HomeMy WebLinkAboutResolution No. 060-22 - Resolution -Denial of the Master Installer and Heating Contractor Licenses for James Gay
RESOLUTION
Denying the master installer license for James Gay and the heating contractor license
for Integrity Home Repair, LLC.
WHEREAS, the Common Council is considering denying the master installer and heating
contractor license for James Gay d/b/a Intergrity Home Repair, LLC; and,
WHEREAS, R.C.O. Sec. 4-3-5 addresses the examination and denial recommendations of
heating contractor licenses:
(a) When an application for a contractor's or master installer's license has been filed, the
city clerk shall forthwith transmit the same to the inspector. The inspector shall
examine such application, make such further investigation as deemed necessary,
and then recommend in writing to the Council that the requested license be granted
or denied; and,
WHEREAS, R.C.O Chapter 4 authorizes the City Council to deny any license under
review/examination should a recommendation to deny be received and the Council agree; and
WHEREAS, on March 4, 2019, the Common Council of the City of Rochester voted to deny the
master installer and heating contractor renewal applications for Mr. James Gay and Integrity
Home Repair, LLC on the grounds of incompetence; and
WHEREAS, in May of 2019, James Gay plead guilty to three gross misdemeanor charges
related to forgery; and
WHEREAS, on October 27, 2021, James Gay plead guilty to violating Minnesota Building Code
4-3-1 (b) related to doing work without a valid heating contractor license, a willful violation of
code provisions; and
WHEREAS, Minnesota State Statute 364.03 states:
§Subd. 2. Conviction relating to public employment sought. In determining
if a conviction directly relates to the position of public employment sought
or the occupation for which the license is sought, the hiring or licensing
authority shall consider:
1. the nature and seriousness of the crime or crimes for which the
individual was convicted;
2. the relationship of the crime or crimes to the purposes of regulating the
position of public employment sought or the occupation for which the
license is sought;
3. the relationship of the crime or crimes to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of the
position of employment or occupation; and
WHEREAS, on January 19, 2022, the License Examiner brought forward a recommendation to
the Council to deny the master installer application for James Gay and the heating contractor
license application for Integrity Home Repair, LLC, based on these several convictions; and
WHEREAS, Mr. Gay, through comments made on the record during the open comment period
of the same meeting did request to be heard on the matter, and the Council did refer the matter
for further investigation to the appropriate committee as prescribed by Rochester Code of
Ordinances 4-3-5 (e); and
WHEREAS, that committee consisting of the Council President and the City Clerk did convene,
with Mr. Gay in attendace and his attorney, and conversation with question and answer ensued;
and
WHEREAS, the committee concluded that in accordance with Minnesota State Statute 364.03,
it found that Mr. Gay had not been sufficiently rehabilitated, specifically but not limited to his
current status of being on active probation for the offenses outlined in the October 27, 2021,
convictions; and
WHEREAS, based on the history outlined above, the committee supports the recommendation
of the License Examiner that Council deny these license applications.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester,
Minnesota, that the Council, pursuant to R.C.O. Chapter 4-3 does hereby deny the master
installer application for James Gay and the heating contractor license application for Integrity
Home Repair, LLC.
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)