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HomeMy WebLinkAboutMINUTES - 10052004 - SD3 rc: BOARD OF SUPERVISORS t, Contra `. FROM: WARREN E. RUFF, Costa September 22 2004 County DATE: ''s .; •..�t %z SUBJECT: , Appeal of the Denial of a Cardroom Work Permit-Renewal SPECIFIC REQUEST(S)OR RECOMMENDATION(S)A BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: DENY the appeal by Mr. Stuart W. McKinzie for the issuance of a cardroom work permit renewal. II. FINANCIAL IMPACT: NONE III. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): County Ordinance 52-3 regulates cardrooms in the County. Authority for enforcing the ordinance is delegated to the Sheriff. The Ordinance provides procedures and standards for the licensing of cardrooms as well as for the issuance of work permits to those who work in cardrooms. On June 15, 2004,Mr. McKinzie applied to the Office of the Sheriff for a cardroom work permit renewal. After reviewing all available information, the Special Investigations Unit recommended the denial. Mr. McKinzie was notified that his application for a cardroom work permit renewal was denied. On September 14,2004 Mr.McKinzie filed an Administrative Appeal with the Clerk of the Board requesting a hearing before the Board of Supervisors. CONTINUED ON ATTACHMENT: YES SIGNATUR€: a` �`� ✓ -..� x3 —RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTIW APPROVE OTHER SIGNATURE S: ACTION OF BOARD ON C '.T ARA D OTHER f VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT } AND CORRECT COPY OF AN ACTION TAKEN AYES % _ Y NOES:— AND ENTERED ON THE MINUTES OF THE BOARD ABSENT:- ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. z ". CC: ATTESTED 4L � : _- Co.Admin.-Justice System Programs John 9weeterl, ,CLERK OF THE BOARD of Contra Costa Co.Sheriff/Records SUPERVISORS AND CC7UNTY ADMINISTRATOR a• Nt382 00/88) f -� ••.v DEPUTY SD.3 ADDENDUM SD.3 October 5,2004 Lieutenant Barkley presented the staff report on the recommendation of the Sheriff-Coroners office to deny the administrative appeal of Stuart McKinzie regarding denial of a Cardroom Employee Work Permit. Supervisor Uilke a inquired about the monitoring process of this type of permit, noting that there had been more appeals in recent weeks than in the previous seven years. Commander Jim Nichols concurred. A flaw had been noted in the permitting process which the Sheriff's office was addressing. The Commander further noted that the guiding ordinance was very rigid, and the Department had no leeway in it's decision to deny the permit. The Department was complying with County policy. The Supervisors and Counsel discussed the age and lack of flexibility in the relevant ordinance, and the ramifications it may have, in light of the many proposals for casino-style,gambling facilities that offered the possibility of jobs for many—if the restrictions did not prevent them from being employed. The Chair invited the public to comment. There were no requests to speak. Supervisor DeSaulnier noted that a similar appeal heard previously had been continued to enable conversation between the Supervisors office, appellant, and the Sheriff's Department to resolve difficulties, while the appellant continued to work. It was noted that the appellant has incurred no recent legal infractions, in particular none since the application and approval for the last renewal of his work permit. The Board was informed that the appellant was currently not able to work. The Board noted it was important to return the appellant to work without delay to support his family. Laving heard from those desiring to speak and having discussed the matter,the Board took the following actions: GRANTED the appeal of Stuart W. McKinzie,from the Sheriff-Coroner's Department denial of a Cardroom Employee Work Permit;REFERRED the matter to the Internal Operations Committee for review and recommendations, and REQUESTED the Sheriff Coroner's Department to work with the Committee. The motion passed 4-1-0,District II Supervisor dissenting, all Supervisors present. CONTRA COSTA COUNTY CLERK 4F THE BOAR© 651 Pine Street, Room 106 Martinez CA 94553 Phone: 925.335.1900 Pax: 925.335.1913 TO: Sheriiff s Department Captain Jim Nichols, Technical Services Virgina K. Flores, Records Manager GATE: September 15, 2004 FROM: June McHuen, deputy Clerk 925-335-1905 SUBJECT: Administrative Appeal of taenial of Cardroom Employee Work Permit We are in receipt of the attached administrative appeal filed by Stuart W. McKinzie from the decision of the Sheriffs Department to deny renewal of a cardroom employee work permit. