01-748QRIGI�SAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Committee: Date
1 RESOLVED, that the Taxicab Driver's License held by Dennis Wasson is hereby
2 revoked based upon his conviction for Test Refusal on December 19, 2000.
4 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum
5 contained in the ALJ Report in this case, dated June 4, 2001, aze expressly ratified and adopted
6 as the written findings and conclusions of the Council in this matter, and the recommendation of
7 the ALJ is adopted, and any license currently issued to Mr. Wasson is revoked and shall not be
8 renewed.
10 FURTHER RESOLVED, that the costs of the hearing in this matter shall be assessed to
11 Mr. Wasson based upon the fact that no hearing was ever scheduled on the motion filed to
12 withdraw his guilty plea. It appearing that the hearing was held only far the purpose of delay,
13 pursuant to Saint Paul Legislative Code §310.05(k)(i) costs of the ALJ hearing are properly
14 assessed against the licensee and he is order to pay the sum of $336.70 within thirty days from
15 the adoption of this Resolution.
16
17
18
19
20
21
22
This Resolution is based upon the record of the proceedings before the ALJ, including the
hearing on May 2, 2001, the documents and e�ibits introduced therein, and the deliberations of
Council in open session on June 27, 2001.
A copy of this Resolution, as adopted shall be sent by first class mail to the
Administrative Law Judge and to Dennis Wasson and his attomey, Richard Coleman.
Requested by Department of:
Adopted by Council: Date ,y��` �}`c� 0�
� >
Adoption Certified by Counci �.�ecr ta
BY: 11 \ � f >
�— �/c� � �
Approved by Mayor: Date z�
By:
f�7"l/I+�.
lC
BY� �iT� � '_ "�jtLf.6
Form Approved by City Att�ey
By: �J —
Approved by Mayor £or Submission to Council
By:
Council File # � l� 7�{ �
Green Sheet # 10 .� a GS
OFFICE oF LI$P nate: GREEN SHEET
Virginia Palmer July il, 2ooi
266-8710 No . 103265 ���yY
1 BPARITffiNT DIRHCTOR ITY COONCIL
� 'L ITY AITORNHY ITY Q.ERK
w�v«
ust be on Council Agenda by: p°° �T D=�acroR xx. ��cx. svc. Du�.
'�'�� �— � Q � � 3 rox cox assxsraNx)
OTAL # OF S GNATUR73 PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTIOI3 RE¢UESTED:
resolution revoking the Taxicab Driver's License held by Dennis Wasson based
pon his conviction for Test Refusal on December 19, 2000.
OSdfSENDATIONS: AYPROVB (A) OR RSJHCT (R) SRROHI.L 58RVIC8 CONTRACPS MQSR ANS/i8R THH FOLLOWIIiG:
PLANNING COMMISSION CIVIL SSRVICfi CONA7ISSION 1. Has the person/firm ever worked under a contract for this depastment?
CIB COFA7IR1$B BUSINESS REVISW COIINCIL YES NO
STAFF _ Has this person{fixm ever been a City employee?
DISIRICP COUAT Y%S NO
� 3. Does this person/£irm possess a skill not normally possessed by any
UPPORTS A'HICH COUNCZL OSJECTIVE? Current City employee?
YES RO
lain all YSS aaswera on a separate aheet aad atCach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
VANTAGES IF APPROVED: p �, ���<'°�
�i��'� ��'.".ri3�,,.G;.
a
DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY DTIJMBER
FINANCIAL INFORMATION: (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
C�nyton M. Robinton, Jc, Ciry Attorney
�
CITY OF SAINT PAUL Civi[Divis�on
Nonrs Colemnn. Mayor 400 Ciry Hall
I S West Kellogg BIvA.
Sairst Paul, Minrtesota 55f0?
;
June 13, 2001
NOTICE OF COUNCIL HEARING
Richard 7. Coleman
Attomey at Law
295 Marie Avenue East
West Saint Paul, NfN 55118
Telephorte: 65! 266-8710
Fncsimite: 65t 298-5619
ai -��
RE: Administrative Law Judge's Report re Dennis Wasson Application for Renewal of
Taacicab Driver's License
Dear Mr. Coleman:
Please take notice that a heazing on the report of the Administrative Law Judge conceming the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2001, 3n the
City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. I
have contacted the Criminal Division and leamed that no hearing was scheduled on this motion
and in fact, that a probation violation warrant was issued for Mr. Wasson based upon his failure
to attend the MADD Panel. Accordingly, we will be requesting the suspension of Mr. Wasson's
taxicab driver's license at this hearing.
