01/07/1991
APPEAL TO CITY MANAGER re TAXI OPERATOR'S PERMIT - ROBERT A. BRASFIELD
January 7, 1991
Present: Kathy Rice, Assistant City Manager
Lt. Michael Bruscell, Police Department
Milton A. Galbraith, Jr., City Attorney
Cynthia E. Goudeau, City Clerk
Also Present: Robert A. Brasfield, Appellant
The meeting was called to order at 10:31 a.m. in the City Manager's Conference Room.
Mr. Brasfield indicated he had with him Reverend Harold Milby as a character witness.
Lt. Bruscell indicated the Code provides that the Police Department can not issue a taxi operator
permit to an individual who has been convicted or who has been on probation within two year's of the
application for the permit. Lt. Bruscell indicated Mr. Brasfield is currently serving a fifteen year probation
after having served some jail time on forgery charges.
Mr. Brasfield indicated he realizes the problem, and being on probation for that amount of time would
cause some hesitancy in the Police Department in approving his permit. He stated he is trying to make a
living, and the crime for which he is serving the probation was theft and not a violent crime.
Reverend Milby indicated Mr. Brasfield has been a good standing member of his church since 1983.
He stated the judge in Mr. Brasfield's case felt Mr. Brasfield was sincere in straightening out his life.
Reverend Milby stated, hopefully, Clearwater can show some leniency in this case.
Kathy Rice read into the record Section 61.41(1)g which states "The applicant must not have been
convicted, been on probation, parole or served time on a sentence for a period of two years previous to the
date of application for the violation of any of the following criminal offenses of the State of Florida or any
other state or of the United States as follows: criminal homicide, sexual battery, aggravated battery,
aggravated child abuse, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while
under the influence of intoxicating beverages or drugs, lewd, lascivious or indecent assault, or act upon or in
the presence of a child under the age of sixteen years, grand theft, dealing in stolen property, criminal
solicitation to commit any of the above, criminal attempt to commit any of the above, any felony in the
commission of which a motor vehicle was used, perjury or false swearing and making any statement under
oath in connection with the application for a driver's permit, or unlawful possession, sales or distribution of
any controlled substance which is regulated or prohibited by Chapter 893 of the Florida Statutes."
Appeal to CM 1/07/91
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The City Attorney questioned for what offense Mr. Brasfield was serving the probation.
Mr. Brasfield indicated 31 counts of forgery and one count of grand theft. In response to a question,
Mr. Brasfield indicated he was on probation, not convicted of these crimes. He stated adjudication was
withheld, and he has been on probation for seven years with no problems.
Discussion ensued regarding for which charge Mr. Brasfield was serving the probation. The City
Attorney indicated we needed evidence of the charges.
Mrs. Rice requested that Mr. Brasfield get this information from his Probation Officer in order to
assist her in making a decision in this case. She stated once she has the information, she will make her
decision as soon as possible.
Mr. Brasfield indicated he needed the type of job in which he had flexible hours.
The meeting adjourned at 10:45 a.m.
Appeal to CM 1/07/91
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