The City vs the Cab Drivers: Now!

How rapidly the past becomes the future. Yesterday morning I wrote a post about a bleak moment in our recent past and today I find that it could become tomorrow's reality. The SFMTA has a new proposal.

It appears that Director Malcom Heinicke has convinced his colleagues that he is an expert on the taxicab business and they have taken in his gab hook, line and sinker.

Certainly, I doubt that anyone else on the MTA Board is cold enough to come up with a scheme like this.

Philosophically, the plan holds that public needs are more important those of any individual - especially if said individual drives a taxi. ("The city needs money, driver, and we volunteer YOU to foot the bill.") If enacted, the proposed legislation (on rough calculation) would result in the transfer of $100 million to $200 million from taxicab drivers to the SFMTA over a period of time - maybe more ... probably more.

I haven't gone through the specifics yet but in general the Medallion Reform Proposal would:

• Increase the transfer fee to the MTA from the sale of a taxi from 15% to 30% while increasing the price to $300,000.
• Allow Pre-K medallion holders to sell ... er ... I guess the world is "surrender" (as if the drivers had stolen the medallions when, of course, it's the MTA that wants something for nothing). Anyway, the "holders" can "surrender" their medallions to the MTA for $150,000 as opposed to selling them for $200,000 as they could have under the Pilot Plan.
• Force Post-K medallion holders to "surrender" their medallions to MTA for $150,000 instead of selling them for $200,000 as they could have under the Pilot Plan.
• Allow the MTA to turn around and sell the same medallions for which they had just paid $150,000 - for $300,000.
• Leave the drivers on the Waiting List who have worked the job hard and served the public well for fifteen or twenty years, who have followed all the rules and were promised a medallion if they did so, who have chosen to drive cabs instead of doing other jobs or following other careers,  hundreds of whom are over sixty waiting for - NOTHING.

Maybe this should be re-named Medallion Deform.

There will be two Town Hall Meeting to discuss the particulars of this moral and political abortion on: 

Tuesday, August 7 at #1 South Van Ness, 2nd floor Atrium from 1:30pm - 4:30pm  & 5 pm - 8pm.

The following items will be on the agenda for the August 21, 2012 SFMTA Board Meeting, meaning that nothing we say at the Town Hall meeting is expected to have any effect. Talk about transparency, huh!

MedallionReformCalendarItemfor08212012_000(1).pdf 24K   View   Download

MedallionReformLegislationfor08212012.pdf 72K   View   Download  To Brad Newsham, Sorry, Brad, if I said anything unkind.

Single Operator Permits Hit the Streets

Dave Schneider, who is the thirteenth driver to be issued a Single Operator Permit (SOP), stands next to his taxi.

Schneider has driven cab for over thirty years in San Francisco but never put his name on the Waiting List. He sees these permits as correcting an injustice in the original Prop-K legislation. (For more of his thoughts on the subject see the end of the post.)

Dave seemed so excited that he reminded me of a fifteen year old who had just bought his first car and was trying to be cool. He says that he intends to drive Saturday, Sunday and Tuesday nights so that the other drivers of the cab will have some decent shifts. It's the first time in his career that he's had the choice to work when he wants.

The Evolution of an Idea into Reality.

The idea of "Peak Time" taxis has been around for at least as long as Schneider's been driving. It was given new life by driver and blogger John Han who first proposed "Single Operator Permits" during a Town Hall meeting a few years ago. Deputy Director Chris Hayashi liked the idea and ran with it. Why? It offered a solution to the eternal San Francisco problem of too much business at certain times and too little at others.

Han, Hayashi and others at the meetings originally proposed that the SOPs should be owned like an affiliate by a single driver who would be allowed to work a maximum of 60 hours per week. There would be no designation of what hours the driver should choose but it was assumed that he or she would naturally self-select to work busy times like Friday and Saturday Nights or conventions and avoid the slow times.

During the Town Hall meetings in the spring of 2011, the concept was modified. Hayashi thought that SOPs would be a good way to reward drivers like Dave who had not put their names on the List but nonetheless had driven cabs for 20 or 30 years. It was pointed out that older drivers might not want to put in 60 hours a week so the possibility of a second driver to share the cab was added.

The SOP's happened to mirror a longtime plan of SFMTA Director Malcom Heinicke for "Peak Time" taxis. The main difference was that Heinicke wanted the cabs to be driven at fixed times. There was some back and forth between the Director and the people at the Town Hall meetings. The argument that peak times actually fluctuated and changed with conventions, sporting events and so forth carried the day and 50 "Single Operator Permits" were approved by the SFMTA last summer.

The Current Plan: A Different Kettle of Fish.


The SOP's have morphed into a very different program.