You have the opportunity to file exceptions to the Administrative Law Judge's report with the
City Clerk at any time during normal business hours. You may also present oral or written
argument to the council at the Hearing. No new evidence will be received or testimony taken at
this hearing. The Council will base its decision on the record of the proceedings before the
Administrative Law Judge and on the arguments made and exceptions filed, but may depart from
the recommendations of such Judge as permitted by law in the exercise of its judgement and
discretion.
Sincerely,
• �� _� p
(�� �-(, vu-�
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, LIEP
June 4, 2001
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Fred Owusu
City Clerk
City of St. Pau1
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
RE: In the Matter of the Application for Renewal of Taxicab
Driver's License of Dennis Wasson; OAH Docket No.
15-6020-14144-3
Dear Mr. Owusu:
61•�`��
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions of Law and Recommendation in the
above-entitled matter. Also enclosed is the official record, with the exception of
the tape recording of the hearing which will be dupficated and sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEVE JONES H D!N
Administrative Law Judge
Te I e p h o n e: 612/341-7606
BJH:aws
Enclosure
cc: Richard J. Coleman
Virginia D. Palmer
{�1_�1�
JUiv s_'=� _.,.
CITY ATTO�iNEY
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Emp4oyer
Administrative Law Section & Administrative Services (612) 341-7600 eTTY No. (612) 341-7346 � Fax No. (612) 349-2665
o�-��t�'
15-6020-14144-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
Application for Renewal of Taxicab FtNDINGS OF FACT,
Driver's License of Dennis Wasson CONCLUSIONS OF LAW
AND RECOMMENDATION
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., May 2, 2001, at the St. Paul City Hall,
Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was
held pursuant to Notice of Hearing dated March 27, 2001. Virginia D. Palmer,
Assistant City Attorney, 400 City Nali, 15 West Kellogg Blvd., Saint Paul,
Minnesota 55102, appeared on behalf of the City's Office of Licensing,
Inspections and Environmental Protection (LIEP). Richard J. Coleman, Attorney
at Law, 295 Marie Ave East, West St. Paul, MN 55118, appeared on behalf of
Dennis Wasson, the Licensee. The record closed on May 2, 2001, at the close of
the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Paul City
Council will make the final decision after a review ofi the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendation.'
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy ofi the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
Did the O�ce of Licensing, Inspections and Environmenfal Protection
properly deny Mr. Wasson's appiication for renewal of his taxicab driver's
license?
' St. Paul Leg3slative Code § 310.05 (c-1).
z Minn. Stat. § 14.62, subd. 1(2000).
FINDINGS OF FACT
a � _��lY
1. The parties have stipulated to the essential facfs. On December
19, 2000, the Licensee pled guilty to refusing to take a test of his blood aicohol
level when stopped by the police for speeding.
2. Based on the conviction, the LIEP notified the Licensee that it
wouid not recommend renewal of his taxicab driver's license.
3. The Licensee appealed the recommendation and requested a
hearing.
4. The Licensee has filed a motion in state district court to withdraw
his pfea of guilty. No hearing had been heid o� that moi�on as of the date of this
hearing.
5. Any Finding of Fact more properiy termed as a Conclusion is
hereby adopted as a Conciusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paui City Council have
jurisdiction in this case 6
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ali relevant substantive and procedural requirements
of statute and rule.'
3. The City has authority to deny, suspend or revoke a license and to
impose penalties for viofation of applicable statutes and rules 8
4. The City has the burden of proving that the application for a license
should be denied by a preponderance of the evidence.
5. The City requires that a person must have a taxicab driver's license
in order to drive a taxicab within the City.
' Exhibits 4 and 5.
° Ex. 2(although Ex. 2 misstates the criminal offense).
5 Ex. 3.
6 .Saint Paul Lenislative Code §§ 310.05, 37616; Minn. Stat. § 14.55.
' See Minn. Stat. § 14.57 — 14.61; Saint Paul Legislative Code § 310.05.
8 Saint Paul Legislative Code § 310.06.
9 Saint Pau1 Legislative Code §376.1 b.
2
a►-�u�'
6. The Licensee pled guilty to refusing to take a breathalyzer test.
Pursuant to the Saint Paui Legisiative Code, persons who refuse fo take a
breathafyzer test are not eligible for a taxicab driver's license.
