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<br />Vern Smith, Sergeant, Eugene Police Department, introduced himself ~ <br />indicating that he was representing the Police Department's position of .., <br />denial of this license application. <br /> <br />Public hearing was closed, there being no further testimony <br />presen ted. <br /> <br />Councilman Obie asked if he could have a description of the items left out <br />of the application by Mr. Ackley. Sergeant Smith replied that Mr. Ackley <br />had listed one offense and he had failed to list several other offenses <br />i ncl uding five offenses for shopl ifting, one traffic viol ati on, one <br />possession of marijuana, and the fact that he had been in jail up to 21 <br />days prior to the application filing and was indeed on probation. Mr. <br />Ackley said he failed to list these violations because he was in a hurry <br />to get to work and had no time to complete the application. Sergeant Smith <br />indicated the failure to supply this information would be grounds for <br />denial of the application. <br /> <br />Mr. Bradley asked for clarification as to whether the denial had been <br />based on the fact that the information given was misleading, or that not <br />all of the information and offenses were supplied, or whether both facts <br />were a consideration for denial. Sergeant Smith replied the denial was <br />based on the fact that the listed information was misleading and that the <br />failure to disclose information failed to comply with the City Code <br />ordinance. Mr. Bradley asked now that the City has all of the infor- <br />mation, whether the City should now consider the application with the <br />additional information and facts. Sergeant Smith indicated the Police e <br />Department should not be placed in a position of finding out the infor- <br />mation; that it is imperative to trust a person in such a position as Mr. <br />Ackley is applying for. <br /> <br />Councilman Haws asked if the Police Department had had all the information <br />it now has, whether it would have recommended denial. Sergeant Smith <br />replied that the Police Department would check with the Probation Officer <br />to see if it would be applicable for Mr. ACkley to work in such a posi- <br />tion. He could not say whether the Department would have recommended had <br />it had all the information, but he did doubt seriously that recommendation <br />would have been approved. <br /> <br />Councilman Lieuallen asked whether there was anything in the Code which <br />indicated a person would have a chance for qualifying on the basis of an <br />application over a certain period of time. Ms. Joyce Benjamin, City <br />Attorney's office, read part of the Code and things to be considered: <br />past violations of ordinances, conforming to State laws, applicant's <br />ability to do activity, and for a merchant license, each person should be <br />approved by three reputable persons known for five years. Sergeant Smith <br />indicated that a person can re-apply at a designated time, after a <br />reasonable length of time has passed, for a merchant's license. Coun- <br />cilman Lieuallen asked what the particular point of decision is for the <br />Council, to which Mayor Keller indicated the decision would be whether to <br />uphold or reverse the denial of the Eugene Police Department. <br /> <br />1/24/77 - 4 <br /> <br />e <br /> <br />'io <br />