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HomeMy WebLinkAbout05/20/2015 Board of Public Safety MeetingAGENDA REVIEW SESSION MAY 20.2015 39 The Board of Public Satiety met in the Public Agenda Session at 8:05 a.m. on Wednesday, May 20, 2015 in the 13'" Floor Boardroom, County -City Building, 227 West Jefferson Blvd., South Bend, Indiana, with Board President John Collins and Board Members Eddie Miller, Luther Taylor, and Daniel Jones present. Also present was Police Chief Ronald Teachman, Fire Chief Stephen Cox, and Attorneys Elliot Anderson and Paul Singleton. Mr. Anderson introduced himself to the Board and explained that he would be covering for Tasha Outlaw, Legal Counsel for the Board, while she was out on leave. Board members discussed the following agenda items: - Change of Status from Paid Administrative Leave to Unpaid Administrative Leave and Stay of Hearing of Disciplinary Charges — Theodore Robert Chief Ronald Teachman informed the Board that on May 15, 2015, the Federal Grand Jury moved to indict Theodore Robert on criminal charges. Chief Teachman stated he is therefore asking the Board to move him to unpaid administrative leave and to approve the stay of the hearing of disciplinary charges until the disposition of the criminal charges. - Request for Hearing — David Beaty Chief Teachman stated the requested discipline is for greater than five (5) days so Officer Beaty is entitled to a hearing, which he has requested through his counsel. - Permanent Promotions Chief Teachman informed the Board that these three officers, Dominic Zultanski, Amy Bennett, and Anthony Bontrager have completed the status of Special Assignment as required for one (1) year and have performed admirably so he is now requesting they be permanently promoted. - Resignation — BlakePatmalski Chief Teachman stated he is regretfully asking the Board's acceptance of Blake Paturalski's resignation to allow him to seek other employment. Chief Teachman noted he is a great officer, and they are sorry to lose him. - Retirement— Stephan Smith Chief Teachman stated this request is equally saddening, noting Officer Smith was recently promoted, and does a great job. Chief Teachman explained Officer Smith got an offer from the University of Notre Dame Police department and couldn't pass it up. Chief Teachman stated he thanks him for his twenty (20) years of great service. - Monthly Statistical Analysis Chief Teachman stated he is concerned about the increases in the numbers and added the larceny category drives the numbers. He noted a substantial increase in robberies. Chief Teachman stated they are having issues with the larceny reporting categorization and what should be included in the numbers. Chief Teachman informed the Board that Motor Vehicle Theft is still up from keys left in cars and the cars left running. He noted they have tried educating the public, tried media blasts, and other forms of education, but nothing is working. Chief Teachman stated it may take the insurance industry to address this with repercussions. - Reset Hearing of Disciplinary Charges No. 2015 -01 and Change of Status from Paid Administrative Leave to Unpaid Administrative Leave — Michael Brown Chief Stephen Cox stated this request is not terribly different from Chief Teachman's. He stated he submitted a recommendation for termination of Firefighter Brown; he requested a hearing; the hearing was set for May 26, 2015, and now there is a need to reset the hearing. Chief Cox stated he is also requesting a status change from paid administrative leave to unpaid leave. Chief Cox noted the Board has done this before. PRIVILEGE OF THE FLOOR Chief Cox stated he is requesting a Special Meeting of the Board on July 2, 2015 at the Fire Training Center for the swearing in of new firefighters. ADJOURNMENT There being no further business to come before the Board the meeting adjourned at 8:25 a.m. BOARD OF PUBLIC SAFETY Jo ollins, President AGENDA REVIEW SESSION MAY20.2015 40 Oe_ Wdie Miller, Member Luther ATTEST: mda M .Martin, Clerk - rxrcU I IVE SESSION MAY 20 2015 The Board of Public Safety met in the Executive Session on Wednesday, May 20, 2015 at 8:26 a.m. The meeting was held in the 13`h Floor Boardroom, County-City Building, 227 West Jefferson Blvd., South Bend, Indiana, for the purposes specified in I.C.5- 14- 1.5- 6.l(b)(6)A). Board President John Collins and Board Members Eddie Miller, Luther Taylor, and Daniel Jones were present. Also present was Attorney Elliot Anderson. 