The URL can be used to link to this page

97-1043Council File # �R _ � �3 RESOLUTION 4NT PAUL, MINNESOTA Presented By RESOLVED, that the taxicab driver's license of Cazlos Rosillo, License ID# 18477, is hereby revoked for an incident on March 14, 1997 in which he obstructed a police officer in the execution of his job. FURTHER RESOLVED, that the Findings of Fact and Conclusions of the adininistrative 1aw judge in this matter contained in the Report dated June 25, 1997, are expressly ratified and are adopted as the written findings and conclusions of the Council in this matter, except as modified below. The reasoning of the Memorandum of the Administrative Law Judge attached to the findings and conclusions is not adopted. The recommendation of the Administrarive Law Judge is also not accepted. FURTHER RESOLVED, that the following amendments to the Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: "3. A female officer at the desk took a call from a female employee of the massage parlar, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approafimately 11:30 pm., the female employee walked in, saw fhe undercover female officers in the massage parlor and immediately left. Officer Beaudette left the back room and pursued the employee, in order to anest her. Officer Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the ,.. , . driver side with his head down. �3i�:'Y�e?�`�i��;:Cr}��e�;'; .�:;� �1�tq Officer Beaudette was approximately ten feet�from the�cab, approaching from the front . � .. . ....:. . . ...::.:..... ...>::;: .� . _ . .,>.. ;.. passenger side �v�ierr-ke ::��:;�e-°�-aippr��;i<�} : ,,�};B�t;�1� yelled "Police, you're under arresf, get�out of the cab.'' ^* °� ° :�* *'��a�:°�- was a t�x,ag;� ine omcer reacnea ror tne nont passenger aoar so mat ne coma open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The officer ��°�'-�*°a �� -��-'��-'�°�^�- on Green Sheet # ,�0�,��Z., Beaudette noted the number of the cab was 81. 'T''�° '�~~° °'°~°°a ��~• "�° q 7 l0'{3 2. Finding of Fact No. 5. is hereby amended to read as follows: "5. Officer Beaudette asked Mr. Rosillo for his driver's license. "�� e�g� �:��#pzz��s�';fti;;��::�r��t� another officer, Sergeant Strickland, infervened and persuaded Mr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 that charged Mr. Rosillo with failure to obey a police officer �- •��'�'��^ ��"��^�. °•�• ��nn cn ,,.,w },�� 3. A new Finding of Fact No. 7 is hereby adopted to read as follows: ,. . . . . ..... . . .::. _-:..� :�- ...�.. ,. � . _ ...,..,....,, . . ........ . : ::.. ,..,..:...� "'��°€�:�;'R4�ailia;�t��;r�i�f ta;�sfifY 4. Conclusion of Law No. 6 is hereby amended to read as follows: 5. Conclusion of Law No. 7 is hereby amended to read as follows: "7. Mr. Rosillo intentionally obstructed a officer when he failed to stop for Officer Beaudette iijt'.'�'��iS�: ip; c?��S on This Resolution is based upon the record of the proceedings before the Administrative Law Judge on June 5, 1997, the documents and exhibits introduce therein, the Findings of Fact and Conclusions of the Admniistrative Law Judge as modified and amended herein, the written submissions by counsel far the Office of License, Inspections and Environxnental Protection and the arguments and statements of the parties on August 13, 1997, as well as the deliberations of the Council in open session on that date. �-� `'-°"'-° �`r�� -°�° °° -�°�_ was awaze that the person approaching the cab was a police officer." 1 A copy of this Resolution , as adopted, shall be sent by first class mail to the 2 administrative law judge, and to the licensee, Carlos Rosillo. e �� I O � 3 _� BY� , ��a, t' Approved by Mayor: Date �I�S�C� By: �. ��-�- Requested by Department of: Ey: Form Approved by City Attorney BY � � t/ 1h9,/iY�� ` ) I `�C3,P "+^�e/\ By: by Mayor for Submission to Adopted by Council: Date c'3. \ Adoption Certified by Council Secretary N°_ 50532 DEPA T/OFFICEFOUNCIL DATE WITIATED �� `O � � GREEN SHEE � _ INITIAVOATE �NITIAVOATE O DEPARTMENT DIRECTOR � CITV COUNCIL � ASSIGN OCITYATTORNEV OCITYCLEFK MUST��{�pU�l,'�l, A(f¢�BY (OATE) NUMBER iOfl O BUDGET DIRECTOR ��IN 8 MGT. SEPVICES DIR. �� ROUTING ORDEN � MAYOR (OR ASSISTAN'n � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FE�UESi'ED: Revoking the tazicab driver's license of Carlos Rosillo, License ID#18477. FECOMMENDATIONS� Approve (A) or Re�ect (R) PERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOLLOWING �UESTION3: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl under a conlreM for this department? _ CIB COMMITfEE _ �'ES NO _ yTAFF 2. Has this personffirm ever been a ciry employee? — YES NO _ DISTRICT COUR7 _ 3. DoeS tfiis personlfirm possess a skill not normally possessed by any curceM city empfoyee? SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO Explain all yes answers on separafe sheet antl attaeh to green sheet . IN�TIATING PR08LEM, ISSUE. OPPORTUNITY (Who. What, When. Where. Why) A�VANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVEO: TOYAL AMOUNT OF TRANSACTION S COS7/RE�ENUE BUDGETEU (CfRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIALINFORIFATION (EXPLAIN) �!7- /oy3 Interdepartmental Memorandum :N�'��T. •Y.\I�� ' � 1J � - �Ss� � - � 4'�6{�s AE�� 18 1997 DATE: August 15, 1997 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: Peter Pangborn Paralegal 400 City Hall RE: Consent Agenda - August 27, 1997 l. Carlos Rosillo ATancy : Attached is the signed resolution identifying the penalty imposed by the City Council on Mr. Carlos Rosillo. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, August 27, 1997. Thanks. Sinc e: Peter P Paralegai 97 � /dy� OFFICE OF THE CITY ATTORNEY Peg Bir15 Crty Attarney —w �� W CITI' OF SAINT PAUL Civil Division Norm Colemmt, Mayor 400 City Hall Zelephone: 672 266-8770 ISWestKelloggBlvd Facsbnile:672298-5679 Saint Paul �nnesota 55101 July 30, 1997 �U�ri s �!i �=:,?,?�' a`�t �i�' NOTICS OF COUNCIL AEARING tt Cazlos Rosillo 540 SE Third Street Winnebago, Minnesota 56098 RE: TaYicab Driver's License heid by Carlos Rosillo Licerise ID #: 18477 Our File Number: G97-0198 Dear Mr. Rosiilo: .J�;f ,, i�� , � Please take notice that a hearing on the report of the Admuustra6ve Law Judge conceming the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, August 13,1947, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please find a copy of our Written Exceptions to the ALJ's report which we are filing with the CiTy Clerk. You also have the opportunity to file exceptions to the ALJ's report with the City Clerk and this can be done at any time during normal business hours. You may also present oral or written azgumern to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council wiil 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. T - Sincerely, �/,�.�- �C-�.� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Q ? - /0%�3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL Case No. 12-2111-10095-3 In the Matter of the Taxicab Driver's WRITTEN License held by Carlos Rosillo EXCEPTIONS I. Recommendations of the ALJ The ALJ has recommended that no adverse action be taken against the taxicab driver's license of Carlos Rosillo, based upon his finding that the City failed to prove by a preponderance of the evidence that the licensee intentionally obstructed a peace officer on March 14, 1997. II. LIEP Position The Office of License, Inspections and Environmental Protection (LIEP) believes that the evidence in the record supports additional Findings of Fact and Amended Conclusions of Law, that there was sufficient proof that Carlos Rosillo intentionally drove away in his taxicab with a passenger that a Saint Paul Police Officer was trying to arrest, after the officer repeatedly identified himself as a police officer and ordered the passenger to stop because she was under arrest. The City Council is requested to adopt the new and amended Findings of Fact and Conclusions attached hereto, and to revoke the taxicab driver's license of Carlos Rosillo. III. Issue The Administrative Law Judge found that the City had not proved by a preponderance of the evidence that the licensee heard the officer identify himself as a police of£icer, saw the word "POLICE" on the officer's jacket or in any other manner was aware that the person attempting to stop the cab was a police officer. A "preponderance of the evidence" means evidence which would lead the trier of fact to believe that it is more likely than not that the 9 7 -/oy3 case is true. If there is the slightest tipping o£ the scales in the direction of the City by credible evidence, then the City has proved its case. Quam v. General Acc. Ins. Co. of North America, 411 N.W.2d 270 (Minn. App. 1987). The ALJ's Findings of Fact and the memorandum make reference to arguments made by Mr. Rosillo. The evidence was presented through the testimony of Officer Beaudette, the license inspector and the exhibits, including the police report written by Office Beaudette at the time of the incident. However, the licensee chose not to testify on his own behalf, and was therefore not subject to any cross-examination. The argument of the licensee cannot be considered as evidence. At the hearing, Officer Beaudette testified to the events surrounding his attempt to arrest a female at 740 North Snelling Avenue, where police were operating an undercover vice detail at Lee Lenore's Sauna. He testified that a woman had called and stated that she would be late to work, identifying herself as an employee. Police intended to arresti her on arrival for visiting a disorderly house. Officer Beaudette saw her walk into 740 North Snelling, observe that the premises were under the control of the police and then turn and leave. He went outside to arrest her and saw her getting into a cab facing north on Snelling, approximately 30 feet away. The cab was parked south of the sauna and he was looking at the cab from the front. He further testified that while the cab door was open and the female was getting in he yelled "Police! You're under arrest! Get out of the cab!" As he yelled this, the cab driver looked directly at Officer Beaudette, who testified that he was wearing a police raid jacket. Officer Seaudette displayed the jacket, which is blue with large gold letters spelling out POLICE on the front and back, with police patches on both arms. Officer Beaudette testified that he made eye contact with the driver when he was about 10 feet away from the vehicle and again yelled out, identifying himself as a police officer. He then saw the driver again look at him, so Officer Beaudette reached for the front passenger door, at which time the cab driver put the cab in drive and drove off at a high rate of speed. Officer Beaudette was nearly run over as the cab spun sideways in the snow and had to hold on to avoid falling under the tires. During this whole time he continued yelling, stating that he was a police officer and telling Rosillo to stop the cab. Mr. Rosillo did not testify. He did cross examine the witnesses, and he presented some argument, but no testimony was presented to contradict that of Officer Beaudette and the license inspector. The license inspector testified that he considered this incident to be serious enough to warrant revocation of the taxicab driver's license both because of the action of the cab driver in ignoring a police officer's order to stop and preventing an arrest, and because of the reckless nature of the driving used by the taxicab driver as he sped away from the scene. The memorandum of the administrative law judge accepts as fact ��-i��/3 matters which were not testified to and are not part of the record. Mr. Rosillo did argue that the job oP a taxi driver is inherently dangerous, and the City inspector did acknowledge on cross- examination that a cab driver had been murdered in Saint Paul within the past five years. Nevertheless, the police officer testified at the hearing, under oath, that he was wearing a raid jacket, which he displayed and which says "POLICE" in large gold letters which stand out on the blue background. He testified thati the jacket lettering was visible. Mr. Rosillo did not take the stand and state under oath that Officer Beaudette was not wearing the jacket, nor was there any evidence that the jacket was open. Of£icer Beaudette testified that the visibility was good, and that it had recently snowed but was not snowing at the time of this incident. He testified that the lighting conditions included street lights on Snelling Avenue and that Mr. Rosillo looked at him several times. The memorandum states that °While the man was shouting, the passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face.�� This is particularly troubling since these matters were not part of the testimony. Again, Mr. Rosillo chose not to testify, and anything that he argued was not subject to cross-examination and cannot be considered evidence. Equally troubling is the assumption made by the administrative law judge that: Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of the cab lacks the opportunity to ascertain the identity of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. �609.50, subd. 1. There is nothing in the record to support the assumption that "trouble" is so standard at this location that Mr. Rosillo would be justified in believing that a man dressed in a police jacket and yelling that he is a police officer is anything other than what he says he is. Mr. Rosillo did not lack the opportunity to determine the identity o£ the officer. Despite his contention that the job of driving cab is so dangerous, there was no testimony to establish that this person running towards his cab was in any way a danger. There was no testimony that he was threatening, no testimony that he carried or displayed a weapon, no testimony that Mr. Rosillo was afraid of him, in short, no testimony at all to substantiate this entire paragraph in the memorandum. All the testimony supports the determination that Mr. Rosillo had every opportunity to know that the man running towards the cab was a police officer. Finally, the administrative law judge made a finding that the ticket issued by the police officer was not prosecuted by the City 9 � - �ay,3 Attorney's Office. The fact that a case was not prosecuted criminally does not prevent a civil action from being based upon the same set of facts. Even if Mr. Rosillo had been prosecuted and acquitted, the civil license hearing can still go forward. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). For all of the foregoing reasons, it is the position of the Office of License, Inspections and Environmental Protection that support exists in the record for the Council to adopt the proposed amended findings of fact and conclusions, and to take adverse action against the taxicab driver's license of Carlos Rosillo. Dated this 30th day of July, 1997. � � Virgini D. Palmer Assista City Attorney 400 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 (612) 266-8710 Attorney for LIEP �7 - / PROPOSED AMENDED FINDINGS OF FACTS 2. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Office Beaudette left the back room and pursued the employee, in order to arrest her. Office Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the .. .. ..... . . ..... .. . ....... .. ...... . ..... .... .. ........... fron on the driver side with his head down. [��i��;i_�Ia�;';�e��`>�i��s�ii��l ...,.::...� ....:.....:::.:.....�: :;� �:; ......,:;,....:.. ,. �;kiE;<i�a�:�,�;tq��; Officer Beaudette was approximately teri feet froin'tIie .:..._�. .. cab, approaching from the front passenger side A� ��.;';�� . ,.:, � .... ..... ....... . . �;�p�`C��1�`T�� zCe� �e��l.'�a€;'C[�� yelled "Police, you're under arrest, . for Ehe front passenger door so thaE he couId open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into driver and accelerated away from the curb. The officer ��a 5. Officer Beaudette asked Mr. Rosillo for his driver's license. a.c.....,. _ w,...�,..a ......,�..��,. ��'.�;?.:1�ia;��;.Ci;�� another . . . .,..: :.:...............:....:...:.....�. :..., :;.:- officer, Sergeant Strickla"ncl; 'irit'erveriec� and persuaclecl bTr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 tYiat charged Mr. Rosillo with failure to obey a police officer i��e�at�eri e€ ��{i�r�. S�at.- °�-58, sti�^�—�. The citation issued by Officer Beaudette for failure to obey an officer was not prosecuted by the City Attorney's Of£ice. .,.,. ...::.......:..: :.......__.... _:....:..:.:: :::...::.:...<.. ::�::-: :: .:::,..:.: :.;.::.,,.;,.,.;.. '�`:>: �:; ��:.>:?It�i;s�:1��:;.�I�c�se:d�:n��::.:;::��s,;��,��f. _�<�:�:;t'fs�;°:�se��: r.: <::;�:z::::..:.;:::�:>r::_::;::,: r.::.>r;�;.::::�:: �..<.:::...:.,. ;..:::;:::�:::::::�:.� � :....: :..... .. . . , . ... :.. .��,. number of the cab was 81. T-��r�a2-��,ae� €i��—a��-€�r� � 7 - loY�3 PROPOSED AMENDED CONCLUSIONS OF LAW 7. ��—�as �e� �e�s-��ate� t-�� Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer ...:...:::::.:......:::::»:<.,,...-:_:,........::-..::::<>....:...:;...-.-.... ...- -. -...;:.,.<.--.. .:- ...:_._ _�.,..._.-.:... ,... . . Beaudette €z�i::':'�'��t�on��:€.:;��?;i:c�tt�� :;�:?;:�:�::<:�s`;��i:�.<::�r�i".�;� : ��?- r.� 4 L. .. � G F -0 .. ^.�.. ... Ft -0 ...�. �,. :.:...:>..:� :.:.:....:.: . .. 3 ..:..�� . . L . . .. . ..>..:�::Y,°�:.::.':a.ti:�.>.'.::: .:>:.,::.:......<.:. ..-... .,... APC�S`�?:.L'�WC"ti�'X��'.'::.C;i:ir'"t..'�>�:.4'a:2tP:.`:'�'JE�i',F."�'�'.�`G3'I7=�.i':�:T�.T,S��''}'.r.�.�,.'`SE�x.