10/17/77 Board of Public Works Minutes

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REGULAR MEETING OCTOBER 17, 1977 TAXI DRIVER'S PERMIT OF RALPH ALVAREZ SUSPENDED FOR T140 WEEKS The public hearing on consideration of the revocation of the taxi driver's permit of Ralph A. Alvarez was held on October 3, 1977 and was continued to allow the Legal Department to request the current status of Mr. Alvarez' Indiana driver's license. Mr. Alvarez was requested to attend this meeting and he was present. Mr. Brunner advised the Board that James Masters of the Legal Department Staff would make a presentation regarding Mr. Alvarez' driving record and then a recommendation would be made with respect to disposition of this matter. Mr. Masters summarized this matter for the Board. He stated that the Municipal Code, Section 15.54 provides that the Board may revoke or suspend a taxi driver's permit for any driver who fails to comply with all provisions of the Cade and any suspension may be up to a period of thirty days. This section of the Code also provides for the public hearing. Mr. Alvarez was notified by certified mail, return receipt requested, on September 19, 1977 that the Board would conduct a hearing on consideration of the revocation of his taxi driver's permit on Monday, September 26, 1977 at 9:30 a.m. Mr. Alvarez was present on September 26. That hearing was continued until October 3. Mr. Alvarez was present on October 3 and the hearing was held. The Board received certification from the Commissioner of Motor Vehicles, dated July 14, 1977, indicating that Mr. Alvarez' license was suspended. The Legal Department requested an updated report from the Commissioner of Motor Vehicles and the matter was tabled until today. Mr. Alvarez was notified by certified mail, return receipt requested, that the matter would be heard today. Mr. Alvarez was present. Mr. Masters advised the Board that a Certification from the Commissioner of Motor Vehicles, dated October 4, 1977, indicated that the status of the license was "Clear". He pointed out that a letter from Captain Edward Friend, Internal Affairs Officer of the South Bend Police Department, filed with the Board of Public Safety,indicated that Mr. Alvarez was issued two traffic citations on June 23, 1977. One was for driving with defective equipment, having no left headlight, and one was for driving with an expired driver's license. A subsequent check indicated that Mr. Alvarez' license was, in fact, suspended from May 27 through July 14, 1977. The certification of the Commissioner of Motor Vehicles indicates that prior to September 29, 1977, Mr. Alvarez' license was suspended. Mr. Masters said, in summary, it appears that Mr. Alvarez was driving a taxi cab with a suspended operator's permit and this constitutes a violation of the Municipal Code, Section 15-55. Mr. Brunner then told Mr. Alvarez that the allegation is that on June 23 he was driving a motor vehicle without a valid driver's license. Mr. Alvarez said he was issued two tickets by the Police Department during the time they were trying to get a raise and, since that time, the Police Department and the Board have been harassing him. He said if the Board thinks the recommendation is correct, they should do what they feel is justified. Mr. Brunner said the record before the Board is from the State Commissioner of Motor Vehicles and he did not think Mr. Alvarez felt that Bureau was harassing him. Mr. Brunner said he would move that Mr. Alvarez'taxi driver's permit be suspended for two weeks, beginning today. Mr. McMahon seconded the motion and it carried, with Mr. McMahon and Mr. Mullen voting "Aye" and Mr. Brunner abstaining. Mr. Alvarez asked the reason for Mr. Brunner's abstention and Mr. Brunner responded that he would take no part in the vote tally on the matter. Mr. Brunner asked Mr. Alvarez which cab company employed him and Mr. Alvarez said he drove for the Indiana Cab Company. Mr. Mullen said it was his opinion that insurance coverage is terminated when a license is suspended and said Mr. Alvarez should check the current status of his insurance liability coverage. Mr. Alvarez said he wanted the record to show that the Board has suspended his taxi license for two weeks because the date this incident occurred his driver's license was suspended.