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09-1081Council File # =u? -�r���� Green Sheet # Q / y �f �/ CITY OF Presented RESOLUTION MINNESOTA �� 1 WI�REAS, Gregory J. Stahley (License ID# 20090001399) (hereinafter "applicanY') received an 2 Notice of Intent to Deny License dated May 13, 2009; and 3 4 WI�REAS, the Notice alieged that the applicant was not eligible for a tasicab driver's license due 5 to a Felony Domestic Assauit conviction on December 4, 2008 for which the applicant is sentenced to be 6 on probation until December of 2013; and 8 WHEREAS, applicant claimed that the offense was not related to the occupation of a taxicab driver 9 and, in the altemative, that he had been rehabilitated from that offense and reguested a hearing before an 10 Administrative L.aw Judge; and 11 12 WHEREAS, a hearing was held before an Administrative Law Judge on July 20, 2009, at which 13 each party was represented by Counsel and presented testimony; and 14 15 WHEREAS, the Administrative Law Judge issued a Report on August 19, 2009, in which the 16 Administrative Law Judge issued Findings of Fact, Conclusions of L,aw, a Recommendation and a 17 Memorandum; and 18 19 WHEREAS, the Administrative Law Judge found that there was sufficient proof that the Felony 20 Domestic Assault conviction was related to the occupation of taacicab driver and that applicant had failed to 21 produce sufficient evidence of rehabilitation; and 22 23 WHEREAS, the Administrative Law Judge also recommended license denail; and 24 25 WHEREAS, the applicant was given notice that a public hearing would be held before the City 26 Council on September 16, 2009 at which time applicant would have an opportunity to present oral or 27 written azgument to the Council; and 28 29 WHEREAS, applicant did not file any exceptions to the report of Che Administrative Law Judge; 30 and 31 32 33 34 35 36 37 38 39 40 41 42 WHEREAS, at a public hearing on September 16, 2009, the Council of the City of Saint Paul considered all the evidence contained in the record, the arguments of applicanYs attomey at the public hearing, the Administrative Law Judge's Findings of Fact, Conclusions of Law, and Recommendations; now, therefore, be it RESOLVED, that the Council of the City of Saint Paul issues this decision based upon consideration of the record of the entire proceedings herein, including the heazing before the Administrative Law Judge, ali the documents and exhibits introduced therein, the Findings of Fact, Conclusions of Law and Recommendation as referenced above, and the deliberations of the council in open session of that hearing; and be it ��- �o�s � 43 FtJRTf�,R RESOLVED, that the taxicab driver's license application is herby denied; and be it 44 45 FTNALLY RESOLVED, that the Find'angs of Fact, Conclusions of I,aw, and Recommendation of 46 the Administrative Law Judge in this matter aze hereby adopted as the Findings and Conclusions of the 47 City Council in this matter. 48 49 A copy of this zesolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and 50 to the applicant. 51 Yeas Nays Absent Bostrom „/ Carter ✓ Hartis r/ Helgen f Lantry ✓ Stazk Thune d d Adopted by Council: Date �Q t`� �� Adopdyn-Eer�fied o nc' ecretary By: � Approved b r: Dat l v �3 (,> By: V �w�C�iUl�c�—,d Reque�ied by Depariment of: �lj 5 s By. rw.�t.v O Apprwed by the Office of Financial Services By: Appro by Ciry Attorney B Y' ' ' a� L �� Approve� r Subm si n to ncil By: � C� cY�-co��� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet SI -�Pt, ofSafety& Inspections i p3 SEP 2009 Green Sheet NO: 3081477 Conpct Person & Phone: Rachel Tiemev 266-8710 Must Be on Counci Agenda by (Da�l 07-oCT-o9 � � � Doc.7ype: RESOLUTION E-Document Required: Y �ocument ConSact: Julie Kraus Contad Phone: 26E8�76 � � 0. ept of Safety & Insbec6ons i I i � 1 �leptOfSaf¢tv&Iusuections � DeDai�entllir¢ctor I Assign 2 ' . Attornev � � I t Number � For I 3 avor's Office � Mayor/Ascisfant Routing � 4 ounc0 I' I Order � 5 itv Clerk ; Ci� erk —� Topl ft of Signature Pages _(Clip All Locations for Signature) Memorializing City Council Acrion taken September 16, 2009, imposing adverse action against the license applicarion submitted by Gregory J. Stahley (License ID#20090001399) for the Ciry of Saint Paul. Recommendafions: Approve (A) or Reject (R): Planning Commission CIB CommiBee Civil Service Commission Personat Service Conhac# Must Mswer the Follow'irtg Questions: 1. Has this person/Firm everworked under a contract for this department? Yes No 2. Has lhis person/Tirm ever been a city employee7 Yes No 3. Dces this personlfirtn possess a skill not normally possessed 6y any current city employee? Yes No Facplain all yes answers on separete sheet and attach to green sheet. Inkiating Problem, Issues, Opportunity (Who, What, When, Where, Why): A public hearing was hetd on Septembet 16, 2009, to discuss the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendarion from an administrative hearing held on July 20, 2009. AdvanWges If Approved: Memorialization of Council action taken as a result of the public hearing. Disadvantages if Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funding Source: Financial Information: (F�cplain) CosURevenue Budgeted: Activity Number: September 23, 2009 522 PM Page 1 �//i�. Sw[NT PAUL � IIIIIIA CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor August 28, 2009 cx,-�o�t OFFICE OF 1'I� CITY ATTORNEY John d Choi, CityAttomey Civil Division 400CityHall Telephone:651266-87f0 15 West KeOogg Blvd. Facsimile: 651298-5619 Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Daniel J. Stahley 119'/z South Minnesota Avenue, #2 St. Peter, MN 56082 RE: Tasicab Driver (Provisional) license application submitted by Gregory J. Stahley for the City of Saint Paul License ID#: 20090001399 OAH Docket No. 11-6020-20590-3 Dear Mr. Stahiey: Please take notice that a public hearing to discuss the report of the Administrative Law Judge concerning the above-mentioned licenses has been scheduled for Wednesday, September 16, 2009, at 5:30 p.m. in the Ciry 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 azguments 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 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, � GLCJv�,�.r� � �L� Rachel Tierney Assistant City Attorney cc: Diane Nordstrom, Office of Administrative Hearings, P.O. Box 6462Q St. Paul, MN 55164-0620 Gregory J. Stahley, 57 Mazia Avenue, St. Paul, MN 55106 Christine Rozek, Deputy Director of DSI �141ary Erickson, Council Secretary Rich Jents, DSI Affirmative Action Equal Opportunity Employer ��F'CHES�T f �r :��:_ �.. .�.o��..,, Gn 'P- �.'_�`.,.-' .' _<:� �. �:>- . _ =" - - = �°EZ ; _�^�, -.�'- H t ->l,�-s.,.��.��. ij :.-..: O '�+I$_SS�� c�-�o�� MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 600 North Robert Street Saint Paui, Minnesota 55101 Mailing Addcess: Voice: (651) 361-7900 P O. Box 64620 TI'1': (651) 361-7878 St Paul, Minnesota 55164-0620 Fa�c: (651) 361-7936 August 19, 2009 V'.. , —r �, _. �,�fj���`� Shari Moore, City Clerk �a�,�� � "� ���� 310 City Hall 15 West Kellogg Bivd. � � �-�-�, St. Paul, MN 55102 In re: In the Matter of the Taxicab Driver (Provisional) License Application of Gregory J. Stahley OAH Docket No. 11-6020-20590-3 Dear Ms. Moore: Enclosed herewith and served upon you by mail is a copy of the Administrative Law Judge's Findings of Fact, Conciusions, and Recommendation in the above-entitled matter. The official record will be sent to you under separate cover. Sincerely, BL :nh Enclosure � �_��✓ � �I1..a.�s-� BARBARA L. NEILSON Administrative Law Judge Telephone:(651)361-7845 Cc: Daniel J. Stahley achel Tierney � �v�s� OAH Docket No. 11-6020-20590-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Taxicab Driver FINDINGS OF FACT, (Provisional) License Application GONCLUSIQNS AND of Gregory J. Stahley RECOMMENDATION This matter was heard by Administrative Law Judge Barbara L. Neilson at the St. Paul City Hall on July 20, 2009. Rachel Tierney, Assistant City Attomey, appeared on behalf of the City of St. Paul's Department of Safety and Inspections (DSI). Daniel J. Stahley, Attorney at Law, appeared on behalf of the Applicant, Gregory J. Stahley. The record closed at the conclusion of the hearing on July 20, 2D09. ISSUE The primary issues presented in this case are as foilows: (1) Should the Applicant's application for a taxicab license be denied under St. Paul Legislative Code § 376.16(e)(4)(a) because he was convicted of felony domestic assault in December of 2008 and remains under supervised probation until December of 2013? (2) Shouid an exception be granted under St. Paul Legislative Code § 376.16(e)(4)(b) because the offense committed by the Applicant is not related to the occupation of taxicab driver or because he has provided evidence of rehabilitation? (3) Should the application be denied because the Applicant has been driving a taxicab without a proper license since April 2009? The Administrative Law Judge recommends that the ApplicanYs application be denied because he was convicted of felony domestic assault less than one year ago; he remains on probation until 2013; and he has not complied with all terms of probation. The Administrative Law Judge further finds that the offense committed by the Applicant is related to the occupation of taxicab driver and he has not presented su�cient evidence of rehabilitation to fall within the exception set forth in St. Paul Legislative Code § 376.16(e)(4)(b}. Finally, under the circumstances of this case, the allegation that Applicant has been driving a taxicab without a proper taxicab driver's license does not provide additional grounds for denial of his application. Based on all of the proceedings herein, the Administrative Law Judge makes the following: �-10�� FINDINGS OF FACT 1. The City grants a three-month provisional taxicab driver's Iicense in order to allow drivers who have met all of the other requirements for regular licensure additionai time to complefe the training classes for taxicab drivers required by the City. Individuals are permitted fo drive under a provisional license prior to passing their skilis test. At the end of the training class, candidates for licensure must pass a test to obtain their full license.' The provisional license process requires that applicants pay the license fee at the time of application and have their photograph taken. Thereafter, a criminal background check is conducted and, if there are no concerns, a badge with the applicant's photograph is issued and mailed to the applicant. An applicant is not eligible to drive a cab until he or she has received the badge? 