Risch initiated an investigation to determine whether public safety officers responded appropriately to what was described as a "melee" that night. But the Public Safety Officers Association questioned the appropriateness of Risch's inquiries and at the Oct. 7 city council meeting, asked the council to determine whether Risch improperly responded to the incident.

Mayor Julia Miller formed a subcommittee to look into Risch's actions without a vote of the council. Councilmen Manuel Valerio and Fred Fowler and one other council member to be determined will serve on the committee.

On Aug. 31, four calls were made to 911 that described the scene as a gang-related fight involving 10 juveniles. One person allegedly displayed a knife, three people were reported to have blood on them and some juveniles reportedly jumped up and down on an SUV and broke its windows. During the calls the operators could hear screaming and yelling.

Fourteen officers, including three supervisors, responded to Murphy Street.

Risch found out about the incident as it occurred because his daughter Jennifer Brown works at the Forum nightclub on Murphy Street and called him. During a statement made at a council meeting in September, Risch said, "My daughter reported to me that the closure of the Forum nightclub was based upon alleged illegal activities that occurred in the parking lot of another business three-quarters of a block away."

Risch immediately called City Manager Robert LaSala after midnight, with questions about the incident. LaSala called Chief Ernie Bakin, who in turn called one of the supervising officers out of the scene to respond to the questions originating from Risch.

Three days after the incident, Risch followed up with more questions to the city manager, which resulted in an investigation of the incidents that took place on Aug. 31.

According to officers on the scene, the activities took place in the Macy's parking lot. However, the calls to 911 did not report where on Murphy Street the incidents were taking place.

One of Risch's primary concerns was that the Forum was the only business targeted that night. According to Chief Bakin, the officers on duty asked, but did not order, the Forum to close 22 minutes prior to its regular closing hour.

The officers on duty reported that juveniles were the cause of the "melee" and no businesses at that time of night were open to minors, except the Forum, which holds a special night for minors every Sunday night.

The officers did not arrest or cite anyone that night.

According to Victor Ajlouny, a consultant with the officers association, Risch's immediate inquiries impeded the work being done by officers because it resulted in an officer being pulled out from the scene.

"Information could have waited for an 8 a.m. phone call by Tim to the city manager. Pulling officers out of the scene puts the other officers in danger," said Ajlouny.

Risch also questioned the number of officers (14) who responded to the scene, because he said it concerned parents who were picking up their children from the nightclub and also because he said the incident may not have required such an extensive use of public safety resources.

Steve Fisk, president of the officers association, said, "How many officers should public safety send when we receive reports of a public disturbance involving many people, when we receive multiple calls of a large fight, when that fight is reported to involve weapons, when we have reports of injured participants? There should be no doubt that we should send every available officer."

Ajlouny said, "If they only sent one or two cars and people got hurt, somebody would be screaming."

At the Oct. 7 council meeting, LaSala said that the investigation, while not common, was procedural. He also said the investigation showed that the public safety officers acted appropriately.

The city attorney did review the situation and determined that Risch and LaSala did not violate the city charter. Nevertheless, the subcommittee will meet and review their actions to determine if any misconduct took place.

Before the mayor's decision to form the subcommittee, Councilwoman Pat Vorreiter questioned the timing of the request by the Public Safety Officers Association just weeks before the upcoming election. The association endorsed Risch's opponent Melinda Hamilton.