Case Document 59-1 Filed 10/17/16 Page 1 of 83 Designated and Counter- Designated Portions of Transcript of Vincent Fener;y Case Document 59-1 Filed 10/17/16 Page 2 of 83 Vincent Fenerty 1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE EASTERN DISTRICT OF 3 4 CHECKER CAB CIVIL ACTION INC. ET AL., 5 Plaintiffs, 7 THE PHILADELPHIA PARKING AUTHORITY, ET AL.: NO. 8 Defendants. 9 10 11 Wednesday, September 21, 2016 12 - 13 Deposition of VINCENT FENERTY held at Fox 14 LLP, 2000 Market Street, 20th 15 Floor, Philadelphia, on the 16 above date, beginning at approximately 10:30 17 before Jane E. Kountroubis, a Registered 18 Professional Reporter and Notary PublicGolkow Technologies, Inc. Page 1 Case Document 59-1 Filed 10/17/16 Page 3 of 83 Vincent Fenerty APPEARANCES: FOX LLP BRETT A. BERMAN, ESQ. 2000 Market Street, 20th Floor Philadelphia, PA 19103 (215) 299?2000 Counsel for Plaintiffs ARCHER GREINER, P.C. BY: PATRICK J. DORAN, ESQ. One Liberty Place, 32nd Floor Philadelphia, PA 19103 (215) 665-1540 pdoran@archer1aw.com Counsel for Defendants ALSO PRESENT: MICHELLE NIV JOSEPH GABBY EVERETT ABITBOL ALEX FRIEDMAN MARK LORE Golkow Technologies, Inc. Page 2 Case Document 59-1 Filed 10/17/16 Page 4 of 83 Vincent Fenerty ChU'lnbleulWITNESS: Page VINCENT FENERTY By Mr. Berman 4 I I No. Description Page Fenerty?l Consumer Affairs Committee PA House of Representatives, 6/11/15 Testimony of Fenerty and Weldon 49 Fenerty?Z PPA TLD State Fiscal Year 2016-2017 Budget Narrative 7O Fenerty-3 Settlement Agreement and Mutual Release 156 Fenerty-4 Article 164 Fenerty-S E-mail string, 6/21/16 180 Fenerty?6 E-mail string, 5/6/16 185 Golkow Technologies, Inc. Page 3 Case Document 59-1 Filed 10/17/16 Page 5 of 83 Vincent Fenerty 1 A I think I would like to hear 2 the rules. 3 7 Okay. There's a court reporter 4 sitting to your right, so please make sure all 5 of your answers are verbal -- no uh?huhs or 6 unh?unhs; "yes" or "no" -- so the court 7 reporter has a clear record. 8 Let me finish asking my 9 question before you start answering, and I'll 10 try to do the same with respect to your 11 answers so that we also have a clear record. 12 If you need to take a break at 13 any time, just let Mr. Doran or me know, but I 14 would again ask that you wait for your answer 15 to be finished on the last pending question. 15 Are you taking any medication 17 that would affect your ability to understand 18 and/or answer questions today? 19 A No. .20 Okay. What is your role at the 21 Philadelphia Parking Authority? 22 A I'm the executive director. 23 How long have you been the 24 executive director? Golkow Technologies, Inc. Page 5 Case Document 59-1 Filed 10/17/16 Page 6 of 83 Vincent Fenerty 1 A December 29, 2005. 2 So how many years is that? 3 A Ten and a half. 4 What was your role at the 5 Parking Authority before? 6 A Deputy executive director. 7 How long were you in that role? 8 A I would say about eight years. 9 Did you work at the Parking 30 Authority before that? 11 A I have worked for the Parking 12 Authority in various jobs, all supervisory, 13 since June 13, 1983. 14 How many of your relatives work 15 at the Philadelphia Parking Authority? 16 A One, my sister?in-law. 17 What is her title? 18 A She is a secretary in the fleet 19 maintenance division. 20 What about in the last 20 21 years? 22 A I've had no other relatives on 23 the payroll. My sister-in?law was there 24 working and then she met my brother and he Golkow Technologies, Inc. Page 6 Case Document 59-1 Filed 10/17/16 Page 7 of 83 Vincent Fenerty 1 Okay. What is the authority 2 granted to you by the Board? 3 A I report to the Board of 4 Directors, specifically to the chairman, 5 Joseph Ashdale, and my authority is to run the 5 day?to?day operations of the Philadelphia 7 Parking Authority, and that in a nutshell 8 describes it. 9 So describe what it means to 10 run day?to?day operations of the Philadelphia 11 Parking Authority. 