Nome council reverses vote, denies cab license to man convicted of sexual abuse of a minor

The Nome Common Council voted 6-0 Friday to reverse its own Tuesday decision, leaving in place the city's denial of a chauffeur's license to a man with a felony conviction for sexual abuse of a minor. The appeal does not formally close until the council adopts written findings of fact and conclusions of law, city attorney Sam Severin said.

On Tuesday, Mayor Kenneth Hughes broke a 3-3 tie to grant the man's appeal, as Alaska News previously reported. The city clerk and city manager had denied the license, and the clerk said city code left no choice. The clerk's denial letter cited a conviction for sexual abuse of a minor in the second degree. One council member said Tuesday that the case dated to the 1980s, and another said his understanding was that the man had been licensed to drive cab repeatedly over the years. The applicant did not speak at either meeting.

Council member Scot Henderson requested Friday's special meeting. All four residents who spoke criticized Tuesday's vote.

A former co-owner of Boots and Cab Co., who gave her first name as Ashley, said cab drivers carry women, children and elders, and urged the council not to issue the license.

Billie Miller, the company's other co-owner, said she has been sexually assaulted more than once. "It is your job as the mayor, as a councilman, and as a city manager to protect our community," she told officials.

Jeremy Jacobson, a Nome resident, read from the city's causes for denial, which say a person convicted of a felony offense against the person shall be denied. "I was under the impression that even council members are still subject to the law," he said.

Thomas Simonson, a voting resident, noted that unlike other provisions in that section, the disqualification has no three- or five-year limit. He asked whether Tuesday's vote fell outside the council's authority.

Severin, who joined remotely, said the appeal was not finished because city code requires a decision followed by written findings of fact and conclusions of law, and those were never ordered Tuesday. Asked by Henderson whether he could say the original denial conformed with city ordinance, Severin said he could not, citing his limited factual record. He said he had deliberately not reviewed the applicant's criminal record.

Henderson then moved to reverse Tuesday's decision. The motion passed 6-0.

The motion also directs the city attorney to write findings of fact and conclusions of law. Severin said the council would vote to adopt that document at a later meeting, formally closing the appeal.