08-1309coun�il File # 08�
Green Sheet # 3 (� ( �{ 5 �j
m
Presented by
RESOLUTIOIV
NT PAUL, MINNESOTA
�
1 WHEREAS, David A. McIntosh (License ID # 20000003794) (hereinafter "licensee") has applied
2 for a Tasicab Driver's License and received an Notice of Intent to Deny dated 5eptember 5, 2008; and
4 WHEREAS, the Notice alleged that licensee was ineligible for a license due to a Apri13, 2008
5 misdemeanor conviction for engaging in prostitution; and
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WHEREAS, licensee requested a hearing before an Administrative Law Judge; and
9 WHEREAS, licensee was given notice and a hearing was held before an Administrative Law Judge
10 on October 2, 2008, at which licensee failed to appear and at which the City introduced evidence that the
11 conviction is related to the occupation of a taxicab driver and that licensee is still on probation for the
12 offense;and
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14 WHEREAS, the Administrative Law Judge issued a Report on October 27, 2008, in which the
15 Administrative Law Judge issued Findings of Fact, Conclusions of Law, a Recommendation and a
16 Memorandum; and
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WHEREAS, the Administrative Law Judge found that the City gave proper notice of the hearing
and that the City fulfilled all relevant substantive and procedural requirements that the licensee was in
default for failing to appeaz at the hearing; and
WHEREAS, the Administrative Law Judge also found that an individual is ineligible for a taxicab
driver's license if he has engaged in prostitution within three years preceding obtaining or renewing that
license;and
WHEREAS, the licensee was given notice that a public hearing would be held before the City
Council on November 19, 2008 at which time licensee would have an opporiunity to present oral or written
argument to the Council; and
WHEREAS, licensee did not file any exceptions to the report of the Administrative Law Judge; and
32 WHEREAS, at a public hearing on November 19, 2008, the Council of the City of Saint Paul
33 considered all the evidence contained in the record, the Administrative Law Judge's Findings of Fact,
34 Conclusions of Law, and Recommendations; now, therefore, be it
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36 RESOLVED, that the Council of the City of Saint Paul issues this decision based upon
37 consideration of the record of the entire proceedings herein, including the heazing before the
38 Administrative Law 7udge, ail the documents and exhibits introduced therein, the Findings of Fact,
39 Conclusions of Law and Recommendation as referenced above, and the deliberations of the council in
40 open session of that heazing; and be it
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42 FURTHER RESOLVED, that licensee's application for a ta�cicab driver's license is hereby denied;
43 and be it
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45 FINALLY RESOLVED, that the Findings of Fact, Conclusions of Law, and Recommendation of
46 the Administrative Law Judge in this matter are hereby adopted as the Findings and Conclusions of the
47 City Council in this matter.
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49 A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law 3udge and
50 to the license holder.
51
Yeas
Stark
Thune
Adopted by Council: Date �
Adoption Certified by Coun �1 Secretary
By:
Approv d y �i DaZe ' �J �
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By: Uli4�%!�l/�(��_1-{
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Requested by Deparhnent oL
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By: /`i��/
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Appzoved by the Office of Financial Services
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
a��l�0�i
�epartmenUOffice/Council: Date Initiated:
S � _Dept.ofSafety&Inspections 2,_NO„-0$ Green Sheet NO: 3064577
Contact Person & Phone:
Rachel Tiemey
26 6$710
Must Be on Councii Agenda by (Dal
03-DEC-0S ����,� a
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Document Contad: �ufie Kraus
ConWCt Phone: 2668776
� o eot of Safetv & Tnso�ons 0
1 e t of Safe & Ins ections Denarm�ent D"uecmr
��9° i 2 "riAttornev I --�
Number 3 voCsOSce I MaoodAssistan[
�For '
Routing 4 om�� � �-�
Order I 5 'ty Clerk I City Gietk
7otal # of Signature Pages _(Clip All Lowtions for SignaW re)
Memorializing City Council acdon taken on November 19, 2008, imposing adverse action against the Saint Paul Taxicab Driver
License held by David A. McIntosh (License ID#20000003794) for the Ciry of Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
_ _. CIB Committee
Civil Service Cammission
Personal Service Contrects Must Answer the Foliowing Questions:
1. Has this person(firm ever worked uader a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
cu`rent city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
A public hearing was held on November 19, 2008 to discuss the Administrative Law 7udge s Findings of Fact, Conchisions and
Recommendation submitted after the administrative hearing on October 3, 2008.
Ativantages If Approved:
Memorialization of Council action taken as a result of the public heazing.
