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HomeMy WebLinkAbout09/18/13 Board of Public Safety Meeting MinutesPUBLIC AGENDA SESSION SEPTEMBER 18. 2013 72 The Board of Public Safety met in the Public Agenda Session at 8:05 a.m. on Wednesday, September 18, 2013, in the 13th Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Patrick Cottrell and Board Members John Collins, Luther Taylor, Eddie Miller and Laura Vasquez present. Also present was Attorney Cory Hamel, and Fire Chief Stephen Cox. Attorney Cory Hamel requested the Board begin the meeting without Chief Teachman, and start with the Fire Department. He stated the Chief was running a little late and should arrive by the time they get to the discussion of the Police Department. Police Chief Ronald Teachman joined the meeting in progress at 8:15 a.m. Board members discussed the following agenda items: - Promotion to Captain in Special Assignment — Fire Department Chief Cox stated Firefighter Brandon May has been assigned to Rescue 1, Engine 10, and Engine 4. He noted Firefighter May did a phenomenal job on his testing for the Fire Department and placed No. 2 on the list. The Chief stated that several years ago Firefighter May was recognized and given an award forjumping in the river and rescuing an individual that fell in. He noted Firefighter May was riding his bike and saw the accident and jumped in with no rescue equipment. - Request for Extension of Leave of Absence — Fire Department Chief Cox stated Firefighter Chris Bennion contacted him earlier this month and let him know he was still working on the pipeline the City had previously approved for him to take a Leave of Absence for. He let the Chief know he has an opportunity to receive additional accreditation if he can earn an additional 2,000 hours. He requested the Chief grant him an additional six (6) months Leave of Absence. Chief Cox stated he looked at Indiana Code and it allowed for one additional extension of an approved Leave of Absence. The Chief stated Firefighter Bennion has assured him that his intent is to return to the Fire Department and he is maintaining all of his necessary accreditation. He noted he also feels that the training Firefighter Bennion is receiving will be an asset to the Fire Department. Chief Cox stated Firefighter Bennion will be the City's expert on natural gas emergencies. - General Order — Take Home Vehicle Policy — Police Department Lieutenant Robert Lanchsweerdt stated he was asked to present information regarding the Take Home Vehicle Policy to the Board by the Chief of Police. He stated he is responsible for updates to the Duty Manual, and policy training updates and development. He stated he has a copy of the Indiana Statute regarding Child Restraint for the Board member's review. He noted his concern with superseding State law if the Board's proposed changes to the policy are adopted. Lieutenant Lanchsweerdt stated it would create higher liability for the Police Department, noting that officers are not trained in child seat installation and Police cars have cages in the back that would make the placement of car seats difficult and uncomfortable for a child in the car seat. He added that the time to return to the Police station to obtain a child car seat would increase the transport time of a child immensely. Another concern, he stated, is placing an already traumatized child in a back seat cage used for criminals, versus riding up front with the officer so he can calm their fears. Mr. Collins suggested that maybe the policy should distinguish between marked and unmarked cars, noting that unmarked vehicles don't have cages in the back seat. Mr. Cottrell questioned how often children are transported. Lieutenant Lanchsweerdt stated there are no statistics kept on this but it is not very often. - Police Selection Panel Attorney Hamel stated he and the Police Chief discussed why the Board has a Police Selection Panel. He noted it is not a requirement of State law and this is the first city he has seen use this. He added the Board can make their own policy and if they want to continue with this, that is their option, but there is no requirement for them to have a Police Selection Panel. Chief Teachman explained that Patrolman Alexander Gutierrez resigned from the Police Department in 2013, and is now requesting to return. He noted the Indiana Public Retirement System has sent paperwork confirming his eligibility to return to the department. - Application and Declaration for Retirement — Police Department Chief Teachman stated Patrolman Delmar Vohs has an opportunity to join the Notre Dame Police Department and with children attending the university, he has decided