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HomeMy WebLinkAbout09/17/2014 Board of Public Safety MinutesPUBLIC AGENDA SESSION SEPTEMBER 17, 2014 57 The Board of Public Safety met in the Public Agenda Session at 8:08 a.m. on Wednesday, September 17, 2014 in the 13'h Floor Board Conference Room, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President Laura Vasquez and Board Members Eddie Miller, John Collins, Luther Taylor, and Daniel Jones present. Also present was Fire Chief Stephen Cox, Assistant Police Chief Scott Ruszkowski, and Attorney Cory Hamel. Assistant Chief Steve Smith, Police Department, joined the meeting in progress. Board members discussed the following agenda items: - Swearing In of Probationary Firefighter Fire Chief Cox stated this promotion is to fill one (1) position opening up due to a retirement in the last month. Chief Cox noted Firefighter Kurt Worden already has all of his certifications, in spite of not attending recruit school, so they felt it prudent to hire him at this time. He stated Firefighter Worden will be required to pass everything along with his recruit school in the spring. Chief Cox noted he is currently a paid on -call firefighter in another town. - Promotion to Captain — Fire Department Chief Cox stated Brandon May is currently a Captain in Special Assignment and has fulfilled all of his requirements. The Chief noted Firefighter May has done an outstanding job and is well liked and respected by his fellow firefighters. - Resolution No. 45 -2014 — Approving the Fire Department 2014 Strategic Action Plan Attorney Cory Hamel stated he has constructed a similar resolution for the Common Council's approval also. Chief Cox explained the Fire Department got a group of twenty (20) individuals together representing the department and battalions, without regard to rank, to put together a plan. He noted they met for three (3) days to discuss the goals and issues, and to come up with a plan on how to best address those. Chief Cox stated they had external stakeholders come to speak on behalf of the community. Chief Cox noted there were two (2) ladies from the Chamber of Commerce facilitate the meeting, and prepare an analysis of the department and create a plan. They created five (5) goals to achieve over the next two (2) years and the associated actions needed to take to reach the goals. Chief Cox noted they had the perspective of someone with anywhere from twenty (20) years on the job to one (1) year on the job. He added they created a wonderful plan. Chief Cox stated that Goal No. 5 deals with training issues, and within that goal the department has already finished out almost half of the goals within the plan. He stated this plan is considered a living document that the department will meet every four (4) months on to review as they go. Mr. Taylor commended the department for taking on something like this. Chief Cox noted they intend to put the plan on the City website for the public's awareness of their goals. Ms. Vasquez asked what is considered the most challenging goal. Chief Cox stated it would be No, 4 because it is controlled by more outside influences that the department doesn't have control over. Employees of the Months — Police Department Assistant Chief Scott Ruszkowski stated they have three (3) individuals selected for three (3) months for Employees of the Month. For the month of May, Patrolman Nicholas Pogotis received information regarding a shooting. He spotted the suspect's vehicle, called for back -up and was able to stop the vehicle and recover the weapons and stolen property from previous burglaries. Chief Ruszkowski stated the suspects were found to be responsible for several previous crimes as well as this shooting. In another shooting in the month of June, Patrolman Steve Hammer saw the suspect's vehicle in the video at the business and was able to find the car, apprehend the suspects and the weapon. In July, Chief Ruszkowski continued, Patrolman Greg Howard got called to a suicide hostage situation. Without any formal negotiation training, he stayed with it for six (6) hours without food or drink and ended up saving the individual from attempting suicide. Chief Ruszkowski stated it was pretty amazing work. - Monthly Statistics — Police Department Chief Ruszkowski noted the increase in murder and rape statistics. He added that they are seeing changes in increased comfort level of victims willing to talk to police after being victims of rape. He noted this is huge. Chief Ruszkowski stated aggravated assault is up but they are not sure why the violence increased. He informed the Board that the larceny increase is due in part to shoplifters, noting the Police get a call when an alarm activates