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HomeMy WebLinkAboutBPW-09-08-98Cky of Carmel AMENDED CARMEL BOARD OF PUBLIC WORKS & SAFETY MEETING AGENDA TUESDAY, SEPTEMBER 8, 1998 - 1 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. Personnel Issue a. Discussion of a Personnel Matter Regarding Firefighter John Mnmmert; Fire Chief Douglas Callahan 2. Contracts 3. Other City Business 4. Adjournment ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 CARMEL BOARD OF PUBLIC WORKS & SAFETY MEETING MINUTES Special Meeting TUESDAY, SEPTEMBER 8, 1998 - 1 P.M. COUNCIL CHAMBERS / CITY HALL / ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard; Board Members Mary Ann Burke and Billy Walker. Deputy Clerk Rebecca Martin also attended. Mayor Brainard called the meeting to order at 1:05 p.m. PERSONNEL ISSUE: Suspension of Firefighter John Mummert: Mayor Brainard acknowledged that Mr. Mummert was present and asked his attorney, Bruce Boje of Richards, Boje, Picketing, Bermer and Becker, to explain the current standing of Mr. Mummert's case. Mr. Boje stated the criminal charges against Mr. Mummert were resolved a Week ago when Mr. Mummert had appeared in court and plead guilty to Operating While IntoxiCated. Mr. Boje stated the Board had a copy of the plea agreement and sentencing order (Exhibit A), which required Mr. Mummert to make restitution to Carla Johnson, the woman he struck, for damage to her vehicle and for wages lost and medical expenses incurred. Mr. Boje stated the Board had a copy of the first payment to Ms. Johnson for her automobile repairs from Mr. Mummert's insurance company (Exhibit B). Mr. Boje stated that Mr. Mummert had participated in a drug and alcohol education class through the City's Employee Assistance Program at St. Vincent's Hospital (Exhibit C). Mr. Boje asked the board to vote in favor of Fire Chief Douglas Callahan's recommendation on the issue. Mayor Brainard stated he was pleased with the expeditious handling of this matter and asked Chief Callahan for his recommendation. Chief Callahan recommended Mr. Mummert be suspended for 30 days without pay with credit for 30 days already served (July 28 - August 26), making Mr. Mummert eligible to return to work immediately. Mayor Bralnard pointed out that if the board adopted Chief Callahan's recommendation, it would be handling Mr. Mummert's suspension in the same manner as a similar suspension was handled several years ago. Board Member Walker asked if Mr. Mummert had worked since August 26. Chief Callahan stated he had not worked. Mayor Bralnard moved to handle the suspension and reinstatement as recommended by Chief Callahan. Board Member Burke seconded. Board Members discussed how to handle paying Mr. Mummert from August 26 until today, September 8. Board Member Walker called for the question. The board voted 3-0 to adopt Chief Callahan's recommendation. CONTRACTS: Fire Protection Joinder Agreement between Clay Town~hln and the City of Carmel and Zonin~ Joinder A~eement between Clay Towhshin and the City r~f Carmel: M~yor Brainard explaine~ the specifics of the joinder agreements! Cit~ Attorney Douglas C. Haney stated that Cindy Sheeks in the Clerk-Treasurer's Office!had reviewed the figures in the joinder agreements and concurred with them. Mayor Brainard Stated the City had postponed signing the agreements for so long because several city council m~mbers had concerns about them. He stated the City decided to address some of these concbrns next year. The mayor explained that both agreements were subject to ' ' ~ ' ' approval oftl;e C~ty s and Township s budgets. Board Member Walker moved to approve the agreements. Board Member Burke seconded. The Fire and Zoning Joinder A_m'eements were approved 3-0~ The meeting was adjourned at 1:17 p.m. Re~ectfully submitted, ~eas~er~ordray, IAMC Clerk-Treasurer D'ma L. Cor~hy, IAMC es Brainard STATE OF IxNDIz&N'A VS JOI'tN E. MU~'M2~[ERT GLTLTY PLE tN THE FL4aMILTON SUPERIOR COURT 4 STATE OF INDIANA CAUSE NO. 29D04-9807-CM-2731 t A~XrD SENTENChNG ORDER Comes now the State of Indiana b 'i~xl-n~.~, T. Sar!:c',Sc;, Deputy Prosecuting An0h~,_e.y., and'- the Defendant in person and by counsel, r guilty plea hearing. After being duly advised of his rights and the Court having determined the Defendant's age, competence and the voluntariness of Iris plea, the Defendant enters a plea of guilty to the charge (s) of: Count II: Operating WbSle Intoxicated, (~Inss A Misdemeanor A factual basis having been set fortY'and sentences the defendant as follows: 365 days in the Ham/lton Cour for 2 days (1 actual) served. Defendant Hamilton County Jail in addition to any by the Defendant through the Probation Court Costs. Defendant given credit fo~ ( -'~.i~,Oq, l~q~ ); defendant eligible conviction- September 1, 1998. Defen( under such terms as the Court may imp. completion of the "CARE" program an~ costs, fmcs and fees; 3) 20 hours comm in the following amounts: $2745.44 for $293.83 for medical expenses incurred to Sentencing. Restitution for medical Sentencing; Remaining restitution to be Sentencing. The State's Motion to Dismiss the folio, Payment of f'mes/court costs ord, Bond heretofore posted ordered ~ Remanded to the Hamilton Coun found by the CourL the Court accepts said plea and Jail, ail but 6 days suspended. Defendant given credit o serve 4 actual days (2 actual weekends) in the credit for time served. Executed time to be arranged Department. $1000 fine, all suspended. $325.50 thirty (30) day license suspension beginning for 180 day probationary license beginning date of ant to be placed on probation for a period of I year )se, but including: 1) attendance and successful [ payment of all costs thereof; .2) payment of all court Jnity service; and 4) restitution to Carla Ann Johnson damages to vehicle incurred prior to Sentencing; ~rior to Sentencing; $960 for lost wages incurred prior xpenses to be provided for within fifteen (15) days of ~rovided for in full no later than ninety (90) days after 'ing charge(s) is granted: Count I. :red stayed for 0 days. ~ '/ eleased and surety discharged, a~t. .r/ ' ' Jail. Any outstanding warrants are hereby ordered recalled. All further court dates in this c~use hereby ordered vacated. Dated: ud~/'H ' ton Superio/"Court 4