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5.1 Merchant Police DenialCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME P,Mo AGENDA SECT I ON: OR I O I NAT I NG DEPARTMENT: APPROV ED FOR NO. AGENDA: 5 Police NO. James D. Hill ,~ ,BY: BY: Item Appeal, by applicant Phillip Francisco, of staff disapproving his application for a merchant police permit. Backeround ~ On July 10, 1997, Phillip G. Francisco made application with the City for a merchant police permit to work for Midwest Security Systems, Inc. The City Clerk forwarded the application to the police department for applicant background processing. A check of Salina Police records revealed the following conviction data for Phillip G. Francisco: 1. On October 26, 1977, Salina Police Officers responded t6 a call' for police service which involved threats '1being made by a subject against individuals at a local club. Responding officers were advised that the suspect was a Phillip Francisco, and were provided with a description of the vehicle the suspect would be in. A short time later, Francisco's vehicle was located and stopped by officers. During the contact, Francisco assaulted the investigating officers and also damaged city property. He was arrested and later convicted of assaulting a law enforcement officer and criminal damage to property. He was sentenced to one year in jail for each crime. The sentences were to run concurrently. 2. On October 21, 1978, Salina Police Officers responded to a complaint which involved Francisco driving by a local residence, at which time he pointed a firearm at the resident and uttered verbal threats. The incident resulted in the conviction of Francisco for disturbing the peace. He was sentenced to pay a $50.00 fine. 3. On April 11, 1980, Salina Police Officers were serving a narcotics search warrant at a Salina residence. Officers contacted Francisco as he exited the residence, and he was found to be in possession of marijuana. He was subsequently arrested and convicted of the offense of possession of marijuana. He received a 30-day jail sentence (suspended) and a $100.00 fine. The merchant police permit application form requires the applicant to declare whether or not he has ever been convicted of any felony, misdemeanor or ordinance violation. If the applicant responds in the affirmative, he must state the nature of the offense, penalty imposed, and the date and place of occurrence. In his application, Phillip Francisco responded "yes" to the conviction question, and only provided "misdemeanor resisting arrest" in response to the offense, penalty and date question. CO~ISS iON ACTION MOTION BY SECOND BY TO: CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME P,M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. Police AGENDA: ITEM NO. BY: James D. Hill BY: In addition to the aforementioned convictions, other conviction data involving phillip Francisco has been received by the Salina Police Department that was not declared on Francisco's application form: On August 28, 1989, Francisco appealed a City of Atchison, Kansas Municipal Court conviction for driving on a suspended drivers license to the District Court of Atchison County. He was found guilty by the District Court, and was sentenced to sixty (60) days in the Atchison County Jail. According to the District Court Journal Entry, Francisco was given credit for time spent in the Osawatomie State Hospital, the Atchison County jail,'and the Saline County jail relative to several matters for which such detainment was necessary in calendar year 1989. On November 5, 1990, the same court modified this sentence to have Phillip Francisco serve twenty (20) consecutive days in the Saline County Jail. Section 30-40, subsection (b) of the Salina Code provides that the chief of police may disapprove an application for a merchant police permit based on one or more of the six standards listed. Mr. Francisco's application was disapproved, pursuant to the standards listed in subsection (b) (2) and (b) (4), due to the fact that the applicant: (2) Has been convicted of a felony, misdemeanor, ordinance violation, or crime involving moral turpitude or of illegally using, carrying, or possessing a dangerous weapon; and (4) Has made any false statement, given any false information, or failed to disclose a material fact in connection with an application for a permit or a renewal or reinstatement thereof. Francisco has been convicted of five (5) offenses (one of which involved a firearm), in violation of the standards set forth in · Salina Code Section 30-40, subsection (b) (2), and he failed to disclose material facts in connection with an application for a merchant police permit, listing only "misdemeanor resisting arrest" on his application, in violation of subsection (b) (4). Attachments: · Application for Merchant Police Permit · Salina Police Department Criminal History Records Information Check Report · Letter to Phillip G. Francisco from City Clerk · Letter to Midwest Security Systems, Inc., from City Clerk · Letter to City Clerk, from Applicant's Attorney, Requesting Appeal to City Commission Recommended Action Affirm the decision to disapprove Phillip G. Francisco's application for a merchant police permit. COtv~41SS ION ACTION MOTI ON BY SECOND BY TO: Application Number_ License Number License Issued APPLICATION FOR MERCHANT POLICE-PER-MIT Address ~[( ,~ ~ ¢'%'~ ~ ~ rY~ , Address ~bO~ ~ , ~ r~ ~ I: ~ , ~ Date of bi~h (o I ~9 ~ Social Securi~ Number Height _~ ~t/ Weight ~qO Hair ~r~ Phone Eyes ~ FC~L,~ v~ Have you ever been convicted of any felony, misdemeanor or ordinance violation?: (,.