1. They now have a single permit holder and will be run as gates&gas instead of affiliates.
2. The vehicles will be run for 90 hours instead of 60.
3. The vehicles will be bought and owned by color schemes.
4. The color scheme must be able to produce electronic trip data.
5. The color scheme will fill the shifts that the permit holder doesn't drive.
6. All conditions that apply to a regular medallion will apply to these permits.
1. The permit holder must drive 800 hours per year.
7. The permits are for a term of three years with an option to renew for three years. 
1. The permit holder and the SFMTA both have the right to reject renewal.
2. If the permit isn't being used properly, the MTA can terminate at any time.

What Happened?

I interviewed MTA Investigator Mike Harris who is running the program. He said the changes were made because:

1. None of the older drivers wanted to buy the cars themselves.
2. None wanted to work as affiliates or choose their own drivers.
3. The hours expanded from 60 to 90 hours because the cab companies complained that they couldn't make a profit at 60 hours.

When I pointed out that this defeated the purpose of the SOPs, Harris disagreed. He said that most of the old school drivers didn't want to drive at peak hours. They wanted to drive Sundays, Mondays or Tuesdays and leave the busy hours (along with the drunks) to younger drivers.

One Beauty of the Taxi Business ...

... is that if you do something for one group of people everyone else complains.

1. Company owners and managers don't like the SOPs because they think that they won't be profitable enough.

At Green Cab, Treasurer Joe Mirabile said that he didn't know how they were going to make money off the SOPs. On  the other hand, Green didn't have to buy new cars for the first two permits that they put out because the company recently lost a couple of medallions. All they had to do was invest in a new paint job.

Desoto Cab owner Hansu Kim said that the SOPs would make little or no profit.

"They should either have put them out with one driver/owner for the 60 hours or just given the older drivers regular medallions," he added.

However, he also said that he would pay $1,000 a month to any Single Operator Permit holder who ran the taxi through Desoto.

2. Non-medallion driver and TAC member Tone Lee, who had strongly supported the original plan of one or two drivers and 60 hours, is very upset by the expansion to 90 hours.

I ran into him at the Mariott Marquis on Thursday and he talked about how slow it was on a night that was supposed to be busy and predicted that the SOPs would have devastating effect on the Monday night business. He also thought that it was unfair to give out the permits by A-card seniority rather than to people on the Waiting List and he feared that the permits would eventually be turned into full time medallions.

Of course Tone has a right to his opinions but I think he's wrong on one of his complaints.

He said the MTA was giving the permits to former medallion holders who had already sold their medallions.

I put the subject to Mike Harris who said that two former medallion holders had applied but he turned them down. He added that allowing former medallion holders to get permits, "was not the plan and is not the plan."

He said that anybody who knew the name of a former medallion holder who was given a SOP should contact him at (415) 701-5493.

If you don't feel comfortable talking to Mr. Harris, you can send the name to me and I'll pass it on.

Lee is organizing a protest for the MTA on Tuesday July 17th at 1 PM. Refreshingly, he's asking the drivers NOT to drive around City Hall and NOT honk horns. He just wanted drivers who are upset by the SOPs to show up and speak.

If you're in favor of the SOPs, you should also show up and say your piece.

My Take

I have mixed feelings. Like Mr. Lee I liked the original plan - especially the 60 hour limit. But, I also like the idea of rewarding older drivers who have driven for years but aren't eligible for an earned medallion. Besides, 90 hours is 50 or 60 hours less than cabs are ordinarily driven. This means that drivers stuck with the really bad hours are unlikely to see much new competition.

I sympathize with the drivers who didn't sign up on the List because the only reason that I put my name on it was that I was living with a woman who used to greet me every morning by bitching,

"Did you put your name that list yet?... No! ... Boy are you stupid!"

I finally caved just to shut her up. If I hadn't had the good/bad luck to be hooked up with this Harpie, I'd be in the same situation as Mr. Schneider. I'm happy that these guys are finally getting a little something after all the the contributions they've made to the business.

As for the people on the List ... well, unless the MTA screws them (not a possibility to be discounted) in the final plan, they should be able to either earn their medallions or buy them.

I don't like the expansion of the hours but I think that fifty cabs added on Monday or Tuesday peak times aren't a real problem. Increasing the fleet by 3% isn't going to break anybody's bank.

The real reason that it was slow on Thursday (and almost every other day) are the hundreds of illegal limos and taxis either racing us down the streets or bribing doorman so they can steal our fares. My number one priority is to encourage the City and the MTA to stomp on them - while our medallions still have some value.

In the meantime, congratulations to Dave and the others.