7. The Licensee is ineligibie for renewal of his taxicab driver's license.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HERESY RECOMMENDED: that the City of Saint Paul deny
renewal of the taxicab driver's license to Dennis Wasson.
Dated this 4 day of June, 2001.
BEVER ONES H ING
Admini ative Law Jutlge
Reported: Tape-recorded (one tape)
MEMORANDUM
The parties have agreed that the city is authorized to deny the Licensee's
appiication for a taxicab driver's license because the Licensee pled guilty to
refusing to take a blood alcohof test. The parties have also agreed that if the
Licensee's motion to withdraw the guilty plea is granfed, the City will renew the
taxicab driver's license, subject to further action in state district court. If the
Licensee's motion is denied, he agrees to turn in his taxicab driver's license,
pending the outcome of any subsequent appeal.
[�:�
10 Saint Paul Legislative Code §376.16 (e)(5)(a)(6).
3
QRIGI�SAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Committee: Date
1 RESOLVED, that the Taxicab Driver's License held by Dennis Wasson is hereby
2 revoked based upon his conviction for Test Refusal on December 19, 2000.
4 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum
5 contained in the ALJ Report in this case, dated June 4, 2001, aze expressly ratified and adopted
6 as the written findings and conclusions of the Council in this matter, and the recommendation of
7 the ALJ is adopted, and any license currently issued to Mr. Wasson is revoked and shall not be
8 renewed.
10 FURTHER RESOLVED, that the costs of the hearing in this matter shall be assessed to
11 Mr. Wasson based upon the fact that no hearing was ever scheduled on the motion filed to
12 withdraw his guilty plea. It appearing that the hearing was held only far the purpose of delay,
13 pursuant to Saint Paul Legislative Code §310.05(k)(i) costs of the ALJ hearing are properly
14 assessed against the licensee and he is order to pay the sum of $336.70 within thirty days from
15 the adoption of this Resolution.
16
17
18
19
20
21
22
This Resolution is based upon the record of the proceedings before the ALJ, including the
hearing on May 2, 2001, the documents and e�ibits introduced therein, and the deliberations of
Council in open session on June 27, 2001.
A copy of this Resolution, as adopted shall be sent by first class mail to the
Administrative Law Judge and to Dennis Wasson and his attomey, Richard Coleman.
Requested by Department of:
Adopted by Council: Date ,y��` �}`c� 0�
� >
Adoption Certified by Counci �.�ecr ta
BY: 11 \ � f >
�— �/c� � �
Approved by Mayor: Date z�
By:
f�7"l/I+�.
lC
BY� �iT� � '_ "�jtLf.6
Form Approved by City Att�ey
By: �J —
Approved by Mayor £or Submission to Council
By:
Council File # � l� 7�{ �
Green Sheet # 10 .� a GS
OFFICE oF LI$P nate: GREEN SHEET
Virginia Palmer July il, 2ooi
266-8710 No . 103265 ���yY
1 BPARITffiNT DIRHCTOR ITY COONCIL
� 'L ITY AITORNHY ITY Q.ERK
w�v«
ust be on Council Agenda by: p°° �T D=�acroR xx. ��cx. svc. Du�.
'�'�� �— � Q � � 3 rox cox assxsraNx)
OTAL # OF S GNATUR73 PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTIOI3 RE¢UESTED:
resolution revoking the Taxicab Driver's License held by Dennis Wasson based
pon his conviction for Test Refusal on December 19, 2000.
OSdfSENDATIONS: AYPROVB (A) OR RSJHCT (R) SRROHI.L 58RVIC8 CONTRACPS MQSR ANS/i8R THH FOLLOWIIiG:
PLANNING COMMISSION CIVIL SSRVICfi CONA7ISSION 1. Has the person/firm ever worked under a contract for this depastment?
CIB COFA7IR1$B BUSINESS REVISW COIINCIL YES NO
STAFF _ Has this person{fixm ever been a City employee?
DISIRICP COUAT Y%S NO
� 3. Does this person/£irm possess a skill not normally possessed by any
UPPORTS A'HICH COUNCZL OSJECTIVE? Current City employee?
