REGULAR MEETING OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF PERU June 1, 2015

Transcription

1 REGULAR MEETING OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF PERU June 1, 2015 The Board of Public Works and Safety of the City of Peru, Indiana met in regular session at 9:00 am May 15, 2015 with the following members present, Mayor Jim Walker, Board Member Steve Gough, City Attorney Bill Berkshire, Special Board Member Bruce Carson, City Clerk Treasurer Jackie Gray and Deputy Clerk Dea Master. Others present were Police Chief Ray Raney, Fire Chief Chris Betzner, department heads and other interested parties. ************************************************************************* Motion was made by Bill Berkshire seconded by Steve Gough to suspend the rules and dispense with the reading and correcting of Journal of minutes of regular meeting on May 15, ************************************************************************* Motion was made by Bill Berkshire, seconded by Steve Gough to pay claims submitted on June 1, ******************************************************************************** OLD BUSINESS: NONE ******************************************************************************** Mayor Walker asked to have the Police Department issues moved up on the agenda. Special Board Member Bruce Carson will be sitting in on these issues since City Attorney Berkshire will be representing the Peru Police Department. NEW BUSINESS: PPD: Resignation letter from Officer Jason Mooney Jason Mooney 35 South Broadway Peru, IN May 12, 2015 Peru Public Board of Works and Safety, and whom it may concern: Pending my official hire with the City of Wabash, I request the board consider this letter as my resignation from employment with the City of Peru, effective June 8, I am grateful for having had the opportunity to serve the citizens of the City of Peru. Sincerely, Jason Mooney Peru Police Department Board Member Steve Gough made a motion to accept the resignation letter of Jason Mooney, seconded by Special Board Member Bruce Carson. NEW BUSINESS: Peru Police Department: Personnel Issues Chief Raney presented to the Board a packet with information on disciplinary report that addresses

2 the conduct of Patrolman Jason Ballard from May 15, 2014 to present. From: Ray Raney, Chief To: Board of Works Members Ref: Disciplinary 2015-R006 Date: June 1, 2015 The information provided in this disciplinary report addresses the conduct of Patrolman Jason Ballard beginning with his disciplinary proceedings on May 15, 2014 to the present. During the inquiry of facts pertaining to Patrolman Ballard s disciplinary violations, several Standard Operating Procedure (SOP) violations were committed. I will first address the most recent SOP violation concerning Patrolman Jason Ballard s absence from mandatory firearms training on May 7, 2015, at 3:12 p.m. On May 7, 2015, at 3:00 p.m., Patrolman Jason Ballard failed to attend mandatory firearms training at the Peru Police Department. On this date, Patrolman Ballard advised Patrolman Colten Pitner via text message that he (Ballard) had spaced and forgot to call (in reference to attending firearms training at 3:00 p.m., copy of text message enclosed). This message was relayed to Assistant Chief Keller by Patrolman Pitner. When Patrolman Ballard arrived at the Police Department he advised Assistant Chief Keller that his daughter had a fever of 103 degrees and they had been in the emergency room at Dukes Hospital. Patrolman Ballard stated that he had taken his daughter to the emergency room approximately one (1) hour earlier. Patrolman Ballard also advised Assistant Chief Keller that he had tried to call him (Keller) and that the call went to voic . Patrolman Ballard stated that he did not leave a voic (Assistant Chief Keller has no record of a missed call). Assistant Chief Keller advised Patrolman Ballard to submit documentation from Dukes Hospital confirming his emergency room visit. Assistant Chief Keller advised Patrolman Ballard that he would have to make up the training on a designated make-up day. On May 11, 2015, I contacted Patrolman Ballard via telephone and asked if he was going to submit any documentation from the hospital. He (Ballard) immediately responded that his daughter s mother took her to the hospital and he was not sure what time his daughter left the hospital. On May 11, 2015, at 4:35 p.m. I received a text from Patrolman Ballard stating With all due respect Chief if I m losing my job over this then there s no point. I know 2 are on the chopping block, one being me. I responded via text clear. On May 11, 2015, at 5:25 p.m. Patrolman Ballard sent me a text stating If I m getting paperwork for my daughter being in the hospital and still losing my job bc my family comes first then it s fair to say that, I feel like no matter what, even