There being no further business to come before the Board, Mr, Cottrell declared the meeting adjourned at 10 :02 a.m. BOARD OF PUBLIC SAFETY �attrell, r��esident 7 Laura A. Vasquez, Member ' i( Eddie Miller, lv ember Collins, Member Luther Taylar, Me er ATTEST: Linda M. Mar6n, Cl rk