2. On April 20, 2009, Gregory J. Stahley, the Applicant, applied for a provisional taxicab driver's license from the City of St. Paul ("City") and authorized a criminal background check. The Applicant was given a receipt by the City which indicated that the "effective date" was April 20, 2009, and the "expiration date" was July 20, 2009. The receipt form further noted that "[t]here are no conditions placed on this license at this time." The form identified as "unmet requirements" the results of the record checks for criminal history and driving. The receipt form stated in bold type at the bottom, "This is not a License to operate."' 3. Christine Rozek, the Deputy Director of the City's Department of Safety and Inspections (DSI), telis City staff who deal with applicants for taxicab driver's licenses that they should tell applicants that, in order to drive, they must have the provisional license badge bearing their picture, and the Cit� cannot issue the badge until it runs the criminal and driving histories for the applicant. However, at the time of his application, the Applicant was not informed by City staff that he was ineligible to drive a taxicab until his picture license was issued. He was merely told that his picture license to operate a taxicab would arrive by mail in about two weeks. The Applicant understood the process to be similar to the issuance of regular driver's ficenses, where the documentation issued authorizes the holder to drive while the actual license is being prepared. 4. After receiving the AppiicanYs application, DSI asked a St. Paul police officer to conduct a criminal history background check. On approximately May 5, 2009, the City was notified that the Applicant had been convicted of Felony Domestic Assault.' The conviction related to an incident that occurred during the morning of July 6, 2008. On that date, Saint Paul Police O�cers Lau Vang and Mark McGinn responded to a call ' Testimony of Rozek. Z Testimony of Rozek. 3 Exhibit 3; Testimony of Appiicant, Rozek. 4 Exhibit 4. 5 Testimony of Rozek. 6 Testimony of Applicant. ' Testimony of Rozek. 2 O�t— \G� t of a physical altercation befiveen the Applicant and J.H. (his then girlfriend). J.H. toid Officer Vang that the Applicant and J.H had been arguing that morning. When the Applicant tried to leave, J.H. said that she followed him to his vehicle because she believed that the Applicant had taken her purse. The Applicant denied that he had the purse. Officer Vang's report indicated fhat J.H. said fhat the Applicant "shoved her head to the street which cause[d] her head to hit the ground." The Applicant then drove away. O�cer Vang observed a golf-ball-sized knot over J.H.'s left eye and some abrasions on her arms and legs. A neighbor told O�cer Vang that he had observed the altercation and alieged that the Applicant had struck J.H. with a closed fist causing her to fall to the ground $ 5. Another po{ice officer responding to the ca{I calfed the Appficant on his ce{I phone, and Applicant agreed to turn himself in. The Applicant voluntarily appeared at police headquarters a short time later. During an interview about the incident, the Applicant admitted that he pushed J.H. down to the ground. Saint Paul Police Officer Mark McGinn arrested the Applicant and charged him with Misdemeanor pomestic Assault. Officer McGinn did not perform a record check at the time Applicant was booked for the incident. 6. A criminal complaint for Felony Domestic Assault in violation of Minn. Stat. § 609.2242, subd. 4, was brought against the Applicant based on the July 6, 2008, incident. The offense was charged as a felony because the Applicant had two prior convictions for domestic assault during the prior ten years. Without that enhancement, the incident would have been charged as a misdemeanor.' The two prior convictions involved a violation of an Order for Protection stemming from a visit to his marital home in 2000 and a 2002 fight with a patron in a bar." 7. On October 15, 2008, the Applicant pleaded guilty in Ramsey County District Court to Felony Domestic Assault in violation of Minn. Stat. § 609.2242, subd. 4. On December 4, 2008, the Applicant was sentenced to 30 days in jail (less 5 days served), required to pay a fine and applicable fees; and placed on supervised probation for five years, expiring on December 4, 2013. Other conditions imposed at the time of sentencing included a chemical dependency evaluation/treatment, random testing, mental health counseling as recommended by his probation o�cer, and domestic abuse counseling/treatment. 