to take advantage of the opportunity. - City Towing Resolution Attorney Cory Hamel informed the Board that he prepared a memo with the intent to clarify all of the misunderstandings regarding the towing resolution. He noted that basically the only action the Board of Safety can take is to hear appeals from towing companies when they are removed from the list by PUBLIC AGENDA SESSION SEPTEMBER 18, 2013 73 the Chief of Police. Mr. Hamel noted the changes made to the Towing Resolution recently never actually changed the resolution. He stated the Board of Works approved the Amendment to the Resolution submitted by the former Board of Safety Attorney, subject to the final document. Mr. Hamel stated the final document was never submitted, but even if it had been, the Amendment was requested and approved for a period of only three (3) months. Mr. Hamel added that ultimately, changes to the Resolution go through the Board of Works. Mr. Hamel stated that the resolution sets one (1) slot for every 1,200 tows per year. He noted that last year there were only approximately 2,100 total tows; however the resolution does not allow for the removal of any towing companies if the number of tows is too low to meet the 1,200 per company requirement. Mr. Hamel stated he has created a Notice to each towing company in violation of the requirement for response to calls so they know they are in violation. He noted it is up to the Chief to remove a company in violation, but at least if they receive a notice prior to that happening, they are aware of the situation. Mr. Hamel stated in the past they have not been given any notice of their violation. ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 8:40 a.m. BOARD OF PUBLIC SAFETY Patri D. Cottrell, Member Laura A. Vasquez, Memb n r Eddie Miller, Membe, f J Collins, Member Luther Taylor, Mem ATTEST: Ji M .Martin, Clerk POLICE SELECTION PANEL SEPTEMBER 18, 2013 The Police Selection Panel met at 8:40 a.m. on Wednesday, September 18, 2013 in the Board of Public Works Meeting Room, 13h Floor, County City Building, South Bend, Indiana, for the purpose of formulating a recommendation to be made to the Board of Public Safety. Present were Police Chief Ronald Teachman, Board Attorney Cory Hamel, and Board President Patrick Cottrell. Upon a motion by Mr. Hamel, seconded by Mr. Cottrell and carried, the recommendation from Police Chief Teachman to appoint Alexander Gutierrez to the South Bend Police Department as a probationary employee for a period of one (1) year was approved. The Police Selection Panel adjourned at 8:42 a.m. BOARD OF PUBLIC SAFETY Patricl -D. Cottrell, Member Z( -14 Laura Vasquez, Membe POLICE SELECTION PANEL Eddie Miller, SEPTEMBER 18. 2013 74 Collins, Member Luther Taylor, T EST: i da M. Martin, Clerk EXECUTIVE SESSION SEPTEMBER 18. 2013 The Board of Public Safety met in the Executive Session on Wednesday, September 18, 2013 at 8:43 a.m. The meeting was held in the Board Conference Room, 13 "' Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 5- 14- 1.5- 6.1(b)(6)(A) regarding disciplinary action. Board President Patrick Cottrell and Board Members John Collins, Luther Taylor, Laura Vasquez and Eddie Miller were present. Also present were Fire Chief Stephen Cox, Police Chief Ronald Teachman, and Attorney Cory Hamel. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 9:10 a.m. BOARD OF PUBLIC SAFETY Patricl Cottrell, Member Laura Vasquez, Mem Eddie Miller, Member Member Luther Taylor, ;PEST: C< inda M. Martin, Clerk REGULAR MEETING SEPTEMBER 18 2013 The Board of Public Safety met in the Regular Meeting at 9:14 a.m. on Wednesday, September 18, 2013, with Board President Patrick Cottrell and Board Members John Collins, Luther Taylor, Laura Vasquez and Eddie Miller present. Also present were Police Chief Ronald Teachman, Fire Chief Stephen Cox, and Attorney Cory Hamel. The meeting was held in the Board Conference Room, 13th Floor, County City Building, South Bend, Indiana. FIRE DEPARTMENT REGULAR MEETING SEPTEMBER 18, 2013 75 APPROVE PROMOTION IN SPECIAL ASSIGNMENT — BRANDON MAY In a letter to the Board, Fire Chief Stephen Cox recommended that Firefighter First Class Brandon May be promoted to the rank of Captain in Special Assignment for one year on a probationary status, effective September 18, 2013. Chief Cox stated in his letter that Firefighter May was appointed to the Fire Department on March 16, 1994 and has proven his leadership skills and ability in fire suppression activities, and is respected by his fellow firefighters and recommended by his Battalion Chief. Therefore, upon a motion made by Mr. Taylor, seconded by Mr. Miller and carried, the Chief s recommended