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02-216Council File # �Z — 2/ G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WHEREAS, adverse action was initiated against the taxicab driver's license held by Wayne L. 2 Ellis by the Office of LIEP based upon a conviction for Driving Under the Influence of Alcohol from 3 October 7, 1999, which is a violation of Saint Paul Legislative Code §376.16(e)(5); and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, Licensee requested a hearing before an Administrarive Law Judge to show proof of rehabilitarion pursuant to Minn. Stat. §364.03, and a hearing was held on December 28, 2001 before Administrarive Law Judge Richard Luis; and WHEREAS, the ALJ issued a Report dated January 25, 2002, and determined that Mr. Ellis had shown sufficient evidence of rehabilitation to show that he should be issued a taxicab driver's license; now, therefore be it RESOLVED, that a taxicab drivers license shall be issued to Wayne L. Ellis. FURTHER RESOLVED, that the fmdings of fact and conclusions of law contained in the ALJ Report in this case dated January 25, 2002 aze adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on December 28, 2001, the documents and exhibits introduced therein and, the findings of fact and conclusions of law of the ALJ as referenced above. A copy of this Resolurion, as adopted, shall be sent by first class mail to the Administrative Law Judge and to Clark Thum, attomey for Licensees. � �r ►,.__. : B lJ�.[i �'Y� ""<L�.� Green Sheet # 103347 � OFFICE OF LIEP Date: � Roger curtis, nirector March s, zooz GREEN SHEET� � 266-9013 No .10 3 3 4 7 � 1 EPARTt�NT DIRECTOR ITY COUNCIL � ITY ATTORNEY ZTY CLERR n.msra J 17.$t be �11 C�U.nCll Agenda • �°°�° �`ET DIRECTOR IN. & MGT. SVC. DIR. arch 20 2��2 Consent YoR (OR ASSISTANP) AT+ # OF SIGNAT[JRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That Wayne L. Ellis be issued a taxi cab drivers license. , CONAfENDATIONS: APPROVE (A) OR REJECT (R) SRSONAL SERVICE CONTRACTS MUST ANSWER Tffi: FOLLOWING: " PLANNING COMMISSION CIVIL SERVICE Has the person/fism ever worked under a contract for this department? OMMISSION YES NO CIB COMMITTEE _ BUSINESS REVIEW Has this person/firm ever been a City employee? OUNCIL YES NO � STAFF Does this person/firm possess a ski11 not normally possessed by any Current City employee? DISTRICT COURT YES NO � . laia all YES answers oa a seyarate sheet aad attach. UPPORTS WHICH COUNCIL OBJECTIVE? ,.INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ' dverse action was initiated based upon a conviction for Driving Under .the Influence of Alcohol from October 7, 1999. Licensee requested a earing before an Administrative Law Judge to show proof of rehabilitation pursuant to Minnesota Statute 364.03. The Administrative aw Judge found that Mr. Ellis had shown suf£icient evidence of ehabilitation to show that he should be issued a taxicab driver's license. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES O UNIJING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) Tp � �� ... �� # � � � � �� ; .v ^� 2�� 4 r OFFICE OF THE CITY ATTOFL�IEY ManuelJ. Cervrsrttes, CityAttorrsey � ��`� CITY OF SAINT PAUL c,�rror�,sro„ Randy C. Kelly, Mayor 400 Ciry• Hal1 Te1eplmne: 651266-87/ p � IS Facsimile:651298-5619 Saint pau( hlinnuota 55102 � 3S January 29, 2002 NOTICE OF COUNCIL HEARING Clazk Thum Attorney at Law 1959 Sloan Place, Suite 110 Maplewood, Minnesota 55117 RE: Taxicab Driver License held by Wayne L. Ellis Dear Mr. Thum: Please take notice that a hearing on the report of the Administrative Law Judge concemin� the above-mentioned taxicab driver's license has been scheduled for 5:30 p.m., `Vednesday, February 27, 2002, in the City Council Chambers, Third Floor, Saint Paul Ctty Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the 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 jud�ement and discretion. Sincerely, - ��tJ C� J �� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Oa-- 7-6020-14612-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis FINDINGS OF FACT. CONCLUSIONS AND RECOMMENQATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis, serving as hearing o�cer for the St. Paul City Council, on December 28, 20�1 at the St. Paul City Hall. The record closec+ at the conclusion of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Fiatl, 95 West Kellogg Boulevard, St. Paul, Minnesota, 55102, appeared on behalf of the St. Paul City Office of License, Inspections and Environmental Protection (City, LIEP). Clark Thurn, Attorney at Law, 1959 Sloan Place, Suite 110, Maplewood, Minnesota 55117, appeared on behalf of Wayne Ellis (Applicant, Licensee). NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), the City Council will provide the parties an opportunity to present oral or written argument to the Council before it takes final action: The parties should contact the St. Paul City Council Offices (651/266-8500) to determine the procedure for presenting argument. STATEMENT OF ISSUES Whether a conviction for driving under the influence of alcohol directly relates to the occupation of taxicab driver; and If such a conviction is directiy related to the occupation of taxicab driver, whether the Applicant/Licensee can show competent evidence of sufficient rehabilitation and present fitness to pertorm as a taxicab driver? Based on ali the proceedings herein, the Administrative Law Judge makes the foliowing: FINDINGS OF FACT 1. On October 28, 1999, Wayne Ellis pled guilfy and was convicted in Ramsey County District Court of driving under the influence of alcohol (DUI) on October 9 of that �a-�� year. The Licensee's blood alcohol levei when he was arrested was between .10 and .20. 2. At the time of his offense, Mr. Ellis (who then held a license as a St. Paul taxicab driver fhrough October, 1999) had completed his annual application for re-licensure. The license was granted. He was re-licensed successfully again in October, 2000. Mr. Ellis never informed the LIEP Office of his conviction. 3. When Mr. Ellis re-applied for licensure in September, 2001, the LIEP Office ran a records check with the Minnesota Department of Public Safety and learned of the Applicant's October, 1999 conviction for DUI. The City assumes a similar search was made when Ellis renewed his license in the fall of 2000, but no record of the conviction was found then. 4. On November 2, 2001, the City notified ivir. Eliis by mail of iis intention to deny his application for license renewal, and the Applicant filed a timely appeal. This hearing process followed. 5. After he was convicted of DUI, for which he was fined $300 (all but $50 stayed) and had to pay court costs, Mr. Eilis was placed on probation for two years, through October 27, 2001. Pursuant to his sentence and as condition(s) of his probation, Mr. Ellis was ordered never to drink alcohol before driving, to attend and complete the Mothers Against Drunk Driving (MADD) "Panel" Education Seminar and to complete a weekend counseling session at Anoka-Metro Regional Treatment Center. The Appiicant completed those programs and requirements successfully and has not consumed alcohol prior to driving since the time of his arrest. His employer before and after the DUI incident, Green and White Taxi, reports that there have been no complaints about Mr. Ellis. Ex. 11. 6. The Applicant was discharged from probation on October 27, 2001. The conviction for DUI in October, 1999 is his only alcohol-related offense. He has not committed any other crimes or other acts which would disqualify him from licensure. 7. Mr. Ellis did not inform the LIEP Office of his DUI conviction because he was not aware that he was required to do so. Until some time after the commencement of this proceeding, he was ignorant of the requirement in St. Paul Legislative Code § 376.16 (k)(3), which requires anyone holding a taxicab driver's license to notify the LIEP Office immediately upon conviction of an alcohol-related offense. During the time between his arrest and learning of the requirement to report to LIEP, Mr. Ellis assumed that the arresting authority (St. Paul Police) would notify the LIEP Office of his conviction. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: z oa--a�4� CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Sfat. §§ 14.55 and 53A.02 and St. Paul Legislative Gode §§ 310.05, 310.06 and 376.16. 2. The City of St. Paui has fulfilied ali relevant substantive and procedural requiremenfs of law and rule. 3. The Cify of St. Paul has given proper notice of the hearing in this matter, including appropriate notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legislative Code Chapter 376. 4. St. Paul Legislative Code § 376.16(e)(5)a.2. makes anyone who has had a conviction for driving under the influsnce of an alc�ho)ic beverage d:ar�ng tha last th� ee years ineligible for the receipt of a taxicab driver's license. Absent any relief, the Applicant is ineligible for renewal of his taxicab driver's license until October 9, 2002. 5. Under Minn. Stat. § 364.03, subd. 1, a person cannot be disqualified from engaging in any occupation for which a municipal license is required solely or in part because of a prior conviction of a crime unless the crime or crimes for which convicted directly relate to the occupation for which tF�e license is sought. Driving under the influence of alcohol directiy relates to the occupation of taxicab driver. 6. Under subd. 3 of Minn. Stat. § 364.03, a person convicted of a crime or crimes which directly relate to the occupation for which licensure is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perForm the duties of the occupation for which the license is sought. Mr. Ellis has demonstrated by a preponderance of the evidence that he is su�ciently rehabilitated and presently fit to perForm the duties of the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. 