Dave Schneider	10:45 AM (19 minutes ago)
to Dave

I'm appreciative to the SFMTA and also to Chris Hayashi who I heard was one of the prime architects of the single operator medallion.  It seems to me it CORRECTS AN INJUSTICE IN THE ORIGINAL DRAFTING OF PROP K by then Supervisor Kopp. The way Kopp wrote it and, as amended  by Daly Ma and subsequent legislation,  DID NOT CREATE A TRUE SWEAT EQUITY BASED CRITERIA for medallion qualification - you had to sign up in addition to doing the work.     But many worker drivers didn't sign up for whatever reason and, while there may be some truth in "you snooze, you lose," still they did THE REAL WORK carrying thousands of passengers, driving lots of hours, shifts and miles.     They did the work by the seat of their pants.    Now with the single operator medallion, there's a chance the working poor might be able to move into at least the lower middle class and even pay off a few bills in what remaining time remains for these often elderly and impoverished drivers for whom the so called American dream has been, more often than not, a real social and economic nightmare.    In one San Francisco appellate court decision awarding cab drivers workers' compensation, the court compared cab drivers to sharecroppers working in the fields.    Today the taxi worker struggle in many fields continue and the the single operator medallion is one drop of welcome rain in the parched taxi driver fields.  Not only single operators, but all drivers should have fair working conditions, real wages and benefits beyond "independent contractor" poorhouse status. Dave S.

Tariq: Or, "It's True If I Say It's True."

There were 170 hours of Town Hall Meetings leading up to the creation of the Pilot Plan in April 2009.


Tariq Mehmood showed up at around the 160th hour, after the plan was more or less in place. Claiming that 90% of the drivers were behind him, Mehmood declared that the taxis should all be sold at auctions. 


This was similar to they way he behaved at the airport meetings in December 2010 where the record shows that he said,


"Each driver of the taxis industry knows me personally... 6,000 drivers are known to me but they cut me out.  I had to push myself into it.  As regard to the people, the 6,000 drivers, 18,000 family members has come to you to beg you."  

Tariq rarely mentions the merits of an idea. In fact, he appears to be incapable of arguing rationally. Instead, he takes a position then claims that he has 90% of the drivers or 6,000 or 18,000 people behind him. He once told me that my thoughts didn't matter because I only spoke for myself.

Mostly what he did in 2010 at SFO and at the 2009 Town Hall meetings was try to take over and gum up the works.

Selling medallions at auctions was a position that had already been discussed and dismissed before Tariq showed up at the Town Hall meetings because it would penalize both drivers on the waiting list and those with A-card seniority. 

He gave two memorable speeches at the Town Halls.

In the first, he said that he was fighting, not for himself, but for other drivers. He, Tariq Mehmood, didn't even want to be a medallion owner and had never put his name on the list.

In the second, he took credit for the medallion sales pilot program and praised Deputy Director Christiane Hayashi for her role in helping negotiating it.

At the last Town Hall meeting, Hayashi informed us that she had closed the Waiting List in order to preserve A-Card seniority for the purpose of future medallion distribution, which is a key element of the Pilot Program.

Mahmood started screaming at her that she shouldn't have closed the list without warning him. He hasn't stopped shouting at her since.

He was not arguing that she shouldn't have closed the list at all, mind you, only that she shouldn't have closed it before Tariq Mehmood - the man who'd claimed a week ealier that he didn't want to own a medallion - had had a chance to put his own name on that list so he could buy a medallion.

Flexible Reality.

The "truth" for Mehmood appears to be whatever he says it is at any particular moment. 


This truth was borne home to me at the August 8, 2011 TAC meeting that resulted in recommendations to curb illegal brokering that were passed by the Council by a vote of 14 to 1.  


Contrary to everyone else who spoke at the meeting, Tariq declared that brokering was a minor problem and shouldn't even be discussed.


My inside sources tell me that the practice includes from 200 to 500 cabs and involves millions of dollars a year.


Why would Tariq Mehmood, who lives in the milieu where the brokering takes place, deny that it exists?


A Man Who Lives to Hate.

"Tariq reminds me of the character in (James) Joyce who lives just to hate," a driver who'd known Mehmood for years told me.


The quote seems apt.


Hayashi isn't the first person that Tariq has trashed. Instead of arguing a position, he makes personal attacks on anybody who disagrees with him. At various times, this has included Mark Gruberg, Brad Newsham, Christopher Fulkerson, members of the Airport Commission, Sonali Bose and Tone Lee.


Mehmood and his disciples have sent dozens of attack e-mails my way. The one below is my favorite. It was supposed to have been sent by one of his goons but he can't hide his unique style from me.


"Bullshit and lies. That's what you are doing. Are you defending your girlfriend. Wait till she get fired. The die is casted. Murai did not defend her. I found Tariq the most powerful and great leader this industry has ever seen."


Mehmood, of course, has made a special project out of hating Deputy Director Hayashi and has spent over a year and a half going around trying to get her fired. At this point he probably can't even stop. He's boasted so often that he'd be able to get rid of her that he'd lose face with his followers if he failed to do so.


The 2011 Town Hall Meetings.


His animosity reached its height during the these meetings when he showed up at every one of the three two-a-day sessions to harass and verbally attack Deputy Director Hayashi for long periods of time.


