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02-7500 2rlS� �RIG1��A� RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Council File # Presented By Refened To GreenSheet# 4033R4 �� Committee: Date RESOLVED, that the taxicab driver license application by Otis D. Taylor is hereby denied, based upon his prior criminal convictions which disqualify tiim from being licensed pursuant to Saint Paul Legjslative Code §376.16(e)(4). FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated June 5, 2002 are 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 AL7, inciuding the hearing on May 3, 2002, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALJ as referenced above and the deliberations of the Council in open session at the public hearing on July 24, 2002. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Applicant. . OFFICE oF LIEP July 2002 GREEN SHEET Roger Curtis, Director 266-9013 NO . 4 0 3 3 8 3 q EPAATNE. CPP DSRE(:Tp �_ ZTY CO➢NCb � ITY AIRVRNi+Y ITY CLERR x�arv ust be on Council Agenda: �^ IIDGET DIR%Ci'OR IN. & MGT. SVC. DIR. � ugust 21, 2002 consent 3 YOR <OR ASSISTANT) AT+ # OF SIGNATURTs PAGES 1 (CLIP ALL LOCATIONS FOR 5IGNATURE) CTION REQUESTED: hat the taxicab driver license application by Otis D. Taylor be denied and that the findings of fact and conclusions of law contained in the ALJ Report in this case dated June 5, 2002 are adopted as the written findings and conclusion of the Council in this matter. ECONSfENDATIONS: APPROVE (A) OR REJECT (R) ERSONAL SERVICS CONTRACTS M[fST ANSD7ER TRE POLLOW2TIG: PLANNING COMMISSION CIVIL SERVICE l. Has the person/firm ever worked under a contract for this department? COMMISSION YES NO Has this person/Yirm ever been a City employee? CIB COMMITTEE BUSINESS REVIEW YES NO COUNCIi. Does this person/fixm possess a skill not normally possessed by any Current City employee? Board Of Zoning _ DISTRICT WUNCIL YES NO laia all YE3 answers on a seaarate sheet and attach. Appeals UPPORTS WHICH COUNCIL O&TECTIVE? INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): r. Tayl,or has prior criminal convictions which disqualify him from being licensed pursuant to Saint Paul Legislative Code §376(e)(4). ALJ Hearing May 3, 2002 denied license. VANTAGES IF APPROVED: ISADVANTAGES IF APPROVED: ISADVANTAGES IF NOT APPROVED: OTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED YES N UNDING SOURCE ACTIVITY NUMBER INZ�NCIAL INFORMATION: (EXPLAIN) s r > ,�U� 3124�2 __> oz-�sv OFFICE OF THE CITY ATTORNEY ManuelJ.Cervantvs,CityA[[orney �� CITY OF SAINT PAUL cr�rDr,�s;on R¢ndy C. Kelly, Mayor 400 Cig� Hall IS Wes7 Kellogg B/vd. Saint Paul, Minnesata S.i101 i JUIIe 2$, 2��2 NOTICE OF COUNCIL HEARING Otis D. Taylor 995 Beech Street Saint Paul, Minnesota 55106 RE: Application for a Saint Paul Ta�cicab Driver's License Dear Mr. Taylor: Telephone: 65I 266-8710 Facsimile: 651298-5619 � � a ""'_ '�"r� I � , ��ay 1oa-= Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned violation has been scheduled for 5:30 p.m., Wednesday, July 24, 2002, in the City Council Chambers, Third Floor, Saint Paul City 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 azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, �� �/.��'� � �-P..�.�-, Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Rich 3ents, LIEP AA-ADA-EEO Employer � oL•'►5a 11-6020-14866-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL in the Matter of the Taxicab Driver's License Application of Otis D, Taylor FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Barbara L. Neilson, serving as Hearing Offcer for the St. Paul City Council, on May 3o, 2002, at 9:30 a.m. in Room 220 of the St. Paul City Hall. The record closed at the end of the hearing. Virginia D. Paimer, Assistani City Attorney, 400 City Hail, 15 W. Kellogg Blvd., St. Paul, Minnesota 55102, appeared on behalf of the City's Office of License, Inspections and Environmental Protection ("LIEP"). There was no appearance by or on behalf of the App{icant, Otis D. Taylor, 995 Beech Street, St. Paul, Minnesota 55106. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council wi11 make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conciusions, and Recommendation. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council wili provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. The parties should contact the St. Pauf City Council to determine ihe procedure for presenting argument. STATEMENT OF ISSUE The issue presented in this case is whether Mr. Taylor's application for a taxicab driver's ficense should be denied under section 376.16(e)(4) of the St. Paul Legislative Code because he has had felony convictions within the last five years and non-traffic gross misdemeanor or misdemeanor convictions within the last three years involving the use of or threat of use of force. Based upon all the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. The Applicant, Otis D. Taylor, applied for a taxicab driver's license with the City on December 31, 2001. The application states that applicants must present at tne nz�� time of the application a valid State of Minnesota driver's license and a record check obtained from the Bureau of Crimina! Apprehension. Ex. 1. 2- By letter dated Apri{ 1, 2002, the City's O�ce of License, Inspection and Environmental Protecfion notified the Applicant that it had recommended denial of his taxicab driver's iicense application because the criminal history check showed convictions for felony domestic assault from July of 1998, misdemeanor domestic assault from July of 2000, and gross misdemeanor assaulf from May of 2001. The letter informed the Applicant that, if he disputed these facts, he couid request an evidentiary hearing before an Administrative Law Judge. Ex. 8. The Applicant apparentiy requested such a hearing. 