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Home My WebLink About07/09/08 Board of Public Safety MinutesI aran Legman 97am NOM&AIJ The Board of Public Safety met in the Public Agenda Session at 8:07 a.m. on Wednesday, July (ro 2008 with President Donald Alford and Board Members Juanita Dempsey, Patrick D. Cottrell, Bru J. BonDurant, and Jack Reed present. Also present were Police Chief Darryl Boykins, Fire Chi Howard Buchanon and Board Attorney Thomas Bodnar. I The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. apprehended one (1) rape suspect. Donation - Police Department Chief Boykins informed the Board that the donation from NIKE was the largest single company donation received to date. The value of hundreds of backpacks, tennis shoes, and i ikli W- 1. wo Me I I 101- 1 I V 'Ir 511W WIRUJIMORESIANN Iter .111=1119 N r�� WMMNt� There being no further business to come before the Board, President Alford declared the meeting adjourned at 8:17 a.m. 1:�irida M.Martin% Clerl yu i,PT,ou,mr4 •)r• , PresidOnt W qznli • � �-# EXECUTIVE SESSION JULY 9, 2008 Donald Alford, PrAident ATTEST: ke, —ijy Linda M. Martin, Clerk REGULAR MEETING JULY 9, 2008 The Board of Public Safety met in the regular meeting at 9:15 a.m. on Wednesday, July 9,2008, wi President Donald Alford and Board Members Juanita Dempsey, Bruce J. BonDurant, Patrick Cottrell, and E. Jack Reed present. Also present were Police Chief Darryl Boykins, Fire Chi Howard Buchanon, and Board Attorney Thomas Bodnar. I The meeting was held in the Board of Public Works Meeting Room, 13th Floor, County City Building, South Bend, Indiana. ACCEPT MINUTES OF PREVIOUS MEETINGS President Alford advised that if there were no objections by members of the Board, the minutes of the Public Agenda Session, Executive Session, and Regular meetings of the Board held on June 18, 2008, would be accepted. ADOPT RESOLUTION NO. 46-2008 — A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BENDJNDIANA, MODIFYING ITS LEAVE OF ABSENCE POLICY Upon a motion made by Mr. Cottrell, seconded by Mr. BonDurant and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 46-2008 A RE SOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, MODIFYING ITS LEAVE OF ABSENCE POLICY WHEREAS, the Board of Public Safety of the City of South Bend, Indiana, has since February 26, 1980 a Leave of Absence Policy; and WHEREAS, the General Assembly • the State • Indiana earlier this year modified the criteria under which a Board of Public Safety can and must grant a leave of absence. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Safety of the City of South Bend, Indiana, that: Definitions and Principles 2. MEMBER - shall mean an individual appointed to the Fire or Police Department by the Board of Public Safety and sworn in, but does not include the Police Chief or Fire Chief. 3. ON-DUTY INJURY - is an occurrence which inflicts injury to a member while the individual is performing duties required by his/her position, and which renders the individual unable to perform the duties of his/her primary assignment. 4. OFF-DUTY INJURY - is an occurrence which inflicts harm on a member during the individual's off duty hours and which renders the individual unable op the duties • his/her primary assignment. 5. SPECIAL DUTY - is an existing assignment or a bonafide need for services within the Department as determined by the Chief. It is not a position or activity which is created in order to provide suitable duty for an injured member. 6. DISABILITY - is an impairment that permanently renders a member unable to perform one or more of the essential function of the member's duties, considering reasonable accommodation to the extent required by the Americans With Disabilities Act. It does not include impairments specifically excluded by I.C. 36-8-8-12.3(b). 7. SICKNESS - is a temporary condition caused by disease or accident which renders the member unable to perform the essential job functions of his position in the department. 8. WORKING DAY — If the member is not a firefighter with a twenty-four (24) hour assignment, this means a date assigned to work as part of the member's regular work, schedule. If the member is a firefighter on a twenty-four (24) hour assignment, working day shall mean each calendar day on which he/she works as part of a regular assignment. I.C. 36-8-4-5 regulates the provision of medical coverage and related care for on-duty injuries but does not address medical leave or pay status. REGULAR MEET IN 2. I.C. 3 )6-8-5-2 - regulates leaves of absence for members of the police or fire departments for 1) sickness, 2) disability, 3) sabbatical reasons, • 4) for service in the Indiana General Assembly or in any other elected office. Sabbatical purposes shall relate to an educational endeavor which is specifically job related and will benefit the department. 