02-1036C011i1C1� Flle # � �r `0 � G
Green Sheet # a..o o i.R'1
RESOLUT`ION
CITY OF SAINT PAUL, MINNESOTA `�
Presented By
Refened To
Committee: Date
WHEREAS, Khaled Z. Elsawy has applied for a taxicab driver's license in the City of
Saint Paul; and
WHEREAS, Khaled Z. Elsawy is currently charged in Hennepin County with two felony
counts of Criminal Sexual Conduct based upon his actions on November 4, 2001, while
performing in his capacity as a ta�cicab driver for Green & White Cab; and
WHEREAS, Khaled Z. Elsawy was sent a Notice Of Intent To Deny License Application
based upon these actions; and
WHEREAS, Khaled Z. Elsawy has failed to respond to that Notice. Now, therefor be it
RESOLVED, that the Taacicab Driver License Application submitted by Khaled Z.
Elsawy, is denied. This resolution and the action of the Council in this matter are based upon the
facts contained in the October 3, 2002 Notice Of Intent To Deny License Application letter to the
licensee and the facts alleged in the felony complaint dated May 6, 2002.
Adopted by Council : Date ��r ,�p . a pp 7�
_-
Adoption Certified by Council Secretary
Requested by Department of:
B ����c.a�.�, A 2.c�
DEPARTMENT/OFFICFJCOUIYCIL: DATE INTTIATED GREEN SHEET NO.' L.00Z�I7
L�r o�tob� is, 2ooa • o Z. �o3L
CONTACT PERSOIV & PHONE: {� P7�TNI/DATE A7PPfAi/DA7E
VirginiaPalmer(266-8�10) 1/ DEPARTMENT DII2. CIIYCOUNCIL
MUST BE ON COUNCII. AGENDA BY (DATE) �S1GN _ CITY ATTORNEY CITY CLERK
NUMgEg F'INANCIAL SERV DII2. � FINANCIAI. SERV/ACCTG
NOVell1UeI'G�LOOL�COTISBIIC� FOR �M�11'OR(ORASST.) �CNII.SERVICECOMMISSION
ROUTING
ORDER
TOTAL # OF SIGNATURE PAGES _(CLIP ALL LOCATIONS FOR SIGNATURE)
wcnoN �QuES�n: Adverse action against the taxicab driver's license application subxnitted by Khaled Z.
Elsawy
RECOMMENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE WNTRACTS MUST ANSWER THE FOLLOWIIVG
QUESTIONS:
PLANNING COMMLSSION 1. Has this person/finn ever worked under a conffac[ for this deparimenY?
CIB COMMITTEE Yes No
CNII. SERVICE COMMISSION 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this person/firm possess a skill not normally possessed by any current city employee?
Yes No
Explain all yes answers on separate shee[ and attacL to green sLeet
INTTIATING PROBLEM, ISSUE, OPPORT[JNI'1'Y (R'ho, Whay Whea, Where, R'hy):
Currently charged with two felony counts of criminal sexual conduct while acting as a tasicab driver.
ADVANTAGESIFAPPROVED:
Council action necessary to uphold licensing standards for tasicab driver applicants. Avoid licensing potentially
predatory person.
DISADVANTAGES IF APPROVED:
None.
DISADVANTAGES IF NOT APPROVED:
No standards far licensing tazicab drivers.
TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED:
FL7NDINGSOURCE: At;TIVITYNUMBER: �"�� f �� ° ��"� °" 4 J-" ��
FINANCIAL INFORMATION: (EXPLAIN) �, s
t> �' t S°. � ��:.s�
I_\USERS�PANGEOAMgea�sAea - taxiab eppl wpd
�
OFFICE OF THE CITY ATTORNEY
Manuel J. Cervontu, CityAttorney ���,� rL t
�i l�
CITY OF SAINT PAUL
RanAy C. Kelly, Mnyor
Civil Division
400 Ciry Ha11
I S Wuf Ke[logg Blvd.
