HomeMy WebLinkAbout05/24/06 Board of Public Safety MinutesPUBLIC AGENDA SESSION MAY 24, 2006
The Board of Public Safety met in the Public Agenda Session at 8:00 a.m. on Wednesday, May 24,
2006 with President Jesusa Rodriguez, Board Members Juanita Dempsey, Donald Alford, Patrick D.
Cottrell and Bruce J. BonDurant were present. Also present were Police Chief Thomas Fautz, Fire
Chief Luther Taylor and Board Attorney Thomas Bodnar.
The meeting was held in the Board of Public Works Meeting Room, 13~` Floor, County City Building,
South Bend, Indiana.
Board members discussed the following item(s) from that list:
- Minutes
Board Members noted there were several errors in the minutes. Page 45, under heading
COUNT II, second paragraph in the third line, "effectively" should be corrected to
"effective". Also on page 45, under heading DECISION OF CHARGE 06-04 -JAMES
GADACZ, within item 2 after "immediately" it should state "for an indefinite period." On
page 46, the first paragraph, last sentence "Mr. Cottrell" should be corrected to "Mr. Alford".
On page 46, under heading DECISION OF CHARGE 06-03 -JOHN SZUCS, within item 2
after "immediately" it should also state "for an indefinite period." Also within this same
heading, the finalparagraph, last sentence "Mr. Cottrell" should be correctedto "Mr. Alford".
- Added Agreement and Findings of Fact for the Police Department
- Swearing In of Police Officers
Mr. Bodnar stated that two (2) individuals have already been certified, while the other two (2)
will be attending the Academy.
- Promotions -Police Department
Mr. Bodnar noted that the two (2) officers being promoted have each successfully served
three (3) years with the Department.
- Employee Recognition -Police Department
Chief Fautz submitted information for employee recognition for January, February, March and
Apri12006. Plaques were awarded at Roll Call. The Employee Recognition will be submitted
to the Board of Safety on a monthly basis.
- Donations -Police Department
Mr. Bodnar stated that recognizing donations is not required by Statute, however due do the
generosity shown by businesses and individuals in the community, the Board would like to
recognize recent donations to the Police Department.
- Quarterly Training -Police Department
Chief Fautz stated that the training is through the FBI Academy, and the trained officers bring
back ideas and information to the Department. This training is done at very little cost to the
City as the Federal Government covers the cost.
- Agreement -Police Department
Chief Fautz stated the Agreement is for applicant testing, whichprovides tutoring, math skills,
memorization, and recognition concepts. Also the test is not racially biased. Chief Fautz
noted that his Department uses the Institute to prepare performance evaluations. Mr. Bodnar
added that the Fire Department also uses the Institute.
- Charge 06-02 -Police Department
Mr. Bodnar stated that the Findings of Fact were accepted at the Special meeting of May 17,
2006. The document was presented on May 24, 2006 for signatures. Mr. Muszer's
suspension has already started.
- Retirements -Fire Department
Chief Taylor stated that the two (2) Engineers retiring are brothers.
- Charge 06-OS -Fire Department
Mr. Bodnar stated Attorney Joseph Simeri will be in attendance at the Executive Session.
Mr. Burkus' attorney was present at the Special Meeting of May 17, 2006 and stated that Mr.
Burkus would accept the Charges.
- Charge 06-06 -Fire Department
Mr. Bodnar stated that the attorney for Mr. Bartlett requested a hearing. Mr. Bodnar read
the May 22, 2006 fax from the attorney. Mr. Bodnar stated he will not oppose Discovery and
will file a report. The request must be made within thirty (30) days unless waived, and must
be waived by both sides. A hearing should be set. Mr. Bodnar stated he would have
Discovery within a week.
PUBLIC AGENDA SESSION MAY 24, 2006
- Statistical Analysis -Fire Department
Chief Taylor noted that the increase in 2006 property damage was due to the Irish Hills
Apartment fire. He had no other comments other than re-inspections were down.
AT) TfIT TRNMFNT
There being no further business to come before the Board, President Rodriguez declared the meeting
adjourned at 8:20 a.m.
