Notice of Police Discipline Pursuant to I.C. 36-8-3-4 Dated: December 18, 2013 Officer Bryan Fields 407 Harrison Avenue Aurora, Indiana 47001 Officer Fields: Pursuant to Ind. Code ยง 36-8-3-4, this letter is formal notice of the intention by the Board of Works and Public Safety to consider disciplining you regarding your employment as a Police Officer with the City of Aurora. The Board of Works and Public Safety met in executive session on December 18, 2013, and decided to issue this notice of intent to discipline. As a member of the Aurora City Police Department, before you may be suspended without pay for more than five (5) days, or before you may be dismissed, the Board must offer you an opportunity for a hearing. Since the Board will consider these disciplinary options, you are being provided this notice. If you desire a hearing, you must request the hearing not more than five (5) days after you receive this notice. You are hereby notified as follows: (1) If you request a hearing, it will be held Thursday, January 9, 2014, at 8:30 a.m., in the Aurora City Council Chambers located at the City Administration Building, 235 Main Street, Aurora, Indiana. (2) The charges against you are that you have engaged in immoral conduct, conduct injurious to the public peace or welfare and conduct unbecoming an officer. The specific conduct that comprises the charges is that you engaged in violent and physical domestic altercations with your wife and/or your two sons (or step-sons) during a domestic disturbance at your residence during the early morning hours of Sunday, December 15, 2013, and that your wife and two sons were injured during the altercations. During the investigation by police into the facts surrounding the altercations, you voluntarily provided statements of your version of the incident in which you were not honest, forthright and/or cooperative in assisting the investigating officers to determine the underlying facts of the situation. Prior to, and during, your sons call to 911 for emergency assistance, you encouraged witnesses and/or victims to not contact law enforcement or emergency personnel to report the incident or potential injuries that victims might have suffered as a result of the altercations. Potential crimes had been committed in your presence, yet you refused to contact police or emergency personnel, even knowing that injuries had occurred to individuals involved, including potential injuries to your wife, your two sons and yourself. At the time of these events, as the Chief of Police and a Police Officer for the Aurora City Police Department, this conduct constituted immoral conduct, conduct injurious to the
public peace or welfare, and conduct unbecoming an officer. In addition, as a result of these events, you are currently under a court order of no contact that prevents you from carrying a firearm such that you cannot perform the duties required of a police officer. (3) If you request a hearing, at the hearing, you are entitled to be represented by counsel, to call and cross-examine witnesses, to require the production of evidence; and to have subpoenas issued, served, and executed in Dearborn County, Indiana, to require witnesses to appear at the hearing. If you intend to request a hearing, your written request must be delivered to: Board of Works, Attention Clerk Treasurer, 235 Main St., Aurora, Indiana 47001, no later than five (5) days after your receipt of this notice. If you request a hearing, effective immediately you are suspended, with pay, from your duties as a Police Officer, until a hearing is held by this Board and a formal hearing decision is provided by the Board. Because the mayor has exercised his authority to remove you from your appointed duties as Police Chief, any pay you receive during any such suspension will be at the pay grade of the rank of a patrol officer that you held before your promotion to, and appointment as, Police Chief. You are also hereby ordered to immediately surrender possession of any Aurora Police Department issued guns, IDâ€™s, badges, vehicles, cell phones, or any other police department equipment or property in your possession. Any of those items that are still in your possession should be immediately surrendered to Interim Chief of Police, Joshua Daugherty. If you do not request a hearing, the Board of Works and Public Safety intends to meet at the expiration of the five (5) day period you have to request a hearing to consider whether and how to discipline you.
Donnie Hastings, Jr., Mayor On Behalf of the Board of Works and Public Safety City of Aurora, Indiana
CERTIFICATE OF SERVICE I hereby swear or affirm, under penalties for perjury, that I served a true and exact copy of this Notice upon Bryan Fields by: (Check one or both) _____ Hand-delivering to Bryan Fields this ____ day of December, 2013; or _____ By placing this notice in a conspicuous place at the last known address of Bryan Fields, 407 Harrison Avenue, Aurora, Indiana, this ____ day of December, 2013. So affirmed and sworn to this ____ day of December, 2013, by my signature below.
________________________________________ Signature Printed Name:
CERTIFICATE OF RECEIPT BY EMPLOYEE I hereby certify that I have received a true and exact copy of the foregoing Notice of Intent to Discipline this ______ day of December, 2013.
__________________________________ Bryan Fields
Mayor Hastings Board of Works City Attorney Personnel File