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HomeMy WebLinkAbout06/19/13 Board of Public Safety Meeting MinutesPUBLIC AGENDA SESSION JUNE 19, 2013 47 The Board of Public Safety met in the Public Agenda Session at 8:12 a.m. on Wednesday, June 19, 2013, with Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor present. Also present were Police Chief Ronald Teachman, Fire Chief Stephen Cox, and Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13`h Floor County City Building, South Bend, Indiana. Board members discussed the following items from the agenda: - Monthly Statistical Analysis — May, 2013 Police Chief Ronald Teachman noted that with the redefinition of the guidelines for classifying rape, they are seeing an increase in the statistics. He stated they are still going back to January reviewing the reports and so far the total increase in statistics has gone from 15% down from last year to 13% down, - Letter to the Board Regarding Towing Fees Ms. Beachkofsky stated she let all of the towing companies know that Patti's Towing had sent a letter to the Board regarding the Towing Resolution. She stated she informed them the Board would review the letter, but not make any decision at today's meeting, and that they were all welcome to attend. Ms. Beachkofsky asked that the agenda reflect 8A, as review of the letter regarding the Resolution and 8B. be added for a Towing Statistics report to be presented by the Police Department. - Set Hearing — Charges No. 2013 -01 — Theodore Robert Ms. Beachkofsky requested that Item No. 3 on the agenda be modified to 3A. Set Hearing Date and 3B. Release Subpoenas. - Request to Remove Board -Up Contractor's from Emergency Board -Up List Ms. Beachkofsky stated the Resolution regarding the Board -Up List states a contractor can be removed immediately by the Board when in violation of the rules of the Resolution, but in the past the Board has allowed the contractor to speak to them in their defense before taking action. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:19 a.m. BOARD OF PUBLIC SAFETY Patrick D. Cottrell, President Laura A. Vasquez, Member Eddie Miller, Member John C lins, Member Luther Taylor, Me r ATTEST: L' da M .Martin, lerk + POLICE SELECTION PANEL JUNE 19, 2013 The Police Selection Panel met at 8:23 a.m. on Wednesday, June 19, 2013 in the Engineering Conference Room, 13'h Floor County City Building, South Bend, Indiana, for the purpose of formulating a recommendation to be submitted to the Board of Public Safety. Board President Patrick Cottrell, Attorney Andrea Beachkofsky, and Police Chief Ronald Teachman were present. Upon a motion by Ms. Beachkofsky, seconded by Mr. Cottrell and carried, the recommendation from PUBLIC AGENDA SESSION JUNE 19, 2013 48 Police Chief Teachman to appoint Anuar Fernando Valazquez, Andrew Thomas Jackson, Ricardo Ramirez - Juarez, Calon Eugene Naragon, and Jarveair Montrel Bourn to the South Bend Police Department as probationary employees, was accepted. The Police Selection Panel adjourned at 8 :32 a.m. ATTEST: nda M. Martin, C erk EXECUTIVE SESSION BOARD OF PUBLIC SAFETY Patrick D. Cottrell, President Laura A. Vasquez, Member Eddie Miller, Member Jo ollins, Member ~ Luther Taylor, Mem JUNE 19, 2013 The Board of Public Safety met in the Executive Session on Wednesday, June 19, 2013, at 8:3 8 a.m. The meeting was held in the Board of Works Conference Room, 13th Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(6)(A)(7) regarding disciplinary action and confidential records. Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins, and Luther Taylor were present. Also present were Attorney Andrea Beachkofsky and Mayor's Chief of Staff Kathryn Roos. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:00 a.m. BOARD OF PUBLIC SAFETY Patrick D. CottreI , President Laura A. Vasquez, Member Eddie Miller, Member Jo ollins, Member Luther Taylor, Memb r i, d M. Martin, Jerk REGULAR MEETING JUNE 19, 2013 49 The Board of Public Safety met in the Regular Meeting at 9:18 a.m. on Wednesday, June 19, 2013, with Board President Patrick D. Cottrell, and Board Members Laura Vasquez, Eddie Miller, John Collins and Luther Taylor present. Also present were Police Chief Ronald Teachman, Fire Chief Stephen Cox, and Attorney Andrea Beachkofsky. The meeting was held in the Board of Public Works Meeting Room, 13th Floor County City Building, South Bend, Indiana. ADDITIONS TO THE AGENDA Mr. Cottrell stated the Board would add Item A and B under the Police Department section, Item No. 3. He noted that 3A would be setting the Hearing of Charges No. 2013 -01, Theodore Robert, and 3B would be approving the release of subpoenas