7. Mr. Ellis never reported his conviction for DUl to the City, in viotation of St. Paul Legislative Code § 376.16(e)(5)a.2. His failure to make that report, under the circumstances of this case, does not demonstrate a lack of present fitness to perform the duties of a licensed taxicab driver and does not demonstrate a lack of sufficient rehabilitation to perform those duties within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the foilowing: s aa-at� RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council approve the 2001 faxicab driver's license application of Wayne L. Eliis. k Dated this� day of January, 2002. Reported: Taped, No Transcript Prepared r �� n� G RICHARD C. LUIS Administrative Law Judge NOTICE The St. Paul City Council is requested to notify the parties and the Administrative Law Judge of its final decision by first class mail. MEMORANDUM The Administrative Law Judge is persuaded that Mr. Ellis has demonstrated by a preponderance of the evidence that he is "sufficient(ly) rehabilitated...and present(ly) fit" to engage in the licensed occupation of a taxicab driver in St. Paul. The City concedes that if the Applicant can meet the above-noted standard found at Minn. Stat. § 364.03, subd. 3, then his three-year disqualification from licensure because of being convicted for driving under the influence of aicohol, effective until October 9, 2002, must yield to the statutory provision that relieves a person from being otherwise disqualified from licensure. Counsel for the Applicant argues first that Mr. Ellis's conviction does not directly relate to the occupation for which the license is sought, in this case taxicab driver, within the meaning of Minn. Stat. § 364,03. The ALJ cannot agree. A conviction for DUI obviously relates directly to an occupation involving driving. Counsel's argument, that there is no direct relation because his client was off-duty at the time of the offense, interprets the statute too narrowly and was not considered. The issue then becomes whether Mr. Ellis has rehabilitated su�ciently such that he is now fit to drive a taxi in the City of St. Paul. The City admits that Mr. Ellis meets all the requirements for licensure except for the fact that he was convicted for DUI within the last three years. The City notes that the ApplicanYs failure to notify the City of his conviction (as required by § 376.16(k)(3) of the City Code) demonstrates that he has deceived City Officiais in the past and may try to do so again. As to the latter argument, the Administrative Law Judge had the opportunity to observe the demeanor and assess the credibility of Mr. Ellis when he testified at the hearing, and believes that the Applicant told the truth in testifying under oath that he was not aware of the requirement to report a DUI conviction himself. The ALJ believes � t�a-a�b it was reasonable for him to expect fhat the lIEP O�ce would be notified fhrough government channels. It is concluded that this sef of circumstances should not be grounds to accuse Mr. Eliis of being unfit to resume his licensed occupation.' A failure to self-report a DUI arising out of ignorance does not imply that one lacks "present fitness to perform the duties of the... occupation" of taxi driver. As to "sufficient rehabilitation", the ALJ is persuaded that Mr. Ellis's successful completion of the terms of his probation and the unchallenged evidence that he has learned from his mistake and appreciates fhe adverse consequences thaf can result to others (and himseifl from drinking before driving, taken together, demonstrate that he should no longer be disqualified from licensure as a taxicab driver. The ALJ believes the ApplicanYs testimony fhat he never drives before drinking. His continued employment as a cab driver, without incident or complaint, since the time of the bUl incident, demonstrates further that he is fit for the occupation and that he has rehabilitated himself from the incident. R.C.L. ' Exhibit 1, the renewal application for 2001, contains a boilerplate attestation that an applicant has read and understands the requirements of Chapter 376.16. Setting aside the fact that there is no evidence regarding whether such an attestation was made in 2000, the ALJ accepts as true the Appiicant's testimony that he thought he understood the applicable rules when he signed the form, and that he had read the rules once but did not remember the obligation to report on h'rmself. 5 Clark Thurn, Attorney at Law Insurance and General Practice REC�IVED DEC 1 0 200� December 7, 2001 C{°fY ATTC�RNEY Virginia D. Palmer, Assistant City Attorney City of St. Paul, Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: Wayne Lowell Ellis Taxicab Driver's License Dear Ms. Palmer: 1959 Sloan Place, Suite 110 Maplewood, MN 55117 (651) 631-1746 Fax:(651) 631-8885 CLARK1999La7email. msn.com This letter is to inform you that I represent Wayne Lowell Ellis with regard to the aforementioned matter. Mr. Ellis and I will be appearing at the scheduled December 28, 2001, hearing. I will be in touch with you in this regard further. Sincerely, _ � Clark Thurn CT�klj ��; �� r ocueL gti;, � � _ Ap�lication of Wayne Ellis _ City's Exh. No. 9 November 27, 2001 To Whom It May Concern: DCHIBIT � NEIGHBOBHOOD OFFICES Community Services Unit Arcade Office Marshall Office Spruce Tree East Spruce Tree North Spruce Tree South Spruce Tree West According to our computer records/index cazds — microfiche records, Wayne Lowell Ellis, has satisfactorily completed all required conditions of his supervision with Ramsey County Community Corrections for the offense of DWI, and was discharged at expiration, on October 27, 2001. Our records are confidential except for certain authorized correctional, legal and law enforcement agencies and cannot be obtained by outside agencies or unauthorized persons without a Court Order signed by the Judge of record. - �.��SZ—� 2 .c , .� '�'�'1��—�-�..`, Kathleen Kern Ramsey County Corrections Department Adult Courts Division Suite 640-D St. Paul, MN 55102 Phone: 651-266-2329 / FAX: 651-266-2290 Community Corrections Department ADULT COURTS DIVISION 50 West Kellogg Boulevard, Suite 640-D St. Paul, MN 55102 • Tel: (651) 266-2300 • Fax: (651) 266-2290 Robert A. Hanson, Director George Courchane, Assistant Director Minnesoffi's F1ret Home Eule Comty printeAOn reqcled paperwiN amin(mumof IO%postconsumerconleot �� r ' I % %' � - � � , ,�, � L i T A X I C O R P O R A T I O N 3315 North Second S�eet Minneapolis, Minnesota 55412 Te1.612-588-0000 Fac.612-588-0339 I DCHIBIT ��/liS �/� November 27, 2001 Re: Wayne Ellis v'' �'4' To Whom It May Concern: This letter is to verify Yhat Subwban/Green & Wlute T�i has had no complaints against Mr. Ellis. If you need more information, please feel free to call. Thank you, �K�� ch� e 612-302-4099 . � � � � � If you have any questions, you can call me at 266-8710. Very truly yours, ✓/�`��", Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washin�on Square, Suite 1700, Mpls, NIN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Notice of Hearing - Page 3 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SSRVICB BY MA2L JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 19, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, MN. 55421 (which is the last known address of same, with postage prepaid, in the Uni Minnesota. / Subscribed and sworn to before me this 19th day of November,-2001. said person) deposit ' ' /Gfi(/G� ; /�� _ w PETcR P PAJ�lG84RE!" ;� g��f, N07A'r2YPUBLI�-MiNNESOTA Notary Public ; ;� � a,�v�an��ip� EXflacS JHtd. 3�, 2�5 the �aul,�� # • STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) X� AFFIDAVIT OF STRVICB BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 2, 2001, she served the attached NOTICE OF INTENT TO DENY RENEWAL APPLICATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, MN. 55421 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unit tates mails at St. Paul, Minnesota. �,., � A G.� CLEMENTS Subscribed and sworn to before me this 2nd day of November, 2001. Notary Public PET'cR P. PAt�!Cs�bRFV FlO7hRY FUSUC - MINNESOTA R9Y Cd�1AMlSSION EXi�EPES JAN.39. 2005 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 25, 2002 Fred Owusu, City Cierk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, Minnesota 55102 RE: In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis; OAH Docket No. 7-6020-14612-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Also encfosed is the ofificial record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 612-341-7448. Our file in this matter is now being closed. Very truly yours, ��1�/�GL �'•.�� "'° RICHARD C. LUIS Administrative Law Judge Telep hone: 612l349-2542 RCL:osb Encl. cc: Virginia D. Palmer, Assistant City Attorney Clark Thurn, Attorney at Law �E��ty� � ,��° 2 � 2002 ��f, -�,, a `� E Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 7-6020-14612-3 STATE OF MINNESOTA OFFIGE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative L.aw Judge (ALJ) Richard C. Luis, serving as hearing officer for the St. Paul City Council, on December 28, 2001 at the St. Paul City Hall. The record closed at the conclusion of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hal1, 15 West 4Cellogg Boulevard, St. Paul, Minnesota, 55102, appeared on behalf of the St. Paul City Office of License, Inspections and Environmental Protection (City, LIEP). Clark Thurn, Attorney at Law, 1959 Sloan Place, Suite 110, Maplewood, Minnesota 55117, appeared on behalf of Wayne Ellis (Applicant, Licensee). NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), the City Council will provide the parties an opportunity to present oral or written argument to the Council before it takes final action. The parties should contact the St. Paul City Council Offices (651/266-8500) to determine the procedure for presenting argument. STATEMENT OF ISSUES Whether a conviction for driving under the influence of alcohoi directly refates to the occupation of taxicab driver; and If such a conviction is directly related to the occupation of taxicab driver, whether the ApplicanULicensee can show competent evidence of sufficlent rehabilitation and present fitness to perform as a taxicab driver? Based on all the proceedings herein, the Administrative Law Judge makes the following: FINDWGS OF FACT 1. On October 28, 1999, Wayne Ellis pled guilty and was convicted in Ramsey Gounty District Court of driving under the influence of alcohol (DUl) on October 9 of that year. The Licensee's blood alcohol level when he was arrested was befinreen .10 and .20. 2. At the time of his offense, Mr. Ellis (who then held a license as a St. Paul taxicab driver through October, 1999) had completed his annual application for re-licensure. The license was granted. He was re-licensed successfully again in October, 2000. Mr. Ellis never informed the LIEP Office of his conviction. 3. When Mr. Eitis re-applied for licensure in September, 2001, the LIEP Office ran a records check with the Minnesota Department of Public Safety and learned of the ApplicanYs October, 1999 conviction for DUI. The City assumes a similar search was made when Ellis renewed his license in the fall of 2000, but no record of the conviction was found then. 4. On November 2, 2001, the City notified Mr. Ellis by mail of its intention to deny his application for license renewal, and the Applicant filed a timely appeal. This hearing process followed. 5. After he was convicted of DUI, for which he was fined $300 (all but $50 stayed) and had to pay court costs, Mr. Ellis was placed on probation for two years, through October 27, 2001. Pursuant to his sentence and as condition(s) of his probation, Mr. Ellis was ordered never to drink alcohol before driving, to attend and complete the Mothers Against Drunk Driving (MADD) "Panel" Education Seminar and to complete a weekend counseling session at Anoka-Metro Regional Treatment Center. The Applicant completed those programs and requirements successfully and has not consumed alcohol prior to driving since the time of his arrest. His employer before and after the DUI incident, Green and White Taxi, reports that there have been no complaints about Mr. Ellis. Ex. 11. 6. The Applicant was discharged from probation on October 27, 2001. The conviction for DUI in October, 1999 is his only alcohol-related offense. He has not committed any other crimes or other acts which would disqualify him from licensure. 7. Mr. Ellis did not inform the LIEP O�ce of his DUI conviction because he was not aware that he was required to do so. Until some time after the commencement of this proceeding, he was ignorant of the requirement in St. Paul Legislative Code § 376.16 (k)(3), which requires anyone holding a taxicab driver's license to notify the LIEP Office immediately upon conviction of an alcohol-related offense. During the time between his arrest and learning of the requirement to report to LIEP, Mr. Ellis assumed that the arresting authority (St. Paul Police) would notify the LIEP Office of his conviction. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: 2 CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and St. Paul Legislative Code §§ 310.05, 310.06 and 376.16. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter, including appropriate notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legislative Code Chapter 376. 4. St. Paul Legislative Code § 376.16(e)(5)a.2. makes anyone who has had a conviction for driving under the influence of an alcoholic beverage during the iast three years ineligible for the receipt of a taxicab driver's license. Absent any relief, the Applicant is ineligible for renewal of his taxicab driver's license until October 9, 2002. 5. Under Minn. Stat. § 364.03, subd. 1, a person cannot be disqualified from engaging in any occupation for which a municipal license is required solely or in part because of a prior conviction of a crime unless the crime or crimes for which convicted directly relate to the occupation for which the license is sought. Driving under the influence of alcohol directly relates to the occupation of taxicab driver. 6. Under subd. 3 of Minn. Stat. § 364.03, a person convicted of a crime or crimes which directly relate to the occupation for which licensure is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. Mr. Ellis has demonstrated by a preponderance of the evidence that he is sufficiently rehabilitated and presently fit to perform the duties of the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. 7. Mr. Ellis never reported his conviction for DUI to the City, in violation of St. Paul Legislative Code § 376.16(e)(5)a.2. His failure to make that report, under the circumstances of this case, does not demonstrate a lack of present fitness to perform the duties of a licensed taxicab driver and does not demonstrate a lack of sufficient rehabilitation to perform those duties within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the following: 3 IT IS RECOMMENDED that the St. Paul City Council approve the 2001 taxicab driver's license application of Wayne L. Ellis. + Dated this� day of January, 2002. Reported: Taped, No Transcript Prepared �y � / � � � �Q � �IY��1� �.T RICHARD C. LUIS Administrative taw Sudge NOTICE The St. Paul City Council is requested to notify the parties and the Administrative Law Judge of its final decision by first class maif. MEMORANDUM The Administrative Law Judge is persuaded that Mr. Ellis has demonstrated by a preponderance of the evidence that he is "sufficient(ly) rehabilitated...and present(ly) fiY' to engage in the Iicensed occupation of a taxicab driver in St. Paul. The City concedes that if the Applicant can meet the above-noted standard found at Minn. Stat. § 364.03, subd. 3, then his three-year disqualification from licensure because of being convicted for driving under the influence of alcohol, effective until October 9, 2002, must yield to the statutory provision that relieves a person from being otherwise disqualified from licensure. Counsel for the Applicant argues first that Mr. Ellis's conviction does not directly relate to the occupation for which the license is sought, in this case taxicab driver, within the meaning of Minn. Stat. § 364.03. The ALJ cannot agree. A conviction for DUI obviously relates directly to an occupation involving driving. Counsel's argument, that there is no direct relation because his client was off-duty at the time of the offense, interprets the statute too narrowly and was not considered. The issue then becomes whether Mr. Ellis has rehabilitated sufficiently such that he is now fit to drive a taxi in the City of St. Paul. The Gity admits that Mr. Ellis meets all the requirements for licensure except for the fact that he was convicted for DUI within the last three years. The City notes that the ApplicanYs failure to notify the City of his conviction (as required by § 376.16(k)(3) of the City Code) demonstrates that he has deceived City O�cials in the past and may try to do so again. As to the latter argument, the Administrative Law Judge had the opportunity to observe the demeanor and assess the credibility of Mr. Ellis when he testified at the hearing, and believes that the Appiicant told the truth in testifying under oath that he was not aware of the requirement to report a DUI conviction himself. The ALJ believes 4 it was reasonable for him to expect that the LIEP Office would be notified through government channels. It is concluded that this set of circumstances should not be grounds to accuse Mr. Ellis of being unfit to resume his licensed occupation.' A failure to self-report a DUI arising out of ignorance does not imply that one lacks "present fitness to perform the duties of the...occupation° of taxi driver. As to "sufficient rehabilitation", the ALJ is persuaded that Mr. Ellis's successful completion of the terms of his probation and the unchallenged evidence that he has learned from his mistake and appreciates the adverse consequences that can result to others (and himselfl from drinking before driving, taken together, demonstrate that he should no longer be disqualified from licensure as a taxicab driver. The ALJ believes the ApplicanYs testimony that he never drives before drinking. fiis continued employment as a cab driver, without incident or complaint, since the time of the DUI incident, demonstrates further that he is fit for the occupation and that he has rehabilitated himself from the incident. R.C.L. ' Exhibit 1, the renewal application for 2001, contains a boilerplate attestation that an applicant has read and understands the requirements of Chapter 376.16. Setting aside the fact that there is no evidence regarding whether such an attestation was made in 2000, the ALJ accepts as true the ApplicanYs testimony that he thought he understood the appiicable ru�es when he signed the form, and that he had read the rules once but did not remember the obligation to report on himseif. 5 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MN 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the Taxicab OAH Docket No. 7-6020-14612-3 Driver's License Application of Wayne L. Ellis Mary Osborn, certifies that on the 25th day of January, 2002, she served a true and correct copy of the attached Findings of Fact, Conclusions and Recommendation; by placing it in the United States mail with postage prepaid, addressed to the following individuals: Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota, 55102 Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, Minnesota 55102 Clark Thurn Attorney at Law 1959 Sloan Place, Suite 110 Maplewood, Minnesota 55117 OFFTCE OF THE CITY ATTORNEY Clnyton M. Robirssors, Jr., CityAttorney CITY OF SAINT PAt��= C�- �,' `-'-' av,r o;v�s,on NormColemon,May�or q'^,' n^ `.,,", JL 400CiryHal! Telephone:65I2668710 U ISWestKello Blvd Facsimile:651298-56l9 �� .c� L�� SS Sairtt Pau{ hfinnesota 55102 � _ �," __ i3ovember 19, 2001 NOTICE OF HEARING Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Ellis: Please take notice that a hearing will be held at the following time, date and place concerning your taxic�b license renewal application: �'a �� t��" � Date: Friday, December 28, 2001 �/� ,� \ Time: 9:30 a.m. � � Place: Room 41 � � �,� , �� St. Paul City Hall /�� 15 W. Kellogg Blvd. � St. Paul, MN. 55102 The hearing ill be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: - Name: Richard C. Luis OfFce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, denial, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your taxicab license renewal application as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is not eligible to be licensed to operate a ta�cab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of Alcohol. Your driver's license record shows that you were convicted in October of 1999 for such an offense. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 1457 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony frbm persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing the Judge will prepare Findings ofFact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation far Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearin�, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, ✓ L<.' ��Gi-I'�� , Virginia D. Palmer Assistant City Attorney cc: DianeNordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Notice of Hearing - Page 3 OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF TFIE CITY OF SAINT PAUL In Re the Tasicab Driver's License Application of Wayne I,owell Ellis CITY'S PROPOSED EXfIIBTTS Aecember 28, 2001 TO: Judge Richazd C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes alist ofthe City's proposed exhibits forthe Administrative Hearing on December 28, 2001. Exhibit No. Exh. No. l Exh. No. 2 Exh. No. 3 Exh. No. 4 E�. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description Tasicab Driver - Renewal License Application, dated September 21, 2001 with copy of Minnesota Driver's License (2 pp.); License information (4 pp.); Print out of State Record Check (1 p.); D.P.S. Driver License Commercial Inquiry, dated October 30, 3001 (1 p.); Certified copy of Ramsey County Court recard, case number 62-TS-99-081618 � PP•); Notice Of Intent To Deny Renewal Application, dated November 2, 2001, with Affidavit Of Service (3 pp.); Letter from Wayne Ellis to Virginia Palmer, dated November 14, 2001 (2 pp.); Notice of Hearing, dated November 19, 2001, with Affidavit of Service (4 pp.); Letter from Clark Thurn to Virginia Palmer, dated December 7, 2001 (1 p.)_ Aiso attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislarive Code § 376.16 Respectfully submitted this 28th day of December, 2001. � �� Virginia(� . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 TAXICAB DRIVER - renewai LiCENSE APPLICATION T:IIS A�'PLICATIOti IS SUBTECT TO REVIEW BY T:iE PLBLIC PLEASE TYPE OR PRIP IT liv INK LICENSES ARE NOT TRAA�iSFERABLE PAY�NT MUST BE RECEIVED �VITH EACH APPLICATIO\ Licensee Information: CITY OF SA�'T PAUL OtTice of License, Inspecnons and En�ironmental Protection jSO SL 7C.C. SL S WF SW $va: oyil. MiMaou 3510� f651)266-9090 iax(65q'_66-91_. .�.: . ,{:--. " - - . . ...� ` . _ .. . . Name and Title: E,"�" �� t U�-t> � � C "°s i"> Fiai Middle (Maiden) Last Titlz Home Address: �� .� ��= : �,n _ �: ��j -,.�J�... . � __ �� . . �=,.. � - . rY" T' � T•`1..r; - � .r Lt t E ' Statz Z� 4 Street(�,Name,Type,Direction) City _ p Mail To Address (if different than home address): '3 i= i '✓ "� -• i� ` i� (°� ''k `� �- i �-i-��° i i�! �2 `�t�r; Street (m, Name, Typt, Dicec[ion) Ciry � S�a�e Z�P�� Home Phone: (i� .�ir€.�. �=� �'( � [' � DateofBirth: "1t=!>�!�%=f PlaceofBirth: �"v- � �3;_�" �`. T�t t":� Driver'sLicense # , (:..;y�`;�,;�;.; - = . � , � }V',",.