BOARD OF PUBLIC SAFETY
Jesusa Rodriguez, President
Donald L. Alford, Member
Juanita Dempsey, Member
Patrick D. Cottrell, Member
Bruce J. BonDurant, Member
ATTEST:
Angela K Jacob, Clerk
EXECUTIVE SESSION
MAY 24, 2006
The Board of Public Safety met in Executive Session on Wednesday, May 24, 2006, at 8:24 a.m. The
meeting was held in the Mayor's Conference Room, 14~` Floor, County City Building, South Bend,
Indiana, for the purposes specified in LC. 5-14-1.5-6.1 (b) (2) (B) and (b) (6) (A). President Jesusa
Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick
Cottrell were present. Also present were Police Chief Thomas Fautz, Fire Chief Luther Taylor and
Board Attorney Thomas Bodnar. Board members did not discuss any subject matter other than the
subject matter as specified in the Public Notice. The meeting adjourned at 8:50 a.m.
BOARD OF PUBLIC SAFETY
ATTEST:
Angela K Jacob, Clerk
Jesusa Rodriguez, President
Donald L. Alford, Member
Juanita Dempsey, Member
Patrick D. Cottrell, Member
Bruce J. BonDurant, Member
POLICE SELECTION PANEL MAY 24, 2006
The Police Selection Panel met at 8:51 a.m. on Wednesday, May 24, 2006 in the Mayor's Conference
Room, 14~` 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 Thomas Fautz,
President Jesusa Rodriguez and Attorney Thomas Bodnar. Also present were Fire Chief Luther
Taylor and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick
Cottrell. The meeting adjourned at 9:05 a.m.
BOARD OF PUBLIC SAFETY
Jesusa Rodriguez, President
Donald L. Alford, Member
Juanita Dempsey, Member
Patrick D. Cottrell, Member
Bruce J. BonDurant, Member
ATTEST:
Angela K Jacob, Clerk
REGULAR MEETING MAY 24. 2006
The Board of Public Safety met in the regular meeting at 9:06 a.m. on Wednesday, May 24, 2006,
with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J.
BonDurant and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire
Chief Luther Taylor and Board Attorney Thomas Bodnar. In addition, Attorney James M Lewis was
present.
The meeting was held in the Board of Public Works Meeting Room, 13~` Floor, County-City
Building, South Bend, Indiana.
APPROVE MINUTES OF PREVIOUS MEETINGS
President Rodriguez advised that if there were no objections by members of the Board, the minutes of
the Public Agenda Session, Executive Session, and Regular meetings of the Board held on May 3,
2006 would be accepted with corrections. There being no further discussion, upon amotionmade by
Ms. Dempsey, seconded by Mr. Alford and carried, the minutes were accepted.
POLICE DEPARTMENT
POLICE SELECTION PANEL
Mr. Alford made a motion to accept the recommendation from Chief Thomas Fautz in his letter dated
May 16, 2006 to hire four (4) police officers. Mr. BonDurant seconded the motion and carried.
SWEARING IN OF POLICE OFFICERS
- MARY JANE BUENO JR.
- SARAH ANNE JANI S
- RANDALL JOHN GOERING
- JEREMY JAESON WRIGHT
Chief Thomas Fautz recommended that Mary Jane Bueno Jr., Sarah Anne Janis, Randall John
Goering, and Jeremy Jaeson Wright be accepted for employment on a probationary basis with the
South Bend Police Department effective May 24, 2006. They have met the requirements of the
REGULAR MEETING MAY 24. 2006
application process of the South Bend Police Department. Mary Jane Bueno Jr. and Sarah Anne
Janis will be attending the Indiana Law Enforcement Academy in Plainfield, Indiana from June 5,
2006 through September 15, 2006. Randall John Goering, and Jeremy Jaeson Wright are both
certified police officers in the State of Indiana and will not have to attend the Academy. Upon a
motion made by Mr. Alford, seconded by Mr. BonDurant and carried, the recommendation was
approved.
Mr. John Voorde, City Clerk, was present and administered the Oath of Office to the above listed
individuals. The Board wished them well in their endeavors with the South Bend Police Department.
Upon a motion made by Mr. Alford, seconded by Mr. BonDurant and carried, the swearing in of
officers was approved.