3. Exhibits filed by the City during the hearing demonstrate that the Applicant has been convicted of the following crimes: felony domestic assault under Minn. Stat. § E09.2242, subd. 4, for an incident tha: occurred on July 10, 1998 (Ex.s. 2, 3); assault in the third degree inflicting substantial bodily harm under Minn. Stat. § 609.223, subd. 1, described on court documents as a feiony, for an incident that occurred on January 21, 1999 (Exs. 4, 5); and gross misdemeanor domestic assault under Minn. Stat. § 609.224, subd. 2, for an incident that occurred on January 17, 2001 (Exs. 6, 7). All of these incidents involved the use of force and the infliction of injuries. 4. The Notice of Hearing in this case was served upon the Applicant, Otis D. Tayior, via maii on April 25, 2002, at 995 Beech Street, St. Paul, MN 55106, his last known address on file with the City. The Notice was not returned to the City. Ex. 9. 5. The Notice of Hearing contained the following {anguage: "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." Ex.9. 6. The Notice of Hearing schedufed the hearing for May 30, 2002. Ex. 9. 7. The Applicant did not fi{e any Notice of Appearance with the Administrative Law Judge or make any request prior to the hearing for a continuance or any other refief. The Applicant did not personally appear at the hearing in this matter scheduled for May 30, 2002, or have an appearance made on his behalf. 8. Because the Applicant failed to appear at the hearing in this matter, he is in default. As a result of that default, he has forfeited his ability to challenge the allegations against him specified in the Notice of Hearing �vhich resulted in the recommendation to deny his license application, and the allegations contained in the Notice of Hearing may be taken as true and incorporated into these Findings of Fact. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: z 0 L-7S� CONCLUSfONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and Sections 310.05, 310.06 and 376.16 of the St. Paul Legislative Code. 2. The City of St. Paul has given proper notice of the hearing in this matter in accordance with the requirements set forth in Section 310.05 of the Legislative Code of the City of St. Paul and has otherwise fulfilled a!I selevant substantive and procedural requirements of law and rule. 3. The App4icant in this matter bears the burden of proving by a preponderance of the evidence that the license should be issued. 4. Section 376.16(e)(4) of the Saint Paul Legislative Code provides that, in order to be eligible for licensure to operate a taxicab, the applicant: Shall have no felony convictions in the last five (5) years; shall have no nontra�c gross misdemeanor or misdemeanor convictions in the last three (3) years involving the use or threat of use of force.... The license inspector may grant, pursuant to state statute, an exception to the above provisions upon evidence that the offense is not related to the occupation of taxicab driver. ... 5. Chapter 364 of the Minnesota Statutes generally permits individuals with criminal records who are seeking to obtain a particular license to show that the crimes of which they were convicted do not directly refate to the occupation for which the license is sought or provide competent evidence of sufficient rehabilitafion and present fitness to perform the occupation. See Minn. Stat. § 364.01, 364.03. Because the Applicant failed to appear at the hearing, no evidence of rehabilitation or of present fitness was provided for consideration. Moreover, Minn. Stat. § 364.09 specifies that Chapter 364 does not apply "to the licensing by political subdivisions of taxicab drivers, if the applicant for the license has been discharged from sentence for a conviction within the ten years immediately preceding application of a violation of ... section ... 609.221 to 609.223. ..." Because the Applicant in the present case was convicted in 1999 of a violation of section 609,223, subd. 1, and was discharged from his sentence for that conviction in Chapter 364 does not apply to the City's licensing process in this instance. 6. The Applicant, having made no appearance at the hearing, and not requesting any continuance or relief, is in default. As a resulf, the allegations contained in the Notice of Hearing are hereby taken as true. 7. Because the Applicant has had felony convictions within the last five years and non-traffic gross misdemeanor or misdemeanor convictions wifhin the last three years involving the use of or threat of use of force, his application for a taxicab driver's license should be denied under section 376.16(e)(4) of the St. Paul Legislative Code. � D 2• 7 SD Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED that the St. Paul City Council deny the application of Otis D. Taylor for a Taxicab Driver License. Dated: June 5, 2002 �.��.. � . ��..� 5-�-,., BARBARA L. NEILSON Administrative Law Judge Reported: Tape recorded (no transcript prepared). NOTICE Pursuant to Minn. Stat. § 14.62, subd. 1, the City is requested to serve its final decision upon each party and the Administrative Law Judge by first class mail. 4 c 2-7� Interdeparhnental Memorandum CITY OF SAINT PAUL DATE: July 24, 2002 TO: City Council President Dan Bostrom Councilmember 3erry Blakey Councilmember Chris Coleman Councilmember Patrick Harris Councilmember Jay Benanav Councilmember Jim Reiter Councilmember Kathy Lantry FROM: VirginiaPalmer "�� Assistant City Attomey RE: Council Agenda Item # 3� This matter is on before the council on the retum of an ALJ report, and involves a ta�cicab driver's license application by Otis D. Taylor. Mr. Taylor has a 1998 conviction for felony domestic assault; a 2000 misdemeanor conviction for domestic assault and a 2001 gross misdemeanor conviction for domestic assault. These disqualify him from licensure pursuant to Saint Paul Legislative Code §376.16(e)(4). Mr. Taylor requested a hearing before an ALJ, and a hearing was scheduled and he was given notice of the date, time and place of the hearing. He failed to appear, or to contact the City Attomey's Office or the ALJ. The Administrative Law Judge issued Findings of Fact, Conclusions and a Recommendation that the application by Mr. Taylor be denied. �The Office of LIEP is asking that you adopt the report of the ALJ in its entirety and accept the recommendation, denying the license. AA-ADA-EEO Employer