8. During the first few months of his probation, the Applicant did not maintain adequate contact with his probation officer, in part due to the ApplicanYs lack of a permanent residence and reliable telephone. In February, 2009, the ApplicanYs probation was revoked for lack of contact and he was returned to jail for approximately two weeks. After his release, the Applicant began keeping in contact with his probation officer. $ Exhibit 1; Testimony of Vang. 9 Exhibit 1; Testimony of McGinn. 70 Exhibit 10; Testimony of Vang. " Testimony of Applicant. i2 Exhibit 11. t3 Exhibits 11, 12; Testimony of Applicant. 3 �-�o�l 9. DSI generally considers a recent conviction for assaultive behavior to be a disqualification for a taxicab driver's license, due to the violent nature of such offenses and the need to assure citizens using cabs that they are going to be safe. Taxicab customers are often alone and unfamiliar with their surroundings. They use cabs at all hours of the day and night, and expect that the City has reviewed an applicant for safety before issuing a license. Given the nature of the relationship betwee� cab drivers and customers, it is likely ihat there will be some arguments over fares or the route taken by the driver, and a driver with anger control issues could pose a significant problem. 10. Upon receiving the information about the ApplicanYs felony conviction, Christine Rozek, t7eputy Director of DSI, referred the application to the Saint Paul City Attorney's Office for review.' 11. On May 13, 2009, the City issued a Notice of Intent to Deny License to the Applicant. The City indicated that its recommendation for denial was based upon St. Paul Legislative Code § 376.16 (e)(4}(a). That provision requires that, to be eligible to be licensed to operate a taxicab, individuals "shail not be under sentence or have been discharged from sentence for any felony conviction within the five (5) years immediately preceding application for a license." The Notice indicated that, because the Applicant would be under supervised probation until December 4, 2013, he would not be eligible to apply for a taxicab license until December 5, 2013. The Notice informed the Applicant of his right to request a hearing if he disputed the facts set forth in the letter or wished to present evidsnce that the conviction was not re{ated to his 4icense or that he has been rehabilitated.� 12. On May 26, 2009, the Appiicant requested a hearing on the proposed denial of the taxicab license." The City thereafter issued a Notice of Administrative Hearing, assigning the matter to an Administrative Law Judge and setting a hearing date of July 16, 2009.' The hearing date was later rescheduled for Jufy 20, 2009, at the request of counsel for the Applicant, and a revised Notice of Hearing was issued.' 13. At the hearing, the parties agreed that City could amend the Notice of Hearing to include as an additional ground for denial of the application the allegation that the Applicant has been operating a taxicab without a license since April, 2009. 14. Since approximately one week after he. submitted his application for a provisional license in April 2009, the Applicant has worked approximately 60 hours a week as a taxicab driver for Yellow Cab Company of St. Paul. Over the short time he has driven a taxicab, the Applicant has developed relationships with a number of customers who request him specifically for rides. No complaints have been lodged against the Appiicant with respect to his conduct as a driver. He has not had any ' Testimony of Rozek. ' Testimony of Rozek. t6 Exhibit 6. " Exhibit 7. 18 Exhibit 8. i9 Exhibit 9. 0 UG- �o�s � difficuities with co-workers or customers. On one occasion, two customers ran away without paying for their taxi ride, and he simply let them go? 15. The Applicant enjoys driving a taxicab and wishes to continue working as a taxi driver. That employment will give him a steady income and enable him to maintain his own residence and buy food and clothing. The probation o�cer assigned to the Applicant has noted that during the time he has been employed by Yeilow Cab, the Applicant has maintained regular confact as required by the terms of his probation. 16. During the last ten years, the Applicant has been chronically unemployed and has experienced significant periods of homelessness. Between 2001 a�d April 2009, his longest period of employment was three months. He frequently slept i� his car when he was not employed. Although he remains married, the Applicant has not lived with his spouse for over ten years. In recent years, Applicant has stayed at times with J.H. at her residence. This living arrangement placed a great deal of stress on the Applicant and led to arguments between the Applicant and J.H?' 17. The Applicant provided an affidavit from Steve Benson, his probation officer, in which Mr. Benson attested that the Appiicant has kept in regular contact with him and has been in compliance with the other terms of his probation since the Applicant began working for Yellow Cab in April 2009. Mr. Benson indicated that he is able to adequately supervise the Applicant and monitor his progress. He believes that having employment has made the Applicant amenable to probation and that he is taking the necessary steps towards rehabilitation. Mr. Benson further noted that he does not believe that the Applicant poses a safety risk to members of the public in his capacity as a taxicab driver, and he supports his application for a taxicab driver's Iicense. 