10/19/1998
ADMINISTRATIVE HEARING
Occupational License Appeal - Terry Kurmay
October 19, 1998 - 1:30 p.m.
Present: Arlita Hallam Quality of Life Administrator
Robert J. Surette Assistant City Attorney/Police Legal Advisor
George Koder Police Department Detective
Patricia Sullivan Board Reporter
Also Present: Terry Kurmay Appellant
Appellant Exhibits: None
City Exhibits: A. Background Information Report - completed by applicant - August
4, 1998
B. Clearwater Police Department Personal Data Report - completed
by applicant - August 5, 1998
C. Copy of August 13, 1998, City of Clearwater letter to Stratford,
Connecticut
D. Pinellas County Justice Information System - Charge disposition
E. Certified Copy of City Ordinance 29.41(5)(c)
Quality of Life Administrator Arlita Hallam, representing City Manager Mike Roberto,
opened the meeting at 1:30 p.m. and indicated a ruling will be issued within 10 days.
Terry Kurmay, appellant, stated he recently had purchased Yellow Cab of Tampa Bay
and subsequently was denied an occupational license due to incomplete information on the
Police Department Personal Data report. He said he was rushed when completing the
application. He had listed his other arrests but had forgotten a previous one.
In response to questions from Assistant City Attorney Rob Surette, Police Detective
George Koder said he had compared Mr. Kurmay’s application with the FDLE (Florida
Department of Law Enforcement) criminal history report obtained by the Police Records
Section. Both the City’s application and personal data report request the applicant to list all
convictions and/or charges. Detective Koder indicated Mr. Kurmay had listed his grand theft
charges but not the 1982 forgery conviction in Connecticut. Stratford, Connecticut had replied
to the City’s August 13, 1998, letter, indicating Mr. Kurmay had been found guilty of forgery,
jailed for 6 months, and then served 1 year probation.
Mr. Surette submitted a copy of City Ordinance 29.41(5)(c), which indicates the City will
deny an occupational license if the applicant knowingly makes a false statement on the permit
application. Detective Koder indicated when he spoke with the applicant following the denial,
the applicant stated he had forgotten the incident as it had occurred long ago. The appellant
also had stated that he had never been in jail. Detective Koder felt the applicant was hiding
something as his record indicated he had spent 6 months in a Connecticut jail.
Mr. Kurmay said he had not knowingly omitted information regarding that incident but
rd
had forgotten about the 3 degree misdemeanor. He said he is now an upstanding citizen.
Mah1098 1 10/19/98
He has an occupational license issued by the City of St. Petersburg, is bonded, and is a
Notary Public. In response to a question, Mr. Kurmay explained the St. Petersburg Police had
dropped the 1991 and 1994 vehicle theft charges when it was realized mistakes had been
made. He said the 1992 aggravated assault charge, when he had hit a man who had pushed
down his pregnant wife, had been dropped. He said no weapon had been used in that
incident.
In response to a question, Detective Koder said none of the applicant’s arrests would
have prevented the City from issuing an occupational license. The license was denied due to
the omission of requested information. Mr. Surette said the City requires background
information to protect the health, safety, and welfare of City residents. Some convictions result
in automatic denial. The City is concerned about the character of applicants, feeling that those
who provide false or misleading information may not be honest with citizens. According to
Code, the applicant cannot reapply for a license for one year. Mr. Surette did not believe
anyone could forget having spent 6 months in jail. He said the forms are designed to capture
all relevant information regarding previous criminal activities. He said the omission of
information related to criminal acts is grounds for denial.
Mr. Kurmay said he had forgotten the earlier arrest when completing the application.
He said he is a good business man and is a member of the Optimists Club, the St. Petersburg
Chamber of Commerce, and Better Business Bureau. He said he is not a criminal and has not
hurt anyone. Mr. Kurmay reviewed the City’s exhibits and did not object to their submission.
Dr. Hallam said she will consider the information presented today and will respond
within 10 days.
Dr. Hallam concluded the proceedings at 2:03 p.m.
Mah1098 2 10/19/98