June 2010 - Parks & Recreation - 26

LAW REVIEW continued from page 23

the new member purchased the token
and contain the identifying number of
the token that was purchased. The tokens are not transferable and may not
be used by more than one person.
The CRC's rules, policies, and procedures in effect during the relevant
time period were contained in the CRC
Aquatic Division Program Brochure
2007. The rules provided that the CRC
" has the responsibility to provide a
clean, pleasant, and safe environment
for public swimming. "

require immediate corrective action, "
the CRC grants lifeguards " full authority to act in order to ensure the
safety of swimmers. "

The brochure also contained a list
of " General Facility Rules, " including
the following: " Only adults supervising
children are permitted inside [the] pool
area wearing street clothes, and should
remain back near the fence, not up by
the pool. "

School Incident
During 2007, Jeff Brokamp was the

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JUNE 2010

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principal of Mt. Washington Elementary School, which is located next to Mt.
Washington pool. For two days in " April
or May " of 2007, Kennedy allegedly was
" staring " at children at the elementary
school during a field day. The children
and teachers felt " uncomfortable " with
Kennedy " standing very close " to them.
Therefore, the teachers sent two students
into the school building to inform Brokamp of the situation and their discomfort. Brokamp followed the students into
the field, watched Kennedy for a " few
seconds " and then approached and introduced himself. Brokamp spoke with
Kennedy for a " few minutes " and asked
him to move away from where the children were playing. Kennedy subsequently left the area.

Ann Couzins was the pool manager for
Mt. Washington pool in 2007. According
to Couzins, Mark Celsor, the director of
the Mt. Washington Recreation Center,
had asked her to " keep an eye on " Kennedy even before he joined the pool because of the incident that had occurred at
Mt. Washington Elementary School. This
request was also made by pool supervisor and defendant David Hudepohl, who
asked Couzins " to go ahead and keep
an eye on him " and to maintain a log
of Kennedy's actions. Couzins testified
that for " four or five days in a row " she
saw Kennedy " just standing outside the
gate watching the pool and looking at the
kids. " She described his behavior as " a
little bit strange. "
In June 2007, Kennedy purchased a
pool token from the CRC for $10. During June, Kennedy frequently used the
pool token to visit the CRC operated pool
in the neighborhood of Mt. Washington.
As instructed, Couzins kept a record of
the pool staff's observations of Kennedy.
Couzins did not personally see Kennedy interacting with any of the children
at the pool, but noted the observations
of the other lifeguards. She testified that
all of the lifeguards observed Kennedy
at the pool watching the kids, and that
they " all felt uncomfortable around him. "

June 2010 - Parks & Recreation

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