family emergencies, doesn t matter to anyone. On May 13, 2015, Patrolman Ballard presented a letter (copy included) from Jerry R. Howell M.D. stating that Officer Jason Ballard brought his daughter into Peru ER on Thursday, May 7 th at 1:00pm for high fever. Dr. Powell also stated I saw Mr. Ballard and his daughter for this as a favor since I was there. On May 13, 2015, Assistant Chief Keller and I met with Patrolman Ballard in my office. I questioned Patrolman Ballard as to who actually took their daughter to the emergency room and he (Ballard) advised her mother. Patrolman Ballard advised that he was at the emergency room. Patrolman Ballard also advised that upon receiving a text from Patrolman Colten Pitner he departed the emergency room to return home to obtain his police equipment and his police vehicle prior to arriving for firearms training. During our conversation, Patrolman Ballard became loud and upset. He was advised by Assistant Chief Keller and me three (3) or four (4) times to lower his voice. During the conversation Patrolman Ballard accused Assistant Chief Keller and me of using his daughter s illness to fire him. At one point he became upset and said he did not want to answer any more questions because he was afraid he might do or say something that would get him in trouble. Patrolman Ballard asked if he could leave. I advised him that he could and asked if he had any other questions that needed to be addressed. Approximately five (5) minutes later I contacted Patrolman Ballard via cell phone and asked him if he was at the emergency room when his daughter was examined by Dr. Powell and he stated NO. Patrolman Ballard advised he was at the ER for approximately 20 minutes, spoke with Dr. Powell and then departed for firearms training. Patrolman Ballard kept repeating that I was just trying to get more information to fire him. I advised him that I was attempting to get the facts so I could make a decision. At that time Patrolman Ballard either hung up on me or the telephone connectivity was lost. I immediately attempted to contact him via cell and it went to his voice mail. I left Patrolman Ballard a message advising him to call me back, I

3 did not receive a return call from Patrolman Ballard. After reviewing the information that Patrolman Ballard provided, I became concerned with the conflicting stories in reference to contacting Assistant Chief Keller to advise him that he would be late for training as well as who actually took his daughter to the emergency room. Patrolman Ballard first advised Patrolman Pitner via text that he (Ballard) spaced and forgot to call. When Patrolman Ballard arrived at the Peru Police Department at 3:30 p.m. he advised Assistant Chief Keller that he had tried to call him (Keller) and it went to voic . On May 7, p.m. Patrolman Ballard sent me an stating that he (Ballard) attempted to contact Assistant Chief Keller with no answer. At this time I am not sure which one of the three (3) stories is the truth. Also, Patrolman Ballard provided conflicting information about who took his daughter to the hospital (emergency room). On May 7, 2015, Patrolman Ballard advised Assistant Chief Keller that HE (Ballard) took his daughter to the emergency room. In an sent to me on May 7, 2015, at 11:14 p.m. he advised that WE took their (daughter) to the hospital. During a telephone conversation on May 11, 2015 Patrolman Ballard advised me that his daughter was at her mother s residence and HER MOTHER took their daughter to the emergency room. During our conversation, I asked Patrolman Ballard if he was going to provide any documentation from the hospital as recommended by Assistant Chief Keller. He (Ballard) responded that he did not know when his daughter was released from the emergency room. On May 14, 2015, I had a telephone conversation with Dr. Jerry R. Powell addressing the letter he provided for Patrolman Ballard concerning the illness of Ballard s daughter. Dr. Powell acknowledged that he was familiar with the letter which stated that on May 7, 2015, he examined Jason Ballard s daughter for a fever in the Peru ER at 1:00 p.m. Dr. Powell advised he (Powell) arrived at Dukes Hospital around noon on May 7, At approximately 1:00 p.m., he ran into Ballard, Ballard s daughter and Ballard s girlfriend in the ER and advised them that he would exam their daughter in the back of the ER. Dr. Powell advised Ballard not to go through the ER process. Dr. Powell determined that the daughter had a fever, administered meds, and left the area to do other hospital responsibilities. Dr. Powell advised he returned to examine the daughter between 2:00 p.m. and 2:30 p.m. and then again at 3:00 p.m. Dr. Powell advised that Jason Ballard was there with the daughter and girlfriend until 3:00 p.m. On May 14, 2015, Mayor Jim Walker and I met with Patrolman Ballard in