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Board of Appeals upholds Taxi Commission revocation of medallion for driver convicted of offense involving minor

San Francisco Board of Appeals · December 12, 2007
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Summary

The Board of Appeals unanimously upheld the Taxi Commission's revocation of Llewellyn Phelan’s medallion and A‑card, citing a final conviction for a crime of moral turpitude and failure to meet driving and filing requirements.

The Board of Appeals voted 5‑0 to uphold the Taxi Commission’s decision to revoke Llewellyn Phelan’s taxi medallion and A‑card. The Taxi Commission had revoked the permit after a hearing officer’s recommendation; the commission relied on three grounds including a conviction for a crime of moral turpitude, failure to meet the full‑time driving requirement, and failure to file required forms.

Heidi Machen, executive director of the Taxi Commission, told the board the commission relied on the fact of Phelan’s conviction and that, under the municipal police code, conviction for a crime of moral turpitude supports mandatory revocation. Phelan and supporters testified and urged due‑process concerns and the possibility of collateral attacks on his conviction; Phelan said he planned to pursue habeas relief. Commissioners said the record supported the Taxi Commission’s action and emphasized public‑safety concerns and the practical inability of a convicted person to obtain the A‑card or insurance. The board upheld the Taxi Commission by a 5‑0 vote.