Loading...
HomeMy WebLinkAboutMin - LB - 2012.12.12 BURLinGAME City of Burlingame Library Board of Trustees Meeting Minutes Suspension of Burlingame Library Privileges December 12,2012-2:OOPM I. Call to Order President Corcoran and the Trustees agreed to delay the hearing officially scheduled for 2:00pm until 2:15pm to give Mr. Brian O'Meara and Ms. Rosalyn Aitken extra time to appear before their hearing began. At 2:1Spm President Corcoran called the meeting to order and noted that there were two items on the agenda both of which required consideration of the Library staffs'request to suspend Library privileges for two individuals who violated Library rules and exhibited inappropriate behavior that was disruptive to Library staff and patrons. President Corcoran emphasized that the Trustees consider the suspension of an individual's right to use the Library a serious matter. II. Roll Call Trustees Present: Betsy Corcoran, Deborah Griffith, Katie McCormack Lisa Rosenthal,Sandy Towle Trustees Absent: None Staff Present: Pat Harding,City Librarian Sidney Poland, Recorder City Representatives: City Attorney:_ Gus Guinan Police Sergeant: Don Shepley Police Officer: Heather Farber Members of the Public : Jefferey Griffith and Jim Cannon III. The Hearing for both individuals will be conducted as follows: • Presentation by City Librarian. • Individual presents his/her case. • Trustees ask questions of City Librarian and individual. • Trustees review and discuss the matter and render a decision. IV. In the-Matter of Mr.O'Meara A. Pat Harding,City Librarian,presented the facts leading to staffs request to suspend Mr. O'Meara's Library privileges and stated that Mr.O'Meara has a history of inappropriate behavior in the Library. 1. January 2008-Pat Harding located the first incident report on Mr.O'Mearea. A staff person found him lying on the floor. Mr.O'Meara stated that he was offloading on drugs given to him by the FBI;police were called. 2. April 22,2012 -patron reported that Mr.O'Meara was washing his clothes in the men's rest room.This is a violation of the rule: "using library facilities for purpose other than those associated with normal library usage." This activity interferes with other patrons using the rest room. This was not the first time this offense has occurred. 48o Primrose Road•Burlingame-California 94010-4683 Phone(650)558-7474 Fax(650)342-6295-www.burlingame.org/library 3. October 12,2012 -Mr.O'Meara verbally and physically threatened another patron on the front porch because he was smoking. Mr. O'Meara told the patron that he (Mr. `-' O'Meara) had a gun. The police were called. Mr.O'Meara's bags were searched and no gun was found.-The police filed a report. This is a violation of the rule: "verbally or- physically threatening other patrons or library staff'. 4. October 20,2012 -Mr.O'Meara verbally threatened staff person,Veronica Feifer, when she was smoking outside the Library at the required distance away from the building. He told Veronica that she was a"loser"and she should"throw herself off a bridge."This is violation of the rule:"verbally or physically threatening.other patron or library staff'. _ B. Board Has Authority to Suspend Library Privileges 1. Ms.harding reviewed the California Education Code section 18960 which states that "a Library has the authority to establish rules"and to"exclude from privileges" of the Library,those person who violate rules. 2. Burlingame Municipal Code Chapter 3.44 The Library Board'of Trustees has the authority to establish rules and this Board has adopted rules for patrons to observe in the use of the Library. These rules prohibit the use of the Library for non-Library-related activities;prohibit the use of the Library for activity which unreasonably interferes with other patrons'use of the Library. Ms. Harding stressed the fact that patrons have the right to use the library without fear of being made to feel uncomfortable or being threatened. Specifically referenced from the 2009 "Role of Library Trustees"is the statement that the Library Board of Trustees has the"power to bar persons whose continued inappropriate behavior necessitates action". C. Conclusion of City Librarian's Presentation Ms.Harding stated that,from her observations and those of the Library staff,Mr. O'Meara's behavior was becoming increasingly more disruptive and threatening to patrons of the Library. Ms. Harding requested that the Library Board of Trustees: 1) suspend Mr. O'Meara's library privileges including all access to Library buildings and grounds from today's date, December 12,2012 through December 31, 2013. 2) That suspension of access to the Library buildings and grounds would include both inside and outside the Burlingame Public Library; outside of the Library would include all Library grounds and would extend to the public sidewalk. 3) Pat further requested that the suspension and banning be effective immediately. 'D. Presentation by Mr O'Meara-Mr.O'Meara failed to appear at his hearing. Sgt.Shepley stated that Mr.C'meara was personally served legal notice of this hearing on December 5, 2012 by Burlingame police officer Jim Ford.Specifically the notice informed him that this hearing was to be held on December 12, 2012 at the Burlingame Public Library in the Lane Community Room at 2:00pm. E. Board of Trustees Questions on this Matter to City Librarian Sergeant Shepley and Gus Guinan The Questions and replies are as follows: 1. Question: Was Mr.O'Meara given warning that other patrons were complaining? Answer: Yes 2. Question: Has Mr.O'Meara been in the Library since he was served? Answer: No 3. Question: Has he been seen with his acquaintance known as"Monster"around Burlingame? Answer: Sergeant Shepley noted that the police have not seen Mr.O'Meara since �. he was served with notice of this hearing. 