YES RO
lain all YSS aaswera on a separate aheet aad atCach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
VANTAGES IF APPROVED: p �, ���<'°�
�i��'� ��'.".ri3�,,.G;.
a
DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY DTIJMBER
FINANCIAL INFORMATION: (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
C�nyton M. Robinton, Jc, Ciry Attorney
�
CITY OF SAINT PAUL Civi[Divis�on
Nonrs Colemnn. Mayor 400 Ciry Hall
I S West Kellogg BIvA.
Sairst Paul, Minrtesota 55f0?
;
June 13, 2001
NOTICE OF COUNCIL HEARING
Richard 7. Coleman
Attomey at Law
295 Marie Avenue East
West Saint Paul, NfN 55118
Telephorte: 65! 266-8710
Fncsimite: 65t 298-5619
ai -��
RE: Administrative Law Judge's Report re Dennis Wasson Application for Renewal of
Taacicab Driver's License
Dear Mr. Coleman:
Please take notice that a heazing on the report of the Administrative Law Judge conceming the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2001, 3n the
City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. I
have contacted the Criminal Division and leamed that no hearing was scheduled on this motion
and in fact, that a probation violation warrant was issued for Mr. Wasson based upon his failure
to attend the MADD Panel. Accordingly, we will be requesting the suspension of Mr. Wasson's
taxicab driver's license at this hearing.
You have the opportunity to file exceptions to the Administrative Law Judge's report with the
City Clerk at any time during normal business hours. You may also present oral or written
argument to the council at the Hearing. No new evidence will be received or testimony taken at
this hearing. The Council will base its decision on the record of the proceedings before the
Administrative Law Judge and on the arguments made and exceptions filed, but may depart from
the recommendations of such Judge as permitted by law in the exercise of its judgement and
discretion.
Sincerely,
• �� _� p
(�� �-(, vu-�
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, LIEP
June 4, 2001
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Fred Owusu
City Clerk
City of St. Pau1
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
RE: In the Matter of the Application for Renewal of Taxicab
Driver's License of Dennis Wasson; OAH Docket No.
15-6020-14144-3
Dear Mr. Owusu:
61•�`��
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions of Law and Recommendation in the
above-entitled matter. Also enclosed is the official record, with the exception of
the tape recording of the hearing which will be dupficated and sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEVE JONES H D!N
Administrative Law Judge
Te I e p h o n e: 612/341-7606
BJH:aws
Enclosure
cc: Richard J. Coleman
Virginia D. Palmer
{�1_�1�
JUiv s_'=� _.,.
CITY ATTO�iNEY
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Emp4oyer
Administrative Law Section & Administrative Services (612) 341-7600 eTTY No. (612) 341-7346 � Fax No. (612) 349-2665
o�-��t�'
15-6020-14144-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
Application for Renewal of Taxicab FtNDINGS OF FACT,
Driver's License of Dennis Wasson CONCLUSIONS OF LAW
AND RECOMMENDATION
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., May 2, 2001, at the St. Paul City Hall,
Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was
held pursuant to Notice of Hearing dated March 27, 2001. Virginia D. Palmer,
Assistant City Attorney, 400 City Nali, 15 West Kellogg Blvd., Saint Paul,
Minnesota 55102, appeared on behalf of the City's Office of Licensing,
Inspections and Environmental Protection (LIEP). Richard J. Coleman, Attorney
at Law, 295 Marie Ave East, West St. Paul, MN 55118, appeared on behalf of
Dennis Wasson, the Licensee. The record closed on May 2, 2001, at the close of
the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Paul City
Council will make the final decision after a review ofi the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendation.'
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy ofi the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
Did the O�ce of Licensing, Inspections and Environmenfal Protection
properly deny Mr. Wasson's appiication for renewal of his taxicab driver's
license?
' St. Paul Leg3slative Code § 310.05 (c-1).
z Minn. Stat. § 14.62, subd. 1(2000).
FINDINGS OF FACT
a � _��lY
1. The parties have stipulated to the essential facfs. On December
19, 2000, the Licensee pled guilty to refusing to take a test of his blood aicohol
level when stopped by the police for speeding.
2. Based on the conviction, the LIEP notified the Licensee that it
wouid not recommend renewal of his taxicab driver's license.
3. The Licensee appealed the recommendation and requested a
hearing.
4. The Licensee has filed a motion in state district court to withdraw
his pfea of guilty. No hearing had been heid o� that moi�on as of the date of this
hearing.