Mayor Walker s office. During the meeting Patrolman Ballard had conflicting stories of the time he arrived at the ER, the amount of time he spent at the ER, the time he departed the ER to go to training, who took their daughter to the ER, and his presence during his daughter s examination by Dr. Powell. During the meeting Patrolman Ballard become angry and advised he did not want to answer our questions because he was afraid he would do or say something that would get him in trouble. He accused Mayor Walker and myself of using his daughter s illness to fire him. He angrily pointed his finger at Mayor Walker and said you have asked me a million questions and then pointed his finger at me and stated the same you have asked me a million questions, like you were lawyers, just trying to get more information to fire me. We advised him we were attempting to get the truthful facts because his stories were conflicting. At one point during the conversation he became upset and asked Mayor Walker if he (Ballard) could leave. After reviewing the information that Patrolman Ballard provided, I became more suspicious, concerned, and questioned the validity of Patrolman Ballard s conflicting stories. Patrolman Ballard had advised that HE (Ballard) took his daughter to the ER, HER MOTHER (Ballard s daughter s mother) took their daughter to the ER, and WE (Ballard and Mother of Ballard s daughter) took their daughter to the ER. Patrolman Ballard s also advised he arrived at the ER one (1) hour prior to arriving at mandatory training, arrived at ER at 2:00 p.m., arrived at ER 20 minutes before departing for mandatory training, and then presented a letter from Dr. Powell stating that he (Ballard) was at the ER at 1:00 p.m. Patrolman Ballard also advised that he was present when his daughter was examined by Dr. Powell and then contradicted himself again by saying that he was not present during his daughter s examination. Patrolman Ballard s first text to Patrolman Colten Pitner stated that he spaced and forgot to call and then later advised that he (Ballard) attempted to call Assistant Chief Keller to advise him that he was going to be late. On May 15, 2015 I met with Dukes Hospital Human Resources and obtained an Emergency Room Physician Schedule for the months of March 2015, April 2015, and May I was advised that Dr. Jerry R. Powell s last day to work at the ER was March 20, 2015, proving Dr. Jerry R. Powell did not work in the ER on May 7, I requested a copy of the security video for the ER and hospital entrance from 12:00 p.m. to 4:00 p.m. on May 7, I was provided a photo of Dr. Jerry R. Powell in order to identify him. I received the security video on May 19, Assistant Chief Keller and I viewed the security video confirming that Dr. Jerry R. Powell, Patrolman

4 Ballard, Ballard s daughter and her mother were not present at Dukes ER on May 7, 2015, between the hours of 12:00 p.m. and 4:00 p.m. This information confirmed my suspicions about the conflicting stories being told by Patrolman Jason Ballard. On May 21, 2015 at 11:55 a.m., I interviewed Dr. Jerry R. Powell at his office located at 239 Ash Street, Tipton, Indiana. Assistant Chief Rick Keller was present during the interview and the interview was being recorded until Dr. Powell demanded that the recorder be turned off. The recorder was turned off and Dr. Powell began giving a different statement about the incident. During Dr. Powell s recorded statement he advised that he ran into Patrolman Ballard, mother of baby, and baby at Dukes Hospital and was advised by Ballard that the baby was ill. Dr. Powell then advised them that he was busy but would take them to another room (not an ER examining room) to examine the baby. Dr. Powell advised them not to go through the process of the emergency room. Dr. Powell advised that the room used for the examination was in the back of the ER by the CT scanner. Dr. Powell stated that he examined the baby, determined that she had a fever, administered some meds, and left to do other responsibilities within the hospital. Dr. Powell returned to check on the baby a couple of times prior to the baby leaving Dukes around 3:00 p.m. He also advised that Ballard was present when he returned the first time to examine the baby but was not present when he (Powell) returned at 3:00 p.m. Dr. Powell was advised by the baby s mother that Ballard had left. I advised Dr. Jerry R. Powell that I did not believe that Patrolman Ballard was at the ER on May 7, I also advised Dr. Powell that I did not believe he examined Patrolman Ballard s daughter on May 7, 2015 at the Dukes ER and I did not believe that he was even at Dukes on that date. I proceeded to advise him that I had a video of the ER and hospital entrance from 12:00 p.m. to 4:00 p.m. on May 7, 2015, and neither he, nor Patrolman Ballard, nor his daughter and daughter s mother