License Review Board

License Appeal Board City Hall Commission Chambers 10 N. Division St. Battle Creek, MI 49016 Tuesday, February 26, 2008 9:00 a.m. Present: Joyce Garrett, Mike Troutman, and Dan Determann Absent: Barbara Parsons Others: Dee Laser, Michael Oliver, and Detective Jim Mitcavish Call to Order: The meeting was called to order at 9:05 a.m. Mr. Determann declared the hearing open and asked Mr. Oliver to provide background information. Mr. Oliver stated he had previously been in trouble; however, he was trying to better his life, support his family, and be a good example to his six year old son. He stated he is asking for a second chance and wants to make a positive impact on his community. Mr. Determann asked what the problem was. Mr. Oliver stated for many years he did not have a driver’s license. He had some charges including DWLS and drug charges. He stated he is currently clean. Mr. Determann asked if he got his CDL in anticipation of driving a cab. Mr. Oliver answered no, stating his intention was to drive semi trucks. He stated how difficult it was to get a job with a record of felonies. He realized he had done things in the past; however, he is trying to change, do the right thing, and serve his community. Mr. Troutman asked Mr. Oliver how long he had a valid driver’s license prior to chauffer’s license. Mr. Oliver answered one year with no infractions. Ms. Garrett asked Mr. Oliver if he was currently employed. Mr. Oliver answered he worked sporadically in construction. Mr. Determann asked Officer Mitcavish for his presentation. 1 Officer Mitcavish stated his denial was based on criminal history. He stated he was uneasy with Mr. Oliver’s record being spread out from 1991 to his most recent 2006 charge of possession of crack. He stated some other incidents were as follows: 6-24-91, hindering and oppressing; 12-22-93, spouse abuse; and 7-31-03 drug raid. He stated the denial was based on past criminal history and not good moral character. He reiterated he was uncomfortable with the wide span of years from 1991 to 2006. He stated he believed Mr. Oliver was sincere; however, he reiterated he was uncomfortable with the wide gap of years from 1991 to 2006. Mr. Oliver noted his willingness to comply with any conditions set forth by the Board. Mr. Determann thanked Mr. Oliver for his letter and being straight forward and honest. He stated he contacted the three references listed on Mr. Oliver’s application and all were favorable. Mr. Determann stated even though he agreed with Officer Mitcavish, he would be willing to take a risk and give him an opportunity to drive. Ms. Garrett stated she was impressed by the letter and appreciated his honesty. She stated her concern with the safety of the public, especially with the recent possession. Mr. Troutman’s concern was with lack of license and the drug trade. He also appreciated his honesty and letter. A motion was made by Mr. Troutman, supported by Ms. Garrett, to uphold the denial. VOTE: 2 – 1 (Determann) Denial decision was upheld. Mr. Oliver thanked the Board for their consideration. Public Comments: None. Adjournment: The meeting was adjourned at 9:34 a.m. DAL/cs 2