�''i"��::��"��TE (::�' � � Exp. Date , j , ? .' : , f �' c �' _' - - . . Name and Address of cab company you will be driving for ANY FAi,SIFICATION OF ANSWERS GIVEN OR VIATERIAL SUB�IITTED WILL RESULT IY DENIAL OF THIS APPLICATION I hereby sta[e tha[ I have answered all of che preceding questions, and thaY the information contained hzrzin is true and wrrect to the bes[ of my knowled�e andbelief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution, or othenvise, o[her ihan already disclosed in the application which I herewiih submitted. I also hereby state that I have read and understand the rules and regulations set foRh in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Le�islative Code). Signature (REQUIRED for all Preferred methods of communication from this office (please ruilc in order of preference -"1" is most preferred): )�-�%: Da[e Phone Number with acea code: ( `�i'. �. � ) �=� ' :- s � � Estension (Circle the rype of phone number you have listed above: Business Aome Cell ; Fa�a�er Phone Number with area code: ( ) Extension (Circle the type of phone number you have listed above: Business Home Cel1 Fax Pager � Mail: (Y, Name, Type, Direction) City Sta[e Intemet: Address � _ Application of Wayne Ellis _ City s Exh. No. 1 S� � n m � � �� i i 1, ; , f �_ L'icense Group Comments Text Licensee: yyqYNE ELLIS OB/a= WAYNE ELL1S License #: 0033801 �0/05/200� To CAO forpossible adverse action based on record check. CAR See Complaint #183423 2/6/98 Mailed notice of license suspension IettedJL 1070M200 ; � _ Application of Wayne Ellis �, City's Exh. No. 2 Atltlress � Licensee Cartact I V�� mqer j . Las[ Name. Fvs[ Name: AYNE Tdle Streel C r Sireel Name: Street �� <Alb Direction: �Alb Unrt # r Crt�L Wb Bus PFwne #. �� Home Phorre i: � � Last? Fest' Tdie:; sne = 5[re D_�ire Un¢= .4"�v`X'1:':.'�£aNFA...-:9?iRSa�r+�..ium3eel OBA ;NAYNEqIIC 4.icense ' Licensee � Lic. Types � truurance l Bontl � Requremerds l .�` Pmperty Y' Licensee f Urmfficisl —_—_— � Prqe� Fan7M1ffior. M4FTHVS, COftINNE Street # 577 Ativerse Action Carvnerds � lreet Name' LES � ' Sireet Type AYE D"vectian: �— Und Irxi. �— � �..n r �— i� s�e ' vVarct 3 Dis[ Caunc�: licensee DBA: ' Sales Tax Itl: —� I¢: SS7U4 a� aus BusPhone:� �2 � 10Atll: record rneck. CPR rwtice ot license suspension IettaA� Licensee Commetilx License # lasf j F'vs[: * Tdle. �cense Stre; Licensee Name: Strea DBA Stre Sales T� Id: 9.4 Gordract Rec' DiraK AA Fee Collectetl: Unrt Qly.� V�nsee AYf� R i K � DBA YNE HlIS Licensee � Uw Types � Inswarce � Baid � RequFemerds � AYNE EWS AYNE EWS !A pq�-Prpf'�; � WOYker'S CAm(x NOA000 d N000 AA Trein�ng Ru'B NS��U NUW Dimourt Rec'd r ""'" ___ . _. _. _... Other OSK30I199�09fPR00 Other _ DaU0q00d08l30l199 8eck9rourM Cix�ck Requlretl � cense # 3807 sLtiw,.�....=i t5'„-'d'�" ' WAYNE TFW DPoVER __""'_"_"-" '"__ '_ ____ `_ ___�'_'_.�— _ '_ �/VAYNE � v`;' "��.?:.,��,�*':�t"'��^z^d«�w' :,,,,:�. �� ! M�ITOCaritad "_ '. r"'�LicrosePddress - l65�� -Mal Invaice Ta: — �' Ma7 To CoMad 4' License Atltlress ,j _ Application of Wayne Ellis _ City s Exh. No. 3 T:'.4.i:k:��¢n. ,_. ,._ �' ---' l!s" " " '__ :'�H'r __'_.-__ i� „Iit_n��.._ ._. r... 'i""°_' ,a.1 r ._ _ . i .- . .. �. _ a . ._ .. _ L:F:I• :I?I .... .. .. '�'_ __ .:__.. �..._i —_.. �f�_�. _ni_li:y:_:a _... _�._ _.. _..� ..� ......�_ ___ __.JC� ! '-.... -�-._ =t _... ____ ______ _ `_._ _.. _.._ _.._v_—_____.. __ _ _. _ _ . ___ ____ ...___ __ _�_... _ .. -:.y�= +__ - �•:r — _ ___— _ - _ _ — .. � :.�':�:� : � ' �: : _ '_ _ " _ : n.'� ' __ " _ �_ '___" __ ' '_,_ __ :: _,.�,...._._.. ..'s' _ ___"..' '_ .__ .n. ..� �. • . 1� :":tl-_.. � c a i/'✓ _�.�__.> _'_ ___t_> _'� __ __ . _ . ._ .i. __ —". _..` "�� __`__/.vt_i_'. _":'_ .._ _ . . !:'t..1:".._ Lrt_�: :J:`i�1Ch� .._ _... �_C:ti�C ..._ ,. __� ��S' .: �`!� .f. . _....-t: i�: . . ,.f1W ._�. ... ..�__v' "' rc�.i��;i',i:a[_ _F.Rr�3 �. ' .:. _ ' jii��.._ !_L�ivtll...__Ii`:j til' Ci� .—..'�i._ !i' -..� '`t�T _. �"ri_:5�� - er enew �cense Application of �Vavne Ellis _ — City's Exh.1V�o. 4 Criminal Case Summary SD1008.0/011220:08430700 62-TS-99-081618 Drivina Intoxicated nate filed• 10/08/1999 Name: ELLIS, WAYNE LOWELL, [3/100799] Alias• DOB: 11/23/1943 Sex: Dfnt Attrny: CONNIE S. IVERSEN ?'� e; Public Def Dfnt Status: Other Status Date: 1�/7-9/1999 Bail Amount: Case Status CLOSED Offense Date: Location: 1 Continuances: 0 Trial CCT Plea Charge 001 GUILTY . DWI MISD 002 NOT GIIILTY . OVER .10 <.20 MI ��3 N�T GIIILTY . OVER 10% BAC W/I Date Activity Last 10/28/1999 Closed Pending 04/28/2010 Archive Disposition Date 10/28/1999 Next Time 5:30 10/07/1999 Warrant Date: Type: Jurisdiction: Chap/Sect/Subd GOC UOC 169.121 lA3B 169.121 1D3B N 169.121 1E38 Judge FC— 04 06 08 10 District Verdict Guilty Dismissed Dismissed CRTRM C-`�,i�!ici'aY.LliiiCv °GtaS,D;;tttctCo�i:Admin'ssir2for, ';�? sey �o�r::v, Slaie e? �inr.:2so'ca, does t�ereby � ce;�;'ry ::,,e!E<v �ita��.ed iastr4,��e�� is a?;ue 8^G CO�reCi CL��V C? fhB Ofly;r3; fitl #ii8 flP.� Qf 6GC�';3�;!: iTiy� Q�:Cc. +�=;�� n,� ay �fr�za� Lr�.RicL�t�.� �Ci �,. �Qisfri�EGourtAd�tinisiratoi / _ Application of Wayne Ellis � City s Exh. No. 5 iYU. Dsa:.Ry SD1019.0/011220:08430016 Activity Summary First 62-T5-99-081618 Drivinv Intoxicated nate filed: 10/08/1999 The State of Minnesota CrtRm Intro Ch45 Cont SrvcDate _ 10/08/99 _ 10/08/99 _ 10/19/99 _ 10/28/99 _ 10/28/99 _ 10/28/99 CSSfl �11EQ Vb:Sj U6:j3 Arraigmm�t 08:30 L Cohen ADC PD APPT; PNG; FC:TDC 10-28-99 lOAM BASTIAN CH; BSA CR/PR OR $500. Order 09:13 ORDER SETT2NG DISPO CONF/OA AIQD ORDER TO REPORT FILED Order 08:29 L Cohen ORDER OF CONDITIONAL RELEASE SIGNED BY JUDGE Sentencing 09:00 G Bastian CH CR/PR - PG CT1-CTS 2& 3 DM/CA; 30DYS &$300 SS 1)$50/FS; 2)LA/NO SS; 3)CE/COMPLY; 4)MADD; 5)NO DRIVG; 6)NO DL/INS VIOL; P/A $50/FS Doc. Filed 11:16 PETITION TO ENTER PLEA OF GUILTY IN A MISD CASE Pd in Full 11:35 CASH $50+25+5 BJM _ 10/28/99 Closed 05:30 ______________________________Pending Activities =_________________ 04/28/10 Archive DB DB MFU PB 2YRS; DRNK PM PM SD1009.0/011220:08430925 Criminal Sentencing Inquiry Last 62-T5-99-081618 Drivina Intoxicated nate filed• 10/08/1999 Defendant: ELLIS, WAYNE LOWELL, [3/1007997 SENTENCING: Date- Judge-� Stay Imposition: COL7NT5 : 0 01 SENTENCE Year Mos Davs Pronounced 30 Probation ? — Conditional — Lenath of Stav ? _ OR Fined $ 300.00 Surcharpe $ 30.00 Costs $ 0.00 Public Def. $ 0.00 Restitution S 0.00 Probn Agt CT SVS DL Suspend: Confinement Probation Residential Staved $ 250.00_ NCIC: NCIG MN062013G T� S Treatment: This Other Cmnlnt Cmpint Concurrent Fine Suspended: Consecutive – – Other Court Provisions: 570 545 544 Reinstated: School • Date- ! CONIMENTS: 1)$50/FS ;2)LA/NO SS; 3)CE/COMPLY; � 6)NO DL/INS VIOL; P/A $50/FS - NTV Next FC— O1 02 03 Alchl Assess: $ Waived 4)MADD; 5)NO DRINK/DRVG; CE FEE; PM 06 07 08 09 12 • CITY OF SAINT PAUL Norm Coleman, Ma}�or November 2, 2001 OFFICE�THE CITY ATTORNEY Clny4ors �L insoa, Jr., City Anorney� Civi[Dirision 400 Ciry Hal[ IS VYest Kellogg B[vd. Snint Pnul, Minrtesot¢ 5510? Telephone: 65! 266-87l0 Facsimile: 65! 298-�619 NOTICE OF INTENT TO DENY RENEWAL APPLICATION Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Ellis: The Office of License, Inspections and Environmental Protection has recommended adverse action against the taxicab driver license held by you in Saint Paul. The basis for the recommendation is as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is uot eligible to be licensed to operate a taxicab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of AlcohoL Your driver's license record shows that you were convicted in October of 1999 for such an offense. If you do not dispute the above facts, you may withdraw your renewal application at this time. Alternatively, 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 renewal application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license renewal application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. The recommendation of the licensing office is for the denial of your license renewal application. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze 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 hearin� will be. � er en � a icense _ Application of `Vayne Ellis _ City's Exh. No. 6 Page 2 � Wayne Lowell Ellis November 2, 2001 • If you have not contacted me by Tuesday, November 13, 2001, 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 allowed and the recommended denial of your license renewal application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, L� u �� V� � � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Rich Jents, LIEP �J CITY OF SAINT PAUL Norm Coleman, May�or November 19, 2001 NOTICE OF HEARING Wayne I.owell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Bllis: OFFIC�F THE CITY ATTORNEY Clayton binson, Jc, Ciry Aftorney Civil Division 400 Ciry Hall IS Wes� Kellogg Blvd. Sain! Paul, Minnetola SJl02 Telephone: 65! 166-8710 Pacsimile: 651 198-5619 Please take notice that a hearing will be held at the following time, date and place conceming your taxicab license renewal appiication: - -- Date: Friday, December 28, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. SS401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, denial, suspension, fines and other penalties or conditions. � ca ri�er enewa ecense _ Application of Wayne Ellis _ City's E�a. No. 8 Evidence will be present�o the judge which may lead to adve�action against your taacicab license renewal application as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is not eligible to be licensed to operate a taxicab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of Alcohol. Your driver's license record shows that you were convicted in October of 1999 for such an offense. You have the right to be represented by an attorney before and durin� the hearin� or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony frbm persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, piease contact or have your attomey contact the undersigned. If a stipulation or a�eement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 �7'�r�i7ir�•It i — --- --------- - I- _ /�° ,� G � z ` i _ ��X . _ 11��-�_ _??i '-- -- � r� r s `� - -.__it_-�.�!_-vf --� 8 C''-- - �- F'� e`.Q'Q-- - '— — --- �- ------ — - _ �5_��_ �._ _$�_C�I�E�- ` �� -�.�-��,-�--- !- --- -�a�� _5�-ta.a_ --- ----- . --Cl�-�-T-�'Ot�NE-l�-- -- -- -.��--- - --- ------ — -- - - � ---- `�'`�-�---- , � —��.- -- ----�� -- ' c�.� --.��--�.�.�_. , -- _--��-� _��- � _ ---� -�-�-�-=�-�--�--�= � -�iu-��---- , ; i - �.�–G.r-�---'��c'i— �1 ZFCC,L.G-C� � �' � --�' �L _.CL J"��-1� _ --- --- --_-- ,-. / ` �/ / I -- l�.! J / /J .. .�� . � . � _ � ...' � � /AJ �%-/ �-0-✓-^_�`.G>-/'-�i� �� "�+',-`i"�-- l `-'-��_ _'_ -• f �--'E/�1�—�'� � / 1 _-�"i�2��!Ge! �'�. � / i _„�(� �i/Z� --�.C��G.P.� �'� � - �z-e'- -��/ G'c�cL��;� a � - _ Application of Wayne Ellis _ City's Exh. No. 7 2 _, � � .� -- l.�J - �._S=_�ti � � --- -- - � ��., � -�< ..-- - ?.a-��' _ __- -- - � --- - ----------- - - --- ----_ � ----- I -- - --- -- - - - - -- - - -� - - - - -- - --- i-- - - - �.�0 �-- ------- -��'--- `�-�-�� - - Z i �. 1 Council File # �Z — 2/ G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date 1 WHEREAS, adverse action was initiated against the taxicab driver's license held by Wayne L. 2 Ellis by the Office of LIEP based upon a conviction for Driving Under the Influence of Alcohol from 3 October 7, 1999, which is a violation of Saint Paul Legislative Code §376.16(e)(5); and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, Licensee requested a hearing before an Administrarive Law Judge to show proof of rehabilitarion pursuant to Minn. Stat. §364.03, and a hearing was held on December 28, 2001 before Administrarive Law Judge Richard Luis; and WHEREAS, the ALJ issued a Report dated January 25, 2002, and determined that Mr. Ellis had shown sufficient evidence of rehabilitation to show that he should be issued a taxicab driver's license; now, therefore be it RESOLVED, that a taxicab drivers license shall be issued to Wayne L. Ellis. FURTHER RESOLVED, that the fmdings of fact and conclusions of law contained in the ALJ Report in this case dated January 25, 2002 aze adopted as the written findings and conclusion of the Council in this matter. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on December 28, 2001, the documents and exhibits introduced therein and, the findings of fact and conclusions of law of the ALJ as referenced above. A copy of this Resolurion, as adopted, shall be sent by first class mail to the Administrative Law Judge and to Clark Thum, attomey for Licensees. � �r ►,.__. : B lJ�.[i �'Y� ""<L�.� Green Sheet # 103347 � OFFICE OF LIEP Date: � Roger curtis, nirector March s, zooz GREEN SHEET� � 266-9013 No .10 3 3 4 7 � 1 EPARTt�NT DIRECTOR ITY COUNCIL � ITY ATTORNEY ZTY CLERR n.msra J 17.$t be �11 C�U.nCll Agenda • �°°�° �`ET DIRECTOR IN. & MGT. SVC. DIR. arch 20 2��2 Consent YoR (OR ASSISTANP) AT+ # OF SIGNAT[JRE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: That Wayne L. Ellis be issued a taxi cab drivers license. , CONAfENDATIONS: APPROVE (A) OR REJECT (R) SRSONAL SERVICE CONTRACTS MUST ANSWER Tffi: FOLLOWING: " PLANNING COMMISSION CIVIL SERVICE Has the person/fism ever worked under a contract for this department? OMMISSION YES NO CIB COMMITTEE _ BUSINESS REVIEW Has this person/firm ever been a City employee? OUNCIL YES NO � STAFF Does this person/firm possess a ski11 not normally possessed by any Current City employee? DISTRICT COURT YES NO � . laia all YES answers oa a seyarate sheet aad attach. UPPORTS WHICH COUNCIL OBJECTIVE? ,.INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ' dverse action was initiated based upon a conviction for Driving Under .the Influence of Alcohol from October 7, 1999. Licensee requested a earing before an Administrative Law Judge to show proof of rehabilitation pursuant to Minnesota Statute 364.03. The Administrative aw Judge found that Mr. Ellis had shown suf£icient evidence of ehabilitation to show that he should be issued a taxicab driver's license. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES O UNIJING SOURCE ACTIVITY NUMBER INANCIAL INFORMATION: (EXPLAIN) Tp � �� ... �� # � � � � �� ; .v ^� 2�� 4 r OFFICE OF THE CITY ATTOFL�IEY ManuelJ. Cervrsrttes, CityAttorrsey � ��`� CITY OF SAINT PAUL c,�rror�,sro„ Randy C. Kelly, Mayor 400 Ciry• Hal1 Te1eplmne: 651266-87/ p � IS Facsimile:651298-5619 Saint pau( hlinnuota 55102 � 3S January 29, 2002 NOTICE OF COUNCIL HEARING Clazk Thum Attorney at Law 1959 Sloan Place, Suite 110 Maplewood, Minnesota 55117 RE: Taxicab Driver License held by Wayne L. Ellis Dear Mr. Thum: Please take notice that a hearing on the report of the Administrative Law Judge concemin� the above-mentioned taxicab driver's license has been scheduled for 5:30 p.m., `Vednesday, February 27, 2002, in the City Council Chambers, Third Floor, Saint Paul Ctty Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the 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 jud�ement and discretion. Sincerely, - ��tJ C� J �� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Oa-- 7-6020-14612-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis FINDINGS OF FACT. CONCLUSIONS AND RECOMMENQATION The above-entitled matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis, serving as hearing o�cer for the St. Paul City Council, on December 28, 20�1 at the St. Paul City Hall. The record closec+ at the conclusion of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Fiatl, 95 West Kellogg Boulevard, St. Paul, Minnesota, 55102, appeared on behalf of the St. Paul City Office of License, Inspections and Environmental Protection (City, LIEP). Clark Thurn, Attorney at Law, 1959 Sloan Place, Suite 110, Maplewood, Minnesota 55117, appeared on behalf of Wayne Ellis (Applicant, Licensee). NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), the City Council will provide the parties an opportunity to present oral or written argument to the Council before it takes final action: The parties should contact the St. Paul City Council Offices (651/266-8500) to determine the procedure for presenting argument. STATEMENT OF ISSUES Whether a conviction for driving under the influence of alcohol directly relates to the occupation of taxicab driver; and If such a conviction is directiy related to the occupation of taxicab driver, whether the Applicant/Licensee can show competent evidence of sufficient rehabilitation and present fitness to pertorm as a taxicab driver? Based on ali the proceedings herein, the Administrative Law Judge makes the foliowing: FINDINGS OF FACT 1. On October 28, 1999, Wayne Ellis pled guilfy and was convicted in Ramsey County District Court of driving under the influence of alcohol (DUI) on October 9 of that �a-�� year. The Licensee's blood alcohol levei when he was arrested was between .10 and .20. 2. At the time of his offense, Mr. Ellis (who then held a license as a St. Paul taxicab driver fhrough October, 1999) had completed his annual application for re-licensure. The license was granted. He was re-licensed successfully again in October, 2000. Mr. Ellis never informed the LIEP Office of his conviction. 3. When Mr. Ellis re-applied for licensure in September, 2001, the LIEP Office ran a records check with the Minnesota Department of Public Safety and learned of the Applicant's October, 1999 conviction for DUI. The City assumes a similar search was made when Ellis renewed his license in the fall of 2000, but no record of the conviction was found then. 4. On November 2, 2001, the City notified ivir. Eliis by mail of iis intention to deny his application for license renewal, and the Applicant filed a timely appeal. This hearing process followed. 5. After he was convicted of DUI, for which he was fined $300 (all but $50 stayed) and had to pay court costs, Mr. Eilis was placed on probation for two years, through October 27, 2001. Pursuant to his sentence and as condition(s) of his probation, Mr. Ellis was ordered never to drink alcohol before driving, to attend and complete the Mothers Against Drunk Driving (MADD) "Panel" Education Seminar and to complete a weekend counseling session at Anoka-Metro Regional Treatment Center. The Appiicant completed those programs and requirements successfully and has not consumed alcohol prior to driving since the time of his arrest. His employer before and after the DUI incident, Green and White Taxi, reports that there have been no complaints about Mr. Ellis. Ex. 11. 6. The Applicant was discharged from probation on October 27, 2001. The conviction for DUI in October, 1999 is his only alcohol-related offense. He has not committed any other crimes or other acts which would disqualify him from licensure. 7. Mr. Ellis did not inform the LIEP Office of his DUI conviction because he was not aware that he was required to do so. Until some time after the commencement of this proceeding, he was ignorant of the requirement in St. Paul Legislative Code § 376.16 (k)(3), which requires anyone holding a taxicab driver's license to notify the LIEP Office immediately upon conviction of an alcohol-related offense. During the time between his arrest and learning of the requirement to report to LIEP, Mr. Ellis assumed that the arresting authority (St. Paul Police) would notify the LIEP Office of his conviction. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: z oa--a�4� CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Sfat. §§ 14.55 and 53A.02 and St. Paul Legislative Gode §§ 310.05, 310.06 and 376.16. 2. The City of St. Paui has fulfilied ali relevant substantive and procedural requiremenfs of law and rule. 3. The Cify of St. Paul has given proper notice of the hearing in this matter, including appropriate notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legislative Code Chapter 376. 4. St. Paul Legislative Code § 376.16(e)(5)a.2. makes anyone who has had a conviction for driving under the influsnce of an alc�ho)ic beverage d:ar�ng tha last th� ee years ineligible for the receipt of a taxicab driver's license. Absent any relief, the Applicant is ineligible for renewal of his taxicab driver's license until October 9, 2002. 5. Under Minn. Stat. § 364.03, subd. 1, a person cannot be disqualified from engaging in any occupation for which a municipal license is required solely or in part because of a prior conviction of a crime unless the crime or crimes for which convicted directly relate to the occupation for which tF�e license is sought. Driving under the influence of alcohol directiy relates to the occupation of taxicab driver. 6. Under subd. 3 of Minn. Stat. § 364.03, a person convicted of a crime or crimes which directly relate to the occupation for which licensure is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perForm the duties of the occupation for which the license is sought. Mr. Ellis has demonstrated by a preponderance of the evidence that he is su�ciently rehabilitated and presently fit to perForm the duties of the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. 7. Mr. Ellis never reported his conviction for DUl to the City, in viotation of St. Paul Legislative Code § 376.16(e)(5)a.2. His failure to make that report, under the circumstances of this case, does not demonstrate a lack of present fitness to perform the duties of a licensed taxicab driver and does not demonstrate a lack of sufficient rehabilitation to perform those duties within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the foilowing: s aa-at� RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council approve the 2001 faxicab driver's license application of Wayne L. Eliis. k Dated this� day of January, 2002. Reported: Taped, No Transcript Prepared r �� n� G RICHARD C. LUIS Administrative Law Judge NOTICE The St. Paul City Council is requested to notify the parties and the Administrative Law Judge of its final decision by first class mail. MEMORANDUM The Administrative Law Judge is persuaded that Mr. Ellis has demonstrated by a preponderance of the evidence that he is "sufficient(ly) rehabilitated...and present(ly) fit" to engage in the licensed occupation of a taxicab driver in St. Paul. The City concedes that if the Applicant can meet the above-noted standard found at Minn. Stat. § 364.03, subd. 3, then his three-year disqualification from licensure because of being convicted for driving under the influence of aicohol, effective until October 9, 2002, must yield to the statutory provision that relieves a person from being otherwise disqualified from licensure. Counsel for the Applicant argues first that Mr. Ellis's conviction does not directly relate to the occupation for which the license is sought, in this case taxicab driver, within the meaning of Minn. Stat. § 364,03. The ALJ cannot agree. A conviction for DUI obviously relates directly to an occupation involving driving. Counsel's argument, that there is no direct relation because his client was off-duty at the time of the offense, interprets the statute too narrowly and was not considered. The issue then becomes whether Mr. Ellis has rehabilitated su�ciently such that he is now fit to drive a taxi in the City of St. Paul. The City admits that Mr. Ellis meets all the requirements