Columbus, Georgia

TAXICAB COMMISSION



March 13, 2002

(Special Called Meeting)



A meeting of the Taxicab Commission was held on Wednesday, March 13, 2002, in

the Council Chambers Conference Room, Plaza Level, Government Center,

Columbus, Georgia.



MEMBERS PRESENT: Chairman Wallace Archie, Mr. Tom Dobson, Mr. John Golden, Mr.

Mark Oropeza and Lt. Julius Ross.





MEMBERS ABSENT: Mr. Charles D. Pattillo and Mr. Darren Phillips







This meeting was called to order at 3:07 p.m.



MINUTES:

The minutes from the meeting of February 6, 2002 were unavailable at this

time.



OLD BUSINESS:



Chairman Archie asked if the letter was received from Assistant City Attorney

Deloach, which the secretary replied, yes.



At this point, Chairman Archie updated the members on the earlier discussion as

to whether the Commission should have the power to overrule the Chief of

Police which he said that power, in his opinion should be in the hands of the

City Council. He said Mr. Golden indicated that the City Council did not want

to do it, but has not given (us) the Commissioners that authority, either.



At this point, Mr. Golden advised the members that if any officer is

terminated, he or she has the right to appeal to the Personnel Board, which is

comprised of citizens who can override the Chief?s decision.



Lt. Ross response was that there is a big difference, whereas there is a

precedent established for personnel issues being reversed by the review board

which is a totally different issue handling administrative matters as opposed

to delegating regulatory issues.



Continuing to establish the powers of the Commission, as an example, Mr. Golden

referred to the Airport Commission?s authority, but Mr. Oropeza pointed out the

difference as being the Airport Commission was established by the Georgia

State Constitution rather than created by the City of Columbus.



In an effort to seek clarification, Mr. Dobson asked if the discussion was

based on the moral turpitude issue? Mr. Golden explained to Mr. Dobson as the

ordinance is written, it says the Commission has the authority to hear appeals.



Lt. Ross advised the members of the need to get the ordinance changed so that

the Commission can recommend that the appeal is forwarded to the Council. He

then referred to the last sentence regarding appeals as:



? Section 21-14. Columbus Taxicab Commission. The Commission will also hear

appeals from denials or revocation of taxicab permits by the Columbus Police

Department.



At this point, Mr. Oropeza reminded the members that this same issue was

voted on some time ago and then read from his notes Section 21-6. Denials,

Dismissals, Revocations, Non - renewals and Suspensions Par. (2) ?A

denial, revocation, non - renewal or suspension of a permit by the police chief

shall not be subject to direct appeal to the Columbus Council, but must first

go before the taxicab commission for a recommendation to the Columbus Council.?



As the members continued to define the role of the Commission, there was

disagreement whether the Commission is designed to help the Taxicab

driver. In an effort to get the discussion back on track, Lt. Ross

explained that since the cab driver is part of the public, our role should

be to benefit all the parties involved including the taxicab driver. At

this point, he reminded the members of the need to reach a consensus on the

issues of disagreement. He then referred the discussion back to the appeals

process, and since there are so few requests, he suggested to call an emergency

meeting to handle the appeal. The member were in agreement with the

request.



? LT. ROSS?S RECOMMENDATION:



If the request is made ten (10) to fifteen (15) days before our regularly

scheduled meeting, then schedule it for our regular meeting, but if

the request is more than ten to fifteen days after our scheduled

meeting,

then schedule an emergency meeting.



Mr. Dobson asked if the request could be made telephonically; however, Mr.

Oropeza explained that it could be done, but at some point the decision has to

be recorded in the minutes. After continued discussion on this issue, the

members decided that although it could be done, final decision would have to

be recorded in the minutes.



RECOMMENDATION TO AMEND THE PROPOSED AMENDED ORDINANCE:



Referring back to the emergency meeting, Chairman Archie recommended amending

Section 21-6 to read ?If an appeal is made seven or more days from the next

scheduled meeting, the commission shall call an emergency meeting to discuss

that appeal only.?