3. A member injured on or off duty and unable to perform his/her assigned duties may be placed on a leave of absence or receive compensation in an amount determined by the Board up to the full salary of the member. However, a member may not receive any compensation if on leave except to the extent set forth in Section IV of this policy. 4. A member has no right to a leave of absence or similar privilege, whether injured on or off duty, except as set forth in any existing Labor Agreements signed by the Board of Public Safety. A leave of absence is strictly a privilege within the sole discretion of the Board of Public Safety to grant or deny. 5. Leaves of absences may be granted at the discretion of the Board of Public Safety pursuant to the guidelines outlined herein. I The member must submit a written request to the Chief explaining the circumstances which the member feels justifies granting an extended leave of absence. 2. The member must have exhausted all existing available leave, including sick days, vacation days, personal days, and flex time, prior to the commencement date of the requested leave. SIM The Chief shall verify that the available leave has been exhausted and shall also detail for the Board the manner in which allotted sick days had been usei, • the member over the previous two calendar years. 3. If the request is for sabbatical reasons, the Chief shall give an opinion as t# whether the Department will benefit from the educational endeavor. C. If the request is based • medical grounds: injury, the anticipated date of recovery and the severity of the disability (i. what limitations). In the event of • on-duty injury, the City will pay for t i physician's report pursuant to I.C. 36-8-4-5, but the statement will be a t member's own expense if • off-duty injury is involved. I 2. The member MUST submit to an examination by a physician, chosen by the M City, if requested by the Chief. Such a request does not extinguish the member's obligation under the preceding paragraph or the right to be examined by another physician at the member's expense. 3. The written opinion of the physician chosen by the City (if none is chosen by the City, then the written opinion of the physician chosen by the member) shall be the primary source considered by the Board in determining the following: a. The extent/severity of the injury; d. A reasonable schedule for periodic examinations or evaluations. 4. If medical reports indicate that the extent of the injury is such that the member is not able to perform all the duties required of his/her prior position, the following concerns shall be addressed by the Chief in considering whether or not to assign the member to special duty. a. What assignments and/or duties are within the abilityt, b. The availability of special duty within the ability of the member [see Section I(A)(5)]; d. The duration of the special duty available versus the duration of the member's injury. 5. If the member is medically able and will perform special duty for the period of time available, the Chief of the Department has the authority to make a special assignment, provided all criteria in the preceding paragraph are met, 119TIVIST-Iffal MENOM The member must submit written information detailing the scope of the educational endeavor, the institution, the relationship to his/her job and the benefit to the Department. 2. The Board may condition the grant of such leave upon the execution by the member of a promise to indemnify the department for all expenses incurred if a member fails to report back for duty as a full-time employee for a period of sixty (60) days or the length of the sabbatical, whichever is greater, upon completion of the sabbatical. RONNIE OWN I I IFIR11 11111 111 1 111 grant • deny the request in whole or in part and, if the leave of absence granted, provide that it • with full or partial pay • without pay, and up such conditions as the Board feels are just. I 2. The maximum amount of leave the Board may grant for sickness or disability at one time is forty-two (42) calendar days. 4. A total leave of absence shall not exceed one (1) year, unless it involves an on-duty injury or illness with a prognosis for full recovery. 