08/06/1992
TAXI DRIVER OPERATOR'S PERMIT DENIAL APPEAL TO THE CITY MANAGER
by Roberta Young
August 6, 1992 - 9:30 a.m.
Present: Jeff Harper, Director of Administrative Services
Richard Hull, Assistant City Attorney
Sergeant Donn Githens, Clearwater Police Department
Gwen Legters, City Clerk Department
Also Present: Roberta Ann Young, Appellant
Robert Walker, Attorney for Appellant
Mr. Harper called the meeting to order at 9:30 a.m. Witnesses were sworn in by Ms. Legters.
Robert Walker, attorney representing Ms. Young, stated her application for a taxicab operating
permit was denied based on a falsified application and a criminal record. He stated Ms.
Young's DUI conviction occurred in 1978 and she was told by a police department
representative only convictions within the last two years are relevant to the permit application.
In response to questions, Mr. Young stated she did not intend, nor does she feel she has
falsified information. She stated she obtained a taxi operating permit in 1987, was not
required to disclose the prior conviction when seeking renewal in 1988, and presumed it was
not necessary to list the 14-year-old conviction on the current application. She stated she has
had no convictions within the last two years.
Attorney Walker considered the application form to be too broad in scope and expressed
concern regarding applicants being required to divulge irrelevant personal information.
Sergeant Githens stated police department personnel have been instructed to inform
applicants they must complete all information requested on the standard application form. He
referred to code §61.41(2), saying the code does not give him discretionary power to decide
whether or not to accept partial information.
Discussion ensued regarding the code in this matter; whether or not an applicant is required to
list irrelevant information.
In response to a question, Attorney Hull stated the code does not address listing incomplete
information on an application and the prior criminal record in this case falls outside the scope
of the ordinance. He questioned if Ms. Young's statement could be considered to be falsified
when she did list a 1980 arrest on a prior application, which is included in her permit file.
Ms. Young stated she was recently told any driver seeking permit renewal would be denied
based on having a prior conviction for DUI. Sergeant Githens indicated he is conducting more
intensive background checks than were done in the past.
Mr. Harper stated a decision will be made within ten days and the appellant will be notified in
writing.
The meeting was adjourned at 10:00 a.m.
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