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 5, 2004 at 9:30 a.m. if this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by September 23, 2004. If the appeal is to be heard, material relative to this. appeal to be presented to the board should reach this office by September 24, 2004. JM attachment cc: County Counsel County Administrator SEP 14 2004 CLERK E3{? F SUPERVISORS __._. CONI A USTACO. A F AA yo Of - � k ra . •+ � , `G C``' T '' � � *� }� � �_ _�______:�__�.,.. __�____.___.__..J__�._____.__�_��__.____...�__.�_____�____.____�.___�___.�_____.__________..�M.__�_._.___.__.�._______.____..___. 4 � y '�,/jlj� • � '.�,,.w4 V r � yam{ ......��.._....._.�..._..._..r�e...„..._.._.-...._..... - .....�...._.... .., .. �....,...... r.. .__........,.-.,,..,.�._..n._..� i�.Y.�.r�.C�.J�;��._. ..e.. �---•., .._._..��T��`�o3�.�.. y+�����.C.�..6�...m�.... ...e.._.,,��.�.��.v_�.._._.« ..._�_ y 1 __.� �; ��� '� �; � _ _�_� _ � � �� _W_..___._.._._.__._._�_....'._.�.e.�..�... �..._..�?���_.__.._ �r _______�______�.._4. _ _._._._ � ����� �..__.�______ �t Id��.,W_...elw9w���." '...-._._ .�,..--_.. ....___ � VY ._ --�-;;��M'.�'w�-Vic#-_...______.�_..< :....�..—! .._ _ _.____ i ��, ��� ��� .�._ ____.__________ ._ �. ��. ______v... ...., � �` ,, r _. _ _ �, _.._,�_W____._ m____.. ...__._�_�._��_,..__ � z .: �. _.__.______�___..�r�-_�_��..��..___� __..._�_.___. �.._ � __ _ _._. .,_�._ � �__� ....._ _.___ ___. `` �' � . . - ., , _ .�_._.�_ � __�...__.� . _. _ ___�--�_.____W.._____._e. �..�. _��=��.. _�. � _______._____ �.� �� ��� ___.____._. ..._____s�'_� .._. _� ..a_.. ._ r -,� _� .___.____� ' � _._ �____.__._._�._____v..___�_.. ______ __.___._� ._____ __�_..�.,_._�.�_�.�.__�_ w__v_._._..._._ ._.____.��..._ ��' _a___._ _ _._ _ � � RE SEP 1. 4 2004 CLERK aRD OF St3PERWSt?Rs Tina ly of ntra (�oola c�nrr�ac�srac_o Mfftrr of tljr #�Ijrriff Warrent E.Rupf 8h®riH September 7, 2004 Mr.Stuart McKinzie 1565 Headsland Road West Sacramento, CA 95641 Dear Mr. McKinzle: Your renewal application for a Cardroom Employee Permit is denied. Contra Costa County Ordinance 52-3.707 provides "that the Sheriff shall deny a permit If the applicant has been convicted of a felony or of a misdemeanor Involving theft, fraud, moral turpitude, dishonesty or Is not of good moral character." Upon review of your application and arrest/conviction record for PC647(a) - Disorderly Conduct, lewd act and Vehicle Code 23152(aXb) - Driving while under the Influence of alcohol or drugs, the Sheriff Office finds that these actions are a reason to deny the application. Sincerely, Warr E. Rupf riff Ir 'ta s Records Manager cc: Permit File Commander Jim Nichols,Technical Services Captain,Steve Fuqua, Investigations Lt. Kitty Parker, Investigations Technical Services Division--Records PO Box 391-500 Court Street,2nd Floor*Martinez,California 94553-0039 (925) 335-1570 CONTRA COSTA COUNTY CLERK OF THE BOARD 651 Cine Street, Room 105 Martinez CA 94553 Phone: 925.335.1900 Fax: 925.335.1913 TO: Sherifrs Department Captain Jim Nichols, Technical Services Virgina K. Flares, Records Manager DATE: September 16, 2004 �f� FROM: June McNuen, Deputy Clerk 925.335-1905 SUBJECT: Administrative Appeal of Denial of Cardroom Employee Work Permit We are in receipt of the attached administrative appeal filed by Stuart W, McKinzie from the decision of the Sheriffs Department to deny renewal of a cardroom employee work permit. This matter has been tentatively scheduled for hearing by the Board of Supervisors on October 5, 2004 at 9.30 a.m. if this matter is untimely or there is any other reason it should not be heard by the Board of Supervisors, please advise this office in writing by September 23, 2004. If the appeal is to be heard, material relative to this appeal to be presented to the board should reach this office by September 24, 2004. JM