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Board of Appeals delays final decision on KSJ Cab color-scheme revocation, orders compliance check by January 16
Summary
The board declined to immediately reinstate KSJ Cab's color-scheme permit, instead continuing the Taxi Commission's revocation appeal to Jan. 16 for a surprise audit and opportunity for remediation after staff cited repeated audit failures and missing workers' compensation records.
The San Francisco Board of Appeals on Oct. 24 heard testimony over the Taxi Commission’s July decision to revoke KSJ Cab Company’s color-scheme permit, but stopped short of a final ruling and continued the case to Jan. 16 for a follow-up audit and compliance check. Taxi Commission executive director Heidi Meacham told the board the revocation rested chiefly on repeated administrative-audit failures and missing paperwork: “KSJ's office was not staffed when they arrived during business hours as required by rule 5 h 1,” Meacham said, describing audits that produced scores of 13% (02/2003), 18.75% (07/03/2007) and 0% (07/18/2007). She also said KSJ failed to file a sworn workers’ compensation statement and did not produce required waybills and records during audits.
Owner and driver David Bassada disputed parts of the staff account and cited a superior-court disposition he said undercut the revocation case: “The judge dismissed all their findings,” Bassada told the board, arguing some records had been misplaced and that he had attempted to cooperate. Several industry witnesses urged leniency or progressive discipline: Martin Smith of Delta Cab offered to train Bassada and said, “I'll train him,” while other medallion holders urged a probationary approach rather than immediate permit revocation.
Board members weighed the enforcement purpose behind surprise audits and whether a short continuance might let KSJ come into compliance. Commissioners expressed sympathy for small operators but stressed regulatory standards. President Randall Knox moved to continue the matter and provide time for remediation and a new audit; the board voted unanimously to continue to Jan. 16 with an instruction that a surprise audit be scheduled prior to that date. The continuance leaves the company able to retain its medallion and drive, but places the color scheme at risk if it fails the upcoming audit.
Next steps: staff will schedule a surprise audit before Jan. 16; if KSJ fails to come into compliance the Taxi Commission’s revocation may be implemented. The board also encouraged industry assistance to help smaller operators meet administrative requirements.