12 A The Parking Authority has many 13 different divisions. It has the division that 14 we're here about today, taxi and limo; it has 15 off?street garages, airport garages; Live 16 Stop; restoration/suspend; auctions; on?street Y7 parking, which is ticketing, towing, booting, 18 and impoundment; and the taxi and limousine 19 division. And if I have missed any, that 20 wouldn't be no fault of mine, but I don't have 21 a list of it right here. 22 Okay. Let's talk specifically 23 about the taxi and limousine division for a 24 moment. Who is in charge of the taxi and Golkow Technologies, Inc. Page 8 Case Document 59-1 Filed 10/17/16 Page 8 of 83 Vincent Fenerty limousine division? A In the taxi and limousine, the current director is Michael Casey. And the deputy executive director that he reports to is Corrine O'Connor. She reports to me. Okay. So is there anyone else involved in the decision?making at the A The management of the TLD, Schmid, Mr. McIlmail. Ms. Kirlin, Mr. They're the bosses down there, and they handle the day?to?day operations. What is Mr. McIlmail's role? A He is, I believe, the administrative manager. What does that mean? A He is in charge of the office, the staff, to see that the office is run in exactly the way they should. Any further details of something would have to be asked of Mr. Casey or Ms. O'Connor. I don't run the day-to?day operations down there, so a further explanation would have to be gotten from them. And Mr. Schmid? A Mr. Schmid runs the Golkow Technologies, Inc. Page 9 Case Document 59-1 Filed 10/17/16 Page 9 of 83 Vincent Fenerty 1 enforcement, which includes inspections and 2 the enforcement part. He reports to Mr. Casey 3 now and up through the chain of command to 4 Ms. O'Connor and then to me. 5 And for a full job description 5 of what he does, I think you would have to get 7 that from him or one of the other 8 subordinates. I don't spend an extraordinary 9 amount of time in the building to see what 10 they do. I trust their judgment. 11 And Ms. Kirlin? 12 A Ms. Kirlin, I'm not sure of her 13 exact title, but she is a manager down there. 14 How did it come to be that 15 Ms. Kirlin received a job at the Philadelphia. 16 Parking Authority? 17 A Ms. Kirlin in the beginning? 18 Do you know? 19 A I knew Ms. Kirlin from the 20 Philadelphia Traffic Court and I knew her to 21 be a very active individual who knew the TIM 22 system, which is the computer system which we 23 'use at the Parking Authority, when we were 24 gearing up our Live Stop operation, and I Golkow Technologies, Inc. Page 10 Case Document 59-1 Filed 10/17/16 Page 10 of 83 Vincent Fenerty 1 hired Ms. Kirlin from Traffic Court for her 2 experience. And she began I believe working 3 in the auction department, and we took her 4 from there and she went to I believe a clerk 5 in the auction department so she could I 6 was hiring a few people from Traffic Court who 7 knew the systems and knew how to deal with the 8 TIM system and deal with people. And then she 9 worked her way up and went to law school and 10 became in my opinion a very good lawyer. 11 Is she a lawyer now? 12 A Yes, she is. 13 What do you mean, she's a very 14 good lawyer? 15 7A From what I've seen of her and 16 her work, she's very thorough and I think 17 she's a good attorney. 18 She's also related to 19 Mr. Ashdale? 20 A She is Mr. Ashdale's niece. 21 So that had nothing to do with 22 the hiring of Ms. Kirlin? 23 A No. I knew Ms. Kirlin from 24 Traffic Court. I hired her from Traffic Golkow Technologies, Inc. Page 11 Case Document 59-1 Filed 10/17/16 Page 11 of 83 Vincent Fenerty 1 You can answer the question, 2 Mr. Fenerty. 3 THE WITNESS: Which question am 4 I answering, please? 5 BY MR. BERMAN: 6 I want to know what your 7 understanding is of revenue of taxicabs in the 8 City of Philadelphia. 9 A I understand that the revenue 10 from taxicabs has declined since the invasion 11 of the TNCs. 12 What do you mean "the invasion 13 of 14 A Since they started showing up 15 and working here illegally. 16 MR. DORAN: You have to try to 17 wait for Mr. Berman to finish his 18 question before you start answering. 19 I know in everyday life we talk over 20 each other, but it's hard for the 21 reporter. 22 MR. BERMAN: I think I did 23 finish asking my question. I said 24 describe the invasion of the TNCs, and Golkow Technologies, Inc. Page 31 Case Document 59-1 Filed 10/17/16 Page 12 of 83 Vincent Fenerty 1 he was answering. 