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HomeMy WebLinkAbout2004-02-17 Bd Comm minutes FINAL APPROVED ~Iowa .C. ity . Pubhc L brary BOARD OF TRUSTEES Agenda item 3A Minutes 5:00 pm December 18,2003 Meeting Room C Shaner Magalh~es, President Thomas Dean Linzee McCray Linda Prybil Pat Schnacl~ Secretary Jesse Singerman Tom Suter Jim Swaim David VanDusseldorp, Vice President Members Present: Thomas Dean, Shaner Magalh~tes, Linzee McCray, Linda Prybil, Pat Scl'mack, Jesse Singerman, Tom Surer, Jim Swaim, Dave VanDusseldorp Members Absent: StaffPresent: Barb Black, Maeve Clark, Susan Craig, Barbara Curtin, Heidi Lanritzen, Martha Lubaroff, Joel Miller, Hal Penick Others: Vanessa Miller, Press Citizen Call meeting to Order Magalh~.es called the meeting to order at. At 5:00 pm Public Discussion There was no public discussion Approval of minutes Minutes for the regular meeting of November 20, 2003 were approved after a motion from Prybil, seconded by Suter. All in favor voted Aye. Motion passed 9-0. Unfinished Business Leased Space: Craig met with Kevin Hanick, the realtor we are working with, Karin Franklin, Director of Planning, and Steve Atkins, City Manager to discuss leasing the retail space at the Library. Atkins is comfortable with the Library not rushing into anything. Both are interested in trying to identify a tenant who will be compatible with the library and enhance the downtown. We do not have a written proposal in terms of fees from Hanick Agenda item 3A Page No 2 yet, but it will be a standard agreement. Craig will follow-up with the Legal Department about the contract. Parking: Schnack expressed her opinion that it seems like the Library is always in a position of asking Council for parking spaces. She feels that it should be a commitment from the City and not an adversarial arrangement. Magalh~tes clarified that what we are asking for is short-term parking that would benefit all businesses, not only the Library. Craig has communicated with the Director of Parking, who is looking at ramp figures since the closing of lot 64 lA. Other businesses and facilities downtown also want parking. Swaim reminded the board that during the early stages of design, this site included parking nearby on 64-1A. In the original design review process, we would not have selected this design without the promise of parking and we received repeated assurances that provision would be made. Swaim said that there has to be accountability for it not happening. Parking is getting more difficult all around. When the building project is complete, short-term parking will improve somewhat outside the building on Linn Street, by changing the parking to diagonal and increasing spaces from 5 to 7. Currently there is no designated short-term parking in the Dubuque Street ramp. This issue also came up at a public meeting for 64 1 A where there was indication of sensitivity to the library's needs. If designating spaces in a ramp for the library is not affordable and cannot be managed, would the City reimburse for Park 'n Read? After reading the joint meeting transcript, Craig said that Council instructed the Library to return when parking on 64 1 A was gone. The new parking ramp south of Burlington will open in 2005. Craig explained that parking revenue is a non-operating budget income and if spaces were designated for the Library, it would reduce parking income. Swaim said that Council would have to deal with it soon. We need to address the new Council about the problem and convince them to take action. It was agreed that a letter should be sent about the parking needs, with a history of how the Library has been trying to resolve it. We've gotten commitments to short term parking and historically, we've made promises to the community. Dean said philosophically that in a university town and urban community, there is never going to be enough parking. Dean said that as a civic institution we should help support alternative public transportation, biking, etc. That has to be a piece of what we do. Singerman agreed that the issue of parking is something we should work for however she supports the notion of alternative means of getting to the library as well. Swaim reminded the Board, that with the new council, a discussion of parking might initiate suggestions of expanding outreach services. Suter asked if one option would be to ask Fowler to commit to a designated number of spaces and recommended that all the history be included in the letter. With off site book drops, the library is trying to accommodate people who cannot get downtown. Singerman asked what would happen