BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING December 11, 2013

Transcription

1 MINUTES SUBJECT TO CORRECTION BY THE BURLINGTON TAXI LICENSING APPEALS PANEL. CHANGES, IF ANY, WILL BE RECORDED IN THE MINUTES OF THE NEXT MEETING OF THE TAXI LICENSING APPEALS PANEL. MEMBERS PRESENT: BURLINGTON TAXI LICENSING APPEALS PANEL BURLINGTON INTERNATIONAL AIRPORT MINUTES OF MEETING December 11, 2013 MEMBERS NOT PRESENT: Jeff Munger (Chairman) Bill Keogh (Vice Chairman) Dominic Brodeur Norm Blais Max Tracy Tom Ayres LICENSE REVIEW/APPEALS PANEL: Jeff Munger, Airport Commission Bill Keogh, Airport Commission APPROVED 12/30/13 Corporal Dominic Brodeur, Burlington Police Dept. ADMINISTRATION: Isaac Trombley, Taxi Administration Office STAFF ATTORNEY: Gregg Meyer, Assistant City Attorney OTHERS PRESENT: Appellant(s): Leo Gamache Stanley Barnes Kelly Colling, BTV Director of Operations Sheila Edwards, Airport Ambassador John Carr, Airport Ambassador Marianne Riordan, Recording Secretary 1.0 CALL TO ORDER and AGENDA The meeting was opened at 9:06 AM on December 11, Agenda Dominic Brodeur, to approve the agenda as presented. 2.0 CONSENT AGENDA 2.01 COMMUNICATION: Kelly Colling, Director of Operations, Burlington International Airport; John Carr, Airport Ambassador, Burlington International Airport; Ahmed Mohammud, Sahan Taxi re: Complaint Dominic Brodeur, to accept the consent agenda as presented, waive the reading, take action as indicated and place the communications on file. 3.0 TAXI DRIVER HEARING(S) 3.01 Leo Gamache Leo Gamache appeared on behalf of the hearing. Gregg Meyer explained the procedure to be followed and swore in individuals to give testimony. Introductions were made. Background

2 MINUTES OF MEETING December 11, 2013 PAGE 2 The record shows Leo Gamache had a taxi license in , but when he applied for renewal in 2013 he did not disclose the marijuana possession charge on his record (the charge was incurred in May 2012). Gregg Meyer noted per Vermont law possession of less than two ounces of marijuana is a civil offense (ticket) and less than one ounce is a fine (no charges). Individuals under the age of 21 are referred to the diversion program. If someone is driving under the influence then that is an offense. Jeff Munger noted Wanda Robar, Benways Taxi, submitted a letter of employment for Mr. Gamache. Ms. Robar typically does a thorough background check before hiring anyone. Testimony Leo Gamache explained he enjoys driving taxi and would like to have his license once again. Mr. Gamache said he previously was a driver for Green Cab. Mr. Gamache confirmed there is a marijuana possession charge on this record. Gregg Meyer asked Mr. Gamache if he was convicted of misdemeanor marijuana possession and if he paid a fine. Leo Gamache said he was convicted and paid a fine. Mr. Gamache said he thought he had mentioned this on his taxi license application, noting the charge occurred before he was driving taxis. Gregg Meyer asked Mr. Gamache if he drives when smoking marijuana. Mr. Gamache said he does not. Mr. Meyer asked Mr. Gamache if he had to do restitution for the possession charge. Mr. Gamache said he only had to pay a fine. Bill Keogh asked Mr. Gamache if he is employed elsewhere. Mr. Gamache said he is not. Isaac Trombley noted Mr. Gamache s application was denied on August 24, 2012 for not reporting the possession on the application. Jeff Munger noted review of Mr. Gamache s motor vehicle record shows charges that occurred a while ago. Mr. Gamache completed his testimony by stating he likes driving taxis and enjoys the work. There was no further testimony. The Panel will issue a decision in writing. Deliberation Dominic Brodeur, to grant a taxi license to Leo Gamache William Cross No one appeared on behalf of the hearing. The Panel discussed the case of William Cross noting there are no driving violations on record. The issue is behavior at the airport. Gregg Meyer advised the Panel can condition Mr. Cross