£�t'S �� 9 7 -�oy3 12-2111-11095-3 STATE OF MINNESOTA OFFICE OFADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Taxicab License Held by Carlos Rosillo ' FINDINGS OF FACT, CONCLUSIONS AND License Id. Number 18477 RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Steve M. Mihalchick on June 5, 1997, at 9:30 a.m. in Room 41 of the St. Paul City Hail. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection of the City of Saint Paul ("the City"). Carlos Rosillo, 7540 Cloman Way, Inver Grove Heights, Minnesota 55076, appeared on his own behalf. The record in this matter closed on June 5, 1997, upon the close of the hearing. This Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code section 310.05(c-1), the City Council shall provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any adverse action recommended in this Report. The parties should contact the City Clerk to ascertain the- procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE The issue presented in this matter is whether it has been proven that Carlos Rosillo disobeyed a police officer when ordered to stop in violation of Minn. Stat. § 609.50, subd. 1, and if so, whether adverse action should be taken against the taxicab license heid by him. Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Carlos Rosillo works for City Wide Cab as a driver and holds the taxicab license number 18477. On the evening of March 14, 1997, Mr. Rosillo was driving City Wide cab number 81 in and around St. Paul. q � -l�y.3 2. Officer Baudette of the St. Paul Police Department was participating in an operation at Lee Lenore's, a massage parlor on Snelling Avenue in the Midway area of St. Paul that operates as a house of prostitution. The operation began on March 14, 1997 (a Friday night) and continued until the early morning of March 15, 1997. As part of the operation, all persons in the massage parlor were arrested, the premises were taken over by undercover officers, and the business operation (to outward appearances) continued unchanged with the intention of arresting all people that entered the parlor. Officer Baudette was in plain clothes, except for a raid }acket, with the word "POLICE" in large bright yellow letters on the front and back and police patches on each shoulder, a holstered gun belt, and his badge on a chain around his neck outside his clothing. The raid jacket snaps up the front, with the lettering being divided evenly between each side of the front. Officer Baudette's primary responsibility was to arrest men soliciting the undercover female officers for prostitution in the back rooms of the massage parlor. He was located in a room beyond the entry area and was able to observe people entering the front door on a television monitor that had been set up. 3. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Baudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Officer Baudette left the back room and pursued the employee, in order to arrest her. Officer Baudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the driver side with his head down. Officer Baudette was approximately ten feet from the cab, approaching from the front passenger side when he yelled "Police, you're under arrest, get out of the cab." At some point, the driver looked up and made eye contact with the officer. Officer Baudette again yelled that he was a police officer. The officer reached for the front passenger door so that he could open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The o�cer concentrated on avoiding being injured between the cab and a snowbank along Snelling Avenue. As the cab traveled north on Snelling Avenue, Officer Baudette noted the number of the cab was 81. The time elapsed from the driver first looking up and leaving the curb was a few seconds. 4. Officer Baudette called City Wide cab and asked that cab number 81 return to Lee Lenore's. Cab number 81, driven by Mr. Rosillo, returned to Lee Lenore's about twenty minutes later, but without his passenger. Officer Baudette asked Mr. Rosillo why he failed to stop. Mr. Rosillo stated that the passenger had said the man approaching the cab was a jealous ex-boyfriend and that Rosillo should "take off." City's Exhibit No. 1. Mr. Rosillo stated that he didn't know Officer Baudette was a cop . He also maintained that Officer Baudette did not have his raid jacket on when he came out of Lee Lenore's. Id. 5. Officer Baudette asked Mr. Rosillo for his driver's license. After a heated exchange, another officer, Sergeant Strickland intervened and persuaded Mr. Rosillo to surrender the license. Officer Baudette issued citation number 97-864240 that charged Mr. 2 1 7 - �0-4�!3 Rosilfo with failure to obey a police officer in violation of Minn. Stat. § 609.5�, subd. 1. The citation issued by Officer Baudette for failure to obey an officer was not prosecuted by the City Attorney's office. 6. On April 7, 1997, the City issued a notice of violation to Mr. Rosillo on the basis of the March 14, 1997 incident. City's Exhibit No. 4. The notice of violation includes notification of the appeal process. After receiving the notice, Mr. Rosillo orally requested a hearing before an Administrative Law Judge. On April 18, 1997, the City issued a notice of hearing, setting this matter for hearing on June 5, 1997. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 340A.415 and Saint Paul Legislative Code §§ 310.05 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. The City bears the burden in this matter of proving by a preponderance of the evidence that adverse action is warranted with respect to the taxicab license at issue. 3. The Saint Paul Legislative Code § 310.06(b)(6)(a) authorizes the St. Paul City Council to take adverse action against a licensee where: The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. 4. Minn. Stat. § 609.50, subd. 1 states in pertinent part: Whoever intentionally does any of the following may be sentenced as provided in subdivision 2: (1) obstructs, resists or prevents the ... apprehension of another on a charge or conviction of a criminal offense; (2) obstructs, resists or interferes with a peace officer while the officer is engaged in the pertormance of official duties �� Q� -��y,3 5. Minn. Stat. § 609.50, subd. 1, is a statute reasonably related to the licensed activity of driving a taxicab. 6. The evidence presented is insufficient to prove that Mr. Rosillo heard the officer identify himself as an officer, saw the word "POLICE" on the jacket, or in any other manner was aware that the officer was an o�cer. 7. It has not demonstrated that Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer Baudette on March 14, 1997. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foflowing: RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: that the Saint Paul City Council not take adverse action against the taxicab license of Carlos Rosillo. Dated this 25th day of June, 1997 V��f `-�� STEVE M. MIHALCHIC Administrative Law Judge NOTICE The City is respectFully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. Reported: Tape recorded (one tape). MEMORANDUM The City relies upon the existence of a violation of Minn. Stat. 609.50, subd. 1 to support the revocation of Mr. Rosillo's license. The statute requires that any obstruction to the duties of a peace offcer be done intentionally to constitute a violation. There has been no criminal conviction of the cited conduct by Mr. Rosillo. The City has not elicited any direct evidence from Mr. Rosillo that he intended to obstruct the actions of a police officer. Therefore, the circumstances of the incident cited to support the adverse action must be examined to determine if Mr. Rosillo acted with the required intent. The incident occurred about 11:30 p.m. on a Friday night outside a massage parlor. Mr. Rosillo had dropped off a female passenger, who entered the massage parlor. The area was lit by several street lamps. Mr. Rosillo was sitting in the driver's seat of his cab with his head down. He did not look up until the passenger reentered the cab, this time in a hurry. The only other person Mr. Rosiilo saw was a man running toward the cab, shouting. The passenger told Mr. Rosiflo to "take-off." The man was not wearing a uniform that would immediately identify him as a police officer. While the man was shouting, the 0 �?-�ay.� passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face. Mr. Rosillo argued that the danger inherent in the job makes leaving the curb a reasonable reaction to the circumstances he perceived. Driving a cab is a dangerous occupation. The City's inspector noted that a cab driver had been murdered in St. Paul within the past five years. A driver sensing danger may only have a few seconds to react to a situation and a few options with which to respond to it. Mr. Rosillo told the officer that upon looking up all he saw was someone rushing toward the cab. Mr. Rosillo also maintained that Officer Baudette was not wearing his raid jacket when he was approaching the cab. Officer Baudette testified that he assumed that Mr. Rosillo recognized him as an officer. But under the conditions of that night, it is entirely possible that Mr. Rosillo never saw the word "POLICE" on the front of the jacket of the man rushing toward him; the jacket may have been open, it was relatively dark, it happened quickly. Under different circumstances, a taxicab license could be revoked or suspended for obstructing an officer. If the officer was uniformed, if a squad car was present, if the driver acknowledged the police officer before taking some action to hinder the officer, then adverse action would be warranted. Here, the police went to great lengths to disguise their presence at the massage parlor and give the impression that all was "normal" at that business. Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of a cab lacks the opportunity to ascertain the identify of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. § 609.50, subd. 1. The Administrative Law Judge agrees with the City's position that persons licensed to drive taxicabs must obey the commands of police officers as a condition of retaining that licensure. But, the City has the burden to demonstrate that Mr. Rosillo violated that standard by a preponderance of the evidence, bearing in mind the seriousness of depriving a person of his livelihood. In Re Wang, 441 N.W.2d 448, 492 (Minn. 1989). The evidence relied upon by the City is the police officer's assumption of what Mr. Rosiilo saw and what Mr. Rosillo understood. Based on Mr. Rosillo's explanation to the officer of what happened and his argument presented at the hearing, the Administrative Law Judge concludes that the City's evidence is insufficient to support taking adverse action against his taxicab license. The Administrative Law Judge recommends that no adverse action be taken against the taxicab license held by Mr. Rosillo. S.M.M. E STATE OF MINNESOTA Gj � -lo-y3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 June 26, 1997 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Taxicab License Held by Carlos Rosillo; OAH Docket No. 12-2111-11095-3. Dear Mr. Owusu: Enclosed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. Also enclosed is the o�cial record and we are now closing our file. Sincerely, � t-�, rv�.��-P�-C/�, L�� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 SMM:Ic cc: Virginia D. Palmer Carlos Rosillo Providing Impartial Hearings for Government and Citizens An Equal Opportun Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 97 - /��Y�3 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 26th of June, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 12-2111-11095-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly envefoped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hail 15 West Kellogg Bivd. St. Paui, MN 55102 Carlos Rosillo 7540 Cloman Way Inver Grove Heights, MN 55076 Subscribed and sworn to before me this 26th day of June, 1997 � , C�,�r.e�,-�-c� Notary P blic � �. c�.,u-. Louise C. Cooper r M • CINDY ETIENNE ��. NOTARY PUBLIC-MINNESOTA ANOKA COUNiY My Comm. Ezpires Jan. 31, 2000 ■VWVWWVWWYWVWVW'�NWWVWVVV • �' � . . �7 -loy..3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL OAH FILE NO.: In re the Taxicab Driver's License of Carlos Rosillo 540 3' Street S� CITY'S PROPOSED EXHSBITS June 5, 1997 TO: Judge Steve Mihalchick, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on 3une 5, 1997. Exhibit No � Exh. No. 1 � Exh. No. 2 f� Exh. No. 3 � Exh. No. 4 S Description Police Report CN 97-035-241, dated March 14, 1997 (2 pp.); License information regarding Carlos Rosillo (1 p. ) ; Notice of Violation letter dated April 7, 1997, with Affidavit of Service (3 pp.); Notice of Hearing letter dated April 18, 1997, with Affidavit of Service (4 pp.). ��•� � 97 -/o�Y3 Also attached �lease fi=.d courtesy copies of applicable St. Paul City ordinances: St. Pau1 L�egislative Code St. Paul �egislative Code St. Paul �egislative Code St. Paul �egislative Code � 310.05 § 310.06 § 376.11 § 376.16 Respectfully submitted this 5th day of June, 1997. � � ��.P� Virgini D. Palmer Assista t City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 Page ST. PAULPOUCE DEPARTMENT �� g� " GENERAL REPORT r 1 of At ❑ Between: ot310 hrs. on and �• W A� � obc'l ct oLt ition of Crime Scene: Ti e of A ��f0 n�. sMa.t.,;, ,✓ d Bus. Phone: hrs.on ,'�". inr� �= _ il� s� S'`Td�J.,s�N,SSiO! I / IA � Crime Leb � Properiy Room I IJ ( �:��,a,s�'"��:��°�' 3� - `b" ��"�Y � �:%„NIIE� 1R�ff �°�.,��'',�;� �--�°N ��.'�'�... �`'��.. Arrest Number Last Name �� First / Middle Address DOB� �/Ag�� Race. �N i3 /2rs��t,Lo c,onLos /�03 os-o6-sa��l�r�tt�'v"/l7sc.3s� �s �� syo s � 3 sT ��FB 1,� Mn1,s6o98 � �N,�,� �� rA:tw,�� o �5�.� w o�,�� o;��ti, G,-�-,�� S P � ,i� pl �ic,�,.e.cfil/z� W�S A3siS�"iu5 �S t�Ge i..troi'� wr't�i c�. paos�"i'��%e� J / ��f�,.2 n7' 7ytJ �J-.�NCLL� . �„v,�s �n� Pi.,4,N �loi�cs�6w w�1s i a. s1��:�1. �a�r�e 1�r�1.��k�.t,o�d ��r 6Adye_ !J.1� 12r:�t �,v�t«trs Ro1-'�L �Ll..c, o,� `(�k �� <3�0� Oi^'�G JRJ�2� WNII�+J �N �t1ii`4 `t'rCLo� K�iLS /s �V�(GG S��✓�LLL. PSN +3011. � / .�xcOCS �1hc I�dLrcc i'A�"cfK3- A�A ��ftJ ON Q3'��` 77 �LJ105 µ�icjG 7+-!O N S,�eIL i✓1�1lth � G�fA. �MA� / � �.,��1Loi�ct T sj�o�.a �-P.. U� t,�<.�, Annt,Ml SwaS�o T �9nn�es�" f�u- !-a.� UiS��t,µj a d�so�.d� !^'oubG. 7!� UN�e�<�v��+<� Wdm.tn/ NA� GAV�'d Ar�c�SpOiCC w<'� n uN�estcp�,fcn. 07=�tc<n. .J3�c�e,fU.. I S/�c To�.�1 dt=i-'�un.'a3ebaA:,c.. s�c WAs �1G�y� a. C46� .9+1� ToLJ ot=l=�cr:�. .,3e6eA�s/�wtr� 13e. �.A�2. 2✓l�tnl 7/1+1 /=r�xALc s�(/aulc�l w� Sh� Snw al=f=i� 3Q5tA-.c. ANd r.�<.l o z i4�wNd A,�d G��=t; y k.wf"oti�'s;dc ! A�st �Icn.,.��1 �sAw Fk,� f��I%N5 z r� � c i''fY W t c�K /_�6��. ' f`� Ci4� WAS �=A�i AS Q o rJ -SNC.�<y� ANc� w1�S /Y�N0.ax 30 l'cc� � j 1 / / /N{-. �f+�- CA9 WAS AiSa t�ia�;;v5 dtneul�� '✓/A/�+ ry1Q. WI�Ie.J f1'�G �t�tALQ O O�N �✓G cA6s GJa�a � Ycl.l.�� ` �OLic.e Yor.�.�. c.t� A,+�.�5� - s c�'o.,..�'ot= Tl� � C�h, - yU/�c,d T Ytl.lzc� ��c% �a5 dn.�„crt.� l+ofi' �d�'i'1=�t:.� As �ic.�los 2nr �cb a�-�-s.�� Emi�l d��fC4' �tf mt.. r�. ►=1 � af" i"a -t7� �.AS �v�J st�� /c �002. ssisting Officer. Emp. No.: Reporting Offi< � eport Reviewed By. Emp. No.: O.T.: � [�Y �� No G`RF ❑ Ham ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab Rec �� Tea i � D/C ❑ Burg ❑ TheH ❑ Prop � CAU � P&F 0 Auto DAO (� CO _ �� Carlos Rosillo — City's Exhibit No. 1 I CONTINUE NARHATIVE HERE �Y ?3��s Tmt s i.�'A1 /Q��n-o,c )v (=ety' /=aoh.. r� ca�. noS, L�o �C��,N �,a�ticc� d«� �'Ly A�� Aa�wc n4Rdec�;� C z , � - ��fi 1�e �<<�� sa�,��-��-;� �Y�r= AS w�cl.tc.t �r=r-«�,t.. A s y c�' »�xt� r=r�" r,�r,w Z'�c c� ✓t�'a�L�o A��,v Car��l AT rne. Kuow.a� i� �`�C�o tA:J J� � vxvrTa �n! 'Tf�G [�Ca�l, Aj �os,C�o La��Jtrf' Mti 1,�e�.cf' Ti�c- oes' � C/n��-c /.4v.1 �jn, arFR�t� l�sil/'utf"e oJ��,eo, ��w�S's SL�,s%��And As 1 c{�ce•rt,A�lAV 7!'c. fqs -rd srrlccuAls ,7/c cA� F!LMOsfi +,: � .. J 12finlj� c:xa. 5� ��,qd L�t'e I�Sw+f orJ To 9� i/ci'��L.e, 6�.-.�..+A� /,�iQUC. I=cLL tirocl�.` Nt�c�t.- T1�_ T+�s•:�AGL 9' is f,nt� Swru Y�.LL�u-S nn-�tti�:vs �os�L[o 'ro s� �„��' /� n+�ac.o � t/�'c�. � .�- . � , -. ::: �s „ � ,; � ,� $�, • e- �, a �.y'.,�;.Y d x z - . : " � / �- Qr�7G2. �p?AC�u�I �w�S olu1� � yA�t iNS�c1G 7YcZ N• S(`�cL.1.,.�� CA�-12c.� C��`" INtc1� �A� ��,v� o�rl �/�c�n dis�lRf��cti. T n�Att� 7/�c. �IttJtn, pF Gob�� Cc�+.c�Ac.lC ��'�d N.S,�u,� A�p,�x a� M �� t-�,. 2as,C10 ��un..vr:.I AN� 1- �%D �Ntz��! �,� , As �'J�lc dn�,rc.�. !As�l /Lo�, CLa r'cr- !-�is Q. L 1 /,1c /�F'�sc�I fa ��u-�. �'�' TD �+IG sf�I;Nf ` � !'" y /l,�t��,d,�f"do /�rrf/•I.N � �d�d,v� kvo� 4'0-�. i.uc,�,e G- CoF � � /�NOi�cA. Di �t % RLk�� /Las�L.�o s iJ�f S /V7nJ s M^e, �is �1. L. �9�af=1=•<.cn. LJAS S 5',Rrc�tLRN� eh � t/�Gc t,lN��; �Kj<��O ��h..G Nc d��J� {G,vew � wA3 c��o O(=Frcrn.. �SA�c� �'"f�e. (�1✓.�clt�, (i✓o�r� i o�� /,:n 2 wRs w � eACc:� G.C-boYF=R� �vc1� �o�r! 9'l,I� 3 W � ei-�( 1�..� � r�lc� al-� Sc� i� c%i d.��„�n s s�� tl w�, f n+ /CA: �� clu� A�vd I�oS c LLo G��,o,,,�J ��,✓AsN?' L,re.4�,.�� tf �.�.1d �.�.Zi,,.�N�O:MS1�S� � zss�..�....1 l�s<L10 c,-l 97- %6��yD �o� 1=R<L�- �r7 �,5�:� � Po�,<e �,w�.� /LoS�C1 ` f1 t Tf� �s �AMR s,�,✓�' tl. . o �1.cP��:1 � �ic/,s �s .3,..i..ts , rs , �� GNLL c�-/ N,��S ,o,u..c my L.ow•Y�.... �o•�. w�4L �T n R � � YocuLs .��/1x /lo�tL�a c�.C��,Y oi= �I�c o�'�{'ArearJ� �,cPGa�nrcL � f��ni �aw !�e eo.•�.Cd �'�qkt r.C��.oI= iJc /��PL'e:1��s« �1Q �iJ CD�. �' � u/AS �Aj�ec! AN J I�t�cASGC[ . 9�-ioy3 Lic ID ................... STAT.••••• ............... Business Name............ Address .................. Zip .........•••.......... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 18477 AC ROSILLO, CARLOS 540 3RD ST SE 56096 CARLOS ROSILLO TAXICAB LICENSE 04/18/97 N/A 451-8056 DRIVER (RENEW) �I!!