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HomeMy WebLinkAbout03/01/06 Board of Public Safety Minutes1' ~ ~/ PUBLIC AGENDA SESSION MARCH 1, 2006 The Board of Public Safety met in the Public Agenda Session at 8:00 a.m. on Wednesday, March 1, 2006 with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13`x' Floor, County City Building, South Bend, Indiana. ' Board members discussed the following item(s) from that list. - Minutes The Board noted two (2) errors in the minutes. On page 11 in the "Minutes" Section, the word "been" should be removed. On page 14, in the last section entitled "Promotion, Tim Lancaster", Mr. Dempsey should be corrected to read "Ms. Dempsey". - Addition of Agenda Items Mr. Bodnar indicated that three (3) items will be added to the agenda: 1) Jeremy Downs; 2) Towing Report; and 3) Hearing for Hoosier Truck Service. - Resolution No. 7-2006 -Disciplinary Proceedings -Police and Fire Departments Mr. Bodnar stated this Resolution will clarify the procedure of the Filing of Charges for Police and Fire personnel. The Resolution will allow the Ofticer to not contest any punishment up to the recommendation, but should the Board determine that it wants to consider a greater (but not lesser) punishment, it shall give notice to the office in writing and he/she shall have two full workin~~ days in which to request a hearing on the charges. It also will not refrain the Board's authority to impose a punishment in excess of the Chief's recommendation when there is a full evidentiar}~ hearing. - Request for Re-Instatement of Firefighter -Fire Department Mr. Bodnar stated this individual isrequesting re-instatement with the Fire Department, and has requested the probation period be waived. Chief Taylor noted this is the first re-instatement of the Fire Department. In addition, this individual will complete a three (3) day orientation period. - Requests for Retirement - Buysse/Janowiak -Fire Department Chief Taylor noted these two (2) individuals have served the department well and are retiring in good standing. - Monthly Statistics -Fire Department It was noted that re-inspections were high for January 2006. Chief Taylor will check on the statistics and report back. - Jeremy Downs -Fire Department Mr. Bodnar stated this letter depicts the events surrounding the disciplinary for this Firefighter, clarifying thirty (30) calendar days vs. working days. Chief Taylor stated the twenty-four hour shift personnel based their time by "working days", rather than "calendar days". - Request for Retirement - Dutrieux -Police Department Chief Fautz stated this individual has served the department well and is retiring in good standing. -Police Department Recruiting Chief Fautz stated recruiting police applicants has become more competitive, and he is deviating from procedure to get good candidates. They are "fast-tracking" applications and trying to recruit a diverse work place, all while staying within the law. He stated Mattie Taylor and Darryl Boykins have been doing an excellent job of recruiting.. - U.S. Department of Justice Assistance Grant Community Relations Division Chief Gary Horvath presented the synopsis, timetable and 1 budget for the Grant, as required by the grant process. - Monthly Statistical Analysis -Police Department Chief Fautz stated there is a large increase in residential burglaries. It appears homes arc being burglarized for the copper. Arsons have also risen, and are related to vacant homes. Ms. Dempsey suggested the Police Department make the public aware of the burglaries. - 2005 South Bend Towing Statistics Mr. Bodnar stated the Towing Report is required annually, according to Resolution 62-2002. - Hearing -Hoosier Truck Service Mr. Bodnar stated the owner of company will appear at the 9:00 a meeting to discuss the situation. His company was temporarily removed from the towing list pending the outcome of rr IR PUBLIC AGENDA SESSION MARCH 1.2000 today's meeting. The Police Department had been directing individuals with impounded cars to what appeared to be an old address. It is assumed that Hoosier Truck Service has moved to a ne:~ location, however, he did not notify the Board of Safety Clerk. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the mectin~ adjourned at 8:35 a.m. ' BOARD OF PUBLIC SAFETY ~~ Jeri a Rodriguez, Pres' ~~ Donald L. Alford, Member anita Dempsey, Mem er Patrick D. Cottrell, ember TTEST: ~~ti c . An a K. Jacob, erk EXECUTIVE SESSION MARCH 1, 2006 The Board of Public Safety met in Executive Session on Wednesday. March 1.2000. a~ ~: ; S a.m. The meeting was held in the Mayor's Conference Room, 14"' Floor, County City Buildin~~. 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 and Patrick Cottrell were present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther Taylor and I3ourd 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 9:08 a.m. ARD OF PUB AFETY _ ~-9-~ _ Je s Rodriguez, President ~~ Donald L. Alford, Member nita Dempsey, Member ~ Patrick D. Cottrell TT_1f,ST: Angel ` .Jacob, rk a -i .. ,.1 REGULAR MEETING MAKCTI 1, 2006 The Board of Public Safety met in the regular meeting at 9:12 a.m. on Wednesday, March 1, 2006, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford and Patrick D. Cottrell present. Also present were Police Chief Thomas H. Fautz, Fire Chief Luther "Taylor and Board Attorney Thomas Bodnar. The meeting was held in the Board of Public Works Meeting Room, 13'x' 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 February 8, 2006 would be accepted and approved, with the corrections noted. Ms. Dempsey made a motion that the minutes be accepted with the corrections. Mr. Alford seconded the motion which carried. ADOPT RESOLUTION NO. 7-2006 -DISCIPLINARY PROCEEDINGS Mr. Bodnar stated this Resolution will allow a Firefighter or a Police Officer to not contest any punishment up to the recommendation. Should the Board determine that it wants to consider a greater (not lesser) punishment, it shall give notice to the officer in writing and he/she shall bare tiro (2) full working days in which to request a hearing on the charges. This Resolution will not restrain the Board's authority to impose a punishment in excess ofthe Chief's recommendation when there is a full evidentiary hearing. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the Resolution was approved and adopted. RESOLUTION NO. 7-2006 RESOLUTION OF THE BOARD OF PUBLIC SAFETY CONCERNING DISCIPLINARY PROCEEDINGS WHEREAS, when the South Bend Police Chief or the South Bend Fire Chief (hereinafter referred to as "Chief') brings charges against a police officer or firefighter (hereinafter referred to as "Officer"), it is the Board of Public Safety's responsibility under IC 36-8-3-4 to determine whether that Officer should be disciplined and what the punishment should be; and WHEREAS, historically the Chief has made a recommendation on the punishment that should be imposed upon the Officer; and WHEREAS, it is in the best interest of the South Bend Police Department, South Bend Fire Department and of the City of South Bend to resolve disciplinary matters without undue animosity so that the Officer could put the matter behind himself/herself and proceed to function as an efficient member of the Department; and therefore the Board of Public Safety this date adopts the t<~I lo~~•in~~ policy regarding disciplines: 1. The Chief shall continue to make anon-binding recommendation in the cover letter when charges are filed, which recommendation shall continue to be incorporated into the Notice to the Officer; 2. If a hearing is not requested by the Officer, the Board at its next meeting shall examine the Charges and the Chiefs recommendation and decide if it wants additional evidence due to the possibility of imposing a punishment in excess of the Chiefs recommendation; 3. If the Board decides that it is not interested in imposing a punishment in excess of the. Chiefs recommendation, it may impose such a punishment without hearing; 4. If the Board decides that it wishes to hear additional evidence, it shall set a hearing date. The Officer shall be notified in writing and served notice of this determination and of the hearing date; ~, r? n. '. ~r ~3 REGULAR MEETING MARCH 1. 200C> 5. Upon service of this Notice, the Officer shall have 48 hours in which he/she can elect to demand a hearing. If the 48 hours expires on a weekend or holiday. the Officer shall have until noon of the following regular workday to notify the Board that he/she wishes a full hearing on the merits. The Notice shall be in writing and shall he delivered to the Clerk of the Board of Public Safety; 6. If the Officer has elected the full hearing, it shall be set for hearing by the Board in accordance with IC 36-8-3-4 and all other applicable State Statutes; 7. If the Officer does not submit a written election to have a full hearing, then the Board can proceed to receive information to determine the appropriate punishment. 