ACCEPT AND APPROVE PROMOTION - JOSHUA GOBEL
In a letter to the Board, Chief Thomas Fautz requested that Joshua Gobel be promoted from the rank
of Patrolman to the rank of Corporal, effective June 4, 2006. He has successfully completed three (3)
years of service with the South Bend Police Department. Upon a motion made by Mr. Alford,
seconded by Mr. BonDurant and carried, the promotion was accepted and approved.
ACCEPT AND APPROVE PROMOTION -EDWARD KOCZAN
In a letter to the Board, Chief Thomas Fautz requested that Edward Koczan be promoted from the
rank of Patrolman to the rank of Corporal, effective June 6, 2006. He has successfully completed
three (3) years of service with the South Bend Police Department. Upon a motion made by Mr.
Alford, seconded by Mr. BonDurant and carried, the promotion was accepted and approved.
EMPLOYEE OF THE MONTH RECOGNITION -JANUARY THROUGH APRIL 2006
In a letter to the Board, Chief Thomas Fautz recognized the Employees of the Month for January
through April 2006. The award recognizes officers, civilian employees and volunteers within the
Police Department who have demonstrated actions noted by supervisors or citizens from both a
professional law enforcement position and in support of community policing efforts with the citizens
of the City of South Bend. There being no further discussion, the Employee of the Month
Recognition was accepted and filed.
JANUARY 2006 MARCH 2006
Patrolman Dominic Hall Corporal Gary Reynolds
Corporal Christopher Bortone
FEBRUARY 2006 APRIL 2006
Corporal Nick Polizzotto Corporal Scott Severns
ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT
Chief Fautz advised the Board of generous donations made to the South Bend Police Department by
businesses and individuals in our community. This money was donated for a variety of things to the
Police Department during the tragedy of losing Corporal Scott Severns . There being no further
discussion, upon a motion was made by Mr. Alford, seconded by Mr. BonDurant and carried, the
donations were accepted and filed.
ACCEPT AND FILE DONATION TO SOUTH BEND POLICE DEPARTMENT
Chief Fautz advised the Board a generous donation of $30.00 was made to the South Bend Police
Department by Mr. and Mrs. Dale Hughes. This donation was directed to go to the K-9 Unit in the
name of Corporal Scott Severns. There being no further discussion, upon a motion was made by Mr.
Alford, seconded by Mr. BonDurant and carried, the donation was accepted and filed.
ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT
Chief Fautz advised the Board of generous monetary donations and gifts made to the South Bend
Police Department by businesses and individuals. The money and gifts were donated to the South
Bend Police Department, 911 Communications Center, in honor of National Telecommunicator's
Week which was Apri19-15, 2006. There being no further discussion, upon a motion was made by
Mr. Alford, seconded by Mr. BonDurant and carried, the donations were accepted and filed.
REGULAR MEETING MAY 24, 2006
ACCEPT AND FILE DONATIONS TO SOUTH BEND POLICE DEPARTMENT
Chief Fautz advised the Board that the South Bend Police Department, on behalf of the Safetyville
Miniature Safety Village, received generous donations of $500.00 from Frick's Dairy Queen, and
$500.00 from the South Gateway Association. Both donations are intended to be used for
improvements to Safetyville. There being no further discussion, a motion was made by Mr. Alford,
seconded by Mr. BonDurant and carried, the donations were accepted and filed.
ACCEPT AND FILE 1sT QUARTERLY REPORT FOR SPECIALIZED SCHOOL -JANUARY
THROUGH MARCH 2006
Captain Wanda Shock, Director of Training, South Bend Police Department, submitted the Quas~terly
Report for Specialized School for January through March 2006. There being no further discussion,
upon a motion made by Mr. Alford, seconded by Mr. BonDurant and carried, the report was accepted
and filed.
APPROVE AGREEMENT FROM THE INSTITUTE FOR PUBLIC SAFETY PERSONNEL_ INC.
Chief Fautz submitted the Agreement from the Institute for Public Safety Personnel, Inc. for the
South Bend Police Department. The Agreement is effective May 15, 2006 until May 14, 2007 and is
for professional consulting services to be provided to the Department. Upon a motion made by Mr.
Alford, seconded by Mr. BonDurant and carried, the Agreement was accepted and approved.