3 MINUTES OF MEETING December 11, 2013 PAGE 3 license with an immediate hearing and possible revocation if the behavior that resulted in the previous revoking of his license is repeated. Dominic Brodeur, to table the hearing for William Cross Stanley Barnes Stanley Barnes appeared on behalf of the hearing. Also present to give testimony were Kelly Colling, Sheila Edwards, and John Carr. Gregg Meyer explained the procedure to be followed and swore in individuals to give testimony. Introductions were made. Background The record shows Stanley Barnes was cited by Sheila Edwards for telling an offensive joke and wearing an offensive tee shirt to work. The joke was repeated by Mr. Barnes to airport ambassador, John Carr, who also witnessed the tee shirt worn by Mr. Barnes. Director of Airport Operations, Kelly Colling, followed the informal process to resolve the matter and have Mr. Barnes accept responsibility for his actions by apologizing, but Mr. Barnes refused and left a note saying prove it in court. Testimony by Stanley Barnes (appellant) Stanley Barnes testified that he did tell the joke and wore the tee shirt. Mr. Barnes acknowledged his actions were insensitive and that he is sorry and will try not to let it happen again. Mr. Barnes testified as follows: Bill Keogh asked for an explanation of why Mr. Barnes did what he did. Mr. Barnes said there are many issues retaliation and discrimination of age. Mr. Barnes reiterated his desire to resolve the matter now. Mr. Keogh asked what prompted Mr. Barnes to wear the tee shirt in front of people and that the Panel needs to know this information in order to act on the license. Mr. Barnes said he wore the tee shirt because he liked it and if someone could read the message on the shirt then they can speak English, and if not, then they would not know what was written on the shirt. Mr. Barnes said it is not a problem for him whether people can speak English or not, but the tee shirt is an issue of freedom of speech. Mr. Barnes said there are other issues discrimination of age. Gregg Meyer explained to the appellant that he can raise any issue and the panel will consider if it is valid. This hearing is about wearing a tee shirt despite a dress code prohibiting such clothing. The second complaint is about a joke regarding certain ethnic groups living in a house that burned. Mr. Meyer stated that Mr. Barnes needs to address at this hearing the tee shirt, joke, and violations of the regulations as a taxi driver. Stanley Barnes testified that Sheila Edwards asked him to get rid of the tee shirt and he covered up the shirt. Bill Keogh asked Mr. Barnes how long he left the tee shirt on after being told by Ms. Edwards to remove it. Mr.

4 MINUTES OF MEETING December 11, 2013 PAGE 4 Barnes said not long, but probably longer than five minutes. Mr. Barnes said he covered up the tee shirt with a jacket right away. Gregg Meyer asked if customers saw the tee shirt. Mr. Barnes said customers did not see the shirt because the incident occurred in the morning. Gregg Meyer asked Mr. Barnes what he was trying to convey with the shirt, that Mr. Barnes did not want people here who do not speak English. Mr. Barnes said the shirt is a simple statement, not that he does not want people who do not speak English to be in America, but rather that he wants people to address him in English because he is comfortable with English. Bill Keogh asked Stanley Barnes if he has ever had French Canadian customers and if he understands their directions. Mr. Barnes said he has had such customers and he does not speak French, but he tries to understand. Mr. Barnes said he uses GPS for directions. Jeff Munger asked Mr. Barnes about getting along with other drivers on the queue. Mr. Barnes said he gets along very well with all the drivers, adding many of the African Americans tend to go by themselves and they do not speak to him though he does speak to them. Mr. Barnes also noted there is a Bosnian man who speaks to him because he has something to say or asks advice. Jeff Munger asked Mr. Barnes how long he has been driving taxis. Mr. Barnes said he has been a taxi driver since Gregg Meyer listed submitted documents: o Information on civil rights (provided by Stanley Barnes) o Written complaint form by Sheila Edwards o Written complaint form by John Carr o Letter from Kelly Colling concerning two issues (tee shirt and joke) o Warning letter from Kelly Colling o Handwritten note from Stanley Barnes saying prove it in court Stanley Barnes said he did not see the written complaint by Sheila Edwards prior to the hearing, but did see the complaint from John Carr. Regarding the meeting with Kelly Colling, Mr. Barnes said he thought the meeting ended well and all was done when he left. Regarding the warning letter from Kelly Colling, Mr. Barnes said he told Ms. Colling he cannot sign the letter because he does not agree with what the letter says. Regarding the prove it in court note, Mr. Barnes said he did not say this verbally, but did send the note. Mr. Barnes said everything was done over the telephone so it would be Sheila Edwards word against his, and if John Carr heard the conversation then it could be an issue of illegal wiretap. Mr. Meyer asked Mr. Barnes if he is saying prove it in court because he is denying he told the offensive joke or wore the tee shirt. Mr. Barnes said he admitted to telling the joke and wearing the tee shirt and just wants to resolve the situation and move on.

