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Home My WebLink AboutMINUTES - 10192004 - SD3 TO: BOARD OF SUPERVISORS Contra -FROM: F SHERIFF ;ft W N E. RLTP , S ' '• Costa %now •� County DATE: September 24, 2004 �� -��`' sr�cciuKt"; Sbo!3 SUBJECT: Appeal of the Revocation of a Cardroom Work Permit SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. "COMMENDED ACTION: DENY the appeal by Ms. Meryl Francisco 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 February 24,2004,Ms.Francisco was issued a work permit renewal by the Office of the Sheriff. After receiving a subsequent arrest notification from the Department of Justice and reviewing all available information, the Special Investigations Unit recommended the revocation of the cardroom work permit. Ms.Francisco was notified that her cardroom work permit was revoked. On September 22,2004, Ms. Francisco filed an Administrative Appeal with the Clerk of the Board requesting a hearing before the Board of Supervisors. ATTACHMENT: YES SIGNATURE: / y RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS xI HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Co.Admin.-Justice System Programs CC: Contra Costa Co.Sheriff/RecordsATTESTEP0� JOHN fm i,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR r BY ,DEPUTY M382 {14188} rS, ltd i� Q'Iantra INIZ11-ugta Mff c. .af Or �llrrfff Warren E. Fiupf August 25, 2004 Sherd? Ms. Meryl Francisco 2340 Monte Vista Drive Pinole, CA 94564 Re: Cardroom Employee Permit#1330 Dear Ms. Francisco: Your Cardmom Employee Permit is revoked. Contra Costa County Ordinance 52-3.707 provides "that the Sheriff shell deny a permit if the applicant hes been "convicted of a felony or of a misdemeanor involving theft, fraud, moral turpitude, dishonesty or is not of good moral character. The reason for the revocation is that we received a subsequent arrest notification from the Department of Justice that indicates you were convicted of PC273a{b} -- willful cruelty to a child. Sincerely, Wa n E. Rupf.sheriff irginia K. Flores Records Manager Cc: Permit File Commander Jim Nichols, Technical Services Captain Steve Fuqua, Investigations OFFICE OF THE SHERIFF Contra C cis Count y COM Field Operations * _-�_._ -1980 Muir Rd. �� . / Martinez, CA 94553-0039 (925) 313-2600 Date: August 10, 2004 To: Commander Jim Nichols, Technical Services Division Commander Attn: Records Manager, Virginia K. Flores From. Captain Steve Fuqua, Investigation Division Comma By: Detective A. Van Zelf Subject: Recommendation for Revocation of Cardroom Employee Permit The Special Investigations Unit recommends the Permit for a card room employee applicant: Merly Francisco, be revoked for the following reasons: 1. Application for the Card room Employee Permit.The application requires a yes or no answer to the question of any criminal convictions,or have criminal charges pending in court now. The applicant did not list crimes,dates of incidents, location,and or arrest/convictions. The criminal history information,provided by the Department of Justice, indicates a charge and conviction of 273A(B)P.C.Willful Cruelty To Child on February 27,1998.The listed information,was not provided to this office prior to the applicant receiving a permit. 2. CCC Ordinance section 52-3.707 states that an applicant can be denied for Dishonesty,theft or fraud,or is not of good moral character. This applicant falls within those guidelines. 3. Reports attached: Yes x No DEPARTMENT OF JUSTICE RAP, COPY OF FALSE OR INCOMPLETE APPLICATION. BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Meryl Francisco ) 2340 Monte Vista Drive ) Pinole CA 94564 ) 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, the hearing notice, in the above matter to the following: Meryl Francisco ) 2340 Monte Vista Drive ) Pinole CA 94564 I declare under penalty of perjury that the foregoing is true and coned., Martinez, CA. Date: October 7, 2004 Postal *1e ,--� � CERTIFIED RJ cHuen, Deputy The Board of Supervisors Contra John Sweeten Clerk of the Board Costaand County Administration Building Countv Administrator 651 Pine Street,Room 106 (925)335- 900 Coun Martinez,California 94553-4068 John Gioia,District I - Gayle B.Uilkema,District II Millie Greenberg,District III Mark DeSaubder,District IV Federal D.Glover, District V r October 7, 2004 Meryl Francisco 2340 Monte Vista Drive Pinole CA 94564 Dear Ms. Francisco: Pursuant to Section 14-4.006 of the County Ordinance Code, notice is given that October 19, 