were in the ER during those hours. I also advised him that I had obtained an ER Physician Schedule and he was not scheduled to work on May 7, I also advised Dr. Powell that Dukes Human Resources advised that Dr. Powell s last day to work at Dukes Hospital was March 20, 2015 as indicated on Physician ER Schedule. At that time Dr. Powell demanded that the recorder be turned off. After the recording was turned off, Dr. Powell advised that he did not see Jason Ballard on May 7, 2015 at the ER and he did not examine the daughter of Patrolman Jason Ballard on May 7, Dr. Powell advised that Patrolman Ballard called him advising that he (Ballard) had missed training and needed a letter stating that he (Dr. Powell) examined his (Ballard s) daughter at Dukes emergency room on May 7, 2015 at 1:00p.m. Dr. Powell advised he wrote the letter as a favor for Patrolman Ballard so he would not be given a point against him for missing training. Dr. Powell stated that he did not know the extent of Ballard s disciplinary issues. Dr. Powell also stated a couple of times that he did not want to be in any trouble for his involvement. I advised Dr. Jerry R. Powell that I would probably contact the Indiana Attorney General s Office and advise them of the incident. I have enclosed the following information obtained as evidence during this disciplinary investigation: -text sent from Patrolman Ballard to Patrolman Pitner (May 7, 2015) - sent to Chief Raney from Jason Ballard (May 7, 2015, at 11:14 p.m.) -three (3) texts sent to Assistant Chief Keller (May 7, 2015, at 3:47 p.m., May 13, 2015, 9:08 a.m., and May 13, 2015, at 11:50 a.m.) - sent to Chief Raney from Jason Ballard (May 13, 2015, at 12:56 a.m.) -letter from Jerry R. Powell M.D. and fax cover sheet provided to Patrolman Jason Ballard -Emergency Room Physician Schedules for March 2015, April 2015, and May three (3) texts sent to Chief Raney from Jason Ballard (May 19, 2015, at 8:01 p.m., May 11, 2015, at 5:25 p.m., and May 11, 2015, at 4:35 p.m.) - sent to Chief Raney and Assistant Chief Keller from Jason Ballard (May 22, 2015, at 6:08 p.m.) -Citizen Complaint Form submitted by Complainant Jason Herschberger (April 28, 2014)

5 -photo of Physician Jerry R. Powell, M.D. -Physician Emergency Room schedule for March 2015, April 2015, and May Disciplinary Letter dated April 9, 2015 I also have a recorded statement taken from Jerry R. Powell M.D. May 21, 2015, and a disk containing video of Dukes Hospital Emergency Room and entrance on May 7, 2015, from 12:00 p.m. to 4:00 p.m. (not enclosed). After reviewing the information and evidence associated with this investigation beginning May 7, 2015, through May 21, 2015, I believe Patrolman Jason Ballard violated the following Peru Police Department Standard Operating Procedures: CLASS C OFFENSE #1-CONDUCT UNBECOMING (Eleven (11) Counts)-Department employees shall conduct themselves at all times in a manner that reflects most favorably on the Department. 1. On May 7, 2015, Patrolman Ballard responded untruthfully to a text from Peru Police Department (PPD) Patrolman Colten stating I m on my way from the hospital was there bc of my daughter. I spaced and forgot to call. God damn it. Is he with you. Well I m, getting fired now. 2. On May 7, 2015, Patrolman Jason Ballard gave an untruthful statement to Assistant Chief Rick Keller as to why he was unable to attend mandatory firearms training. Patrolman Jason Ballard advised that he had taken his daughter who had a 103 degree fever to the Dukes Hospital Emergency Room. 3. On May 7, 2015, Patrolman Jason Ballard sent an untruthful to me (Chief Raney) stating that he was late for training due to his daughter being ill with a fever, throwing up and felt warm. Patrolman Ballard advised we took her to the hospital and that was the only thing I had going on in my head. Patrolman Ballard also stated, I am asking due to the emergency circumstances involved that I have a bit of leniency in regards to whatever discipline I receive. 4. On May 11, 2015, during a telephone conversation between Patrolman Ballard and myself Patrolman Ballard continued to be untruthful advising me (Chief Raney) that his daughter s mother took her to the hospital and he was not sure what time his daughter left the hospital. 5. On May 11, 2015, at 5:25 p.m., Patrolman Ballard continued to be deceitful in a text he sent me stating If I m getting paperwork for my daughter being in the hospital and still losing my job bc my family comes first then it s fair to say that, I feel like no matter what, even family emergencies, doesn t matter to anyone. 6. On May 13, 2015, Patrolman Ballard was untruthful with Assistant Chief Keller when he (Ballard) sent a text to Assistant Chief Keller stating I would hope this could be an exception bc of my daughter. It was an emergency and it was the only thing on my mind.

