WHAT YOU WERE NEVER TAUGHT ABOUT THE DRIVER LICENSE by Richard, Parks Iverson 2014 <> .> > , , a - J E E ~ ~ E T O F TIIE 211 I'oI:sI,Y-(;I.x 1 ; : \ L . Automa5ilcs - L i c ~ t w s -- C I i ~ ~ t t f c , t i t s. Xcmbers of fxnil!- oxvning and operating an antornol~ilc, n d ;:or procure cha~ii'ieur's license. STATE O F KEW YOI'LIi, ; k r i - o ~ : ; r , r - G ~ a ~ ~ . i ~ ' s O~I'ICL, \ I \ ~ 2 ~ \ ~ ~ , Julg 91, 1903. Hon. SAJLCEL S. KOESIG, S c c w f a r y of Stote, ,lZba)ly, AT. I-.: Dear Sir.--Tour f a r o r of July 13, 1000, ( 1 ~ 1 ~ - reccivecl. . I n answer to v o w inquiiy as to whcther or not it is n r t ~ ~ - - ~ r ~ for various members of a fanlily 1~110 own an aatonloldc t o pro- c u ~ o a chauffeur's liccnsc in the event that different mcnllwr2 of the family operate the autonlobilc, I arn of the opinion thrtr =iicll license is not neceszarx. There i s no provision of law that I am aware of requiring rhc. owner of a motor car o r an;(. ~ncnllter of his f a m i l - to procure a chauffeur's license to r u n such n~achil~e. Subdir-ision 5 of s ~ t i c n ?SO of chapter 30 of thc Coni.oli~lclteil Lairs defines t?le word " chauffenr " as follows : '. Shall 111c.an arly person operating a niotor vehicle as mechai~ic, eni~Jo>ce o r for hire." Sc-cticm 222 requires thc ov-ner to file i n the Secrctarv of Staw's oEce a statement of his uallic arid adcliess, 1.i-ith a brief clc.-crii1tion of the vehicle to be mg-isterecl, etc. section f l S 3 prorides for thc registration of snch motor vehicle. Section 302 provides that every person deairing to opcrate a Inoror ~-rhicle as a c l ~ n z r f t w shall file i n the office of thc S t c r c t a q of State a statement, which shall include his name and ndclrcss and t l ~ e trade name and motive power of the motor ~ e h i c l e he i 5 to operate. Upon filing snch statement, the Secretary of State shall issue to the chauffeur a badge, as provided in section 304. Section 306 p r o d e s that no person shall operate a motor w- h i c k as a churcfeur upon the public highways, unlcss such person C!orporg Lions. 0. I<. 1,cathc-r Yaring Cumpang-, anil YrLnn Publishing Compllly. Voting po\ser of stocl;holders. Tnder the clccision of the Appellilte Dirision i n People es re]. Eronxe v. l i o r r ~ i g , tho Secretary of State mnst file certificate of incorporation even t1iongh i t prorides that ccrtnin classes of stocMlolclcra h n ~ - e no voting power. (See opinion, rlugust 31, 1009. See opinion, ;\larch 91, 1010, with references.) Iron. S . ~ - \ r u ~ r , S. Ko~csrc;, S e c r e t m y of Ptctlc, dlbcrtly, i V I ' : Jlcar Sir.-- 1 h a r e your letters of the 81st nltimo anrl the 5th instant, s i p c J 1):- X r . Feunell, in which yon reclue.t q o ~ i i n i o ~ l as to thc scope of the deci~ion of the .lppellatc Di\i;ion i n People e s rel. Eron-ne v. Koenig, i n relation to the right to file a certifi- cate of incorpwation p r o ~ i c l i n ~ that ccrtain clascs of stock shall be deprived of voting power. T o n enclosc proposed certificates of incorporation of 0. 1 : Leather P a r i n g Conlp~lly anrl Urban P u b lishing Companyv. I n the fonner certificate it is proviclecl that preferred stock alone is to have the right to rote and that the con- sent or fa^-orable vote of such rotinp stock alone shaIl be - to a sale of the property of the compsiny a s an entirety. In the other certificate i t is provided that the preferred stock shall have no roting powers except on the question of the increase or reduc- tion of the authorized preferred stock. December 20, 2021 Page 3 of 3 customers. We ask that the City either allow Ms. Gagne to resume operating immediately without a taxi license or hold a special session to have an immediate hearing to reconsider her license application. We also hope the City will eliminate its unconstitutional taxi license scheme completely. Please contact me at your earliest convenience. My email is esmith@ij.org and my phone number is 631-383-5302. Thank you for your time, Sincerely, Erica Smith Senior Attorney Institute for Justice CC: Mayor Reid Holien and City Council via overnight mail. State of California GOVERNMENT CODE Section 19572 19572. Each of the following constitutes cause for discipline of an employee, or of a person whose name appears on any employment list: (a) Fraud in securing appointment. (b) Incompetency. (c) Inefficiency. (d) Inexcusable neglect of duty. (e) Insubordination. (f) Dishonesty. (g) Drunkenness on duty. (h) Intemperance. (i) Addiction to the use of controlled substances. (j) Inexcusable absence without leave. (k) Conviction of a felony or conviction of a misdemeanor involving moral turpitude. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude is deemed to be a conviction within the meaning of this section. ( l ) Immorality. (m) Discourteous treatment of the public or other employees. (n) Improper political activity. (o) Willful disobedience. (p) Misuse of state property. (q) Violation of this part or of a board rule. (r) Violation of the prohibitions set forth in accordance with Section 19990. (s) Refusal to take and subscribe any oath or affirmation that is required by law in connection with the employment. (t) Other failure of good behavior either during or outside of duty hours, which is of such a nature that it causes discredit to the appointing authority or the person’s employment. (u) Any negligence, recklessness, or intentional act that results in the death of a patient of a state hospital serving the mentally disabled or the developmentally disabled. (v) The use during duty hours, for training or target practice, of any material that is not authorized for that use by the appointing power. (w) Unlawful discrimination, including harassment, on any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections 12926 and State of California PENAL CODE Section 13510.8 13510.8. (a) (1) The commission shall revoke the certification of a certified peace officer if the person is or has become ineligible to hold office as a peace officer pursuant to Section 1029 of the Government Code. (2) The commission may suspend or revoke the certification of a peace officer if the person has been terminated for cause from employment as a peace officer for, or has, while employed as a peace officer, otherwise engaged in, any serious misconduct as described in subdivision (b). (3) The commission may cancel the certificate or proof of eligibility of a peace officer if the commission determines that there was fraud or misrepresentation made by an applicant at any time during the application process that resulted in the issuance of the certification. (b) By January 1, 2023, the commission shall adopt by regulation a definition of “serious misconduct” that shall serve as the criteria to be considered for ineligibility for, or revocation of, certification. This definition shall include all of the following: (1) Dishonesty relating to the reporting, investigation, or prosecution of a crime, or relating to the reporting of, or investigation of misconduct by, a peace officer or custodial officer, including, but not limited to, false statements, intentionally filing false reports, tampering with, falsifying, destroying, or concealing evidence, perjury, and tampering with data recorded by a body-worn camera or other recording device for purposes of concealing misconduct. (2) Abuse of power, including, but not limited to, intimidating witnesses, knowingly obtaining a false confession, and knowingly making a false arrest. (3) Physical abuse, including, but not limited to, the excessive or unreasonable use of force. (4) Sexual assault, as described in subdivision (b) of Section 832.7. (5) Demonstrating bias on the basis of race, national origin, religion, gender identity or expression, housing status, sexual orientation, mental or physical disability, or other protected status in violation of law or department policy or inconsistent with a peace officer’s obligation to carry out their duties in a fair and unbiased manner. This paragraph does not limit an employee’s rights under the First Amendment to the United States Constitution. (6) Acts that violate the law and are sufficiently egregious or repeated as to be inconsistent with a peace officer’s obligation to uphold the law or respect the rights of members of the public, as determined by the commission. (7) Participation in a law enforcement gang. For the purpose of this paragraph, a “law enforcement gang” means a group of peace officers within a law enforcement