The Independent-News, Volume 110, Number 18, Walkerton, St. Joseph County, 4 October 1984 — Page 2

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- THE INDEPENDENT-NEWS — OCTOBER 4, 1984

WALKERTON TOWN BOARD MINUTES (continued from Page I) performance to be excellent. He is full of questions and that is good. He is eager to learn and he cares about the plant and his performance to that plant and the Town of Walkerton. He is spread very thin at the present time and is trying to satisfy all people concerned. I think he is handling the situation extremely well. OLD BUSINESS: Greg Williams asked what procedure was being used on the release of sewer permits to the residents. The clerk said so far when people come into the office to inquire on the permits it is established whether or not the individual needs to have a permit and then what conditions they must follow when they have the work done. Mr. Williams suggested some hand out material be given to the resident along with the permit. The clerk said she would ask Mr. Zehner if he would like to do that rather than personally handle each one. The appeal with the Creech property is still pending. A brief had to be prepared by both sides and Mr. Clevenger presented a copy of his brief for the Board to review. The central communications idea was looked into by the attorney and he suggested to the Board to become political with the situation and try to find representation on the committee that is reviewing the idea. Some discussion was held on the "working agreement between the Town of Walkerton, Ind. and St. Joseph County Commissioners”. The agreement was read aloud by the town attorney: 1. This agreement is entered into as of day of 1984. and will remain in effect until revised or cancelled by either party. 2. The purpose of this agreement is to provide a facility for minimum-type incarceration of those persons sentenced by the presiding judge of the Walkerton, Indiana Town Court arising out of violations of laws of the State of Indiana and oredinances of the Town of Walkerton. Indiana. 3. Responsibilities of the Town of Walkerton: A. Shall transport all persons to be incarcerated to the St. Joseph County Jail. St. Joseph County, its duly elected officials, employees, or agents shall not be required to provide such transportation to and from its jail facility; B. Shall defend and hold harmless the County of St. Joseph County, Indiana in any civil action arising out of the transportation to and from the St. Joseph County Jail of a person to be incarcerated in said jail facility. C. Shall pay St. Joseph County, Indiana the sum of fifteen dollars ($15.00) per day for the housing and feeding of each person incarcerated pursuant to this agreement where the offense that the person to be incarcerated is charged with is a violation of an ordinace of the Town of Walkerton, Indiana or the person is to be incarcerated for contempt of Court (i.e. failure to appear, failure to pay fine and/or court costs). D. Shall defend and hold harmless the County of St. Joseph, Indiana in any civil action for illegal detention commenced by any person incarcerated in the St. Joseph County Jail pursuant to the terms of this agreement. 4. Responsibility of the Com missioners of St. Joseph County, Indiana: The Commissioners, through the Sheriff of St Joseph County, shall house all persons so committed to the St. Joseph County Jail by the Walkerton. Indiana Town Court and shall release such persons at a time and date as specifically set

forth in said committment. Shall defend and hold harmless the Town of Walkerton. Indiana in any civil action arising out of actions arising during a person's incarceration at said jail facility. 5. It may be expedient to modify. change, or make exception, to ' one or more of the items covered by this agreement. When this is necessary, it is done in writing and agreed upon by both parties. This agreement shall remain in effect as above provided. However, ' either party shall have the right and privilege of cancelling and terminating this agreement upon Ninety (90) days written notice to the other party. Mr. Heemer indicated that he was having reservations on this Agreement and two things were bothering him: 1 Is the Walkerton Town Court set up for traffic offenses only and who presides over the Town Ordinances? 2. We should address the issue on Ordinances and their penalties and is a stiff penalty the necessary ingredient to an ordinance? The town attorney made mention that the State Statute gives the newly established Town Court jurisdiction over town ordinances. A point that the town attorney brought up was the abolishment of the Town Court can only come about after a four year term that has already been set up. Greg Williams made a motion to act on the working agreement as read. Margaret Gaddis seconded the motion. Mr. Bracich then said he felt the judge should also have a working agreement with the Town to reassure the Town that the costs of incarceration would be included in the charges of the individual thereby making the individual responsible for the costs rather than the Town. Mr. Bracich felt that it would be the only way he could agree to the working agreement with St. Joseph County. Mr. Williams withdrew his motion. Arthur Heemer made a motion to have Judge Baker present at the next Town Board meeting to discuss her intentions on the working agreement. Edward Bracich seconded the motion and all agreed. Mr. Bracich informed the board of areas in town regarding weeds and brush growih on abandoned properties and ask for an ordinance to handle these types of problems. Mr. Clevenger said there was an ordinance in the making to take care of this. Mr. Bracich asked about the electrical boxes that are on the lift stations throughout town and weren’t they supposed to be buried? Mr. Gevenger said he would inquire as to the original plans for the electrical boxes. Mr. Bracich asked about what the lawyer found out on Walkerton’s records of incorporation. Mr. Gevenger said he checked on them and there are none to be found however he didn’t find that to be unusual because none of the towns that their law firms works for have any such records. NEW BUSINESS: Mr. Bracich asked if the Town had some annexation going on. Mr. Gevenger said the Plan Commission has an annexation in the process and he has been allocated to prepare the necessary paperwork to present to the Town Board. Mr. Bracich made a motion to move the phone booth away from the front door of the Police Station. Arthur Heemer seconded the motion. A discussion was held on problems of the present location of the booth and all agreed that it should be moved. Mr. Bracich withdrew his motion and asked the clerk to call the phone company and explain the situation to them to see if they would move the booth. A hearing was held on the Federal Revenue Sharing monies. With no comments from the floor the appropriation was read: Whereas, it has been determined that the Town of Walkerton will