promotion was approved effective September 18, 2013. Chief Cox informed those present that Firefighter May received an award several years ago for saving the life of someone that jumped in the river. Chief Cox noted Firefighter May jumped in the river with no rescue equipment when he was off duty and rescued the victim. Mayor Pete Buttigieg stated every firefighter is a representative for the City. He thanked Firefighter May and invited him and his family, along with Mr. Voorde and Councilman Davis, up to his office for pictures after the ceremony. Mayor Buttigieg pinned Firefighter May's badge on him and congratulated him. Councilman Oliver Davis congratulated him on behalf of the Council and wished him good luck POLICE DEPARTMENT APPROVE POLICE SELECTION PANEL RECOMMENDATION Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the recommendation from the Police Selection Panel to approve Chief Teachman's recommendation to hire Alexander Gutierrez was accepted and approved. Chief Teachman noted that Patrolman I" Class Gutierrez resigned from the Police Department on June 6, 2013, in good standing and has now asked to return. SWEARING IN OF POLICE OFFICER - Alexander Gutierrez In a letter to the Board, Police Chief Ronald Teachman recommended that Alexander Gutierrez be accepted for employment with the South Bend Police Department effective September 18, 2013, noting he has met the requirements of the application process of the South Bend Police Department. Chief Teachman noted that Patrolman Gutierrez will complete the Veteran Officer's Training and resume his previous duties of Patrolman I't Class. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the recommendation was approved. Mr. John Voorde, City Clerk, was present and administered the Oath of Office to Patrolman Gutierrez. Councilman Oliver Davis welcomed him back and congratulated him on behalf of the Council. Mayor Pete Buttigieg presented him with his badge and welcomed him back. The Board wished him well in his endeavors with the South Bend Police Department ACCEPT MINUTES OF PREVIOUS MEETINGS 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 August 21, 2013, and the Special Executive Session Meeting of September 9, 2013 as presented. POLICE DEPARTMENT APPROVE FINDINGS OF FACT — CHARGES NO. 2013 -03 — PATRICIA BYRD On January 28, 2013, former Police Chief Charles Hurley filed disciplinary Charges against South Bend Police Officer Patricia Byrd, pursuant to I.C. 36- 8 -3 -4. Subsequently, the Board held a Hearing of the Charges on May 10, 2013. The Board is now presenting its Findings of Fact regarding the Charges, for approval. President Cottrell read the Findings of Fact. Upon a motion by Ms. Vasquez., seconded by Mr. Miller and carried, the Findings of Fact were approved and the Board of Public Safety found that for her actions, Officer Patricia Byrd shall be suspended from the South Bend Police Department for fifteen (15) consecutive calendar days without pay, beginning September 19, 2013. APPROVE PERMANENT PROMOTION — JAMES MAXEY In a letter to the Board, Police Chief Ron Teachman recommended that Sergeant James Maxey be promoted permanently to the rank of Sergeant, no longer in special assignment, effective September 19, 2013. Chief Teachman stated in his letter that Sergeant Maxey was placed in special assignment as Sergeant on September 19, 2012. This special assignment required several evaluations to be completed for one year to note the progress he was making as a supervisor. Therefore, upon a motion REGULAR MEETING SEPTEMBER 18, 2013 76 made by Ms. Vasquez, seconded by Mr. Miller and carried, the Chief s recommended permanent promotion was approved effective September 19, 2013. ACCEPT AND APPROVE RETIREMENT — DELMAR J VOHS President Cottrell advised that Police Chief Ronald Teachman has submitted to the Board the Application and Declaration for Retirement for Patrolman Delmar J. Vohs effective September 20, 2013. Chief Teachman noted that he has served the Department with loyalty and distinction during the last twenty (20) years, eight (8) months, and thirty (30) days. Chief Teachman joined the Board in thanking him for his years of service with the South Bend Police Department and the citizens of South Bend, and wishing him success in his new endeavors. Upon a motion made by Ms. Vasquez, seconded by Mr. Collins and carried, the application for retirement was accepted and approved. ACCEPT AND APPROVE RESIGNATION — TEDARIO DUES In a letter to the Board, Police Chief Ronald Teachman advised he is in receipt of a letter of resignation from Patrolman Tedario Dues in which he tenders his resignation from the South Bend Police Department, effective