Saint Paul, Minnesot¢ 55102
Telephone: 65I 166-8710
Facsimiie: 651 298-5619
October 15, 2002
NOTICE OF COUNCIL MEETING
Khaled Z. Elsawy
P. O. Box 40101
Saint Paul, Minnesota 55104-8101
RE: Application for a Saint Paui Ta�cicab Driver's License
Dear Mr. Elsawy:
Please take notice that this matter has been set on the Consent Agenda far the Council
meeting scheduled for 3:30 p.m., Wednesday, November 6, 2002 in the City Council
Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed are copies of the proposed resolution and other documents which will be
presented to the City Council for their consideration. This is an uncontested matter, in that the
facts concerning your fitness to be licensed as a taxicab driver in the City of Saint Paul have not
been denied. The recommendation of the license office will be for the denial of your tasicab
driver's license application.
If you have any questions, please call me at 266-8710.
Very huly yours,
����G o�tl�-� ��
v ri(—�"r--�
Virginia D. Palmer
Assistant City Attomey
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Rich Jents, LIEP
Reid Soley, LIEP
AA-ADA-EEO Employer
UNCONTESTED LICENSE MATTER p�_�
Licensee Name:
License:
Council Date:
Violation:
Khaled Z. Elsawy
Taxicab Driver's License Application
November 6, 2002
Fitness for licensure as a Taxicab Driver based
on current charges of criminal sexual conduct
Recommendation of Assistant City Attorney on behalf of client, Office
of License, Inspections and Environmental Protection:
Denial of Taxicab Driver's License Application
Attachments:
1. Proposed resolution
2. Notice of Proposed Denial of License Application
3. Gomplaint from Hennepin County
4. License information
AA-ADA-EEO Employer
OFFICL �F THE CITY ATTORNEY
Mnnuel J. Cervnntes, Ciry A��orney
O �.- tOO r,.
OF SAINT PAUL
rt . Kelly, Mayor
�rrr
Civi1 Divisian
400 Ciry• Nn((
/5 if'est Kellogg Blvd.
Sairt! Pau{ Nfinnesota SJl01
Telephone: 651 266-87/0
Facsimi(e: 651 298-5619
October 3, 2002
NOTICE OF INTENT TO DENY LICENSE APPLICATION
Khaled Z. Elsawy
P. O. Box 40101
Saint Paul, Minnesota 55104-8101
RE: Application for a Saint Paul Taxicab Driver's License
Dear Mr. Elsawy:
The Office of License, Inspection and Environmental Protection has recommended denial
of the taxicab driver's license application you submitted. The basis for the recommendation is as
follows:
Xou are currently charged with felony offenses of criminal
sexual conduct in the third and fourth degree. If convicted,
these charges would disqualify you from being licensed as a
Saint Paul taxicab driver under Saint Paul Legislative Code
§376.16(e)(4). Evea if not convicted, the facts upon which the
charges are based reflect upon your fitness to be licensed as a
Yaxicab driver.
If you do not dispute the above facts, you may withdraw your application at this time.
Altematively, if you do not dispute the above facts, but wish to have a hearing in front of the
Saint Paul City Council to dispute the recommended denial of your license appiication, you will
need to send me a letter admitting the violations and requestin� a public hearing. The matter will
then be scheduled for a public hearing before the City Council to determine the disposition of
your license application. You will have an opportunity to appear and speak on your own behalf,
or to have someone appear there for you.
On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary
hearing before an Administrative Law Judge (ALJ). If you �vish to have such a hearin�, please
send me a letter stating that you are contesting the facts. You will then be sent a"Notice of
Hearing," so you will know when and where to appear, and what the basis for the hearing �vill be.
AA-ADA-EEO Employer
Page 2
Khaled Z. Elsawy
October 3, 20�2
oa-1o36
If you have not contacted me by Friday, October 11, 2002, I will assume that you are
not contesting the facts and will schedule this matter for the St. Paul City Council and have
it placed on the Consent Agenda during `vhich no public discussion is allo�ved and the
recommended penalty will be imposed.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
1. ✓rli�.(< �„ � � n
J - `2`'
Virginia D. Palmer
Assistant City Attorney
cc:
Christine Rozek, Deputy Director of LIEP
Rich Jents, LIEP
Reid Soley, LIEP
AA-ADA-EEO Employer
0 Z - loaa
STATE OF MINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY MAIL
COUNTY OF RAMSEY )
JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 3, 2002,
she served the attached NOTICE OF TNTENT TO DENY LICENSE APPLICATION placing a true
and correct copy thereof in an envelope addressed as follows:
Khaled Z. Elsawy
PO $ox 40101
St. Paul, MN. 55104
(which is the last known address of said person) depositing the same, with postage prepaid, in the
United States mails at St. Paul, Minnesota.
