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HomeMy WebLinkAbout05/17/06 Board of Public Safety Minutes EXECUTIVE SESSION MAY 17, 2006 The Board of Public Safety met in Executive Session on Wednesday, May 17, 2006, at 8:00 a.m. 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. 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 during parts of the session were Police Chief Thomas H. Fautz, Board Attorney Thomas Bodnar and Attorney Michael Tuszynski. In addition, Attorney Joseph Simeri was present. Board members did not discuss any subject matter other than the subject matter as specified in the Public Notice. The meeting adjourned at 8:42 a.m. BOARD OF PU LI SAFETY J sus Rodriguez, re ' , Donald L. Alford, M er anita Dempsey, Member Patrick D. Cottrrell, Member '`l Bruce J. BonDurant, Member EST: n . ~, Angela acob, Clerk SPECIAL MEETING MAY 17, 2006 The Board of Public Safety met in a special meeting at 8:45 a.m. on Wednesday, May 17, 2006, with President Jesusa Rodriguez and Board Members Juanita Dempsey, Donald Alford, Bruce J. BonDurant and Patrick D. Cottrell present. Also present were Fire Chief Luther Taylor, Police Chief Thomas H. Fautz and Board Attorney Thomas Bodnar. In addition, Attorney Joseph Simeri was present. The meeting was held in the Board of Public Building, South Bend, Indiana. FIRE DEPARTMENT Works Meeting Room, 13`h Floor, County-City FILING OF CHARGES 06-05 -JAMES BURKUS President Rodriguez instructed the Clerk to serve and file Charges on James Burkus. Mr. Thomas Bodnar stated that the Charges have already been served. Attorney Chip Lewis was present to represent Captain Burkus in this matter and stated that Captain Burkus does not wish to have a hearing. Mr. Bodnar filed a Motion to Amend and stated that the parties have stipulated to amend the charges. The amendment states that any references to Charge 06-OS being a Class A Misdemeanor be changed to a Class C Misdemeanor. Upon a motion by Mr. Cottrell, seconded by Mr. Alford and carried, the Amendment to Charge 06-OS was accepted and approved. FILING OF FINDINGS OF FACT -CHARGE 06-03 -JOHN P. •SZUCS President Rodriguez stated that the board is in receipt of the Findings of Fact for John P. Szucs. Upon a motion by Mr. Cottrell, seconded by Mr. Alford and carried, the Findings of Fact were accepted for incorporation into the minutes as follows: r~~~ ~.. V r SPECIAL MEETING CITY OF SOUTH BEND ST. JOSEPH COUNTY IN THE MATTER OF THE CHARGES AGAINST JOHN P. SZUCS SS: MAY 17, 2006 TO THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA CHARGE NO. 06-03 FINDINGS OF FACT The Board of Public Safety makes the following Findings of Facts in this case on the 17th day of May, 2006: 1. The City of South Bend by its Fire Chief, Luther Taylor, filed charges on Apri120, 2006 against John P. Szucs pursuant to I.C. 36-8-3-4. 2. Said charges are attached hereto and included herein. 3. John P. Szucs was served with a copy of the charges on Apri122, 2006. 4. Although five days have passed, no request for hearing has been filed. 5. At its May 3, 2006 meeting, the Board of.Public Safety amended the Fire Chiefs recommendation, and Capt. John P. Szucs was served with notice of this motion and recommendation on May 5, 2006. 6. On May 5, 2006 Capt. John P. Szucs consented in writing to the amended recommendation. 7. During 2006, John P. Szucs was a sworn member of the South Bend Fire Department holding the rank of Captain. 8.On March 18, 2006 Capt. John P. Szucs was driving his private automobile while off duty in the vicinity of U.S. 31 Bypass and U.S. 20 in St. Joseph County Indiana. 