6 7. On May 13, 2015, Patrolman Ballard presented a letter to me (Chief Raney) from Dr. Jerry R. Howell stating that Officer Jason Ballard brought his daughter into Peru ER on Thursday, May 7 th at 1:00pm for high fever. I saw Mr. Ballard and his daughter for this as a favor since I was there. If you have any questions regarding this matter, please feel free to contact me. It was addressed To Whom It May Concern, and signed Sincerely, Jerry R. Powell M.D. 8. On May 13, 2015, Patrolman Ballard met with Assistant Chief Keller and myself in my office. Patrolman Ballard continued with the untruthfulness advising that he (Ballard) was at the ER but his daughter s mother took her to the ER. Patrolman Ballard advised that upon receiving a text from Patrolman Pitner, he (Ballard) departed the ER, went to his (Ballard s) residence to obtain his police vehicle and police equipment before heading to training. 9. On May 13, 2015, Patrolman Ballard sent me (Chief Raney) an stating I am having a bad taste in my mouth with how my family emergency and being late to training is being handled. Patrolman Ballard also stated I have no reason to make up a story of my daughter being in a hospital as a scapegoat. He then advised I m a bit disturbed at how my family emergency has been portrayed as it has and not being given a little bit of professional decency and being left in the dark as far as what a resolution can be to this. Patrolman Ballard final deceptive statement was With all due respect, if your children were in the hospital anyone else would have done the same. This is another example of his deceptive behavior. 10. On May 14, 2015, Patrolman Ballard met with Mayor Jim Walker and myself in the Mayor s Office. During the meeting Patrolman Ballard presented conflicting stories dealing with the time he arrived at the ER, the amount of time that he was at the ER, the time he departed the ER to go to training, his presence during his daughter s examination and who took their daughter to the ER. Patrolman Ballard continued the deceitfulness by accusing Mayor Walker and myself of using his daughter s illness to fire him. 11. On May 22, 2015, Assistant Chief Keller and I (Chief Raney) received an from Patrolman Ballard that accused me (Chief Raney) of causing Patrolman Ballard problems in his personal life as well as work due to the fact that Chief Raney has attempted to contact a family member of Patrolman Ballad s through human resources at her work. He also advised that Chief Raney pulled his personnel file and located a telephone number for Jason Herschberger (ex-husband of Tyra David, the mother or Patrolman Ballard s daughter) in an attempt to attain Tyra s telephone number for unknown reasons. Patrolman Ballard stated I am trying to understand why the investigation is still going on when there is confirmation both written and verbal via telephone from the doctor. Patrolman Ballard continues to use untruthfulness and deceit about his daughter s illness fifteen (15) days after he neglected to attend mandatory training as scheduled. CLASS B OFFENSE #11-FAILURE TO ATTEND MANDATORY TRAINING-Employees of the Peru Police Department will not be absent from any mandated activity or their duty assignment without the authorization of their immediate superior. (Class B) 12. On May 7, 2015, at 3:00 p.m., Patrolman Ballard failed to attend mandatory firearms training conducted at the Peru Police Department. Patrolman Ballard arrived on May 7, 2015, at 3:30 p.m. Firearms Instructor Assistant Chief Keller waited until 3:12 p.m. before dismissing

7 Patrolman Derek Rushforth who had been asked by Assistant Chief Keller to participate as a training partner with Patrolman Ballard. (Patrolman Rushforth had already completed the firearms training). Patrolman Jason Ballard has been found guilty of committing eighteen (18) Peru Police Department Standard Operating Procedures since May 15, Patrolman Ballard s previous violations include: - May 15, 2014, CONDUCT UNBECOMING and DISOBEYING A DIRECT ORDER-Former Chief of Police Jonie Kennedy found Patrolman Ballard guilty of Conduct Unbecoming and Disobeying a Direct Order. On May 15, 2014, Chief Kennedy presented Patrolman Ballard with a letter describing Peru Police Department General Order #2, X, Law Enforcement, in a free and complex society, requires an officer to have ethical sensitivity, stamina, intelligence, moral courage, and emotional stability necessary to fairly and impartially deal with a human being in many complex and potentially explosive situations in