18. The Applicant also submitted afFidavits from his spouse, L.S., and his former girlfriend, J.H. They both support his application for a taxicab driver's license. L.S., who was the victim of the Applicant's 2000 conviction for violation of an order for protection, indicated in her aifidavit that the Appiicant is now able to adequatefy care for himself, and she strongly believes that the Applicant's past violent actions were brought on because of his unemployment and poverty. J.H., who was the victim of the July 2008 domestic assault, indicated that the Licensee has gained a sense of purpose in his life and lost his violent tendencies since becoming employed as a taxicab driver. She believes that being unemployed and homeless for nearly ten years was the source of the ApplicanYs anger and frustration. it is her view that the Applicant has been rehabiVitated and that his demeanor and vioient tendencies have been caimed. She attested that the Applicant has shown improvement in his behavior and outlook and a positive change in his living conditions. The Applicant passed a drug test that was required at the time he started working for Yellow Cab. The Applicant has undergone a chemical dependency evaluation and has submitted the report to his probation officer. The evaluator did not recommend treatment. Approximately three weeks prior to the 2D Testimony of Applicant. 21 Testimony of Applicant; Exhibits 13, 15. Zz Exhibit 12. 23 Exhibit 13. 24 Exhibit 15. � OG- l0� � hearing, the Applicant began attending a domestic violence/anger management program as required by the terms of his probation. The A�plicant has been an active participant in the program, which wili be 12 weeks in length. 5 Based on the above Findings, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the St. Paui City Council have jurisdiction in this case under Minn. Stat. § 14.55 and St. Paul Legislative Code §§ 310.05, 376.16. 2. The Applicant received timely and proper notice of the hearing and the City has complied with all relevant substantive and procedural requirements of statute and rule. 3. Under St. Paul Legislative Code § 376.16(e)(4)(a) and (b), an individual who is "under sentence or [has] been discharged from sentence for any felony conviction within the five (5} years immediately preceding application for a{icense" is not eligible to be licensed to operate a taxicab unless the license inspector grants an exception pursuant to Minn. Stat. § 364.03 "upon evidence that either the offense is not related to the occupatio� of taxicab driver, or upon evidence of rehabilitation." 4. Under Minn. Stat. § 364.03, subd. 2, the following factors are to be considered in determining whether a conviction directly relates to the occupation for which a license is sought: (1) the nature and seriousness of the crime or crimes for which the individual was convicted; (2) the relationship of the crime or crimes to the purposes of regulating the position of public employment sought or the occupation for which the license is sought; (3) the relationship of the crime or crimes to the ability, capacity, and fitness required to perform the duties and discharge the responsibifities of the position of employment or occupation. 5. The Applicant was convicted of Felony Domestic Assault in December 2008 and remains under probation for that offense until December 2013. The Applicant was charged with a felony level crime because of prior convictions in 2000 and 2002 for violation of an order for protection and assault. 6_ Mr. Stahley's fe(ony conviction for pomestic Assault relates directfy to the occupation of taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 2, and St. Paul Legislative Code § 376.16(e)(4)(b). His prior convictions for assault and violation ZS Testlmony of Applicant; Exhibit 14. � G�-z-�O�I of an order for protection, which caused the enhancement of his most recent conviction to a felony level, also relate directly to the occupation of taxicab driver. 7. Under Minn. Stat. § 364.03, subd. 3(a), a person who has been convicted of a crime which relates directiy to the occupation for which he seeks a license shall not be disqualified from such an occupational license if he can show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation for which the license is sought. The statute specifies that "[s]ufficient evidence of rehabilitaticn may be established by the production of: (1) a copy of the local, state, or federal release order; and (2) evidence showing that at least one year has elapsed since release from any local, state, or federai correctional institution without subsequent conviction of a crime; and evidence showing compliance with all terms and conditions of probation or parole; or (3) a copy of the relevant Department of Corrections