to the Linn Street book drops once the building opens. Craig said they would be relocated to provide a third drop off point. Magalh~es offered to work with Craig to write a letter to Council. Board agreed. Agenda item 3A Page No 3 Building Proiect: Miller reported that we are 81% into the project and still ahead of schedule. Miller has met with 64 1 A people and our building people regarding issues for foot traffic in the Pedestrian Mall. There are some delays but Miller expects the south side of the building to be completed by mid January. He is still hoping to move into the second floor area by January-February. They've started cutting holes in the wall all the temporary walls will be coming down in the next few weeks. Miller has been watching the change orders carefully and watching costs to keep them down. We are within our contingency budget. There were no more questions. Miller will conduct a tour next month. "Good Job!" said the Board. New Business: Request from Development Office for funds to support a Spelling Bee Team. Curtin requested $300 from Board gift funds for a team sponsorship. Singerman moved approval. VanDusseldorp seconded. All in favor voted Aye. Motion passed 9-0. Change Meeting Date: Staff requested changing the meeting date for February. Director and two managers will be at the Public library Association's bi-annual conference on February 26. Request is to change the date to February 19. Suter made a motion to change the meeting date to February 19. Dean seconded. All in favor voted Aye. Motion passed %0. Staff Reports Departmental Reports: Children's, Systems, Technical Services A report on the "Begin with Books" program underwritten by Hills Bank prompted a question. The program started in 1991. Funding has been provided by Hills Bank & Trust since that time. Partnering with Iowa State Bank & Trust, ICPL will be offering several special family programs once we are located in the new building. These programs are aimed at preschool through primary grades and families. A question was raised about the collection plans and their availability to patrons. Black said she hopes to offer a summarized version in a standardized format on the Internet in the near future. In the meantime they are available in print form in the building. This is an ongoing process and the plans are reviewed on a routine schedule throughout the year. The tagging of books is completed. Black commented on the great job that staff has done getting the tagging done. Agenda item 3A Page No 4 Question for Penick: When we buy faster, newer pc's what do we do with the old ones? Penick explained that at this point they would go to Sharpless Auction. The ones that are taken to the auction are not very good; they are old and cannot run the more current programs. It would take more work time to manage a separate sale. Systems people are always working on moving the computers along; giving new, powerful computers to the power users and moving the older ones to less intensive uses. On opening day, we will have all flat screen monitors in the public areas. Development Office Report A fund raising event is scheduled for May 2. The room is being donated by the Sheraton, and they are generously allowing donated food to be brought in. The program will feature Iowa City authors and they will be auctioning off several dinners with a celebrity author. Singerman asked about the annual fund drive. Magalhaes took the opportunity to remind the Board about their contribution to the annual fund. He wants to see 100% participation from the Trustee and Foundation Boards. Budget session with Council. Craig reported that she hasn't received a date and time yet. Underwriting on WSUI/KSUI. It is in our plan to do some advertising this year. This opportunity is being offered as a promotion to downtown businesses. We will have a 30 second spot on both of those stations. Offer goes for a year and the language can be changed whenever we want. Swaim mentioned a teen line sponsorship for ads at the theatre and how successful it has been. He wondered if the Development Office might locate a donor or business to sponsor an ad at the IC theatres. On our web site go to the Community page and there is a page about Irving Weber with opportunities to share memories on the web site. Announcements from Members VanDusseldorp attendedthe Staff Recognition event last Friday. He said it was great to see so many people celebrating 15, 20, 25 and 30 years. Singerman aunounced that she has accepted a new position in Milwaukee. She will commute from her Iowa City residence and intends to remain on the Board