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 PU LIC S Jo olIms, President Eddie Miller, Member n&j Daniel J es, ember A TEST: inch M. Martin, Clerk REGULAR MEETING MAY 20.2015 The Board of Public Safety met in the Regular Meeting at 9:19 a.m. on Wednesday, May 20, 2015, with Board President John Collins and Board Members Eddie Miller, Luther Taylor, and Daniel Jones present. Also present were Police Chief Ronald Teachman, Assistant Fire Chief Todd Skwarcan, and Attorneys Elliot Anderson and Paul Singleton. Fire Chief Stephen Cox joined the meeting in progress at 9:30 a.m. The meeting was held in the 13" Floor Boardroom, County-City Building, 227 West Jefferson Blvd., South Bend, Indiana, APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion by Mr. Jones, seconded by Mr. Taylor and carried, the Board approved the Minutes of the Public Agenda Session, Executive Session, and Regular Meetings of April 15, 2015, as presented. APPROVE BOARD OF SAFETY GRIEVANCE PROCEDURES Upon a motion by Mr. Taylor, seconded by Mr. Jones and carried, the Board approved the Board of Safety Grievance Procedures as presented. REGULAR MEETING MAY 20.2015 41 APPROVE BOARD Or SAFETY ADMINISTRATIVE DISCIPLINARY HEARING RULES AND PROCEDURES Upon a motion by Mr. Taylor, seconded by Mr. Jones and carried, the Board approved the Board of Safety Administrative Disciplinary Hearing Rules and Procedures as presented. POLICE DEPARTMENT APPROVE CHANGE FROM PAID ADMINISTRATIVE LEAVE TO UNPAID ADMINISTRATIVE LEAVE — THEODORE ROBERT In a letter to the Board, Chief Ronald Teachman requested the Board convert Officer Theodore Robert to unpaid administrative leave. Chief Teachman noted that on November 7, 2014, Officer Robert was placed on paid administrative leave until his disciplinary heating. Chief Teachman noted a Federal Grand Jury indicted Officer Robert on May 13, 2015 on criminal charges and he is therefore submitting a letter for the Board's approval to change the status of paid leave to unpaid leave. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Board approved the change of status to unpaid administrative leave effective May 20, 2015. APPROVE STAY OF HEARING OF DISCIPLINARY CHARGES NO 2015 02PD THEODORE ROBERT In a letter to the Board, Chief Ronald Teachman requested the hearing of the above charges be stayed until the disposition of criminal charges in the trial court is heard. Upon a motion by Mr. Miller, seconded by Mr. Jones and carried, the Board approved the stay of the hearing of disciplinary Charges No. 2015 -02PD for Theodore Robert until the disposition of criminal charges. APPROVE REQUEST FOR HEARING OF DISCIPLINARY CHARGES DAVID BFATY In a letter to the Board, Chief Teachman requested the Board terminate the employment of Sergeant David Beaty with the South Bend Police Department due to violations of the South Bend Police Department Duty Manual, and General Orders. Subsequently, the Board received a letter requesting a hearing from Attorney M. Elizabeth Bemis on behalf of Sergeant Beaty. Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the request for a hearing was approved and the Board set the hearing of disciplinary charges for July 13, 2015. APPROVE PERMANENT PROMOTION TO LIEUTENANT — DOMINIC ZULTANSKI In a letter to the Board, Police Chief Ronald Teachman recommended that Sergeant Dominic Zultanski be promoted permanently to the rank of Lieutenant in the Investigative Division effective May 21, 2015. Chief Teachman stated in his letter that Sergeant Zultarski was placed in a special assignment as a Lieutenant in the Investigative Division on May 21, 2014. During his special assignment; his supervisor made evaluations of his progress and recommended a permanent promotion based on his progress. Upon a motion made by Mr. Jones, seconded by Mr. Taylor and carried, the recommended permanent promotion was approved. APPROVE PERMANENT PROMOTION TO LIEUTENANT — AMY BENNETT In a letter to the Board, Police Chief Ronald Teachman recommended