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HomeMy WebLinkAbout2025 04-02 Fire Merit Commission Meeting Minutes - Final APRIL 02, 2025 1 I. REGULAR MEETING The Fire Merit Commission met at 2:00 p.m. on Wednesday, April 02, 2025 with Commissioners John Pinter, Dan Jones, and Kenneth Marks present. Also, Fire Chief Carl Buchanon, Assistant City Attorney Adam Taylor, Assistant City Attorney Kylie Connell and Commission Clerk Theresa Heffner were present. The meeting was held at the Central Fire Station, 1222 Michigan St., Classroom #1, South Bend, Indiana and virtually via Microsoft Teams at the following link: https://tinyurl.com/FireMerit4225 Commission Attorney Connell read through the agenda and asked if there were any additions or corrections. A. INTRODUCTION Attorney Connell, the assistant city attorney, called the meeting to order and confirmed the presence of commissioners John Pinter, Dan Jones, and Kenneth Marks. Kenneth Marks was sworn in as a new member. She confirmed Kenneth Marks' appointment by the Common Council and proceeded to swear him in. Kenneth Marks took the oath, agreeing to execute the duties of the Commission to the best of his abilities, abide by the rules and regulations of the South Bend Fire Department Merit Commission, the ordinances of the city of South Bend, state laws, and the Constitution of Indiana and the United States. B. ROLL CALL OF MEMBERS Attorney Connell called roll and confirmed the presence of the Commissioners. C. SET SCHEDULE OF MEETINGS Attorney Connell proposed the first Wednesday of every month at 2:00 PM at the Central Fire station as the regular meeting time. The commissioners agreed to this schedule, noting it worked well for them. She stated that an official motion was not needed for setting the schedule. D. PROPOSED BYLAWS Attorney Connell reviewed the proposed bylaws article by article, discussing the roles and responsibilities of the commissioners, officers, meeting procedures, quorum requirements, rules and procedures, records, budget, hearings, conflict of interest, and confidentiality. She highlighted the need for corrections and further review. 1. Article 2 discussed the roles of commissioners, including familiarity with the collective bargaining agreement, policies of the fire department, and city ordinances. It confirmed the commission consists of five members. 2. Article 3 outlined the duties of the President, Vice President, and Secretary. The President presides over meetings, the Vice President acts in the President's absence, and the Secretary supports the Commission clerk. 3. Article 4 detailed meeting procedures, including notice requirements, conduct following Roberts Rules of Order, public comment limitations, agenda preparation, and minutes creation. 4. Article 5 defined quorum requirements, stating a majority of commissioners is needed to transact business, and official actions require a majority vote of all commissioners. 5. Article 6 granted the commission the ability to draft and publish rules for hiring, firing, discipline, and promotion processes, with amendments taking effect 30 days after adoption. 6. Article 7 and 8 covered record maintenance by the city and the potential need for a budget for the commission's duties, separate from the fire department's budget. APRIL 02, 2025 2 7. Article 9 addressed conflict of interest, requiring commissioners to disclose any conflicts, and adherence to the city's ethics code, including prohibitions on accepting gifts. 8. Article 10 emphasized confidentiality, prohibiting commissioners from sharing misconduct information outside of commission duties. 9. Article 11 prohibited commissioners from furnishing information to applicants, with violations potentially resulting in removal or criminal charges. 10. The board decided to table the bylaws until the next meeting to allow for further review and corrections, with a clean copy to be provided for the next meeting. The board decided to table the bylaws until the next meeting to allow for further review and corrections. Upon a motion to table by John Ginter and seconded by Dan Jones, and carried by roll call, the bylaws were tabled. E. PROPOSED RULES Attorney Connell provided an overview of the proposed rules and regulations, including applicant requirements, hiring process, performance evaluations, promotional process, disciplinary actions, rehiring of previous merit firefighters, and lateral hire requirements. 1. Section 2 laid out the applicant requirements for the fire department, detailing the standards and steps in the hiring process. 2. Section 3 described the performance evaluations required under the merit code, outlining how they would be conducted. 3. Section 4 detailed the promotional process, including the rank of captain, criteria for promotion, and the need for a career development manual. The fire department confirmed the manual is being revised. 4. Section 5 covered disciplinary actions, noting the intent to pass the discipline matrix alongside the rules and regulations, and emphasizing the need to refer to the code for executing discipline. 5. Sections 6 and 7 outlined the framework for rehiring previous merit firefighters and the criteria for lateral hires. Since there was no privilege of the floor for the public to speak, Eric Griffin, president of South Bend Firefighters Local 362, asked if he would be allowed to speak to the commissioners. Upon a motion by John Ginter, seconded by Dan Jones, Mr. Griffin was given permission to speak. Eric Griffin, president of South Bend Firefighters Local 362, provided feedback on the proposed rules and regulations, highlighting previously discussed promotional process percentages agreed upon within labor management. He also emphasized the importance of formal training for the Merit Board. The board agreed to consider the feedback and schedule a training session before implementing the rules and regulations. He also requested the opportunity for the union's legal counsel to review the documents and provide recommendations. The commissioners will review the rules and regulations and discuss them further at the next meeting, with copies to be sent out for review and edits. F. ELECT PRESIDENT, VICE PRESIDENT, AND SECRETARY The board elected Dan Jones as President, Kenneth Marks as Vice President, and John Pinter as Secretary. Upon a motion by John Ginter, seconded by Kenneth Marks, Dan Jones was elected APRIL 02, 2025 3 President, Kenneth marks as Vice President and John Ginter as Secretary. G. OTHER BUSINESS – TRANSITION TO MERIT BOARD Attorney Connell explained the transition of duties from the Board of Public Safety to the Merit Board, including the need for a resolution to confirm the transition. The board discussed the timeline and agreed to aim for completing the transition by July. H. ADJOURNMENT There being no further business to come before the Commission, upon a motion by Kenneth Marks, seconded by John Pinter, and carried by roll call, the meeting was adjourned at 2:55 p.m. After the meeting there will be a brief orientation for the members only. This will be an orientation on their role and responsibilities. This orientation is not a public meeting pursuant to I.C. § 5-14- 1.5-2 (c)(6). FIRE MERIT COMMISSION Daniel Jones, President _________________________________ John Pinter, Secretary ______________________________ Kenneth Marks, Vice President ATTEST: ___________________________ Theresa Heffner, Commission Clerk