02-7500 2rlS�
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RESOLUTION
CITY OF SAINT PAUL, NIINNESOTA
Council File #
Presented By
Refened To
GreenSheet# 4033R4
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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
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ust be on Council Agenda: �^ IIDGET DIR%Ci'OR IN. & MGT. SVC. DIR.
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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)
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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
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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
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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,
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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
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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
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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:
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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.
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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.
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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