5. Any Finding of Fact more properiy termed as a Conclusion is
hereby adopted as a Conciusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paui City Council have
jurisdiction in this case 6
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ali relevant substantive and procedural requirements
of statute and rule.'
3. The City has authority to deny, suspend or revoke a license and to
impose penalties for viofation of applicable statutes and rules 8
4. The City has the burden of proving that the application for a license
should be denied by a preponderance of the evidence.
5. The City requires that a person must have a taxicab driver's license
in order to drive a taxicab within the City.
' Exhibits 4 and 5.
° Ex. 2(although Ex. 2 misstates the criminal offense).
5 Ex. 3.
6 .Saint Paul Lenislative Code §§ 310.05, 37616; Minn. Stat. § 14.55.
' See Minn. Stat. § 14.57 — 14.61; Saint Paul Legislative Code § 310.05.
8 Saint Paul Legislative Code § 310.06.
9 Saint Pau1 Legislative Code §376.1 b.
2
a►-�u�'
6. The Licensee pled guilty to refusing to take a breathalyzer test.
Pursuant to the Saint Paui Legisiative Code, persons who refuse fo take a
breathafyzer test are not eligible for a taxicab driver's license.
7. The Licensee is ineligibie for renewal of his taxicab driver's license.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HERESY RECOMMENDED: that the City of Saint Paul deny
renewal of the taxicab driver's license to Dennis Wasson.
Dated this 4 day of June, 2001.
BEVER ONES H ING
Admini ative Law Jutlge
Reported: Tape-recorded (one tape)
MEMORANDUM
The parties have agreed that the city is authorized to deny the Licensee's
appiication for a taxicab driver's license because the Licensee pled guilty to
refusing to take a blood alcohof test. The parties have also agreed that if the
Licensee's motion to withdraw the guilty plea is granfed, the City will renew the
taxicab driver's license, subject to further action in state district court. If the
Licensee's motion is denied, he agrees to turn in his taxicab driver's license,
pending the outcome of any subsequent appeal.
[�:�
10 Saint Paul Legislative Code §376.16 (e)(5)(a)(6).
3
QRIGI�SAL
RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Presented By
Referred To
Committee: Date
1 RESOLVED, that the Taxicab Driver's License held by Dennis Wasson is hereby
2 revoked based upon his conviction for Test Refusal on December 19, 2000.
4 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum
5 contained in the ALJ Report in this case, dated June 4, 2001, aze expressly ratified and adopted
6 as the written findings and conclusions of the Council in this matter, and the recommendation of
7 the ALJ is adopted, and any license currently issued to Mr. Wasson is revoked and shall not be
8 renewed.
10 FURTHER RESOLVED, that the costs of the hearing in this matter shall be assessed to
11 Mr. Wasson based upon the fact that no hearing was ever scheduled on the motion filed to
12 withdraw his guilty plea. It appearing that the hearing was held only far the purpose of delay,
13 pursuant to Saint Paul Legislative Code §310.05(k)(i) costs of the ALJ hearing are properly
14 assessed against the licensee and he is order to pay the sum of $336.70 within thirty days from
15 the adoption of this Resolution.
16
17
18
19
20
21
22
This Resolution is based upon the record of the proceedings before the ALJ, including the
hearing on May 2, 2001, the documents and e�ibits introduced therein, and the deliberations of
Council in open session on June 27, 2001.
A copy of this Resolution, as adopted shall be sent by first class mail to the
Administrative Law Judge and to Dennis Wasson and his attomey, Richard Coleman.
Requested by Department of:
Adopted by Council: Date ,y��` �}`c� 0�
� >
Adoption Certified by Counci �.�ecr ta
BY: 11 \ � f >
�— �/c� � �
Approved by Mayor: Date z�
By:
f�7"l/I+�.
lC
BY� �iT� � '_ "�jtLf.6
Form Approved by City Att�ey
By: �J —
Approved by Mayor £or Submission to Council
By:
Council File # � l� 7�{ �
Green Sheet # 10 .� a GS
OFFICE oF LI$P nate: GREEN SHEET
Virginia Palmer July il, 2ooi
266-8710 No . 103265 ���yY
1 BPARITffiNT DIRHCTOR ITY COONCIL
� 'L ITY AITORNHY ITY Q.ERK
w�v«
ust be on Council Agenda by: p°° �T D=�acroR xx. ��cx. svc. Du�.