for four (4) officers. He stated under Item No. S in the Police Department section, the Board would add letter A for the letter to the Board regarding the Towing Resolution and B for setting a Special Meeting to address the Towing issue. FIRE DEPARTMENT APPROVE PROMOTION TO THE RANK OF CAPTAIN IN SPECIAL ASSIGNMENT — DAVID JESTER President Cottrell stated he would move two agenda items up to accommodate the Mayor and the public in attendance today. In a letter to the Board, Fire Chief Stephen Cox stated that the South. Bend Fire Department has a vacancy for a Captain in the Fire Suppression Division. In accordance with the promotion policy established by the South Bend Fire Department and Local 362, Chief Cox recommended that David Jester be promoted to the rank of Captain in Special Assignment effective June 19, 2013, for a probationary period of one year. In his letter, Chief Cox stated that Firefighter Jester was appointed to the South Bend Fire Department on June 1, 2001 and has proven his leadership skills and ability in fire suppression. Mayor Pete Buttigieg congratulated Captain Jester on his promotion and expressed the importance of his position as a representative of the City and its citizens. Mayor Buttigieg acknowledged Captain Jester's family and thanked them for their support in his career. Upon a motion made by Mr. Taylor, seconded by Mr. Miller and carried, the Chief's recommendation was accepted and the promotion approved as outlined above. Mayor Buttigieg pinned Captain Jester's badge on him and the Board joined the Chief and Mayor in congratulating him. POLICE DEPARTMENT ACCEPT AND APPROVE RECOMMENDATION OF POLICE SELECTION PANEL Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the recommendation of Police Chief Ronald Teachman and the Police Selection Panel that Anuar Fernando Valazquez, Andrew Thomas Jackson, Ricardo Ramirez - Juarez, Calon Eugene Naragon, and Jarveair Montrel Bourn be accepted for employment as probationary police officers with the South. Bend Police Department effective July 1, 2013 was accepted and approved. SWEARING IN OF POLICE OFFICERS - Anuar Fernando Valazquez - Andrew Thomas Jackson - Ricardo Ramirez - Juarez - Calon Eugene Naragon - Jarveair Montrel Bourn Mr. John Voorde, City Clerk, was present and administered the Oath of Office for the swearing -in of the above officers. Mayor Pete Buttigieg stated they and their families now hold office. He noted their life on the Department depends on what they do; not just their actions, but how they carry themselves every day. He noted the legitimacy of the Police Department earns trust and commands respect; the way you carry yourself and do your duty reflects on the Police Department and the City. Mayor Buttigieg thanked the families for their support of the officers and stated that they too will be serving the citizens of South Bend as families offering support to the officers. Mayor Buttigieg noted they made it through a rigorous process. Police Chief Ronald Teachman stated these five (5) new officers are the top of a group of ninety (90) applicants that went through a vigorous application process. He noted they are a diverse group that comes from a diverse educational background, and volunteers in the community. Chief Teachman noted that two of the officers are already certified by REGULAR MEETING JUNE 19 2013 50 the State of Indiana and will begin Filed Training after a week of classes. The other three, he stated, will be attending the Indiana Law Enforcement Academy for several months. The Board of Safety and the Mayor joined Chief Teachman in congratulating the newly sworn -in officers and wishing them well in their endeavors with the South Bend Police Department. Mayor Buttigieg invited the newly sworn -in officers and their families to join him in his office for refreshments. ACCEPT MINUTES OF PREVIOUS MEETINGS Mr. Cottrell stated unless there were any corrections, the Board would accept the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of the Board held on May 15, 2013, and the Special Meeting of June 6, 2012 as presented. POLICE DEPARTMENT SET HEARING OF CHARGES NO. 2013 -01 — THEODORE ROBERT — RELEASE OF SUBPOENAS President Cottrell stated the Board needed to set a date to continue the hearing of Charges No. 2013- 01, Theodore Robert, and release subpoenas for Officer James Dennin, Lieutenant Marcus Wright, Captain Terry Young, and Lieutenant Joseph Galea, per Attorney Douglas Grime's request. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board set the Hearing of Charges No. 2013 -01, Theodore Robert, for July 16, 2013, at 8:00 a.m. at the South Bend Police Stations, 701 W. Sample St., South Bend, Indiana and approved the release of the subpoenas for the four (4) individuals listed above. ACCEPT AND APPROVE RESIGNATION — DOMINIC HALL In a letter to the Board, Police Chief Ronald Teachman advised he is in receipt of a letter of resignation from Patrolman Dominic Hall in which he tenders his resignation from the South Bend Police Department, effective May 14, 2013. Chief Teachman stated in his letter, that Patrolman Hall was sworn on the South Bend Police Department on September 1, 2004. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the resignation was accepted and approved. ACCEPT AND APPROVE RESIGNATION — ALEXANDER GUTIERREZ In a letter to the Board, Police Chief Ronald Teachman advised he is in receipt of a letter of resignation from Patrolman Alexander Gutierrez in which he tenders his resignation from the South Bend Police Department, effective June 6, 2013. Chief Teachman stated in his letter, that Patrolman Gutierrez was sworn on the South Bend Police Department on August 11, 2008. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the resignation was accepted and approved. APPROVE 2013 U.S. DEPARTMENT OF JUSTICE JUSTICE ASSISTANCE GRANT Lieutenant Chris Voros stated this Edward Byrne Justice Assistance Grant will be split between the St. Joseph County Police Department and the South Bend Police Department. The total amount of the grant is $91,931.00; South Bend will receive $73,544.00 and the County will receive the remaining $18,387.00. He stated the grant provides funding for law enforcement and is allocated based on Part 1 Crime Statistics. Lt. Voros stated the Police Department is proposing to use the funds for three (3) automatic license plate recognizers and software. He explained the cameras will be mounted on one (1) car for each shift. They automatically read license plates and match them with data that provides records such as stolen vehicle identification. Lt. Voros stated this technology is essential for the recovery and reduction of vehicle thefts. As part of the grant requirements, Lt. Voros stated, the City is required to have a public review process, which is the reason for the item being placed on today's Board agenda. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the grant application was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MAY 2013 Chief Ronald Teachman stated that Part 1 Crimes continue to decline, with a 13% decline overall. He noted an increase in robbery, rape, and motor vehicle theft. Chief Teachman added that rape is up due to the redefinition of rape in January by the FBI. Chief Teachman stated he hopes the new technology being purchased with the Justice Assistance Grant will help reduce motor vehicle theft. Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of May, 2013, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: REGULAR MEETING JUNE 19, 2013 51 APPROVE RECOMMENDATION FOR EMPLOYEE OF THE MONTH -- APRIL 2013 — ANDREW HINES Police Chief Ronald Teachman stated that Patrolman Andrew Hines was selected as Employee of the Month for April, 2013. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions 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 noted Officer Hines was dispatched to a home regarding a young boy in full cardiac arrest with no pulse. Officer Hines performed CPR until paramedics arrived. Paramedics reported that due to Officer Hine's reporting of the incident and CPR performed, this boy's life was saved. There being no further discussion, the recommendation of the Chief was accepted for filing. ACCEPT LETTER TO THE BOARD REGARDING RESOLUTION NO 88- 2011 -- ESTABLISHING FEES FOR TOWING COMPANIES CONTRACTING WITH THE SOUTH BEND POLICE DEPARTMENT AND APPROVE SPECIAL MEETING In a letter to the Board, Ms. Patti Scott, Patti's Towing, asked the Board to amend Sections 4 and 7 of Resolution No. 88 -2011, requiring the towing companies to be open nine (9) hours daily, Monday through Friday, and three (3) hours on Saturday to a lesser amount to ease the financial hardship of decreased income due to the Amendment change dated May 29, 2012. Ms. Diana Scott, Director of Communications, Police Department, presented the Board with towing statistics showing a comparison of 2011 versus 2012. She noted the number of refusals has declined for all companies. She stated this is due in part to her and Ms. Beachkofsky reviewing the Towing Resolution and sitting down with the Towing Companies to discuss refusals, language, and response time. She stated they did a study to clarify average response time and as a result, increased the requirement from twenty (20) minutes to thirty (30) minutes. She noted they take into consideration the weather and other factors. Ms. Scott stated that impounds are also down due to educating of officers. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board accepted the letter from Ms. Patti Scott for filing, and approved setting a Special Meeting to address the Towing issues. The Board set June 24, 2013, at 8:00 a.m., in the 13t" Floor Boardroom, County -City Building, for the Special Meeting TABLE DISCUSSION REGARDING COMMON COUNCIL LETTER President Cottrell read a letter to the Board from Common Council President Derek Dieter, dated May 30, 2013, regarding accusations by Mr. Greg Brown at the previous night's Common Council Meeting during the Privilege of the Floor, against Police Chief Ronald Teachman and his lack of action at an altercation at the Martin Luther King Center. President Cottrell stated the Board discussed this during their Executive Session and agreed to table the issue and schedule a Special Meeting to make a decision regarding the complaint. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board tabled the above agenda item and approved the setting of a Special Meeting to discuss the issue and make a determination. FIRE DEPARTMENT ACCEPT AND FILE LETTER AND APPROVE EDUCATIONAL SABBATICAL — CHRIS BENNION At their previous Regular Meeting of May 15, 2013, the Board of Safety approved an educational sabbatical for Firefighter Chris Bennion, subject to receipt of a letter confirming his intent to return MAY MAY YEAR TO DATE PART 1 OFFENSES 2012 2013 CHANGE (11) LU2 CHANGE MURDER 2 0 - 2 7 2 - 5 RAPE 6 14 + 8 19 29 + 10 ROBBERY 28 33 + 5 104 129 + 25 AGGRAVATED ASSAULT 26 14 - 12 90 56 - 34 BURGLARY RESIDENT 105 84 - 21 493 401 - 92 BURGLARY NON RESIDENT 33 26 - 7 203 83 - 120 LARCENY 270 289 + 10 1163 1092 - 71 MOTOR VEHICLE THEFT 41 24 - 17 117 119 + 2 ARSONS 5 4 - 1 13 11 - 2 GRAND TOTAL 516 479 - 37 2209 1922 - 287 APPROVE RECOMMENDATION FOR EMPLOYEE OF THE MONTH -- APRIL 2013 — ANDREW HINES Police Chief Ronald Teachman stated that Patrolman Andrew Hines was selected as Employee of the Month for April, 2013. The award is to recognize officers, civilian employees, on the South Bend Police Department who have demonstrated actions 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 noted Officer Hines was dispatched to a home regarding a young boy in full cardiac arrest with no pulse. Officer Hines performed CPR until paramedics arrived. Paramedics reported that due to Officer Hine's reporting of the incident and CPR performed, this boy's life was saved. There being no further discussion, the recommendation of the Chief was accepted for filing. ACCEPT LETTER TO THE BOARD REGARDING RESOLUTION NO 88- 2011 -- ESTABLISHING FEES FOR TOWING COMPANIES CONTRACTING WITH THE SOUTH BEND POLICE DEPARTMENT AND APPROVE SPECIAL MEETING In a letter to the Board, Ms. Patti Scott, Patti's Towing, asked the Board to amend Sections 4 and 7 of Resolution No. 88 -2011, requiring the towing companies to be open nine (9) hours daily, Monday through Friday, and three (3) hours on Saturday to a lesser amount to ease the financial hardship of decreased income due to the Amendment change dated May 29, 2012. Ms. Diana Scott, Director of Communications, Police Department, presented the Board with towing statistics showing a comparison of 2011 versus 2012. She noted the number of refusals has declined for all companies. She stated this is due in part to her and Ms. Beachkofsky reviewing the Towing Resolution and sitting down with the Towing Companies to discuss refusals, language, and response time. She stated they did a study to clarify average response time and as a result, increased the requirement from twenty (20) minutes to thirty (30) minutes. She noted they take into consideration the weather and other factors. Ms. Scott stated that impounds are also down due to educating of officers. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board accepted the letter from Ms. Patti Scott for filing, and approved setting a Special Meeting to address the Towing issues. The Board set June 24, 2013, at 8:00 a.m., in the 13t" Floor Boardroom, County -City Building, for the Special Meeting TABLE DISCUSSION REGARDING COMMON COUNCIL LETTER President Cottrell read a letter to the Board from Common Council President Derek Dieter, dated May 30, 2013, regarding accusations by Mr. Greg Brown at the previous night's Common Council Meeting during the Privilege of the Floor, against Police Chief Ronald Teachman and his lack of action at an altercation at the Martin Luther King Center. President Cottrell stated the Board discussed this during their Executive Session and