and attend meetings until we open. She has resigned her position on the Foundation Board however and Suter will replace her. Agenda item 3A Page No 5 Disbursements A. Review Visa Expenditures for November, 2003 B. A motion to approve the disbursements for November, 2003was made by Suter and seconded by Swaim. All in favor voted Aye. Vote passed 9 to 0. Set agenda order for January meeting. Adjournment A motion was made to adjourn by VanDusseldorp and seconded by Suter. All in favor voted Aye. Vote passed 9 to 0. MINUTES Approved PUBLIC ART ADVISORY COMMITTEE THURSDAY, JANUARY 8, 2004 - 3:30 PM LOBBY CONFERENCE ROOM Members Present: Chuck Felling, Rick Fosse, Mark Seabold, Terry Trueblood Members Absent: Barbara Camillo, James Hemsley, Emily Walsh Staff Present: Marcia Klingaman, Karin Franklin Others Present: None Call To Order Chairperson Felling called the meeting to order at 3:35 PM. Public Discussion of Any Item Not on the Aqenda There was none. Consideration of Minutes from the November 6~ 2003 Meeting Felling noted the spelling of Ingall was incorrect. The correct spelling is Engle. MOTION: Felling moved to approve the minutes as amended. Fosse seconded the motion. All in favor, the motion passed 4-0. Discussion of Plans for FY05 Public Arts Project(s) The committee discussed the direction and what to pursue with the remaining FY04 budget of $30,500. Franklin also asked the committee for input and ideas on projects that they would like to see completed in FY05. Franklin said that she is anticipating that the Wetherby and Northside Neighborhood Art projects would probably not be completed in FY04. These two neighborhood committees are not far enough along in the planning process to be completed in FY04. However, the Goosetown and Longfellow will be completed and in place by this spring. Trueblood clarified that the balance of the capital budget would be $30,500 plus or minus if Wetherby and Northside Neighborhood Art Projects were expended. Trueblood also said that the Wetherby and Northside projects are not technically encumbered but are committed. Franklin agreed and said the committee could conceivably be looking at using the remaining budget on a single project. Franklin referred to the FY04- FY06 Committee Objectives and Strategies. The objective of completing the acquisition and placement of art in at least four neighborhoods by the end of FY05 is in progress and will be achieved by the end of FY05 with the Northside, Goosetown, Wetherby and Longfellow Neighborhood Art Projects. The other two objectives; the public art inventory maps and electronic options of surveying community opinion regarding public art; stated by the committee really are not capital projects, they are more operational projects. The committee discussed several ideas for public art including: new artistic handrails to replace the non- conforming rails on the Burlington Street Bridge; an addition to the trait connection, if approved, that will go under Interstate 80; a sculpture garden at the Waterworks Park; an item to add to the peninsula side of the new IRP pedestrian bridge; an interactive type sculpture/ad or sheltedart addition for the new Miller Orchard Park located on Benton Street; additional sculptures/art in existing City parks; an art object/improvement to the City owned corner of land at Highway 6 and Gilbert Street or Riverside Drive and Highway 6; something by the walkway along the Highway 6 bypass; an addition to the small park across from City Hall; and art additions to the entryways into the City. Public Ad Adviso~ Committee Minutes Janua~ 8,2004 Page 2 Trueblood and Klingaman noted the Miller Orchard Park is still in planning and the neighborhood could have input in an interactive art or shelter project. Trueblood said it could be possible for the Public Art and Parks Department to share in the cost of a project. For instance, a shelter with an ar[ component. Fosse noted that if art is involved in a park, he envisions it to be something more functional rather than an object to only be viewed. Trueblood said they must be very careful with an interactive art project, there are many rules for ADA and safety guidelines in making any kind of play equipment. He said he really likes the idea of interactive art but safety is an issue to be considered. Franklin, Felling and Seabold said that they like the idea of marking the entryways into the City. Trueblood stressed the need to get the Wetherby and Nor[hside neighborhood projects moving and approved in order to encumber the funds and make it easier to carry over to FY05. The committee discussed the political