The Town Hall meetings are intended to be democratic with people being able to speak without time limits as long as they are reasonable and stay on the subject.


Tariq Mehmood, who has accused other people of being communists, actually borrowed an old trick that communists used to take over unions in the 1930's. He undermined the democratic process by bringing an entourage of 6 to 12 people with him for every meeting. Thus, he had a built in majority for almost every vote and, even when he didn't, he claimed he did. In one case, he went out into the atrium next door with 9 of his disciples and returned to claim that all 7,000 drivers were behind him. 

Mehmood rarely stayed on point, constantly interrupted other drivers, monopolized the floor, repeated himself ad nauseam, and, incredibly, complained that he was not being given a fair chance to speak. His preposterous behavior would have been entertaining if he wasn't so vicious.


When he sat down, one of his disciples would usually take over to either express the same viewpoints or harass the Deputy Director. His acolytes repeatedly told Hayashi that if she did what Tariq wanted they would make her popular and successful among all the people of San Francisco, but, if she went against the great Mehmood's wishes, she would suffer the consequences of his wrath. 


Hayashi responded saying, "it's not my job to be popular."


In the end, the only thing that drivers not in Tariq's entourage agreed with Mehmood on was that they didn't like back-seat terminals. His insistence that the meter should be increased 40% was thought ridiculous and most drivers liked Hayashi's compromise plan on electronic waybills that would allow the MTA to gather statistical information without taking individual driver information.


Medallion Financial Of New York

Mehmood has repeatedly attacked Hayashi for conspiring with Hansu Kim of Desoto cab and Rebecca Lytle of the San Francisco Federal Credit Union (SFFCU), to cheat San Francisco cab drivers by keeping a loan company "so big it's on the Stock Market" out of The City. These  verbal assaults included a 40 minute diatribe carefully transcribed by Julie Rosenberg (photo) of the MTA during the Town Hall meetings.


Talk about Doublethink! 


Setting up driver loans though SFFCU is actually one of Hayashi's finer accomplishments and the terms the drivers are getting are far better than many people expected when the Pilot Plan was drawn up. 


Tariq's "Evidence" for a Conspiracy.


Hansu Kim introduced Christiane Hayashi to Rebecca Lytle.


That's it, folks! That's the alleged evidence. That's all there is. Nada mas.


In short, Mehmood's accusations are pure slander.


Some Facts.


A taxi cab medallion hadn't been sold in San Francisco for over 30 years when the Pilot Plan was put together and many people, including Mark Gruberg of the UTW, thought that nobody would loan money to a cab driver.


Deputy Director Hayashi had trouble finding anyone willing to risk money on such a loan. At one point, she invited more than 35 banks and credit unions to a meeting to discuss medallion loans and only four loan officers showed up. Three of them left before Hayashi's presentation was over and the other guy never came back. 


Even the San Francisco Federal Credit Union originally declined to participate because this was an untested loan program.


San Francisco Federal and Montauk Credit Unions.


Some time after the above meeting, Hayashi was contacted by the Montauk Credit Union of New York (which has a lot of experience making loans to cab drivers) to get the ball rolling. Then,  Rebecca Lytle became Vice President of Lending at the SF Federal Credit union and became interested in the Pilot Program. Lytle worked with the Montauk Credit Union and convinced her superiors at her  uredit union to rethink their opposition to medallion loans.


The result is the Pilot Plan Sales Program that is tailored to San Francisco's unique situation.


Two things that both Hayashi and the drivers who helped draft the Pilot Plan insisted on were: (1) there be no prepayment or other hidden fees and (2) that the loan payments be no larger than the monthly amount that a taxi company pays a "gates & gas" medallion holder. 


Both of these conditions have been met by Montauk and SFFCU. The program has been going on for a little over a year and about 150 cab drivers have received loans. So far, no cab driver has been turned down for a loan nor has anyone defaulted on a loan. In fact, no driver has even missed a payment.


Ms. Lytle says, 


"We’ve moved our rates down twice now because of movement downward in the interest rate markets and because we’ve gained a little more knowledge about the borrowers ..." 


For a look at the San Francisco Federal Credit Union's current rates click here.


So, are San Francisco's taxi drivers being cheated by Christiane, Rebecca and Hansu?


What Rates?

A good way to answer that question might be to compare SFFCU's rates with the rates of Tariq Mehmood's favorite loan company.


The problem is that - unlike SFFCU or Bank of America or Chase or Wells Fargo or any other bank or credit union that I checked -  Medallion Financial does not publish its loan rates.


Why? It's one those questions that would seem to answer itself. If their rates were lower than the competition they'd certainly want you to know about it, wouldn't they?


And, they also hit their taxi customers with prepayment penalties. This means that, if drivers tries to pay off their loans early, Medallion Financial charges them penalties equaling three months of payments for every prepayment. Grotesque but apparently true. There are stories of cab drivers who've paid on their loans for years only to discover that they owed Medallion Financial more money than they had borrowed in the first place.