August 29, 2013. Chief Teachman stated in his letter, that Patrolman Dues was sworn on the South Bend Police Department on November 14, 2012. Upon a motion made by Ms. Vasquez seconded by Mr. Collins and carried, the resignation was accepted and approved. DISCUSSION REGARDING CITY TOWING LIST Mr. Cottrell read a Memorandum to the Board from Attorney Cory Hamel clarifying the towing resolution. Mr. Hamel stated he prepared the letter in an attempt to clear up confusion on the part of the Board members and the towing companies. He stated he has extra copies for anyone present that would like one, and will answer any questions after the meeting. The Board accepted the Memorandum for filing. TABLE NEW GENERAL ORDERS REGARDING TAKE -HOME VEHICLE POLICY Mr. Cottrell stated the Board would table the Take Home Vehicle Policy until their next meeting. APPROVE 2013 HALLOWEEN TRICK OR TREAT HOURS In a letter to the Board, Police Chief Ronald Teachman requested the Board approve Thursday, October 31, 2013 from 5:00 p.m. to 7:00 p.m.to be the official City of South Bend trick or treat hours. Upon a motion by Ms. Vasquez, seconded by Mr. Collins and carried, the hours and date were approved as noted above. TABLE RECOMMENATION OF CHANGES TO POLICIES President Cottrell stated at the last Board meeting, the Board discussed four (4) recommended changes to City policy, a direct result of a Hearing the Board held recently. The Board of Safety recommended that the City consider the following changes: 1. Hiring, or appointing, an individual to serve as an investigator to examine complaints and allegations of employee misconduct filed by City employees and citizens. 2. The Police Department have a second Internal Affairs investigator, preferably a female officer, to investigate matters where there is a female complainant who would prefer to speak with a female investigator about her complaint against a police officer and in cases where one of the investigators may have a conflict of interest. 3. The Board of Safety be advised, as soon as reasonably possible, on all disciplines after the Police Chief or Fire Chief is made aware of such incident. Information concerning major matters need not be detailed, but enough information provided so that the Board is aware of the issues without prejudicing the Board in any way in any subsequent hearing which may occur. The purpose is that the Board should not have to hear of a significant event involving a police officer or firefighter's alleged misconduct from the new media. 4. Whenever police officers or firefighters complain in writing about work conditions or fellow officers or personal or unfair treatment toward themselves, a written answer should be given from the officer's division Chief, within a reasonable time, which the Board recommends be within thirty (3) days. Chief Teachman stated he read the recommendations but had no comment at this time. Attorney Cory Hamel acknowledged receipt also and stated he will review and make a recommendation to the Board later. Mr. Cottrell stated the Board would table this item. REGULAR MEETING SEPTEMBER 18, 2013 77 FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2013 Chief Teachman stated the report shows Part 1 crimes are down overall for the year by 5 %. Rape is up 97% due to a definition change by the FBI, which is more expansive. He noted based on the old definition, rape is actually down. Robbery is up 21 % and the Police Department is dealing with this by dedicating officers to this division. He noted they have subscribed to Leads on Line to help resolve larceny crimes. He explained that pawn brokers, junk dealers, and other second hand property venues can send photos to a national service of anyone bringing used items into their business. Those pictures can be viewed nationally and help identify criminals. He noted the Police Department is working with the Council to require local dealers to use Leads on Line. Chief Teachman stated as far as Motor Vehicle theft, they are in the process of acquiring license plate reading equipment for Police vehicles to enable officers to read license plates faster. He noted this will help with amber alerts, stolen vehicles, and reported crimes. Chief Teachman noted that murder and violent crimes are down, which is encouraging. However, Chief Teachman stated, murder is an indication of accuracy. He stated he is working with the Mayor on gun violence and a senior manager from Shot Spotter on placement of equipment to recognize and report on gun fire. He noted that 20% of gunshot reports are normally reported and the Police can't always get a location; this will help. Mr. Cottrell