2 BY MR. BERMAN: 3 You can continue about what you 4 meant by "invasion of 5 A When they came here in groups 6 and just opened up without being legal. 7 Describe the impact on taxicab 8 revenue as a result of the invasion of TNCs. 9 A I don't have those stats. I 10 would believe that our taxi and limo division 11 would have more on that. That would be a 12 question better suited for Ms. O'Connor or 13 Mr. Casey or Ms. Kirlin, Mr. Schmid. 14 So sitting here today as the 15 executive director of the Philadelphia Parking 15 Authority, you have no idea about revenue 17 losses caused by, in your words, invasion of 18 19 A Mr. Berman, I said that because 20 that's what I feel it was; okay? And I don't 21 see reports on exactly what the revenue impact 22 is with taxis. I have gotten reports that it 23 went down and it went down again and it went 24 down again, but I haven't reviewed those Golkow Technologies, Inc. Page 32 Case Document 59-1 Filed 10/17/16 Page 13 of 83 Vincent Fenerty reports. That's what I have competent managers for, and they report up to me. I haven't reviewed those reports; okay? I know the revenue is going down. I knew the revenue was going down last year. So what amount, I don't know; okay? There's cash fares, there's credit fares, and there's tips. I don't know what it has gone down. I came here, you asked me to tell the truth, and I'm telling you the truth, sir. So, your words, down, down, down; right? A I think it went down, yes, sir. Okay. Do you know if it's more than 20%? A I don't know for a fact and I don't really believe much that I read in newspapers, but I read in a newspaper article that someone had said in the taxi world that it was down about 40%. That was published in a paper last week, but I don't have a report from my group to substantiate it. And, again, I don't believe what I read in newspapers for the most part. Golkow Technologies, Inc. Page 33 Case Document 59-1 Filed 10/17/16 Page 14 of 83 Vincent Fenerty Have you asked anyone at the Philadelphia Parking Authority to provide you information on the loss of revenue of Philadelphia taxicabs caused by the invasion of A No, I have not. Didn't think that would be important prior to coming in today? A I didn't think it would be important prior to coming in today? Well, you didn't give me a list of subjects ready to be answered. I feel I'm as best prepared as I could be. If you had supplied my lawyer with items you wanted to discuss with me, I would have brought them for backup, sir, with all due respect. Okay. So revenue has gone down, down, down; right? A Yes. And have assessments gone up, up: UP A NO. or down, down, down? A Assessments are not being paid Golkow Technologies, Inc. Page 34 Case Document 59-1 Filed 10/17/16 Page 15 of 83 Vincent Fenerty for the most part. The assessments being sought by the Parking Authority, have they gone up since 2014 on taxicabs? A Do you mean the assessment itself go up? Has the assessment risen that the PPA is seeking against Philadelphia 9 taxicabs? 10 A Yes, sir, it is. 11 Every year since 2014? 12 A I'm not accurately sure, but I 13 believe so. 14 Okay. So revenue has gone down 15 in an amount that you're not knowledgeable of 16 and assessments have gone up; right? 17 A That's correct. 18 Okay. What steps have you as 19 the executive director taken to provide relief 20 to Philadelphia taxicabs based on a loss of 21 revenue and an increased assessment? 22 A As some of your clients know, I 23 as the executive director of the Parking 24 Authority had fought vigorously, okay, for Golkow Technologies, Inc. Page 35 Case Document 59-1 Filed 10/17/16 Page 16 of 83 Vincent Fenerty laws, okay, to constrain the actions of Uber or stop them. I went to Harrisburg multiple times explaining that there were medallions and the medallion owners were going to be hurt, I believe I had testified against that in a House committee hearing in front of Representative Godshall's committee and I tried to explain this repeatedly. I did not at any time let the medallion owners and medallion drivers out there on their own. I fought for their rights. I had them in with a meeting with Mr. Weldon, and some of your clients came, some of your clients' partners came, and advised them that I