04/02/1993
APPEAL OF TAXI OPERATOR PERMIT DENIAL - PAUL J. NUTTING
April 2, 1993
Present: Elizabeth Deptula, Assistant City Manager
Paul J. Nutting, Appellant
P. Richard Hull, Assistant City Attorney
Sergeant Don Githens
Holly M. Ausanio, Staff Assistant III
Elizabeth Deptula, Assistant City Manager called the meeting to order at 10:00 a.m.
Mr. Paul Nutting stated he was arrested last year for D.U.I. (driving under the influence of
alcohol). His court appearance was March 2, 1993, and he was given six months probation. The
judge did not take away his license, so he thought everything was okay. On March 17, 1993, he
was stabbed and, while in the hospital, the Clearwater Police Department called Clearwater Yellow
Cab Company and informed them of the D.U.I. charge and that they were denying his Taxi
Operator's Permit.
Sergeant Githens agreed with Mr. Nutting's testimony confirming he was placed on
probation in March for six months. He stated City ordinance reads that an applicant for a taxi
operator's permit must be off probation for a period of two years in order to be eligible for a taxi
driver's permit in the City of Clearwater. Mr. Nutting is on probation, so the permit was denied.
Just as it is customary for the Police Department to send the valid permits to the cab companies
who dispense them to the drivers, it is also customary that the denied permits be sent to the
employer. Sergeant Githens stated Mr. Nutting came to the Police Department and was informed
he would be denied and gave him information regarding the right to appeal.
Elizabeth Deptula, Assistant City Manager, stated City code specifically states the applicant
must "(7) 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..." which include "driving a motor vehicle while under the influence of intoxicating
beverages or drugs..."
In response to questions, Sergeant Githens stated that is the City code upon which the
denial was based. His investigation indicated that Mr. Nutting had been convicted and placed on
probation according to the records as contained in the Pinellas County Criminal Justice System.
On March 2, 1993, Mr. Nutting changed his plea to nolo contendere, he was adjudicated guilty,
ordered probation for six months with the salvation army, and assessed court costs.
In response to a question whether he agreed with Sergeant Githens statement, Mr. Nutting
agreed. He further stated he could not afford to hire a lawyer then or now. He is here today to
ask for leniency by the City. His blood alcohol level was really low, and he feels he shouldn't
have been charged with D.U.I. Mr. Nutting stated he has been driving a cab for many years, and
he needs the job. He has not had any problems with his associates on the job.
The Assistant City Manager informed Mr. Nutting that he would be notified within ten days
of the City's decision.
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The meeting adjourned at 10:12 a.m.
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