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Home My WebLink About04/20/06 Board of Public Safety Minutesr°~ ~:.. EXECUTIVE SESSION APRIL 20, 2006 The Board of Public Safety met in the Executive Session at 8:05 a.m. on Thursday, April 20. 2006, with Board President Jesusa Rodriguez with Board Members Juanita Dempsey, Pati•icl: Cottrell and Donald L. Alford present. Also present were Fire Chief Luther Tai for and Assistant City Attorney Cheryl Greene. Police Chief Thomas Fautz and Board Attorney Thomas Bodnar were not present. The meeting was held in the Mayor's Conference Room, 14`h Floor, County City Building, South Bend, Indiana, for the purposes specified in I.C. 6-14-1.5-6.1 (b) (2) (B) ' and (b) (6) (B) and adjourned at 8:52 a.m. SPECIAL MEETING APRIL 20, 2006 A special meeting of the Board of Public Safety was convened at 8:55 a.m. on Thursday, Apri120, 2006 by Board President Jesusa Rodriguez. Board Members Donald L. Alford, Juanita Dempsey and Patrick Cottrell were present. Also present was Assistant City Attorney Cheryl Greene and Fire Chief Luther Taylor. Captain Phil Trent, Police Department, was present. Police Chief Thomas Fautz and Attorney Thomas Bodnar were not,present. Attorney Joseph Simeri was present. ADOPT RESOLUTION NO. 22-2006 -CONCERNING DRIVER'S LICENSES Attorney Greene read the Resolution. Chief Taylor stated the adoption of this Resolution is in the best interest of both Departments. Upon a motion made by Mr. Alford, seconded by Ms. Dempsey and carried, the following Resolution was adopted by the Board of Public Safety: RESOLUTION NO. 22-2006 A RESOT,iJTiON OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA CONCERNING DRIVER'S LICENSES ' WHEREAS, the Duty Manuals of the South Bend Police Department and of the South Bend Fire Department require that all members have a valid Indiana Driver's License; and WHF,RF,AS, it is possible for a member of either department to lose, temporarily, his/her driver's license, and yet be a productive member of the department; and WHEREAS, it almost inevitably takes more than thirty (30) days to brings charges against a member, hold the hearing, and enter Findings of Fact to dismiss the member from the department. NOW. THEREFORE, be is resolved by the Board of Public Safety of the City of South Bend, Indiana that the Chief of each department shall have the authority to allow a memher of that department to remain on the department subject to all of the following conditions being met: 1. There is necessary work on the department which the member can perform, which work could not be performed by an available member on light duty; and 2. 1 he amount of time the member will be on the department without a license (disciplinary suspensions, vacations or similar planned absences, and administrative leave without pay excluded) is no more than thirty (30) days; and 3. The member has notified the Chief of the circumstances which led to the loss of license at the earliest reasonable time (for example, when returning to work after being charged in a driving offense which could result in loss of license); and ~d SPECIAL MEETING APRIL 20, 2006 4. The member has never lost a driver's license on any prior occasion while on the department; and 5. The member has not been suspended for more than one eight (8) huur day in the prior two (2) years for any reason, and has not received a disciplinary demotion or disciplinary suspension in excess of five (5) days within the previous five (5) years; and 6. The Chief shall notify the Board of Public Safety prior to the suspension of license if possible, and if that is not possible, by the next meeting. The Board may overrule the Chiefs decision. Dated this 20'x' day of April 2006. CITY OF SOUTH BEND BOARD OF PUBLIC SAFETY s/Jesusa Rodriguez ,President s/Donald Alford, Member s/Juanita Dempsey ,Member s/Patrick Cottrell, Member 1 AF I~ESI~: s~nngela K..lacob, Clerk FIRE DEPARTMENT CHARGE 06-01 -GALE EVANS ~.1.: .l~~rph Simeri, ~'lttorney for the Board of Safety, stated the signed Waiver and Consent as well as the Findings of Fact had been presented to Board members regarding l;harge U6-U 1. Mr. Simeri suggested that these documents be adopted and become part of the record. Mr. Alford made a motion to adopt the Waiver and Consent and the Findings of Fact, and Mr. Simeri reviewed the Charges for the Board. Mr. Simeri stated Mr. Evans was on administrative leave without pay from December 15, 2004 through February 28, 2006, and lost $53,696.81, not counting overtime, sick day buyback, uniform allowance and other benefits. After he had successfully completed the Cuurt's drug treatment program and pursuant to a plea agreement in the the case, the rhr~ree~ a~Tainst Evans were dismissed on February 27, 2006. The parties have agreed that Gale Evans shall waive any rights he may have to wages for the period of time during which he was on administrative leave pursuant to I.C. 36-8-3-4(n), that he will cooperate fully with any requests for drug screen tests made by the Fire Chief or his designee from this date until April 12, 2007, regardless