have 519.b10.56 in Federal Revenue Sharing. And Whereas Federal Revenue Sharing has to be appropriated for the calender year 1984. Now therefore: Section 1. Be it ordained by the Board of Trustees of the Town of Walkerton, St. Joseph County, Indiana, that for the expenses of said municipal corporation the following additional sums of money are hereby appropriated and ordered set apart out of the fund herein named and for the purposes herein named and for the purposes herein specified, subject to the laws governing the same: General Fund: Police Department, 440, Equipment, $6,536.00; Fire Department, 200, Equipment, $6,536.00; Ambulance Department, 420, Improvements, $6,536.00; Total, $19,608.00. Ed Bracich moved that the Board approve the Federal Revenue Sharing appropriation. Art Heemer seconded the motion and all agreed. Mr. J. Patrick Gassensmith asked to be heard so that he might clear up any misunderstanding that might have risen from the minutes of the last Board meeting. Mr. Bracich had some concerns about the Police Department and 1 would like to address those concerns. I. It was quoted in the minutes that the reserve officers are carrying 44’s. I believe the clerk misunderstood the comments because no reserve officer is carrying 44's. We have a part-time police officer who carries a 44 but other than that no one else does. However the new reserve officers were carrying firearms at the time of the voiced concern and I was not aware of this and I have had this stopped. The reserve officers that have been trained in firearms are carrying revolvers and one other new officer, namely Mr. Bracich's son who has had proper training in firearms already. 2. Mr. Bracich made it known that 1 have not taken the written exam that is required of me as yet. I have gone to the South Bend Regional Academy in 1961-62 for 16 weeks and have been a police officer since that time. When I began here it was necessary to request a waiver, which I did and 1 have been given up to June 5, 1985 to take a first responder course. I must pass a written examination regarding firearms and also pass the PPC, the PPC is a practical policemen’s course that a policeman takes at the academy. 1 was scheduled to take these exams on the 14th of September however, due to vacations on the deparment, 1 was unable to take the exams at this time so I have been re-sched-uled to take the exams in December. Per chance that should fall through I still have until June 6, 1985. There is a letter on file in the clerk’s office stating this but I wanted to clarify it because I’m afraid that someone would interpret the minutes and think that I have not gone to the academy or that I went and did not pass the exams. 3. Another concern that Mr. Bracich had was that there was too much fraternizing of police officers at the Jacob’s parking lot. This concerns me also and I had a talk with the police officer involved. The officer did make some sense about the situation. He agreed that he did stop and talk to kids but that he did it for a reason: public relations for one and I know for a fact that they're not going to be drinking or having any problems if they know I’m going to be pulling in there. 1 realize something like this happens and perhaps it’s not acceptable by the citizens of the Town but if it's done and not abused it could be a very good thing. Once or twice a night to pull in various places where groups are gathering and make sure nothing is going on. However I did tell this officer that at the present time