could not fight this alone, they should go hire a lobbyist to help them. I believe that Mr. Friedman, your client here, did not come in; his partner, Mr. Stern, came in, if I'm recalling. I do think you came, Everett. I don't fully remember. But I told everyone that they needed to get a lobbyist, I am the regulator, Golkow Technologies, Inc. Page 36 Case Document 59-1 Filed 10/17/16 Page 17 of 83 Vincent Fenerty can't stop this, I need help, go and get -- excuse me your asses covered and find a lobbyist, okay, because I felt it was a runaway train that was going to run away and run over the taxi and medallion owners and drivers as well as the Parking Authority. And I think your clients do know that was my opinion early on. So that was your opinion early on. When was that opinion? A From the first day they appeared here for about a year. And at some point in time your opinion changed? A My opinion changed. They were here. I was getting ran over by them. There had to be room to be made for everyone to live together. I could see what was coming and there had to be a way to bring the sides together in order to try to help the industry. I have not prevailed in that yet, sir. At any point in time, did you disclose to any of the plaintiffs in this case that you and others from the Parking Authority Golkow Technologies, Inc. Page 37 Case Document 59-1 Filed 10/17/16 Page 18 of 83 Vincent Fenerty 1 were engaged in meetings with Uber and to 2 draft legislation in Harrisburg? 3 A No. 4 Did you think that would be 5 something important to tell members of the 6 taxi industry, that you and your team were 7 engaged in a year?long process to draft 8 legislation jointly to submit to Harrisburg? 9 A Well, I don't think it was a 10 year?long process. The meetings we had that 11 you described when we were meeting with Uber 32 probably were for a period of about two 13 months. 14 Okay. Did you ever disclose 15 for that two-month period that you and your 15 staff were engaged in multi meetings and 17 telephone calls with Uber and and the 18 City of Philadelphia to draft legislation to 19 be voted on by Harrisburg? 20 A I never did personally. 21 Okay. You didn't think that 22 would be important, for anyone from the 23 Philadelphia Parking Authority to tell the 24 taxi industry what was going on in discussions Golkow Technologies, Inc. Page 38 Case Document 59-1 Filed 10/17/16 Page 19 of 83 Vincent Fenerty 1 with Uber and Lyft? 2 A We didn't do it and we didn't 3 think it was necessary. 4 Did you ever tell anyone from 5 the taxi industry that Mr. Kalanick flew into 6 Philadelphia to meet with senior members at 7 the TLD division? 8 A I don't know who Mr. Kalanick 9 is 10 The head of Uber. 11 A I'm remiss on the name, I'm 12 sorry. 13 Travis Kalanick? 14 A Oh, Travis, yes. Yes, Travis. 15 I'm sorry. If you said the first name, I 15 would know. 17 Okay. So you know Travis 13 better on a first?name basis if I didn't refer 19 to him by his last name? 20 A I never knew his last name. 21 Okay. Have you spoken 22 personally to Travis? 23 A I do believe he was in the 24 meetings, in at least one or two of the Golkow Technologies, Inc. Page 39 Case Document 59-1 Filed 10/17/16 Page 20 of 83 Vincent Fenerty meetings, yes. Okay. So I'm aware of a meeting that occurred at the TLD division when Gegen was launching in Philadelphia. Are you aware of that meeting? A I know there was a meeting. I was not at it. Okay. So that's not the meeting you're talking about that occurred with Travis? No. I believe he flew in one other time And met with whom? A -- if I'm correct. I didn't keep the roll call because I was confused; there were several different faces, several different meetings from Uber, and there was one or two gentlemen from Lyft, I actually confused them very well, and to this day I can't put faces to who they were. Travis could have been in one of those meetings. I believe Mr. Weldon kept the staff who was at the meeting. I think he was better at it than I was. Travis could have been at one of those Golkow Technologies, Inc. Page 40 Case Document 59-1 Filed 10/17/16 Page 21 of 83 Vincent Fenerty meetings, but there were representatives of Uber and at each of those meetings. they