And, Tariq Mehmood has accused Deputy Director Christiane Hayashi of not letting this company do business in San Francisco. Can you imagine that?


But, like so much that Mehmood says, it's simply not true. 


The Deputy Director will allow any loan company that meets her criteria to do business here. Medallion Financial did inquire about making taxi medallion loans locally and Hayashi sent them her guidelines (i.e. No prepayment penalties or other hidden fees, payments be no larger than the monthly amount that a taxi company pays a "gates & gas" medallion holder.) 


Medallion Financial never got back to her.


So Why Does Tariq Mehmood Keep Trying to Bring Medallion Financial into San Francisco?


Is that another question that answers itself?


A driver who had aligned herself with Mehmood during the first few summer protests changed her mind after watching Tariq spend 3 or 4 hours a night at the airport trying to sell drivers on Medallion Financial. 

"He'd tell them not to worry about the prepayment penalties because nobody paid off their loans early," she said. 

Tariq Mehmood, the self-proclaimed "powerful and great leader of the taxicab drivers," has repeatedly declared that he has no connection with Medallion Financial of New York.

Tariq - Or Actions Speak Louder Than Words.

Note the irony. Tariq Mehmood, who proclaims himself to be the "powerful and great leader of the drivers" siding with Yellow Cab in trying to remove Deputy Director Christiane Hayashi.


Of course Yellow, Luxor, Town and Checker, not the drivers, would be the major winners of a successful Hayashi coupé.


There are several reasons for this.

• These cab companies coerce their drivers to tip and Hayashi has made this practice a $5,000 misdemeanor. She recently started busting limos. Enforced tipping and other illegal company activities are also on her hit list.
• The recent meter increase did not include a gate increase. The companies, especially Luxor, blame Hayashi who drafted the legislation.
• Hayashi helped create and has promoted Open Taxi Access (OTA) which Luxor and Yellow hate.
• Yellow and Luxor want 500 taxis to go to them - now. Hayashi doesn't want to put cabs out without public hearings.
• John Lazar of Luxor wants himself and his two sons to be given medallions without following the rules. Hayashi thinks medallions should only be given to working cab drivers.

I could go on and on but the bottom line is that Yellow and Luxor are used to running the taxicab industry through backdoor politics and Hayashi has created a culture of transparency through her Town Hall Meetings. For the first time, medallion holders and regular taxi drivers (not just the owners) have a say in how their business works.


So, why is Tariq Mehmood, "the driver's advocate," lining himself up with guys like these?

Well, fact is - he's done it before. Awhile back, when Yellow Cab was trying to force their drivers to pay $2,000 or $3,000 in gates a month in advance, Tariq attacked the UTW which was fighting to stop the pre-payments. Mehmood later backed legislation at the Board of Supervisors raising gates and ratifying gate overcharges. This did Yellow a tremendous service.

Why he did this? I can't say.

SFMTA Board Okays Meter Increase and 87 New Taxis

The threatened honkathon was a non-event yesterday.


Tariq Mehmood claimed that he called off his taxi strike to give the SFMTA to make changes he liked. But, I think he was really reading the same tea leaves I was. I had lunch in the plaza across from City Hall at 12:30 P.M and, in the half hour I sat eating, only 3 cabs came by looking for a protest.


But on to the business that was.


1. The Meter Increase


The topic for a vote by the SFMTA Board was actually whether or not to increase the flag drop by 40 cents to $3.50. The MTA had already okayed a meter increase of 10 cents for every 1/5th of a mile and 10 cents per minute of waiting time.


The measure was a slam dunk. Not only did the board pass it with a unanimous voice vote but hardly anyone spoke against it. A few people expressed fears that the raise would lose business and others asked for cost of living reviews every couple of years but that was it.


The raise of both the meter and the drop will equal about a 24% increase in the cost of a fare.


2. The second vote was on whether not to put out 50 new Single Operator part-time medallion permits, 25 new medallions to drivers on the List, 2 temporary electric vehicles and to sell 10 new medallions to drivers on the list.


The measure passed 6 to 1, but the ideas of the MTA selling medallions and leasing the  Single Operator Permits proved controversial.


Mark Gruberg  and Barry Korengold both attacked the idea of the SFMTA setting a precedent by selling medallions saying that the organization had a conflict of interest. Possibly - but neither of these speakers addressed the fact that the 10 new medallion would be part of the 60 medallions that the Pilot Plan allows the MTA sell - more than 20 of which have already been sold.


 The 50 Single Operator Permits, on the other, took a lot of flak.

• Rebecca Lytle of the San Francisco Federal Credit Union and Desoto Cab owner Hansu Kim both experssed fears that allowing the MTA to lease taxis would undermine the value of taxicabs as well as lead to a future takeover of the taxicab business by the MTA.
• Desoto manager Athan Rebelos thought that the idea of the permits was not sound from a business standpoint. 
• Medallion holder Christopher Fulkerson expressed fears that the drivers of these vehicles would lose money.