9. When driving his automobile in the vicinity of U.S. 31 Bypass and U.S. 20 on March 18, 2006, Capt. John P. Szucs was intoxicated. d 0. Because of hisactions on March 18, 2006 John P. Szucs was charged with a Class C Misdemeanor in Cause No. 71D01-0603-CM-02224 in the St. Joseph Superior Court on March 22, 2006. 11. Capt. John P. Szucs pled guilty to operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71 DO1-0603-CM-02224 in the St. Joseph Superior Court on March 29, 2006. ' 12. Capt. John P. Szucs was found guilty of operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71 DO 1-0603-CM-02224 in the St. Joseph Superior Court on March 29, 2006. 13. Indiana Code 9-30-5-1 makes it a crime, a Class C Misdemeanor, to operate a vehicle with an alcohol concentration equivalent to at least 0.08. 14. The action of Capt. John P. Szucs were prohibited by Indiana law and therefore violated Section 300.00(1) of the South Bend Fire Department Duty Manual. ^ ^ t 15. The actions of Capt. John P. Szucs on March 18, 2006 constituted conduct unbecoming a firefighter of the South Bend Fire Department. SPECIAL MEETING MAY 17, 2006 '16. The actions of'Capt. John P. Szucs on March 18, 2006 constituted conduct which reflected unfavorably on the South Bend Fire Department and therefore violated Section 300.00(11) of the South Bend Fire Department Duty Manual. 1 1 17. On March 18, 2006 Capt. John P. Szucs consumed an excessive amount of alcoholic beverages and therefore violated Section 300.00(11)(A) of'the South Bend Fire Department Duty Manual. WHEREFORE, the Board finds that for his actions Capt. John P. Szucs shall be demoted to the rank of Engineer in the South Bend Fire Department for an indefinite period commencing immediately and shall also be suspended without pay from the South Bend Fire Department for a period of twenty (20) consecutive calendar days to begin on a date chosen by the Fire Chiefand shall complete an E.A.P, program. Dated this 17`x' day of May, 2006. ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC SAFETY s/Jesusa Rodiquez, President s/Donald Alford, Member s/Juanita Dempsey, Member s/Patrick Cottrell, Member (Noted Opposed) sBruce J. BonDurant, Member President Rodriguez stated that the Board has determined the following disciplinary action: 1. John Szucs be suspended from duty without pay for twenty (20) consecutive calendar days; 2. John Szucs shall be reduced in rank from Captain to Engineer effective immediately; and 3. John Szucs shall complete an EAP program Upon a motion by Mr. Cottrell, seconded by Mr. BonDurant, and carried, the above discipline was approved. FILING OF FINDINGS OF FACT -CHARGE 06-04 -JAMES GADACZ President Rodriguez stated that the board is in receipt of the Findings of Fact for James Gadacz. Upon a motion by Mr. Cottrell, seconded by Mr. Alford and carried, the Findings of Fact were accepted for incorporation into the minutes as follows: CITY OF SOUTH BEND ST. JOSEPH COUNTY IN THE MATTER OF THE CHARGES AGAINST JAMES GADACZ SS: TO THE BOARD OF PUBLIC SAFETY OF THE CITY OF-SOUTH BEND, INDIANA CHARGE NO.06-04 1 FINDINGS OF FACT The Board of Public Safety makes the following Findings of Facts in this case on the 17th day of May, 2006: 1. The City of South Bend by its Fire Chief, Luther Taylor, filed charges on Apri120, 2006 against James Gadacz pursuant to I.C. 36-8-3-4. r - .; ~ ; 2. Said charges are attached hereto and included herein. r ~- ~. ~ SPECIAL MEETING MAY 17, 2006 3. James Gadacz was served with a copy of the charges on Apri125, 2006. 4. Although five days have passed, no request for hearing has been filed. 5. At its May 3, 2006 meeting, the Board of Public Safety amended the Fire Chiefs recommendation, and Capt. James Gadacz was served with notice of this motion and recommendation on May 5, 2006. 