for licensure except for the fact that he was convicted for DUI within the last three years. The City notes that the ApplicanYs failure to notify the City of his conviction (as required by § 376.16(k)(3) of the City Code) demonstrates that he has deceived City Officiais in the past and may try to do so again. As to the latter argument, the Administrative Law Judge had the opportunity to observe the demeanor and assess the credibility of Mr. Ellis when he testified at the hearing, and believes that the Applicant told the truth in testifying under oath that he was not aware of the requirement to report a DUI conviction himself. The ALJ believes � t�a-a�b it was reasonable for him to expect fhat the lIEP O�ce would be notified fhrough government channels. It is concluded that this sef of circumstances should not be grounds to accuse Mr. Eliis of being unfit to resume his licensed occupation.' A failure to self-report a DUI arising out of ignorance does not imply that one lacks "present fitness to perform the duties of the... occupation" of taxi driver. As to "sufficient rehabilitation", the ALJ is persuaded that Mr. Ellis's successful completion of the terms of his probation and the unchallenged evidence that he has learned from his mistake and appreciates fhe adverse consequences thaf can result to others (and himseifl from drinking before driving, taken together, demonstrate that he should no longer be disqualified from licensure as a taxicab driver. The ALJ believes the ApplicanYs testimony fhat he never drives before drinking. His continued employment as a cab driver, without incident or complaint, since the time of the bUl incident, demonstrates further that he is fit for the occupation and that he has rehabilitated himself from the incident. R.C.L. ' Exhibit 1, the renewal application for 2001, contains a boilerplate attestation that an applicant has read and understands the requirements of Chapter 376.16. Setting aside the fact that there is no evidence regarding whether such an attestation was made in 2000, the ALJ accepts as true the Appiicant's testimony that he thought he understood the applicable rules when he signed the form, and that he had read the rules once but did not remember the obligation to report on h'rmself. 5 Clark Thurn, Attorney at Law Insurance and General Practice REC�IVED DEC 1 0 200� December 7, 2001 C{°fY ATTC�RNEY Virginia D. Palmer, Assistant City Attorney City of St. Paul, Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: Wayne Lowell Ellis Taxicab Driver's License Dear Ms. Palmer: 1959 Sloan Place, Suite 110 Maplewood, MN 55117 (651) 631-1746 Fax:(651) 631-8885 CLARK1999La7email. msn.com This letter is to inform you that I represent Wayne Lowell Ellis with regard to the aforementioned matter. Mr. Ellis and I will be appearing at the scheduled December 28, 2001, hearing. I will be in touch with you in this regard further. Sincerely, _ � Clark Thurn CT�klj ��; �� r ocueL gti;, � � _ Ap�lication of Wayne Ellis _ City's Exh. No. 9 November 27, 2001 To Whom It May Concern: DCHIBIT � NEIGHBOBHOOD OFFICES Community Services Unit Arcade Office Marshall Office Spruce Tree East Spruce Tree North Spruce Tree South Spruce Tree West According to our computer records/index cazds — microfiche records, Wayne Lowell Ellis, has satisfactorily completed all required conditions of his supervision with Ramsey County Community Corrections for the offense of DWI, and was discharged at expiration, on October 27, 2001. Our records are confidential except for certain authorized correctional, legal and law enforcement agencies and cannot be obtained by outside agencies or unauthorized persons without a Court Order signed by the Judge of record. - �.��SZ—� 2 .c , .� '�'�'1��—�-�..`, Kathleen Kern Ramsey County Corrections Department Adult Courts Division Suite 640-D St. Paul, MN 55102 Phone: 651-266-2329 / FAX: 651-266-2290 Community Corrections Department ADULT COURTS DIVISION 50 West Kellogg Boulevard, Suite 640-D St. Paul, MN 55102 • Tel: (651) 266-2300 • Fax: (651) 266-2290 Robert A. Hanson, Director George Courchane, Assistant Director Minnesoffi's F1ret Home Eule Comty printeAOn reqcled paperwiN amin(mumof IO%postconsumerconleot �� r ' I % %' � - � � , ,�, � L i T A X I C O R P O R A T I O N 3315 North Second S�eet Minneapolis, Minnesota 55412 Te1.612-588-0000 Fac.612-588-0339 I DCHIBIT ��/liS �/� November 27, 2001 Re: Wayne Ellis v'' �'4' To Whom It May Concern: This letter is to verify Yhat Subwban/Green & Wlute T�i has had no complaints against Mr. Ellis. If you need more information, please feel free to call. Thank you, �K�� ch� e 612-302-4099 . � � � � � If you have any questions, you can call me at 266-8710. Very truly yours, ✓/�`��", Virginia D. Palmer Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washin�on Square, Suite 1700, Mpls, NIN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Notice of Hearing - Page 3 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SSRVICB BY MA2L JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 19, 2001, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, MN. 55421 (which is the last known address of same, with postage prepaid, in the Uni Minnesota. / Subscribed and sworn to before me this 19th day of November,-2001. said person) deposit ' ' /Gfi(/G� ; /�� _ w PETcR P PAJ�lG84RE!" ;� g��f, N07A'r2YPUBLI�-MiNNESOTA Notary Public ; ;� � a,�v�an��ip� EXflacS JHtd. 3�, 2�5 the �aul,�� # • STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ) X� AFFIDAVIT OF STRVICB BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 2, 2001, she served the attached NOTICE OF INTENT TO DENY RENEWAL APPLICATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, MN. 55421 (which is the last known address of said person) depositing the same, with postage prepaid, in the Unit tates mails at St. Paul, Minnesota. �,., � A G.� CLEMENTS Subscribed and sworn to before me this 2nd day of November, 2001. Notary Public PET'cR P. PAt�!Cs�bRFV FlO7hRY FUSUC - MINNESOTA R9Y Cd�1AMlSSION EXi�EPES JAN.39. 2005 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 25, 2002 Fred Owusu, City Cierk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, Minnesota 55102 RE: In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis; OAH Docket No. 7-6020-14612-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Also encfosed is the ofificial record, with the exception of the tape recording of the hearing. If you would like a copy of those tapes, please contact our office in writing or telephone 612-341-7448. Our file in this matter is now being closed. Very truly yours, ��1�/�GL �'•.�� "'° RICHARD C. LUIS Administrative Law Judge Telep hone: 612l349-2542 RCL:osb Encl. cc: Virginia D. Palmer, Assistant City Attorney Clark Thurn, Attorney at Law �E��ty� � ,��° 2 � 2002 ��f, -�,, a `� E Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 7-6020-14612-3 STATE OF MINNESOTA OFFIGE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver's License Application of Wayne L. Ellis FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative L.aw Judge (ALJ) Richard C. Luis, serving as hearing officer for the St. Paul City Council, on December 28, 2001 at the St. Paul City Hall. The record closed at the conclusion of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hal1, 15 West 4Cellogg Boulevard, St. Paul, Minnesota, 55102, appeared on behalf of the St. Paul City Office of License, Inspections and Environmental Protection (City, LIEP). Clark Thurn, Attorney at Law, 1959 Sloan Place, Suite 110, Maplewood, Minnesota 55117, appeared on behalf of Wayne Ellis (Applicant, Licensee). NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council will make the final decision after a review of the record and may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), the City Council will provide the parties an opportunity to present oral or written argument to the Council before it takes final action. The parties should contact the St. Paul City Council Offices (651/266-8500) to determine the procedure for presenting argument. STATEMENT OF ISSUES Whether a conviction for driving under the influence of alcohoi directly refates to the occupation of taxicab driver; and If such a conviction is directly related to the occupation of taxicab driver, whether the ApplicanULicensee can show competent evidence of sufficlent rehabilitation and present fitness to perform as a taxicab driver? Based on all the proceedings herein, the Administrative Law Judge makes the following: FINDWGS OF FACT 1. On October 28, 1999, Wayne Ellis pled guilty and was convicted in Ramsey Gounty District Court of driving under the influence of alcohol (DUl) on October 9 of that year. The Licensee's blood alcohol level when he was arrested was befinreen .10 and .20. 2. At the time of his offense, Mr. Ellis (who then held a license as a St. Paul taxicab driver through October, 1999) had completed his annual application for re-licensure. The license was granted. He was re-licensed successfully again in October, 2000. Mr. Ellis never informed the LIEP Office of his conviction. 3. When Mr. Eitis re-applied for licensure in September, 2001, the LIEP Office ran a records check with the Minnesota Department of Public Safety and learned of the ApplicanYs October, 1999 conviction for DUI. The City assumes a similar search was made when Ellis renewed his license in the fall of 2000, but no record of the conviction was found then. 4. On November 2, 2001, the City notified Mr. Ellis by mail of its intention to deny his application for license renewal, and the Applicant filed a timely appeal. This hearing process followed. 5. After he was convicted of DUI, for which he was fined $300 (all but $50 stayed) and had to pay court costs, Mr. Ellis was placed on probation for two years, through October 27, 2001. Pursuant to his sentence and as condition(s) of his probation, Mr. Ellis was ordered never to drink alcohol before driving, to attend and complete the Mothers Against Drunk Driving (MADD) "Panel" Education Seminar and to complete a weekend counseling session at Anoka-Metro Regional Treatment Center. The Applicant completed those programs and requirements successfully and has not consumed alcohol prior to driving since the time of his arrest. His employer before and after the DUI incident, Green and White Taxi, reports that there have been no complaints about Mr. Ellis. Ex. 11. 6. The Applicant was discharged from probation on October 27, 2001. The conviction for DUI in October, 1999 is his only alcohol-related offense. He has not committed any other crimes or other acts which would disqualify him from licensure. 7. Mr. Ellis did not inform the LIEP O�ce of his DUI conviction because he was not aware that he was required to do so. Until some time after the commencement of this proceeding, he was ignorant of the requirement in St. Paul Legislative Code § 376.16 (k)(3), which requires anyone holding a taxicab driver's license to notify the LIEP Office immediately upon conviction of an alcohol-related offense. During the time between his arrest and learning of the requirement to report to LIEP, Mr. Ellis assumed that the arresting authority (St. Paul Police) would notify the LIEP Office of his conviction. Based upon the above Findings of Fact, the Administrative Law Judge makes the following: 2 CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and St. Paul Legislative Code §§ 310.05, 310.06 and 376.16. 