�!!�!!�l�I�l6----- - --__--_- -�■ _ Carlos Rosillo —' City's Exhibit No. 2 .. f � u CITY OF 5AINT PAUL Norm Colemme, Mayor April 7, 1997 NOTICE OF VIOLATION Carlos Rosillo 540 SE Third Street Winnebago, MN 56098 RE: Taxicab Driver License held by Carlos Rosillo License ID #: 18477 OFFIC� THE CITY ATTQRNEY Peg Birk,Z�r[y Attomey 97-�, Civil Division 400 Ciry Hall IS West Kellogg Blvd Saint Paul M'mnesota 55/02 Telephone: 672 266-8710 Facsimile: 671298-5619 Dear Mr. Rosillo: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your taxicab driver license based on the following information: On March 14, 1997 a uniformed police office was attempting to arrest a woman for visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, agaia identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. If you do not dispute that the above facts, please send me a letter so that the matter can be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the • _n _ _> ..... . _.�....__ _. ■ — Carios Rosillo City's Exhibit No. 3 ' � � administrative law judge. �� Q7-/ay:� Please let me know in writing no later than Monday, April 14, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, �S� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Christine Rozek, Troy Gilbertson Director of LIEP Deguty Director of LIEP l 1 i • 9 � - /� `�3 STATE OR MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 8, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street Winnebago, MN. 56098 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of April, 1997. /� ./�/- �/Y�/J� N tary Pu lic Z RITA f4/I. BOSSARD � �..� ` ,• N�TARYPU84IC-M1hIP1YESOTA RAAhSEY CAUfV7Y � A a � -. OFFICE OF THE CITY ATTORNEY Peg B"vh, Ciry Attorney �7�1d � CITY OF SAINT PAUL Norm Coleman, Mayor April 18, 1997 C"rviI Div'uion 400 Ciry Hall IS West Kellogg Btvd Saint Paul, M'mnesota 55702 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Te7ephone: 611266-8710 Facsimile: 6I2 298-5619 Please take notice that a hearing will be held at the following time, date and place concerning your Taxicab Driver's license: Date: Thursday, June 5, 1997 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Rellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Steve Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 31�, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intcxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other �� — Carlos Rosillo City's Exhibit No. 4 �7-�oY3 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman £or visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police: You're under arrest, get out of the cab!" The o£ficer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove otf, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �� 9 7 - /U �f,3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �/�C.�, �: �'—� ^�c�1 v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3 3 9� -ioy3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 18, 1997, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street St. Paul, MN. 56096 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of April, 1997. -�� /�� r Notary Public � RlTA M. BpSS�4F�D � � � NOTARYPUBLIC—f::t:i;,c;�TA S _ < RR�S=Y CCU;�i i'f ■��;+; �My COmm. Er.p:;es Jan. 37, 20�p � s 0 § 6 09.498 �me (a1 inten �oa�a� bed - or s �es or i nteationall CR �ans of � dis �11IIVAL CODE aut5orized bY law,• a wifaess from a nding'or rzs ' y �� 3 �(4)� or 5 �llade by Subdroision I, Prev�n� or ( b ) bY means of y la 3e �b at anY 4iai, Pro��g o��°4� falseIy at �Y ecerces o att emP�s to 4�7' authorized b� ob ��become�w (3), (47, or {5), (c) inten o� ' Proceedi�g, or in aet des c r I bed in sect�onents or d i ssuades or a#e Y 1acr; tness �� Ib �annation fo Iaw �orcement auth� Mbe c � or (�> a�� on Y tIlea � �Y iretenti m� of y aet des g a'ime; or fi' prov�� 4'ime �Y ecerces or attem �'.bed 'm seetion 609 to law e nforcement au �ts to ecerce a Person � subdi�,y�on 1, �] Amended b � lSee tO Provcde false �� 8 Y Lawa 19g9, e 294, $§ 1 2, eff. A'nain volu�rty f 3J - . g 1, I987� Iaws 1 9g5, e. ?s14. $ 18. 1�7 LeBislation H �fOrica� �d Statutory N The 198? araend � - . �� For form f subd� w1�ta �� ; 13e�I 9 �ase n�� cls. (c) and ume. �. 1, �rime p effe�� Aug ' P�i� �at� this amend- § 8at mendin �� g3, P��% `Yntentionyi�• ment 199 c. an or afr,�r E}�at date. pP to aad apPlies t g a'�ua�es I) u�3'eetive Augus 2� 2� 609.50. 06st ��. C Om�tted on or y� �t ��huetion 3ubdivisionructin8 le8a1 process. arrest, or fireS 6 � enfozrement a as provided in subdii� in Shttng S.Ct. 23;v. �°�O�1y does any of the folloming may ��n�nced ( obstruca , hinder� or�f � oa a u fW esecution of anv � or APrehension Areven (2) obstruet�, resists, �o�er �e� Ae�o��nan�e ofof °r 'n�rferes tc� � °L convietion o g a Proeess, civi] or heial dut�e � a peace officer wtu2e � offense; 1a�3) interfares with or obs the officer ' �1 order ofa firefighte �� e Pre��enbo � engyged � the (4) b Aresent at the � e �b'�tishing of y Y foree or threat of force �e� or �'e, or c�obeys � revenue whiie t� emp10 ee endeavors to ob, P�'Pose of zz�� or ,„ �rferin Y engyged in [�h perfo emp2o`ee of the de dete wfia1� Subd 2, penalt 4 g S°�th the Perfo �ance of ofEciat d rnt of foIlows. y � Person �ce of those duties. the bo �� or t w'as com withnvicted of violating subdivision 1 may be sentenced as � h seMo � r t y a��, or th e �a t' created a risk of death, subs cvithout� e o1'fice�s�$ ent� t0 take the offieeYs fireed fhe ' tau � �e of not more tha� S�0 �� t0'�PMSOnment for n �� ( if the or 6oth; more t� from the offfcer's�ng of a acE w �&ce years or to Possession for not more tha onec��Pan'ed by foree or PaY�eni of a � in other ye� or � �olence or �� case� to , AaYment af a$ne of not �at thereof, to itn more tt�� g�� or bot1�P�0�ent for not a'Qre than � ppp PI'isonment Amended more tha� yp or both; or i9si, e.1A3, § IaFJ$ z988. e. �§ I, eff da or to paYtnent of a fine of not AP � �"`', � Lams 19gg, c. 5§ 4, eff. Aug. I, 2989; Laws � 200 � Car(os Rosipo � City=S �hibit No, 5 s G! 7 CRItii Q Derivatic St. Ig� Laws 1: aw Laws l< Laws19 Lams 19 Laws 19� St 1961, St. ls2r Gea St 7 Gen. St 1 Rev. � iy; �. Sc l; Pen, Code Gen.3L lE Lams 28'!4, t988 Legislai The 2988 a mith referenc officer. Befenses ? x9res. intedem: 1. Val�dity Prolvbition in manee of o aith prohibition w � cat obstnccrion o: s2antialtY fivsfrati mance of dutles, verbat eri��sm di� interruPting ofriee Brawskl', 19�, 42E Misdemeanor p�r tionally interfering performattce of offi �s�c Foi cleaz2y Pmhi6ited siruction or :nterfer formance a; his dcf: �"�'7 or diacMm�n Krawsky, I98&, 4?6 3 �. Fizes, interfe� DePUty state fire tion with fue gg5te: they agz�d rq let f mbic�h sa�nstrucdos constiLUCz upqn �� I physical STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ��_� b L�3 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 April22, 1997 Peter P. Pangbom, Paralegal Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Taxicab Driver's License Held by Carlos Rosillo OAH Docket No. 12-2111-11095-3 Dear Mr. Pangborn: As requested in your letter of April 18, 1997, enclosed is a subpoena requiring the attendance of Officer William Beaudette at the hearing on June 5 in the above- referenced matter. Sincerely, � � ?�7 ��'��c� �� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 Sn Enc. Providing impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 q�,�o�N3 .� � �..-- � �� : �)� STATE OF MINNESOTA OFFICE OF ADMIIVISTRATIVE HEARINGS fffARING SUBPOENA TO: Officer William Beaudette, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Steve M. Mihalchick of the O�ce of Administrative Hearings of the State of Minnesota, at St. Paul Ciry Hall, Room 41, in the City of St. Paul, Ramsey County, Minnesota, on Thursday, the 5th day of June, 1997, at 9:30 o'clack in the forenoon, to appear as a witness in the matter of the Taxicab Driver's License Held bv Carlos Rosillo. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22nd day of April, 1997. E. � � � °� Law Judge 612/341-7600 Subpoena requested by: Virginia Palmer, Assistant City Attorney; 612/266-8710 OFFICE OF THE CITY ATTORNEY Timothy E. Mar� City Attorney �.� /Q ,y �j J CI� �F' Still V T Pfi�. - �J �' --~ Civil Division Nonrs Coleman, Mayor `,-, � n ,� , �, 4QO,City Hall Telephone: 612 266-8770 ' �=� •� =— �•_� <'IS�estKelloggBlvd. Facsimi7e: 612298-5619 _ Sain! Panl, Mmnesata 55102 E , . --. ,.. � . [-,: , : ; : _ t.�. _ -. �.�J U"� � April 18, 1997 '� 1 �, � � R J 3 Judge Steve Milia.lchick l a c/o Louise Cooper OfFice of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: T�icab Driver's license held by Carlos Rosillo Dear Judge Mihalchick: The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Thursday, 3une 5, 1997. This request is made on behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling this witness to testify regarding the incident which serves as a basis for the action against the Taxicab Driver's license of Mr. Carlos Rosillo. In order to ensure this individual will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings a subpoena for the following individual: 1.) Officer William Beaudette St. Paul Police Dept. 100 E. l lth Street St. Paul, MN 55 i Ol The hearing is scheduled to start at 9:30 a.m. on Thursday, June 5, 1997, in Room 41 St. Paul City Hall, 15 West 4th St., St. Paul, NIN 55102. If you need additional information or have any quesfions regazding this request, please do not hesitate to ca11 me at 266-8776. Thank you. ,• . ii ,�. Y � � � N " Peter P. Pangborn Paralegal CITY OF SAINT PAUL Norm Coleman, Mayor OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Attorney R�-�oN3 ' � � Civil Division � z a�] j t s. ; rn, nq�0 City Hall Telephone: 612 266-8710 � r t=,.";: L; f�� - =� �QS1KelloggBlvd Facsimik: 671198-5619 . - - - - - � Samt Pau� M'mnesom 55102 i :_, � .,.. -� April 18, 1997 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Please take notice that a hearing-will be held at the following time,. date and place_concerning your Taxicab Driqer's license: Date: Time: Place: Thursday, June 5, 1997 9:30 a.m. Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve Mihalchick Office of Administrative Hearinga 100 S4ashington Square, Suite 1700 Minneapolis, bII�. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other 97-��13 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman for visitiag a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �7ri6N.3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, r/��,�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3 Council File # �R _ � �3 RESOLUTION 4NT PAUL, MINNESOTA Presented By RESOLVED, that the taxicab driver's license of Cazlos Rosillo, License ID# 18477, is hereby revoked for an incident on March 14, 1997 in which he obstructed a police officer in the execution of his job. FURTHER RESOLVED, that the Findings of Fact and Conclusions of the adininistrative 1aw judge in this matter contained in the Report dated June 25, 1997, are expressly ratified and are adopted as the written findings and conclusions of the Council in this matter, except as modified below. The reasoning of the Memorandum of the Administrative Law Judge attached to the findings and conclusions is not adopted. The recommendation of the Administrarive Law Judge is also not accepted. FURTHER RESOLVED, that the following amendments to the Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: "3. A female officer at the desk took a call from a female employee of the massage parlar, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approafimately 11:30 pm., the female employee walked in, saw fhe undercover female officers in the massage parlor and immediately left. Officer Beaudette left the back room and pursued the employee, in order to anest her. Officer Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the ,.. , . driver side with his head down. �3i�:'Y�e?�`�i��;:Cr}��e�;'; .�:;� �1�tq Officer Beaudette was approximately ten feet�from the�cab, approaching from the front . � .. . ....:. . . ...::.:..... ...>::;: .� . _ . .,>.. ;.. passenger side �v�ierr-ke ::��:;�e-°�-aippr��;i<�} : ,,�};B�t;�1� yelled "Police, you're under arresf, get�out of the cab.'' ^* °� ° :�* *'��a�:°�- was a t�x,ag;� ine omcer reacnea ror tne nont passenger aoar so mat ne coma open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The officer ��°�'-�*°a �� -��-'��-'�°�^�- on Green Sheet # ,�0�,��Z., Beaudette noted the number of the cab was 81. 'T''�° '�~~° °'°~°°a ��~• "�° q 7 l0'{3 2. Finding of Fact No. 5. is hereby amended to read as follows: "5. Officer Beaudette asked Mr. Rosillo for his driver's license. "�� e�g� �:��#pzz��s�';fti;;��::�r��t� another officer, Sergeant Strickland, infervened and persuaded Mr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 that charged Mr. Rosillo with failure to obey a police officer �- •��'�'��^ ��"��^�. °•�• ��nn cn ,,.,w },�� 3. A new Finding of Fact No. 7 is hereby adopted to read as follows: ,. . . . . ..... . . .::. _-:..� :�- ...�.. ,. � . _ ...,..,....,, . . ........ . : ::.. ,..,..:...� "'��°€�:�;'R4�ailia;�t��;r�i�f ta;�sfifY 4. Conclusion of Law No. 6 is hereby amended to read as follows: 5. Conclusion of Law No. 7 is hereby amended to read as follows: "7. Mr. Rosillo intentionally obstructed a officer when he failed to stop for Officer Beaudette iijt'.'�'��iS�: ip; c?��S on This Resolution is based upon the record of the proceedings before the Administrative Law Judge on June 5, 1997, the documents and exhibits introduce therein, the Findings of Fact and Conclusions of the Admniistrative Law Judge as modified and amended herein, the written submissions by counsel far the Office of License, Inspections and Environxnental Protection and the arguments and statements of the parties on August 13, 1997, as well as the deliberations of the Council in open session on that date. �-� `'-°"'-° �`r�� -°�° °° -�°�_ was awaze that the person approaching the cab was a police officer." 1 A copy of this Resolution , as adopted, shall be sent by first class mail to the 2 administrative law judge, and to the licensee, Carlos Rosillo. e �� I O � 3 _� BY� , ��a, t' Approved by Mayor: Date �I�S�C� By: �. ��-�- Requested by Department of: Ey: Form Approved by City Attorney BY � � t/ 1h9,/iY�� ` ) I `�C3,P "+^�e/\ By: by Mayor for Submission to Adopted by Council: Date c'3. \ Adoption Certified by Council Secretary N°_ 50532 DEPA T/OFFICEFOUNCIL DATE WITIATED �� `O � � GREEN SHEE � _ INITIAVOATE �NITIAVOATE O DEPARTMENT DIRECTOR � CITV COUNCIL � ASSIGN OCITYATTORNEV OCITYCLEFK MUST��{�pU�l,'�l, A(f¢�BY (OATE) NUMBER iOfl O BUDGET DIRECTOR ��IN 8 MGT. SEPVICES DIR. �� ROUTING ORDEN � MAYOR (OR ASSISTAN'n � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FE�UESi'ED: Revoking the tazicab driver's license of Carlos Rosillo, License ID#18477. FECOMMENDATIONS� Approve (A) or Re�ect (R) PERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOLLOWING �UESTION3: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl under a conlreM for this department? _ CIB COMMITfEE _ �'ES NO _ yTAFF 2. Has this personffirm ever been a ciry employee? — YES NO _ DISTRICT COUR7 _ 3. DoeS tfiis personlfirm possess a skill not normally possessed by any curceM city empfoyee? SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO Explain all yes answers on separafe sheet antl attaeh to green sheet . IN�TIATING PR08LEM, ISSUE. OPPORTUNITY (Who. What, When. Where. Why) A�VANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVEO: TOYAL AMOUNT OF TRANSACTION S COS7/RE�ENUE BUDGETEU (CfRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIALINFORIFATION (EXPLAIN) �!7- /oy3 Interdepartmental Memorandum :N�'��T. •Y.\I�� ' � 1J � - �Ss� � - � 4'�6{�s AE�� 18 1997 DATE: August 15, 1997 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: Peter Pangborn Paralegal 400 City Hall RE: Consent Agenda - August 27, 1997 l. Carlos Rosillo ATancy : Attached is the signed resolution identifying the penalty imposed by the City Council on Mr. Carlos Rosillo. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, August 27, 1997. Thanks. Sinc e: Peter P Paralegai 97 � /dy� OFFICE OF THE CITY ATTORNEY Peg Bir15 Crty Attarney —w �� W CITI' OF SAINT PAUL Civil Division Norm Colemmt, Mayor 400 City Hall Zelephone: 672 266-8770 ISWestKelloggBlvd Facsbnile:672298-5679 Saint Paul �nnesota 55101 July 30, 1997 �U�ri s �!i �=:,?,?�' a`�t �i�' NOTICS OF COUNCIL AEARING tt Cazlos Rosillo 540 SE Third Street Winnebago, Minnesota 56098 RE: TaYicab Driver's License heid by Carlos Rosillo Licerise ID #: 18477 Our File Number: G97-0198 Dear Mr. Rosiilo: .J�;f ,, i�� , � Please take notice that a hearing on the report of the Admuustra6ve Law Judge conceming the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, August 13,1947, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please find a copy of our Written Exceptions to the ALJ's report which we are filing with the CiTy Clerk. You also have the opportunity to file exceptions to the ALJ's report with the City Clerk and this can be done at any time during normal business hours. You may also present oral or written azgumern to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council wiil 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. T - Sincerely, �/,�.�- �C-�.� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Q ? - /0%�3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL Case No. 12-2111-10095-3 In the Matter of the Taxicab Driver's WRITTEN License held by Carlos Rosillo EXCEPTIONS I. Recommendations of the ALJ The ALJ has recommended that no adverse action be taken against the taxicab driver's license of Carlos Rosillo, based upon his finding that the City failed to prove by a preponderance of the evidence that the licensee intentionally obstructed a peace officer on March 14, 1997. II. LIEP Position The Office of License, Inspections and Environmental Protection (LIEP) believes that the evidence in the record supports additional Findings of Fact and Amended Conclusions of Law, that there was sufficient proof that Carlos Rosillo intentionally drove away in his taxicab with a passenger that a Saint Paul Police Officer was trying to arrest, after the officer repeatedly identified himself as a police officer and ordered the passenger to stop because she was under arrest. The City Council is requested to adopt the new and amended Findings of Fact and Conclusions attached hereto, and to revoke the taxicab driver's license of Carlos Rosillo. III. Issue The Administrative Law Judge found that the City had not proved by a preponderance of the evidence that the licensee heard the officer identify himself as a police of£icer, saw the word "POLICE" on the officer's jacket or in any other manner was aware that the person attempting to stop the cab was a police officer. A "preponderance of the evidence" means evidence which would lead the trier of fact to believe that it is more likely than not that the 9 7 -/oy3 case is true. If there is the slightest tipping o£ the scales in the direction of the City by credible evidence, then the City has proved its case. Quam v. General Acc. Ins. Co. of North America, 411 N.W.2d 270 (Minn. App. 1987). The ALJ's Findings of Fact and the memorandum make reference to arguments made by Mr. Rosillo. The evidence was presented through the testimony of Officer Beaudette, the license inspector and the exhibits, including the police report written by Office Beaudette at the time of the incident. However, the licensee chose not to testify on his own behalf, and was therefore not subject to any cross-examination. The argument of the licensee cannot be considered as evidence. At the hearing, Officer Beaudette testified to the events surrounding his attempt to arrest a female at 740 North Snelling Avenue, where police were operating an undercover vice detail at Lee Lenore's Sauna. He testified that a woman had called and stated that she would be late to work, identifying herself as an employee. Police intended to arresti her on arrival for visiting a disorderly house. Officer Beaudette saw her walk into 740 North Snelling, observe that the premises were under the control of the police and then turn and leave. He went outside to arrest her and saw her getting into a cab facing north on Snelling, approximately 30 feet away. The cab was parked south of the sauna and he was looking at the cab from the front. He further testified that while the cab door was open and the female was getting in he yelled "Police! You're under arrest! Get out of the cab!" As he yelled this, the cab driver looked directly at Officer Beaudette, who testified that he was wearing a police raid jacket. Officer Seaudette displayed the jacket, which is blue with large gold letters spelling out POLICE on the front and back, with police patches on both arms. Officer Beaudette testified that he made eye contact with the driver when he was about 10 feet away from the vehicle and again yelled out, identifying himself as a police officer. He then saw the driver again look at him, so Officer Beaudette reached for the front passenger door, at which time the cab driver put the cab in drive and drove off at a high rate of speed. Officer Beaudette was nearly run over as the cab spun sideways in the snow and had to hold on to avoid falling under the tires. During this whole time he continued yelling, stating that he was a police officer and telling Rosillo to stop the cab. Mr. Rosillo did not testify. He did cross examine the witnesses, and he presented some argument, but no testimony was presented to contradict that of Officer Beaudette and the license inspector. The license inspector testified that he considered this incident to be serious enough to warrant revocation of the taxicab driver's license both because of the action of the cab driver in ignoring a police officer's order to stop and preventing an arrest, and because of the reckless nature of the driving used by the taxicab driver as he sped away from the scene. The memorandum of the administrative law judge accepts as fact ��-i��/3 matters which were not testified to and are not part of the record. Mr. Rosillo did argue that the job oP a taxi driver is inherently dangerous, and the City inspector did acknowledge on cross- examination that a cab driver had been murdered in Saint Paul within the past five years. Nevertheless, the police officer testified at the hearing, under oath, that he was wearing a raid jacket, which he displayed and which says "POLICE" in large gold letters which stand out on the blue background. He testified thati the jacket lettering was visible. Mr. Rosillo did not take the stand and state under oath that Officer Beaudette was not wearing the jacket, nor was there any evidence that the jacket was open. Of£icer Beaudette testified that the visibility was good, and that it had recently snowed but was not snowing at the time of this incident. He testified that the lighting conditions included street lights on Snelling Avenue and that Mr. Rosillo looked at him several times. The memorandum states that °While the man was shouting, the passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face.�� This is particularly troubling since these matters were not part of the testimony. Again, Mr. Rosillo chose not to testify, and anything that he argued was not subject to cross-examination and cannot be considered evidence. Equally troubling is the assumption made by the administrative law judge that: Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of the cab lacks the opportunity to ascertain the identity of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. �609.50, subd. 1. There is nothing in the record to support the assumption that "trouble" is so standard at this location that Mr. Rosillo would be justified in believing that a man dressed in a police jacket and yelling that he is a police officer is anything other than what he says he is. Mr. Rosillo did not lack the opportunity to determine the identity o£ the officer. Despite his contention that the job of driving cab is so dangerous, there was no testimony to establish that this person running towards his cab was in any way a danger. There was no testimony that he was threatening, no testimony that he carried or displayed a weapon, no testimony that Mr. Rosillo was afraid of him, in short, no testimony at all to substantiate this entire paragraph in the memorandum. All the testimony supports the determination that Mr. Rosillo had every opportunity to know that the man running towards the cab was a police officer. Finally, the administrative law judge made a finding that the ticket issued by the police officer was not prosecuted by the City 9 � - �ay,3 Attorney's Office. The fact that a case was not prosecuted criminally does not prevent a civil action from being based upon the same set of facts. Even if Mr. Rosillo had been prosecuted and acquitted, the civil license hearing can still go forward. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). For all of the foregoing reasons, it is the position of the Office of License, Inspections and Environmental Protection that support exists in the record for the Council to adopt the proposed amended findings of fact and conclusions, and to take adverse action against the taxicab driver's license of Carlos Rosillo. Dated this 30th day of July, 1997. � � Virgini D. Palmer Assista City Attorney 400 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 (612) 266-8710 Attorney for LIEP �7 - / PROPOSED AMENDED FINDINGS OF FACTS 2. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Office Beaudette left the back room and pursued the employee, in order to arrest her. Office Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the .. .. ..... . . ..... .. . ....... .. ...... . ..... .... .. ........... fron on the driver side with his head down. [��i��;i_�Ia�;';�e��`>�i��s�ii��l ...,.::...� ....:.....:::.:.....�: :;� �:; ......,:;,....:.. ,. �;kiE;<i�a�:�,�;tq��; Officer Beaudette was approximately teri feet froin'tIie .:..._�. .. cab, approaching from the front passenger side A� ��.;';�� . ,.:, � .... ..... ....... . . �;�p�`C��1�`T�� zCe� �e��l.'�a€;'C[�� yelled "Police, you're under arrest, . for Ehe front passenger door so thaE he couId open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into driver and accelerated away from the curb. The officer ��a 5. Officer Beaudette asked Mr. Rosillo for his driver's license. a.c.....,. _ w,...�,..a ......,�..��,. ��'.�;?.:1�ia;��;.Ci;�� another . . . .,..: :.:...............:....:...:.....�. :..., :;.:- officer, Sergeant Strickla"ncl; 'irit'erveriec� and persuaclecl bTr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 tYiat charged Mr. Rosillo with failure to obey a police officer i��e�at�eri e€ ��{i�r�. S�at.- °�-58, sti�^�—�. The citation issued by Officer Beaudette for failure to obey an officer was not prosecuted by the City Attorney's Of£ice. .,.,. ...::.......:..: :.......__.... _:....:..:.:: :::...::.:...<.. ::�::-: :: .:::,..:.: :.;.::.,,.;,.,.;.. '�`:>: �:; ��:.>:?It�i;s�:1��:;.�I�c�se:d�:n��::.:;::��s,;��,��f. _�<�:�:;t'fs�;°:�se��: r.: <::;�:z::::..:.;:::�:>r::_::;::,: r.::.>r;�;.::::�:: �..<.:::...:.,. ;..:::;:::�:::::::�:.� � :....: :..... .. . . , . ... :.. .��,. number of the cab was 81. T-��r�a2-��,ae� €i��—a��-€�r� � 7 - loY�3 PROPOSED AMENDED CONCLUSIONS OF LAW 7. ��—�as �e� �e�s-��ate� t-�� Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer ...:...:::::.:......:::::»:<.,,...-:_:,........::-..::::<>....:...:;...-.-.... ...- -. -...;:.,.<.--.. .:- ...:_._ _�.,..._.-.:... ,... . . Beaudette €z�i::':'�'��t�on��:€.:;��?;i:c�tt�� :;�:?;:�:�::<:�s`;��i:�.<::�r�i".�;� : ��?- r.� 4 L. .. � G F -0 .. ^.�.. ... Ft -0 ...�. �,. :.:...:>..:� :.:.:....:.: . .. 3 ..:..�� . . L . . .. . ..>..:�::Y,°�:.::.':a.ti:�.>.'.::: .:>:.,::.:......<.:. ..-... .,... APC�S`�?:.L'�WC"ti�'X��'.'::.C;i:ir'"t..'�>�:.4'a:2tP:.`:'�'JE�i',F."�'�'.�`G3'I7=�.i':�:T�.T,S��''}'.r.�.�,.'`SE�x.£�t'S �� 9 7 -�oy3 12-2111-11095-3 STATE OF MINNESOTA OFFICE OFADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Taxicab License Held by Carlos Rosillo ' FINDINGS OF FACT, CONCLUSIONS AND License Id. Number 18477 RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Steve M. Mihalchick on June 5, 1997, at 9:30 a.m. in Room 41 of the St. Paul City Hail. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection of the City of Saint Paul ("the City"). Carlos Rosillo, 7540 Cloman Way, Inver Grove Heights, Minnesota 55076, appeared on his own behalf. The record in this matter closed on June 5, 1997, upon the close of the hearing. This Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code section 310.05(c-1), the City Council shall provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any adverse action recommended in this Report. The parties should contact the City Clerk to ascertain the- procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE The issue presented in this matter is whether it has been proven that Carlos Rosillo disobeyed a police officer when ordered to stop in violation of Minn. Stat. § 609.50, subd. 1, and if so, whether adverse action should be taken against the taxicab license heid by him. Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Carlos Rosillo works for City Wide Cab as a driver and holds the taxicab license number 18477. On the evening of March 14, 1997, Mr. Rosillo was driving City Wide cab number 81 in and around St. Paul. q � -l�y.3 2. Officer Baudette of the St. Paul Police Department was participating in an operation at Lee Lenore's, a massage parlor on Snelling Avenue in the Midway area of St. Paul that operates as a house of prostitution. The operation began on March 14, 1997 (a Friday night) and continued until the early morning of March 15, 1997. As part of the operation, all persons in the massage parlor were arrested, the premises were taken over by undercover officers, and the business operation (to outward appearances) continued unchanged with the intention of arresting all people that entered the parlor. Officer Baudette was in plain clothes, except for a raid }acket, with the word "POLICE" in large bright yellow letters on the front and back and police patches on each shoulder, a holstered gun belt, and his badge on a chain around his neck outside his clothing. The raid jacket snaps up the front, with the lettering being divided evenly between each side of the front. Officer Baudette's primary responsibility was to arrest men soliciting the undercover female officers for prostitution in the back rooms of the massage parlor. He was located in a room beyond the entry area and was able to observe people entering the front door on a television monitor that had been set up. 3. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Baudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Officer Baudette left the back room and pursued the employee, in order to arrest her. Officer Baudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the driver side with his head down. Officer Baudette was approximately ten feet from the cab, approaching from the front passenger side when he yelled "Police, you're under arrest, get out of the cab." At some point, the driver looked up and made eye contact with the officer. Officer Baudette again yelled that he was a police officer. The officer reached for the front passenger door so that he could open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The o�cer concentrated on avoiding being injured between the cab and a snowbank along Snelling Avenue. As the cab traveled north on Snelling Avenue, Officer Baudette noted the number of the cab was 81. The time elapsed from the driver first looking up and leaving the curb was a few seconds. 4. Officer Baudette called City Wide cab and asked that cab number 81 return to Lee Lenore's. Cab number 81, driven by Mr. Rosillo, returned to Lee Lenore's about twenty minutes later, but without his passenger. Officer Baudette asked Mr. Rosillo why he failed to stop. Mr. Rosillo stated that the passenger had said the man approaching the cab was a jealous ex-boyfriend and that Rosillo should "take off." City's Exhibit No. 1. Mr. Rosillo stated that he didn't know Officer Baudette was a cop . He also maintained that Officer Baudette did not have his raid jacket on when he came out of Lee Lenore's. Id. 5. Officer Baudette asked Mr. Rosillo for his driver's license. After a heated exchange, another officer, Sergeant Strickland intervened and persuaded Mr. Rosillo to surrender the license. Officer Baudette issued citation number 97-864240 that charged Mr. 2 1 7 - �0-4�!3 Rosilfo with failure to obey a police officer in violation of Minn. Stat. § 609.5�, subd. 1. The citation issued by Officer Baudette for failure to obey an officer was not prosecuted by the City Attorney's office. 6. On April 7, 1997, the City issued a notice of violation to Mr. Rosillo on the basis of the March 14, 1997 incident. City's Exhibit No. 4. The notice of violation includes notification of the appeal process. After receiving the notice, Mr. Rosillo orally requested a hearing before an Administrative Law Judge. On April 18, 1997, the City issued a notice of hearing, setting this matter for hearing on June 5, 1997. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 340A.415 and Saint Paul Legislative Code §§ 310.05 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. The City bears the burden in this matter of proving by a preponderance of the evidence that adverse action is warranted with respect to the taxicab license at issue. 3. The Saint Paul Legislative Code § 310.06(b)(6)(a) authorizes the St. Paul City Council to take adverse action against a licensee where: The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. 4. Minn. Stat. § 609.50, subd. 1 states in pertinent part: Whoever intentionally does any of the following may be sentenced as provided in subdivision 2: (1) obstructs, resists or prevents the ... apprehension of another on a charge or conviction of a criminal offense; (2) obstructs, resists or interferes with a peace officer while the officer is engaged in the pertormance of official duties �� Q� -��y,3 5. Minn. Stat. § 609.50, subd. 1, is a statute reasonably related to the licensed activity of driving a taxicab. 6. The evidence presented is insufficient to prove that Mr. Rosillo heard the officer identify himself as an officer, saw the word "POLICE" on the jacket, or in any other manner was aware that the officer was an o�cer. 7. It has not demonstrated that Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer Baudette on March 14, 1997. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foflowing: RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: that the Saint Paul City Council not take adverse action against the taxicab license of Carlos Rosillo. Dated this 25th day of June, 1997 V��f `-�� STEVE M. MIHALCHIC Administrative Law Judge NOTICE The City is respectFully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. Reported: Tape recorded (one tape). MEMORANDUM The City relies upon the existence of a violation of Minn. Stat. 609.50, subd. 1 to support the revocation of Mr. Rosillo's license. The statute requires that any obstruction to the duties of a peace offcer be done intentionally to constitute a violation. There has been no criminal conviction of the cited conduct by Mr. Rosillo. The City has not elicited any direct evidence from Mr. Rosillo that he intended to obstruct the actions of a police officer. Therefore, the circumstances of the incident cited to support the adverse action must be examined to determine if Mr. Rosillo acted with the required intent. The incident occurred about 11:30 p.m. on a Friday night outside a massage parlor. Mr. Rosillo had dropped off a female passenger, who entered the massage parlor. The area was lit by several street lamps. Mr. Rosillo was sitting in the driver's seat of his cab with his head down. He did not look up until the passenger reentered the cab, this time in a hurry. The only other person Mr. Rosiilo saw was a man running toward the cab, shouting. The passenger told Mr. Rosiflo to "take-off." The man was not wearing a uniform that would immediately identify him as a police officer. While the man was shouting, the 0 �?-�ay.� passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face. Mr. Rosillo argued that the danger inherent in the job makes leaving the curb a reasonable reaction to the circumstances he perceived. Driving a cab is a dangerous occupation. The City's inspector noted that a cab driver had been murdered in St. Paul within the past five years. A driver sensing danger may only have a few seconds to react to a situation and a few options with which to respond to it. Mr. Rosillo told the officer that upon looking up all he saw was someone rushing toward the cab. Mr. Rosillo also maintained that Officer Baudette was not wearing his raid jacket when he was approaching the cab. Officer Baudette testified that he assumed that Mr. Rosillo recognized him as an officer. But under the conditions of that night, it is entirely possible that Mr. Rosillo never saw the word "POLICE" on the front of the jacket of the man rushing toward him; the jacket may have been open, it was relatively dark, it happened quickly. Under different circumstances, a taxicab license could be revoked or suspended for obstructing an officer. If the officer was uniformed, if a squad car was present, if the driver acknowledged the police officer before taking some action to hinder the officer, then adverse action would be warranted. Here, the police went to great lengths to disguise their presence at the massage parlor and give the impression that all was "normal" at that business. Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of a cab lacks the opportunity to ascertain the identify of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. § 609.50, subd. 1. The Administrative Law Judge agrees with the City's position that persons licensed to drive taxicabs must obey the commands of police officers as a condition of retaining that licensure. But, the City has the burden to demonstrate that Mr. Rosillo violated that standard by a preponderance of the evidence, bearing in mind the seriousness of depriving a person of his livelihood. In Re Wang, 441 N.W.2d 448, 492 (Minn. 1989). The evidence relied upon by the City is the police officer's assumption of what Mr. Rosiilo saw and what Mr. Rosillo understood. Based on Mr. Rosillo's explanation to the officer of what happened and his argument presented at the hearing, the Administrative Law Judge concludes that the City's evidence is insufficient to support taking adverse action against his taxicab license. The Administrative Law Judge recommends that no adverse action be taken against the taxicab license held by Mr. Rosillo. S.M.M. E STATE OF MINNESOTA Gj � -lo-y3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 June 26, 1997 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Taxicab License Held by Carlos Rosillo; OAH Docket No. 12-2111-11095-3. Dear Mr. Owusu: Enclosed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. Also enclosed is the o�cial record and we are now closing our file. Sincerely, � t-�, rv�.��-P�-C/�, L�� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 SMM:Ic cc: Virginia D. Palmer Carlos Rosillo Providing Impartial Hearings for Government and Citizens An Equal Opportun Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 97 - /��Y�3 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 26th of June, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 12-2111-11095-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly envefoped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hail 15 West Kellogg Bivd. St. Paui, MN 55102 Carlos Rosillo 7540 Cloman Way Inver Grove Heights, MN 55076 Subscribed and sworn to before me this 26th day of June, 1997 � , C�,�r.e�,-�-c� Notary P blic � �. c�.,u-. Louise C. Cooper r M • CINDY ETIENNE ��. NOTARY PUBLIC-MINNESOTA ANOKA COUNiY My Comm. Ezpires Jan. 31, 2000 ■VWVWWVWWYWVWVW'�NWWVWVVV • �' � . . �7 -loy..3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL OAH FILE NO.: In re the Taxicab Driver's License of Carlos Rosillo 540 3' Street S� CITY'S PROPOSED EXHSBITS June 5, 1997 TO: Judge Steve Mihalchick, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on 3une 5, 1997. Exhibit No � Exh. No. 1 � Exh. No. 2 f� Exh. No. 3 � Exh. No. 4 S Description Police Report CN 97-035-241, dated March 14, 1997 (2 pp.); License information regarding Carlos Rosillo (1 p. ) ; Notice of Violation letter dated April 7, 1997, with Affidavit of Service (3 pp.); Notice of Hearing letter dated April 18, 1997, with Affidavit of Service (4 pp.). ��•� � 97 -/o�Y3 Also attached �lease fi=.d courtesy copies of applicable St. Paul City ordinances: St. Pau1 L�egislative Code St. Paul �egislative Code St. Paul �egislative Code St. Paul �egislative Code � 310.05 § 310.06 § 376.11 § 376.16 Respectfully submitted this 5th day of June, 1997. � � ��.P� Virgini D. Palmer Assista t City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 Page ST. PAULPOUCE DEPARTMENT �� g� " GENERAL REPORT r 1 of At ❑ Between: ot310 hrs. on and �• W A� � obc'l ct oLt ition of Crime Scene: Ti e of A ��f0 n�. sMa.t.,;, ,✓ d Bus. Phone: hrs.on ,'�". inr� �= _ il� s� S'`Td�J.,s�N,SSiO! I / IA � Crime Leb � Properiy Room I IJ ( �:��,a,s�'"��:��°�' 3� - `b" ��"�Y � �:%„NIIE� 1R�ff �°�.,��'',�;� �--�°N ��.'�'�... �`'��.. Arrest Number Last Name �� First / Middle Address DOB� �/Ag�� Race. �N i3 /2rs��t,Lo c,onLos /�03 os-o6-sa��l�r�tt�'v"/l7sc.3s� �s �� syo s � 3 sT ��FB 1,� Mn1,s6o98 � �N,�,� �� rA:tw,�� o �5�.� w o�,�� o;��ti, G,-�-,�� S P � ,i� pl �ic,�,.e.cfil/z� W�S A3siS�"iu5 �S t�Ge i..troi'� wr't�i c�. paos�"i'��%e� J / ��f�,.2 n7' 7ytJ �J-.�NCLL� . �„v,�s �n� Pi.,4,N �loi�cs�6w w�1s i a. s1��:�1. �a�r�e 1�r�1.��k�.t,o�d ��r 6Adye_ !J.1� 12r:�t �,v�t«trs Ro1-'�L �Ll..c, o,� `(�k �� <3�0� Oi^'�G JRJ�2� WNII�+J �N �t1ii`4 `t'rCLo� K�iLS /s �V�(GG S��✓�LLL. PSN +3011. � / .�xcOCS �1hc I�dLrcc i'A�"cfK3- A�A ��ftJ ON Q3'��` 77 �LJ105 µ�icjG 7+-!O N S,�eIL i✓1�1lth � G�fA. �MA� / � �.,��1Loi�ct T sj�o�.a �-P.. U� t,�<.�, Annt,Ml SwaS�o T �9nn�es�" f�u- !-a.� UiS��t,µj a d�so�.d� !^'oubG. 7!� UN�e�<�v��+<� Wdm.tn/ NA� GAV�'d Ar�c�SpOiCC w<'� n uN�estcp�,fcn. 07=�tc<n. .J3�c�e,fU.. I S/�c To�.�1 dt=i-'�un.'a3ebaA:,c.. s�c WAs �1G�y� a. C46� .9+1� ToLJ ot=l=�cr:�. .,3e6eA�s/�wtr� 13e. �.A�2. 2✓l�tnl 7/1+1 /=r�xALc s�(/aulc�l w� Sh� Snw al=f=i� 3Q5tA-.c. ANd r.�<.l o z i4�wNd A,�d G��=t; y k.wf"oti�'s;dc ! A�st �Icn.,.��1 �sAw Fk,� f��I%N5 z r� � c i''fY W t c�K /_�6��. ' f`� Ci4� WAS �=A�i AS Q o rJ -SNC.�<y� ANc� w1�S /Y�N0.ax 30 l'cc� � j 1 / / /N{-. �f+�- CA9 WAS AiSa t�ia�;;v5 dtneul�� '✓/A/�+ ry1Q. WI�Ie.J f1'�G �t�tALQ O O�N �✓G cA6s GJa�a � Ycl.l.�� ` �OLic.e Yor.�.�. c.t� A,+�.�5� - s c�'o.,..�'ot= Tl� � C�h, - yU/�c,d T Ytl.lzc� ��c% �a5 dn.�„crt.� l+ofi' �d�'i'1=�t:.� As �ic.�los 2nr �cb a�-�-s.�� Emi�l d��fC4' �tf mt.. r�. ►=1 � af" i"a -t7� �.AS �v�J st�� /c �002. ssisting Officer. Emp. No.: Reporting Offi< � eport Reviewed By. Emp. No.: O.T.: � [�Y �� No G`RF ❑ Ham ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab Rec �� Tea i � D/C ❑ Burg ❑ TheH ❑ Prop � CAU � P&F 0 Auto DAO (� CO _ �� Carlos Rosillo — City's Exhibit No. 1 I CONTINUE NARHATIVE HERE �Y ?3��s Tmt s i.�'A1 /Q��n-o,c )v (=ety' /=aoh.. r� ca�. noS, L�o �C��,N �,a�ticc� d«� �'Ly A�� Aa�wc n4Rdec�;� C z , � - ��fi 1�e �<<�� sa�,��-��-;� �Y�r= AS w�cl.tc.t �r=r-«�,t.. A s y c�' »�xt� r=r�" r,�r,w Z'�c c� ✓t�'a�L�o A��,v Car��l AT rne. Kuow.a� i� �`�C�o tA:J J� � vxvrTa �n! 'Tf�G [�Ca�l, Aj �os,C�o La��Jtrf' Mti 1,�e�.cf' Ti�c- oes' � C/n��-c /.4v.1 �jn, arFR�t� l�sil/'utf"e oJ��,eo, ��w�S's SL�,s%��And As 1 c{�ce•rt,A�lAV 7!'c. fqs -rd srrlccuAls ,7/c cA� F!LMOsfi +,: � .. J 12finlj� c:xa. 5� ��,qd L�t'e I�Sw+f orJ To 9� i/ci'��L.e, 6�.-.�..+A� /,�iQUC. I=cLL tirocl�.` Nt�c�t.- T1�_ T+�s•:�AGL 9' is f,nt� Swru Y�.LL�u-S nn-�tti�:vs �os�L[o 'ro s� �„��' /� n+�ac.o � t/�'c�. � .�- . � , -. ::: �s „ � ,; � ,� $�, • e- �, a �.y'.,�;.Y d x z - . : " � / �- Qr�7G2. �p?AC�u�I �w�S olu1� � yA�t iNS�c1G 7YcZ N• S(`�cL.1.,.�� CA�-12c.� C��`" INtc1� �A� ��,v� o�rl �/�c�n dis�lRf��cti. T n�Att� 7/�c. �IttJtn, pF Gob�� Cc�+.c�Ac.lC ��'�d N.S,�u,� A�p,�x a� M �� t-�,. 2as,C10 ��un..vr:.I AN� 1- �%D �Ntz��! �,� , As �'J�lc dn�,rc.�. !As�l /Lo�, CLa r'cr- !-�is Q. L 1 /,1c /�F'�sc�I fa ��u-�. �'�' TD �+IG sf�I;Nf ` � !'" y /l,�t��,d,�f"do /�rrf/•I.N � �d�d,v� kvo� 4'0-�. i.uc,�,e G- CoF � � /�NOi�cA. Di �t % RLk�� /Las�L.�o s iJ�f S /V7nJ s M^e, �is �1. L. �9�af=1=•<.cn. LJAS S 5',Rrc�tLRN� eh � t/�Gc t,lN��; �Kj<��O ��h..G Nc d��J� {G,vew � wA3 c��o O(=Frcrn.. �SA�c� �'"f�e. (�1✓.�clt�, (i✓o�r� i o�� /,:n 2 wRs w � eACc:� G.C-boYF=R� �vc1� �o�r! 9'l,I� 3 W � ei-�( 1�..� � r�lc� al-� Sc� i� c%i d.��„�n s s�� tl w�, f n+ /CA: �� clu� A�vd I�oS c LLo G��,o,,,�J ��,✓AsN?' L,re.4�,.�� tf �.�.1d �.�.Zi,,.�N�O:MS1�S� � zss�..�....1 l�s<L10 c,-l 97- %6��yD �o� 1=R<L�- �r7 �,5�:� � Po�,<e �,w�.� /LoS�C1 ` f1 t Tf� �s �AMR s,�,✓�' tl. . o �1.cP��:1 � �ic/,s �s .3,..i..ts , rs , �� GNLL c�-/ N,��S ,o,u..c my L.ow•Y�.... �o•�. w�4L �T n R � � YocuLs .��/1x /lo�tL�a c�.C��,Y oi= �I�c o�'�{'ArearJ� �,cPGa�nrcL � f��ni �aw !�e eo.•�.Cd �'�qkt r.C��.oI= iJc /��PL'e:1��s« �1Q �iJ CD�. �' � u/AS �Aj�ec! AN J I�t�cASGC[ . 9�-ioy3 Lic ID ................... STAT.••••• ............... Business Name............ Address .................. Zip .........•••.......... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 18477 AC ROSILLO, CARLOS 540 3RD ST SE 56096 CARLOS ROSILLO TAXICAB LICENSE 04/18/97 N/A 451-8056 DRIVER (RENEW) �I!!�!!�!!�l�I�l6----- - --__--_- -�■ _ Carlos Rosillo —' City's Exhibit No. 2 .. f � u CITY OF 5AINT PAUL Norm Colemme, Mayor April 7, 1997 NOTICE OF VIOLATION Carlos Rosillo 540 SE Third Street Winnebago, MN 56098 RE: Taxicab Driver License held by Carlos Rosillo License ID #: 18477 OFFIC� THE CITY ATTQRNEY Peg Birk,Z�r[y Attomey 97-�, Civil Division 400 Ciry Hall IS West Kellogg Blvd Saint Paul M'mnesota 55/02 Telephone: 672 266-8710 Facsimile: 671298-5619 Dear Mr. Rosillo: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your taxicab driver license based on the following information: On March 14, 1997 a uniformed police office was attempting to arrest a woman for visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, agaia identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. If you do not dispute that the above facts, please send me a letter so that the matter can be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the • _n _ _> ..... . _.�....__ _. ■ — Carios Rosillo City's Exhibit No. 3 ' � � administrative law judge. �� Q7-/ay:� Please let me know in writing no later than Monday, April 14, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, �S� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Christine Rozek, Troy Gilbertson Director of LIEP Deguty Director of LIEP l 1 i • 9 � - /� `�3 STATE OR MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 8, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street Winnebago, MN. 56098 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of April, 1997. /� ./�/- �/Y�/J� N tary Pu lic Z RITA f4/I. BOSSARD � �..� ` ,• N�TARYPU84IC-M1hIP1YESOTA RAAhSEY CAUfV7Y � A a � -. OFFICE OF THE CITY ATTORNEY Peg B"vh, Ciry Attorney �7�1d � CITY OF SAINT PAUL Norm Coleman, Mayor April 18, 1997 C"rviI Div'uion 400 Ciry Hall IS West Kellogg Btvd Saint Paul, M'mnesota 55702 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Te7ephone: 611266-8710 Facsimile: 6I2 298-5619 Please take notice that a hearing will be held at the following time, date and place concerning your Taxicab Driver's license: Date: Thursday, June 5, 1997 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Rellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Steve Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 31�, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intcxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other �� — Carlos Rosillo City's Exhibit No. 4 �7-�oY3 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman £or visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police: You're under arrest, get out of the cab!" The o£ficer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove otf, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �� 9 7 - /U �f,3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �/�C.�, �: �'—� ^�c�1 v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3 3 9� -ioy3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 18, 1997, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street St. Paul, MN. 56096 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of April, 1997. -�� /�� r Notary Public � RlTA M. BpSS�4F�D � � � NOTARYPUBLIC—f::t:i;,c;�TA S _ < RR�S=Y CCU;�i i'f ■��;+; �My COmm. Er.p:;es Jan. 37, 20�p � s 0 § 6 09.498 �me (a1 inten �oa�a� bed - or s �es or i nteationall CR �ans of � dis �11IIVAL CODE aut5orized bY law,• a wifaess from a nding'or rzs ' y �� 3 �(4)� or 5 �llade by Subdroision I, Prev�n� or ( b ) bY means of y la 3e �b at anY 4iai, Pro��g o��°4� falseIy at �Y ecerces o att emP�s to 4�7' authorized b� ob ��become�w (3), (47, or {5), (c) inten o� ' Proceedi�g, or in aet des c r I bed in sect�onents or d i ssuades or a#e Y 1acr; tness �� Ib �annation fo Iaw �orcement auth� Mbe c � or (�> a�� on Y tIlea � �Y iretenti m� of y aet des g a'ime; or fi' prov�� 4'ime �Y ecerces or attem �'.bed 'm seetion 609 to law e nforcement au �ts to ecerce a Person � subdi�,y�on 1, �] Amended b � lSee tO Provcde false �� 8 Y Lawa 19g9, e 294, $§ 1 2, eff. A'nain volu�rty f 3J - . g 1, I987� Iaws 1 9g5, e. ?s14. $ 18. 1�7 LeBislation H �fOrica� �d Statutory N The 198? araend � - . �� For form f subd� w1�ta �� ; 13e�I 9 �ase n�� cls. (c) and ume. �. 1, �rime p effe�� Aug ' P�i� �at� this amend- § 8at mendin �� g3, P��% `Yntentionyi�• ment 199 c. an or afr,�r E}�at date. pP to aad apPlies t g a'�ua�es I) u�3'eetive Augus 2� 2� 609.50. 06st ��. C Om�tted on or y� �t ��huetion 3ubdivisionructin8 le8a1 process. arrest, or fireS 6 � enfozrement a as provided in subdii� in Shttng S.Ct. 23;v. �°�O�1y does any of the folloming may ��n�nced ( obstruca , hinder� or�f � oa a u fW esecution of anv � or APrehension Areven (2) obstruet�, resists, �o�er �e� Ae�o��nan�e ofof °r 'n�rferes tc� � °L convietion o g a Proeess, civi] or heial dut�e � a peace officer wtu2e � offense; 1a�3) interfares with or obs the officer ' �1 order ofa firefighte �� e Pre��enbo � engyged � the (4) b Aresent at the � e �b'�tishing of y Y foree or threat of force �e� or �'e, or c�obeys � revenue whiie t� emp10 ee endeavors to ob, P�'Pose of zz�� or ,„ �rferin Y engyged in [�h perfo emp2o`ee of the de dete wfia1� Subd 2, penalt 4 g S°�th the Perfo �ance of ofEciat d rnt of foIlows. y � Person �ce of those duties. the bo �� or t w'as com withnvicted of violating subdivision 1 may be sentenced as � h seMo � r t y a��, or th e �a t' created a risk of death, subs cvithout� e o1'fice�s�$ ent� t0 take the offieeYs fireed fhe ' tau � �e of not more tha� S�0 �� t0'�PMSOnment for n �� ( if the or 6oth; more t� from the offfcer's�ng of a acE w �&ce years or to Possession for not more tha onec��Pan'ed by foree or PaY�eni of a � in other ye� or � �olence or �� case� to , AaYment af a$ne of not �at thereof, to itn more tt�� g�� or bot1�P�0�ent for not a'Qre than � ppp PI'isonment Amended more tha� yp or both; or i9si, e.1A3, § IaFJ$ z988. e. �§ I, eff da or to paYtnent of a fine of not AP � �"`', � Lams 19gg, c. 5§ 4, eff. Aug. I, 2989; Laws � 200 � Car(os Rosipo � City=S �hibit No, 5 s G! 7 CRItii Q Derivatic St. Ig� Laws 1: aw Laws l< Laws19 Lams 19 Laws 19� St 1961, St. ls2r Gea St 7 Gen. St 1 Rev. � iy; �. Sc l; Pen, Code Gen.3L lE Lams 28'!4, t988 Legislai The 2988 a mith referenc officer. Befenses ? x9res. intedem: 1. Val�dity Prolvbition in manee of o aith prohibition w � cat obstnccrion o: s2antialtY fivsfrati mance of dutles, verbat eri��sm di� interruPting ofriee Brawskl', 19�, 42E Misdemeanor p�r tionally interfering performattce of offi �s�c Foi cleaz2y Pmhi6ited siruction or :nterfer formance a; his dcf: �"�'7 or diacMm�n Krawsky, I98&, 4?6 3 �. Fizes, interfe� DePUty state fire tion with fue gg5te: they agz�d rq let f mbic�h sa�nstrucdos constiLUCz upqn �� I physical STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ��_� b L�3 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 April22, 1997 Peter P. Pangbom, Paralegal Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Taxicab Driver's License Held by Carlos Rosillo OAH Docket No. 12-2111-11095-3 Dear Mr. Pangborn: As requested in your letter of April 18, 1997, enclosed is a subpoena requiring the attendance of Officer William Beaudette at the hearing on June 5 in the above- referenced matter. Sincerely, � � ?