discharge order or other documents showing completion of probation or parole supervision. In addition io the above documentary evidence, Minn. 5tat. § 364.03, subd. 3(b) states that the licensing authority must aiso "consider any evidence presented by the applicant regarding: (1) the nature and seriousness of the crime or crimes for which convicted; (2) ail circumstances relative to the crime or crimes, including mitigating circumstances or social conditions surrounding the commission of the crime or crimes; (3) the age of the person at the time the crime or crimes were committed; (4) the length of time elapsed since the crime or crimes were committed; and (5) all other competent evidence of rehabilitation and present fitness presented, including, but not limited to, letters of reference by persons who have been in contact with the appiicant since the applicanYs release from any local, state, or federal correctional institution. 8. The Applicant has not demonstrated by a preponderance of the evidence that he has been su�ciently rehabilitated and is presently fit to pertorm the duties of a taxicab driver within the meaning of Minn. Stat. § 364.03, subd. 3. 9. The City has not shown that Applicant was informed that he was not authorized to drive a taxicab after he filed his application for a provisional taxicab license, and the receipt form that was given to the Applicant at the time of his 7 o�- �o��s application provided conflicting and ambiguous information on that subject. Under these circumstances, the fact that the Applicant operated a taxicab prior to the hearing in this matter does not provide addifional grounds for denial of his application. 10. These Conclusions are reached for the reasons discussed in the attached Memorandum, which is incorporated in these Conclusions. Based upon the above Conclusions, and for the reasons set forth in the attached Memorandum, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Counci� DENY the application by Gregory J. Stahley for issuance of a taxicab license. Dated: August 19, 2009 �h-,.,.,. � L - rJe�c,�-�,�. BARBARA L NE(LSON Administrative Law Judge Reported: Digitally Recorded, No transcript. 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 Council shali not make a final decision until the parties have had an opportunity to present oral or written arguments to the Council. The parties should contact City Clerk Shari Moore, 310 City Hali, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102 for information concerning the scheduling of argument and the date on which the Council will meet to decide this matter. MEMORANDUM It is ctear that the Applicant was convicted of a felony within the five years prior to his application for a taxicab driver's license. While the underlying crime would othenvise have been charged as a misdemeanor, it was enhanced to a felony due to the Applicant's prior convictions in 2000 and 2002. Z6 Even if this conviction had been for misdemeanor domestic assault, St. Paul Legislative Code § 376.16(e)(4)(a) also requires that applicants who have not been discharged from sentence for any non- traffic misdemeanor conviction within the three years immediately preceding their license application be deemed ineligible for a taxicab driver's license uniess the offense is not related to the occupation or there is evidence of rehabilitation. F:3 O�- �o� � The Applicant maintains that his felony domestic assault conviction is not directly related to performing the duties of a taxicab driver and attempted to draw several distinctions between his conduct and the circumstances encountered by taxicab drivers. However, the Administrative Law Judge is persuaded by the Cit�1s argument that the conviction in this case is related to the occupation for which licensure is sought because customers using taxicabs are likely to engage in behavior similar to that which provoked Applicant when he committed assault. Applicant's assauitive behavior is appropriate to consider in assessing whether a taxicab license should be issued. Taxicab drivers interact with members of the public under a wide variety of circumstances, and there is a strong likelihood that Applicant will encounter members of the public who are argumentative or refuse to pay for his services. The ability to handle disagreements in a nonviolent manner is an important attribute for those seeking licensure as a taxicab driver. Moreover, passengers in taxicabs have a legitimate expectation that the City will not license drivers if there are concerns about their propensity for violent behavior. Where there is a direct relationship between the crime and the licensed occupation, Minn. Stat. § 364.03 and the St. Paul Legisiative Code permit an exception to be made if an applicant demonstrates that he or she is sufficiently rehabilitated and presentiy fit to perform the occupation of taxicab driver. The statute states that certain evidence is deemed sufficient to demonstrate rehabilitation, such as the release order, evidence showing that at least one year has elapsed since release without subsequent conviction of