agreed to table the issue and schedule a Special Meeting to make a decision regarding the complaint. Therefore, upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the Board tabled the above agenda item and approved the setting of a Special Meeting to discuss the issue and make a determination. FIRE DEPARTMENT ACCEPT AND FILE LETTER AND APPROVE EDUCATIONAL SABBATICAL — CHRIS BENNION At their previous Regular Meeting of May 15, 2013, the Board of Safety approved an educational sabbatical for Firefighter Chris Bennion, subject to receipt of a letter confirming his intent to return REGULAR MEETING TUNE 19, 2013 52 to the South Bend Fire Department as an employee, after completing his sabbatical. In a letter to Fire Chief Stephen Cox, dated June 1, 2013, Firefighter Chris Bennion, confirmed his intent to return to the South Bend Fire Department once his educational sabbatical is over. Upon a motion by Mr. Taylor, seconded by Mr. Collins and carried, the Board accepted the letter for filing, and confirmed their previously approved unpaid sabbatical with Firefighter Bennion's intent to return to the Fire Department at the end of the sabbatical. APPROVE REQUEST TO REMOVE BOARD -UP CONTRACTORS FROM EMERGENCY BOARD -UP LIST — TOWNE FIRE AND WATER AND SERVICE MASTER Fire Chief Stephen Cox submitted two letters to the Board informing Towne Fire and Water, and Service Master that due to their failure to respond to emergency Board -ups, after being notified by the South Bend Fire Department, he was requesting the Board's approval to remove these companies from the Board -Up list. Chief Cox stated he read the Resolution regarding Board -Up Companies and the section regarding the removal process. He noted the Resolution allows for removal of a company that fails to respond to three (3) or more calls. Chief cox noted both companies are in violation of this section and it is a big problem for the Fire Department. He stated after a fire, the Fire Department must remain at the scene until the property has been secured. When the companies fail to respond, it keeps that Fire station out of service for an extended period of time, delaying response time at other emergencies. Chief Cox noted that Service Master's statistics show their refusal rate at 50 %. Upon a motion by Mr. Taylor, seconded by Mr. Miller and carried, the Board approved the Chief to send certified letters to Towne Fire and Water, and Service Master, notifying them they would be removed from the Board -Up list, unless they appeal the decision with the Clerk of the Board of Safety in writing within ten (10) days after the mailing of the certified letter of notification to them. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — MAY 2013 Fire Chief Stephen Cox submitted to the Board the Monthly Report for the month of May, 2013 compiled by the PreventionAnspection Bureau of the Fire Department. Chief Cox noted there is a small decline in all numbers, except fires which shows a large decrease. Chief Cox stated that is due to a large commercial fire last year at Hurwich Apartments, Mr. Cottrell stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: May May 2012 2013 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $214,996.00 $42,901.00 INSPECTIONS (Fire Prevention /Inspection Bureau) 318 Inspections 308 Inspections 126 Re- Inspections 89 Re- Inspections INVESTIGATIONS (Police /Fire Arson Bureau) 19 14 Investigations Investigations 4 4 Arson Arson PRIVILEGE OF THE FLOOR Mr. Mario Sims, Mr. Greg Brown, and Mr. Jessie Davis spoke regarding the alleged actions of Police Chief Ronald Teachman, and additional complaints regarding this issue, and requested the Board do their own investigation and give a response to the community. Ms. Beachkofsky requested if they have additional complaints, they submit them to the Board so they can review them. She noted the incidents they were talking about are cases currently under investigation, and therefore not for public discussion. Police Chief Ronald Teachman confirmed that his department is currently coordinating their investigation with the Legal Department. Ms. Beachkofsky stated she would follow -up and give the Board of Safety an update on the status at their next Regular Meeting. Mr. Todd Stuhl, Bestway Towing, requested the Board get the issues resolved with the Towing Resolution, stating it has been going on too long. ADJOURNMENT REGULAR MEETING JUNE 19, 2013 53 There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 10:40 a.m. BOARD OF PUBLIC SAFETY atrick D. Cottrell, resr ent Laura A. Vasquez, Member Eddie Miller, Member Johq o Tins, Member Luther Taylor, MetrVer ATTEST: nda M. Martin, C erk