2025 06-03 Police Merit Board Meeting Minutes

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JUNE 03, 2025 6 Gene Eyster asked if the wording could be changed to say either in person or virtual, so it clarifies what present is. Attorney Connell advised that is say in attendance, so that anyone online is considered in attendance. Attorney Taylor finished covering the procedures and the applicable ordinance and relevant statutes, but wanted to draw attention to the Commissioner training that highlights the conflict of interest policy, the importance of keeping information confidential, especially information that is shared in executive session. Upon a motion made by Gene Eyster, seconded by Pam Claeys, and carried by roll call, the board approved the bylaws with minor amendments. E. APPROVE RULES Attorney Taylor referred to Attorney Connell for an explanation of the rules. Attorney Connell, the Assistant City Attorney for the Police Department, explained that hiring and firing procedures are largely governed by the ordinance established by the Merit Board, not the administration. Most processes follow the South Bend Police Department’s procedures, leaving little room for flexibility. While the administration is open to discussions about process changes, the ordinance gives final authority to the administration, not the Merit Board. Connell clarified that she is a liaison, not an expert, and that specifics should be addressed by the chief. The discipline and hearing processes will follow the same legal code as the Board of Public Safety but will now fall under the Merit Board's authority. Chief Ruszkowski noted that there are a couple of changes that need to be made, one under 7.E.1, the word review should be underlined. This has caused a point of contention internally with some of the officers thinking that they would get a hearing with a discipline for five days or less. They get a review, but no hearing is involved. Then there is a scrivener’s error under 8.A.7 the word “issue” should be “issued”. Dan Jones asked which board would handle a request for a hearing on a discipline. Attorney Connell advised that any that are currently pending would stay with the Board of Public Safety. That would keep within the thirty (30) days. Gene Eyster asked if there has ever been an issue with the understanding of thirty (30) calendar days or business days. Attorney Connell advised that the legal interpretation that is, unless it specifies business days, that it means calendar days. She added that this is something that is up to the discretion of the Merit Board whether to add “calendar days”. Chief Ruszkowski stated that they have had issues with notices and grievances on whether is calendar days or business days. Gene Eyster noted that it wouldn’t hurt to clarify calendar days. Pam Claeys asked how long a typical hearing takes. Attorney Connell briefly explained how a hearing works with Dan Jones providing his experience with a past hearing that lasted two (2) days.