04-994Council File # � / � � �/ �f
Green Sheet # 3 d� �
RESOLUTION
CITY OF SA1NT PAUL, MINNESOTA
i
PItESENTED BY
REF'ERRED TO
CO-�'L�YITTEE: DATE
1
z WHEREAS, adverse action was initiated against the application for renewal of a Saint
s Paul Taxicab Driver's license submitted by Jeffrey A. Mazusich (License ID No # 20030005085)
4 for the City of Saint Paul by Notice of Violation dated September 28, 2004, alleging an arrest for
s fifth degree possession of a controlled substance; and
s
v WHEREAS, the licensee did not respond to the Notice of Violation to contest the
a allegation; and
s
io WHEREAS, the Notice of Violation stated that if the licensee failed to challenge the
ii denial by October 7, 2004, that the matter would be placed on the consent agenda to impose the
iz recommended nenalty; now, therefore, be it
13
i4 RESOLVED, that the application for renewal of a Saint Faul Taacicab Driver's iicense
is submitted by Jeffrey A. Marusich be denied as recommended by the Office of LIEP.
o� 9�y
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartrnenUoffice/councii: Datelnitiated:
�P -L:���a�a.�n�o� „-�T-� Green Sheet NO: 3023363
Contact Person & Phone: ��artment Sent To Person InftiaVDate
Virginia Palmer � 0 "ce n' Pr
PsSign 1 icens 'on(En' onPro tDirector
Must Be on Council Agenda by (Date): Number y • A
c6NSE�lT Fo.
RoUfing 3 a or's O�ce bfa or/ ' tant
Order 4 ouncil
5 i Clerk Cit CI k
7otal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the resoluGon to take adverse action against the taxicab driver's ticense renewal application submitted by Jeffrey A.
Marusich (License ID# 20030005085) for the premises located at 1730 Helena Street North in Oakdale.
fiecommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
Pianning Commission t. Has this persoNfirm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this peron/firm possess a skill not normally passessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
� Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why):
A criminal history check shows an arrest for fifth dea ee possession of a controlled substance from November 28, 2003. Saint Paul
Leoislative Code Section 376.16 (e) (4) prohibits the issuance of a license to an individual who has been arrested possessing a
controlled substance within three yeazs of application.
AdvantageslfApproved:
Disadvantages If Approved:
RECEIVED
OCT �r n�
��
Disativantages If Not Approved: RAhF
�ef,-„UR�� OFF,CE
Total Amount of CosURevenue Budgeted: -
Transaction: . ^,,,, ���� Q
Funding Source: Activity Number: � � Yi�g(
Financiailnformation: O^ � �
(Expiain) �' 3 2fl04
�
0�- 99y
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
September 28, 2004
OFFICE �r THE CITY ATTORNEY
Martue! J. Cervarstes, Ciry Attorney
CivilDivision
400 Ciry Hnl!
/S Wut Kel/ogg Bh•d.
Saint Pa�d, bfinnesom 55101
Telephone: 651266-87I0
Fncsimile: 65f 298-5619
NOTICE OF INTENT TO DENY RENEWAL LICENSE APPLICATION
Jeffrey A. Marusich
1730 Helena Street North
Oakdale, MN 55128
RE: Application for Renewal of a Saint Paul Taxicab Driver's License
License ID # 20030005085
Deaz Mr. Marusich:
The Office of License, Tnspection and Environmental Protection has recommended denial
of the taxicab driver's license renewal application you submitted. The basis for the
recommendation is as foilows:
On November 28, 2003, a State Trooper observed you refuse
to yield to allow him to stop on the shoulder to process a driver
stopped for speeding. There was a drug interdiction unit
working on that evening, and they tested your driver's license
for drug residue and it tested positive for cocaine. During a
search of your vehicle, drug paraphernalia consistent with
crack cocaine use was found, the air analysis was positive for
high levels of cocaine, and a drug dog gave a positive indication
of drug presence in the glove box area. You were arrested for
fifth degree possession of a controlled substance.
Pursuant to Saint Paul Legislative Code §310.06(b)(10), adverse
action, including denial of a license, can be taken against a person
who shows by past conduct such evidence of drug abuse that would
indicated that such licensee is not a person of good moral character or
fitness required to engage in the licensed activity or profession. The
Office of LIEP believes that the use of an illegal substance while driving
is directly related to the occupation as a taxicab driver and that the possession
of the controlled substance in the circumstances detailed above are an adequate
reason to recommend denial of your renewal application.
pp-ADA-EEO Employer
•Jeffrey A. Marusich
September 28, 2004
Page 2
At this tune you have two options on how to proceed:
D� 99�
1. If you do not dispute the above facts and do not wish to challenge the denial, you can
withdraw your appiication for renewal of your license. If this is your choice, you should
send the letter directly to the Office of License, Inspections and Environmental Protection,
Room 300 Lowry Professional Building, 350 Saint Peter Street, Saint Paul, Minnesota
55102. The letter should be directed to Reid Soley.
2. If you do dispute the above facts, or wish to present evidence that the conviction is not
related to your license as a cabdriver, or that you have been rehabilitated pursuant to Minn.
Stat. §364.01 et seq, a hearing will be scheduled before an Administrative Law Judge. At
that hearing both you and the City will be abie to appear and present witnesses, evidence and
cross-examine the other's wimesses. The St. Paul City Council will ultimately decide the
case. If this is your choice, please advise me by letter and my legal assistant, Julie Kraus,
will take the necessary steps to schedule the administrative hearin�. We will then notify you
of the time, date and place of the hearing.
If we have not heard from you by Thursday, October 7, 2004 we will assume that you
do not contest the facts and will schedule this matter for the St. Paul City Council and have
it placed on the Consent Agenda during which no public discussion is allowed and the.
recommended penalty� off denial of your license will be imposed.
Sincerely,
�� ��zw
Virginia . Palmer
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
Reid Soley, LIEP
AA-ADA-EEO Employer
v�- 99�
STATE OF NIINNESOTA )
) ss. AFFIDAVIT OF SERVICE BY U.S. MAII,
COLTNTY OF RAMSEY )
MEGHAN McGIVERN, being first duly sworn, deposes and says that on September 28,
2004, she served the attached NOTICE OF INTENT TO DENY RENEWAL LICENSE
APPLICATION by placing a true and correct copy thereof in an envelope addressed as follows:
Jeffrey A. Marusich
1730 Helena Street North
Oakdale, MN 55128
(which is the last known address of said person) depositing the same, with postage prepaid,
in the United States maii at St. Paul, Minnesota.
I
� �.) .I_;r_ �� ./_ . � _
� :
Subscribed and sworn to before me
this 28th day of September, 2004.
,aavN� c ��a�rrrs
NOTARYPUBUC-MINNESOTA
MY COMMISSION
,�+ EXP4RES JAN 31.2W5