4. Question: Did he know Veronica Feifer was a Library employee? Answer: Veronica was wearing her Library employee badge at the time of the confrontation so he probably knew. S. Question: Are'there any other incidents of violence on the part of Mr.O'Meara that- police are aware of? Answer: Sergeant Shepley noted that there was an incident at an apartment with Mr:O'Meara and his'roommate where he became violent towards the police officer. 6. Question: Has Mr.O'Meara exhibited unacceptable behavior at other libraries? Answer: Pat Harding was not aware of incidents at other libraries. 7. Question: Is there confirmation that Mr.O'Meara actually has a weapon? Answer: Sergeant Shepley stated that there is no evidence that Mr.O'Meara carries a weapon. Sergeant Shepley advised the Trustees that any indication that a person has a weapon,changes the dynamics of the situation regarding the action taken by the police officers. 8. Question: If Mr.O'Meara returns after his one year suspension and his behavior has not " changed what is the procedure? Answer: There would be another hearing. 9. Question: Does the suspension extend to the Easton Branch Library? Answer: Yes 10. Question: When does suspension begin? Answer: Immediately 11. Question: What happens if Mr.O'Meara violates the suspension? Answer: Staff would immediately advise police and he would be arrested for trespassing if he refused to leave. `-- F. Other Comments 1. Sergeant Shepley commented that he felt a one year suspension would be a cooling off period and it sends a message to Mr. O'Meara that he needs to Correct his behavior. Also it gives Mr. O'Meara the message the Library is supportive of the police officers efforts in this matter. 2. Gus Guinan,City Attorney,noted that Mr.O'Meara would be served a letter advising him of the Trustees'decision and the terms of that decision. G. Decision of the Library Board of Trustees The Trustees unanimously approved the motion of President Corcoran that in consideration of the evidence of Mr.O'Meara's threatening and inappropriate behavior in the Library,he should be banned from the Burlingame Public Library and its surrounding property for the calendar year beginning from December 12, 2012 to December 31, 2013. M/S/C (Corcoran/McCormack) V. In the Matter of Ms.Rosalyn Aitken A. Pat Harding,City Librarian,presented the facts leading to staffs request to suspend Rosalyn Aitken's library privileges. 1. Ms.Rosalyn Atikin has been a library patron for over 20 years. Last fall,staff noticed severe changes in her appearance.,She lost a lot of weight,her skin became brown and her body hygiene became offensive. Staff were concerned Rosalyn was homeless. 2. Ms. Harding contacted the police and asked for then to conduct a wellness check. The report from the wellness check was that Ms.Atikin had her own apartment. Her mother was contacted and reportedly checks on her. 3. In October and November,Library staff noted that Ms.Atikin,who was present in the main Library,had a body odor which had become extremely offensive and smelled like feces.This was disruptive to other Library patrons and interfered with their use of the Library. 4. During this same period,six incidences of defecation in the library occurred. While staff believed Ms.Atikin was the cause of the problem,no one could had actually observed her commit this offensive conduct. S. On November 12th, Ms. Harding,upon observing her in the Library,spoke with Ms.Atikin in private and told her that she had asked the police to do the wellness check. Ms.Harding explained to Ms.Atikin that she would have to leave the Library due to her poor hygiene condition and"disruptive body odor. Before leaving,Ms. Atikin, asked Ms. Harding why she had called the police and Ms. Harding again told her it was because of staff s concern about the change in-her appearance. As Ms. Atikin was leaving the building,she defecated on the Library floor in the presence of Ms. Harding. B.Conclusion of City Librarian's Presentation Ms.Harding cited Ms.Aitken's violation of library rule: "activity that unreasonably interferes with other patrons'use of library(offensive body hygiene; defecation on Library floor)behavior that is prohibited by law. Ms.Aitken's hygiene issues have created a health hazard in the library especially for staff who have had to clean up the defecation. For all the reasons stated,Ms. Harding requested the Board of Trustees suspend Ms.Aitken's library privileges for a period of one year beginning immediately. It is hoped that Ms.Aitken's will use this opportunity to get help for her hygiene issues. C. Presentation by Ms.Rosalyn Aitken Ms. Rosalyn Aitken failed to appear at her hearing. Sgt Shepley stated that Ms.Aitken was served notice of this hearing on November 30, 2012 by Burlingame Police Officer David Perna at her residence.The notice specifically stated the time,date and location of this hearing. D. Questions and Comments from Library Board of Trustees The Trustees recognized that Ms.Aitken situation was different from Mr.O'Meara's,but it was generally determined that her offensive body hygiene is unhealthy to other patrons,as well as staff. Trustee McCormack felt it would have been helpful if a representative or advocate of Ms.Aitken had appeared to explain the case.Trustee Griffith emphasized that the Trustees should support the staff request to suspend Ms.Aitken. E. Decision of the Library Board of Trustees The Trustees unanimously approved the motion of Trustee Rosenthal that in consideration of the health issues pertaining to this case,Ms.Aitken should be banned from the Burlingame Public Library and its surrounding property for the calendar year beginning from December 12, 2012 to December 31, 2013. M/S/C (Rosenthal/Griffith) F. Board Recommendation The Trustees stated that the Board would be open to holding another hearing on Ms. Aitkin's behalf if she is able to resolve her hygiene issues. VI. Adjournment The special meeting of the Library Board of Trustees in The Matter of Mr. O'Meara and Ms. Aitken was adjourned at 3:05 pm. tfully Submitte Patricia Harding City Librarian