�7 ��'��c� �� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 Sn Enc. Providing impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 q�,�o�N3 .� � �..-- � �� : �)� STATE OF MINNESOTA OFFICE OF ADMIIVISTRATIVE HEARINGS fffARING SUBPOENA TO: Officer William Beaudette, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Steve M. Mihalchick of the O�ce of Administrative Hearings of the State of Minnesota, at St. Paul Ciry Hall, Room 41, in the City of St. Paul, Ramsey County, Minnesota, on Thursday, the 5th day of June, 1997, at 9:30 o'clack in the forenoon, to appear as a witness in the matter of the Taxicab Driver's License Held bv Carlos Rosillo. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22nd day of April, 1997. E. � � � °� Law Judge 612/341-7600 Subpoena requested by: Virginia Palmer, Assistant City Attorney; 612/266-8710 OFFICE OF THE CITY ATTORNEY Timothy E. Mar� City Attorney �.� /Q ,y �j J CI� �F' Still V T Pfi�. - �J �' --~ Civil Division Nonrs Coleman, Mayor `,-, � n ,� , �, 4QO,City Hall Telephone: 612 266-8770 ' �=� •� =— �•_� <'IS�estKelloggBlvd. Facsimi7e: 612298-5619 _ Sain! Panl, Mmnesata 55102 E , . --. ,.. � . [-,: , : ; : _ t.�. _ -. �.�J U"� � April 18, 1997 '� 1 �, � � R J 3 Judge Steve Milia.lchick l a c/o Louise Cooper OfFice of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: T�icab Driver's license held by Carlos Rosillo Dear Judge Mihalchick: The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Thursday, 3une 5, 1997. This request is made on behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling this witness to testify regarding the incident which serves as a basis for the action against the Taxicab Driver's license of Mr. Carlos Rosillo. In order to ensure this individual will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings a subpoena for the following individual: 1.) Officer William Beaudette St. Paul Police Dept. 100 E. l lth Street St. Paul, MN 55 i Ol The hearing is scheduled to start at 9:30 a.m. on Thursday, June 5, 1997, in Room 41 St. Paul City Hall, 15 West 4th St., St. Paul, NIN 55102. If you need additional information or have any quesfions regazding this request, please do not hesitate to ca11 me at 266-8776. Thank you. ,• . ii ,�. Y � � � N " Peter P. Pangborn Paralegal CITY OF SAINT PAUL Norm Coleman, Mayor OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Attorney R�-�oN3 ' � � Civil Division � z a�] j t s. ; rn, nq�0 City Hall Telephone: 612 266-8710 � r t=,.";: L; f�� - =� �QS1KelloggBlvd Facsimik: 671198-5619 . - - - - - � Samt Pau� M'mnesom 55102 i :_, � .,.. -� April 18, 1997 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Please take notice that a hearing-will be held at the following time,. date and place_concerning your Taxicab Driqer's license: Date: Time: Place: Thursday, June 5, 1997 9:30 a.m. Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve Mihalchick Office of Administrative Hearinga 100 S4ashington Square, Suite 1700 Minneapolis, bII�. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other 97-��13 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman for visitiag a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �7ri6N.3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, r/��,�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3 Council File # �R _ � �3 RESOLUTION 4NT PAUL, MINNESOTA Presented By RESOLVED, that the taxicab driver's license of Cazlos Rosillo, License ID# 18477, is hereby revoked for an incident on March 14, 1997 in which he obstructed a police officer in the execution of his job. FURTHER RESOLVED, that the Findings of Fact and Conclusions of the adininistrative 1aw judge in this matter contained in the Report dated June 25, 1997, are expressly ratified and are adopted as the written findings and conclusions of the Council in this matter, except as modified below. The reasoning of the Memorandum of the Administrative Law Judge attached to the findings and conclusions is not adopted. The recommendation of the Administrarive Law Judge is also not accepted. FURTHER RESOLVED, that the following amendments to the Report aze hereby adopted: 1. Finding of Fact No. 3 is hereby amended to read as follows: "3. A female officer at the desk took a call from a female employee of the massage parlar, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approafimately 11:30 pm., the female employee walked in, saw fhe undercover female officers in the massage parlor and immediately left. Officer Beaudette left the back room and pursued the employee, in order to anest her. Officer Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the ,.. , . driver side with his head down. �3i�:'Y�e?�`�i��;:Cr}��e�;'; .�:;� �1�tq Officer Beaudette was approximately ten feet�from the�cab, approaching from the front . � .. . ....:. . . ...::.:..... ...>::;: .� . _ . .,>.. ;.. passenger side �v�ierr-ke ::��:;�e-°�-aippr��;i<�} : ,,�};B�t;�1� yelled "Police, you're under arresf, get�out of the cab.'' ^* °� ° :�* *'��a�:°�- was a t�x,ag;� ine omcer reacnea ror tne nont passenger aoar so mat ne coma open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The officer ��°�'-�*°a �� -��-'��-'�°�^�- on Green Sheet # ,�0�,��Z., Beaudette noted the number of the cab was 81. 'T''�° '�~~° °'°~°°a ��~• "�° q 7 l0'{3 2. Finding of Fact No. 5. is hereby amended to read as follows: "5. Officer Beaudette asked Mr. Rosillo for his driver's license. "�� e�g� �:��#pzz��s�';fti;;��::�r��t� another officer, Sergeant Strickland, infervened and persuaded Mr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 that charged Mr. Rosillo with failure to obey a police officer �- •��'�'��^ ��"��^�. °•�• ��nn cn ,,.,w },�� 3. A new Finding of Fact No. 7 is hereby adopted to read as follows: ,. . . . . ..... . . .::. _-:..� :�- ...�.. ,. � . _ ...,..,....,, . . ........ . : ::.. ,..,..:...� "'��°€�:�;'R4�ailia;�t��;r�i�f ta;�sfifY 4. Conclusion of Law No. 6 is hereby amended to read as follows: 5. Conclusion of Law No. 7 is hereby amended to read as follows: "7. Mr. Rosillo intentionally obstructed a officer when he failed to stop for Officer Beaudette iijt'.'�'��iS�: ip; c?��S on This Resolution is based upon the record of the proceedings before the Administrative Law Judge on June 5, 1997, the documents and exhibits introduce therein, the Findings of Fact and Conclusions of the Admniistrative Law Judge as modified and amended herein, the written submissions by counsel far the Office of License, Inspections and Environxnental Protection and the arguments and statements of the parties on August 13, 1997, as well as the deliberations of the Council in open session on that date. �-� `'-°"'-° �`r�� -°�° °° -�°�_ was awaze that the person approaching the cab was a police officer." 1 A copy of this Resolution , as adopted, shall be sent by first class mail to the 2 administrative law judge, and to the licensee, Carlos Rosillo. e �� I O � 3 _� BY� , ��a, t' Approved by Mayor: Date �I�S�C� By: �. ��-�- Requested by Department of: Ey: Form Approved by City Attorney BY � � t/ 1h9,/iY�� ` ) I `�C3,P "+^�e/\ By: by Mayor for Submission to Adopted by Council: Date c'3. \ Adoption Certified by Council Secretary N°_ 50532 DEPA T/OFFICEFOUNCIL DATE WITIATED �� `O � � GREEN SHEE � _ INITIAVOATE �NITIAVOATE O DEPARTMENT DIRECTOR � CITV COUNCIL � ASSIGN OCITYATTORNEV OCITYCLEFK MUST��{�pU�l,'�l, A(f¢�BY (OATE) NUMBER iOfl O BUDGET DIRECTOR ��IN 8 MGT. SEPVICES DIR. �� ROUTING ORDEN � MAYOR (OR ASSISTAN'n � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION FE�UESi'ED: Revoking the tazicab driver's license of Carlos Rosillo, License ID#18477. FECOMMENDATIONS� Approve (A) or Re�ect (R) PERSONAL SERVICE CONTRACTS MUST ANSWEfl THE FOLLOWING �UESTION3: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �� Has this person/firm ever worketl under a conlreM for this department? _ CIB COMMITfEE _ �'ES NO _ yTAFF 2. Has this personffirm ever been a ciry employee? — YES NO _ DISTRICT COUR7 _ 3. DoeS tfiis personlfirm possess a skill not normally possessed by any curceM city empfoyee? SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO Explain all yes answers on separafe sheet antl attaeh to green sheet . IN�TIATING PR08LEM, ISSUE. OPPORTUNITY (Who. What, When. Where. Why) A�VANTAGESIFAPPROVED: DISADVANTAGES IFAPPROVEO: DISADVANTAGES IF NOTAPPflOVEO: TOYAL AMOUNT OF TRANSACTION S COS7/RE�ENUE BUDGETEU (CfRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIALINFORIFATION (EXPLAIN) �!7- /oy3 Interdepartmental Memorandum :N�'��T. •Y.\I�� ' � 1J � - �Ss� � - � 4'�6{�s AE�� 18 1997 DATE: August 15, 1997 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: Peter Pangborn Paralegal 400 City Hall RE: Consent Agenda - August 27, 1997 l. Carlos Rosillo ATancy : Attached is the signed resolution identifying the penalty imposed by the City Council on Mr. Carlos Rosillo. Please schedule this matter for the Consent Agenda for the council hearing on Wednesday, August 27, 1997. Thanks. Sinc e: Peter P Paralegai 97 � /dy� OFFICE OF THE CITY ATTORNEY Peg Bir15 Crty Attarney —w �� W CITI' OF SAINT PAUL Civil Division Norm Colemmt, Mayor 400 City Hall Zelephone: 672 266-8770 ISWestKelloggBlvd Facsbnile:672298-5679 Saint Paul �nnesota 55101 July 30, 1997 �U�ri s �!i �=:,?,?�' a`�t �i�' NOTICS OF COUNCIL AEARING tt Cazlos Rosillo 540 SE Third Street Winnebago, Minnesota 56098 RE: TaYicab Driver's License heid by Carlos Rosillo Licerise ID #: 18477 Our File Number: G97-0198 Dear Mr. Rosiilo: .J�;f ,, i�� , � Please take notice that a hearing on the report of the Admuustra6ve Law Judge conceming the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, August 13,1947, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed please find a copy of our Written Exceptions to the ALJ's report which we are filing with the CiTy Clerk. You also have the opportunity to file exceptions to the ALJ's report with the City Clerk and this can be done at any time during normal business hours. You may also present oral or written azgumern to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council wiil 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. T - Sincerely, �/,�.�- �C-�.� Virginia D. Palmer Assistant City Attomey cc: Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, D'uector, LIEP Christine Rozek, LIEP Q ? - /0%�3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL Case No. 12-2111-10095-3 In the Matter of the Taxicab Driver's WRITTEN License held by Carlos Rosillo EXCEPTIONS I. Recommendations of the ALJ The ALJ has recommended that no adverse action be taken against the taxicab driver's license of Carlos Rosillo, based upon his finding that the City failed to prove by a preponderance of the evidence that the licensee intentionally obstructed a peace officer on March 14, 1997. II. LIEP Position The Office of License, Inspections and Environmental Protection (LIEP) believes that the evidence in the record supports additional Findings of Fact and Amended Conclusions of Law, that there was sufficient proof that Carlos Rosillo intentionally drove away in his taxicab with a passenger that a Saint Paul Police Officer was trying to arrest, after the officer repeatedly identified himself as a police officer and ordered the passenger to stop because she was under arrest. The City Council is requested to adopt the new and amended Findings of Fact and Conclusions attached hereto, and to revoke the taxicab driver's license of Carlos Rosillo. III. Issue The Administrative Law Judge found that the City had not proved by a preponderance of the evidence that the licensee heard the officer identify himself as a police of£icer, saw the word "POLICE" on the officer's jacket or in any other manner was aware that the person attempting to stop the cab was a police officer. A "preponderance of the evidence" means evidence which would lead the trier of fact to believe that it is more likely than not that the 9 7 -/oy3 case is true. If there is the slightest tipping o£ the scales in the direction of the City by credible evidence, then the City has proved its case. Quam v. General Acc. Ins. Co. of North America, 411 N.W.2d 270 (Minn. App. 1987). The ALJ's Findings of Fact and the memorandum make reference to arguments made by Mr. Rosillo. The evidence was presented through the testimony of Officer Beaudette, the license inspector and the exhibits, including the police report written by Office Beaudette at the time of the incident. However, the licensee chose not to testify on his own behalf, and was therefore not subject to any cross-examination. The argument of the licensee cannot be considered as evidence. At the hearing, Officer Beaudette testified to the events surrounding his attempt to arrest a female at 740 North Snelling Avenue, where police were operating an undercover vice detail at Lee Lenore's Sauna. He testified that a woman had called and stated that she would be late to work, identifying herself as an employee. Police intended to arresti her on arrival for visiting a disorderly house. Officer Beaudette saw her walk into 740 North Snelling, observe that the premises were under the control of the police and then turn and leave. He went outside to arrest her and saw her getting into a cab facing north on Snelling, approximately 30 feet away. The cab was parked south of the sauna and he was looking at the cab from the front. He further testified that while the cab door was open and the female was getting in he yelled "Police! You're under arrest! Get out of the cab!" As he yelled this, the cab driver looked directly at Officer Beaudette, who testified that he was wearing a police raid jacket. Officer Seaudette displayed the jacket, which is blue with large gold letters spelling out POLICE on the front and back, with police patches on both arms. Officer Beaudette testified that he made eye contact with the driver when he was about 10 feet away from the vehicle and again yelled out, identifying himself as a police officer. He then saw the driver again look at him, so Officer Beaudette reached for the front passenger door, at which time the cab driver put the cab in drive and drove off at a high rate of speed. Officer Beaudette was nearly run over as the cab spun sideways in the snow and had to hold on to avoid falling under the tires. During this whole time he continued yelling, stating that he was a police officer and telling Rosillo to stop the cab. Mr. Rosillo did not testify. He did cross examine the witnesses, and he presented some argument, but no testimony was presented to contradict that of Officer Beaudette and the license inspector. The license inspector testified that he considered this incident to be serious enough to warrant revocation of the taxicab driver's license both because of the action of the cab driver in ignoring a police officer's order to stop and preventing an arrest, and because of the reckless nature of the driving used by the taxicab driver as he sped away from the scene. The memorandum of the administrative law judge accepts as fact ��-i��/3 matters which were not testified to and are not part of the record. Mr. Rosillo did argue that the job oP a taxi driver is inherently dangerous, and the City inspector did acknowledge on cross- examination that a cab driver had been murdered in Saint Paul within the past five years. Nevertheless, the police officer testified at the hearing, under oath, that he was wearing a raid jacket, which he displayed and which says "POLICE" in large gold letters which stand out on the blue background. He testified thati the jacket lettering was visible. Mr. Rosillo did not take the stand and state under oath that Officer Beaudette was not wearing the jacket, nor was there any evidence that the jacket was open. Of£icer Beaudette testified that the visibility was good, and that it had recently snowed but was not snowing at the time of this incident. He testified that the lighting conditions included street lights on Snelling Avenue and that Mr. Rosillo looked at him several times. The memorandum states that °While the man was shouting, the passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face.�� This is particularly troubling since these matters were not part of the testimony. Again, Mr. Rosillo chose not to testify, and anything that he argued was not subject to cross-examination and cannot be considered evidence. Equally troubling is the assumption made by the administrative law judge that: Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of the cab lacks the opportunity to ascertain the identity of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. �609.50, subd. 1. There is nothing in the record to support the assumption that "trouble" is so standard at this location that Mr. Rosillo would be justified in believing that a man dressed in a police jacket and yelling that he is a police officer is anything other than what he says he is. Mr. Rosillo did not lack the opportunity to determine the identity o£ the officer. Despite his contention that the job of driving cab is so dangerous, there was no testimony to establish that this person running towards his cab was in any way a danger. There was no testimony that he was threatening, no testimony that he carried or displayed a weapon, no testimony that Mr. Rosillo was afraid of him, in short, no testimony at all to substantiate this entire paragraph in the memorandum. All the testimony supports the determination that Mr. Rosillo had every opportunity to know that the man running towards the cab was a police officer. Finally, the administrative law judge made a finding that the ticket issued by the police officer was not prosecuted by the City 9 � - �ay,3 Attorney's Office. The fact that a case was not prosecuted criminally does not prevent a civil action from being based upon the same set of facts. Even if Mr. Rosillo had been prosecuted and acquitted, the civil license hearing can still go forward. In re Kaldahl, 418 N.W.2d 532, 535 (Minn. App. 1988). For all of the foregoing reasons, it is the position of the Office of License, Inspections and Environmental Protection that support exists in the record for the Council to adopt the proposed amended findings of fact and conclusions, and to take adverse action against the taxicab driver's license of Carlos Rosillo. Dated this 30th day of July, 1997. � � Virgini D. Palmer Assista City Attorney 400 City Hall 15 W. Kellogg Boulevard Saint Paul, MN 55102 (612) 266-8710 Attorney for LIEP �7 - / PROPOSED AMENDED FINDINGS OF FACTS 2. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Beaudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Office Beaudette left the back room and pursued the employee, in order to arrest her. Office Beaudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the .. .. ..... . . ..... .. . ....... .. ...... . ..... .... .. ........... fron on the driver side with his head down. [��i��;i_�Ia�;';�e��`>�i��s�ii��l ...,.::...� ....:.....:::.:.....�: :;� �:; ......,:;,....:.. ,. �;kiE;<i�a�:�,�;tq��; Officer Beaudette was approximately teri feet froin'tIie .:..._�. .. cab, approaching from the front passenger side A� ��.;';�� . ,.:, � .... ..... ....... . . �;�p�`C��1�`T�� zCe� �e��l.'�a€;'C[�� yelled "Police, you're under arrest, . for Ehe front passenger door so thaE he couId open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into driver and accelerated away from the curb. The officer ��a 5. Officer Beaudette asked Mr. Rosillo for his driver's license. a.c.....,. _ w,...�,..a ......,�..��,. ��'.�;?.:1�ia;��;.Ci;�� another . . . .,..: :.:...............:....:...:.....�. :..., :;.:- officer, Sergeant Strickla"ncl; 'irit'erveriec� and persuaclecl bTr. Rosillo to surrender his license. Officer Beaudette issued citation number 97-864240 tYiat charged Mr. Rosillo with failure to obey a police officer i��e�at�eri e€ ��{i�r�. S�at.- °�-58, sti�^�—�. The citation issued by Officer Beaudette for failure to obey an officer was not prosecuted by the City Attorney's Of£ice. .,.,. ...::.......:..: :.......__.... _:....:..:.:: :::...::.:...<.. ::�::-: :: .:::,..:.: :.;.::.,,.;,.,.;.. '�`:>: �:; ��:.>:?It�i;s�:1��:;.�I�c�se:d�:n��::.:;::��s,;��,��f. _�<�:�:;t'fs�;°:�se��: r.: <::;�:z::::..:.;:::�:>r::_::;::,: r.::.>r;�;.::::�:: �..<.:::...:.,. ;..:::;:::�:::::::�:.� � :....: :..... .. . . , . ... :.. .��,. number of the cab was 81. T-��r�a2-��,ae� €i��—a��-€�r� � 7 - loY�3 PROPOSED AMENDED CONCLUSIONS OF LAW 7. ��—�as �e� �e�s-��ate� t-�� Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer ...:...:::::.:......:::::»:<.,,...-:_:,........::-..::::<>....:...:;...-.-.... ...- -. -...;:.,.<.--.. .:- ...:_._ _�.,..._.-.:... ,... . . Beaudette €z�i::':'�'��t�on��:€.:;��?;i:c�tt�� :;�:?;:�:�::<:�s`;��i:�.<::�r�i".�;� : ��?- r.� 4 L. .. � G F -0 .. ^.�.. ... Ft -0 ...�. �,. :.:...:>..:� :.:.:....:.: . .. 3 ..:..�� . . L . . .. . ..>..:�::Y,°�:.::.':a.ti:�.>.'.::: .:>:.,::.:......<.:. ..-... .,... APC�S`�?:.L'�WC"ti�'X��'.'::.C;i:ir'"t..'�>�:.4'a:2tP:.`:'�'JE�i',F."�'�'.�`G3'I7=�.i':�:T�.T,S��''}'.r.�.�,.'`SE�x.£�t'S �� 9 7 -�oy3 12-2111-11095-3 STATE OF MINNESOTA OFFICE OFADMINISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In the Matter of the Taxicab License Held by Carlos Rosillo ' FINDINGS OF FACT, CONCLUSIONS AND License Id. Number 18477 RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge Steve M. Mihalchick on June 5, 1997, at 9:30 a.m. in Room 41 of the St. Paul City Hail. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection of the City of Saint Paul ("the City"). Carlos Rosillo, 7540 Cloman Way, Inver Grove Heights, Minnesota 55076, appeared on his own behalf. The record in this matter closed on June 5, 1997, upon the close of the hearing. This Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after a review of the record. The City Council may adopt, reject or modify the Findings of Fact, Conclusions and Recommendations contained herein. Pursuant to Saint Paul Legislative Code section 310.05(c-1), the City Council shall provide an opportunity to present oral or written argument alleging error in this Report and to present argument related to any adverse action recommended in this Report. The parties should contact the City Clerk to ascertain the- procedure for filing such argument or appearing before the Council. STATEMENT OF ISSUE The issue presented in this matter is whether it has been proven that Carlos Rosillo disobeyed a police officer when ordered to stop in violation of Minn. Stat. § 609.50, subd. 1, and if so, whether adverse action should be taken against the taxicab license heid by him. Based on all of the proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Carlos Rosillo works for City Wide Cab as a driver and holds the taxicab license number 18477. On the evening of March 14, 1997, Mr. Rosillo was driving City Wide cab number 81 in and around St. Paul. q � -l�y.3 2. Officer Baudette of the St. Paul Police Department was participating in an operation at Lee Lenore's, a massage parlor on Snelling Avenue in the Midway area of St. Paul that operates as a house of prostitution. The operation began on March 14, 1997 (a Friday night) and continued until the early morning of March 15, 1997. As part of the operation, all persons in the massage parlor were arrested, the premises were taken over by undercover officers, and the business operation (to outward appearances) continued unchanged with the intention of arresting all people that entered the parlor. Officer Baudette was in plain clothes, except for a raid }acket, with the word "POLICE" in large bright yellow letters on the front and back and police patches on each shoulder, a holstered gun belt, and his badge on a chain around his neck outside his clothing. The raid jacket snaps up the front, with the lettering being divided evenly between each side of the front. Officer Baudette's primary responsibility was to arrest men soliciting the undercover female officers for prostitution in the back rooms of the massage parlor. He was located in a room beyond the entry area and was able to observe people entering the front door on a television monitor that had been set up. 3. A female officer at the desk took a call from a female employee of the massage parlor, who said that she was running late and would be taking a cab to work. Officer Baudette waited in the back room for the employee to arrive. At approximately 11:30 p.m., the female employee walked in, saw the undercover female officers in the massage parlor and immediately left. Officer Baudette left the back room and pursued the employee, in order to arrest her. Officer Baudette saw the employee entering a City Wide cab approximately thirty feet away on Snelling Avenue. The driver was sitting in the front on the driver side with his head down. Officer Baudette was approximately ten feet from the cab, approaching from the front passenger side when he yelled "Police, you're under arrest, get out of the cab." At some point, the driver looked up and made eye contact with the officer. Officer Baudette again yelled that he was a police officer. The officer reached for the front passenger door so that he could open it to tell the driver he was going to arrest the passenger. He made eye contact with the driver again. But the driver then shifted the cab into drive and accelerated away from the curb. The o�cer concentrated on avoiding being injured between the cab and a snowbank along Snelling Avenue. As the cab traveled north on Snelling Avenue, Officer Baudette noted the number of the cab was 81. The time elapsed from the driver first looking up and leaving the curb was a few seconds. 4. Officer Baudette called City Wide cab and asked that cab number 81 return to Lee Lenore's. Cab number 81, driven by Mr. Rosillo, returned to Lee Lenore's about twenty minutes later, but without his passenger. Officer Baudette asked Mr. Rosillo why he failed to stop. Mr. Rosillo stated that the passenger had said the man approaching the cab was a jealous ex-boyfriend and that Rosillo should "take off." City's Exhibit No. 1. Mr. Rosillo stated that he didn't know Officer Baudette was a cop . He also maintained that Officer Baudette did not have his raid jacket on when he came out of Lee Lenore's. Id. 5. Officer Baudette asked Mr. Rosillo for his driver's license. After a heated exchange, another officer, Sergeant Strickland intervened and persuaded Mr. Rosillo to surrender the license. Officer Baudette issued citation number 97-864240 that charged Mr. 2 1 7 - �0-4�!3 Rosilfo with failure to obey a police officer in violation of Minn. Stat. § 609.5�, subd. 1. The citation issued by Officer Baudette for failure to obey an officer was not prosecuted by the City Attorney's office. 6. On April 7, 1997, the City issued a notice of violation to Mr. Rosillo on the basis of the March 14, 1997 incident. City's Exhibit No. 4. The notice of violation includes notification of the appeal process. After receiving the notice, Mr. Rosillo orally requested a hearing before an Administrative Law Judge. On April 18, 1997, the City issued a notice of hearing, setting this matter for hearing on June 5, 1997. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Saint Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 340A.415 and Saint Paul Legislative Code §§ 310.05 and 310.06. The Notice of Hearing issued by the City was proper and all applicable substantive procedural requirements have been fulfilled. 2. The City bears the burden in this matter of proving by a preponderance of the evidence that adverse action is warranted with respect to the taxicab license at issue. 3. The Saint Paul Legislative Code § 310.06(b)(6)(a) authorizes the St. Paul City Council to take adverse action against a licensee where: The licensee or applicant (or any person whose conduct may by law be imputed to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordinance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been brought in connection therewith. 4. Minn. Stat. § 609.50, subd. 1 states in pertinent part: Whoever intentionally does any of the following may be sentenced as provided in subdivision 2: (1) obstructs, resists or prevents the ... apprehension of another on a charge or conviction of a criminal offense; (2) obstructs, resists or interferes with a peace officer while the officer is engaged in the pertormance of official duties �� Q� -��y,3 5. Minn. Stat. § 609.50, subd. 1, is a statute reasonably related to the licensed activity of driving a taxicab. 6. The evidence presented is insufficient to prove that Mr. Rosillo heard the officer identify himself as an officer, saw the word "POLICE" on the jacket, or in any other manner was aware that the officer was an o�cer. 7. It has not demonstrated that Mr. Rosillo intentionally obstructed a peace officer when he failed to stop for Officer Baudette on March 14, 1997. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foflowing: RECOMMENDATION IT IS HEREBY RESPECTFULLY RECOMMENDED: that the Saint Paul City Council not take adverse action against the taxicab license of Carlos Rosillo. Dated this 25th day of June, 1997 V��f `-�� STEVE M. MIHALCHIC Administrative Law Judge NOTICE The City is respectFully requested to provide a copy of its final decision to the Administrative Law Judge by first class mail. Reported: Tape recorded (one tape). MEMORANDUM The City relies upon the existence of a violation of Minn. Stat. 609.50, subd. 1 to support the revocation of Mr. Rosillo's license. The statute requires that any obstruction to the duties of a peace offcer be done intentionally to constitute a violation. There has been no criminal conviction of the cited conduct by Mr. Rosillo. The City has not elicited any direct evidence from Mr. Rosillo that he intended to obstruct the actions of a police officer. Therefore, the circumstances of the incident cited to support the adverse action must be examined to determine if Mr. Rosillo acted with the required intent. The incident occurred about 11:30 p.m. on a Friday night outside a massage parlor. Mr. Rosillo had dropped off a female passenger, who entered the massage parlor. The area was lit by several street lamps. Mr. Rosillo was sitting in the driver's seat of his cab with his head down. He did not look up until the passenger reentered the cab, this time in a hurry. The only other person Mr. Rosiilo saw was a man running toward the cab, shouting. The passenger told Mr. Rosiflo to "take-off." The man was not wearing a uniform that would immediately identify him as a police officer. While the man was shouting, the 0 �?-�ay.� passenger, already inside the cab, was also talking. When Mr. Rosillo looked up, he was looking only at the man's face. Mr. Rosillo argued that the danger inherent in the job makes leaving the curb a reasonable reaction to the circumstances he perceived. Driving a cab is a dangerous occupation. The City's inspector noted that a cab driver had been murdered in St. Paul within the past five years. A driver sensing danger may only have a few seconds to react to a situation and a few options with which to respond to it. Mr. Rosillo told the officer that upon looking up all he saw was someone rushing toward the cab. Mr. Rosillo also maintained that Officer Baudette was not wearing his raid jacket when he was approaching the cab. Officer Baudette testified that he assumed that Mr. Rosillo recognized him as an officer. But under the conditions of that night, it is entirely possible that Mr. Rosillo never saw the word "POLICE" on the front of the jacket of the man rushing toward him; the jacket may have been open, it was relatively dark, it happened quickly. Under different circumstances, a taxicab license could be revoked or suspended for obstructing an officer. If the officer was uniformed, if a squad car was present, if the driver acknowledged the police officer before taking some action to hinder the officer, then adverse action would be warranted. Here, the police went to great lengths to disguise their presence at the massage parlor and give the impression that all was "normal" at that business. Trouble happens at houses of prostitution in the ordinary course of business. When a woman runs out of such a place pursued by a man, a reasonable person could conclude that some danger arises from the pursuer and act accordingly. Where, as here, the driver of a cab lacks the opportunity to ascertain the identify of the pursuer and the identity of the pursuer is not immediately obvious, there has been no showing of an intent to obstruct a police officer in violation of Minn. Stat. § 609.50, subd. 1. The Administrative Law Judge agrees with the City's position that persons licensed to drive taxicabs must obey the commands of police officers as a condition of retaining that licensure. But, the City has the burden to demonstrate that Mr. Rosillo violated that standard by a preponderance of the evidence, bearing in mind the seriousness of depriving a person of his livelihood. In Re Wang, 441 N.W.2d 448, 492 (Minn. 1989). The evidence relied upon by the City is the police officer's assumption of what Mr. Rosiilo saw and what Mr. Rosillo understood. Based on Mr. Rosillo's explanation to the officer of what happened and his argument presented at the hearing, the Administrative Law Judge concludes that the City's evidence is insufficient to support taking adverse action against his taxicab license. The Administrative Law Judge recommends that no adverse action be taken against the taxicab license held by Mr. Rosillo. S.M.M. E STATE OF MINNESOTA Gj � -lo-y3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 June 26, 1997 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, Minnesota 55102 RE: In the Matter of the Taxicab License Held by Carlos Rosillo; OAH Docket No. 12-2111-11095-3. Dear Mr. Owusu: Enclosed and served upon you is the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge in the above-entitled matter. Also enclosed is the o�cial record and we are now closing our file. Sincerely, � t-�, rv�.