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REGULAR MEETING NOVEMBER 22, 2004 <br /> There was no one else present wishing to speak in opposition to this bill. <br /> In rebuttal, Councilmember Puzzello stated that a few of the changes include revising a <br /> paragraph regarding board composition. So that it would not only be limited to a <br /> firefighter or police office of the City of South Bend, so that it could incorporate the <br /> Public Safety area of the wider community. The substitute bill incorporates a revised <br /> paragraph addressing term of appointments and eliminates the previous suggested term <br /> lengths restricting the amount of time a board member could serve and includes the <br /> language that such board appointments shall serve at the will of the Mayor. <br /> Councilmember Puzzello stated again that she believes this bill is a good bill, because it <br /> gives more information to the public and gives more information to the Board of Public <br /> Safety. The bill does not divide anyone, it allows people who are outside the City of <br /> South Bend to serve on the Board, and work with the Community. <br /> Councilmember Derek Dieter disclosed that he is a member of the South Bend Police <br /> Department and after consulting with Council Attorney Kathleen Cekanski-Farrand it <br /> was determined that there is no conflict of interest. <br /> Councilmember Al `Buddy" Kirsits disclosed that he is a member of the South Bend Fire <br /> Department and after consulting with Council Attorney Kathleen Cekanski-Farrand it <br /> was determined that there is no conflict of interest. <br /> Council President Karen White thanked Councilmember Puzzello for her efforts; <br /> however, she believes that Substitute Bill 70-04 is not a good bill. Council President <br /> White stated that when you look at some of the components in the bill for example the <br /> paragraph that indicates that it would provide greater detail for the public, she would like <br /> to have further discussion on this to find our what sector of the public that it is speaking <br /> about. Clearly there are some challenges that we have as a Community as we begin to <br /> look at relationships within certain segments of the public as it pertains to Public Safety. <br /> The term of the appointment is not the issue, the issue is that we as a Council require that <br /> one of the five seats should be that of a person that has a public safety background. <br /> Council President White stated that she doesn't believe in this day and age that that is the <br /> direction that we as a Council or as a City should be leaning towards. Council President <br /> White stated that she publicly supports a Citizens Review Board for a number of reasons, <br /> but at this time she will not support this bill. She advised that she does not believe that it <br /> is in the best interest of this City as well as the Council. <br /> Councilmember Kelly stated that he is not in favor of Substitute Bill 70-04. This bill <br /> inhibits the Mayor to make appointments and creates some problems with some segments <br /> of our population that we are trying to resolve. <br /> Al `Buddy" Kirsits stated that the Board of Public Safety is created by State Law and is <br /> here to stay, however, he also believes that a Citizens Review Board is needed. <br /> Nevertheless, the Board of Public Safety desperately needs to be expanded to a five (5) <br /> member board. The current board has trouble making a quorum. Councilmember <br /> Kirsits stated that for over twenty (20) years,Jack Bland, a retired Fire Chief has served <br /> successfully on the Board of Public Safety. Mr. Bland held Police Officers and Fire <br /> Fighters to a higher standard than the civilian members of the Board. Councilmember <br /> Kirsits stated that he remembered numerous times when the recommendation was 2-1 to <br /> fire the offending Firefighter or Police Office to relieve him/her of their job and the <br /> civilian members of the Board of Public Safety voted to keep that person on. The real <br /> problem has been the lack of taking Fire Fighters and Police Officers that are involved in <br /> misconduct directly to the Board of Public Safety and letting the chips fall where they <br /> may. Too many disciplinary actions have been done in house. A member of the Board <br /> of Public Safety that has a background in Public Safety is going to hold that Firefighter or <br /> Police Officer to a higher standard than a civilian member will. <br /> Councilmember Varner stated that when we talk about rights of individuals in segments <br /> of the community we have to talk about all the rights. Police Officers and Firefighters <br /> are entitled to have someone sitting on that Board particularly, since it handles <br /> disciplinary procedure and because it handles hiring and firing. The views of this person <br /> 9 <br />