attachment cc: County Counsel County Administrator C 1 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) i Stuart McKinzie ) 1565 Headsland Road } West Sacramento CA 95641 ) Re Appeal of Cardroom Employee } Work Permit Denial } I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice to the following: Stuart McKinzie 1565 Headsland Road West Sacramento CA 95641 I I I declare under penalty of perjury that the foregoing is true and correct., Martinez, CA. i Date: September 23, 2004 TattatrH�z�rx .Tenaf�v clerk SENA. tufa ,a3�ci :« sa ccrnpie deity f�d�td a c � Al Print cur startleMd�ddr ctt�#h rt x r fl::AiitRessfs o r t rte the a rd irs E7.. B by f............. i ) C Leat®or 3 a1€s 11E:fitech th#s caczi. # �*: crf t :eafip; pr an! #3 #fp { tt7ft E, A#3t f� csased i fs�� ddr ftcsrrz ftetn 7 fl lea T iY£a ........xey esi f :Idtt f. ::31 .;. <.' XXX �xnwFr�aq .......... aY y � dwy 7 Ti($ f: F388 n i €krf ter#�le00a"..: fl �:< C lo.Cl, 2, larC€ 1u fyt >; 7003 1680 0004 0174 5077 wveten The Boardof Supervisors Contra Johns Clerk of the Board �QS�A and County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez,California 94553-4068 John Gloia,District I Gayle B.Uilkems,District lI Millie Greenberg,District III Mark DeSaultder,District IV Federal D.Glover, District V September 23, 2404 Stuart Mclinzie 1565 Headsland Read West Sacramento CA 95641 Dear Mr. McKinzie: Pursuant to Section 14-4.006 of the County Ordinance Code, notice is given that October 5,2004 at 9:30 a.m. at 651 Pine Street,Room 107,Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision concerning the denial of Cardroom Employee'Work Permit by the Office of the Sheriff. If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to,the public hearing. Sincerely, John Sweeten, Clerk of the Board of Supervisors and County Administrator By J cHuen, Deputy Clerk cc: County Counsel County Administrator Office of the Sheriff-C dr Nichols SEP 1 4 2004 x:1 t7lxlt l u2l l`c I3 c'I L F�Ct3Nl A FSlj C?STER 4 gUPERVIS08S ( f f irr of tijr Iirriff Warren E.Rupt Shed" September 7, 20344 Mr,Swart McKinzie 1.565 headstand Road West Sacramento, CA 95641 Gear Mr. McKinzie: Your renewal application for a Cardroom Employee Permit is denied. Contra Costa County Ordinance 52-3.707 provides "that the Sheriff shall deny a permit If the applicant has been convicted of a felony or of a misdemeanor involving theft, fraud,moral turpitude, dishonesty or is not of good moral character." Upon review of your application and arrest/conviction record for PC647(a) - Disorderly Conduct, lewd act and Vehicle Code 23152(aXb) - Driving while under the influence of alcohol or drugs, the Sheriff's Office finds that these actions are a reason to deny the application. Sincerely, Warr E.Rup€ riff irg lar : res Records Manager cc: Permit File Commander Jim Nichols,Technical Services Captain Steve Fuqua, investigations Lt.Kitty Parker, investigations Technical Services Division--Records PO Bax 391-500 Court Street,2nd Floor•Martinez,California 94553-0035 (925) 335-1570 SEP-21-2004 13:54 P.02/02 Q[ountg of antra %asta Offirr of t4r #4rriff warren F.Rupt September 7, 2004 Mr.Stuart McKInzle 156514oadaland Road West Sacramento,CA 95641 4 Dear Mr.f"nzle: O n your renewal application for a Cardroorn Employee Permit Is denied. Contra Costa County ordinance 52«3,707 provides uthat the Sheriff shall deny a permit if the applicant has been convicted of a felony or of a misdemeanor Involving theft, fraud,moral turpitude,dishonesty or is not of gaud mural character." Upon review of your application and arroWconviction record for PC647(a) - Disorderly Conduct, lewd act and Vehicle Code 231Ma ) - Driving while under the Influence of alcohol or drugs, the Sheriff's Office finds that these actions are a reason to deny the application Sincerely, 'Marr Ru pf riff Records Manager cc: Permit File Commander Jim Nichols,Technical Services Captain Stere Fuqua,investigations Lt. Kitty Parksrr, Investigations 7echnftl SeMM WWorl,-Ft000rds PO Hoax 391-SW Court Street,2nd Floor*Meafinez,+kali OMI&W5 3f3 (925) 336o1570 10TAL P.02 lCOVE 10 , SEP 2004 CL � a �E�1!1101JIS ` - , 14i 7(04 16 Ali 1f ^'`� `� c; -aJ i . aa Ott _ w r t r a " .'� � 4 A yy �