which he/she encounters. General Order #2 also explains that an enforcement officer shall be mindful of his special identification by the public as an upholder of the law. Section XXXI goes on to say Police officers will behave in a manner that does not bring discredit to their agencies or themselves. A police officer s character and conduct while off-duty must always be exemplary. He/she must maintain a position of respect in the community in which he/she lives and serves. The officer s personal behavior must be beyond reproach. On April 23, 2014 Chief Kennedy and Assistant Chief Keller met with Patrolman Jason Ballard to advise him that complainant Jason Herschberger had contacted Chief Kennedy to complain about an affair that Patrolman Ballard was having with Jason Herschberger s wife Tyra. Shortly after, Patrolman Ballard left Chief Kennedy s office on April 23, 2014, complainant Jason Herschberger contacted Chief Kennedy to advise that he had been threatened by Patrolman Ballard. On April 28, 2014, Jason Herschberger filed a formal complaint against Patrolman Ballard for threatening him. Jason Herschberger advised that Patrolman Ballard advised him to be careful of the decisions he makes and that he needed to tread lightly. In the written complaint by Jason Herschberger, he advised that in October 2013, he received a telephone call from Officer Ballard s wife concerning a relationship between Officer Ballard and his wife Tyra. On November 2013, Jason Herschberger found naked pictures of Officer Ballard on his wife s phone. He (Herschberger) spoke with Officer Ballard and he (Ballard) apologized and promised to back off and leave her alone. Also, Herschberger stated in the complaint that Ballard did not want Herschberger to show the Chief the disc of the text messages between Ballard and Herschberger s wife (written statement included). During a meeting with Chief Kennedy, it was made clear that Patrolman Ballard would not have any contact with Jason Herschberger and Patrolman Ballard agreed not to have any contact with him. On May 12, 2014, Jason Herschberger contacted Chief Kennedy to advise that there had been contact between him and Ballard. Jason Herschberger admitted that he made the contact and proceeded to describe/read the text conversation that ensued. Herschberger then forwarded all the text messages to the phone of Chief Kennedy. Chief Kennedy advised that Patrolman Ballard chose to engage Herschberger with phrases that served no purpose other than to antagonize Herschberger instead of ignore and contact his (Ballard s) supervisor. Chief Kennedy advised Patrolman Ballard that as a police officer within this community, you must understand that your words carry much weight with the citizens of this community. The words, tread lightly, also carry a negative connotation of warning. When used in the context in which you used them, as a police officer with the power to arrest and detain, to a citizen of this

8 community, it can easily be taken as a threat regardless of your intended meaning. Also, your disobedience to a direct order to have no contact with Mr. Herschberger is unacceptable. Chief Kennedy advised Patrolman Ballard that Peru Police Department General Order #5, III, C, 1, states Department employees shall conduct themselves at all times in a manner that reflects most favorably on the Department. Conduct unbecoming a member shall include that which brings the Department into disrepute or reflects discredit upon the member as a representative of the Department, or that which impairs the operation or efficiency of the Department or its members. (Class C). Chief Kennedy also advised Patrolman Ballard that his actions have the potential to create a clear serious adverse impact on the professional image of the Department. Patrolman Ballard was also advised that Section III, B, 1, states Department employees shall promptly obey the legitimate orders of superior officers and other members acting in a supervisory capacity. (Class B). Chief Kennedy issued Patrolman a letter of reprimand for the two (2) violations (complainant letter included). -August 18, 2014-FAILURE TO ARRIVE AT MANDATORY TRAINING ON TIME-Assistant Chief Rick Keller found Patrolman Jason Ballard guilty of violating Peru Police Department General Order #5, III, A, 1, for Failure to Attend Mandatory Training On Time scheduled for noon on August 14, Patrolman Ballard did not contact a superior to advise that he would be late for the training. Upon Patrolman Ballard s arrival at 12:10 p.m., he stated