But, the members advised Mr. Archie that this sentence is not necessary to add

to the ordinance because this is an operation of the commission that does not

need to be in ordinance form, but would be a policy established by the

commission.



Mr Oropeza noted that if this is done in ordinance form and you (the

commission) can?t get a quorum, then you will set yourself up to violate your

own law.



? SECTION 21- 14 COLUMBUS TAXICAB COMMISSION.



At the request of Mr. Oropeza, Lt. Ross read the last paragraph of this

section ? The commission will also hear appeals from denials or revocation of

taxicab permits by the Columbus Police ?





And

? SECTION 21-6 REVOCATIONS, NON ? RENEWALS AND SUSPENSION

(2) A revocation, non-non-renewal or suspension of a permit by

the Police Chief shall not be subject to appeal to the Columbus

Council.



LT. ROSS?S RECOMMENDATION:



? Delete the entire paragraph or add ? is subject to appeal by the

Columbus Council.? He pointed out that the Chief does not have

a problem with the Council appealing his ecision.



Concluding with the discussion, the members decided there has to be a final

revision regarding the last paragraph of Section 21-14 which he read ? The

Commission will also hear appeals . . . , but it was decided that if the

sentence is removed, then something should be in its place describing our

authority to make a recommendation.



MR. OROPEZA?S RECOMMENDATION:



? Referencing this paragraph to state? the Taxicab Commission can hear

appeals, ?.. as enumerated in Section 21.6 of this ordinance. He then said

that he would re ?type the amendment in verbatim form and bring

it back it member for their review.



OLD BUSINESS:



TAXI TOP ADVERTISEMENTS:



Mr. Dobson presented an advertisement around the table which he said the cost

is about $400. Lt. Ross said this information can be mentioned in the new

ordinance as being available.







ANNOUNCEMENT OF MR. GOLDEN?S RESIGNATION:



Mr. Archie announced that Mr. Golden is resigning from the Commission, however,

he said he spoke with the City Manager regarding remaining on the Commission,

although, he is no longer a taxicab owner. He continued to report that

since we were meeting, he asked Mr. Golden to delay his announcement until the

meeting. He said this would be a good time to go forward with the

amendment. He said since there is a limited number of taxi owners in the

city and with Mr. Golden leaving, the commission will be short of one

person. He stated that he would like to change the ordinance, so the

Commission would be composed of one taxi owner, and one memberat ? large

which would clear the way for Mr. Golden to remain on the Commission. He also

mentioned the continuity of the board with the two terms of two years, which

he said he asked the Secretary, to draft a proposal. After revising the

submitted proposal from the Secretary, he amended it to read:



1. The member of the commission shall serve four (4) two -

year terms which can be extended by the Council.



2. The terms of the Chairperson is unlimited, but will be voted upon

every two years.





Note: The members now serve two (2) two - year terms for a total of four

years.



There was continued discussion on this subject with Mr. Golden reading Section

21.14. Columbus Taxicab Commission. ?. . . . to be composed of seven members

appointed by the Columbus Council and consisting of two taxicab owners, one

taxicab driver?..? which he said can be interpreted as meaning that taxicab

driver that owns his/her vehicle can be on this commission. He said it does

not say consistent of two taxicab company owners.



Mr. Golden pointed out there is no other taxicab owner that resides in Muscogee

County except Mr. Tom Dobson. For that reason, he will like to continue to

serve, if it decided upon by the Council.



Mr. Oropeza indicated that since the amendment was going to be on the Clerk

of Council?s Agenda requesting the change to indicate a request of one taxicab

owners, and one member at - large, he then recommended changing the

amendment to state Taxicab Company owner.



But at this point, Lt. Ross advised the members that the only function to go

before the Council next week is to announce that the position will be open.

He then advised the members to allow the council to make the decision without

the commission changing the ordinance. He said if they can make the decision,

this if fine, then as we progress with the formalizing of the ordinance change,

then we can do it all at once.









There being no further business to discuss, Mr. Golden moved that the meeting

be adjourned. Seconded by Mr. Oropeza and carried unanimously by those members

present at 4:25 p.m.







Gloria Carey

Recording Secretary