~ ~ If yes, state the nature of the offense, penalty imposed, and date and place of occurrence: Have you ever had a judgement or conviction for fraud, deceit or misrepresentation entered against you?~ If yes, give details: If you use your own vehicle in the course of your employment, give a description:: YEAR MAKE COLOR MODEL SERIAL NO. KS TAG NO. Description of all weapons registered to the applicant, including serial numbers: Complete history of employment for the five years immediately preceding the date of this application: Complete history of residences for the five years immediately preceding the date of this application: ? I understand that my fingerprints must be on file with the Salina Police Department. I understand that I must receive an ID card with a recent picture from the City Clerk's Department prior to operating as a merchant police officer. I agree to comply with all requirements of the Salina Code and regulations relating to the operation of such business. I agree my license may be revoked or suspended if I am found to have violated such requirements or regulations or if I have misrepresented any facts in this application. Date t--~_ ,~ (~ _4:~,-~ Sig natur~)~~:, ~--~, ~1~~ ' Company verification I hereby verify that the abov~ named person is applying for a merchant police permit for employment with the company listed above. %e. .......................................... ........... ........... i ............................ Amount Paid $,~,C~/'-) Date '-'~ I ( C;:~ ~ I~"--~, Receipt No. 1~9,~ 0,, Received by Certificate of Police Department I certify that I have reviewed this application and the applicant has met~ecessary for a merchant police p,ermit. The fingerprints of applicant are on file. APPROVED/(DISAP RP eYED} Date ' / I I t¢ D ¢ Police Department Certificate of City Clerk The application is APPROVEE~APPROVED'~ Date c~~'~ ¢/ ~ 3~27~97 MERC Administrative (913) 826-7210 SALINA RTMENT July 10, 1997 RE: Criminal History Records Information Check on Merchant Police Appli.cant. SUBJECT: Francisco, Phillip G. DOB: 06/29/1957 CONDUCTED BY: Arlene M. Frederiksen Records Supervisor CHRI CONVICTION DATA: OFFENSE DATE: ARREST/CHARGE: DISPOSITION: 10/26/1977 Assault LEO 1 yr 10/26/1977 Criminal Damage to Property 1 yr to run concurrent ' ;I 0/31/1978 Disturbing the Peace $50 fine 04/12/1980 Possession of Marijuana $100 fine 30 days suspended Based on the above conviction information on subject, Francisco, Phillip G., The Salina Police Department is denying authority for a merchant police permit. A Nationally Accredited Law Enforcement Agency DEPARTMENT OF FINANCE AND ADMINISTRATION Judy D. Long, CMC, City Clerk 300 West Ash Street, Ste. 206 * P.O. Box 736 Salina, Kansas 67402-0736 Telephone (913) 826-7240 ,. t~x (915) 826-7244 · TDD(913) 825-7333 July 11, 1997 PbiUip G. Francisco 916 W. Elm Salina, Ks. 67401 Dear Mr. Francisco: This is to inform you that your application for a Merchant Police Permit has been denied for the following reasons: Failur~ to fully disclose past conviction record on application. Past convictions of: Assault on a law enforcement officer Criminal damage to property Disturbing the peace Possession of marij ..uana According to the Salina Code, you have 30 days to file a written notice of appeal in my office. If you should decide to appeal this denial, a hearing will be scheduled before the City Cot, mission within 45 days after filing the appeal. Sincerely, City Clerk DEPARTMENT OF FINANCE AND ADMINISTRATION Judy D. Long, CMC, City Clerk 300 West Ash Street, Ste. 206 · P.O. Box 736 Salina, Kansas 67402-0736 Telephone(913)826-7240 · F~¥(~3)826-7244 · TDD(913) 825-7333 July 29, 1997 Lori Laskowski Midwest Security Systems, Inc. 1006 E. Iron Salina, Ks. 67401 RE: Phillip G. Francisco Merchant Police Permit Application Dear Ms. Laskowski: This is to inform you that a hearing has been scheduled before the City Commission to appeal the denial of the above application. On July 11, 1997, I sent a letter of denial to Mr. Francisco based upon past convictions and failure to disclose those convictions on his application. On July 24, 1997, I received a letter from Mr. Francisco's attorney stating that he would like to appeal this decision. Since Midwest Security was listed as the employer on this application, you are hereby notified that the hearing on this denial has been scheduled for August .18, 1997, at 4:00 p.m. It will be held at the City-County Building, Room 107. A copy of the documents mentioned above are attached. Please call me if you have any questions. Sincerely, City Clerk July 24, 1997 Judy D. Long City Clerk P. 0. Box 736 Salina, Kansas 67402-0736 Re: Phillip G. Francisco Dear Ms. Long: .. I represent Mr. Francisco. As per your letter of July 11, 1997, I would request the opportunity to appeal to the Salina City Commission the denial of Mr. Francisco's Merchant Police Permit. Please advise when Mr. Francisc~nd myself may appear. Thank you for your attention to this ~~. JAR: lr cc: Phillip G. Francisco 234 N. 7th, Suite D · P.O. Box 844 - Salina, KS 6740] 913-823-1333 · (800) 376-ATTY (2889)