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 A inistrator By C ' J cHuen, Deputy Clerk cc: County Counsel County Administrator Office of the Sheriff-Cmdr Nichols CONTRA COSTA COUNTY CLERK OF THE BOARD 651 Pine Street, Room 106 Martinez CA 94553 Phone: 925.335.1900 Fax: 925.335.1913 TO: Sheriff's Department Captain Jim Nichols, Technical Services Virgina K. Flores, Records Manager DATE: September 23, 2004 FROM: June McHuen, Deputy Clerk jmchu@cob.cccounty.us 925-335-1905 SUBJECT: Administrative Appeal of Denial of Cardroom Employee Work Permit We are in receipt of the attached administrative appeal filed by Meryl Francisco 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 19, 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 October 7, 2004. If the appeal is to-be heard, material relative to this appeal to be presented to the board should reach this office by October 7, 2004. im attachment cc: County Counsel County Administrator z0 1r�� C21.mac,/�'. C,4 Qjar�/ -22-3 - 6,3 �o /L�/��✓"3 �/ OwC?u '74 jfo� PCr�l7� Slit, �f�t�•7'� nleo� S Cz �Jc� dTJG.�F' otli/� •^C��/,e� �3'1a � Ccs�Se. �✓,,i` 1/�,vs eovr �J �' 0 O/VCG/�✓-dOOYI r v J 7e�,� �n�rSC✓� U SEP-2�-2004 08:47 P-02/02 Warren E.Rupf August 25, 2004 $herr! Ms. Meryl Francisco 2340 Monte Vista Drive Pinole, CA 94564 Re: Cardroorn Employee Permit#1330 Dear Ms. Francisco: Your Cardroom Employee Permit is revoked. Contra Costa County Ordinance 52-3.797 provides `/that the Sheriff shall deny a permit if the applicant has been "convicted of a felony or of a misdemeanorinvolving theft, fraud, moral turpitude, dishonesty or is not of good moral character." The reason for the revocation is that we received a subsequent arrest notification from the Department of Justice that indicates you were convicted of PC273a{b} — willful cruelty to a child. Sincerely, Wa n E. Rupf Sheriff irginia K. Flores Records Manager Cc: Permit File Commander Jin/ Nichols, Technical Services IInnf�in CfaLra Ps sriv sta Iminetinatinne VEIRIFI+CATION AIC-4 9 CiC I, have submitted this Administrative Appeal of the decision of the 1:7 -lae, tof ell 7( C,a c fi ted u�,�, ,,weij and know the contents thereof and the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. x 2 4 in Martinez Executed this day, aO California., (Please-print name) = r (signaKre) REQUEST FOR WAIVER OF THE $125 FILING FEE Individuals requesting a waiver of the $125 filing fee for appealing the decision of the County Abatement officer before the Board of Supervisors must satisfy one or more of the following conditions to demonstrate economic harship: it. Appellant is legally indigent; 2. Appellant is 'receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs, the Aid to Families with Dependent Children (AFDC) program, or the Food Stamp program (Section 17000 Welfare and Institutions Code) ; 3,t4. Appellant has a monthly income of $125% or less of the current monthly poverty line annually established by the U. S. Secretary of Health and Human Services pursuant to the Omnibus Budget Reconciliation Act of 1981F as amended; or 4. Appellant is unable to proceed without using money which is necessary for the use of the appellant or appellant's family to provide for the common necessities of life. (CCC Ord. Code Sec. 14-6.416; Gov. Code Sec. 68511,.3) Following acknowledgement that I have read the conditions noted above and believe I satisfy one or more of the conditions, I an therefore requesting the Clerk of the Board to waive the filing fee of $125 for appealing the decision of the 0--maky Admi—M"at; -57A-e rJ 00#4eer as stated in the Order to Abate -a-Pe dated *o7-/"z."Y,1 I declare under penalty of perjury that the foregoing statement, including any accompanying stateameat(s) or document(s) in support of this request, is true and corr ,..Oignature of ppelrant) on (Adate) at State) ZNHIBTT A f I; f i I Ij s • ` ! • i i i SENDER: COMPLETE iN COMPLETE THIS SECTIONON ■ w ate items 1,2,and 3.Also complete A. Sign ite. if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ddressee so that we can return the card to you. ;v��, panted , Date of ■ Attach this card to the back of the mailpiece, Delivery or on the front if space permits. t,�,QL C D. Is delivery address d' 1 es 1. Article Addressed to: I#YES,enter delive ad ep 0 YKOY4 4e, 'V �VPS � IiW6V, 3. Service Type rtified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee ❑Yes 2. ArticleNt 7003 1680 0004 0174 5084 (rransfer, I PS F3$1=19A6t stidt31 ' .} Domestic Re�tUrn'RecBi'# o 102595-02-M-1540 i Y� I i i I { f