'�'�� �— � Q � � 3 rox cox assxsraNx)
OTAL # OF S GNATUR73 PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
CTIOI3 RE¢UESTED:
resolution revoking the Taxicab Driver's License held by Dennis Wasson based
pon his conviction for Test Refusal on December 19, 2000.
OSdfSENDATIONS: AYPROVB (A) OR RSJHCT (R) SRROHI.L 58RVIC8 CONTRACPS MQSR ANS/i8R THH FOLLOWIIiG:
PLANNING COMMISSION CIVIL SSRVICfi CONA7ISSION 1. Has the person/firm ever worked under a contract for this depastment?
CIB COFA7IR1$B BUSINESS REVISW COIINCIL YES NO
STAFF _ Has this person{fixm ever been a City employee?
DISIRICP COUAT Y%S NO
� 3. Does this person/£irm possess a skill not normally possessed by any
UPPORTS A'HICH COUNCZL OSJECTIVE? Current City employee?
YES RO
lain all YSS aaswera on a separate aheet aad atCach.
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
VANTAGES IF APPROVED: p �, ���<'°�
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DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES NO
FUNDING SOURCE ACTIVITY DTIJMBER
FINANCIAL INFORMATION: (EXPLAIN)
OFFICE OF THE CITY ATTORNEY
C�nyton M. Robinton, Jc, Ciry Attorney
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CITY OF SAINT PAUL Civi[Divis�on
Nonrs Colemnn. Mayor 400 Ciry Hall
I S West Kellogg BIvA.
Sairst Paul, Minrtesota 55f0?
;
June 13, 2001
NOTICE OF COUNCIL HEARING
Richard 7. Coleman
Attomey at Law
295 Marie Avenue East
West Saint Paul, NfN 55118
Telephorte: 65! 266-8710
Fncsimite: 65t 298-5619
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RE: Administrative Law Judge's Report re Dennis Wasson Application for Renewal of
Taacicab Driver's License
Dear Mr. Coleman:
Please take notice that a heazing on the report of the Administrative Law Judge conceming the
above-mentioned license has been scheduled for 5:30 p.m., Wednesday, June 27, 2001, 3n the
City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. I
have contacted the Criminal Division and leamed that no hearing was scheduled on this motion
and in fact, that a probation violation warrant was issued for Mr. Wasson based upon his failure
to attend the MADD Panel. Accordingly, we will be requesting the suspension of Mr. Wasson's
taxicab driver's license at this hearing.
You have the opportunity to file exceptions to the Administrative Law Judge's report with the
City Clerk at any time during normal business hours. You may also present oral or written
argument to the council at the Hearing. No new evidence will be received or testimony taken at
this hearing. The Council will base its decision on the record of the proceedings before the
Administrative Law Judge and on the arguments made and exceptions filed, but may depart from
the recommendations of such Judge as permitted by law in the exercise of its judgement and
discretion.
Sincerely,
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Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall
Christine Rozek, LIEP
June 4, 2001
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138
Fred Owusu
City Clerk
City of St. Pau1
170 City Hall
15 West Kellogg Blvd.
St. Paul, MN 55102
RE: In the Matter of the Application for Renewal of Taxicab
Driver's License of Dennis Wasson; OAH Docket No.
15-6020-14144-3
Dear Mr. Owusu:
61•�`��
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions of Law and Recommendation in the
above-entitled matter. Also enclosed is the official record, with the exception of
the tape recording of the hearing which will be dupficated and sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
BEVE JONES H D!N
Administrative Law Judge
Te I e p h o n e: 612/341-7606
BJH:aws
Enclosure
cc: Richard J. Coleman
Virginia D. Palmer
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JUiv s_'=� _.,.
CITY ATTO�iNEY
Providing Impartial Hearings for Government and Citizens
An Equal Opportunity Emp4oyer
Administrative Law Section & Administrative Services (612) 341-7600 eTTY No. (612) 341-7346 � Fax No. (612) 349-2665
o�-��t�'
15-6020-14144-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE SAINT PAUL CITY COUNCIL
Application for Renewal of Taxicab FtNDINGS OF FACT,
Driver's License of Dennis Wasson CONCLUSIONS OF LAW
AND RECOMMENDATION
This matter was heard by Administrative Law Judge Beverly Jones
Heydinger, commencing at 9:30 a.m., May 2, 2001, at the St. Paul City Hall,
Room 41, 15 West Kellogg Boulevard, Saint Paul, Minnesota. The hearing was
held pursuant to Notice of Hearing dated March 27, 2001. Virginia D. Palmer,
Assistant City Attorney, 400 City Nali, 15 West Kellogg Blvd., Saint Paul,
Minnesota 55102, appeared on behalf of the City's Office of Licensing,
Inspections and Environmental Protection (LIEP). Richard J. Coleman, Attorney
at Law, 295 Marie Ave East, West St. Paul, MN 55118, appeared on behalf of
Dennis Wasson, the Licensee. The record closed on May 2, 2001, at the close of
the hearing.
