HomeMy WebLinkAboutFinding of Fact - Gay.HVAC.Denial
BEFORE THE COMMON COUNCIL
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: HVAC Application FINDINGS OF FACT,
Of James Gay CONCLUSIONS OF LAW,
AND ORDER.
___________________________________
On March 4, 2019, the City of Rochester Common Council conducted a public hearing,
following notice to James Gay. The hearing was continued from February 20, 2019 at the request
of Mr. Gay’s attorney. The hearing was for the purpose of determining whether James Gay should
be granted a license to perform HVAC work in the City of Rochester. The hearing occurred
pursuant to Chapter 53 of the Rochester Code of Ordinances.
At the hearing, Mr. Gay nor his attorney spoke.
After considering all of the testimony and evidence submitted to the Council in this matter,
the Council arrives at the following Findings of Fact, Conclusions of Law and Order:
FINDINGS OF FACT
1. Mr. Gay has been criminally charged with twenty five felony charges stemming from
his HVAC work. The charges are for forgery and theft by swindle.
2. The Council has no information refuting the allegations against Mr. Gay, which are
that he defrauded residents of the City of Rochester and Rochester Public Utilities.
CONCLUSIONS OF LAW
1. R.C.O. § 53.07 sets forth the causes that are grounds for revoking or suspending a
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license. In this case, Mr. Gay had previously been granted a license and the Council looks to this
Section to determine if Mr. Gay should be granted a license for 2019.
2. The Council concludes that based on the serious felony charges and allegations of
fraud and swindle, that Mr. Gay is not competent to provide HVAC services to the residents of
Rochester.
ORDER
The Common Council of the City of Rochester does hereby deny the application for a
HVAC license for Mr. Gay.
Dated at Rochester, Minnesota this _____ day of _____________, 2019
________________________________
Randy Staver
President of the Rochester City Council
Approved at Rochester, Minnesota this _____ day of _________________ 2019.
______________________________
Kim Norton
Mayor of the City of Rochester
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