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HomeMy Public PortalAbout005- 2010 Firefighter suspension w o pay 3 1BOARD OF PUBLIC WORKS AND SAFETY CITY OF RICHMOND, INDIANA RESOLUTION NO. 5 -2010 A RESOLUTION APPROVING AGREEMENT TO SUSPENSION WITHOUT PAY WHEREAS, The Board of Public Works and Safety of the City of Richmond, Indiana, (hereinafter referred to as the "Board ") is the Board, pursuant to I.C. 36 -8- 3-2, having the exclusive control over all matters relating to the City of Richmond Fire Department, including the power and authority to discipline firefighters of the City of Richmond, Indiana; and WHEREAS, Pursuant to I.C. 36 -8 -3 -4 (c), before a member of a fire department may be suspended in excess of five (5) days without pay, the safety board shall offer the member an opportunity for a hearing; and WHEREAS, Michael Crawley, Chief of the Richmond Fire Department (hereinafter referred to as "Chief') had originally sought termination of a Richmond Firefighter, Anthony Lang (hereinafter "Firefighter "), and said Firefighter requested a hearing before the Board, but the Chief has now decided instead to recommend and agree to a suspension of said Firefighter for ten (10) duty days without pay; and WHEREAS, The Firefighter has acknowledged and agreed that he violated the Book of Rules, neglected or disobeyed orders, was absent without leave and was neglectful of Duty; and WHEREAS, The Firefighter has agreed to the ten (10) duty day suspension without pay (also the equivalent of 30 eight (8) hour days of suspension without pay); and WHEREAS, On March 12, 2010, the Firefighter, with his attorney, David M. Jordan, along with the Chief and City Attorney Walter S. Chidester, signed an Agreement to Suspension Without Pay, a copy of which is attached hereto as Exhibit "1 "; and WHEREAS, The Firefighter has waived his right to a hearing before the Board concerning this Agreement to Suspension Without Pay; and WHEREAS, The City of Richmond Fire Department and the Firefighter have both waived their right to a hearing before the Board and jointly request that the Board approve this Agreement to Suspension Without Pay without a hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Richmond, Indiana, that the Board adopts and incorporates as its findings the introductory "WHEREAS" paragraphs set forth above. NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of Public Works and Safety of the City of Richmond, Indiana, that the Board approves, without a hearing, the discipline agreed to and set forth in the Agreement to Suspension Without Pay executed on March 12, 2010, by Michael Crawley, Walter S. Chidester, City Attorney, Firefighter Anthony Lang, David M. Jordan, Counsel for Firefighter Anthony Lang, a copy of which Agreement to Suspension Without Pay is attached to this Resolution as Exhibit "1 ". THIS RESOLUTION APPROVING AGREEMENT TO SUSPENSION WITHOUT PAY IS APPROVED AND ADOPTED THIS _ 18 th day of March, 2010. Board of Public Works and Safety of Richmond, Indiana S/S Vicki Robinson Vicki Robinson, President S/S Dian Lawson Dian Lawson S/S Mary Jo Flood Mary Jo Flood