that he was putting together a baby crib and lost track of time. Patrolman Ballard s tardiness created a delay in the training for all other officers attending. Patrolman Ballard was issued a written reprimand for the violation. -October 2, 2014-UNAUTHORIZED SUBJECT (female) RIDING IN POLICE VEHCILE WHILE ON DUTY-Lieutenant Russ Tussey received a report that Patrolman Jason Ballard had a female subject riding in his assigned police vehicle while on duty. Patrolman Ballard advised Lieutenant Tussey that his (Ballard s) girlfriend rode in his police vehicle while he was on duty from 10:00 p.m. to 11:00 p.m. on date unknown without permission. Lieutenant Tussey issued Patrolman Ballard a verbal counseling and the incident was placed in his personnel file. -October 20, 2014-FAILURE TO ATTEND MANDATORY TRAINING-Interim Chief of Police Rick Keller found Patrolman Jason Ballard guilty of violating Peru Police Department General Order #5, III, A, 1, for FAILURE TO ATTEND MANDATORY TRAINING on October 16, Captain Mike Vinopal contacted Patrolman Ballard on October 16, 2014 at 10:19 a.m. and was advised by Patrolman Ballard that he (Ballard) changed his training (drive) time due to an off duty security detail. Patrolman Ballard did not notify his immediate superior nor Interim Chief Keller of the time change. Interim Chief Keller issued Patrolman Ballard a one (1) day suspension without pay and advised him (Ballard) that any future violations of this nature may result in further disciplinary action up to and including termination. -April 9, 2015-DISOBEYING A DIRECT ORDER-Department employees shall promptly obey the legitimate orders of superior officers and other members acting in a supervisory capacity. Patrolman Jason Ballard disobeyed a Direct Order when he left the engine of his assigned Peru Police Department vehicle running while unattended on March 8, This was the sixth SOP violation in less than a year that Patrolman Ballard had been found guilty of violating. I (Chief

9 Raney) suspended Patrolman Ballard for five (5) days without pay for violating Peru Police Department General Order Section III, B, 1. The adopted Peru Police Department DISCIPLINE MATRIX and DISCIPLINE LEVEL for termination is DISCIPLINE LEVEL 8. Patrolman Jason Ballard s current DISCIPLINE LEVEL is LEVEL 21. Patrolman Jason Ballard has committed eighteen (18) SOP violations since May 15, During Patrolman Ballard s last disciplinary procedure on April 9, 2015, I advised him that if he was found guilty of violating another Peru Police Department SOP, a recommendation would be presented to the Board of Works to terminate his employment with the Peru Police Department (attached Disciplinary letter dated April 9, 2015). Patrolman Jason Ballard has been untruthful and deceptive during this recent disciplinary process. Patrolman Jason Ballard s unprofessional conduct has not represented honesty, integrity, and professionalism that I expect from police officers under my command. I do not believe the Peru Police Department nor the citizens of Peru, should be subjected to the conduct displayed by Patrolman Jason Ballard. Therefore, in accordance with the adopted Peru Police Department Discipline Matrix and Discipline Level, I am recommending to the Board of Works to immediately terminate Patrolman Jason Ballard s employment with the Peru Police Department. Respectfully, Ray Raney Chief of Police Peru Police Department Board Member Steve Gough made a motion to accept the recommendation from Chief Raney to immediately terminate the employment of Patrolman Jason Ballard with the Peru Police Department, seconded by Special Board Member Bruce Carson. City Attorney Berkshire stated that the termination of Patrolman Ballard is pending his request for a hearing. Patrolman Ballard has 5 days to appeal. ****************************************************************************** NEW BUSINESS: Jan Winters: Concerns on Traffic at Smitty McMusselmans Mr. Winters addressed the concerns that he has with the traffic and the parking issues at Smitty McMusselman s. Mayor Walker will get with Traffic Supervisor Wade Adkins and the Police Department to see if there are any violations being committed and to have the yellow lines repainted. ******************************************************************************* With nothing further to come before this meeting Steve Gough made a motion to adjourn, seconded by Bill Berkshire. Attest: James Walker Mayor of the City of Peru, Indiana Jackquan E. Gray Clerk-Treasurer City of Peru, Indiana