5.1 Merchant Police License Appeal
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
11/7/2011 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
5
NO:
BY:
CITY MANAGER’S OFFICE
FINAL APPROVAL:
ITEM
NO:1
BY: Jason A. Gage, City Manager BY:
Page 1
ITEM: Merchant Police License Appeal
Review the denial of a Merchant Police License applicat ion for Shaela Tullis and take action to either
approve or deny the license.
BACKGROUND:
On September 26, 2011 Shaela Tullis submitted an application to the city for a Merchant Police
License in accordance with Salina Code Section 30-36(b). This license is required in order to lawfully
provide private security services in the city of Salina. Before a license is issued, the application is
reviewed by the City Clerk’s Office and a background investigation of the applicant is conducted by
the Police Department, along with a recommendation regarding the approval or denial of the license.
Based on this information, the city manager has the authority to approve or deny the license, subject
to the appeal authority of the City Commission. The Police Department recommended denial of the
th th
license on October 5. The city manager then denied the license application on October 18.
The purpose of the City’s Merchant Police licensing authority is to ensure the public’s safety is fully
protected. This type of private security activity places individuals in a position of higher authority over
others and may provide physical access to sensitive property or building areas in an unsupervised
manner. To provide a brief history, the City has processed 670 Merchant Police applications since
2007, with 647 of those being approved and 23 denied. This is the first application denial during that
time to be appealed to the City Commission.
The City’s ordinance leaves significant discretion to addressing the criminal background of new
license applicants since it is very difficult to create a firm standard for the various types of criminal
convictions an applicant may have. Past practice by city staff has been to show leniency for minor
convictions, but place safety as a first priority when addressing significant criminal convictions, with
particular emphasis on those against other persons.Demonstration of dishonesty either with regard
to the full completion of the application or untruthful comments made during the hearing with the city
manager is also a primary factor for a license denial.
Ms. Tullis’ application and related information are attached for your review. Also, please see my letter
to Ms. Tullis dated October 18, 2011. Her record includes numerous convictions since 1999. In
addition, she failed to include convictions that occurred in 2000 and 2007, though she indicated these
convictions should not have been available on her record. This lack of full disclosure by Ms. Tullis is
what prompted the Police Department to recommend denial of her application. However, the primary
reason for my denial of Ms. Tullis’ application was her 2008 Battery conviction, which constituted a
physical offense against another person. Ms. Tullis did take the time to explain her perspective of the
situation. This was appreciated, but cannot substitute for the determination of the district court. Ms.
Tullis also provided me with a copy of the related police report, which clearly illustrated that she
actually initiated contact with the other subjects in which the dispute and eventual physical alteration
occurred. A final factor for my determination is that this conviction only occurred three years ago,
which casts significant doubt as to her capacity to properly respond to the various situations she may
encounter when providing private security services.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
11/7/2011 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
5
NO:
BY:
CITY MANAGER’S OFFICE
FINAL APPROVAL:
ITEM
NO:1
BY: Jason A. Gage, City Manager BY:
Page 2
FISCAL NOTE:
This action has no fiscal impact.
CONFORMANCE WITH STRATEGIC PLAN:
This action has no relationship to the city’s Strategic Plan.
RECOMMENDED ACTION:
As previously mentioned, the city manager initially denied this Merchant Police License for the
reasons previously stated. In accordance with the Salina Code Section 30-40(b), the City
Commission has the full discretion to uphold the denial or approve the license for Ms. Tullis.
Attachment: Shaela Tullis letter of appeal
City Manager letter of license denial
Application for Merchant Polic e License and related information
Salina Code Chapter 30, Article II