Disadvantages If Approved:
None
Disadvantages If Not Approved:
No memorializafion of Council acrion taken as a result of the public hearing.
ToWt Amount of
Transaction:
Funding Source:
Financial Information:
(EXplain)
November 21. 2008 'I 1:47 AM
CostlRevenue Budgeted:
Activity Number:
Page 1
OFFICE OF THE CITY ATTORNEY
John Choi, CityAHomey
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sw�xr
PAUL CITY OF SAINT PAUL CivilDiv"rsion
� Chnstopher 8. Cofeman, Mayor 400 City Hall Te/ephone: 651 266-8710
15 West Kellogg 8/vd. Facsimile: 65l 298-5619
AAAA Saint Paui, Mrnnesota 55102
October 29, 2008
NOTICE OF COUNCIL HEARING
David A. McIntosh
1332 Dayton Avenue
St. Paul, MN 55104
RE: Saint Paul Taxicab Driver license held by David A. McIntosh for the City of Saint Paul
License ID#: 20000003794
Deaz Mr. McIntosh:
Please take notice that a public hearing to discuss the report of the Administrative Law Judge conceming
the above-mentioned license has been scheduled for Wednesday, November 19, 2008, at 5:30 p.m. 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 rime during normal
business hours. You may also present orai or written arguments 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 recard of the
proceedings before the Administrative Law Judge and on the azguments made and exceptions filed, but may
depart from the recommendations of such Judge as permitted by law in the exercise of its judgment and
discretion.
Sincerely,
�^ �
� ��
Rachel Tierney
Assistant City Attorney
cc: Diane Nordstrom, O�ce of Administrafive Hearings, P.O. Box 64620, St. Paul, MN 55164-0620
�ary Erickson, Council Secretary
Christine Rozek, Deputy Director of DST
Rich Jents, DSI
David A. McIntosh, 1333 Selby Avenue, St. Paul, MN 55104
AA-ADA-EEO Employer
b�' (�0�
MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS
600 North Robert Street
Saint Paul, Minnesota 55101
Mailing Address: Voice: (651) 361-7900
P o. sox �2o Z ��si� �ias�s
St. Paul, Minnesota 55164-0620 Fax: (651) 361-7936
October 27, 2008
Shari Moore - l�-Fs4�����
St. Paul City Clerk
290 City Hall '�� e �` ���;��
15 W Keilogg Blvd
St. Paul, MN 55102 �;� G��'(,�d�'�j'J����`r�,
Re: In the Matter of fhe Adverse Action against the Taxicab Driver
License held by David A. Mclntosh for the City of St. Paul
OAH Docket No. 61-6020-19902-3
Dear Ms. Moore:
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 enclosed is the official record, with the exception of the recording of the
hearing. If you would like a copy of that recording, please contact our office in writing or
by telephone at 651-361-7906. Our file in this matter is now closed.
Sincerely,
a�`1.1SA.�,., ,�'�.f.( l�
M. KEVIN SNELL
Administrative Law Judge
MKS:dsc
Enciosure
Telephone: (612) 370-0374
cc: Rachel Tierney
David A. Mcintosh
.
6�.��01
OAH 61-6�20-199�2-3
STATE OF MINNESOTA
OFFICE OF ADMINlS7RATIVE HEARINGS
FOR 7HE COUNCI� QF THE CITY OF SAINT PAUL
In the Matter of the Adverse Action agairist
the Taxicab Driver License held by David A.
Mclntosh for the City of St. Paul
FINDINGS OF FACT,
CONGLUSIONS AND
RECOMMENDATION
The above matter came on for hearing before Administrative Law Judge M. Kevin
Snell on October 3, 2008, at the Ramsey County Courthouse, 15 West Kellogg
Boulevard, St. Paul, Minnesota. The record closed on October 13, 2008, upon the
expiration of the time for Licensee to respond to the City's default motion.
Rachel Tierney, Assistant St. Paul City Attorney, 15 West Kellogg Boulevard,
Suite 400, St. Paul, Minnesota 55102, appeared at the hearing as attorney for the City
of St. Paul. The Licensee, David A. Mclntosh, did not appear in person or by counsel.
STATEMENT OF THE ISSUE
The issue is whether the St. Paul City Council should take the adverse action of
denying the renewal of Licensee's taxi driver license, as recommended by the
Department of Safety and Inspections.
Based on the evidence in the hearing record, the Administrative Law Judge
makes the following:
FINDINGS OF FACT
1. Licensee has had a Taxicab Driver license issued by the City of St. Paul
since August 6, 2001.'