implications of funding for the Public Art program. Franklin said the Public Art program needs to be more visible, enthusiastic and partnered with local businesses in order to stretch the budget dollars. Felling noted the success of the partnership with the Lions Club to create the Irving Weber statue. Felting suggested they could possibly approach the local business community and let them know the Public Art Committee is open to joint projects, and would be happy to work with them on a project. Fosse suggested they put the new project topic on the agenda for next month. Franklin and Felling agreed. Updates · Herkyon Parade Klingaman reported the Herky on Parade steering committee is busy obtaining sponsors for the project. They currently have 36 sponsors and will take up to 75, which would coincide with the 75th anniversary of Herky and Kinnick Stadium. They plan to install the Herky statues by the first week of May and plan to have them all installed on the same night and have a grand unveiling. Klingaman said the artist's proposals for the statues are due by January 16, 2004. The sponsor can use a submitted artist's proposal or obtain his or her own artist to create a design. The blank Herky statues will be stored at the Iowa Children's Museum and some artists may work on them there also. Klingaman said the project has been fun and if the committee members know of an artist wishing to submit a proposal to have them contact her. · Neighborhood Art Projects Felling shared a neighborhood art project report/outline that he had created. He and Klingaman thought this guide could be helpful if used by other neighborhoods in the future. Felling said Longfellow and Goosetown art proposals have been approved by city council and are moving forward. The Northside neighborhood committee had discussed using some type of banners spread evenly around the neighborhood but after seeing the Goosetown proposal, they are now thinking of creating a project that would be complimentary to that proposal. Felling said he had not had a response from anyone with the Wetherby neighborhood committee since sending a letter explaining the Public Art Committee's position and thoughts about the neighborhood's original proposal. Klingaman said Wetherby neighborhood member Jerry Hanson, is planning on attending the February meeting to review and discuss their proposal. Public Art Advisory Committee Minutes January 8, 2004 Page 3 Felling noted the Creekside neighborhood has expressed a lot of interest in participating in the next Neighborhood Art Project. Felling said he has found it to be helpful to first do some research on the history of the neighborhood in order to create unique ideas for the neighborhood art project. · Sculptors Showcase Klingaman reported the council has approved the John Coyne project for placement on the Iowa Sculptor's Showcase. The installation of the sculpture is scheduled for March 1, 2004 and will be in place through May 2005. Klingaman said they have an artist interested in placing a sculpture for 2005. · Poetry in Public Klingaman reported the deadline for submissions for Poetry in Public is Friday, January 16, 2004. She said they have poetry submissions from elementary students and from the general public. They hope to have 24-30 poems printed for placement on City buses and downtown kiosks. Committee Time/Other Business Felling said the committee is looking for applications for Chairmanship of the Public Art Advisory Committee. The chairman and vice-chairman will be elected at the February committee meeting. He said he is very willing to share the chairman experience with another member but is willing to continue if needed. Adjournment MOTION: Fosse moved to adjourn the meeting. Seabold seconded the motion. The motion passed on a vote of 4-0. The meeting adjourned at 4:47 PM. Minutes respectfully submitted by Jennifer Sherlock data on citynlJp cd/rain u [e s/pu blic arlJart01-08-04.doc FINAL/APPROVED POLICE CITIZENS REVIEW BOARD ~ MINUTES - January '13, 2004 CALL TO ORDER Chair Loren Horton called the meeting to order at 7:00 p.m. ATTENDANCE Board members present: Candy Barnhill, Loren Horton, Greg Roth, John Stratton, and Roger Williams; Board member absent: None. Legal Counsel Catherine Pugh and Staff Kellie Turtle present. Also in attendance was Capt. Tom Widmer of the ICPD. RECOMMENDATIONS TO COUNCIL (1) Accept PCRB Report on Complaint #03-08, #03-09, and #03-10. CONSENT CALENDAR Motion by Stratton, seconded by Williams, to adopt the consent calendar. · Minutes of the meeting on 12/09/03 · ICPD Use of Force Report- November 2003 · ICPD Use