Subscribed and sworn to before me
this 3rd day of October, 2002.
1
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State of Minnesota,
PLAINTIRF,
VS.
NAA/!E: first, middle, last
KFIALED ZAKARIA ETISAWY 01091732
Legal Edge Number
LE#: 02-10118
:i;',i\?`.: �I� .'Y!iNti�Sd�TA. COliP7 i Y OF i-iE1VNEPi�:
(i:i• ��e. �-�ij :�i �J8 3 SSU2 �tYJ� C.Cfi FC': C.:iF, Cls ��'iR
Complainant, Laurie Janikowski is an Officer with the Minneapolis Police T�epartrr�ent and in that capacity has
investigated the £acts and circumstances of this case and believes that the following Snformation establishes probable
cause:
Officer Williams reports that on November 4, 2401 in the late evening hours he and O#ficer Durand were dispatched to
the 2200 block of T.owry Ave. NC in Minneapolis, Hennepin County regarding a report thai a rape that had occuned
neaz there in a taxi cab. They spoke with an adult female, C.N.K. who stated that she had called Green & White Cab to
go from 634 Snelling Ave. in St. paul to 2210 Lowry Ave. in northeast Minneapolis. She stated that the taxi driver said
that he recalled picking her up at the same address two months before and that he attempted to engage in conversation
with her. CN.K. stated that as they approached the area of Lowry Ave. N.E. the taxi driver, identified as KHALBD
ZAKA.�ZTA ELSWAX, the Defendant herein, Qulled over and said "Oh, I got to set somethin� in the trunk". He then
got into the back seat and attempted to kiss her. She told'him that she did not want to kiss him and that she wanted to
�o to the home of her friend who was awaiting her arrival. She stated that he grabbed her face and attempted to pull her
towards him. She stated that she tried to push him away and repeatedly told him to stop his advances. C.N.K. stated diat
she became frig�tened that he would harm hes. Tn her statement later she stated "the one fear that came to me was I was
ooing to get killed if I wasn't going to follow any procedures that he wanted me to do...so I tried to negotiate with
him".
CN.IC. stated that the befendant prevented her from leaving the cab. She stated that he kept t2king things out of her
purse and then grabbed her thighs and pulled her down so that her head was against the door. C.N.K. said that she
began to cry whereupon he asked her "Am I scaring you7" "Yes, you're scarin� me", she responded.
FORM-J
CTY ATTY
FILE NO.
02-3234
COURT CASE NO.
>
: .. - . �
� ` s,:<. LO,s ` _ . �. ��.�'� -�9 � �.. "�;t.
COh'CROCLING Or` �`�
AGEJCY CONTROLNO.
0271100 01322691
bATE FILED
� Amended ❑ Tab Charge Previously Filed
❑ SERTOLJS FELONY ❑ StIMMONS � 3 IS
� FELOivY � wwRRaNTQ�� � "1
❑ GROSS MISD?�I DWI ❑ ORDER OF DETENTION
❑ GROSS MISDM ❑ EXTRADTTION
Date of Birth
12/10/70
REV, 12/95
OCT-15-2002 13�21 6123483061 P.02
8606 Quany Ridge Lane Apt. A DEFEPiDANT.
Woodbury, MN 55125
OCT-15-2002 11�23 HENN CTY ATTY/CRIM PROS 6123483061 P.03i95
�au.. >ta��.0 uuai ua�, u�.l�.uua�u �il�ni aC Vvcu uct WIUQl�+'GGI� f1GL1V1111CLL Viy ""C on ner ana ptacea ms pems m he—
va� na. C.N.K. stated that her cetl pho._, ran� and she told him that she had to ...swer it. The Defendant then wrapper
one hand azound her neck and allowed her to speak to the caller. ?he call was from her friend inquiring why she hac
not yet arrived at his apartment. C.N.K. stated that she hung up and told the Defendant that he was waiting for her. Th.
