Independent Legal Counsel for Taxi Cab Commission

Recommendation:
That City Council approve that independent legal counsel be retained for the Edmonton Taxi Cab Commission and funded from the Edmonton Taxi Cab Commission’s budget as outlined by the Restructuring of the Edmonton Taxi Cab Commission Report.

Report Summary

This is a report recommending that the Edmonton Taxi Cab Commission retain independent legal counsel.

Previous Council/Committee Action

  • At the Community Services Committee meeting held on March 24, 1999, the Committee referred the Restructuring the Edmonton Taxi Cab Commission Report back to the Administration to consult with the Edmonton Taxi Cab Commission and members of the public about the budget requirements of the Edmonton Taxi Cab Commission.
  • One of the budget items in the report dealt with legal consultation from an outside source.

Report

  • The Law Branch acts for Edmonton City Council, Standing Committees, the Licensing Section of Edmonton Police Services, and the Edmonton Taxi Cab Commission.
  • The decision of the License Inspector is appealed to the Edmonton Taxi Cab Commission, with a further possible appeal to the Community Services Committee.
  • In the past, the decisions of the License Inspector have not involved difficult issues of law.
  • With the freeze of taxi licenses, and with the possible adoption of transferability, the taxi licenses now have a value.
  • As a result, there is litigation resulting from the Taxi License freeze and it is anticipated that more litigation may be pending as a result of transferability.

Budget / Financial Implications

  • The Edmonton Taxi Cab Commission outside legal consultation will cost approximately $20,000 annually.
  • This amount is part of the proposed budget for the Edmonton Taxi Cab Commission in the Restructuring Report.
  • The Law Branch would continue to provide legal advice to the Licensing Section and to City Council as identified in the Restructuring Report.

Legal Implications

  • The Law Branch advises City Council with respect to the Taxi Bylaw.
  • The Law Branch advises the Licensing Section with respect to interpretation of the Bylaw.
  • Hearings of the Edmonton Taxi Cab Commission are appeals of the decision of the License Inspector.
  • The Edmonton Taxi Cab Commission also requests legal opinions with respect to interpretation of the Taxi Bylaw.
  • A potential exists for an actual or perceived conflict of interest as a result of the Law Branch advising City Council, the Licensing Section of Edmonton Police Services and the Edmonton Taxi Cab Commission.
  • A separate, independent legal counsel should be arranged for the Edmonton Taxi Cab Commission.
  • A separate, independent counsel would minimize the perceived conflict of interest and maintain the integrity of the process.

Justification of Recommendation

The Law Branch believes there is an actual or perceived conflict of interest in representing both the City and the Edmonton Taxi Cab Commission .

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