that Sergeant Amy Bennett be promoted permanently to the rank of Lieutenant in the Investigative Division effective May 21, 2015. Chief Teachman stated in his letter that Sergeant Bennett was placed in a special assignment as a Lieutenant in the Investigative Division on May 21, 2014. During her special assignment' her supervisor made evaluations ofher progress and recommended a permanent promotion based on her progress. Upon a motion made by Mr. Jones, seconded by Mr. "Taylor and carried, the recommended permanent promotion was approved. APPROVE PERMANENT PROMOTION TO LIEUTENANT — ANTHONY BONTRAGER In a letter to the Roard, Police Chief Ronald Teachman recommended that Sergeant Anthony Bontrager be promoted permanently to the rank of Lieutenant in the Investigative Division effective May 21, 2015. Chief Teachman stated in his letter that Sergeant Bontrager was placed in a special assignment as a Lieutenant in the Investigative Division on May 21, 2014. During his special assignment, his supervisor made evaluations of his progress and recommended a permanent promotion based on his progress. Upon a motion made by Mr. Jones, seconded by Mr. Taylor and carried, the recommended permanent promotion was approved. REGULAR MEETING MAY 20. 2015 42 ACCEPT RECOMMENDATION FOR EMPLOYEE OF THE MONTII — MARCH 2015 In a letter to the Board, Police Chief Ronald Teachman stated that Officer Joe Cole was selected as Employee of the Month for March 2015. 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 the citizens of South Bend. Chief Teachman stated that the officer has not been notified that he was selected yet so he would wait to talk to the officer before talking to the Board about his reason for selection. There being no further discussion, the Board accepted the recommendation of Employee of the Month as outlined above. ACCEPT RESIGNATION - BLAKE PATCRALSKI In a letter to the Board, Police Chief Ronald Teachman advised he is in receipt of a letter of resignation from Patrolman Blake Paturalski in which he tenders his resignation from the South Bend Police Department, effective June 5, 2015. Chief Teachman stated in his letter, that Patrolman Paturalski was sworn on the South Bend Police Department on June 6, 2007. Chief Teachman stated Officer Paturalski is a great officer, and he is asking the Board to accept his resignation reluctantly. Therefore, the resignation was accepted by the Board as submitted. ACCEPT AND APPROVE DECLARATION OF RETIREMENT — STEPHAN SMITH In a letter to the Board, Police Chief Ronald Teachman submitted the Application and Declaration for Retirement for Chief Stephan Smith effective May 15, 2015. Chief Teachman noted that he is retiring after serving the Department for twenty (20) years, four (4) months, and eleven (1.1) days. Chief Teachman informed the Board that Chief Smith got an opportunity to join Notre Dame's Police Department. He added Chief Smith has served honorably and with dignity. Chief Teachman stated he is sadly asking the Board to accept the request for retirement, and he looks forward to continuing to work with him in the area. Therefore, the retirement was accepted as submitted. ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT Chief Teachman, Police Department, advised the Board of several generous donations made to the South Bend Police Department. He stated Brinks Corporation donated an armored vehicle; Ridge/Napa donated paint; City of South Bend Central Services donated time, talent, and labor; and a local anonymous body shop generously painted the vehicle and made necessary repairs. Chief Teachman stated the equipped armored vehicle is to be utilized by the Police Department's Nuisance Abatement program, and the Neighborhood Resource Connection was instrumental in seeing the project through to completion. There being no further discussion, the donations were accepted and filed. ACCEPT AND FILE DONATION TO SOUTH BEND POLICE DEPARTMENT Chief Teachman, Police Department, advised the Board of a generous donation made to the South Bend Police Department by the Girl Scouts of America of fifty (50) cases of cookies, valued at $2,400.00. He stated the Police Department will utilize the donation at functions, including community outreach events, various meetings and ceremonies held at the department. There being no further discussion, the donations were accepted and filed. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT — APRIL 2015 President Collins stated that unless there were questions or objections by members of the Board, the statistical analysis report for the month of April 2015, as submitted by the Police Department, would be accepted for filing. There being no objections, the following report was accepted for filing: APRIL APRIL YEAR TO BATE PART I OFFENSES 2014 2015 CHANGE 2014 2015 CHANGE MURDER 2 0 - 2 7 6 - I RAPE 8 4 - 4 33 24 - 9 ROBBERY 13 37 + 24 69 113 + 44 AGGRAVATED 21 24 + 3 68 62 - 6 ASSAULT BURGLARY RESIDENT 73 61 12 214 241 + 26 BURGLARYNON RESIDENT 29 13 - 16 65 65 0 LARCENY 272 284 + 12 811 927 + 116 MOTOR VEHICLE 31 33 + 2 88 107 + 19 REGULAR MEETING THEFT ARSONS GRAND TOTAL FIRE DEPARTMENT MAY 20, 2015 43 2 3 + 1 4 8 + 4 451 459 + 8 1359 1552 + 193 RESET HEARING OF DISCIPLINARY CHARGES NO. 2015-01 FD MICHAEL BROWN Upon a motion by Mr. Miller, seconded by Mr. Taylor and carried, the Board reset the hearing of Charges No. 2015 -01, Michael Brown, for June 26, 2015. APPROVE CHANGE FROM PAID ADMINISTRATIVE LEAVE TO UNPAID ADMINISTRATIVE LEAVE — MICHAEL BROWN In a letter to the Board, Fire Chief Stephen Cox stated on February 26, 2015 he placed Firefighter Michael Brown on administrative leave with pay in connection to an investigation regarding allegations of misconduct stemming from his actions on an EMS call on February 20, 2015. in his letter, Chief Cox referenced IC 36 -8 -3 -4 (c), which states "...the Safety Board shall determine if a member ofthe Police or Fire Department who is suspended in excess of five (5) days shall continue to receive the member's salary during the suspension." Chief Cox stated he is asking, therefore, that the Board convert Firefighter Brown's status to unpaid leave at this time. Upon a motion by Mr. Jones, seconded by Mr. Taylor and carried, the Board approved the change of status to unpaid administrative leave for Firefighter Michael Brovm. FILING OF MONTHLY STATISTICAL ANALYSIS REPORT APRIL 2015 Fire Chief Stephen Cox submitted to the Board the monthly report for April 2015 compiled by the PreventionAnspectlon Bureau of the Fire Department. Mr. Collins stated if there were no objections, the Board would accept the report for filing as presented. A summary is as follows: APRIL APRIL 2014 2015 STRUCTURE FIRES Property Damage -- Buildings & Contents Estimates) 576,251.00 1 $140,704.00 INSPECTION DIVISION 301 Inspections 332 Total Inspections (106 Re-Inspections) (93 Re-Inspections) INVESTIGATION DIVISION 12 12 Investigations Investigations 4 Incendiary 0 Incendiary 4 Accidental 5 Accidental 0 Natural 1 Natural 4 Undetermined 6 Undetermined PRIVILEGE OF THE FLOOR Officer Theodore Robert asked the Board when the Chief recommends something that has direct effect on an officer's employment, can it be appealed to the Board? He noted he was speaking of the Board's approval of the change of his status to unpaid leave. Attorney Elliot Anderson stated the request is granted by the Board subject to Indiana Code. Mr. Robert stated the recommendation came from the Chief so his question is does he have a right to contest the decision. Attorney Anderson reiterated it's within the Board's authority to make the recommendation. Mr. Collins requested Mr. Robert have his attorney draft his motion of his objection to the City Attorney, adding that the matter that was discussed at hand was the motion that was brought before the Board. He stated it is up to the Board's discretion to grant paid or unpaid leave and due to Mr. Robert's current situation, the Board has carefully reviewed and made the decision. He added it was based on the statute. Mr. Collins noted the Chief has the authority once a situation arises greater than an administrative issue; the Board has the authority to grant either paid or unpaid administrative leave. ADJOURNMENT There being no further business to come before the Board, the meeting adjourned at 9:38 a.m. REGULAR MEETING ATTEST: ��- -�. inda M. Martin, Clerk MAY 20 2015 44 To Collins, President —s �Idie Member Luther Taylor, MMe er Daniel JAed Member