Defendant then gabbed her by the back of the hair and said "Is that your boyfriend? She said that he was not and th�
Defendant said "Don't lie to me. I don't like liars" causing her to become more fearful of him. j� .tp ��
C.N.K. stated that she was trying to get out of the car but that every time she � abbed the handle he gushed her hanc
away. C.N.K. further stated "I was afraid to fi�t back because every time did fight back I got hurt even more".
C.N.K. stated that the Defendant began rubbing his penis against her leg and ejaculated on it. He then gave her a clott
and told her to clean up. She stated that she used it to wipe the semen from her leg. She stated that he then allowed he:
to leave the cab.
C.N.K. reported that she then went to her friend's home and called the police and the cab company to report that she
had been raped. CN.K. told police that she was crying when she arrived at his door_
The Defendant, IC,HALED ZAKARIA ELSWAY, was located by the police nearby in a Crreen & White cab. Officer
Liota reported that the l�efendant volunteered "Is this about the girl I was kissing? This is wrong. People in this country
can call about anything, and you get axrested". The Defendant admitted having sexual contact with C.N.K_ and
ejaculating on her, but he claimed that it was consensual.
C.N.TC. observed him in a field show up. She positiveIy identified the Defendant as the man who had raped her.
BiologicaI samples including swabs of C.N.IC.'s thi�hs and the DefendanYs saiiva were submitted to
analysis. The BCA lab reported that the BCA found semen on the swabs from C.N.K.'s thighs. The
DNA from that semen was fonnd to match the ANA from the DefendanYs saliva.
the BCA lab £or
BCA reports that
OCT-15-2002 13�21 6123483061 P�83
OCT-15-2002 11�23 HENN CTY RTTYiCRIM PROS
6123483a61 P.64i05
Da'1C3 7 Cr
COUNT i: CRTMTNAT.. S�XUAT., CONDUCT IN THE THIltD DEGREE (FELONY}
MINN. STAT. 2001, §609344, SIJBD. 1(c), SUBD. 2; §609.101, SUBD. 2; §609.109, SUBD. 7
PENALTY: 0-15 X�ARS ANll/OR $9,000-$30,000
That on or about 1�lovember 4, 2001 in MinneapoIis, F3ennepin County, Minnesota, T�IA.I.EA ZAKAILTA ELSAVYY,
engaged in sexual penetration with C.N.T{.., using force or coercion to accomplish the penetration.
COLTNT 2: CRIMINAL SEXUAL CONDUCT ]N 7HE POUR7FT bEGRBE (FELON7')
MINN. STAT. 2001, §609345, SLTBD. I(c), SUBD. 2; §609.101, SUBD. 2; §609.109, SUBb. 7
PENAI,TY: 0-10 I'EARS ANB/OR $6,000-$20,400
7hat on or about November 4, 2001 in Minneapolis, Hennepin County, Minnesota, �AI,EA ZAKARIA LLSA'1�'"1',
engaged in sexual contact with C.N.K., using force or coercion to accomplish the sexual contact.
a (24269�
Coanty Attorney
� ' ... i; °;� a �i
OCT-15-2002 13�22 6123483061 P.04
NOTYCE: You must appear for every court hearing on this charge. A failure to appear for court on this charge
is a criminal offense and may be punished as provided in Minn. Stat. § 609.49.
T1TLE: �s����r �-a-c.�,Y���
a'^^'°°-n�w^-,n :^sr+c,-,.�.*ar
;, ;� t'ititest�ioi�aki`a_`�'s,,,'�z�n'r Of£'�i �
SI'ATE OF VIRNESOTA COUNTY OF HEl
S7qTE OF MINNESOTq
PlaintifF
Vs
KHALED ZAKARTA ELSAWX
Defendant(s).
