Loading...
HomeMy WebLinkAboutMINUTES - 08081989 - T.2 T. 2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _August 8, 1989 , by the following vote: AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Appeal of Michael Burk The Chair convened the hearing on the appeal of Michael Burk from the Sheriff' s denial of his application for a cardroom work permit for employment at "Diamond Syls" in Pacheco. Kevin Kerr, Counsel for the Sheriff, referred to County Ordinance Code Section 53-3 .707 regarding applications for cardroom work permits which states that the Sheriff may deny the initial or renewal application for a cardroom work permit if in his opinion the applicant was convicted of a felony, or of a misdemeanor involving theft or fraud or other dishonesty or is not of good moral character. Mr. Kerr advised that Mr. Burk' s initial appli- cation for a work permit, signed under penalty of perjury, notes that he has a 1980 conviction for armed robbery, a felony; a 1986 conviction for grand theft, a misdemeanor; and in 1985 was placed in a diversion program for possession of cocaine, a felony. Counsel noted that entry into the diversion program requires an admission of " guilt to the charge. He advised that it was based on these three incidents that the Sheriff denied Mr. Burk' s applica- tion for a work permit. He pointed out that in his initial appli- cation, Mr. Burk did not include a reference to his placement in the diversion program for possession of cocaine, and that after Mr. Burk was confronted with the possession of cocaine charge did he change his application so that the second application did include this reference. Counsel them submitted Mr. Burk' s two applications into this hearing record and a letter dated June 30, 1989 from Assistant Sheriff Warren Rupf which constituted the denial of the application on behalf of the Sheriff. He urged the Board to uphold the decision of the Sheriff and deny the appeal. The Chair then declared the hearing open. Craig Judson, attorney on behalf of Michael Burk, also re- ferred to County Ordinance 52-3 .703 and advised that the Sheriff ' s denial of the work permit application wrongfully denied Mr. Burk his right to work in his chosen profession. Mr. Judson commented on the 1980 conviction on the theft charge in Shasta County and of his subsequent release from all penalties pursuant to Court Order and pursuant to Penal Code Section 1203 . 4. He noted that Mr. Burk has applied for a certificate of rehabilitation and that a hearing is scheduled for September 26 , 1989, in Contra Costa County Supe- rior Court. Counsel referred to Mr. Burk' s 1985 arrest for a misdemeanor theft charge in Hayward in which . 07 gram of cocaine was found on his possession. Mr. Judson advised that these charges were subsequently dismissed and the formal record would show dismissed pursuant to the DA Diversion Program. Mr. Judson com- mented on Mr. Burk' s work history at the Oaks Club and the Key Club in the City of Emeryville and of his having been issued permits to work at these clubs. He advised that Assistant Sheriff Rupf was given misinformation by the Emerville Chief of Police regarding the status of Mr. Burk' s work permit upon which, he believes, the decision was based to deny Mr. Burk' s application. Michael Burk, 3979 Alhambra Avenue, #212, Martinez , spoke on his work history and the charges made against him. He spoke about 1 his being issued a 60-day temporary permit by the Contra Costa Sheriff that allowed him to work at Diamond Syl' s, of the subse- quent investigation by the Sheriff ' s Department revealing the possession of cocaine charge, his filing of an . amended application for a cardroom work permit, and the subsequent revocation of his temporary permit. Mr. Burk advised that even though he had cocaine in his possession, he does not do drugs and would be willing to participate in a regular drug testing program to prove this fact. In responding to Mr. Judson' s comments pertaining to the Sheriff ' s denial of Mr. Burk' s application being based on his omission of the cocaine charge, Kevin Kerr referred to Assistant Sheriff Rupf' s letter of June 30 , 1989 which states in part "that Mr. Burk' s record clearly places him in the category described by the County ordinance, ". and therefore references that the denial is based on the convictions as well as the lack of good moral charac- ter. Mr. Kerr pointed out that the County Ordinance Code gives the Sheriff the right to deny an application because of a conviction; it does not speak to convictions being rehabilitated. He noted that Mr. Burk was not acquitted or cleared of the charges presented against him. At the conclusion of the testimony, Supervisor McPeak spoke on the issues presented, the need to review Mr. Burk' s probation record, and of his Court date before Judge Arnesan to consider his request for a Certificate of Rehabilitation. She also commented on the feasibility of establishing a regular drug testing program in reference to the cocaine charge. Supervisor McPeak then recom- mended that the Board declare its intent to order a temporary work permit for Mr. Burk at its August 15, 1989 meeting, that the Sheriff and County Counsel review the Probation Report on Mr. Burk, and that the Sheriff establish a regular drug testing program for him. Supervisor Torlakson recommended that the Sheriff contact the Emeryville Police Department to secure information as to the conduct of Mr. Burk as a cardroom employee in that city. He also recommended that the Sheriff review Mr. Burk' s employment record while an employee at Diamond Syl' s under the temporary permit. Board members being in agreement, IT IS ORDERED BY THE BOARD that the recommendations of Supervisors McPeak and Torlakson are approved. I hereby certify that this is a true and correct copy of an action taken and ontered on the minutes of the Board of Supervisors on the date shown. ATTESTED: P. /X16'9 cc: Mr. Judson PHIL BATOKELOR.Clark of the Board Michael Burk of Supervisors and County Administrator Sheriff-Coroner County Counsel By Deputy 2