Nome Common Council revokes earlier decision that allowed a sex offender to drive taxis

By Diana Haecker

In a special meeting on Friday, the Nome Common Council reversed its prior approval of an appeal concerning a chauffeur’s license for Harold Michael Ahmasuk.
Council member Scot Henderson requested the meeting to be convened in response to an appeal decision that didn’t seem to be grounded in law.

Background
Harold Michael Ahmasuk, driving taxicab for Steven Longley’s EZ Shuttle, applied for a chauffeur’s license. The city clerk denied the application based on a city ordinance that states that a person shall be denied a chauffeur’s license if he or she has been convicted in any jurisdiction of a felony crime. Ahmasuk had a conviction of sexual abuse of a minor in the second degree dating 30 years back and City Clerk Dan Grimmer pointed out that there is not statute of limitations for this crime. Ahmasuk appealed the city clerk’s denial with a written letter saying, “Im [sic] appealing my chauffeur license denial.” The Nome Common Council, sitting as the appeal board, did not hear from Ahmasuk directly but from his employer Steven Longley saying that Ahmasuk had been issued a chauffeur’s license in the past and the language in the ordinance is ambiguous as the Chief of Police is per ordinance tasked to make the decision and the chief signed off on the application. City Clerk Grimmer argued that the ordinance is very clear and mandates denial. The council was split 3 to 3 in the vote overturning the denial. Adam Martinson, Randy Oles and Kohren Green voted to grant the appeal. Adam Lust, Scot Henderson and Mark Johnson voted against granting the appeal.
Mayor Kenny Hughes cast the decisive vote to grant Ahmasuk’s appeal and let him drive cab.

Revisiting the appeal
Council member Henderson called for the special meeting on Friday, in which the council unanimously reversed its decision and denied Ahmasuk’s appeal, effectively denying him the right to drive taxi cabs in Nome.
Several members of the public showed up to admonish council members and Mayor Hughes for their decision to grant the appeal in the first place.
Billi Jean Miller-Earp questioned whether the EZ shuttle service is operating under appropriate licenses, insurance and fair standards. She produced evidence that under Alaska business-license records EZ Enterprises, Longley’s business, is listed as a motor vehicle towing rather than taxi service. And she didn’t take kindly to the casual approach of some council members to let a convicted sex offender drive cab.
Miller was not alone in her outrage.
Jeremy Jacobson cited the city’s ordinance, that a person shall be denied a chauffeur’s license if the person has been convicted in any jurisdiction of a felony crime with elements similar to any felony offense defined in AS 11. 41 offenses against a person. “I guess with the law being clear, I didn’t understand how this would get passed. I was under the impression that even council members are still subject to the law,” he said. “If anyone had any daughters that might ever want to use a taxi service, whether it’s to get home from a friend’s house or really any circumstance you can think of, just seems like it’s a really basic safety concern. Is that the example that we’re going to set for our community, for children, as leaders?”
Thomas Simonson also spoke up and  said he was shocked by the council’s vote to grant Ahmasuk’s appeal when the law was clearly not being followed. While not commenting about the individual applicant or his character, Simonson said, he’s concerned about the city’s response and its ability to follow its own ordinances. He dug deeper into ordinances and brought up a section that requires “written findings of facts and conclusions of law supporting the council’s decision, and we are of course eager to hear what those might be,” he said. “It’s noteworthy because without those findings, it’s difficult for me as a voter and the community at large to understand what legal basis the council relied upon to approve an application that appears to fall under a mandatory disqualification.”
After mulling the procedural and complicated advice from the city’s attorney Sam Severin, who attended the meeting virtually, Henderson made the motion to reverse the council’s decision to grant Ahmasuk’s appeal and to direct the city administration to issue findings of facts and conclusions of law.
All council members — Scot Henderson, Randy Oles, Kohren Green, Mark Johnson, Adam Martinson and Adam Lust — voted yes, effectively denying Ahmasuk’s appeal, and ordering their decision to be justified by findings of fact and conclusions of law.

 

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