Board of Public Works and Safety

MINUTES OF THE REGULAR MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA February 6, 2013 Call to Order – Moment of Silence: Mayor Snedecor called the meeting to order at 4:01 p.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mayor Snedecor, Mr. Lain and Mr. Ehrhardt. Also present: Attorney DeBonis, Clerk-Treasurer Longer and Trish White, C-T Admin. Asst. Reading of Minutes: Motion by Mr. Lain, seconded by Mr. Ehrhardt, to accept and approve the Regular Meeting minutes of January 16, 2013 as presented. All aye, motion carried. (3-0) Correspondence: There was no correspondence. Mayor Snedecor brought attention to a shadow box on display with a mallet made of wood from the Old Mill that burned down. He will display this in a prominent place. Approval of Claims: Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept and approve the claims lists and payroll claims lists as presented. All aye, motion carried. (3-0) Approval of Agenda: Mr. Snedecor requested the following additions to the agenda: HPD request for unpaid Administrative leave and Acceptance of K-9 “Spike”. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the agenda as amended. All aye, motion carried. (3-0) Unfinished Business: There was no unfinished business. New Business: Hobart Police Dept. Request for Acceptance of K-9: Officer Ryan Snedecor was present with K-9 Spike. Spike was born 1/27/2012, he will be used as a full service patrol dog. He was purchased with the money that was donated by the Hobart FOP #121. Spike and Scout will be in training together and will be certified at the end of training. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to accept Spike into the K-9 Unit. All aye, motion carried. (3-0) Request for a Stop Sign: Home Ave. and Washington Street: Chief Thompson stated that he has been this location 3-different times since this request came in and he recommends a 4-way stop. Mr. Dubach stated it is not normal practice for them to put in stop signs but in this case he is in favor of it. Attorney DeBonis stated this should go before the Common Council Ord. Committee as it involves a potential penalty and requires an ordinance. Motion by Mr. Lain, seconded by Mr. Ehrhardt, to recommend approval of this request to the Common Council. All aye, motion carried. (3-0) Hodge Tree Service: Proposed Structure for 2013 Urban Forestry Consulting: Mr. Hodge was present. The contract amount is $6,700 remaining the same as 2012. Mr. Dubach stated when the public calls him he goes out looks at the site and a lot of times calls out Hodge Tree Service to consult and he recommends renewal. Discussion pertaining to the emerald ash infestation took place. Motion by Mr. Ehrhardt, seconded by Mr. Lain, to approve the 1 yr contract as presented. All aye, motion carried. (3-0) Board of Works Minutes: Feb. 20, 2013 1 Hobart Fire Department: Request to promote to fill two open Captain positions: Fire Chief Brian Taylor requested the authority to promote Lt. Mark Slonaker and Lt. Robert Lamprecht to the rank of Captain in the two open positions as these men are currently ranked one and two on the promotional list. Attorney DeBonis explained the City Council will be considering an ordinance later this evening to limit the number of those holding rank in the Fire Department but this will not prevent these two firefighters from being promoted to the rank of Captain. Attorney DeBonis recommended that action of the Board of Works should include a proviso that if the Ordinance passes at the Council, these promotions will not create vacancies that must, in turn, be filled under the new ordinance. Motion by Mr. Lain, seconded by Mr. Ehrhardt, that Lt. Mark Slonaker and Lt. Robert Lamprecht are promoted to the rank of Captain of the Hobart Fire Department, and that such promotions are made with the proviso that they be subject to the effect of Council Ordinance 2013-05 should it be enacted by the City Council. All aye, motion carried. (3-0) City Attorney Appointment Agreement: Anthony DeBonis, Jr. & Associates Attorneys at Law, LLC: Attorney DeBonis stated page 4 needs to be amended in the agreement as he is asking the City to pay for two (2) conferences that are part of the legal program not just one (1). Motion by Mr. Lain, seconded by Mr. Ehrhardt, to approve the City Attorney Agreement between the City, through its executive and the City Attorney as amended. All aye, motion carried. (3-0) Hobart Police Department: Request for Authorization to Impose Unpaid Administrative Leave – Officer Kirk Homoky: Acting Police Chief Van Thompson, with his attorney, Dan Whitten, stated Officer Homoky had been placed on paid administrative leave on Monday, February 4th, when the Department was notified that the Lake County Prosecutor’s Office had filed three felony criminal charges against Mr. Homoky, including theft and fraud of a financial institution. Chief Thompson provided the Board copies of the Information and Probable Cause Affidavit along with the notice of paid administrative leave provided to Mr. Homoky. Attorney Whitten stated this request is pursuant to IC 36- 8-3-4 to place Officer Homoky on unpaid administrative leave pending the outcome of the criminal proceedings. He noted this would be an interim step of the Board with the final action of the Board being taken upon conclusion of Officer Homoky’s criminal matter. City Attorney DeBonis stated the allegations stated in the Prosecutor’s filing make it clear the actions alleged did not take place in the exercise of his duties as a Hobart Police Officer and that these matters arose out of his private business transactions for his own benefit, not in connection with his assignments as a police officer. Attorney DeBonis continued that the City honors Officer Homoky’s right to remain silent and to insist on a jury trial of his peers and that he has the right, in the criminal proceedings, to be presumed innocent until proven guilty. Attorney DeBonis explained that the laws in the State of Indiana make clear that when a police officer is charged in a criminal matter, this Board has the option of placing him on administrative leave, with or without pay under IC 36-8-3-4(n). Attorney DeBonis noted that the Indiana Court of Appeals in a 2011 case entitled Dennis v. Board of Public Safety in the City of Ft. Wayne, which appears at 944 NE2d 54, held that placement on administrative leave without pay is a form of suspension subject to judicial review but that the judicial review cannot take occur until there is a final action by the Board of Public Works and Safety and that doesn’t happen until the criminal charges have been disposed of. He stated that means that any challenge to the administrative leave must await the disposition of the criminal case. Attorney DeBonis also distributed and reviewed correspondence from Attorney Christopher Cooper, FOP Counsel for Officer Homoky, dated yesterday, commenting to the individual items in the correspondence. Board of Works Minutes: Feb. 20, 2013 2 He noted that the law authorizes a leave without pay and a review later, subject to the Board’s determination, if he is exonerated, that he is entitled to back-pay. He also noted that another section of the statute states that even while the officer is on leave without pay pending the criminal proceedings, he is entitled to have his insurance benefits and retirement benefits maintained up to date and the City will follow the law in that respect. Attorney DeBonis stated that because this matter arose from a series of private transactions allegedly committed by Mr. Homoky, this does not implicate his service on public assignment for the City of Hobart, and if the City granted leave with pay, it would be paying for services of a police officer who cannot serve, putting undue burden on the taxpayers and would prevent those funds from being used to advance the legitimate purposes of the police department. Further, if it is found there has been an injustice in bringing of these charges and Mr. Homoky is exonerated, he may apply to this Board for restoration of his back-pay. Attorney DeBonis stated that given the fact that his private conduct under the accusations is behind this, he recommended the Board grant Chief Thompson’s request and place Mr. Homoky on unpaid administrative leave from this point forward to the conclusion and disposition of the criminal charges now pending. Motion by Mr. Snedecor, seconded by Mr. Ehrhardt, to approve the request for unpaid administrative leave for Officer Kirk Homoky with the foundation as so stated by Attorney DeBonis. All aye, motion carried. (3-0) Announcements: Mr. Snedecor asked if anyone wished to address the Board there was no response. Adjournment: Motion by Mr. Lain to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 4:42 p.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Minutes: Feb. 20, 2013 3