HomeMy WebLinkAboutFinding of Fact of Fact -Denial of the Master Installer and Heating Contractor Licenses for James Gay
BEFORE COMMITTEE
CITY OF ROCHESTER, MINNESOTA
___________________________________
In Re: HVAC Application FINDINGS OF FACT,
Of James Gay CONCLUSIONS OF LAW,
AND ORDER.
___________________________________
On January 19, 2022, the Common Council of the City of Rochester considered the
HVAC license application of James Gay along with the Inspector’s recommendation that the
Council deny the application. During public comment, Mr. Gay asked the Council to approve
his application. As authorized under section 4-3-5(e) of the Rochester Code of Ordinances,
the Council referred the application of Mr. Gay to a committee of the Council (“Committee”)
for further investigation. Specifically, the Committee was tasked with providing Mr. Gay with
a hearing and bringing a recommendation to the Council.
On February 25, 2022, the Committee conducted a public hearing following
appropriate notice to Mr. Gay. The Committee was composed of Kelly Geistler, City Clerk,
and Brooke Carlson, Common Council President. Also in attendance at the hearing was
James Gay, his attorney Tom Braun, Deputy City Attorney Lilie McRoberts, License
Examiner Christiaan Cartwright, and Lieutenant Jon Turk of Rochester Police Department.
The hearing occurred in conformance with Chapter 5 of the Rochester Code of
Ordinances to address the question of Mr. Gay’s rehabilitation in light of Minnesota Statutes
Section 364.03 subdivision 3, which provides, “a person who has been convicted of a crime
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or crimes which directly relate . . . to the occupation for which a license is sought shall not
be disqualified from the . . . occupation if the person can show competent evidence of
sufficient rehabilitation and present fitness to perform the duties of . . . the
occupation for which the license is sought.” (emphasis added).
Minnesota Statutes allows the Committee to consider the following discretionary
factors in determining whether there was competent evidence of sufficient rehabilitation:
(1) a copy of the local, state, or federal release order; and
(2) evidence showing that at least one year has elapsed since release from
any local, state, or federal correctional institution without subsequent
conviction of a crime; and evidence showing compliance with all terms
and conditions of probation or parole; or
(3) a copy of the relevant Department of Corrections discharge order or
other documents showing completion of probation or parole
supervision.
Id. The Committee was also required to consider any of the following if presented by Mr.
Gay:
(1) the nature and seriousness of the crime or crimes for which convicted;
(2) all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the
crime or crimes;
(3) the age of the person at the time the crime or crimes were committed;
(4) the length of time elapsed since the crime or crimes were committed;
and
(5) all other competent evidence of rehabilitation and present fitness
presented, including, but not limited to, letters of reference by persons
who have been in contact with the applicant since the applicant's release
from any local, state, or federal correctional institution.
Id.
At the hearing Mr. Gay was given an opportunity to present “competent evidence of
sufficient rehabilitation and present fitness to perform . . . duties” under Minnesota Statute
section 364.03 subdivision 3 in light of Mr. Gay’s convictions of crimes directly relating to the
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occupation for which he is seeking this license. Minn. Stat. § 364.03(3). Mr. Braun presented
the following evidence: (1) a summary of the State of Minnesota Commissioner of Labor
and Industry Consent Order dated July 18, 2019, demonstrating that the July 17, 2019 Order
against Mr. Gay had been vacated and Mr. Gay had been censured; (2) statements from
Mr. Gay; (3) oral testimony that Mr. Gay has completed his supervised probation from the
criminal convictions of May 3, 2019; and (4) oral testimony that Mr. Gay will not complete
his probation to the Court until October 2022 from the October 27, 2021 criminal convictions.
After considering all of the testimony and evidence submitted in this matter, the
Committee recommends the following Findings of Fact, Conclusions of Law, and Order:
RECOMMENDED FINDINGS OF FACT
1. On October 27, 2021, Mr. Gay pled guilty to two misdemeanors for providing
HVAC services without a license on June 10, 2019 and on July 14, 2019.
2. These offenses directly relate to Mr. Gay’s HVAC work, for which he is
seeking this license.
3. The State of Minnesota has vacated the order against Mr. Gay’s Minnesota
license.
4. Mr. Gay does not complete his probation to the Court until October 2022.
5. Mr. Gay failed to provide competent evidence that he has been rehabilitated
at this time.
6. Mr. Gay can reapply for his license at any time, including after he completes
his probation to the Court.
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RECOMMENDED CONCLUSIONS OF LAW
1. R.C.O. § 4-3-5 allows the Inspector to examine applications and make
recommendations to the Council in writing to grant or deny the license.
2. The Committee recommends that the Council deny Mr. Gay’s application at
this time. This recommendation is based on all the factors set forth in Minnesota Statutes
section 364.03, and specifically the fact that Mr. Gay has not completed his probation for
the October 27, 2021 conviction.
RECOMMENDED ORDER
The Committee recommends that the Common Council enter the following order:
The Common Council of the City of Rochester does hereby deny the application for a HVAC
license for Mr. Gay.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2022.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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