HomeMy WebLinkAboutLETTER TO CLERK FROM LAWYER SUZY SCHARES
From: Chris Wendland <chris.wendland@cbwhlaw.com>
Sent: Thursday, May 15, 2014 3:15 PM
To: SUZY SCHARES
Subject: Taxi driver
Suzy:
You're right, the ordinance is sketchy in prescribing the weight to be given to various factors. As you pointed
out, as to an applicant for a taxi driver's license,the police is to investigate the criminal history,with an eye toward
specific matters such as sex offender registration and whether any outstanding warrants exist. However, the list of
relevant matters isn't necessarily limited to those. The police chief makes a recommendation to you, and then you
decide whether a license should be issued. The applicant has an opportunity to appeal to council if you choose to deny
the license, so it is possible that the governing body may view things differently, make their own decision about whether
the applicant poses a risk to the public interest, and approve the issuance of a license anyway.
As to "permits"to operate a taxicab, section 3-5B-12 says that they can be suspended or revoked if the holder
"violates any ordinance of the city, or the laws of the United States or the state,the violations of which reflect unfavorably
on the fitness of the holder to offer public transportation ." Section 3-5B-23,which deals with suspension or revocation of
tax driver's licenses,the language is less specific. However, if violations of law that reflect unfavorably on fitness to hold
a permit,the argument seems strong that such considerations are equally relevant to those to hold a license to drive
taxis.
At bottom, I think you are within your discretion to deny the application. The applicant has a criminal
background that is arguably relevant for people who have close interactions with the public, and the police chief has
recommended denial. Acting on these criteria, a decision to deny does not appear to be arbitrary. Also,the applicant
has procedural protections under the ordinance because he or she has a right to make appeal to the council.
To help shore up the sense of yourself and the public about how far your discretion is enabled or limited, it may
be advisable to consider suitable amendments to the ordinance for purposes of handling future applications.
Chris Wendland
Clark, Butler, Walsh & Hamann
Phone: (319) 234-5701
Fax: (319) 232-9579
e-mail: chris.wendland@cbwhlaw.com
Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703
Mailing: P.O. Box 596,Waterloo, Iowa, 50704
1