of Force Report- December 2003 · ICPD Quarterly/Summary Report- IAIR/PCRB, 2003 Barnhill had a question concerning the number of allegations listed on the Quarterly Summary Report for item IA1#03-14. Widmer explained that there are three allegations for that item, only two were listed on this report because the third allegation came in after the report was complied and that the information would be corrected on the next summary. Motion carried, 5/0. NEW BUSINESS None. OLD BUSINESS None. PUBLIC DISCUSSION None. BOARD INFORMATION None. STAFF INFORMATION Turtle requested each Board Member to check their information on the updated member list. EXECUTIVE SESSION Motion by Williams, seconded by Stratton, to adjourn into Executive Session based on Section 21.5(1 )(a) of the Code of Iowa to review or discuss records which are required or authorized by state or federal law to be kept confidential or to be kept confidential as a condition for that government body's possession or continued receipt of federal funds, and 22.7(11 ) personal information in confidential personnel records of public bodies including but not limited to cities, boards of supervisors and school districts, and 22-7(5) police officer investigative PCRB-Page 2 January 13, 2004 reports, except where disclosure is authorized elsewhere in the Code; and 22.7(18) Communications not required by law, rule or procedure that are made to a government body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination. Motion carried, 5/0. Open session adjourned at 7:06 P.M. REGULAR SESSION Returned to open session at 7:40 P.M. Motion by Stratton, seconded by Barnhill, to forward the Public Report as amended for PCRB Complaint #03-08, #03-09, and #03-10 to City Council. Motion carried, 5/0. Motion by Stratton, seconded by Barnhill, to set the level of review for Complaint #03-11 to 8-8-7(B)(1 )(a), on the record with no additional investi§ation. Motion carried, 5/0. MEETING SCHEDULE · February 10, 2004, 7:00 P.M., Lobby Conference Room · Mamh 9, 2004, 7:00 P.M., Lobby Conference Room · April 13, 2004, 7:00 P.M., Lobby Conference Room Horton will not be in attendance at the February meeting. Stratton will possibly be gone for the March meeting and Barnhill will not be available for the April meeting. ADJOURNMENT Motion by Barnhill, seconded by Stratton, to adjourn. Motion carried, 5/0. Meeting adjourned at 7:45 P.M. POLICE CITIZENS REVIEW BOARD A Board of the City of Iowa City 410 East Washington Street Iowa City IA 52240-1826 ,...., (319)356-5041 TO: City Council © .~~:=: -t-I Complainant Stephen Atkins, City Manager R. J. Winkelhake, Chief of Police Officer(s) involved in complaint FROM: Police Citizens Review Board co RE: Investigation of PCRB Complaint #03-08, #03-09 and #03-10 DATE: 13 January 2004 This is the Report of the Police Citizens Review Board's (the "Board") review of the investigation of Complaint PCRB #03-08, #03-09 and #03-10 (the "Complaint"). Board's Responsibility Under the City Code of the City of Iowa City, Section 8-8-7B (2), the Board's job is to review the Police Chief's Report ("Report") of his investigation of a complaint. The City Code requires the Board to apply a "reasonable basis" standard of review to the Report and to "give deferenceS' to the Report "because of the Police Chief's professional expertise" Section 8-8-7B (2). While the City Code directs the Board to make "findings of fact", it also requires that the Board recommend that the Police Chief reverse or modify his findings only if these findings are "unsupported by substantial evidence", are "unreasonable, arbitrary or capricious" or are "contrary to a Police Department policy or practice or any Federal, State or Local Law''. Sections 8-8-7B (2) a. Board's Procedure The Complaints were received at the Office of the City Clerk. Two were filed on August 1, 2003 and a third on August 20, 2003. As required by Section 8-8-5 of the City Code, the Complaints were referred to the Chief of Police for investigation. The Chief's Report was due on October 30, 2003. An extension was requested and granted With an extended due date of December 5, 2003. The Chief's Report was filed with the City Clerk on December 3, 2003. PCRB fl03-08, #03-09 and #03-10 Page 1 The Board voted to review the Complaints in accordance with Section 8-8-7B(1)(a), on the record with no additional investigation. The Board met to consider the Report on December 9, 2003, and January 13, 2004. Findinqs of Fact - PCRB Complaints #03-08 and #03-09 On June 11, 2003, Officer A was summoned to a convenience store in response to a dispatched fight in progress