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San Francisco appeals board upholds Taxi Commission’s lifetime bar for driver Jacob Bretholtz

San Francisco Board of Appeals · March 12, 2008
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Summary

The San Francisco Board of Appeals on a 3–1 vote upheld the Taxi Commission’s decision to bar Jacob Bretholtz from holding a taxi permit, after testimony from Taxi Commission staff, police and multiple industry witnesses about safety concerns and repeated disruptive incidents.

San Francisco — The San Francisco Board of Appeals on [date of meeting] voted to uphold the Taxi Commission’s decision to permanently bar Jacob Bretholtz from holding an "A" taxi permit, concluding the commission’s safety findings and record supported the revocation.

Heidi Machin, executive director of the Taxi Commission, told the appeals board the agency took a series of security steps after an incident involving Bretholtz and commission staff and has spent money on protective measures. "This event changed the way that Taxi Commission does business, not unlike 9 11 changed air travel," Machin said, describing enhanced office security, badges and other measures intended to protect staff.

Deputy director Jordana Thigpen described feeling personally threatened after the encounter and said she obtained a restraining order after the incident. "I was scared," Thigpen said, recounting how the episode affected her ability to perform routine duties and the staff’s decision to seek added protections.

Sgt. Ron Reynolds of the San Francisco Police Department testified that Bretholtz displayed a long pattern of troubling behavior and that, in his view, the appellant posed ongoing public-safety concerns without professional intervention. Reynolds described prior arrests, behavior the officer said raised concerns about the appellant’s capacity to safely operate a taxi and recommended psychiatric evaluation before any reinstatement.

Bretholtz denied many of the factual assertions in the Taxi Commission’s papers and told the board he did not have the extensive disciplinary history the commission attributed to him. He called parts of the commission’s record "lies" and said he had one minor felony and one misdemeanor conviction that he believed did not disqualify him under commission rules.

Representatives from local taxi companies and other residents testified in favor of upholding the Taxi Commission decision, citing safety and customer-protection concerns. Richard Hybels of Metro Cab told the board he had observed immediate problems when Bretholtz worked briefly for his company and urged the board to defer to the commission’s judgment.

After deliberation, President Michael Garcia moved to uphold the Taxi Commission’s decision. The motion passed 3–1. The board’s recorded votes included Commissioner Tanya Peterson (aye), Commissioner Randall Knox (no) and Commissioner Frank Fung (aye); the board announced the motion carried by a 3–1 margin.

The appeals board’s action keeps in place the Taxi Commission’s revocation while laying out the record of testimony and the commission’s stated public-safety rationale. The board did not adopt any additional conditions for future reinstatement other than what appeared in the Taxi Commission’s recommendation (the commission had said it favors psychiatric evaluation and keeping the appellant off the road at a minimum while a restraining order remained in effect).