5 MINUTES OF MEETING December 11, 2013 PAGE 5 Dominic Brodeur stated the matter could have been resolved informally with an apology. Mr. Brodeur asked what has now changed. Stanley Barnes said he did apologize to Sheila Edwards, but she pursued the issue further. Mr. Barnes said Sheila Edwards wanted a written apology, but there was a Bosnian who did a written apology and Sheila Edwards showed everyone at the airport. Mr. Barnes said he did not want the same to happen to him. Dominic Brodeur asked Mr. Barnes if he felt the tee shirt or joke were offensive. Mr. Barnes said he did not; there was no profanity, just simple English. Mr. Barnes said he feels the situation was brought on because of the conversation he had with Gene Richards regarding a complaint about Sheila Edwards. Mr. Barnes said Sheila Edwards told John Corbin that he conspired to throw her under the bus and Mr. Corbin did not even know the meeting had taken place. Mr. Barnes said he feels the complaint is retaliation for the conversation he had with Gene Richards. Testimony by Sheila Edwards (witness) Sheila Edwards, airport ambassador, testified as follows: Ms. Edwards stated on the day in question Stanley Barnes called her on the telephone and asked if she had heard what was on the news, that there was a house fire where Muslim, African American, and white families lived and the Muslim and Africa American families died, but the white family lived because they were out of the house working. Sheila Edwards said she told Stanley Barnes that she did not like the joke and had to write him up. Ms. Edwards said she saw Mr. Barnes later with the tee shirt and told him he could not wear the shirt. Ms. Edwards said Mr. Barnes took off the tee shirt in the booth and put his coat on. Sheila Edwards said she told Stanley Barnes to write a written apology that can be put in his file and to have an informal meeting with Kelly Colling. Ms. Edwards said Mr. Barnes told her he would apologize on the phone because that was how the joke was told (over the phone). Ms. Edwards said she told Mr. Barnes no more jokes or he will be written up. Gregg Meyer asked Ms. Edwards if Mr. Barnes called her while waiting in the queue. Ms. Edwards confirmed this. Mr. Meyer asked if it is normal to have those in the queue call her. Ms. Edwards said the calls are typically to request a break. Jeff Munger asked Ms. Edwards if Mr. Barnes has a history of telling racial jokes. Ms. Edwards said yes and that she has told Mr. Barnes no more because she does not like it. Bill Keogh asked Ms. Edwards how long Mr. Barnes continued to wear the tee shirt after being told to remove it. Ms. Edwards estimated an hour to an hour and a half. Ms. Edwards said she told Kelly Colling about the shirt and Ms. Colling said to tell Mr. Barnes to take the shirt off now. Bill Keogh asked if other taxi drivers tell jokes. Ms. Edwards said if they do she shuts them down. Mr. Keogh asked if Mr. Barnes told racial jokes