at the exit door. Chief Ruszkowski noted sometimes these involve a Police chase, the suspect crashes, the Fire Department is called in, and all over a $20 bottle of liquor. He stated the Police are looking at a program to determine if it is worth a life, and the cost of Fire and Police personnel. He added they are meeting with business leaders on instituting a policy on locking up liquor as it seems to be the biggest crime along with clothing theft. Chief Ruszkowski added he hopes to have something put together by the next Board meeting on how PUBLIC AGENDA SESSION SEPTEMBER 17, 2014 58 to deal with this issue. He noted that Police departments across the country are completely inundated with larcenies because the stores do nothing due to liability; they depend on the Police. One requirement they hope to instill is reporting on the part of the store. Chief Ruszkowski added they are literally trying to track down someone and they don't even know if they stole anything or what it is. He added it is killing the detective division, the stores need to do more to help the process. Mr. Collins asked if there is data to show what percentage is organized and what is random. He added these are organized; they do recon, scout, and choose. The data would help to show how much of this is organized. Division Chief Steve Smith stated they don't know the percentage, but it's way up there. The criminals know the store policy on stopping suspected shoplifters and will take advantage of it. He added they are having regular meetings with businesses to help them set up their stores to help prevent this. Mr. Collins suggested they should take inventory of the products that are most often taken also, like they do with methamphetamine. Chief Ruszkowski noted that overall, crime is down 4 %. Of the four (4) murders, the Police have three (3) suspects in custody right now. PRIVILEGE OF THE FLOOR Attorney Hamel stated the Board received a letter from an individual requesting to meet privately with them. He stated that it would be improper to meet privately, as any more than two (2) members are considered a meeting and would need to be treated as such with an agenda posted. Secondly, Mr. Hamel stated, if the Board wishes to consider setting time limits for Privilege of the Floor, it should be announced at the beginning of the Privilege of the Floor. ADJOURNMENT There being no further business to come before the Board the meeting adjourned at 8:43 a.m. BOARD, OF PUBLIC SAFETY Laura A. Vasquez, President Eddie Miller, Member ohnC ip s, Member J Luther Taylor, er Daniel JonQM4�-- ber ATTEST: inda M .Martin, Clerk EXECUTIVE SESSION SEPTEMBER 17 2014 The Board of Public Safety met in the Executive Session on Wednesday, September 17, 2014 at 8:45 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. I(b)(2)(A)6(A). Board President Laura Vasquez and Board Members Eddie Miller, John Collins, Luther Taylor, and Daniel Jones were present. Also present were Fire Chief Stephen Cox, Assistant Police Chief Scott Ruszkowski, Assistant Chief Steve Smith, 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 9:31 a.m. BOARD OF PUBLIC SAFETY EXECUTIVE SESSION SEPTEMBER 17 2014 59 Laura Vasquez, President Eddie Miller. Member Joh)f (Collins, Member Luther Taylor, M mber Daniel Jone , ember ATTEST: Linda M. M. Martin, Clerk REGULAR MEETING SEPTEMBER 17 2014 The Board of Public Safety met in the Regular Meeting at 9:34 a.m. on Wednesday, September 17, 2014, with Board President Laura Vasquez and Board Members Eddie Miller, John Collins, Luther Taylor, and Daniel Jones present. Also present were Assistant Police Chief Scott Ruszkowski, Assistant Chief Steve Smith, Fire Chief Stephen Cox, and Attorney Cory Hamel. The meeting was held in the Board Conference Room, 13"' Floor, County City Building, South Bend, Indiana. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Mr. Miller seconded by Mr. Taylor and carried, the Board approved the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of August 20, 2014 as presented. ADOPT RESOLUTION NO. 38 -2014 - A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (RAINBOW CHILD ANNEXATION AREA Mr. Michael Divita, Community Investment, informed the Board that this annexation was proposed by one of the property owners. The annexation area is located in Clay Township on the east side of State Road 23, about 500 feet northeast of Douglas Road, at 17288 and 17316 State Road 23. The property is approximately 2.65 acres and is composed of two single family houses that would be demolished for a proposed day care center. Mr. Divita stated the annexation area would be covered by Police Beat 11, with little impact on patrols or budget. The area would be serviced by Fire