THE INDEPENDENT-NEWS Publication Number 261460 ROBERT E. URBIN, EDITOR SUSAN R. URBIN, ASSISTANT EDITOR INDEPENDENT-NEWS CO., INC., PUBLISHER 601-03 Roosevelt Road, Walkerton, Indiana 46574-1294 Telephone (219) 586-3139 PUBLICATION TIME: Thursday of Each Week Second Class Postage Paid At Walkerton, Indiana 46574 SUBSCRIPTION RATES: 15‘ Per Copy; $5.00 Per Year (SI.OO Extra If Mailed Out Os State)

until I told him to do it I would appreciate it if he would refrain from this and he told me that he would. I trust him to follow my instructions but I did want the Board to know that this practice can not be all bad and is important in establishing public relations. Mr. Bracich answered this by saying “Chief, 1 don’t know what this officer said to you but he has misconstrued the whole deal. I have no objections to this public relations, 1 think it is good to know all the residents but this pertains to my original complaint about no supervision on the night shift for these basically inexperienced police officers. When you can drive by and see the police car there for two and three hours with kids sitting on the hood of the police car this is what 1 am objecting to — I’m not against public relations and I don't know what this officer has told you but he has misled you.” Gassensmith: “1 can assure you that people sitting on the police car is out of the question and must come to a stop.” Heemer: “In the realm of public relations I might ask you the question about where public relations begins and ends in reference to an incident that happened to may wife and children last night with one of your reserve officers. I want this to be a matter of public record and you will be getting a report on it. My wife has been dieting for the summer and takes walks in the evening with the children. Last night as she was walking down Georgia Street she observed one of your reserve officers making hand signals at her through the window of a home. One of your reserve officers with the last name of (name withheld) who drives an orange Honda with a blue light on top. This alarmed her, she does not know this person. She continued to walk to the laundromat across from the Police Department where she saw her sister's car parked in front of the laundromat. She stopped with her awhile and continuted her walk home and discovered that this young man had followed them and was driving by very slowly and was glaring at them through the window. Now my wife is a very gentle person, she is everything that I am not and now she’s talking about purchasing a hand gun. So my question is where does public relations begin? Gassensmith: “I don’t think this has anything to do with public relations whatsoever, I think you are talking about devious conduct.” Heemer: "I would certainly like to see a background check on this person.” Gassensmith: "I’ve done a background check on him and nothing like this was indicated. First of all I think in all fairness, and I’m certainly not questioning your veracity in any way, shape or form, but we are in a public meeting here and I think the young man should be able to defend himself.” Heemer: “He certainly should.” Gassensmith: “For that reason I’m not going to say anything bad about the young man. 1 only know him slightly and he seems like a nice kid but if this happened 1 certainly don't blame your wife for being upset.” 1 Heemer: “She's terrified.” Gassensmith: “1 imagine she

would be. However, I see no relationship between that and ordinary public relations that 1 was referring to. Please tell your wife I'm very sorry that this happened This man wasn’t in uniform was he?" Heemer: “1 don't know. You'll have to ask my wife.” Gassensmith: “I would sure appreciate the report on this matter. Again I would like to say this does not pertain to what I was talking about.” Heemer: “Are there guidelines to follow?” Gassensmith: “Common sense are the guidelines you use. The next issue was a letter about Wyman Hochstetler. The lawyer said he will take care of this and I am not responsible for that part of it.” 4. The next complaint was lack of supervision on the police department. We must be realistic this is a very small police department, only five men, and to have supervision around the clock would be a very difficult thing if I couldn't trust these guys. We are all going to make mistakes now and then I’m falible. I’m subject to error and so are all of you. And there are going to be some. From what I’ve seen and I’m not spying, but I check on my men and I think there is supervision. These men were hired before I came and so there must have been some trust there. To my knowledge with the exception of a few thoughtfuless acts that were not that big the men are behaving in a very responsible manner. You have to have some faith in these men. If the fear of something terrible happening is the question, it could happen anywhere even with a. large department like South Bend. I'm sure Mr. Bracich when you were chief in North Liberty you too had to sleep sometime and couldn’t be watching your men.” Bracich: “Yes and they overthrew me — it’s part of the record I would like you to know that over the scanner a couple of weeks ago one of your officers was apparently having difficulty pulling someone over and remarked that the occupants were just like the Town Board members, dumber than a box of rocks. This is the kind of thing that happens on the four to twelve shift.” Gassensmith: “This kind of thing happens everywhere. The only difference is that on a large department it’s hard to find out who it is. I’m not saying it’s right and if you can tell me who the officer was I will certainly do something about it.” “I have a new schedule which I’m about to put into effect that will help my young officers out.” 5. Not enough work done by the police officers was another concern. I will say that the monthly reports stand for themselves. If you look at them you can see that the amount of work has increased 6. Another concern: Board president being too lax on police matters. 1 would have to say that Mr. Ward is in almost every da\ and if I have a problem I discuss it with him, if he has something he brings it up with me. I feel strong ly that Mr. Ward is handling his job superbly. Well, there is most of the con cerns that I felt I had to clerify. 1 have handled the officers leaving the city limits, domw awav with (continued on Page 3)