🤔 Is David Do Still NYC TLC Chair?
David Do's official term as NYC TLC Chair expired yesterday. Does the Mayor & City Council need to conduct a re-nomination & reappointment process or does his term automatically extend?
NYC Taxi & Limousine Commission Chair David Do term officially expired yesterday, January 31, 2024
Although Do was appointed in 2022, he’s completing a previous term that’s been occupied by four previous acting TLC Chairs, originating from when current Deputy Mayor of Operations Meera Joshi was leading the TLC
It appears Do can continue to serve as acting TLC Chair, but he should ultimately be subject to a re-nomination and reappointment process
The TLC Chair is nominated by the Mayor, but must be approved by City Council
When a driver’s For-Hire Vehicle (FHV) License or TLC Drivers License expires, the very next day, without delay, the NYC Taxi & Limousine Commission (TLC), will prevent that driver from working unless they renew(ed) their license(s). These are rules.
If a FHV fails an inspection at the TLC Woodside facility, NYC drivers and fleets have to fix the vehicle, plus pay additional re-inspections fees, before their vehicle is re-activated. These are the rules.
If a driver or fleet gets a TLC summons, they must abide by the strict timelines laid out, including appearing for any Office of Administrative Trials and Hearings (OATH) hearings. If they do not abide by these timelines, there are additional penalties. These are the rules.
These are rules, some might complain, but these are the rules.
However, when the TLC Chair or a TLC Board Commissioner's term expires, it doesn’t appear the strict rules applied to TLC-licensed drivers and fleets apply. Or, perhaps, there are a different set of rules for bureaucrats and politicians in New York City - “do as I say, not as I do".
This isn’t a commentary on whether acting TLC Chair & Commissioner David Do, should or should not continue on as the leader of the world’s most prestigious for-hire vehicle regulator, it is more a comment on why different sets of rules, apply to different people.
Now, we’ve tried our best to understand whether acting TLC Chair Do’s term did:
Expire on January 31, 2024?
If Do needs the Mayor to formally re-nominate him and City Council to formally hold a reappointment hearing & vote?
The answer appears to be (1) yes and (2) no (but actually yes, if the City was being run efficiently 🤔). If we are wrong, please feel to correct our understanding.
Based on our research, there is somewhat ambiguous language (detailed later) that allows a TLC Chair or TLC Board Commissioner to continue to serve past their term expiration date. It is our opinion, that the clear intent of the law is to enforce TLC Commissioner term expiration dates and follow re-nomination and reappointment processes before a term expires. This is why the City Charter, fundamentally, has created term expiration dates, no?
For example, TLC Board Commissioner, an uncompensated position, Thomas Sorrentino formally went through a re-nomination and City Council reappointment process, albeit months after his original term expired. Mr. Sorrentino had to present himself in front of City Council, answer questions posed to him, although he had already been serving on the TLC Board for years. This is good City government process, it shows respect for the Charter, for the City Council and for a fair rules-based system.
If an uncompensated TLC Board Commissioner must go through this process, the compensated TLC Chair position undoubtedly should go through this process.
City Charter - Chapter 65
The New York City Charter “defines the organization, functions, and essential procedures and policies of our City government”. The TLC was created pursuant to Local Law 12 of 1971. Chapter 65 of section 2300 of the Charter states that there shall be a TLC, which shall have the purpose of further developing and improving the taxi and limousine service in New York City (“the City”).
Here are the relevant parts, regarding why we think acting TLC Chair David Do should be subject, but might technically not be subject, to a formal Mayor’s re-nomination and City Council reappointment hearing and vote.
“§ 2301. Membership of [the TLC] a. The commission shall consist of nine members to be appointed by the mayor with the advice and consent of the city council”
“§ 2301.3. …Each such other member shall serve until the appointment and qualification of a successor. For the purpose of fixing the expiration of terms, they [TLC Commissioners] shall be deemed to have commenced on the first day of February in the year of appointment and qualification, irrespective of the actual date of appointment and qualification. Vacancies other than by expiration of a term shall be filled for the unexpired term.”
“§ 2301.3.c. The mayor shall designate one member of the commission to act as the chairman and chief executive officer. The chairman shall have charge of the organization of its office and have authority to employ, assign and superintend the duties of such officers and employees as may be necessary to carry out the provisions of this chapter. The chairman shall devote his full time to this position and as such he shall receive compensation.”- New York City Charter, Chapter 65
The key sentence in the NYC Charter that, we believe, would allow acting TLC Chair David Do to continue to lead the regulator is “member shall serve until the appointment and qualification of a successor”. The language, at least in our interpretation, does not clearly say at term expiration date a TLC Chair or Board Commissioner loses their position, but rather until a successor is found.
We do think, the intent of the law, and fundamentally the whole point of having a term expiration date, is to prevent someone from occupying a non-elected position indefinitely. That being said, the Mayor does clearly have the power to dismiss the TLC Chair or TLC Board Commissioners at any time and can nominate someone else. Given there is a Mayoral election next year, one could assume, Mayor Adams might wait for 2025 election results, before nominating a new TLC Chair or keep the current acting TLC Chair in his administration (obviously if, he wins). All guesses, all speculation, but we wanted to follow up on our article from a few weeks ago.
Acting TLC Chair
We believe, the appropriate technical term to use is acting NYC TLC Chair & Commissioner David Do, given his term is now officially expired. We believe using the word “acting” is appropriate. It will remind the Mayor and TLC Chair that the entire TLC community of drivers, fleets and other industry participants, understand that City bureaucrats operate under a different set of rules. A world where expiration dates are optional.
To be clear, we believe it is legal & within the NYC Charter rules for acting TLC Chair & Commissioner David Do to continue to lead the NYC Taxi & Limousine Commission.
As always, let us know your thoughts in the comments section below or by emailing us at info@automarketplace.com.
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