City Auditor - City Recorder - Council Ordinance - 176869 Taxicab regulations PCC 16.40 & 16.40.110 amendment

EXHIBIT 1

16.40.110 Private For Hire Transportation Board of Review (Board).

A. Creation and Jurisdiction of the Board

1. The Private For Hire Transportation Board of Review is hereby created.

2. The jurisdiction of the Board shall be regulation of private for hire transportation, consisting of taxicabs, executive sedans, shuttles and specially attended transportation, within the jurisdiction of the City of Portland.

B. Composition of the Board

1. The Board shall consist of nine voting representatives, including a Chairperson. A quorum shall consist of five representatives. The Director shall be a permanent representative of the Board. The positions on the Board as provided by PCC 16.40.110.B.1.b through g shall be appointed by the Commissioner in Charge of the Bureau. The positions on the Board as provided by PCC 16.40.110.B.1.h and i shall be selected as provided by PCC 16.40.110.B.3.c. The Board shall be composed of:

a. The Director, who shall serve as the chairperson;

b. A representative from the Bureau of Transportation System Management;

c. A representative from the tourism industry;

d. A representative for persons with disabilities;

e. A representative of the riding public;

f. A representative from the Port of Portland;

g. A representative from Tri-Met;

h. A representative from permitted vehicle for hire companies;

i. A representative from permitted vehicle for hire drivers.

2. With prior approval of the Director, a representative of the Board may designate a substitute representative who shall be authorized to attend and participate in all proceedings of the Board, if the regular representative is unable to attend the Board meeting, and the regular representative has complied with the notice requirement of PCC 16.40.110.B.5.

3. Standing Committees. There shall be two permanent standing committees of the Board. There shall be one standing committee consisting of company members and one standing committee consisting of driver members.

a. Composition of Standing Committees.

(1) Company Standing Committee.

(a) The company standing committee shall consist of two general managers from each of the following segments of the permitted vehicle for hire industry for a total of eight members: taxicab, executive sedan, shuttle and specially attended transportation companies.

(b) Each vehicle for hire industry shall select company standing committee members no later than November 1, 2002, and by November 1 of every odd numbered year thereafter. The selection shall be made by consensus or election as determined by each industry.

(c) If any industry fails to select standing committee members by November 1, 2002, or for any subsequent term, the Board shall appoint members for the term for which the industries failed to select members.

(2) Driver Standing Committee.

(a) The driver standing committee shall consist of all the permitted drivers who wish to participate as members.

b. Purpose of Standing Committees. The standing committees shall bring to the Board, through representatives selected by the standing committee members as provided by PCC 16.40.110.B.3.c, issues from companies and drivers concerning permits, standards and enforcement as provided by this Chapter.

c. Selection of Company and Driver Representatives to the Board.

(1) The company standing committee shall first meet no later than December 1, 2002, and thereafter no later than December 1 of the year preceding the expiration of the term, as provided by PCC 16.40.110.B.6, of the representative from permitted vehicle for hire companies. At that meeting, the standing committee shall select the representative to the Board from those members of the standing committee present at the meeting. The selection may be made by consensus or election as determined by the standing committee.

(2) The driver standing committee shall first meet no later than December 1, 2002, and thereafter no later than December 1 of the year preceding the expiration of the term, as provided by PCC 16.40.110.B.6, of the representative from permitted vehicle for hire drivers. At that meeting, the standing committee shall select the representative to the Board from those members of the standing committee present at the meeting. The selection may be made by consensus or election as determined by the standing committee.

(3) The selected representatives shall also serve as the chairpersons of the respective standing committees.

(4) The standing committees shall meet separately.

(5) The representatives selected by the standing committees shall be reported to the Board at the December, 2002 meeting of the Board. The Board representatives selected by the standing committees shall be seated at the January, 2003 meeting of the Board. Those representatives shall serve terms as provided by PCC 16.40.110.B.6.

(6) If one or both standing committees fail to select representatives by December 1, 2002, or for any subsequent term, the Commissioner in Charge of the Bureau shall appoint a representative or representatives to fill the position for the term for which the standing committee failed to select a representative.

d. Duty of Board Representatives Selected by Standing Committees. The Board representatives, whether selected by the members of the standing committees or appointed by the Commissioner in Charge of the Bureau, shall represent the private for hire transportation industry as a whole. The selected representatives shall bring issues from all segments of the private for hire transportation industry to the Board for review. If a selected representative fails to fulfill this duty, the Board may dismiss the selected representative, and the Commissioner in Charge of the Bureau shall appoint a representative for the remainder of the dismissed representative’s term. After the completion of that term, a representative shall be selected as provided by PCC 16.40.110.B.3.c.

e. The standing committees shall adopt rules of procedure for their meetings, including without limitation, the frequency of standing committee meetings, the procedure for conduct of the meetings and the procedure for raising issues regarding permits, standards and enforcement for consideration by the Board.

f. The City shall assist the standing committees with notices, meeting rooms and other administrative requirements.

4. Board representatives shall serve without pay, except they may receive their regular salary during time spent on Board matters.

5. If any Board representative is absent from more than three regularly scheduled Board meetings during a single calendar year, without having notified the Chairperson in advance, that representative shall be dismissed and another representative shall be appointed or selected to fill the vacant position.

6. Term of Board Representatives.

a. Representatives shall serve a term of two years, except the first year when the representatives as provided by PCC 16.40.110.B.1.b, d, f, and h shall serve for less than two years to achieve the goal of staggered terms. The first term of those representatives shall expire December 31, 2003. Thereafter, the term of the representatives as provided by PCC 16.40.110.B.1.b, d, f and h shall expire in odd numbered years.

b. The first term of the representatives as provided by PCC 16.40.110.B.1.c, e, g and i shall be more than two years to achieve the goal of staggered terms. The first term of the representatives as provided by PCC 16.40.110.B.1.c, e, g and i shall expire on December 31, 2004. Thereafter, the term of those representatives shall expire in even numbered years.

7. Meetings of the Board. The Board shall meet monthly at regularly scheduled meetings. Meetings of the Board shall be noticed and conducted as provided by ORS 192.610 et seq. The Board shall establish and limit the matters to be considered at all meetings of the Board. The chairperson of the Board shall maintain order.

8. Administrative Regulations of the Board. The Board may adopt administrative regulations as necessary to carry out the purposes of this Chapter 16.40. Prior to adopting administrative regulations, the Board shall give public notice of its intent to adopt administrative regulations, provide copies of the proposed administrative regulations to persons that request them and conduct a meeting for the purpose of discussing and hearing public comment on the proposed administrative regulations. Meetings shall be noticed and conducted as provided by ORS 192.610 et seq.