5. Unless expressly stated elsewhere in the Department Promotion Plan, the member on a leave of absence shall be entitled to participate in the promotional process and to earn seniority during the leave. A If the leave of absence is for service with the Indiana General Assembly, then t above time constraints do not apply and a leave of absence shall be while the General Assembly is official session and for all committee meetings, providing a one week's notice of the committ meetings is given to the Department Chief by the members. I & If the leave of absence is for an elected office other than the Indiana General Assembly, the Board has the absolute discretion to grant or refuse the leave of absence. C. A member must submit a written request to the Chief for the leave of absence with the appropriate documentation to support it. IV. Military Leave A. A member of the Indiana National Guard or of any United States milit compone granted a leave of absen*iz&m*c.,v1evi%k.1, in � 4' U active duty pursuant to I.C. 10-16-7-7. Compensation to the member shall be in accordance wi Section 2-117 of the South Bend Municipal Code. B. A member who is part of the Indiana National Guard or of any United States Military component is entitled to a leave of absence without loss of pay for a period that does not exceed fifteen (15) days in any calendar year. C. A member must submit a written request to the Chief for the leave of absence with the appropriate documentation to support it. D If a member has completed his/her probation year and if a spouse, parent, be grandpare 'I or sibling of the member has en ordered to active dut-*nqi=-.zTi*r%iK-L--M leave pursuant to I.C. 22-2-13 up to ten (10) regular working days per calendar year. This leave absence must occur during one of the following periods: ,I , I � I'll, I'll • I- 2. Period when the relative is on leave while active duty orders are in effect; (M 3. During the thirty (30) days after the active duty orders of the relative are terminated M REGULAR MEETING . ULY 9, 2008 re the date on which inwritingtotheUtiefbefo U, for e memDer nas Tin 'T aca Li #11 Vcrgludf Val-S_911 ..... C7,-fl -5TTCT=IF-C�7 the leave. If these procedures have been followed, the leave of absence shall be granted. A. Any member on leave for medical reasons must submit to periodic medical examinations at the request of the Board or the Chief of his/her department. B. Any member requesting a leave of absence for medical reasons under this policy must sign a form authorizing his/her treating physician(s) and health care provider(s) to release medical information to the City. C. If, after a leave of absence has been granted, the Chief advises the Board that the member has not complied with the department's Return to Duty Policy, the Board may reconsider and alter the pay or leave status of the member. D. While on a leave of absence the conduct of the member is expected to meet the standards for off-duty conduct for a sworn member of his/he I IN c,/Donald Alford, President s/Juanita Dempsey, Member s/Patrick Cottrell, Member s/Bruce J. BonDurant, Member s/E. Jack Reed, Member ATTEST: s/Linda M. Martin, Clerk ACCEPT AND APPROVE PROMOTION LIST - Kevin Brown APPROVE RECOMMENDATION FOR EMPLOYEE OF THE MONTH - FOR THE MONT OF FEBRUARY THROUGH MAY, 2008 Chief Boykins stated that the following officers were selected as an Employee of the Month. REGULAR MEETING JULY 9, 2008 Patrolman David Klein February 2008 Patrolman Anthony Dawson March 2008 Corporal Terrance Santa April 2008 Sergeant Eugene Eyster and Sergeant Ronald Nowicki May 2008 The award is to recognize officers, civilian employees, on the South Bend Police Department who position and in support of the community policing efforts with citizens of South Bend. There being no further discussion, the Employee of the Month report was accepted for filing. MS 07 W-ac-&pac s, V'011111S SnOeS an(I t-slurts to IT given to the participants ot-the Summer'l ennis Program. There being no further discussion, the donation was accepted and filed. ADJOURNMENT There being no further business to come before the Board, President Alford declared the meeting adjourned at 9:24 a.m. Donald Alford, Pr dent Bruce J. BonDurant, Member 5, L' ` JackRebd, Member ATTEST: Vinda M. Martin, C,,'Ierk