Board of Public Works and Safety

MINUTES OF THE SPECIAL MEETING BOARD OF PUBLIC WORKS AND SAFETY CITY OF HOBART, LAKE COUNTY, INDIANA MAY 21, 2015 Call to Order/Pledge of Allegiance: Mayor Snedecor called the special meeting to order at 10:36 a.m. followed by the Pledge of Allegiance. Roll Call: The following members were present: Mr. Lain, Mr. Ehrhardt and Mayor Snedecor. Also present: Clerk-Treasurer Longer, Hearing Officer Meyer, Attorney Whitten, Attorney Elwood, Attorney Cooper, Chief of Police Zormier, Officer Kirk Homoky and a Court Reporter from Boss Reporters. Absent: City Attorney DeBonis. Mr. Snedecor turned the meeting over to Hearing Officer Meyer. Business of the Hearing: The Matter of Disciplinary Action filed by the City of Hobart Chief of Police Zormier regarding Officer Kirk Homoky. Mr. Meyer asked whether there was a formal dismissal regarding the pending misdemeanor charges in Lake Superior Court filed against Mr. Homoky which was to be done earlier this morning. Mr. Cooper represented to the Board that there was a dismissal of the charges and presented Mr. Meyer with a document. Mr. Meyer stated that having seen the dismissal of the charges, the Board can continue with the proceedings regarding the pending matters. Mr. Meyer stated he met with the attorneys yesterday with a court reporter present, regarding pre-hearing motions, witnesses and various other pre-trial matters and during that discussion there was an indication from Mr. Cooper that there were certain elements of the Amended Notice of Discipline filed on August 6, 2014 that Officer Homoky would be willing to admit. Mr. Meyer also noted he ruled yesterday at the end of their meeting, over the objection of Mr. Cooper, that the hearing that was set for this morning would be postponed for the reasons stated at that time. They had agreed to meet this morning after the Lake Superior charges were dismissed for the purpose of establishing which of the allegations in the Notice of Discipline Officer Homoky admits to and which he denies. Mr. Meyer stated Officer Homoky is free to consult with his attorney but there will be no arguments heard, only whether Officer Homoky admits or denies each count. Mr. Meyer stated he will ask "admit" or "deny" as to the complete count; if denied, he will ask as to the factual allegations; and depending on the responses to the factual allegations he will go into the "legal" allegations of violating certain rules. Officer Homoky was sworn in by the Court Reporter. Mr. Meyer continued asking whether Officer Homoky admitted or denied all of the factual allegations and charges contained in Count 1 to which Officer Homoky replied: denied. Mr. Meyer then went through the individual factual allegations to which Officer Homoky denied the factual allegations. Discussion followed and Mr. Meyer specifically asked whether Officer Homoky admits or denies the running of multiple license plates on IDACS/NCIC of people who were associating with Mattie Robbins. Officer Homoky responded that he did so for lawful purposes. Mr. Meyer asked whether he admits or denies that he ran license plates of vehicles that were parked in front of the marital residence. Officer Homoky admits that he did so. Mr. Meyer continued through the legal allegations of violating certain rules of the Rules and Regulations under 10.1.1.20, G.O. 05-44, and 10.1.1.26 to which Officer Homoky denied each allegation. As to Count II: Officer Homoky stated he completely denied each violation charged and the factual allegations. Board of Works Special Meeting Minutes: May 21, 2015 Page 1 As to Count III: Officer Homoky stated he denied the violations charged. Mr. Meyer read the factual allegations individually and Officer Homoky admitted that he received 7 checks from Stardust Bowl to which he was not entitled and there were checks cashed into his bank account but denied the other allegations. Officer Homoky noted he was made aware of the checks being issued that he was not entitled to when he was arrested but did not remember the exact date. Mr. Cooper noted he agreed yesterday that they would not challenge the authenticity of the checks. As to Count IV: Officer Homoky stated he denied the violations charged and factual allegations. Mr. Meyer stated that lawyers will meet off the record to coordinate hearing dates at the conclusion of this meeting. Mr. Cooper asked for the record show that there is a laches argument with respect to Count I and Count III. Mr. Meyer stated the Motion to Dismiss and the Respondent's Motion to disqualify Mayor Snedecor from sitting on the Board during the hearing will need to be ruled on by the Board at the beginning of the formal hearing. Mr. Meyer asked if the Board had any questions and there was no response and he closed the proceedings regarding Officer Homoky for this meeting. Adjournment: Motion by Mr. Lain, seconded by Mr. Ehrhardt to adjourn. All aye, motion carried. (3-0) The meeting adjourned at 10:55 a.m. ____________________________ ______________________________ SECRETARY PRESIDING OFFICER Board of Works Special Meeting Minutes: May 21, 2015 Page 2