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Board of Appeals continues taxi-medallion jurisdiction dispute to Nov. 7
Summary
United Taxicab Workers asked the board to assert jurisdiction over SFMTA Resolution 12-115, which authorizes leasing 150to 200 medallions to companies; after lengthy public testimony, the board continued the jurisdiction question to Nov. 7 to allow a full panel to vote.
The San Francisco Board of Appeals moved on Oct. 24 to continue a high-profile jurisdiction request over a San Francisco Municipal Transportation Agency plan to lease 150 to 200 taxi medallions to companies.
The request, filed by Mark Gruberg on behalf of the United Taxicab Workers, asked the board to assert subject-matter jurisdiction over SFMTA Resolution 12-115, adopted Sept. 4, 2012. Gruberg argued that leasing medallions to companies effectively denies medallions to drivers who have waited up to 17 years and that the board has an established appeal role under Charter section 4.106(b) and police-code provisions. "Drivers who paid to apply as long as 17 years ago and have driven for years in order to maintain their eligibility," Gruberg told the board, "this was an unlawful decision made in clear violation of the transportation code by an agency that has put its financial self interest above that of the public interest." (Mark Gruberg, United Taxicab Workers)
Why it matters: hundreds of drivers testified that the proposed leasing would bypass a longstanding waiting list and shift industry revenue to the SFMTA; the dispute raises questions about the boundaries between the MTA's legislative authority and the Board of Appeals' role hearing permit denials/approvals.
SFMTA staff told the board their action created a new class of permits and amounted to legislative rule-making best addressed by the SFMTA board. "This is most emphatically not the grant or denial of a permit," Christiana Hayashi, director of the Taxis and Accessible Services Division, said. She urged the board to consider the MTA's legislative authority in its deliberations.
Board action: Vice President Frank Fung moved to continue the jurisdiction request to Nov. 7 so the full complement of commissioners, including President Chris Huang, could decide. The board voted 3-0 to continue the matter and noted ongoing staff discussions about a memorandum of understanding that could define how individual permit appeals are handled between the agencies.
Next steps: The board will reconvene the matter Nov. 7. Parties may submit or exchange any additional materials identified in the board's continuance order beforehand.
