License Review Board

License Review Board Appeal Hearing Commission Chambers – City Hall 10 N. Division Street Battle Creek, MI 49014 Wednesday, March 10, 2004 10:00 A.M. Members Present: Barbara Parsons, Denise Washington, John Anderson, Dan Determann, and Joyce Garrett Members Absent: None. Others Present: Officer James Mitcavish, Russell Tanner, Dee Laser Purpose: To consider the denial of a Taxi Driver License. Ms. Washington opened the Appeal Hearing and asked Russell Tanner to address the Board. 1. Russell Tanner - Mr. Tanner stated he applied for a taxi driver permit through the City Clerk’s Office and was denied a permit based on his criminal history. He stated that he had a couple of suspensions on his driver’s license and noted the suspensions were due to late payment of civil infractions. Mr. Tanner stated that he has not had any further incidents with the law, violated any City Ordinances, or had any felony charges. Mr. Tanner remarked that he had received a Taxi driver permit approximately four years ago. At that time, an officer interviewed him before the permit was issued. Discussion: Ms. Washington asked Mr. Tanner if he was familiar with City Ordinances 850 and 864 regarding the process of licensing. Mr. Tanner responded that he was not. In reviewing Mr. Tanner’s application, Ms. Washington expressed her concerns with the nature of his convictions. She confirmed that the City has an obligation to investigate every individual who requests a license and make a determination whether or not the licensee is of good character and a good candidate to do business within the City of Battle Creek. Ms. Washington questioned if Mr. Tanner met the criteria based on his application. Mr. Tanner stated that he is a professional painter by trade and recently completed a painting job for Comerica Bank. He felt that he has demonstrated that he is capable of serving the public in a proper manner. Ms. Garrett asked what year Mr. Tanner was issued a taxi driver’s permit. Mr. Tanner answered, “1999” and that he also had a permit in Grand Rapids seven or eight years ago. Ms. Parsons asked how long Mr. Tanner drove a taxi under the 1999 permit. Mr. Tanner responded, “four or five months.” License Review Board 2 March 10, 2004 Mr. Determann remarked that Mr. Tanner admitted on his application that he was convicted of substance abuse in 1997. He asked Mr. Tanner what substance was Mr. Tanner abusing at the time and if the domestic abuse charge was related to Mr. Tanner’s substance abuse. Mr. Tanner responded that he was convicted of a cocaine charge in 1997, but that it was unrelated to the domestic abuse charge. Mr. Determann also noted a charge of transporting open intoxicants in 2000 on Mr. Tanner’s application and asked if the item was alcohol. He also asked if Mr. Tanner was currently abusing alcohol or substance. Mr. Tanner answered that it was alcohol and that he was not currently an abuser. About three or four years ago, he completed a treatment program. Ms. Washington asked when was the last time that Mr. Tanner was bonded. Mr. Tanner recalled that he made an application to be bonded through the unemployment office approximately seven years ago and it was approved. Ms. Garrett asked Mr. Tanner when he was taxi cab driver in Grand Rapids. Mr. Tanner said that he has lived in Grand Rapids off and on over the last twenty- six years and was a taxi driver there approximately four months. Mr. Anderson asked Mr. Tanner if he was currently employed. Mr. Tanner said that he was not. Ms. Parsons asked why Mr. Tanner’s license was suspended. Mr. Tanner responded one charge was for speeding and the other was for no turn on red. Mr. Anderson asked if Mr. Tanner had a valid license at this time. Mr. Tanner answered that he did. 2. Officer Mitcavish – Battle Creek Police Department - Officer Mitcavish explained Mr. Tanner’s driving record and criminal history (CCH) to the License Review Board. He noted the first portion of the CCH is the arrest record, the middle portion is the charge segment, and the last portion is the judicial segment. The driver’s record shows two dates: the date action was taken and the date of occurrence. Discussion: Ms. Washington asked if the driving record reflected the most recent data on Mr. Tanner. Officer Mitcavish responded, “yes,” and noted when reviewing the licensing applications, he compares the violations that are listed on the application with the applicants CCH and driving record. Ms. Washington stated that she was in a state of awe regarding Mr. Tanner’s violations. Although she believed that everyone had the right to turn his life around, Ms. Washington remarked that she has not seen a change in Mr. Tanner from reviewing his charges. She expressed that she has an obligation to the City of Battle Creek and herself that she is making the best decision regarding Mr. Tanner’s character. She did not believe that Mr. Tanner has exemplified a sound and moral character that would justify the Board granting a license to drive a taxicab in the City of Battle Creek. License Review Board 3 March 10, 2004 Mr. Determann noted that Mr. Tanner had a significant amount of traffic violations and questioned if Mr. Tanner would be a safe driver in a commercial vehicle for Battle Creek. He felt that the number of motor vehicle violations raised more questions than answers. Ms. Parsons commented that Mr. Tanner seemed to be a likeable fellow, but did not feel that Mr. Tanner had a solid driving record or work history. Ms. Garrett echoed Ms. Parsons comments and stated that she was concerned with Mr. Tanner’s violations. Although the painting business is seasonal, Ms. Garrett would like to see a history of committed work assignments and no traffic offenses. Decision by License Review Board: A motion was made by Dan Determann, supported by Joyce Garrett, to sustain the denial of Robert Tanner’s request for a taxicab driver’s license. All yes. Motion carried. Adjournment: The appeal hearing was adjourned at 10:45 A.M. Respectfully submitted, Deidre A. Laser