6 MINUTES OF MEETING December 11, 2013 PAGE 6 before this incident and if other airport ambassadors have heard the jokes. Ms. Edwards said there have been other jokes and Mr. Barnes knows she does not like them. Stanley Barnes confirmed the statement by Ms. Edwards that he told the joke is true, but Ms. Edwards did not ask if the fire was real as she stated. Mr. Barnes also stated that as soon as he was told to cover up the tee shirt he took off the shirt. Bill Keogh asked Mr. Barnes why he thinks Ms. Edwards would not tell the truth. Mr. Barnes said to make her case stronger. Mr. Barnes said Ms. Edwards told his employer that he is too old. Testimony by John Carr (witness) John Carr, airport ambassador, testified as follows: Mr. Carr stated Sheila Edwards said Stanley Barnes told an inappropriate joke and will talk to Kelly Colling. Mr. Carr said Ms. Edwards wanted an apology. Mr. Carr said he saw Mr. Barnes wearing the tee shirt while he was in the queue and Mr. Barnes told him Sheila Edwards did not like the joke he told her. Mr. Carr said Mr. Barnes repeated the joke to him. Mr. Carr said he reminded Mr. Barnes about the tee shirt and Mr. Barnes took off the shirt and then went to the contract lane. Mr. Carr said the writing on the tee shirt was Welcome to America. Now speak English. Bill Keogh asked if other drivers tell jokes that are racist. Mr. Carr said that used to be the case, but now there is a diverse group and most know racist jokes are not appropriate. Mr. Carr said the tee shirt seems to reinforce the intolerance in the joke. Bill Keogh asked Mr. Carr how long he has been an airport ambassador. Mr. Carr said about five and a half years. Mr. Keogh asked the number of taxi drivers Mr. Carr interacts with each day. Mr. Carr estimated 20 to 60 drivers. Mr. Keogh asked Mr. Carr if he has had diversity training. Mr. Carr said he has not had diversity training through his job at the airport. Stanley Barnes said Mr. Carr told him he was not sure what the joke was so Mr. Barnes retold the joke to Mr. Carr. Gregg Meyer asked Mr. Barnes if he tells other jokes. Mr. Barnes said he tells other race or ethnic jokes and tells all kinds of jokes. Mr. Barnes said at one point in time Mr. Carr told him he had a black girlfriend and Mr. Barnes said he apologized to him because he told a racist joke. Mr. Carr said the comment about the girlfriend was two years ago. Gregg Meyer asked Mr. Barnes if he had any sense that the joke was inappropriate. Mr. Barnes said he does not think the joke is appropriate now and he apologized for the joke and apologized to the person who was offended. Mr. Meyer asked Mr. Barnes if he has told racial jokes since the incident occurred. Mr. Barnes said he cannot remember and he does not think he has told any at the airport. Mr. Meyer asked Mr. Barnes if he tells

7 MINUTES OF MEETING December 11, 2013 PAGE 7 racial jokes, but not at the airport. Mr. Barnes said he tells jokes to people he thinks will accept them. Testimony by Kelly Colling (witness) Kelly Colling, Director of Operations, testified as follows: Ms. Colling said she received the complaint about Stanley Barnes telling an offensive joke and wearing an offensive tee shirt, and followed the informal process to resolve the matter. Ms. Colling said she met with Stanley Barnes and reviewed the situation. Ms. Colling said Mr. Barnes told her he said the joke over the phone and did wear the tee shirt. According to Mr. Barnes if someone can read the shirt then they can speak English so why would they be offended. Ms. Colling said Mr. Barnes gave her information on civil rights. Ms. Colling said she wrote a warning letter to Mr. Barnes and per the informal process if Mr. Barnes does not accept the letter then the matter will be forwarded to the Taxi Appeals Panel. Mr. Barnes did not accept the letter and dropped a note in her office saying prove it in court. The note was forwarded to Isaac Trombley. Stanley Barnes stated Ms. Colling s testimony pretty much is accurate though he does not remember everything. Mr. Barnes reiterated that what he said was insensitive and he apologized to the person he offended and will try to make sure the situation does not happen again. There was no further testimony and the hearing was closed at 10:16 AM. The Panel will issue a decision in writing. Deliberation Jeff Munger, to impose a three week suspension of the taxi license held by Stanley Barnes and impose the condition that any further complaints of any sort against Mr. Barnes will result in an immediate hearing before the Taxi Appeals Panel and potential revocation of his taxi license. 4.0 COMPLAINT 4.01 Customer Complaint, Linda Krogh The Panel reviewed the complaint and felt no action could be taken due to lack of specific information. Dominic Brodeur, to accept the letter of complaint and place the material on file Customer Complain, Brian Ceressy The Panel reviewed the complaint. Isaac Trombley said the taxi driver has been told he must clean his car before taking any more fares.

8 MINUTES OF MEETING December 11, 2013 PAGE 8 Action: The Panel voted unanimously on a motion by Jeff Munger, seconded by Bill Keogh, to accept the letter of complaint and place the material on file. 5.0 APPROVAL OF MINUTES 5.01 October 17, 2013 Dominic Brodeur, to approve the minutes of 10/17/13 as written. 6.0 ADJOURNMENT Jeff Munger, to adjourn the meeting. The meeting was adjourned at 10:39 AM. RScty: MERiordan

9 MINUTES OF MEETING December 11, 2013 PAGE 9 TO DO list from 12/11/13 Taxi Appeals Panel meeting: None.