85-7023R68
RESOLUTION i10. 7023
RESOLUTION DENYING
TAXICAB DRIVERS LICENSE
BE IT RESOLVED $Y THE CITY COUNCIL OF THE CITY OF RICHFIELD AS
FOLLOWS:
I. PROCEDURAL FINDINGS AND DETERMINATION
A. FINDINGS
1. That on or about March 14, 1985 Dexter Eugene
Bingham (applicant) made application for a taxicab
driver's license pursuant to Richfield. Ordinance
Code Section 6.21. ,
2, That an investigation was conducted by the Depart-
ment of Public Safety.
3. That on March 18, 1985 the applicant was notified
that his application was being denied and of his
right to appeal the denial to the City Council.
4. That on or about March 20, 1985 the applicant
notified the City that he wished to appeal his
denial to the City Council.
5. That the matter came on for hearing on applicant's
appeal before the City Council at its regularly
scheduled Council meeting of April 22, 1985. The
following individuals appeared at the hearing:
Dexter Eugene Bingham
Dr, William Erickson
Thomas A, Morgan, Jr.
John B. Dean
B. DETERMINATION
The matter is properly before tre City Council pursuant
to Richfield Ordinance Ccde Section 5.I1 and the
applicant has been provided a full opportunity to
present testimony and evidence, be represented by an
attorney and to cross-examine all individuals who have
appeared in support of the Public Safety Director's
denial.
II. FINDINGS AND DETEP~SINATSON WITH RESPECT TO LICENSURE
A. FINDINGS
1. The applicant was convicted of Criminal Sexual
Conduct in the Second Degree on or about June 15,
1981. The charge for which he was convicted
involved having sexual contact with a 14 year old
on or about January 7, 1981.
2. The licensed activity customarily involves the
transportation of unattended children to school
and ether destinations and places the cab driver
in a position of authority and control over such
children. As such, the conviction relates direct-
ly to the occupation for which, Iicensure is
sought, and constitutes a basis for denial
pursuant to Richfield Ordinance Code Section 6.21.
3. Following conviction; the applicant was given a 15
year prison sentence which was stayed on condition
that he successfully complete a program of treat-
. meet at Alpha House .
4. Applicant's probation was revoked on or about
November 1,.1983- and he was sent t.o the Minnesota
State Prison at Stillwater.
5. Applicant was paroled to Lino Lakes on or about
July 11, 1984 and was released from Lino Lakes on
or about July 25, 1984.
6. Applicant's sentence was discharged on Febru-
ary 21, .1985.
7. Statements made b~ the applicant indicate a number
of incidents involving sexual contact involving
children dating back prior to January 7, 1981 to
1975. That on at least two c^.~asi;`:.s, the appli-
cant sought treatment and cou^seling but discon-
tinued such programs believing himself to be
cured.
8. Subsequent to his conviction, the applicant has
neither engaged in nor successfully ccrrpleted any
significant program of treatment for child crimi-
nal sexual offenders.
9. Absent an ongoing and comprehensive treat::^.ent
program for such offenders, the statistical
likelihood of further improper conduct is high.
_ B. DETERMINATION
The applicant has failed to produce competent evidence
of sufficient- rehabilitation and present fitness to
gerform the duties for which the license is sought.
III. CONCLUSION
The action of the Director of Public Safety denying the
applicant a license to drive a taxicab within the City of
Richfield is affirmed.
Passed by the Cit;
22nd. day of April, 19£
ATTEST
Thomas Ferber ^Ci C erk
ty