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Rules and Regulations Subcommittee


October 29, 2007 at 10:30am

City Hall,1 Dr. Carlton B. Goodlett Place               

Room 400


Present:  Breslin, Oneto, Gillespie

Absent:   none

Commission called the meeting to order at 10:48 A.M.

ATTENDENCE:  Deputy Director Jordanna Thigpen, Senior Assistant Danelle Carey, Commissioner Oka – Taxi Commission, Tom Owens-City Attorney, Rich Hybels- Metro, Jim Gillespie- Yellow, Dan Hinds-National, Wesley Hollis-Executive, Hansu Kim

1.       Call to Order/Roll Call

2.      General Public Comment (Please limit public comment to items not on the agenda)

  • Jim Gillespie: 90 second rule for picking up people.  I have a copy of the Denver ordinance and would like to calendar this topic.
  • Com Breslin: We will continue this to an appropriate time.

3.      Adoption of Minutes from the October 15, 2007 Subcommittee Meeting.

Adopted without objection.

4.      Consideration of Amendments to Taxicab/Ramped Taxi Rules & Regulations, Section 1, Authority – 1077(a) MPC [DISCUSSION AND POSSIBLE ACTION; EXPLANATORY DOCUMENTS]

  • Jordanna Thigpen: Com Breslin asked me to go through and put housekeeping items on; you all have a copy of that right in front of you.  Staff made some housekeeping recommendations. 
  • Com Breslin: On Section 1 under authority I see that a portion is deleted.  If you could please explain why this change is made, then we can approve or discuss it.
  • Jordanna Thigpen: When Prop K was first passed it was added as Appendix F to the Charter.  Prop K is now under Article 16 of the Municipal Police Code. This housekeeping recommendation would simply clean up that language.
  • Com Breslin: Are there any regulations left in Appendix F?
  • Jordanna: There is an Appendix F; City Attorney Owens can speak to that.
  • Tom Owens: For the sake of accuracy Proposition K is now Appendix 6 of the Administrative Code.  Appendix F, It would have to do with the Controller’s roll as the county services auditor.
  • Com Breslin: So your recommendation is just to add the Administrative Code Appendix 6 and to delete the Appendix F?
  • Tom Owens: Correct.
  • Com Breslin: There is one other section I wanted to bring up, under authority the Taxicab Commission or Designee may suspend or exempt any or all enforcement of these rules and regulations when implementing special studies and/or projects to service needs relating to PC&N, I have not seen a practice of that.  I want a discussion about this rule because we are not utilizing it to the extent of authority that the Taxi Commission has.
  • Com Oneto: I think we would need to get the definition of special studies and projects.
  • Com Gillespie: Was this originally in the police code or was this something that was added by the Taxi Commission?
  • Jordanna Thigpen: I can research this.
  • Com Breslin: Should we be asking for a special study?
  • Com Gillespie: I think that we just need some better language.
  • Jordanna Thigpen: MPC 1077 is what gives authority in the code for the commission to come up with there own rules. 
  • Com Breslin: We need to make a recommendation to the commission.
  • Jordanna Thigpen: I will prepare/find as much history as possible for the next meeting.
  • Com Breslin: This will be on the next agenda, there are no recommendations.


5.      Consideration of Amendments to Taxicab/Ramped Taxi Rules & Regulations, Section 2, Response Time Goals [DISCUSSION AND POSSIBLE ACTION; EXPLANATORY DOCUMENTS]

·         Com Gillespie: Based on what’s here they are good goals

·         Com Oneto: I agree with Comm Gillespie.

·         Com Oneto: What penalties are associated with having these goals?

·         Jordanna Thigpen: There are currently no dispatch standards. No one has ever been prosecuted for failing.

·         Com Breslin: We should make recommendation to the commission to review dispatch success.  Maybe the response time goals should move to section 8.

·         Dan Hinds: Reference 8.A.6

·         Com Breslin: It would make more sense to have this under 8.A.6, which is partially the dispatch responsibility.  Driver’s responsibility is different than the dispatch responsibility.

·         Jordanna Thigpen: Drivers are not responsible for accepting a call from a customer and then dispatching himself to a call, that’s why the goals are different.

·         Com Breslin: It has to be a dual responsibility.  We can take public comment.

·         Com Gillespie: Are you still advocating moving this to section 8.

·         Com Breslin: Yes and cleaning up the taxi driver rule.

·         Com Oneto: You might want to put how many calls a driver refuses, because that’s more your issue.

