Cab company owner concerned over proposed changesLocal law would ban sex offenders, recent felons from driving taxisOSWEGO — A local cab company manager told councilors that Oswego’s largest taxi service would lose half its driving force if lawmakers approve a background check requirement that would exclude convicted sex offenders and some felons from driving cabs.
The revision to the city code calls for applicants of a new or renewal taxi or bus driver’s license to submit to a background investigation that would be conducted by the Oswego Police Department. The current code does not include provisions for police to perform background checks. Under the proposed revision, an applicant would be denied a taxi driver’s license if his or her record contains any felony conviction within the preceding 10 years, or any conviction that would designate a person as a New York state sex offender at any level, regardless of the date of offense.
Lake City Taxi Manager Brian Savage spoke against city-imposed background investigations during the July 23 public hearing for the code revision. “We at Lake City Taxi do background checks of both criminal and driving records and would not put someone out there that I thought was a risk to the public,” Savage said. “To date, there has never been an issue or a problem involving someone’s criminal record in the taxi business.” Citing many years as a local taxi owner and driver, he added, “The city has never felt that our background was an issue.”
The taxi company owner added that of the 18 licensed taxi drivers in Oswego, half would be out of a job if councilors pass this law.
A request for city records made by The Palladium-Times under the Freedom of Information Act shows there are seven taxi companies and 30 drivers currently holding taxi licenses in Oswego. Lake City Taxi is the largest company, with four registered cabs and 11 current drivers. Savage said in a phone interview on Tuesday that since April, one of those drivers has left — and not turned in his license as required — so its actual workforce is 10 drivers.
A check by The Palladium-Times through the New York State Department of Justice sex offender registry and the website Family Watchdog, a national sex offense registry, showed none of the 30 currently licensed drivers are listed as registered sex offenders. A check of the New York State Division of Criminal Justice inmate lookup website at
www.nysdoccslookup.doccs.ny.gov revealed three of Lake City Taxi’s drivers have felony convictions that would exclude them from holding a taxi license under the revised code. Savage is among those, with a conviction 30 years ago for first-degree sexual abuse, a class D felony, according to the New York State Department of Corrections website. The same website shows a fourth driver, Jerry Emond, licensed through D & M Taxi, was convicted in 2000 for use of a child in a sexual performance, a class C felony, a conviction that would prevent him from being issued a license if the law is passed.
The Lake City Taxi manager noted that not all felony offenses result in jail time, making the convictions more difficult for companies to track. Savage said most of the local drivers had worked for him at one time or another. “I personally know all of the drivers out there right now,” he said. “I know their records.”
As Savage stood before the council in July, he noted that even if a person has a criminal record, everyone makes mistakes. “Don’t punish these people again for a crime they have already paid for,” Savage said. “It takes a certain type of person to do this job. It is not a very high-paying position, but it is a job.” He reiterated on Tuesday that he is not in favor of having sex offenders drive taxi cabs, but the regulations with respect to those with felony offenses — despite having a 2006 felony conviction for which he received probation but not jail time — is unfair.
Savage also told the mayor and councilors during the public hearing that he believed the administration of licensing through the local police department was not handled well and felt he had been stonewalled while trying to get his license renewed. “Yet the city wants more money, with no change for the better,” Savage said. “If we are to pay these outrageous fees, put someone in charge that will be available for us for daily operations Monday through Friday that will not be too busy to address the issues of pictures, inspections or whatever is needed. Time is money. We can’t have a taxi sitting around waiting on a city inspection.” He added on Tuesday that one reason for the delay in getting needed photos and inspections is that the police are busy.
OPD Sgt. Michael Brown administers the photos and inspections for Oswego’s taxi licensing. “We don’t run a complete background history,” Brown said. “We don’t do them because it’s currently not part of the city code.” The sergeant added that if the proposed revision were passed, local police would be allowed to run a complete background history, known as a “file 15,” which provides information from all 50 states on an individual. He also noted those types of history checks require a reason for police to run them. “The code revision would let us do that,” Brown said.
The proposed code change, in an attempt to regulate bus traffic in neighborhoods, also recommends revising the rules applying to taxis and buses. Adding buses to the taxicab rules, the revision outlines a new bus route designation, essentially limiting buses, but not taxis, to main streets and prohibits buses — not taxis — from operating in the neighborhoods between the hours of 9 p.m. and 7 a.m.
The bus company owners advised councilors during the public hearing, via their attorney, that they would litigate the matter if the law passes.
As councilors prepared to vote on the matter after the public hearing, it was decided during their discussion that they needed to gather more information in the way of a legal opinion from the DOT before a vote could be made. A motion to table the matter passed 5-1-1, with Councilor Mike Todd, R-3rd Ward, voting no to table and Councilor Shawn Walker, R-4th Ward, abstaining due to his affiliation with one of the bus companies.
Once councilors are satisfied the law is litigation-proof, it will come before committee and be presented again for a public hearing
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