The most entertaining objections, however, were put forth by John Lazar  of Luxor Cab and Jim Gillespie of Yellow Cab. 

First, they tried to delay the measure by claiming a legal technicality that the MTA's attorney noted but thought unimportant.

Then, the owners claimed that they hadn't had time to study the plan for Single Operators and said that the permits should not be put out without PC and N hearings. Gillespie also claimed that the subject hadn't been discussed at Town Hall or TAC meetings.

Tara Housman, John Han and I all pointed out that the measure had been debated at several Town Hall meetings in addition to being debated, voted on and passed by the Taxi Advisory Council, of which Gillespie is a member.

The idea of Lazar and Gillespie asking for PC and N hearing is comic. This dynamic duo has spent much of the last year knocking on back-doors trying to get 500 cabs put on the street WITHOUT PC and N hearings.

President Nolan of the MTA Board said that both PC and N hearing and cost of living meter increases should be done on a regular basis.

John Han (photo) was praised by members of the board for his efforts to make the Single Operator Permits a reality.

Review of the Protests: Successes

Friday, July 8, 2011

As entertaining as I found the recent protests, I'm a believer in real politics. Fun is fun but was anything accomplished?

If the purpose of the protests was to give drivers a chance to vent about injustice and create a feeling of empowerment, the demonstations were a resounding success.

If the purpose was to bring the SFMTA to a bargaining table, they were also successful.

If the purpose was to change certain working conditions, they were successful in some ways, not so successful in others. For this post, I want to look at the successes.

Tuesday, July 12, 2011

I actually started this post last week but got sidetracked. I forget to take it off the blog and I've already got comments from people who apparently think that I don't see any successes. Not True. Sorry.

Town Hall Meetings

The most successful aspects of the tumult were the Town Hall Meetings themselves which gave drivers a chance to give their opinions on credit card charges, back-seat terminals, electronic waybills, etc.

It could be said (and was) that Taxi Services should have held these meetings before legislating major operational changes but such criticism is a little unfair. The subjects were discussed at a couple of TAC meetings and there was at least one previous Town Hall Meeting concerning various PIM choices and credit card fee options but almost nobody showed up.

This is typical. In addition to the other meetings, Taxi Services also recently held a Town Hall Meeting concerning the future of the Pilot Plan (potentially much more important than anything currently being discussed by protesters and there were only ten or twelve drivers in attendance). In this town, most cab drivers don't pay attention to taxi politics unless they're traumatized.

But I digress ... every protest (and the ensuing meetings) did stimulate at least one positive result for the drivers.

Protesta Número Uno

The major proposal that came out of the first series of Town Hall Meetings was a meter increase that should work out to around 22%. This was already in the works but there is no doubt that protests speeded up the process - possibly by several months.

Many in the taxi industry (including myself) have said that NO GATE INCREASE should accompany the rise on the meter. The Taxi companies have already been given a quid pro quo by the passing on credit card fees to the drivers.

If you do the math (assuming that half of a driver's rides are credit cards) this means that cab drivers should be getting a 19% or 20% raise - even if they are charged a 5% fee on credit cards.

Protesta Número Dos

As you may recall, some companies, supervisors and others were pushing to put as many 500 taxis on the street while these Town Hall Meetings took place. Coming up with a compromise plan was one of three proposals that come out of the discussions and the following TAC meeting

1. 25 Single Operator Permits, 2 Electric Vehicles should be added to the taxi fleet and 25 Medallions should be given to drivers on the Waiting List. This has since been magically changed by the SFMTA to 50 Single Operator Permits, 2 EV's, 25 to the List and 10 medallions to be sold by the MTA.
2. There was a major compromise on Electronic Waybills proposed by Hayashi.
3. A recommendation that the MTA Board reconsider Open Taxi Access.

Protesta Número Tres

The great time out protest - which was planned at least three weeks before it took place - lead to exactly one accomplishment.

1. SFMTA Board President Tom Nolan asked Hayashi to see if the credit card fees could be lowered to 3%. 

He also said that it was time for the Board to take another look at Open Taxi Access but that was the result of the previous TAC.

That's it kids!

Next: Not so positives.

TAC Proposes: 25 Single Operator, 25 to the List, Restart OTA

On Monday, June 13, 2011 the Taxi Advisory Council held its most productive meeting so far.

It started with the introduction a new councilor, Timothy Lapp (Photo front), who replaces Jim Gillespie as the Yellow Cab delegate. Tim and I started driving taxi on the same day almost 28 years ago. I know him as a creative person who has travelled widely in Europe and Asia with a definite mind of his own. I'm sure that he'll make great contributions to the council when he's not parroting his firm's propaganda - maybe even when he is.