call. Complainants A and B and Participant C were all present. Officer D recalled being the second officer to arrive at the scene. Upon arrival, Officer D noted that Complainants A and B were standing toward the north end of the west side of the storefront and Participant C was at the south end of the store. Conflicting information obtained in interviews with Complainants A and B, Participant C, and Clerks A, B, and C make it difficult to determine the exact sequence of events, who was involved in the altercation, who remained inside and/or outside the store, who placed the call to the police and if the altercation was simply verbal or if physical contact occurred. After the initial confrontation between Complainants A and B and Participant C began outside the store, Clerk B exited the store, separated the parties, directed Complainant A inside the store, and requested Participant C to leave the property. Participant C refused to leave the premises stating he wanted to wait for the police to ardve. It is unclear when Complainants A and B exited the store. All parties interviewed agreed that only Officer A spoke with Complainants A and B dudng the information gathering and resolution period. Officer A described his personal demeanor as stern and projected with an elevated voice level to the Complainants to affirm his directive that they needed to immediately leave the area or be arrested. The Complainants were also informed by Officer A that charges would not be filed against Participant C for their allegation that he had committed an assault. Complainant B informed Officer A he had left personal property inside the store and was unwilling to leave the premises without retrieving it. In his interview, Officer A admitted to touching Complainant B on the shoulder to direct him to speedily retrieve his property from the store and leave the premises. Witness accounts support that Officer A did touch Complainant B's shoulder, but not in a manner to cause pain or injury or to be insulting to Complainant B. In his interview, Clerk B, stated that "Officers returned inside and asked if the stere wanted any trespass warnings issued. He said they told the officers they wanted Participant C issued a trespass warning. After delivering the message to Participant C, the officers and the two parties left." [P. 6, Investigation section, Chief's Report dated 12/3/03]. With respect to PCRB complaint #03-09, interviews with Participant C, Clerks A, B, and C, and Officers A, B, and D affirm that Officer B was not present at the call. In their PCRB #03-08, #03-09 and #03-10 Page 2 separate interviews, Complainants A and B both indicated that when they had called the Police Department on 6/11/03 to ask who had responded to the altercation at the convenience store, they had been told it was Officer B. Complainant B, in his interview regarding complaint #03-09 said, "...Complainant A gets information scrambled due to the amount of medications she's on. Complainant B said that this happens to him as well." [P. 4, Investigation section, Chiefs Report dated 12/2/03]. In his interview Complainant B said that Officers B and D looked somewhat alike. He did not recall Officer B responding to the call. Officer B, when asked by the Chief of Police and again by the officers investigating the PCRB complaints if he responded to this particular incident said there was no doubt in his mind that he was not at this call. PCRB complaint #03-10 involves a sedes of incidents throughout various locations within the City. In separate incidents, both Complainants A and B departed the area where they were to meet officers before the Officer(s) arrived. In both instances, Officer C made an effort to locate Complainants A and B. Upon locating them, contact was initiated and Officer C took appropriate action as requested by Complainant A, i.e. the issuance of a directive to Participant C to have no contact with Complainant A; drive-bys of locations of alleged vandalism on property owned by Complainant A and on property not owned by her; and obtaining a copy of her journal. Complainant A did not provide names of the alleged witnesses to the vandalism so Officer C could follow-up with those parties. Complainant B declined to take any action following the alleged assault nor is there any record of his having made a request for Officer C to take any further action at a later date. Conclusion Complaint #03-08 Alieqation # 1: Rudeness The observations and statements of all witnesses to the event of June 11, 2003 including Complainants A and B, Participant C, Clerks A, B, and C, and Officers A and D