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HomeMy WebLinkAbout05-22-2012 JEFFERSONVILLE POLICE MERIT COMMISSION REGULAR MEETING MAY 22, 2012 President Dennis Henry called the Jeffersonville Merit Commission meeting to order at 6:00 P.M. on May 22, 2012 in the City Hall, Jeffersonville, Indiana. The following members were present: President Dennis Henry, Vice - President Stuart Robertson, Secretary Bonnie Deppert, Clay "Beany" Smith, Attorney Robert Bottorff and Stenographer Patty Rush. Absent was Jeff Esarey. President Henry presented the minutes from April 10, 2012. Mr. Smith made motion to accept the minutes as presented and seconded by Ms. Deppert. Passed 4 -0 President Henry presented claims for the Institute for Public Safety Personnel, Inc. regarding Psychological evaluations for Patrick Heilfeld and Michael Smith in the amount of $720.00. Mr. Robertson made motion to pay the claim in the amount of $720.00 and seconded by Ms. Deppert. Passed 4 -0 A claim to Applegate, Fifer & Pulliam on Invoice #1789 for Attorney fees in the amount of $1,439.54. Mr. Robertson made motion to pay $1,439.54 claim and seconded by Mr. Smith. Passed 4 -0 A claim to Applegate, Fifer & Pulliam on Invoice #2089 for Attorney fees in the amount of $120.00. Mr. Smith made motion to pay claim in the amount of $120.00 and seconded by Mr. Robertson. Passed 4 -0 President Henry gave information that Attorney Bottorff, Mr. Robertson and President Henry met with FOP President, Joe Hubbard on May 14, 2012, in regard to having all language in both contract and Rules and Regulations to be the same regarding title for Police Merit Commission. President Henry submitted to the Commission for a vote to have a Grievance Hearing. Attorney Tom Lowe representing the City of Jeffersonville, notified the Commission that we should not hear the grievance. After much discussion from Attorney Tom Lowe, Chief Grimm, FOP President, Joe Hubbard and Commission's Attorney Bottorff it was decided to go to a vote. President Henry made motion to continue the Grievance Hearing and seconded by Mr. Robertson. The hearing is to continue at the next meeting which will be held on June 8, 2012 at 6:00 P.M. Passed 4 -0 President Henry read a letter from Attorney Tom Lowe and Attorney Scott Lewis regarding Determination of Vacancy on Police Department. Mr. Smith made a motion to attach this letter to minutes and seconded by Mr. Robertson. Passed 4 -0 President Henry read an e -mail from Scott Oliver, Jeffersonville Police Department advising the Commission when the new Officers had began their hiring date and also was inquiring about the meeting with FOP President, Joe Hubbard. A reply from President Henry advising him of the information discussed in that meeting. This iE was regarding terminology of the FOP contract and Commission's Rules and Regulations to make sure everything was noted Commission not Board. Ms. Deppert made motion to have this e -mail attached with the minutes from the meeting and seconded by Mr. Robertson. Passed 4 -0 FOP President, Joe Hubbard had objected to a delay in the hearing being postponed until next meeting. After discussion by the Commission, Ms. Deppert made motion to delay the hearing until the June 12, 2012 meeting and seconded by Mr. Robertson. Passed 4 -0 The meeting was adjourned at 7:25 P.M. Our next meeting will be held on June 12, 2012 at 6:00 P.M. -.) ///- /1 r P '� ,n v President Dennis Henry - Stuart Stuart Robertson Vice - President I t t I t t i C I T Y i .. . _ O F J E F F E R S O N V I L L E ' DEPARTMENT OF LAW o t - ry Oh. R. Thomas Lowe, Corporation Counsel = ' 4. % Les Merkley, City Attorney ="11 I 812-285-6493 office 812 -285 -6403 fax Ik r `,' mvww.cityofjeIT. net ` Jeffersonville City Hall 500 Quartermaster Court, Suite 250 Jeffersonville, Indiana 47130 i I May 21, 2012 Robert G. Bottorff11, Esq. I APPLEGATE FIFER PULLIAM LLC Attorneys at Law 428 Meigs Avenue Jeffersonville, IN 47131-1418 RE: Determination of Vacancy on Police Department 1 . Bob, It has come to our attention that the Police Merit Commission is considering at their meeting tomorrow night whether a vacancy exists on the Jeffersonville Police Department. It is our joint opinion that the Police Merit Commission lacks the Iegal authority to determine P whether a vacancy exists or does not exist. No statute or case law provides them with such authority. i s If there is a controversy over the existence, or lack thereof, of a vacancy, the vehicle for 1 resolution is arbitration, per the collective bargaining agreement. The Police Merit Commission only has authority to promote if and when they are notified a vacancy exists, not to make the determination of a vacancy. i We therefore object to the Police Merit Commission considering this question. i Sincerely, , 4 ,/ , / I l; ,. / f' / I ei r - g 1 r it T omas Low ' . Scott Lewi -- Corporation Counsel rP Attorney for the Common Council City of Jeffersonville City of Jeffersonville i 'llil 1` Au equal opportunity employer. CITY OF JEFFERSONVILLE POLICE MERIT COMMISSION 428 Meigs Avenue Jeffersonville, Indiana 47130 (812) 284 -9499 FAX (812) 282 -7199 Dennis Henry, President Robert Bottorff, Attorney Dr. Stuart Robertson, Vice President Bonnie L. Deppert, Secretary Clay "Beany" Smith June 15, 2012 Chief J. Chris Grimm Jeffersonville, Police Department 500 Quartermaster Court Jeffersonville, Indiana 47130 Dear Chief Grimm, The Police Merit Commission certifies the following 3 candidates to fill the first of 4 vacancies for the rank of Lieutenant. ra Officer Joseph Hubbard Officer Chris Ueding Officer Russell Settles Sincerely yours, Dennis Henry President o -. 4