6. On May 5, 2006 Capt. James Gadacz consented in writing to the amended ' recommendation. ' 7. During 2006, James Gadacz was a sworn member of the South Bend Fire Department holding the rank of Captain. 8. On February 22, 2006 Capt. James Gadacz was driving his private automobile while off duty on I-80 in the vicinity of mileage marker 88 in Elkhart County Indiana. 9. When driving his automobile on I-80 in the vicinity of mileage marker 88 on February 22, 2006, Capt. James Gadacz was intoxicated. ._ 10. Because of his actions on February 22, 2006 James Gadacz was charged with a Class A Misdemeanor in Cause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on March 1, 2006. 11. Capt. James Gadacz pled guilty to operating a vehicle while intoxicated, a Class A Misdemeanor inCause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. 12. Capt. James Gadacz was found guilty of operating a vehicle while intoxicated, a Class A Misdemeanor inCause No. 20D06-0602-CM-00089 in the Elkhart Superior Court on Apri15, 2006. 13. Indiana Code 9-30-5-1 makes it a crime, a Class A Misdemeanor, to operate a vehicle with an alcohol concentration equivalent to at least 0.08. ' 14. The action of Capt. James Gadacz were prohibited by Indiana law and therefore violated Section 300.00(1) of the South Bend Fire Department Duty Manual. '15. The actions 'of Capt. James Gadacz on February 22, 2006 constituted conduct unbecoming a firefighter of the South Bend Fire Department. 16. The actions of Capt. James Gadacz on February 22, 2006 constituted conduct which reflected unfavorably on the South Bend Fire Department and therefore violated Section 300.00(11) of the South Bend Fire Department Duty Manual. 17. On February 22, 2006 Capt. James Gadacz consumed an excessive amount of alcoholic beverages and therefore violated Section 300.00(11)(A) of the South Bend Fire Department Duty Manual. WHEREFORE, the Board finds that for his actions Capt. James Gadacz shall be demoted to the rank of Engineer in the South Bend Fire Department for an indefinite period commencing immediately and shall also be suspended without pay from the South Bend Fire Department for a period of twenty (20) consecutive calendar days to begin on a date chosen by the Fire Chief and shall complete an E.A.P. program,.' Dated this 17t" day of May, 2006. BOARD OF PUBLIC SAFETY sJJesusa Rodiquez, President s/Donald Alford, Member s/Juanita Dempsey, Member s/Patrick Cottrell, Member (Noted Opposed) s/Bruce J. BonDurant, Member ATTEST: s/Angela K. Jacob, Clerk ~~~ SPECIAL MEETING ~ MAY 17, 2006 '~ ~ President Rodriguez stated that the Board has determined the following disciplinary action: 1. James Gadacz be suspended from duty without pay for twenty (20) consecutive calendar days; 2. James Gadacz shall be reduced in rank from Captain to Engineer effective immediately; and 3. James Gadacz shall complete an EAP program. ' ' Upon a motion by Mr. Cottrell, seconded by Mr. Alford, and carried, the above discipline .was approved. FILING OF CHARGES 06-06 -BRIAN BARTLETT President Jesusa Rodriguez stated Chief Luther Taylor submitted Charges against Engineer Brian Bartlett as follows: FACTUAL ALLEGATIONS On September 23, 2006, 2005 Engineer Brian T. Bartlett was found guilty of committing a battery upon Rachelina Bartlett in violation of Florida Statute, F.S. 784.03, First Degree Misdemeanor in the County Court of the 12`h Judicial Circuit in and for Collier County Florida, Cause No. OS-001159- MM-0. It is the'recommendation of l/hief Taylor that Engineer Bartlett be suspended from duty without pay 1'or twenty (20) consecutive calendar days. Chief Taylor stated that Engineer Bartlett has also provided a certificate of completion dated October 21, 2005 for a Battery Intervention Program. There being no further discussion, the Board accepted