2. On Aprif 3, 2008, ticensee was convicted, under Minn. Stat. § 609.324,
subd. 3, of engaging in prostitution while operating a taxicab on September 7, 2006.
3. On August 14, 2008, Licensee submitted his Taxicab Driver Renewal
License App{ication to the City of St. Pau4 Department of Safety and Inspecfions 3
' Exhibit 1, testimony of Christine Rozek, Deputy Director, St. Paul Department of Safety and Inspections.
2 Exs. 5, 6.
3 Ex. 2.
o�� f3 a�
4. On September 5, 2008, the City Attorney of the City of St. Paul issued a
Notice of Intent to Deny License ("Denial Notice") to Licensee, sent to the address on
his driver's license and on his Taxicab Driver Renewal License Appiication 4
5. On September 11, 2008, Licensee appealed, in writing, the Deniai Notice
and requested to be heard by an Administrative Law Judge.
6. On September 12, 2008, a copy of the Notice of Administrative Hearing
was sent via first class mail to Licensee, David A. Mclntosh, at his address as it appears
from the A�davit of Service by United States Mail on file herein.
7. The Licensee did not request a continuance or any other relief prior to the
hearing, and did not appear at the hearing.
8. The Licensee did not request any relief after the hearing.
9. The Notice of Administrative Hearing contained the following informational
warning:
If you fail to appear at the hearing, your ability to challenge the
ailegations will be forfeited a�d the allegations against you which
have been stated earlier in this notice may be taken as true.
10. Because Licensee failed to appear at the hearing, he is in default.
11. Pursuant to Minn. R. 1400.6000, the aliegations contained in the Notice of
Administrative Hearing or any other pleading may be taken as true and incorporated by
reference into these Findings of Fact.
12. The allegations contained in the Notice of Intent to Deny License and the
Notice of Administrative Hearing dated September 12, 2008 are deemed to be and are
taken as true and correct, and are incorporated by reference.
Based on these Findings of Fact, the Administrative Law Judge makes the
following:
CONCLUSIONS
1. The Administrative Law Judge and the St. Paul City Council have
jurisdiction in this matter based upon Minn. Stat. § 14.55, the City of St. Pauf Legislative
Code § 310.05, and Minn. R. 1400.8505 to 1400.8612.
2. The City of St. Paul gave proper notice of the hearing in this matter, and
has fulfilled ail relevant substantive and procedural requirements of statute, code, or
rule. This matter is, therefore, properly before the St. Paul City Council and the
Administrative Law Judge.
° Ex: 7.
5 Ex. 8.
s Ex. 9.
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3. Pursuant to section 376.16(e)(4)(c) of the City of St. Paul Legislative
Code, an individuai is ineligible to renew a Taxicab Driver license if he or she has
engaged in prostitution within three (3) years preceding renewal.
4. The City of St. Paul has authority to suspend or revoke a license and to
impose penalties for violation of applicable statutes and rules based upon
sections 310.06 and 376.16Q) of the City of St. Paul Legislative Code.
5. Under Minn. R. 1400.6000, a contested case may be decided adversely to
a party who defaults. On default, the allegations of, and the issues set out in the Notice
of Administrative Hearing or other pleading may be taken as true or deemed proved
without further evidence. The Licensee is in default herein as a result of the failure to
appear at the hearing.
6. The Administrative Law Judge adopts as Conclusions any Findings that
are more appropriately described as Conclusions, and as Findings any Conclusions that
are more appropriately described as Findings.
Based upon these Conclusions the Administrative Law Judge makes the
following:
RECOMMENDATION
Based upon these Conclusions, the Administrative Law Judge
recommends that: the City Council of the City of St. Paul take adverse action against
the Taxicab Driver 4icense of David A. Mclntosh.
Dated: October 27, 2008 �� c e�
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M. KEVIN SNELL
Administrative Law Judge
Reported: Digitally recorded; no transcript prepared.
NOTICE
This Report is a recommendation and not a final decision. The St. Pau! City
Council will make the final decision after reviewing the record and may adopt, reject or
modify the Findings of Fact, Conclusions and Recommendation. Under Section 310.05
of the St. Paul Legislative Code, the City Council's final decision shall not be made until
the Report has been made available to the parties to the proceeding and the parties
have been provided an opportunity to present oral or written arguments alieging error on
the part of the Administrative Law Judge in the appiication of the law or the
interpretation of the facts and an opportunity to present argument relating to any
recommended adverse action. The interested parties should contact the St. Paul City
Council through Ms. Shari Moore, City Clerk, 310 City Hall, Saint Paui, Minnesota
55102, to ascertain the procedure for presenting argument to the Council.
M. K. S.
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