Station No. 3, with additional back -up from Station Nos. 9 and 2, and Medic No. 2 and Medic No. 3. He noted there is no unusual police, fire, or emergency protection problems related to this annexation. Therefore, upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 38-2014 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (RAINBOW CHILD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly REGULAR MEETING SEPTEMBER 17 2014 60 described at Page 14 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.65 acres of land containing single - family houses, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 25.0% contiguous, generally located on the east side of State Road 23 north of Douglas Road (17288 and 17316 State Road 23). It is anticipated that the annexation area will be used for a day care center. This use will require a basic level of municipal public services, including the provision of police and fire protection; and WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of police and fire protection to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that those services will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures and planning criteria; and (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 14 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Safety, to furnish to said territory police and fire services within one (1) year of the effective date of annexation in a manner equivalent in standard and scope to similar services furnished by the City to other areas regardless of similar topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 7 and 8 of Exhibit "A ", for the furnishing of said services to the territory to be annexed. Adopted the 17th day of SeSe timber, 2014. s /Laura Vasquez, President s /Eddie Miller, Member s /John Collins, Member s /Luther Taylor, Member ATTEST: s/Daniel Jones, Member s/Linda Martin, Clerk FIRE DEPARTMENT SWEARING IN OF PROBATIONARY FIREFIGHTER — KURT WORDEN In a letter to the Board, Fire Chief Stephen Cox, recommended that Firefighter Kurt Worden be accepted for employment on a probationary basis with the South Bend Fire Department. Chief Cox stated in his letter that Firefighter Worden is currently certified as a Firefighter I/I1, EMT - Basic, and Hazmat First Responder Awareness and Operations through the State of Indiana Department of Homeland Security. Chief Cox stated he will attend the next Recruit Academy classes through the South Bend Fire Department in February 2015. Upon a motion made by Mr. Taylor, seconded by Mr. REGULAR MEETING SEPTEMBER 17 2014 61 Collins and carried, the recommendation was approved. Mr. John Voorde, City Clerk, administered the Oath of Office to the above listed individual. The Board wished him well in his endeavors with the South Bend Fire Department. APPROVE PERMANENT PROMOTION TO CAPTAIN — BRANDON MAY In a letter to the Board, Fire Chief Stephen Cox recommended that Firefighter Brandon May be promoted permanently to the rank of Captain, no longer in Special Assignment, effective September 17, 2014. Chief Cox stated in his letter that Firefighter May was placed in a special assignment as a Captain on September 18, 2013. Chief Cox noted he has completed all requirements of the position he has occupied in outstanding fashion, exceeding the expectations. Upon a motion made by Mr. Taylor, seconded by Mr. Collins and carried, the recommended permanent promotion was approved. ADOPT RESOLUTION NO.45 -2014 - A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND INDIANA APPROVING THE SOUTH BEND FIRE DEPARTMENT 2014 STRATEGIC ACTION PLAN Chief Cox stated this strategic plan was worked on with outside members of the community and the department. It is basically a living document the department will use moving forward and continue to review in meetings over a four (4) month period and re- evaluate and make changes as needed. He added they also will bring a similar Resolution before the Common Council. He added the process has been outstanding; the plan was built from within the department itself, not just from the leadership. Upon a motion by Mr. Taylor, seconded by Mr. Jones and carried, the following Resolution was approved by the Board of Public Safety: RESOLUTION NO. 45 -2014 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE SOUTH BEND FIRE DEPARTMENT 2014 STRATEGIC ACTION PLAN WHEREAS, in 2013 leaders of the South Bend Fire Department (SBFD) agreed that SBFD would benefit greatly from accreditation through the Commission on Fire Accreditation International, and as part of that process, the SBFD undertook a systemic review of the SBFD with participation of Department members and community leaders, to produce a written Strategic Action Plan which would