CHARGE NO. 06-02-JOSEPH MUSZER
President Jesusa Rodriguez stated Chief Thomas Fautz submitted the Findings ofFact inthe matter of
Charge 06-02 against Corporal Joseph Muszer. The Findings of Fact were presented and approved at
the special meeting of the Board of Safety on May 17, 2006. Upon a motion made by Mr. Alford,
seconded by Mr. BonDurant and carried, the Findings of Fact in the matter ofCharge No: 06-02 was
accepted and filed.
FIRE DEPARTMENT
ACCEPT AND APPROVERETIREMENT -DAVID BAILEY
President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and
Declaration for Retirement for Engineer David Bailey effective May 11, 2006. Chief Taylor noted
that he has served the Department with loyalty and distinction during the last thirty-six (36) years and
four (4) months. Chief Taylor joined the Board in thanking him for his commitment, dedication and
years of distinguished service to the South Bend Fire Department and the citizens of South Bend.
Members also wished him a long and happy retirement. Upon a motion made by Mr. Cottrell,
seconded by Ms. Dempsey and carried, the retirement was accepted and approved.
ACCEPT AND APPROVERETIREMENT -HAROLD BAILEY
President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and
Declaration for Retirement for Engineer Harold Bailey effective May 11, 2006. Chief Taylor noted
that he has served the Department with loyalty and distinction during the last thirty-seven (37) years
and one (1) month. Chief Taylor joined the Board in thanking him for his commitment, dedication
and years of distinguished service to the South Bend Fire Department and the citizens of SouthBend.
Members also wished him a long and happy retirement. Upon a motion made by Mr. Cottrell,
seconded by Ms. Dempsey and carried, the retirement was accepted and approved.
NOTIFICATION OF DECISION -DISCIPLINARY ACTION -CHARGE 06-OS -JAMES
BURKUS
President Rodriguez stated the Board reviewed Chief Luther Taylor's recommendation for Charge
06-OS against James Burkus. The Board moved to accept Chief Luther Taylor's recommended
disciplinary action as follows:
1. Suspended from duty without pay for twenty (20) calendar days.
2. Reduced in rank from Captain to Engineer for a period of six (6) months effective
immediately.
Attorney James E. Lewis, for Mr. Burkus, was present and stated that Mr. Burkus would accept the
charges. Mr. Bodnar stated that the inclusion of requirements to attend an E.A.P. by Mr. Burkus
would be addressed at the next Board meeting, June 14, 2006. Upon a motion made by Mr. Cottrell,
REGULAR MEETING MAY 24, 2006
seconded by Ms. Dempsey and carried, the Disciplinary Action was accepted and approved.
NOTIFICATION OF HEARING DATE-CHARGE 06-06 -BRIAN BARTLETT
President Rodriguez stated that a request for hearing before the Board of Public Safety was received
by Attorney Frederick B. Ettl on behalf of Brian Bartlett. A hearing is therefore scheduled for June
21, 2006 at 8:30 a.m. in the Board of Public Works Meeting Room, 13~` Floor, County City Building,
South Bend, Indiana. An Executive Session will be held at 8:00 a.m. Upon a motion made by Mr.
Cottrell, seconded by Ms. Dempsey and carried, the request for hearing and the scheduled date were
accepted and approved.
FILING OF MONTHLY STATISTICAL REPORT -MARCH 2006
Chief Luther Taylor submitted to the Board the monthly report for the month of March 2006
complied by the Prevention/Inspection Bureau of the Fire Department. Chief Luther Taylor stated
that the spike in property damage in the report was due to the apartment fire at Irish Hills. The
Statistical Analysis was accepted and filed.
A summary is as follows:
APRIL APRIL
2006 2005
STRUCTURE FIRES
Property Damage--Buildings & Conten ts
(Estimates)
$595,000.00 $209,300.00
INSPECTIONS
(Fire Prevention/Ins ection Bureau)
402 Inspections 507 Inspections
27 Re-Inspections 108 Re-Inspections
INVESTIGATIONS
(Police/Fire Arson Bureau)
20 12
Investi ations Investi ations
9 4
Arson Arson
ADJOURNMENT
There being no further business to come before the Board, President Rodriguez declared the meeting
adjourned at 9:34 a.m.
BOARD OF PUBLIC SAFETY
Jesusa Rodriguez, President
Donald L. Alford, Member
Juanita Dempsey, Member
Patrick D. Cottrell, Member
Bruce J. BonDurant, Member
ATTEST:
Angela K Jacob, Clerk