8. If the Officer elects to have a full hearing, then the Board is not, in any way, bound by the Chief s recommendation. 9. This Resolution does not affect in any way a Chiefs power to impose discipline under IC 36-8-3-4.1. Adopted this 1s1 day of March 2006. ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez, President s/Donald Alford, Member s/Patrick Cottrell, Member s/Juanita Dempsey, Member APPROVAL OF RE-INSTATEMENT TO FIRE DEPARTMENT - DARREL I F II FR In a letter to the Board, Fire Chief Luther Taylor recommended that Mr. Eiler be re-instated as a South Bend Firefighter, 15t Class, effective March 1, 2006. Mr. Eiler resigned from the I~irc Department May 7, 2004, in good standing, after serving for six (6) years. Since that time, he has been a Firefighter for the Rochester Fire Department in Minnesota. Mr. Eiler has met all requirements as it related to the Fire Department Hiring Policy (Resolution 3-2006) and all 1977 PERF requirements. Mr. Eiler's original hire date of March 25, 1998 has been adjusted by 663 da}s to reflect a new seniority date of Januaryl8, 2000. The local Pension Board voted unanimously i~~ approve Mr. Eiler for appointment to the South Bend Fire Department. Upon a motion made by >VIs. Dempsey, seconded by Mr. Alford and carried, the request was approved. Mr. John Voorde, City Clerk, was present and administered the Oath of Office to Mr. Eiler. The Board wished him well in his endeavors with the South Bend Fire Department. ACCEPT AND APPROVE RETIREMENT -RUSSELL A. BUYSSF President Rodriguez advised that Chief Luther "Naylor has submitted to the Board the ~~\ppl ication and Declaration for Retirement for Captain Russell Buysse effective March 2, 2006. Chief Taylor noted that Captain Buysse has served the Department with loyalty and distinction during the last thirt~- seven (37) years and eleven (11) 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 Ms. Dempsey seconded by Mr. Alford and carried, the retirement was accepted and approved. ACCEPT AND APPROVE RETIREMENT - TOM JANOWIAK President Rodriguez advised that Chief Luther Taylor has submitted to the Board the Application and Declaration for Retirement for Pump Engineer Tom Janowiak effective February 20, 2006. Chief Taylor noted that Engineer Janowiak has served the Department with loyalty and distinction during the last thirty-five (35) 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 1' ire Dep<u-uncnt and the citizens of South Bend. Members also wished him a long and Kapp} retirement. Upon .~ motion made by Ms. Dempsey seconded by Mr. Alford and carried, the retirement was accepted and approved. 1 1 ~: 1 1 REGULAR MEETING MARCH 1, 2006 FILING OF MONTHLY STATISTICAL REPORT -JANUARY 2006 Chief Luther Taylor submitted to the Board the monthly report for the month of January 2006 complied by the Prevention/Inspection Bureau of the Fire Department. A summary is as follows: JANUARY JANUARY 2006 2006 STRUCTURE FIRES Property Damage--Buildings & Contents (Estimates) $96,500.00 $451,900.00 INSPECTIONS (Fire Prevention/Ins ection Bureau) 453 Inspections 480 Inspections 86 Re-Ins ections 27 Re-Ins ections INVESTIGATIONS (Police/Fire Arson Bureau) 17 17 Investi ations Investi;ations 8 2 Arson Arson ACCEPT CLARIFICATION OF CHARGES -JEREMY DOWNS President Rodriguez stated Board Attorney Thomas Bodnar submitted a memorandum regardi ng the disciplinary charges concerning Mr. Jeremy Downs and his time off. This memorandum clarifies leis suspension of thirty (30) days beginning immediately, which was on December 28, 2005. At that time, Mr. Downs was not scheduled to work. Mr. Downs' attorney, Mr. Bodnar and President Rodriguez agreed that the thirty (30) day punishment would start on January 6, 2006. There being no further discussion the report was accepted and filed. POLICE DEPARTMENT HEARING -HOOSIER TRUCK SERVICE Mr. Bodnar explained that folks had been directed to pick up their impounded vehicle(s) From Hoosier Truck Service at an old address. It appeared that Hoosier Truck Service had moved. I he change of location had not