of the reason the drug screen test is requested. The parties agree that because of the two instances which were the subject vi the criminal charges and this discipline, that any failure to pass a drug screen test shall he considered a third failure for purposes of paragraph J(3) of Article 26 of the Collective Bargaining Agreement and all future Collective Bargaining Agreements that may address punishments for failing a drug screen test. The Board finds that he shall be suspended without pay from the South Bend Fire Department for a period of sixty (60) calendar days. As Gale Evens has indicated a willingness to undergo an unlimited number of drug screen tests at times chosen by the Fire Chief for any reason in addition to those tests which he may be subject to under the Collective Bargaining Agreement, the imposition of the suspension shall be delayed until !.~ !'.u!; and drug screen test or is otherwise disciplined. If he is not otherwise disciplined and does not fail a test prior to April 12, 2007, the sixty (60) day suspension, but not the finding of misconduct, shall be waived. The Board reviewed this matter, and Ms. Dempsey seconded Mr. Alford's motion, which carried. r ~~ ~~. J SPECIAL MEETING APRIL 20, 2006 CHARGE 06-04 -JAMES GADACZ Attorney Cheryl Greene read Charge 06-04: FACTUAL ALLEGATIONS On February 22, 2006, Captain James Gadacz, a sworn firefighter in the South Bend Fire Department, while off,duty, drove his private. vehicle on I-80 in the vicinity of mileage marker 88 in Elkhart County, Indiana, while intoxicated. As a result of his actions Captain Gadacz was charged with, pled guilty to and was found guilty of operating a vehicle while intoxicated, a class A Misdemeanor in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. COUNTI The conduct of Captain James Gadacz violates I.C. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and he violated Rule 300.00(1) and 300.00(11)(A) of the South Bend Fire department Duty Manual. COUNT II The conviction of Captain James Gadacz in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006 is a violation of I.C. 36-8-3-4(b)(1). It is the recommendation of Chief Taylor that James Gadacz be suspended from duty without pay for twenty (20) calendar days; a reduction in rank from Captain to Engineer for a period of six (6) months effectively immediately; and a successful completion of the Employee Assistance Program. Mr. Gadacz is currently enrolled in the Employee Assistance Program at Madison Center, and it is recommended that he successfully complete the program as recommended by Madison Center. President Rodriguez instructed the Clerk to serve the appropriate paperwork to Mr. Gadacz. CHARGE 06-04 -JOHN SZUCS Attorney Cheryl Greene read Charge 06-04. FACTUAL ALLEGATIONS On March 18, 2006, Captain John Szucs, a sworn firefighter in the South Bend Fire Department, while off duty, drove his private vehicle in the vicinity of U.S. 31 and U.S. 20 in St. Joseph County, Indiana while intoxicated. As a result of his actions Captain Szucs was charged with, pled guilty to and was found guilty of operating a vehicle while intoxicated. a Class C Misdemeanor in Cause No. 71D01-0603-CM-02224 in the St. ,ioseph Superior Court on April 10, 2006. COUNT I The conduct of Captain John Szucs violates I.C. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a sworn firefighter and he violated Rule 300.00(1) of the South bend Fire Department Duty Manual. COUNT II The conviction of Captain John Szucs in Cause No. 71D01-0603-CM-02224, St. Joseph Superior Court on April 10, 2006 is a violation of LC. 36-8-3-4(b)(1). It is the recommendation of Chief Ta for that John Szucs be sus ended from dut ' Y P Y without pay for twenty (20) calendar days; a reduction in rank from Captain to Engineer for ~a period of six (6) months effectively immediately; and a successful completion of the Employee Assistance Program. He is currently enrolled in the Employee Assistance Program at Madison Center, and it is recommended that he successfully complete the program as recommended by Madison Center. President Rodriguez instructed the Clerk to serve the .appropriate paperwork to Mr. Gadacz. n~ . - ~, SPECTAT, MF,F.,TING APRIL 20, 2006 POLICE DEPARTMENT CI IARGE 06-02 -JOSEPH MUSZER The Board of Public Safety set a hearing date in the matter of Charge 06-02 for Joseph Mus~.er. "the hearing date is set for May 5, at 1:30 p.m. ACCEPT CORRECTION LETTER -JOSEPH MUSZER Ms. Barb Holleman, Police Chief's Administrative Assistant, submitted a correction letter regarding an incident with Corporal Joseph Muszer. The letter dated April 5, 2006, incorrectly stated the time of incident as 7:00 p.m.; the actual time was approximately 9:40 p.m. Upon a motion made by Mr. Cottrell, seconded by Ms. Dempsey, the curr~cii~m was accepted. ADJOURNMENT Thcrc hcing nn further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:10 a.m. BOARD OF PUBLIC SAFETY Jess Rodriguez, Presi nt Donald L. Alford, tuber 1 AT E T: ~- Angela K. acob, C1 o, anita Dempsey, Membe-r~~- ~~/` ~` Patrick Cottrell, Mem er Bruce J. Bondurant ~ke.~c~