were I didn't keep notes on. You're aware that founder of Uber; correct? A No. I thought it in some other state that used to Barack Obama. You're aware that head of Uber? A I am now. Okay. So you are a meeting with A I'm not. Okay. posed to Mr. Weldon? A Yes. Who Travis is the was somebody work for Travis is the sure you had Travis or you're not? That would be better Did Mr. Weldon keep a written roll call of who was at these meetings and when these meetings occurred? A I know Mr. notes. notes. Mr. Weldon kept some I don't know what he wrote on his Weldon kept written notes Golkow Technologies, Inc. Page 41 Case Document 59-1 Filed 10/17/16 Page 22 of 83 Vincent Fenerty House of Representatives. A Could I see it, please? MR. BERMAN: We'll mark it. Let's mark this as Fenerty l. (Above-described document marked Fenerty Exhibit 1.) THE WITNESS: What page, Mr. Berman? BY MR. BERMAN: Well, let's start at the first page. Do you remember testifying before the Consumer Affairs Committee of the House of Representatives on June 11, 2015? A Yes, sir. And was that before Chairman Godshall? A Yes, sir. So that was the testimony that you mentioned briefly in your earlier testimony; correct? A Yes, sir. Okay. And if we turn to Page 4 and we look to the second paragraph well, it's the first full paragraph -- and it says: Golkow Technologies, Inc. Page 49 Case Document 59-1 Filed 10/17/16 Page 23 of 83 Vincent Fenerty 1 "Mr. Chairman, as you know, TNCs currently 2 operate in Philadelphiaday, a TNC is a vehicle that picks up a 4 customer upon request, drives that customer to 5 a desired destination and charges a fee to do 5 so. TNCs may use newer technology to arrange 7 and pay for transportation services, but the 8 service they provide is indistinguishable from 9 that which has long been provided by other 10 for?hire service providers." 11 A Yes, I said that. I recall it. 12 Okay. So you believed at least 13 on June 11, 2015, when you were testifying 14 before the House that they were 15 indistinguishable. You just listed what you 16 think are things that make them 17 distinguishable. Did your position change at 18 some point in time? 19 A My position was upgraded and 20 changed, yes, sir. 21 Okay. When was your position 22 upgraded and changed, before or after you held 23 these secret meetings with Uber and Lyft? 24 A Before. Golkow Technologies, Inc. Page 50 Case Document 59-1 Filed 10/17/16 Page 24 of 83 Vincent Fenerty after June 11, 2015, but before today; correct? A Yes, sir. Okay. Were you also aware that the Philadelphia Parking Authority was making court filings taking the identical position that you stated on June 11, 2015? A Yes, sir. And that Parking Authority is under your direct control? A Yes. There's no need to get loud, sir. I'm not getting loud. Under your direct control; right? A Yes, sir. Which means the buck stops with you? A Yes, sir. Okay. So in 2016 in fact, May of 2016 -- I'll read you the quote the Parking Authority filed a pleading in the Trinh v. PPA case at the Philadelphia Court of that said, Uber Common Pleas, and I quote, vehicle, quote, provided point-to?point taxi Golkow Technologies, Inc. Page 51 Case Document 59-1 Filed 10/17/16 Page 25 of 83 Vincent Fenerty service in the City of Philadelphia and under 53 PA C.S.A. Section 5701 a transportation service another quote hailed via the UberX phone app falls within the legislative definition of a telephone call and a hail and thus the Uber vehicle was providing call or demand taxi services. Moreover, Uber service is simply a variant of a hack taxicab." .A Yes. So the PPA was taking this position as late as May 2016; correct? .A ?Yes. You were aware that the PPA was taking those positions in court; correct? A Yes. So June of 2015 you called them May of 2016, nearly a full indistinguishable, year later, the Parking Authority is still taking the position that they're providing taxicab services, so does that help refresh your recollection when your position changed and they began providing distinguishable services? A Well, the service is Golkow Technologies, Inc. Page 52 Case Document 59-1 Filed 10/17/16 Page 26 of 83 Vincent Fenerty 1 distinguishable, but it's basically the