01202021 Board of Public Safety Meeting

Home Browse Search

JANUARY 20, 2021 3 he should have never left the Department. Upon a motion by Mr. Miller, seconded by Mr. Jones, and carried by roll call, the promotion was approved. 5.(a) APPROVE APPLICATION AND DECLARATION FOR RETIREMENT – LIEUTENANT PHILIP TRENT Police Chief Scott Ruszkowski submitted to the Board the Application and Declaration for Retirement for Lieutenant Philip Trent effective January 18, 2021. Chief Ruszkowski stated he is retiring from the department in good standing after serving for thirty-three (33) years. He joined the Board in wishing him success in his future endeavors and thanking him for his many years of service with the South Bend Police Department. Upon a motion made by Mr. Heller, seconded by Mr. Miller, and carried by roll call, the application and declaration for retirement was approved. (b) APPROVE APPLICATION AND DECLARATION FOR RETIREMENT – SERGEANT BLAIR FLEMING Police Chief Scott Ruszkowski submitted to the Board the Application and Declaration for Retirement for Sergeant Blair Fleming effective February 10, 2021. The Chief stated he would submit an amended letter, as the current version did not have the correct date. Chief Ruszkowski stated Blair Fleming is retiring from the department in good standing after serving for twenty-seven (27) years. He joined the Board in wishing him success in his future endeavors and thanking him for his many years of service with the South Bend Police Department. Mr. Jones commented on the length of service and the positive reflection such a duration is upon the Department. Upon a motion made by Mr. Heller, seconded by Mr. Miller, and carried by roll call, the application and declaration for retirement, pending receipt of an amended letter, was approved. 6.APPROVE CHIEF’S LETTER RECOMMENDING DISCIPLINARY ACTION – OFFICER JAMES SWEENEY In a letter to the Board, Police Chief Scott Ruszkowski recommended disciplinary action in the form of a fifteen (15) day suspension of Officer James Sweeney, in accordance with the Discipline Matrix. In response to a question from Chief Ruszkowski, Attorney Weiss confirmed that this record is subject to public disclosure and that the reasons for the discipline were enumerated in the letter. Mr. Heller inquired regarding Officer Sweeney’s prior disciplines, and Chief Ruszkowski confirmed that former disciplines from 2000, 2002, and 2011, and associated corrective actions were administered. Chief Ruszkowski incorporated these aggravating and mitigating factors in his discipline, per the Matrix. Mr. Heller confirmed that Officer Sweeney did not request a hearing before the Board; Chief confirmed this is correct. Upon a motion by Mr. Jones, seconded by Mr. Miller, and carried by roll call, the Letter Recommending Disciplinary Action was approved. 7.RECEIVE LEXIPOL POLICY UPDATES Attorney Weiss clarified that this agenda item should be revised to state “Receive” Lexipol Policy Updates, rather than to “Approve” them, as the Board will need to ask questions and review the policies before approving. Attorney Martinez referred the Board to the “Digest” provided to them, which summarizes the changes made to each policy. Mr. Taylor began reading the names of the revised policies, and Mr. Heller asked questions specific to some of the policies: 301.3.3: Restraint of Juveniles: Age was changed from 10 to 14; why was that change made? Chief Ruszkowski and Attorney Martinez noted the policy change was due to a change in law. 301.7: Required Documentation: Mr. Heller inquired about the definition of Code 1 and Code 2. Chief Ruszkowski explained that a Code 1 is an informal report, noted in the comments section as well as a form that is internal. For lack of a better term, Code 1 is “unarrested.” City Legal and Internal Affairs are notified. Code 2 report is a formal report. Attorney Martinez noted this keeps our department in line with national best practices. Mr. Heller then asked about the amount of time a person is restrained having been removed from reports; Chief Ruszkowski said that he suggested this removal due to in-car cameras and body cameras and the requirement to notify dispatch from the time “10-12,” meaning arrest, or that a person is detained or in custody, from the time they are transported to jail. This information is all documented via technology and verbally via radio which is also time