Another MOU Draft

[Steve Adler]

Council,

Here is a revised MOU for consideration:


http://assets.austintexas.gov/austincou ... 95846.docx


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[Don Zimmerman]

Mr. Mayor,

I have several strong objections to the MOU, but this post focuses on one -- Section 3.2, "Additional Safety Features", referrencing the last sentence:
"The City may designate without limitation further or different Additional Safety Features with other TNCs not party to this MOU."

I must take "designate" as a nicer word for "mandate", because that is what city ordinances do. Ordinances do not create freedoms - they limit them. TNC businesses and Austin constituents already enjoy the possibility of many choices -- for instance, a new (or existing) TNC could begin offering fingerprint based background checks, and drivers/riders could make that option a preference with no action by the Austin Council.

So the sentence essentially says, "may mandate without limitation further or different Additional Safety Features with other TNCs not party to this MOU". We must know by now that "Additional Safety Feature" is exactly how the council majority has consistently regarding fingerprint background checks, among other mandates like fire extinguishers, redundant vehicle safety checks, "trade dress", and numerous other taxi-like requirements. While the city claims signing the MOU is "optional", not signing the MOU opens a TNC (present or future) to "mandates without limitation" to whatever city staff believes are "Additional Safety Features"; no business or constituent should consent to such unlimited mandates.

Finally, this particular "may designate without limitation" appears to violate City Charter Art IV Sec. 5, which says "An ordinance so adopted may be repealed or amended at any time after the expiration of two (2) years by favorable vote of at least three-fourths of the council." I can't accept an intepretation of this section that it means a petition-based ordinance is unchanged for two years if voters approve, but the petition-based ordinance can be changed after 15 minutes if council members approve.

Mr. Mayor, I truly admire your tenacity on the matter and the goal of reaching consensus, but at this point the constituents deserve an election.

[Steve Adler]

Attached is a redline of the MOU that has the agreement of both Lyft and Uber.

http://assets.austintexas.gov/austincou ... 212104.doc