been forwarded to the Clerk of the Board of Public Safety. As this was discovered, Hoosier Truck Service was temporarily suspended from the Towing List. and was asked to be present at this hearing. A temporary re-instatement of the company to the Towing List would be made at the next meeting. Mr. Charles Shedlak, Attorney for Hoosier Truck Service, indicated Hoosier Truck Service i s in the middle of moving. The move should be completed shortly. Mr. Dan Newman, owner of the company, stated the move occurred last week, and the Records Division of the Police Department was notified of the new address. Approximately twenty (20) vehicles still remain at the old address. and are to be moved to the new site within one (1) day from March 1, 2006. Mr. Shedlak stated the new address is 6103 U.S. South, South Bend, 46614. The new License Application has been submitted to the City Licensing Department, should be approved by March 13.2006. Chief Fautr mentioned the storage problem of vehicles has also been resolved. Mr. Newman confirmed there will always be an employee on site for people to pick up their vehicles. 1 There being no one else present, the Hearing was closed. Upon a motion made by Mr. Cottrell. seconded by Mr. Alford and carried, this Hearing would be continued until the next regular Board of Public Safety meeting, to ensure all policies and procedures were carried through. ACCEPT AND APPROVE RETIREMENT -DANIEL DUTRIEUX President Rodriguez advised that Chief Thomas Fautz has submitted to the Board the Application and Declaration for Retirement for Sergeant Daniel Dutrieux effective March 1.2006. Chief ~autr noted that Sergeant Dutrieux has served the Department with loyalty and distinction during the last thirty-five (35) years and one (1) month. Chief Fautz joined the Board in thanking him for his commitment, dedication and years of distinguished service to the South Bend Police Department and n -~ ~ '. 4 r REGULAR MEETING MARCH 1, 2006 the citizens of South Bend. Members also wished him a long and happy retirement. Upon a motion made by Mr. Cottrell seconded by Mr. Alford and carried, the retirement ~~~as accepted and ai?pru~~d. ACCEPTANCE OF POLICE RECRUITING PROCESS In a letter to the Board, Police Chief Thomas Fautz explained the process of recruiting police applicants. Chief Fautz explained they have been "fast tracking" potential candidates and have mentored candidates who have narrowly missed passing agility tests or written tests and have recruited everywhere potential candidates may be found. Chief Fautz stated he is making the Board aware of the deviation from the normal recruiting process and asked that they endorsed his actions. There being no further discussion, the Board endorsed Police Chief Fautz' recruiting process. U.S. DEPARTMENT OF JUSTICE ASSISTANCE GRANT Community Relations Division Chief Gary Horvath presented the synopsis, timetable and budged i~or this proposed grant to the Board, which is part of the grant requirements. There being no further discussion, the Board accepted and filed the report. FILING OF MONTHLY STATISTICAL ANALYSIS RF,PORT - JANiJARY X006 President Rodriguez indicated that unless there were questions or objections by members of the Board, the statistical report for the month of January 2006 as submitted by the Police Dcpartmrnt. would be accepted for filing. There being no objections, the following report ~~-as accepted li,r I i I i n~~: YEAR TO DATE PART I OFFENSES 2004 2005 CHANGE MURDER 1 0 1 1 1 0 RAPE 4 7 + 3 4 7 ROBBERY 25 43 + 18 25 43 AGGRAVATED ASSLT 26 17 - 9 26 17 BURGLARY RES 79 151 + 72 79 15 I BURGLARY NON RES 42 41 - 1 42 4 I LARCENY 285 318 + 33 285 318 MOTOR VEH THEFT 49 56 7 49 56 ARSONS 2 8 + 6 2 8 GRAND TOTAL 513 641 + 128 513 64I CIIAtiGL - I + 19 + 18 - ~~ ,. ; I, +. 7 6 I?3 ACCEPT AND FILE 2005 SOUTH BEND POLICE TOWING STATIS"GIGS The above referred to Report was submitted to the Board, as required by Resolution No. 62-200?. Mr. Bodnar stated the annual report shows there is not a need to add additional companies to the current Towing List, as shown by the figures in the Report. The Board accepted and filed the Report. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meetin~~ adjourned at 9:32 a.m. ~~OARD OF PUBLIES~tFETY z~t~i L. Alford, Membey _ / // TT Angela K acob, Cletfl Dempsey, Member D. Cottrell, 1 1