indicate Officer A had sole contact with Complainants A and B after his arrival on the scene. Officer D recalled Complainant B becoming belligerent with Officer A's position on the call. Officer A indicated he projected his personal demeanor as stem and with an elevated voice level to affirm his directive to Complainants A and B that they needed to leave the area or be arrested after Complainant B had become argumentative with him. Statements by Clerks A and C indicate some confusion as to their recollection of this particular event due to numerous prior altercations between Complainants A and B and Participant C. Clerk B denied any rudeness on the part of Officer A toward the Complainants. The Board finds that the Chief's conclusions are supported by substantial evidence and are not unreasonable, arbitrary or capricious. Allegation #1 of the PCRB #03-08, ~03-09 and #03-10 Page3. complaint is not sustained. Alle.qation # 2: Assault. Complainants allege that Officer A committed an assault by shoving the shoulder of Complainant B when he turned toward the convenience store to retrieve his personal belongings which were still inside the store. Officer A admitted to touching Complainant B when directing him into the store to retrieve his property and to bring a more speedy conclusion to the disturbance. The observations of Officer D, Clerks A and B lend no support to the contention that Officer A's actions were done with any intent to cause pain, injury or to be offensive to Complainant B. The Board finds that the Chief's conclusions are supported by substantial evidence and are not unreasonable, arbitrary or capricious. Allegation #2 of the complaint is not sustained. Complaint #03-09 Alleqation # 1 Failure to Supervise. Testimony of responding officers, officer not at the scene, Participant C and Clerks affirmed that Officer B was not present at the call. As noted in the Chief's report, "There were additional concerns related to the accuracy of the complainant's accounts of this matter given the fact that no one ... supports the complainant's assertion at Officer B was present at the scene of the fight in progress call. This obvious discrepancy lent itself to questions regarding the complainant's recollections about the entire matter." [P. 2, Synopsis section, Chief's Report dated 12/3/03]. Complainant B also stated that both he and Complainant A sometimes do not recall events accurately. The Chief's report concluded, "Regardless of which officer may have been present, there is no evidence to suggest that intervention was necessary or appropriate, and as such, the failure to supervise claim is without merit." [P. 10, Conclusion of Fact, Chief's Report, dated 12/2/03]. The Board finds that the Chief's conclusions are supported by substantial evidence and are not unreasonable, arbitrary or capricious. AJlegation #1 of the complaint is not sustained. Complaint #03-10 Allegation #1: Failure to Investiqate. The Board believes that reasonable steps were taken by Officer C to address the issues of continued harassment and vandalism by Participant C against Complainant A. The Board also recognizes that Officer C took additional actions to locate and initiate contact with Complainants A and B when they had departed the areas they were to have met him at prior to his arrival. Officer C, at the request of Complainant A, located Participant C and issued a harassment warning and continues to reaffirm the waging O PCRB #03-08, #03-09 and fl03-10 © -<.. =: 'TI Page 4 r. ri with Participant C each time Officer C sees him. Officer C obtained copies of Complainant A's journal which contained information regarding prior harassment incidents. Officer C initiated drive-by visual verifications of vandalism to property belonging to Complainant A and also to property she reported as being vandalized by Participant C but not owned by her. Complainant B, on the night he was assaulted, declined to be involved in the issuance of a criminal complaint. The Chief's report stated that there was no evidence to support Complainant B's statement that he'd told Officer C at a later time that he wanted to pursue a criminal charge. The Board will defer to the ChieFs assessment, If any insufficient act is to be attributed to Officer C, it is the fact that he did not make a more assertive effort to have Complainant A identify the witnesses she claimed to have. The Board finds that the ChieFs conclusions are supported by substantial evidence and are not unreasonable, arbitrary or capricious. Allegation #1 of the complaint is not sustained. Comment None. PCRB #03-08, #03-09 and #03-10 c~ Page 5