FORM-J
�� � �.2"���`�7V�
REV. 12/95
T07AL P.05
OCT-15-2002 13�25 6123483�61 P.05
OCT-15-2002 11�24 HENN CTY' ATT7'iCRIM PROS 61�3483061 P.05i05
O�-�A1V
COMPLAINT
The Complainant, being duly swom, makes complaint to the above-named Court
and states that there is probable cause to believe that the Defendant
committed the following offense(s). The complainant states that the
following facts establish PROBABLE CAUSE:
Complainant, Laurie Janikowski is an Officer with the Minneapolis Police
Department and in that capacity has investigated the facts and
circumstances of this case and believes that the following information
establishes probable cause:
Officer Williams reports that on November 4, 2001 in the late evening hours
he and Officer Durand were dispatched to the 2200 block of Lowry Ave. NE in
Minneapolis, Hennepin County regarding a report that a rape that had
occurred near there in a taaci cab. They spoke with an adult female, C.N.K.
who stated that she had called Green & White Cab to go from 634 Snelling
Ave. in St. Paul to 2210 I,owry Ave. in northeast Minneapolis. She stated
that the taxi driver said that he recalled picking her up at the same
address two months before and that he attempted to engage in conversation
with her. C.N.K. stated that as they approached the area of I,owry Ave. N.E.
the taxi driver, identified as KHALED ZAKARIA ELSWAY, the Defendant herein,
pulled over and said "Oh, I got to get something in the h•unlc". He then got
into the back seat and attempted to kiss her. She told him that she did not
want to kiss him and that she wanted to go to the home of her friend who
was awaiting her arrival. She stated that he grabbed her face and attempted
to pull her towards him. She stated that she tried to push him away and
repeatedly told him to stop his advances. C.N.K. stated that she became
frightened that he would harm her. In her statement later she stated "the
one fear that came to me was I was going to get killed if I wasn't going to
follow any procedures that he wanted me to do...so I tried to negotiate with
him".
C.N.K. stated that the Defendant prevented her from leaving the cab. She
stated that he kept taking things out of her purse and then grabbed her
thighs and pulled her down so that her head was against the door. C.N.K.
said that she began to cry whereupon he asked her "Am I scaring you?" "Yes,
you're scaring me", she responded.
She stated that the Defendant then removed her underweaz, performed oral
sex on her and placed his penis in her vagina. C.N.K. stated that her cell
phone rang and she told him that she had to answer it. The Defendant then
wrapped one hand around her neck and allowed her to speak to the caller.
The call was from her friend inquiring why she had not yet arrived at his
apariment. C.N.K. stated that she hung up and told the Defendant that he
Oa-to�G
was waiting for her. The Defendant then grabbed her by the back of the hair
and said "Is that your boyfriend? She said that he was not and the
Defendant said "Don't lie to me. I don't like liazs" causing her to become
more fearful ofhim.
C.N.K. stated that she was trying to get out of the car but that every time
she grabbed the handle he pushed her hand away. C.N.K. further stated "I
was afraid to fight back because every rime did fight back I got hurt even
more".
C.N.K. stated that the Defendant began rubbing his penis against her leg
and ejaculated on it. He then gave her a cloth and told her to clean up.
She stated that she used it to wipe the semen &om her leg. She stated that
he then allowed her to leave the cab.
C.N.K. reported that she then went to her friend's home and called the
police and the cab company to report that she had been raped. C.N.K. told
police that she was crying when she arrived at his door.
The Defendant, KHALED ZAKARIA ELS WAY, was located by the police nearby in a
Green & White cab. Officer Liota reported that the Defendant volunteered
"Is this about ihe giri I was kissing? This is wrong. People in this
country can call about anything, and you get arrested". The Defendant
admitted having sexual contact with C.N.K. and ejaculating on her, but he
claimed that it was consensual.
C.N.K. observed him in a field show up. She positively identified the
Defendant as the man who had raped her.
Biological samples including swabs of CN.K.'s thighs and the DefendanYs
saliva were submitted to the BCA lab for analysis. The BCA lab reported
that the BCA found semen on the swabs from C.N.K.'s thighs. The BCA reports
that DNA from that semen was found to match the DNA from the Defendant's
saliva.
COMPLAINT SUPPLEMENT
License Group Gomments TeM
Licensee: KHALED Z ELSAWY
OBA� KHALED Z ELSAVYY
License #: 20000002778
04/25/2002
OS-+o 7► s.
6426/2002 Send to CAO for review of criminal history. CAR
08/18/2000 passed required taricab driver Uaining-0L
07/052000 Licensee stated he hasnY received his license yet, another photo ID mailed out KRD
p�_�oz `
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