provide short term- direction; set goals and objectives; optimize the use of resources; and build a shared vision for the SBFD; and WHEREAS, Internal and External Stakeholders Committees were formed and regular meetings were conducted, facilitated by members of the South Bend/Mishawaka Chamber of Commerce Leadership Program; and WHEREAS, the discussions of the Internal and External Stakeholders Committees resulted in the South Bend Fire Department 2014 Strategic Action Plan (the Plan), a true, complete copy of which is attached to this Resolution; and WHEREAS, the Plan contains goals and objectives which are useful to future progress and improvement of the SBFD and in setting the SBFD's fiscal priorities; and WHEREAS, it is essential to communicate and disseminate the Plan to the greater South Bend community; and WHEREAS, the South Bend Board of Public Safety as the executive body of the Public Safety Departments of the City now desires to approve the Plan in order to show its support for the goals and commitments of the SBFD; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South Bend, Indiana, as follows: Section I. The South Bend Fire Department 2014 Strategic Action Plan attached hereto is in all respects hereby approved and confirmed. REGULAR MEETING SEPTEMBER 17, 2014 62 Section II. This Resolution shall be in full force and effect from and after its adoption by the South Bend Board of Public Safety and compliance with procedures required by law. Adopted this 171h day of September, 2014. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s /Laura Vasquez, President s /Eddie Miller, Member s /John Collins, Member s /Luther Taylor, Member s /Daniel Jones, Member ATTEST: s/Linda Martin, Clerk FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — AUGUST 2014 Fire Chief Stephen Cox submitted to the Board the monthly report for August 2014 compiled by the Prevention/Inspection Bureau of the Fire Department. Ms. Vasquez stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: AUGUST AUGUST 2013 1 2014 STRUCTURE FIRES Property Damage -- Buildings & Contents (Estimates) $180,600.00 1 $319,000.00 INSPECTION DIVISION 191 Inspections 218 Total Inspections (54 Re-Inspections) (49 Re-Inspections) INVESTIGATION DIVISION 18 16 Investigations 5 1 Incendiary Arsons 5 Accidental 0 Natural 10 Undetermined POLICE DEPARTMENT DENY MOTIONS TO HOLD DISCIPLINARY HEARINGS IN EXECUTIVE SESSION — JOHN HALL, JACK STILP. AND DAVID GNOTH On August 20, 2014, Assistant City Attorney Cory Hamel presented the Board with three (3) Motions to Hold Disciplinary Hearings in an Executive Session pursuant to I.C. 5-14-1.5 - 6.1(b)(6)(A) for Detective Sergeant John Hall, Officer Jack Stilp, and Officer David Gnoth. In his Motions, Attorney Hamel stated on August 7, 2014 the City presented an oral motion to the Board to proceed with these disciplinary hearings in Executive Session under I.C. 5- 14- 1.5- 6.1(b)(6)(A). He stated the City wishes to now present a written motion to the Board to allow respondent time to reply. Finally, he stated in his motions, the City believes that it is in the best interest of all parties to hold the hearings in Executive Session. Attorney Douglas Grimes stated he is representing two (2) cases, Jack Stilp and John Hall, where the City has asked to hold the disciplinary Hearings in an Executive Session. He stated he filed objections to both requests because the City hasn't presented any reason to hold these hearings in Executive Sessions. The law provides in this state and urges openness to allow the public to hear the evidence. He added the officers want the sessions to be open for the public's information. He noted State law allows you to use your discretion on holding an Executive Session and unless the City gives a reason why, why should these be held in Executive Session. Attorney Hamel stated he proposed his motion at a public hearing on August 20 and gave great detail on his reasoning at that time, including legal reference to support his motions. Mr. Taylor stated after hearing both sides of the argument, he would make a motion to deny the City's REGULAR MEETING SEPTEMBER 17 2014 63 request that the hearing of John Hall be held in an Executive Session. Mr. Collins seconded the motion, which carried. Upon a motion by Mr. Miller, seconded by Mr. Collins and carried, the Board denied the City's request to hold the hearing for Jack Stilp in an Executive Session. Upon a motion by Mr. Collins, seconded by Mr. Miller and carried, the Board denied the City's request to hold the hearing for David Gnoth in an Executive Session. ACCEPT AND APPROVE RESIGNATION — NICHOLAS MCKINLEY In a letter to the Board, Police Chief Ronald Teachman advised he is in receipt of a letter of resignation from Patrolman First Class Nicholas McKinley in which he tenders his resignation from the South Bend Police Department, effective September 12, 2014. Chief Teachman stated in his letter, that Patrolman McKinley was sworn on the South Bend Police Department on April 21, 2008. Upon a motion made by Mr. Jones, seconded by Mr. Collins and carried, the resignation was accepted and approved. BOARD MEMBER EXCUSED President Vasquez stated Board member Luther Taylor was excused from the meeting at 9:58 a.m. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — MAY — NICHOLAS POGOTIS In a letter to the Board, Police Chief Ronald Teachman stated that Patrolman Nicholas Pogotis was selected as Employee of the Month for May, 2014. 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 Ruskowski stated Officer Pogotis recognized a suspect vehicle, waited for the suspects to come out to their vehicle and called in assistance and apprehended several suspects that were instrumental in other crimes. There being no further discussion, the Board accepted the recommendation of Employee of the Month as outlined above. ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTH — JUNE - STEVE HAMMER In a letter to the Board, Police Chief Ronald Teachman stated that Patrolman Steve Hammer was selected as Employee of the Month for June, 2014. 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 Ruszkowski stated when shot spotter picked up a shot, Patrolman Hammer found the suspected vehicle, gathered other officers, and pursued the suspects. When they bailed their vehicle, the officer continued pursuit on foot and with the use of a canine unit, found weapons that were confirmed to be responsible for the shooting and apprehended the suspects. There being no further discussion, the Board accepted the recommendation of Employee of the Month as outlined above. APPROVE RECOMMENDATION FOR EMPLOYEE OF THE MONTH — JULY — GREG HOWARD In a letter to the Board, Police Chief Ronald Teachman stated that Patrolman Greg Howard was selected as Employee of the Month for July, 2014. 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 Ruszkowski stated Patrolman Howard was called to a stand -off involving a potential suicide. He maintained six hours of negotiations without food or water and was able to talk the victim out of suicide. Chief Ruszkowski noted this was above and beyond the line of duty. There being no further discussion, the Board accepted the recommendation of Employee of the Month as outlined above. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT— AUGUST 2014 President Vasquez stated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of August 2014, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: REGULAR MEETING SEPTEMBER 17. 2014 64 AUGUST AUGUST YEAR TO DATE PART I OFFENSES 2013 2014 CHANGE 2013 2014 CHANGE MURDER 0 4 + 4 5 12 + 7 RAPE 6 8 + 2 59 67 + 8 ROBBERY 34 37 + 3 228 199 - 29 AGGRAVATED ASSAULT 25 28 + 3 130 160 + 30 BURGLARY RESIDENT 112 104 8 700 568 132 BURGLARY NON RESIDENT 29 27 2 202 178 24 LARCENY 325 290 35 1998 2010 + 12 MOTOR VEHICLE THEFT 45 40 - 5 208 196 - 12 ARSONS 5 4 1 18 20 + 2 GRAND TOTAL 581 542 39 3548 3410 - 138 PRIVILEGE OF THE FLOOR Board President Laura Vasquez notified those present that all presentations during the Privilege of the Floor should be limited to five (5) minutes. Attorney Cory Hamel stated he is presenting an eye witness policy to be adopted across all departments, including the county, to give a uniform policy. He handed out the policy to the Board members for review for their next meeting. Mr. Theodore Robert stated he submitted a letter to the Board requesting to meet in private with them. He stated the Police want their department to be a beacon to other police departments, like the Fire department. Mr. Robert suggested the department's interpretation of the duty manual is not always correct and is in violation of the duty manual and the office of professional standards. Mr. Robert requested the Board consider his letter requesting a meeting including the Chiefs and the Human Resources Department to discuss several issues regarding the Duty Manual interpretation. Mr. Derek Dieter, Vice Chairman of the Council informed the Board that some members of the Council want to initiate a review committee and he is here to let the Board know that the council is not looking into this idea. ADJOURNMENT There being no further business to come before the Board, upon a motion by Mr. Jones, seconded by Mr. Taylor and carried, the meeting adjourned at 9A3a.m. ATTEST: L, da M. Martin, Clerk BOARD OF PUBLIC SAFETY Laura A. Vasquez, President Eddie Miller, Member �hn ollins, Member 1 Luther Taylor U Daniel Jones, T ember