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)