the Charges for filing, and instructed the Clerk to serve the appropriate paperwork. POLICE DEPARTMENT ' HEARING -CHARGE 06-03 =JOSEPH MUSZER President Rodriguez advised that this was the date set for the Board's Public Hearing concerning the matter of Charge 06-03 against Corporal Joseph Muszer, South Bend Police Department. President Rodriguez acknowledged and introduced Board Members Juanita Dempsey, Mr. Donald Alford, Mr. Patrick Cottrell, and Mr. Bruce J. BonDurant. Attorney Joseph Simeri, acting Board of Public Safety Attorney, was present. In addition, Corporal Musze>• and his Attorney, Attorney:Michael Tuszynski, of William P. Stanley & Associates, was present, as was Attorney Thomas Bodnar and Police Chief Thomas Fautz. Ms. Jane Hoffman, Midwest Reporting, was present as court reporter for the Hearing. Mr. Simeri read the charges as follows: FACTUAL ALLEGATIONS ' On February 20, 2006, Cpl. Joseph Muszer, an officer in the South Bend Police Department, while off duty and driving a police vehicle owned by the City of South Bend, drove that vehicle to the intersection of Miami and Ireland Streets, South Bend, Indiana, while intoxicated. At that time Cpl. Muszer exited the vehicle and urinated next to the vehicle. As a result of his actions Cpl. Muszer was charged with and pled guilty and was found guilty of operating a vehicle while intoxicated, a Class C Misdemeanor in Cause No. 71D01-0602-CM-01486 in the St. Joseph Superior Court on March 20, 2006. COUNTI ~- The conduct of Cpl. Joseph Muszer violated LC. 36-8-3-4(b)(2)(B) and (H) because his conduct was unbecoming a police officer and he violated Rules 301.06, 302.00(A)(1)(2) and (3), and Section 441.00(1) and (8) of the South Bend Police Department Duty Manual. COUNT II The conviction of Cpl. Joseph Muszer in Cause No. 71D01-0602-CM-01486, St. Joseph Superior Court on March 20, 2006 is a violation of I.C. 36-8-3-4(b)(1). r r- °-~. SPECIAL MEETING will begin immediately. MAY 17, 2006 Chief Fautz recommended that he be suspended from duty without pay for twenty (20) calendar days and be demoted to Patrolman for a period of six (6) months to begin immediately. In addition, Chief Fautz will also impose a two year loss of his take-home vehicle which will be reduced to one (1) year after successful completion of an Alcohol Program. This loss of his take-home car privileges Upon a motion by Mr. Alford, seconded by Ms. Dempsey and carried, the charges were accepted and incorporated into the minutes. President Rodriguez stated That the Board has determined the following disciplinary action: Joseph Muszer be suspended from duty without pay for thirty days (30) days effective May 18, 2006; Joseph Muszer shall be reduced in rank from Corporal to Patrolman effective May 18, 2006 and effective for six (6) months; and Joseph Muszer shall complete an EAP program: Upon a motion by Mr. BonDurant, seconded by Mr. Alford and carried, the above disciplinary action. was approved. The Hearing adjourned at 9:14 a.m. PRIVILEGE OF THE FLOOR Mr. Ken Marks from the Firefighters Union Loca1362 requested further information regarding tt;e Findings of Fact for Charges 06-03 and 06-04. He stated that at the last meeting the suspensions far the firefighters were for six (6) months; however the new disciplines are indefinite. Ms. Rodriguez stated that the change in length of time for the disciplines is to leave the promotion option open instead of confining the police officer or firefighter to that promotion. ADJOURNMENT There being no further business to come before the Board, President Rodriguez declared the meeting adjourned at 9:16 a:m. BOARD OF PUB ETY J sus Rodriguez, President A TES ~~ '~- ~~ Angela .Jacob, Cl 1 1 1 ~ ~. ~ ~ ~- Bruce J. BonDurant, Member