·         Com Breslin: That’s not my issue; we don’t know where the driver is at the time of the call.  I would suggest that the goals belong with the dispatch service. 



Public Comment:

  • Com Oka : From my experience this is more of an incentive goal.  Incentive problem more than anything else. The responsibility has to be both dispatch and the driver.
  • Com Gillespie: We have a lot of different rules for ramp taxis
  • Com Breslin: We will address incentives and calls pick ups under ramp taxis.
  • Wesley Hollis: Goals don’t belong in a rules and regulations book, section 2 is inappropriate.
  • Com Breslin: I actually think that we need to encourage response.
  • Com Oneto: An agenda item request for the next meeting to discuss Section 2, 6.C.10 and 8.A.6 all at the same time.
  • Com Breslin: Lets agenda that.  There are no recommendations at this time.


6.      Consideration of Amendments to Taxicab/Ramped Taxi Rules & Regulations, Section 3, Definitions [DISCUSSION AND POSSIBLE ACTION; EXPLANATORY DOCUMENTS]

·         Jordanna Thigpen: Staff made a recommendation to delete Section K, Formal Employee Operations because this has caused some confusion in the past.

·         Com Breslin: I understand that some drivers are employees and some are not.

·         Jordanna Thigpen: The only reference we found to it in the rules and regulations was pertaining to parking a taxi cab vehicle off of the color schemes business premise.  Section 4.A.9.

·         Tom Owens: I don’t really know the significance but it would apply to those operations where the company formally acknowledges that the drivers are employees when they have them on payroll or issue them a W-2 at the end of the year.

·         Jordanna Thigpen: Section G of the definitions includes self-employment as an independent contractor.

·         Com Breslin: I believe this allows the color scheme to determine whether or not taxis park at or away from the color scheme. 

·         Jordanna Thigpen: If you wanted to change 4.A.9 you can simply say for business purposes.

·         Com Gillespie: I would support staff recommendations.

·         Com Breslin: Can I have a recommendation

·         Com Oneto: Motion to delete

·         Com Gillespie: 2nd motion

·         Com Breslin: For the record if one, two or three want it before the commission for a change we will do it.  I wanted to take a look at the definition of 3H.

·         Com Gillespie: We might want to amend that to include the 800 hour change that we’ve made.  A driver does not have a driving requirement a permit holder does.


Public Comment:

  • Wesley Hollis: I would like fleet vehicles to be defined in section 3.
  • Com Gillespie: Are you proposing 3A be split into 2 categories, medallion holders or fleet medallion holders?
  • Com Breslin: Just to list it as a definition.  I would like the definitions to be in alpha order.
  • Com Gillespie: I would not be comfortable with the term owner/operator.  Are you just saying that the person who single shifts his vehicle and does not lease it to anyone.
  • Wesley Hollis: I buy the car, own and maintain the car and hire my own drivers.  I just pay a monthly fee to the company for the use of radio and color scheme, I am a sole proprietor.
  • Com Oneto: Why do they get to be treated differently?
  • Wesley Hollis: They get lower mileage than a fleet vehicle.
  • Com Oneto: This needs to be defined separately, under vehicle usage. (5.B.1)
  • Com Breslin:  We need to look at the rules and if its prevalent we can make a definition for it.
  • Wesley Hollis: Seems to me that it would be logical to put it under definitions.
  • Com Oneto: The city does not make a distinction because they are all the same permit.
  • Jordanna Thigpen: Com Breslin asked me to assemble a list of different color schemes that are single medallion companies.  There are a total of 13 color schemes with 4 or less medallions associated, that’s current as of today.
  • Hansu Kim: There is confusion with the different types of arrangements there are. 
  • Com Gillespie: Should rules and regulations define this?
  • Hansu Kim: Yes, it will be helpful in the future.
  • Com Gillespie: We should have a proposed list of all these different arrangements.
  • Jordanna Thigpen: The point of a definition section of any statute is only if there is actually going to be reference to that late on in the rules.
  • Com Breslin: What I’d like to propose for the next meeting is a public service section.
  • Com Oneto: This is a book of rules and regulations, what’s done between a company and permit holder is between them.
  • Com Breslin: For the next meeting, Jordanna have a list of the different styles of operation then we can take it into consideration throughout the book.  I am going to continue items 4 on.
  • Jordanna Thigpen: Next meeting, November 5, 2007 at 10:30pm, room 421.

7. Adjournment.



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