2. The City of St. Paul has fulfilled all relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter, including appropriate notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legislative Code Chapter 376. 4. St. Paul Legislative Code § 376.16(e)(5)a.2. makes anyone who has had a conviction for driving under the influence of an alcoholic beverage during the iast three years ineligible for the receipt of a taxicab driver's license. Absent any relief, the Applicant is ineligible for renewal of his taxicab driver's license until October 9, 2002. 5. Under Minn. Stat. § 364.03, subd. 1, a person cannot be disqualified from engaging in any occupation for which a municipal license is required solely or in part because of a prior conviction of a crime unless the crime or crimes for which convicted directly relate to the occupation for which the license is sought. Driving under the influence of alcohol directly relates to the occupation of taxicab driver. 6. Under subd. 3 of Minn. Stat. § 364.03, a person convicted of a crime or crimes which directly relate to the occupation for which licensure is sought shall not be disqualified from the employment or occupation if the person can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. Mr. Ellis has demonstrated by a preponderance of the evidence that he is sufficiently rehabilitated and presently fit to perform the duties of the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. 7. Mr. Ellis never reported his conviction for DUI to the City, in violation of St. Paul Legislative Code § 376.16(e)(5)a.2. His failure to make that report, under the circumstances of this case, does not demonstrate a lack of present fitness to perform the duties of a licensed taxicab driver and does not demonstrate a lack of sufficient rehabilitation to perform those duties within the meaning of Minn. Stat. § 364.03, subd. 3. Based upon the above Conclusions, the Administrative Law Judge makes the following: 3 IT IS RECOMMENDED that the St. Paul City Council approve the 2001 taxicab driver's license application of Wayne L. Ellis. + Dated this� day of January, 2002. Reported: Taped, No Transcript Prepared �y � / � � � �Q � �IY��1� �.T RICHARD C. LUIS Administrative taw Sudge NOTICE The St. Paul City Council is requested to notify the parties and the Administrative Law Judge of its final decision by first class maif. MEMORANDUM The Administrative Law Judge is persuaded that Mr. Ellis has demonstrated by a preponderance of the evidence that he is "sufficient(ly) rehabilitated...and present(ly) fiY' to engage in the Iicensed occupation of a taxicab driver in St. Paul. The City concedes that if the Applicant can meet the above-noted standard found at Minn. Stat. § 364.03, subd. 3, then his three-year disqualification from licensure because of being convicted for driving under the influence of alcohol, effective until October 9, 2002, must yield to the statutory provision that relieves a person from being otherwise disqualified from licensure. Counsel for the Applicant argues first that Mr. Ellis's conviction does not directly relate to the occupation for which the license is sought, in this case taxicab driver, within the meaning of Minn. Stat. § 364.03. The ALJ cannot agree. A conviction for DUI obviously relates directly to an occupation involving driving. Counsel's argument, that there is no direct relation because his client was off-duty at the time of the offense, interprets the statute too narrowly and was not considered. The issue then becomes whether Mr. Ellis has rehabilitated sufficiently such that he is now fit to drive a taxi in the City of St. Paul. The Gity admits that Mr. Ellis meets all the requirements for licensure except for the fact that he was convicted for DUI within the last three years. The City notes that the ApplicanYs failure to notify the City of his conviction (as required by § 376.16(k)(3) of the City Code) demonstrates that he has deceived City O�cials in the past and may try to do so again. As to the latter argument, the Administrative Law Judge had the opportunity to observe the demeanor and assess the credibility of Mr. Ellis when he testified at the hearing, and believes that the Appiicant told the truth in testifying under oath that he was not aware of the requirement to report a DUI conviction himself. The ALJ believes 4 it was reasonable for him to expect that the LIEP Office would be notified through government channels. It is concluded that this set of circumstances should not be grounds to accuse Mr. Ellis of being unfit to resume his licensed occupation.' A failure to self-report a DUI arising out of ignorance does not imply that one lacks "present fitness to perform the duties of the...occupation° of taxi driver. As to "sufficient rehabilitation", the ALJ is persuaded that Mr. Ellis's successful completion of the terms of his probation and the unchallenged evidence that he has learned from his mistake and appreciates the adverse consequences that can result to others (and himselfl from drinking before driving, taken together, demonstrate that he should no longer be disqualified from licensure as a taxicab driver. The ALJ believes the ApplicanYs testimony that he never drives before drinking. fiis continued employment as a cab driver, without incident or complaint, since the time of the DUI incident, demonstrates further that he is fit for the occupation and that he has rehabilitated himself from the incident. R.C.L. ' Exhibit 1, the renewal application for 2001, contains a boilerplate attestation that an applicant has read and understands the requirements of Chapter 376.16. Setting aside the fact that there is no evidence regarding whether such an attestation was made in 2000, the ALJ accepts as true the ApplicanYs testimony that he thought he understood the appiicable ru�es when he signed the form, and that he had read the rules once but did not remember the obligation to report on himseif. 5 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINISTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MN 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the Taxicab OAH Docket No. 7-6020-14612-3 Driver's License Application of Wayne L. Ellis Mary Osborn, certifies that on the 25th day of January, 2002, she served a true and correct copy of the attached Findings of Fact, Conclusions and Recommendation; by placing it in the United States mail with postage prepaid, addressed to the following individuals: Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota, 55102 Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, Minnesota 55102 Clark Thurn Attorney at Law 1959 Sloan Place, Suite 110 Maplewood, Minnesota 55117 OFFTCE OF THE CITY ATTORNEY Clnyton M. Robirssors, Jr., CityAttorney CITY OF SAINT PAt��= C�- �,' `-'-' av,r o;v�s,on NormColemon,May�or q'^,' n^ `.,,", JL 400CiryHal! Telephone:65I2668710 U ISWestKello Blvd Facsimile:651298-56l9 �� .c� L�� SS Sairtt Pau{ hfinnesota 55102 � _ �," __ i3ovember 19, 2001 NOTICE OF HEARING Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Ellis: Please take notice that a hearing will be held at the following time, date and place concerning your taxic�b license renewal application: �'a �� t��" � Date: Friday, December 28, 2001 �/� ,� \ Time: 9:30 a.m. � � Place: Room 41 � � �,� , �� St. Paul City Hall /�� 15 W. Kellogg Blvd. � St. Paul, MN. 55102 The hearing ill be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: - Name: Richard C. Luis OfFce of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings conceming licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, denial, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your taxicab license renewal application as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is not eligible to be licensed to operate a ta�cab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of Alcohol. Your driver's license record shows that you were convicted in October of 1999 for such an offense. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 1457 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony frbm persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing the Judge will prepare Findings ofFact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation far Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearin�, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 If you have any questions, you can call me at 266-8710. Very truly yours, ✓ L<.' ��Gi-I'�� , Virginia D. Palmer Assistant City Attorney cc: DianeNordstrom, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich Jents, LIEP Notice of Hearing - Page 3 OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF TFIE CITY OF SAINT PAUL In Re the Tasicab Driver's License Application of Wayne I,owell Ellis CITY'S PROPOSED EXfIIBTTS Aecember 28, 2001 TO: Judge Richazd C. Luis, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes alist ofthe City's proposed exhibits forthe Administrative Hearing on December 28, 2001. Exhibit No. Exh. No. l Exh. No. 2 Exh. No. 3 Exh. No. 4 E�. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description Tasicab Driver - Renewal License Application, dated September 21, 2001 with copy of Minnesota Driver's License (2 pp.); License information (4 pp.); Print out of State Record Check (1 p.); D.P.S. Driver License Commercial Inquiry, dated October 30, 3001 (1 p.); Certified copy of Ramsey County Court recard, case number 62-TS-99-081618 � PP•); Notice Of Intent To Deny Renewal Application, dated November 2, 2001, with Affidavit Of Service (3 pp.); Letter from Wayne Ellis to Virginia Palmer, dated November 14, 2001 (2 pp.); Notice of Hearing, dated November 19, 2001, with Affidavit of Service (4 pp.); Letter from Clark Thurn to Virginia Palmer, dated December 7, 2001 (1 p.)_ Aiso attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 St. Paul Legislarive Code § 376.16 Respectfully submitted this 28th day of December, 2001. � �� Virginia(� . Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 TAXICAB DRIVER - renewai LiCENSE APPLICATION T:IIS A�'PLICATIOti IS SUBTECT TO REVIEW BY T:iE PLBLIC PLEASE TYPE OR PRIP IT liv INK LICENSES ARE NOT TRAA�iSFERABLE PAY�NT MUST BE RECEIVED �VITH EACH APPLICATIO\ Licensee Information: CITY OF SA�'T PAUL OtTice of License, Inspecnons and En�ironmental Protection jSO SL 7C.C. SL S WF SW $va: oyil. MiMaou 3510� f651)266-9090 iax(65q'_66-91_. .�.: . ,{:--. " - - . . ...� ` . _ .. . . Name and Title: E,"�" �� t U�-t> � � C "°s i"> Fiai Middle (Maiden) Last Titlz Home Address: �� .� ��= : �,n _ �: ��j -,.�J�... . � __ �� . . �=,.. � - . rY" T' � T•`1..r; - � .r Lt t E ' Statz Z� 4 Street(�,Name,Type,Direction) City _ p Mail To Address (if different than home address): '3 i= i '✓ "� -• i� ` i� (°� ''k `� �- i �-i-��° i i�! �2 `�t�r; Street (m, Name, Typt, Dicec[ion) Ciry � S�a�e Z�P�� Home Phone: (i� .�ir€.�. �=� �'( � [' � DateofBirth: "1t=!>�!�%=f PlaceofBirth: �"v- � �3;_�" �`. T�t t":� Driver'sLicense # , (:..;y�`;�,;�;.; - = . � , � }V',",.