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Board overturns SFMTA revocation, reinstates taxi medallion after review of waybills
Summary
The Board of Appeals found insufficient evidence to sustain the SFMTA's revocation of medallion No. 1094, citing bookkeeping problems but not fraud; the panel voted 3-0 to reinstate Michael Kipnis's medallion and reverse the revocation.
The San Francisco Board of Appeals reversed a revocation of taxi medallion No. 1094 and reinstated the medallion, concluding the evidence did not support permanent revocation.
Appellant Michael Kipnis's counsel, Heidi Machin, argued the SFMTA's case relied on inconsistent waybill analysis and investigative errors, including a typographical date error in an investigator's declaration and the exclusion of many waybills Kipnis submitted to prove his driving hours. Machin urged the board that the appropriate remedy for sloppy records would be admonishment or fines, not loss of a medallion held for decades.
SFMTA enforcement manager Jarvis Murray and investigator Scott Leon detailed their audits, pointing to duplicate dates, overlapping odometer readings and other discrepancies in waybills for 2007—2009. Leon testified to specific instances of identical fare entries and overlapping mileage that, in SFMTA's view, suggested after-the-fact fabrication.
Board members probed both sides: some expressed concern about repeated record discrepancies, while others found the testimony of a long-time driver's declarant and the appellant's history persuasive. Commissioners said the case presented sloppy bookkeeping but did not rise to the level of egregious fraud warranting revocation.
On the motion to grant the appeal and reverse the revocation, the Board voted 3-0 to reinstate the medallion and overturn the SFMTA decision. The record notes the Board's finding that there was insufficient evidence to support revocation.
The Board's decision restores Mr. Kipnis's medallion and leaves any monetary penalties or other administrative follow-up to the SFMTA as applicable within its enforcement framework.