Then, a ghost proposal popped up. At the Town Hall meetings (of which TAC was supposed to be an extension) Peak Time Permits had been given the thumbs down and left for dead by everyone. Yet, there they were back on the agenda under the new name of "Part Time Company Permits." They certainly couldn't be peak time because they could be operated up to 80 hours a week.

Veteran MTA watchers recognized this as the handiwork of Director Malcom Heinicke. Heinicke has occasionally spoken about "transparency" but appears to have only the vaguest idea of what the word means. For the director's elucidation allow me to include a few definitions from Wikipedia:


Transparency, as used in the humanities and in a social context more generally, implies openness, communication, and accountability. It is a metaphorical extension of the meaning a "transparent" object is one that can be seen through. Transparent procedures include open meetings ....


In politics, transparency is introduced as a means of holding public officials accountable and fighting corruption. When government meetings are open to the press and the public ... when laws, rules and decisions are open to discussion, they are seen as transparent and there is less opportunity for the authorities to abuse the system in their own interest.


In short, what's the point of putting us through 3 days of Town Hall meetings and then going back door to whimsically change what the drivers had decided upon? Did the director think we wouldn't notice?

Heinicke is in danger of turning all these meetings into the farce that Brad Newsham, Tariq Mehmood and others claim they are.

Whatever - the TAC didn't like the Heinicke Corporate Cabs any better than drivers liked Peak Time Permits at the Town Hall Meetings. Thumbs down once again!

Under the firm direction of Chair Chris Sweiss, the Taxi Advisory Council voted for:

• 25 Single Operator Permits.
• 2 Electric Vehicle (EV) permits.
• 25 Medallions to the top of the Waiting List.

The council also decided to urge the MTA Board to work out various ways to improve service before arbitrarily adding cabs to the fleet

TAC then voted to advise the Board to re-issue a Request For Proposal (RFP) for Open Taxi Access (OTA). This would invite bidding from tech companies to build the Open Taxi Access Platform. This would be the first step to making OTA a reality.

TAC also voted to encourage all companies to take dispatched calls.

Speaking of Tariq Mehmood (And how can one not?) ... he showed up at TAC to tell everyone that he was going on strike because, at the last Town Hall meeting, he took 9 of his friends into another room where they agreed that the Single Operator Permits should be operated at fixed times.

Most of the people at that meeting appeared to prefer a more flexible schedule.

But Mehmood, the self-proclaimed "powerful and great" leader, declared that he was in the majority, that 80% of the drivers were behind him and that, if the permits were not operated at fixed times, he would strike.

There you have it! Talk about motivation! A "powerful and great" man's gotta do what he's gotta do.

The rest of the drivers at the Town Hall Meetings had pretty much agreed with TAC's recommendations.

The upshot is that the drivers should get a meter increase and (quid pro quo) 25 Single Operator cabs should be put out to work at peak times, 25 more taxis should be added to the fleet and a high-tec dispatching solution should link all the taxis in the city in one big network.

Hopefully this will help both the drivers and the public.

We'll see.

The Pilot Plan: What it is. What it isn't - Unfair???

There has been so much misinformation written in the press and disinformation spread about the Taxi Town Hall Meetings that I think it's necessary to review what went on there.

There have been two main attacks leveled against the meetings: that they were unfair and that the outcome was fixed or predetermined.

The first assertion is ridiculous and the second is false.

1. Aside from the famous 175 hours of meetings, there were at least twenty presentations given and anybody who had a thought or a question was encouraged to speak. Mark Gruberg of the UTW, the main critic of the meetings, not only spoke for three or four hours all by himself but his idea for a "driver's fund" is now part of the plan. Furthermore, Director of Taxis Chris Hayashi went far beyond the normal call of duty and talked with taxi drivers at the airport, at cab lots and anywhere else she could find them.

2. I think that these meetings were supposed to be fixed. They were supposed to be the usual dog and pony shows designed to manufacture consent. Only, thanks to Hayashi, they were not.

• This is the plan that was supposed to be shoveled down our throats. It comes from Malcom Heinicke, a director of the MTA board.
• This is an outline of the Pilot Plan we developed at the Town Hall Meetings. (The final version is still being drafted.)

Those of us who took part in these meetings know how absurd these attacks against the Town Hall process are. We sat and watched the plan being drawn up from scratch on a blank slate. Chris Hayashi started out by asking the people at the meetings what they thought should go into the plan and then wrote in the suggestions.

Over a period of four months, the plan constantly changed and evolved as people debated various points or came up with a fresh ideas. The plan remains a work in progress and will be subject to change even after it is accepted by the MTA. The final version won't be drawn up until we see how the various parts of this pilot program - like the fixed-priced sale of taxis - play out in the real world.

I doubt that workers from any industry of any kind have ever been given the chance express themselves more freely, openly, thoroughly and, yes, fairly than the people at these meetings. I think that few groups of people have ever had more say in reforming the future of their business.

