City of Austin Council Message Board

This posting consists of two attachments.

FIRST.

If the Council does not adopt the Initiative Ordinance, voters in May will decide between that ordinance and whatever TNC ordinance is in place otherwise in the City. Right now, that default ordinance is the ordinance passed in December (that contains several elements and that some suggest was ambiguous about requiring fingerprinting).

The Council could adopt a default ordinance that was more like the Initiative Ordinance, but which specifically allows for the voluntary incentive or badge or Thumbs Up! program (but specifically not mandatory fingerprinting) and other safety related items. It would be those differences, then, that would form the basis for the election in May.

The first attachment is such a version of an Innovation Ordinance (showing in redline the changes made to the initiative ordinance). It is being posted for the community to discuss but does not come with a recommendation by any Council Members. Other Council Members may post other versions to add to the conversation.

Innovation Ordinance: http://assets.austintexas.gov/austincou ... 30503.docx

SECOND.

The Council could seek to achieve fingerprinted TNC drivers at scale without an election in May if it were possible to enter into an enforceable contract with Uber and Lyft that would go along and beside the adoption of the Initiative Ordinance. Such a contract or Memorandum of Understanding (MOU) would need to find middle ground that will still, for the City, provide a path to the goal.

The second attachment is a potential MOU which is under discussion now, without any party, the City, or any Council Member having made commitments.

MOU: http://assets.austintexas.gov/austincou ... 30551.docx

s

Mayor and Council

I want to thank the Mayor for his efforts to find common ground and potentially enter into a MOU with TNC companies.

However, I do not support the proposed MOU as written, in particular Paragraph 4.1, because the provision essentially negates the purpose of the Thumbs Up Program and prohibits the City from using the most significant tools for recognizing and encouraging drivers who voluntarily choose to obtain fingerprint based background checks. Preferred areas must be "either the same or separate and equal in location and hours". Also areas are assigned by "public blind draw" between fingerprinted and nonfingerprinted drivers.

The Thumbs Up Badge Program offers an innovative approach for safety in peer to peer services, with ground transportation services being the first such services under this program. While I believe that a MOU could be in the best interest of the city - that would not be the case if the agreements is counter to our public safety goal of access to fingerprinted drivers at scale in our city.

I urge Lyft and Uber to support the Badge Program as passed by the Council and developed by stakeholders. This program responds to TNC concerns and sets up a program that drivers can choose to participate in. I hope that these companies will respect their drivers and allow them to make these choices for themselves.

Sincerely

Ann Kitchen
Chair, Mobility Committee
City Council District 5

Here's the final version of the "Innovation Ordinance" -- http://assets.austintexas.gov/austincou ... 091236.doc