��-P�-C/�, L�� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 SMM:Ic cc: Virginia D. Palmer Carlos Rosillo Providing Impartial Hearings for Government and Citizens An Equal Opportun Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 97 - /��Y�3 STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Louise C. Cooper, being first dufy sworn, hereby deposes and says that on the 26th of June, 1997, at the City of Minneapolis, county and state aforementioned, she served the attached FINDINGS OF FACT. CONCLUSIONS AND RECOMMENDATION: OAH Docket No. 12-2111-11095-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly envefoped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hail 15 West Kellogg Bivd. St. Paui, MN 55102 Carlos Rosillo 7540 Cloman Way Inver Grove Heights, MN 55076 Subscribed and sworn to before me this 26th day of June, 1997 � , C�,�r.e�,-�-c� Notary P blic � �. c�.,u-. Louise C. Cooper r M • CINDY ETIENNE ��. NOTARY PUBLIC-MINNESOTA ANOKA COUNiY My Comm. Ezpires Jan. 31, 2000 ■VWVWWVWWYWVWVW'�NWWVWVVV • �' � . . �7 -loy..3 OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL OAH FILE NO.: In re the Taxicab Driver's License of Carlos Rosillo 540 3' Street S� CITY'S PROPOSED EXHSBITS June 5, 1997 TO: Judge Steve Mihalchick, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on 3une 5, 1997. Exhibit No � Exh. No. 1 � Exh. No. 2 f� Exh. No. 3 � Exh. No. 4 S Description Police Report CN 97-035-241, dated March 14, 1997 (2 pp.); License information regarding Carlos Rosillo (1 p. ) ; Notice of Violation letter dated April 7, 1997, with Affidavit of Service (3 pp.); Notice of Hearing letter dated April 18, 1997, with Affidavit of Service (4 pp.). ��•� � 97 -/o�Y3 Also attached �lease fi=.d courtesy copies of applicable St. Paul City ordinances: St. Pau1 L�egislative Code St. Paul �egislative Code St. Paul �egislative Code St. Paul �egislative Code � 310.05 § 310.06 § 376.11 § 376.16 Respectfully submitted this 5th day of June, 1997. � � ��.P� Virgini D. Palmer Assista t City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 Page ST. PAULPOUCE DEPARTMENT �� g� " GENERAL REPORT r 1 of At ❑ Between: ot310 hrs. on and �• W A� � obc'l ct oLt ition of Crime Scene: Ti e of A ��f0 n�. sMa.t.,;, ,✓ d Bus. Phone: hrs.on ,'�". inr� �= _ il� s� S'`Td�J.,s�N,SSiO! I / IA � Crime Leb � Properiy Room I IJ ( �:��,a,s�'"��:��°�' 3� - `b" ��"�Y � �:%„NIIE� 1R�ff �°�.,��'',�;� �--�°N ��.'�'�... �`'��.. Arrest Number Last Name �� First / Middle Address DOB� �/Ag�� Race. �N i3 /2rs��t,Lo c,onLos /�03 os-o6-sa��l�r�tt�'v"/l7sc.3s� �s �� syo s � 3 sT ��FB 1,� Mn1,s6o98 � �N,�,� �� rA:tw,�� o �5�.� w o�,�� o;��ti, G,-�-,�� S P � ,i� pl �ic,�,.e.cfil/z� W�S A3siS�"iu5 �S t�Ge i..troi'� wr't�i c�. paos�"i'��%e� J / ��f�,.2 n7' 7ytJ �J-.�NCLL� . �„v,�s �n� Pi.,4,N �loi�cs�6w w�1s i a. s1��:�1. �a�r�e 1�r�1.��k�.t,o�d ��r 6Adye_ !J.1� 12r:�t �,v�t«trs Ro1-'�L �Ll..c, o,� `(�k �� <3�0� Oi^'�G JRJ�2� WNII�+J �N �t1ii`4 `t'rCLo� K�iLS /s �V�(GG S��✓�LLL. PSN +3011. � / .�xcOCS �1hc I�dLrcc i'A�"cfK3- A�A ��ftJ ON Q3'��` 77 �LJ105 µ�icjG 7+-!O N S,�eIL i✓1�1lth � G�fA. �MA� / � �.,��1Loi�ct T sj�o�.a �-P.. U� t,�<.�, Annt,Ml SwaS�o T �9nn�es�" f�u- !-a.� UiS��t,µj a d�so�.d� !^'oubG. 7!� UN�e�<�v��+<� Wdm.tn/ NA� GAV�'d Ar�c�SpOiCC w<'� n uN�estcp�,fcn. 07=�tc<n. .J3�c�e,fU.. I S/�c To�.�1 dt=i-'�un.'a3ebaA:,c.. s�c WAs �1G�y� a. C46� .9+1� ToLJ ot=l=�cr:�. .,3e6eA�s/�wtr� 13e. �.A�2. 2✓l�tnl 7/1+1 /=r�xALc s�(/aulc�l w� Sh� Snw al=f=i� 3Q5tA-.c. ANd r.�<.l o z i4�wNd A,�d G��=t; y k.wf"oti�'s;dc ! A�st �Icn.,.��1 �sAw Fk,� f��I%N5 z r� � c i''fY W t c�K /_�6��. ' f`� Ci4� WAS �=A�i AS Q o rJ -SNC.�<y� ANc� w1�S /Y�N0.ax 30 l'cc� � j 1 / / /N{-. �f+�- CA9 WAS AiSa t�ia�;;v5 dtneul�� '✓/A/�+ ry1Q. WI�Ie.J f1'�G �t�tALQ O O�N �✓G cA6s GJa�a � Ycl.l.�� ` �OLic.e Yor.�.�. c.t� A,+�.�5� - s c�'o.,..�'ot= Tl� � C�h, - yU/�c,d T Ytl.lzc� ��c% �a5 dn.�„crt.� l+ofi' �d�'i'1=�t:.� As �ic.�los 2nr �cb a�-�-s.�� Emi�l d��fC4' �tf mt.. r�. ►=1 � af" i"a -t7� �.AS �v�J st�� /c �002. ssisting Officer. Emp. No.: Reporting Offi< � eport Reviewed By. Emp. No.: O.T.: � [�Y �� No G`RF ❑ Ham ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab Rec �� Tea i � D/C ❑ Burg ❑ TheH ❑ Prop � CAU � P&F 0 Auto DAO (� CO _ �� Carlos Rosillo — City's Exhibit No. 1 I CONTINUE NARHATIVE HERE �Y ?3��s Tmt s i.�'A1 /Q��n-o,c )v (=ety' /=aoh.. r� ca�. noS, L�o �C��,N �,a�ticc� d«� �'Ly A�� Aa�wc n4Rdec�;� C z , � - ��fi 1�e �<<�� sa�,��-��-;� �Y�r= AS w�cl.tc.t �r=r-«�,t.. A s y c�' »�xt� r=r�" r,�r,w Z'�c c� ✓t�'a�L�o A��,v Car��l AT rne. Kuow.a� i� �`�C�o tA:J J� � vxvrTa �n! 'Tf�G [�Ca�l, Aj �os,C�o La��Jtrf' Mti 1,�e�.cf' Ti�c- oes' � C/n��-c /.4v.1 �jn, arFR�t� l�sil/'utf"e oJ��,eo, ��w�S's SL�,s%��And As 1 c{�ce•rt,A�lAV 7!'c. fqs -rd srrlccuAls ,7/c cA� F!LMOsfi +,: � .. J 12finlj� c:xa. 5� ��,qd L�t'e I�Sw+f orJ To 9� i/ci'��L.e, 6�.-.�..+A� /,�iQUC. I=cLL tirocl�.` Nt�c�t.- T1�_ T+�s•:�AGL 9' is f,nt� Swru Y�.LL�u-S nn-�tti�:vs �os�L[o 'ro s� �„��' /� n+�ac.o � t/�'c�. � .�- . � , -. ::: �s „ � ,; � ,� $�, • e- �, a �.y'.,�;.Y d x z - . : " � / �- Qr�7G2. �p?AC�u�I �w�S olu1� � yA�t iNS�c1G 7YcZ N• S(`�cL.1.,.�� CA�-12c.� C��`" INtc1� �A� ��,v� o�rl �/�c�n dis�lRf��cti. T n�Att� 7/�c. �IttJtn, pF Gob�� Cc�+.c�Ac.lC ��'�d N.S,�u,� A�p,�x a� M �� t-�,. 2as,C10 ��un..vr:.I AN� 1- �%D �Ntz��! �,� , As �'J�lc dn�,rc.�. !As�l /Lo�, CLa r'cr- !-�is Q. L 1 /,1c /�F'�sc�I fa ��u-�. �'�' TD �+IG sf�I;Nf ` � !'" y /l,�t��,d,�f"do /�rrf/•I.N � �d�d,v� kvo� 4'0-�. i.uc,�,e G- CoF � � /�NOi�cA. Di �t % RLk�� /Las�L.�o s iJ�f S /V7nJ s M^e, �is �1. L. �9�af=1=•<.cn. LJAS S 5',Rrc�tLRN� eh � t/�Gc t,lN��; �Kj<��O ��h..G Nc d��J� {G,vew � wA3 c��o O(=Frcrn.. �SA�c� �'"f�e. (�1✓.�clt�, (i✓o�r� i o�� /,:n 2 wRs w � eACc:� G.C-boYF=R� �vc1� �o�r! 9'l,I� 3 W � ei-�( 1�..� � r�lc� al-� Sc� i� c%i d.��„�n s s�� tl w�, f n+ /CA: �� clu� A�vd I�oS c LLo G��,o,,,�J ��,✓AsN?' L,re.4�,.�� tf �.�.1d �.�.Zi,,.�N�O:MS1�S� � zss�..�....1 l�s<L10 c,-l 97- %6��yD �o� 1=R<L�- �r7 �,5�:� � Po�,<e �,w�.� /LoS�C1 ` f1 t Tf� �s �AMR s,�,✓�' tl. . o �1.cP��:1 � �ic/,s �s .3,..i..ts , rs , �� GNLL c�-/ N,��S ,o,u..c my L.ow•Y�.... �o•�. w�4L �T n R � � YocuLs .��/1x /lo�tL�a c�.C��,Y oi= �I�c o�'�{'ArearJ� �,cPGa�nrcL � f��ni �aw !�e eo.•�.Cd �'�qkt r.C��.oI= iJc /��PL'e:1��s« �1Q �iJ CD�. �' � u/AS �Aj�ec! AN J I�t�cASGC[ . 9�-ioy3 Lic ID ................... STAT.••••• ............... Business Name............ Address .................. Zip .........•••.......... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 18477 AC ROSILLO, CARLOS 540 3RD ST SE 56096 CARLOS ROSILLO TAXICAB LICENSE 04/18/97 N/A 451-8056 DRIVER (RENEW) �I!!�!!�!!�l�I�l6----- - --__--_- -�■ _ Carlos Rosillo —' City's Exhibit No. 2 .. f � u CITY OF 5AINT PAUL Norm Colemme, Mayor April 7, 1997 NOTICE OF VIOLATION Carlos Rosillo 540 SE Third Street Winnebago, MN 56098 RE: Taxicab Driver License held by Carlos Rosillo License ID #: 18477 OFFIC� THE CITY ATTQRNEY Peg Birk,Z�r[y Attomey 97-�, Civil Division 400 Ciry Hall IS West Kellogg Blvd Saint Paul M'mnesota 55/02 Telephone: 672 266-8710 Facsimile: 671298-5619 Dear Mr. Rosillo: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against your taxicab driver license based on the following information: On March 14, 1997 a uniformed police office was attempting to arrest a woman for visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, agaia identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. If you do not dispute that the above facts, please send me a letter so that the matter can be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the • _n _ _> ..... . _.�....__ _. ■ — Carios Rosillo City's Exhibit No. 3 ' � � administrative law judge. �� Q7-/ay:� Please let me know in writing no later than Monday, April 14, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, �S� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Christine Rozek, Troy Gilbertson Director of LIEP Deguty Director of LIEP l 1 i • 9 � - /� `�3 STATE OR MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 8, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street Winnebago, MN. 56098 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of April, 1997. /� ./�/- �/Y�/J� N tary Pu lic Z RITA f4/I. BOSSARD � �..� ` ,• N�TARYPU84IC-M1hIP1YESOTA RAAhSEY CAUfV7Y � A a � -. OFFICE OF THE CITY ATTORNEY Peg B"vh, Ciry Attorney �7�1d � CITY OF SAINT PAUL Norm Coleman, Mayor April 18, 1997 C"rviI Div'uion 400 Ciry Hall IS West Kellogg Btvd Saint Paul, M'mnesota 55702 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Te7ephone: 611266-8710 Facsimile: 6I2 298-5619 Please take notice that a hearing will be held at the following time, date and place concerning your Taxicab Driver's license: Date: Thursday, June 5, 1997 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Rellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Aearings: Name: Steve Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 31�, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intcxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other �� — Carlos Rosillo City's Exhibit No. 4 �7-�oY3 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman £or visiting a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police: You're under arrest, get out of the cab!" The o£ficer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove otf, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �� 9 7 - /U �f,3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �/�C.�, �: �'—� ^�c�1 v Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3 3 9� -ioy3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 18, 1997, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Carlos Rosillo 540 SE Third Street St. Paul, MN. 56096 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of April, 1997. -�� /�� r Notary Public � RlTA M. BpSS�4F�D � � � NOTARYPUBLIC—f::t:i;,c;�TA S _ < RR�S=Y CCU;�i i'f ■��;+; �My COmm. Er.p:;es Jan. 37, 20�p � s 0 § 6 09.498 �me (a1 inten �oa�a� bed - or s �es or i nteationall CR �ans of � dis �11IIVAL CODE aut5orized bY law,• a wifaess from a nding'or rzs ' y �� 3 �(4)� or 5 �llade by Subdroision I, Prev�n� or ( b ) bY means of y la 3e �b at anY 4iai, Pro��g o��°4� falseIy at �Y ecerces o att emP�s to 4�7' authorized b� ob ��become�w (3), (47, or {5), (c) inten o� ' Proceedi�g, or in aet des c r I bed in sect�onents or d i ssuades or a#e Y 1acr; tness �� Ib �annation fo Iaw �orcement auth� Mbe c � or (�> a�� on Y tIlea � �Y iretenti m� of y aet des g a'ime; or fi' prov�� 4'ime �Y ecerces or attem �'.bed 'm seetion 609 to law e nforcement au �ts to ecerce a Person � subdi�,y�on 1, �] Amended b � lSee tO Provcde false �� 8 Y Lawa 19g9, e 294, $§ 1 2, eff. A'nain volu�rty f 3J - . g 1, I987� Iaws 1 9g5, e. ?s14. $ 18. 1�7 LeBislation H �fOrica� �d Statutory N The 198? araend � - . �� For form f subd� w1�ta �� ; 13e�I 9 �ase n�� cls. (c) and ume. �. 1, �rime p effe�� Aug ' P�i� �at� this amend- § 8at mendin �� g3, P��% `Yntentionyi�• ment 199 c. an or afr,�r E}�at date. pP to aad apPlies t g a'�ua�es I) u�3'eetive Augus 2� 2� 609.50. 06st ��. C Om�tted on or y� �t ��huetion 3ubdivisionructin8 le8a1 process. arrest, or fireS 6 � enfozrement a as provided in subdii� in Shttng S.Ct. 23;v. �°�O�1y does any of the folloming may ��n�nced ( obstruca , hinder� or�f � oa a u fW esecution of anv � or APrehension Areven (2) obstruet�, resists, �o�er �e� Ae�o��nan�e ofof °r 'n�rferes tc� � °L convietion o g a Proeess, civi] or heial dut�e � a peace officer wtu2e � offense; 1a�3) interfares with or obs the officer ' �1 order ofa firefighte �� e Pre��enbo � engyged � the (4) b Aresent at the � e �b'�tishing of y Y foree or threat of force �e� or �'e, or c�obeys � revenue whiie t� emp10 ee endeavors to ob, P�'Pose of zz�� or ,„ �rferin Y engyged in [�h perfo emp2o`ee of the de dete wfia1� Subd 2, penalt 4 g S°�th the Perfo �ance of ofEciat d rnt of foIlows. y � Person �ce of those duties. the bo �� or t w'as com withnvicted of violating subdivision 1 may be sentenced as � h seMo � r t y a��, or th e �a t' created a risk of death, subs cvithout� e o1'fice�s�$ ent� t0 take the offieeYs fireed fhe ' tau � �e of not more tha� S�0 �� t0'�PMSOnment for n �� ( if the or 6oth; more t� from the offfcer's�ng of a acE w �&ce years or to Possession for not more tha onec��Pan'ed by foree or PaY�eni of a � in other ye� or � �olence or �� case� to , AaYment af a$ne of not �at thereof, to itn more tt�� g�� or bot1�P�0�ent for not a'Qre than � ppp PI'isonment Amended more tha� yp or both; or i9si, e.1A3, § IaFJ$ z988. e. �§ I, eff da or to paYtnent of a fine of not AP � �"`', � Lams 19gg, c. 5§ 4, eff. Aug. I, 2989; Laws � 200 � Car(os Rosipo � City=S �hibit No, 5 s G! 7 CRItii Q Derivatic St. Ig� Laws 1: aw Laws l< Laws19 Lams 19 Laws 19� St 1961, St. ls2r Gea St 7 Gen. St 1 Rev. � iy; �. Sc l; Pen, Code Gen.3L lE Lams 28'!4, t988 Legislai The 2988 a mith referenc officer. Befenses ? x9res. intedem: 1. Val�dity Prolvbition in manee of o aith prohibition w � cat obstnccrion o: s2antialtY fivsfrati mance of dutles, verbat eri��sm di� interruPting ofriee Brawskl', 19�, 42E Misdemeanor p�r tionally interfering performattce of offi �s�c Foi cleaz2y Pmhi6ited siruction or :nterfer formance a; his dcf: �"�'7 or diacMm�n Krawsky, I98&, 4?6 3 �. Fizes, interfe� DePUty state fire tion with fue gg5te: they agz�d rq let f mbic�h sa�nstrucdos constiLUCz upqn �� I physical STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ��_� b L�3 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 April22, 1997 Peter P. Pangbom, Paralegal Office of the City Attorney Civil Division 400 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: Taxicab Driver's License Held by Carlos Rosillo OAH Docket No. 12-2111-11095-3 Dear Mr. Pangborn: As requested in your letter of April 18, 1997, enclosed is a subpoena requiring the attendance of Officer William Beaudette at the hearing on June 5 in the above- referenced matter. Sincerely, � � ?�7 ��'��c� �� STEVE M. MIHALCHICK Administrative Law Judge Telephone: 612/349-2544 Sn Enc. Providing impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 q�,�o�N3 .� � �..-- � �� : �)� STATE OF MINNESOTA OFFICE OF ADMIIVISTRATIVE HEARINGS fffARING SUBPOENA TO: Officer William Beaudette, St. Paul Police Department, 100 E. 11th Street, St. Paul, Minnesota 55101 GREETINGS: YOU ARE HEREBY COMMANDED to lay aside all your business and excuses and to appear before Administrative Law Judge Steve M. Mihalchick of the O�ce of Administrative Hearings of the State of Minnesota, at St. Paul Ciry Hall, Room 41, in the City of St. Paul, Ramsey County, Minnesota, on Thursday, the 5th day of June, 1997, at 9:30 o'clack in the forenoon, to appear as a witness in the matter of the Taxicab Driver's License Held bv Carlos Rosillo. Pursuant to the authority granted at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chief Administrative Law Judge, at Minneapolis, Minnesota this 22nd day of April, 1997. E. � � � °� Law Judge 612/341-7600 Subpoena requested by: Virginia Palmer, Assistant City Attorney; 612/266-8710 OFFICE OF THE CITY ATTORNEY Timothy E. Mar� City Attorney �.� /Q ,y �j J CI� �F' Still V T Pfi�. - �J �' --~ Civil Division Nonrs Coleman, Mayor `,-, � n ,� , �, 4QO,City Hall Telephone: 612 266-8770 ' �=� •� =— �•_� <'IS�estKelloggBlvd. Facsimi7e: 612298-5619 _ Sain! Panl, Mmnesata 55102 E , . --. ,.. � . [-,: , : ; : _ t.�. _ -. �.�J U"� � April 18, 1997 '� 1 �, � � R J 3 Judge Steve Milia.lchick l a c/o Louise Cooper OfFice of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: T�icab Driver's license held by Carlos Rosillo Dear Judge Mihalchick: The purpose of this letter is to request a subpoena pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case hearing that is scheduled to be heard before you on Thursday, 3une 5, 1997. This request is made on behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling this witness to testify regarding the incident which serves as a basis for the action against the Taxicab Driver's license of Mr. Carlos Rosillo. In order to ensure this individual will be in attendance to testify, the City of St. Paul requests from the State Office of Administrative Hearings a subpoena for the following individual: 1.) Officer William Beaudette St. Paul Police Dept. 100 E. l lth Street St. Paul, MN 55 i Ol The hearing is scheduled to start at 9:30 a.m. on Thursday, June 5, 1997, in Room 41 St. Paul City Hall, 15 West 4th St., St. Paul, NIN 55102. If you need additional information or have any quesfions regazding this request, please do not hesitate to ca11 me at 266-8776. Thank you. ,• . ii ,�. Y � � � N " Peter P. Pangborn Paralegal CITY OF SAINT PAUL Norm Coleman, Mayor OFFICE OF THE CITY ATTORNEY Peg Birk, Ciry Attorney R�-�oN3 ' � � Civil Division � z a�] j t s. ; rn, nq�0 City Hall Telephone: 612 266-8710 � r t=,.";: L; f�� - =� �QS1KelloggBlvd Facsimik: 671198-5619 . - - - - - � Samt Pau� M'mnesom 55102 i :_, � .,.. -� April 18, 1997 NOTICE OF HEARING Carlos Rosillo 540 SE Third Street Winnebago, Minnesota 56096 RE: Taxicab Driver's License License ID No.: 18477 Our File Number: G97-0198 Dear Mr. Rosillo: held by Carlos Rosillo Please take notice that a hearing-will be held at the following time,. date and place_concerning your Taxicab Driqer's license: Date: Time: Place: Thursday, June 5, 1997 9:30 a.m. Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve Mihalchick Office of Administrative Hearinga 100 S4ashington Square, Suite 1700 Minneapolis, bII�. 55401 Telephone: 349-2544 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and individuals and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other 97-��13 penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your Taxicab Driver's License: On March 14, 1997 a Saint Paul police officer was attempting to arrest a woman for visitiag a disorderly house. The officer saw her getting into City Wide Cab #81, and yelled to her "Police! You're under arrest, get out of the cab!" The officer made eye contact with the driver, again identified himself as a police officer, and started to open the door. The driver then drove off, ignoring the officer's order for him to stop the cab. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 �7ri6N.3 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. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, r/��,�� Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Robert Kessler, Christine Rozek, Nancy Thomas, Washington Assistant Council Secretary, 310 City Hall Director, LIEP LIEP Office of Administrative Hearings, 100 Square, Suite 1700, Mpls, MN 55401 Notice of Hearing - Page 3