NOTICE
This report is a recommendation, not a final decision. The St. Paul City
Council will make the final decision after a review ofi the record and may adopt,
reject or modify these Findings of Fact, Conclusions, and Recommendation.'
Pursuant to Minn. Stat. § 14.61 (2000), the City Council shall not make a final
decision until this Report has been made available to the parties for at least ten
days. The parties may file exceptions to this Report and the City Council must
consider the exceptions in making a final decision. A copy ofi the City Council's
decision must be served on the parties and the Administrative Law Judge by first
class mai1. Parties should contact the Fred Owusu, City Clerk, City of St. Paul,
170 City Hall, 15 West Kellogg Blvd., Saint Paul, Minnesota 55102, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF THE ISSUES
The issues presented at this hearing were:
Did the O�ce of Licensing, Inspections and Environmenfal Protection
properly deny Mr. Wasson's appiication for renewal of his taxicab driver's
license?
' St. Paul Leg3slative Code § 310.05 (c-1).
z Minn. Stat. § 14.62, subd. 1(2000).
FINDINGS OF FACT
a � _��lY
1. The parties have stipulated to the essential facfs. On December
19, 2000, the Licensee pled guilty to refusing to take a test of his blood aicohol
level when stopped by the police for speeding.
2. Based on the conviction, the LIEP notified the Licensee that it
wouid not recommend renewal of his taxicab driver's license.
3. The Licensee appealed the recommendation and requested a
hearing.
4. The Licensee has filed a motion in state district court to withdraw
his pfea of guilty. No hearing had been heid o� that moi�on as of the date of this
hearing.
5. Any Finding of Fact more properiy termed as a Conclusion is
hereby adopted as a Conciusion.
CONCLUSIONS
1. The Administrative Law Judge and the Saint Paui City Council have
jurisdiction in this case 6
2. The Licensee received timely and proper notice of the hearing and
the City has complied with ali relevant substantive and procedural requirements
of statute and rule.'
3. The City has authority to deny, suspend or revoke a license and to
impose penalties for viofation of applicable statutes and rules 8
4. The City has the burden of proving that the application for a license
should be denied by a preponderance of the evidence.
5. The City requires that a person must have a taxicab driver's license
in order to drive a taxicab within the City.
' Exhibits 4 and 5.
° Ex. 2(although Ex. 2 misstates the criminal offense).
5 Ex. 3.
6 .Saint Paul Lenislative Code §§ 310.05, 37616; Minn. Stat. § 14.55.
' See Minn. Stat. § 14.57 — 14.61; Saint Paul Legislative Code § 310.05.
8 Saint Paul Legislative Code § 310.06.
9 Saint Pau1 Legislative Code §376.1 b.
2
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6. The Licensee pled guilty to refusing to take a breathalyzer test.
Pursuant to the Saint Paui Legisiative Code, persons who refuse fo take a
breathafyzer test are not eligible for a taxicab driver's license.
7. The Licensee is ineligibie for renewal of his taxicab driver's license.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HERESY RECOMMENDED: that the City of Saint Paul deny
renewal of the taxicab driver's license to Dennis Wasson.
Dated this 4 day of June, 2001.
BEVER ONES H ING
Admini ative Law Jutlge
Reported: Tape-recorded (one tape)
MEMORANDUM
The parties have agreed that the city is authorized to deny the Licensee's
appiication for a taxicab driver's license because the Licensee pled guilty to
refusing to take a blood alcohof test. The parties have also agreed that if the
Licensee's motion to withdraw the guilty plea is granfed, the City will renew the
taxicab driver's license, subject to further action in state district court. If the
Licensee's motion is denied, he agrees to turn in his taxicab driver's license,
pending the outcome of any subsequent appeal.
[�:�
10 Saint Paul Legislative Code §376.16 (e)(5)(a)(6).
3