indicated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of August, 2013, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: FIRE DEPARTMENT APPROVE REQUEST FOR ADDITIONAL EXTENSION OF 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 an additional extension of leave of approximately six (6) months. Chief Cox noted that on May 15, 2013, the Board of Safety granted him a leave of absence for a period of six (6) months. Chief Cox stated in his letter that Firefighter Bennion has an opportunity to further his learning experience regarding safety and natural gas infrastructure. He intends to return to the South Bend Fire Department following his extension, if so granted, and provide valuable training and leadership concerning these emergency operations. Firefighter Bennion has maintained his fire and EMS certifications in order to remain current with his job with the South Bend Fire Department in anticipation of his eventual return. Upon a motion made by Mr. Taylor, seconded by Mr. Collins and carried, the additional six (6) month unpaid extended leave of absence was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2013 Chief Cox stated there are no substantial changes in statistics compared to 2012, but he wanted to make note that the Fire Department responded to a fire recently in excessive heat and wind at a building where several Notre Dame athletes were living. He noted two firefighters went to the hospital as a result of the fire. Chief Cox stated they did a tremendous job and retrieved as much property out of the apartments as they could. He informed the Board that Notre Dame University contacted and thanked the Fire Department for their work on this fire. Mr. Cottrell stated if there were no objections, the Board would accept the following report for the month of August for filing as presented. A summary is as follows: AUGUST 2012 AUGUST AUGUST YEAR TO DATE PART I OFFENSES 2012 2013 CHANGE 2( 012) 2( 013) CHANGE MURDER 2 0 - 2 11 5 - 6 RAPE 5 6 1 30 59 29 ROBBERY 24 34 10 189 228 39 AGGRAVATED ASSAULT 27 25 - 2 157 120 - 37 BURGLARY RESIDENT 133 112 - 21 880 700 - 180 BURGLARY NON RESIDENT 66 29 - 37 330 202 - 128 LARCENY 265 325 60 1912 1998 86 MOTOR VEHICLE THEFT 15 45 30 189 208 19 ARSONS 3 5 2 22 18 - 4 GRAND TOTAL 540 581 41 3720 3538 - 182 FIRE DEPARTMENT APPROVE REQUEST FOR ADDITIONAL EXTENSION OF 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 an additional extension of leave of approximately six (6) months. Chief Cox noted that on May 15, 2013, the Board of Safety granted him a leave of absence for a period of six (6) months. Chief Cox stated in his letter that Firefighter Bennion has an opportunity to further his learning experience regarding safety and natural gas infrastructure. He intends to return to the South Bend Fire Department following his extension, if so granted, and provide valuable training and leadership concerning these emergency operations. Firefighter Bennion has maintained his fire and EMS certifications in order to remain current with his job with the South Bend Fire Department in anticipation of his eventual return. Upon a motion made by Mr. Taylor, seconded by Mr. Collins and carried, the additional six (6) month unpaid extended leave of absence was approved. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2013 Chief Cox stated there are no substantial changes in statistics compared to 2012, but he wanted to make note that the Fire Department responded to a fire recently in excessive heat and wind at a building where several Notre Dame athletes were living. He noted two firefighters went to the hospital as a result of the fire. Chief Cox stated they did a tremendous job and retrieved as much property out of the apartments as they could. He informed the Board that Notre Dame University contacted and thanked the Fire Department for their work on this fire. Mr. Cottrell stated if there were no objections, the Board would accept the following report for the month of August for filing as presented. A summary is as follows: AUGUST 2012 AUGUST 2013 STRUCTURE FIRES REGULAR MEETING SEPTEMBER 18.2013 78 Property Damage -- Buildings & Contents (Estimates) $94,550.01 1 $1 80,600.00 INSPECTION DIVISION (Fire Prevention/Inspection Bureau) 240 Total Inspections 191 Total Inspections 1 (71 Re -Ins ections) (54 Re-Inspections) INVESTIGATION DIVISION (Police /Fire Arson Bureau) 21 18 Investigations Investigations 3 5 Arson Arson ADJOURNMENT There being no further business to come before the Board, Mr. Cottrell declared the meeting adjourned at 9:54 a.m. BOARD OF PUBLIC SAFETY ent Patrick P,Cott�7esi 17.E Laura A. Vasquez, IV� ber Eddie Miller, Collins, Member Luther Taylor, ATTEST: Linda M. Martin, der4k