�''i"��::��"��TE (::�' � � Exp. Date , j , ? .' : , f �' c �' _' - - . . Name and Address of cab company you will be driving for ANY FAi,SIFICATION OF ANSWERS GIVEN OR VIATERIAL SUB�IITTED WILL RESULT IY DENIAL OF THIS APPLICATION I hereby sta[e tha[ I have answered all of che preceding questions, and thaY the information contained hzrzin is true and wrrect to the bes[ of my knowled�e andbelief. I hereby state further that I have received no money or other consideration, by way of loan, gift, contribution, or othenvise, o[her ihan already disclosed in the application which I herewiih submitted. I also hereby state that I have read and understand the rules and regulations set foRh in Chapter 376.16 (Taxicab Driver's License of the Saint Paul Le�islative Code). Signature (REQUIRED for all Preferred methods of communication from this office (please ruilc in order of preference -"1" is most preferred): )�-�%: Da[e Phone Number with acea code: ( `�i'. �. � ) �=� ' :- s � � Estension (Circle the rype of phone number you have listed above: Business Aome Cell ; Fa�a�er Phone Number with area code: ( ) Extension (Circle the type of phone number you have listed above: Business Home Cel1 Fax Pager � Mail: (Y, Name, Type, Direction) City Sta[e Intemet: Address � _ Application of Wayne Ellis _ City s Exh. No. 1 S� � n m � � �� i i 1, ; , f �_ L'icense Group Comments Text Licensee: yyqYNE ELLIS OB/a= WAYNE ELL1S License #: 0033801 �0/05/200� To CAO forpossible adverse action based on record check. CAR See Complaint #183423 2/6/98 Mailed notice of license suspension IettedJL 1070M200 ; � _ Application of Wayne Ellis �, City's Exh. No. 2 Atltlress � Licensee Cartact I V�� mqer j . Las[ Name. Fvs[ Name: AYNE Tdle Streel C r Sireel Name: Street �� <Alb Direction: �Alb Unrt # r Crt�L Wb Bus PFwne #. �� Home Phorre i: � � Last? Fest' Tdie:; sne = 5[re D_�ire Un¢= .4"�v`X'1:':.'�£aNFA...-:9?iRSa�r+�..ium3eel OBA ;NAYNEqIIC 4.icense ' Licensee � Lic. Types � truurance l Bontl � Requremerds l .�` Pmperty Y' Licensee f Urmfficisl —_—_— � Prqe� Fan7M1ffior. M4FTHVS, COftINNE Street # 577 Ativerse Action Carvnerds � lreet Name' LES � ' Sireet Type AYE D"vectian: �— Und Irxi. �— � �..n r �— i� s�e ' vVarct 3 Dis[ Caunc�: licensee DBA: ' Sales Tax Itl: —� I¢: SS7U4 a� aus BusPhone:� �2 � 10Atll: record rneck. CPR rwtice ot license suspension IettaA� Licensee Commetilx License # lasf j F'vs[: * Tdle. �cense Stre; Licensee Name: Strea DBA Stre Sales T� Id: 9.4 Gordract Rec' DiraK AA Fee Collectetl: Unrt Qly.� V�nsee AYf� R i K � DBA YNE HlIS Licensee � Uw Types � Inswarce � Baid � RequFemerds � AYNE EWS AYNE EWS !A pq�-Prpf'�; � WOYker'S CAm(x NOA000 d N000 AA Trein�ng Ru'B NS��U NUW Dimourt Rec'd r ""'" ___ . _. _. _... Other OSK30I199�09fPR00 Other _ DaU0q00d08l30l199 8eck9rourM Cix�ck Requlretl � cense # 3807 sLtiw,.�....=i t5'„-'d'�" ' WAYNE TFW DPoVER __""'_"_"-" '"__ '_ ____ `_ ___�'_'_.�— _ '_ �/VAYNE � v`;' "��.?:.,��,�*':�t"'��^z^d«�w' :,,,,:�. �� ! M�ITOCaritad "_ '. r"'�LicrosePddress - l65�� -Mal Invaice Ta: — �' Ma7 To CoMad 4' License Atltlress ,j _ Application of Wayne Ellis _ City s Exh. No. 3 T:'.4.i:k:��¢n. ,_. ,._ �' ---' l!s" " " '__ :'�H'r __'_.-__ i� „Iit_n��.._ ._. r... 'i""°_' ,a.1 r ._ _ . i .- . .. �. _ a . ._ .. _ L:F:I• :I?I .... .. .. '�'_ __ .:__.. �..._i —_.. �f�_�. _ni_li:y:_:a _... _�._ _.. _..� ..� ......�_ ___ __.JC� ! '-.... -�-._ =t _... ____ ______ _ `_._ _.. _.._ _.._v_—_____.. __ _ _. _ _ . ___ ____ ...___ __ _�_... _ .. -:.y�= +__ - �•:r — _ ___— _ - _ _ — .. � :.�':�:� : � ' �: : _ '_ _ " _ : n.'� ' __ " _ �_ '___" __ ' '_,_ __ :: _,.�,...._._.. ..'s' _ ___"..' '_ .__ .n. ..� �. • . 1� :":tl-_.. � c a i/'✓ _�.�__.> _'_ ___t_> _'� __ __ . _ . ._ .i. __ —". _..` "�� __`__/.vt_i_'. _":'_ .._ _ . . !:'t..1:".._ Lrt_�: :J:`i�1Ch� .._ _... �_C:ti�C ..._ ,. __� ��S' .: �`!� .f. . _....-t: i�: . . ,.f1W ._�. ... ..�__v' "' rc�.i��;i',i:a[_ _F.Rr�3 �. ' .:. _ ' jii��.._ !_L�ivtll...__Ii`:j til' Ci� .—..'�i._ !i' -..� '`t�T _. �"ri_:5�� - er enew �cense Application of �Vavne Ellis _ — City's Exh.1V�o. 4 Criminal Case Summary SD1008.0/011220:08430700 62-TS-99-081618 Drivina Intoxicated nate filed• 10/08/1999 Name: ELLIS, WAYNE LOWELL, [3/100799] Alias• DOB: 11/23/1943 Sex: Dfnt Attrny: CONNIE S. IVERSEN ?'� e; Public Def Dfnt Status: Other Status Date: 1�/7-9/1999 Bail Amount: Case Status CLOSED Offense Date: Location: 1 Continuances: 0 Trial CCT Plea Charge 001 GUILTY . DWI MISD 002 NOT GIIILTY . OVER .10 <.20 MI ��3 N�T GIIILTY . OVER 10% BAC W/I Date Activity Last 10/28/1999 Closed Pending 04/28/2010 Archive Disposition Date 10/28/1999 Next Time 5:30 10/07/1999 Warrant Date: Type: Jurisdiction: Chap/Sect/Subd GOC UOC 169.121 lA3B 169.121 1D3B N 169.121 1E38 Judge FC— 04 06 08 10 District Verdict Guilty Dismissed Dismissed CRTRM C-`�,i�!ici'aY.LliiiCv °GtaS,D;;tttctCo�i:Admin'ssir2for, ';�? sey �o�r::v, Slaie e? �inr.:2so'ca, does t�ereby � ce;�;'ry ::,,e!E<v �ita��.ed iastr4,��e�� is a?;ue 8^G CO�reCi CL��V C? fhB Ofly;r3; fitl #ii8 flP.� Qf 6GC�';3�;!: iTiy� Q�:Cc. +�=;�� n,� ay �fr�za� Lr�.RicL�t�.� �Ci �,. �Qisfri�EGourtAd�tinisiratoi / _ Application of Wayne Ellis � City s Exh. No. 5 iYU. Dsa:.Ry SD1019.0/011220:08430016 Activity Summary First 62-T5-99-081618 Drivinv Intoxicated nate filed: 10/08/1999 The State of Minnesota CrtRm Intro Ch45 Cont SrvcDate _ 10/08/99 _ 10/08/99 _ 10/19/99 _ 10/28/99 _ 10/28/99 _ 10/28/99 CSSfl �11EQ Vb:Sj U6:j3 Arraigmm�t 08:30 L Cohen ADC PD APPT; PNG; FC:TDC 10-28-99 lOAM BASTIAN CH; BSA CR/PR OR $500. Order 09:13 ORDER SETT2NG DISPO CONF/OA AIQD ORDER TO REPORT FILED Order 08:29 L Cohen ORDER OF CONDITIONAL RELEASE SIGNED BY JUDGE Sentencing 09:00 G Bastian CH CR/PR - PG CT1-CTS 2& 3 DM/CA; 30DYS &$300 SS 1)$50/FS; 2)LA/NO SS; 3)CE/COMPLY; 4)MADD; 5)NO DRIVG; 6)NO DL/INS VIOL; P/A $50/FS Doc. Filed 11:16 PETITION TO ENTER PLEA OF GUILTY IN A MISD CASE Pd in Full 11:35 CASH $50+25+5 BJM _ 10/28/99 Closed 05:30 ______________________________Pending Activities =_________________ 04/28/10 Archive DB DB MFU PB 2YRS; DRNK PM PM SD1009.0/011220:08430925 Criminal Sentencing Inquiry Last 62-T5-99-081618 Drivina Intoxicated nate filed• 10/08/1999 Defendant: ELLIS, WAYNE LOWELL, [3/1007997 SENTENCING: Date- Judge-� Stay Imposition: COL7NT5 : 0 01 SENTENCE Year Mos Davs Pronounced 30 Probation ? — Conditional — Lenath of Stav ? _ OR Fined $ 300.00 Surcharpe $ 30.00 Costs $ 0.00 Public Def. $ 0.00 Restitution S 0.00 Probn Agt CT SVS DL Suspend: Confinement Probation Residential Staved $ 250.00_ NCIC: NCIG MN062013G T� S Treatment: This Other Cmnlnt Cmpint Concurrent Fine Suspended: Consecutive – – Other Court Provisions: 570 545 544 Reinstated: School • Date- ! CONIMENTS: 1)$50/FS ;2)LA/NO SS; 3)CE/COMPLY; � 6)NO DL/INS VIOL; P/A $50/FS - NTV Next FC— O1 02 03 Alchl Assess: $ Waived 4)MADD; 5)NO DRINK/DRVG; CE FEE; PM 06 07 08 09 12 • CITY OF SAINT PAUL Norm Coleman, Ma}�or November 2, 2001 OFFICE�THE CITY ATTORNEY Clny4ors �L insoa, Jr., City Anorney� Civi[Dirision 400 Ciry Hal[ IS VYest Kellogg B[vd. Snint Pnul, Minrtesot¢ 5510? Telephone: 65! 266-87l0 Facsimile: 65! 298-�619 NOTICE OF INTENT TO DENY RENEWAL APPLICATION Wayne Lowell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Ellis: The Office of License, Inspections and Environmental Protection has recommended adverse action against the taxicab driver license held by you in Saint Paul. The basis for the recommendation is as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is uot eligible to be licensed to operate a taxicab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of AlcohoL Your driver's license record shows that you were convicted in October of 1999 for such an offense. If you do not dispute the above facts, you may withdraw your renewal application at this time. Alternatively, 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 renewal application, you will need to send me a letter admitting the violation and requesting a public hearing. The matter will then be scheduled for a public hearing before the City Council to determine the disposition of your license renewal application. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. The recommendation of the licensing office is for the denial of your license renewal application. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Jud�e (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze 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 hearin� will be. � er en � a icense _ Application of `Vayne Ellis _ City's Exh. No. 6 Page 2 � Wayne Lowell Ellis November 2, 2001 • If you have not contacted me by Tuesday, November 13, 2001, 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 allowed and the recommended denial of your license renewal application will be imposed. If you have any questions, feel free to contact me at 266-8710. Sincerely, L� u �� V� � � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Rich Jents, LIEP �J CITY OF SAINT PAUL Norm Coleman, May�or November 19, 2001 NOTICE OF HEARING Wayne I.owell Ellis 3721 Reservoir Blvd. Columbia Heights, Minnesota 55421 RE: Taxicab Driver License in Saint Paul Dear Mr. Bllis: OFFIC�F THE CITY ATTORNEY Clayton binson, Jc, Ciry Aftorney Civil Division 400 Ciry Hall IS Wes� Kellogg Blvd. Sain! Paul, Minnetola SJl02 Telephone: 65! 166-8710 Pacsimile: 651 198-5619 Please take notice that a hearing will be held at the following time, date and place conceming your taxicab license renewal appiication: - -- Date: Friday, December 28, 2001 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. SS401 Telephone: 612-349-2542 The Council of the City of Saint Paul has the authority to provide for hearings concerning licenses and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, denial, suspension, fines and other penalties or conditions. � ca ri�er enewa ecense _ Application of Wayne Ellis _ City's E�a. No. 8 Evidence will be present�o the judge which may lead to adve�action against your taacicab license renewal application as follows: Saint Paul Legislative Code §376.16(e)(5) requires that a person is not eligible to be licensed to operate a taxicab in Saint Paul if they have a conviction in the last three (3) years for Driving Under the Influence of Alcohol. Your driver's license record shows that you were convicted in October of 1999 for such an offense. You have the right to be represented by an attorney before and durin� the hearin� or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony frbm persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, piease contact or have your attomey contact the undersigned. If a stipulation or a�eement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Notice of Hearing - Page 2 �7'�r�i7ir�•It i — --- --------- - I- _ /�° ,� G � z ` i _ ��X . _ 11��-�_ _??i '-- -- � r� r s `� - -.__it_-�.�!_-vf --� 8 C''-- - �- F'� e`.Q'Q-- - '— — --- �- ------ — - _ �5_��_ �._ _$�_C�I�E�- ` �� -�.�-��,-�--- !- --- -�a�� _5�-ta.a_ --- ----- . --Cl�-�-T-�'Ot�NE-l�-- -- -- -.��--- - --- ------ — -- - - � ---- `�'`�-�---- , � —��.- -- ----�� -- ' c�.� --.��--�.�.�_. , -- _--��-� _��- � _ ---� -�-�-�-=�-�--�--�= � -�iu-��---- , ; i - �.�–G.r-�---'��c'i— �1 ZFCC,L.G-C� � �' � --�' �L _.CL J"��-1� _ --- --- --_-- ,-. / ` �/ / I -- l�.! J / /J .. .�� . � . � _ � ...' � � /AJ �%-/ �-0-✓-^_�`.G>-/'-�i� �� "�+',-`i"�-- l `-'-��_ _'_ -• f �--'E/�1�—�'� � / 1 _-�"i�2��!Ge! �'�. � / i _„�(� �i/Z� --�.C��G.P.� �'� � - �z-e'- -��/ G'c�cL��;� a � - _ Application of Wayne Ellis _ City's Exh. No. 7 2 _, � � .� -- l.�J - �._S=_�ti � � --- -- - � ��., � -�< .-- - ��< _ .._- -- - � --- ---_ -� ----- -- - --- -- -- - - i -- - - -� - - - - -- - --- I-- - - - �.�0 �-- ------- -��'--- `�-�-�� - 3