a crime, evidence showing compliance with all terms and conditions of probation, or documentation that probation has been completed. Because less than one year has elapsed since ApplicanYs conviction and his probation will not end until late 2013, the Applicant cannot provide such evidence. Moreover, the Applicant has not complied fully with the terms of his probation, as evidenced by his failure to maintain adequate contact with his probation officer and the subsequent revocation of his probation. The licensing authority is also required to consider as evidence of rehabilitation and fitness any evidence presented by an applicant regarding the nature and seriousness of the crime, all circumstances relative to the crime (including mitigating circumstances or social conditions surrounding the commission of the crime), and other competent evidence of rehabilitation and present fitness, including letters of reference by persons who have been in contact with the applicant since the applicanYs release from jail. The Applicant provided some evide�ce through his own testimony and the affidavits of L.S. and J.H. tending to support a relationship between his violent conduct and the financiai and emotional strain he experienced due to unemployment and intermittent homelessness during the past ten years. However, he did not provide a detailed explanation of the reasons for his conduct or otherwise demonstrate mitigating circumstances in connection with the July 2008 offense or the prior convictions. He supplied affidavits from L.S., J.H., and his probation officer supporting his Iicensure and attesting to the beneficiai effects employment as a taxicab driver has had on his outlook, demeanor, a�d current compliance with the conditions of his probation. However, the limited amount of time that has elapsed since his conviction, and the limited contact between Applicant and the persons supporting his appeal do not outweigh the evidence regarding the seriousness of his prior conduct. The Administrative Law Judge is unable � O�- \O� 1 to conclude that the Appiicant has provided competent evidence of sufficient rehabilitation and present fitness to warrant granting of the provisional license. The City alleged as additionai grounds for denial of the application that the Applicant had improperly driven a taxi without a license during the period between his application for a provisional license and the hearing. The Deputy Director of the City's Department of Safety and Inspections testified that she tells City staff who deal with applicants for taxicab driver's licenses that they should tell applicants that they must have the provisional license badge bearing their picture in order to drive, and the City cannot issue that badge unless the applicant passes the criminal ar,d driving history record checks. However, the Deputy Director was not present at the time the Appficant filed his application, and no one provided direct evidence of what he was toid. The Applicant credibly testified that he was not informed that he was ineligible to drive a taxicab until his picture license was issued. Rather, he was merely told that his picture license to operate a taxicab would arrive by mail in about two weeks. The Applicant understood the process to be similar to the issuance of regular driver's licenses, where the documentation issued authorizes the holder to drive while the actual license is being prepared. Moreover, the receipt form that was given to the Applicant at the time provided conflicting and ambiguous information on that subject. One the one hand, the form identified as "unmet requirements" the resuits of the record checks for criminal history and driving, and stated in bold type at the bottom, "This is not a License to operate." On the other hand, the form also indicated that the "effective date" was April 20, 2009, and the "expiration date" was July 20, 2009, and noted that "[t]here are no conditions placed on this license at this time." Under these circumstances, any confusion on the part of the Applicant about whether or not he was immediately authorized to operate a taxicab was understandable. Accordingly, the fact that the Appficant drove a taxicab after he fifed his application shoufd not constitute additionaf grounds for denial of his application. The Administrative Law Judge is sympathetic to Applicant's plight. Clearly, Applicant is improving his situation and having employment is an important part of that change. But the City ordinance is clear that Applicant is disqualified from the receipt of a taxicab driver's license for five years subsequent to his 2008 conviction, unless he can show sufficient evidence of rehabilitation and fitness to satisfy Minn. Stat. § 364.03. The statute provides for specific methods by which an applicant can demonstrate such rehabilitation and present fitness to perform the occupation for which licensure is sought. In this case, Applicant has not met the standard set by the statute. For this reason, the Administrative Law Judge has recommended that the application for a taxicab license be de�ied. B.L.N. 10