Currently, Hayashi is working to find the best financing possible for the drivers who might want to buy a medallion under the new plan. She's decided to hold a Town Hall Meeting for all the banks and lending institutions that are interested - on Friday, February 12th from 2pm to 5pm.

I asked her if it was okay if I attended.

"Of course," she told me, "It'll be open to the public. We don't do anything in secret around here."

Nat Ford Serves a Facial

It's official. As of Monday 9/21/2009, Taxis & Accessible Services became Administration, Taxi & Accessible Services under Director Debra Johnson.

Instead of having our own division within the MTA we are now lumped into a cat-call sub-division that looks like this:

• Equal Opportunity Contracting
• Human Resources
• Marketing and Customer Service
• Employee and Labor Relations (for MTA employees)
• Organizational Development and Training
• Taxis
• Accessible Services

Can't you just see the logic of the grouping?

Christiane Hayashi is still the head of Taxis but she's now Deputy Director who reports to Director Debra Johnson as well Executive Director Nathaniel Ford.

In practical terms, this means that Ms. Hayahsi has lost some of her freedom and power and will have to clear her actions with Debra Johnson before going ahead with them. As to whether this will effect her plans to crack down on illegal taxis and limos remains to be seen.

As to how this will effect the forthcoming Town Hall Meetings is also an open question.

One thing is certain: If Director Ford chooses to ignore the wishes of everyone in the Taxicab Business in going ahead with this change, it must be his way of telling us that:

• What we want doesn't matter.
• The Byzantine internal politics of the MTA are more important than the needs of the cab industry or the City of San Francisco.
• We are under his thumb.

Welcome to the MTA.

Chris Hayashi on Illegal Taxi's Etc

I called Director Chris Hayashi of  the MTA'S Taxis and Available Services to find out when her Town Hall Meetings would resume but she couldn't give me an answer. Her office is swamped with numerous problems such as moving personal from the Taxi Commission and re-checking the qualifications of almost every driver who ever had dealings with Officer Makaveckas. It'll be at least a few weeks before she'll be able to plan the meetings.

She did say that soon after June 19th her office will start issuing the thirty or forty medallions that have been backlogged by the Proposition A changeover to the MTA. Most of the medallions come from either the deceased or revocations and will be handed out to drivers on the list ala Proposition K. 

Hayashi's department is also gearing up for a crackdown on illegal limos and taxis. They'll start by going after the cabs which she says are, "on the front burner right now." "The "initial stages" of the operation are already in planning. This entails a a lot of administrative detail. "The best work requires the best preparation ...  the groundwork is being laid so that we know when we do hit the ground that we are effective. I don't want to just chase them (the illegal taxis) around."

These preparations sound incredibly complex and include:

• Putting the Traffic Division under the control of the MTA which "will get more responsiveness from traffic cops on MTA issues and taxis is now one of those issues."
• Coming up an enforcement plan. "The airport has one," Hayashi said, "so we're going to do our own for downtown ... we want that before we turn the police loose because ... we want to make sure that we have what we need for the district attorney to prosecute."
• "We want to talk to the District Attorney's Office first, give them a heads up that these cases are coming , let his office know how important it is to prosecute these and find out what they need in order to make sure they can prosecute effectively."
• And of course they need to identify and find the addresses of the illegal taxis.

Hayashi's team is compiling a list of illegal cab - including four that I gave her. Drivers can help in this effort by sending their photos of taxicabs that they think are illegal to:  sftaxi@sfmta.com or they can call 415.701.4400 for with other information. 

Some things you might look out for are:

• A fleet of taxis with a 333-3363 phone number pretending to be yellow cabs. If would be helpful if the MTA knew exactly how many bogus taxis are in this fleet. So if you see any of these cabs try to photograph them. 
• Any location where you see illegal taxis parked - especially if it looks like a base address.
• Try to get license numbers, vehicle numbers, color schemes, phone numbers and any thing else that might help to identify the fake cabs. It might also be useful to take down the cross streets where and the time when you saw them.
• For now, focus only on the taxis. The limos are a more complicated issue so the MTA is going after them later.

One thing drivers should avoid, however, is any kind confrontation, vigilante action or citizens arrest. I can attest to the wisdom of this.  One limo driver I photographed last year threw a punch at me and another one tried to run me off the road with his limo. While I personally found these events entertaining, I sensed that my customers didn't. As Hayahsi puts it, "avoiding fist-fights is a good thing."

She would also like all drivers to check their brakes before starting a shift. San Francisco's cable car fleet is small.

Hayashi thinks that she can get $5,000 for every illegal cab she catches. She's looking forward to this "because the city needs the money." 

Once director Hayashi has "all my stuff in order ... it'll just be a matter of going out and mopping up the floor. We'll swoop down and pick 'em off one by one."