same, 2 it's just done a different way. I've never 3 I've never taken an Uber, legal or illegal; 4 okay? I've never loaded down their app. I 5 travel in taxicabs; okay? That's how I feel 5 safer. I don't know whose taxicabs I travel 7 in, but I usually hail them around City Hall 8 in the back of my office and vice versa or at 9 night when I'm going somewhere, to a wedding 10 or something, when I don't want to drive. I 11 don't use an Uber. I use a taxi. Taxis are 12 distinguishable because of the hails, they can 13 do a hail. The average person wouldn't think 14 that. Do I believe these gentlemen provided a 15 different service than Uber? Yes. Do I 15 believe Uber provides a different service than 17 a taxi? Yes. There are distinguishable 13 variances if you align them side by sidethe page, it's the 20 same service. I firmly believe an Uber, 21 although it acts differently and it is 22 distinguishable, is acting as a taxicab. 23 That's what I believe. 24 And that belief has been formed Golkow Technologies, Inc. Page 53 Case Document 59-1 Filed 10/17/16 Page 27 of 83 Vincent Fenerty 1 A I would never have negotiated 2 anything like that. I would have hoped that 3 if the legislature was going to get something 4 out that they would have gotten something.out 5 that would have helped the industry as well as 6 made Uber legal, on some equal playing ground, 7 okay, with the industry. So this situation 8 could be solved. That's not what came out. 9 Okay. Is it your testimony 10 that the you're aware, and we'll go through 11 this in some more detail, but you're aware 12 that joint proposed legislation was submitted 13 by Uber, Lyft, the City of Philadelphia, and 14 the Philadelphia Parking Authority with 15 respect to the regulation of correct? 16 A That's correct. 17 Okay. Is it your testimony 18 that that proposed legislation leveled the 19 playing field between taxis and 20 A We don't think it was perfect, 21 but we knew there would be amendments put on 22 it that hopefully would. 23 So despite the fact that the 24 Parking Authority agreed in closed-door Golkow Technologies, Inc. Page 56 Case Document 59-1 Filed 10/17/16 Page 28 of 83 Vincent Fenerty 1 Okay. So going back to my 2 question about your testimony in Fenerty 3 about indistinguishable service, was that 4 testimony incorrect? 5 A No. 6 So you stand by that testimony? 7 A Yes. 8 And you stand by the positions 9 that the Parking Authority has taken under your watch with respect to the fact that they 11 were providing indistinguishable service and 12 that TNCs were providing taxicab and limo 13 service; correct? 14 A They were providing primarily 15 taxi service. 16 So you stand by all those 17 comments? 18 A Yes, I do. 19 But now you gave me a list, 20 which we're going to go through, about what 21 you believe the distinguishable factors are 22 between TNCs and taxis; correct? 23 A There are distinguishable items 24 that make them somewhat different in a Golkow Technologies, Inc. Page 60 Case Document 59-1 Filed 10/17/16 Page 29 of 83 Vincent Fenerty 1 category of their own and give cabs a category 2 of their own; okay? There are distinguishable 3 items. But in the bottom end two people can 4 be standing at 15th and Market, one can hail 5 a cab and the other can get a TNC on an app; 5 they're going to get the same service, they're 7 just getting it in different ways. The hail 8 is more convenient, okay, but that's a 9 distinguishable fact between what they can do. 10 Well, let's talk about the distinguishable factors that you identified. 12 Do you remember you gave me a list? 13 . A Yes, I do, sir. 14 Is there anything else you want 15 to add to that list? 16 A No. I don't remember all the 17 categories I gave, but I don't think so at 18 this time. 19 MR. BERMAN: Patrick, please, 20 with the head shakes and nods. It's 21 distracting and inappropriate. 22 MR. DORAN: Your asking 23 questions that are couched in terms of 24 testimony he gave ten minutes ago is Golkow Technologies, Inc. Page 61 Case Document 59-1 Filed 10/17/16 Page 30 of 83 Vincent Fenerty MR. DORAN: I don't care either. MR. BERMAN: But I'm asking you to stop with the head nods and rolls and faces because it's not appropriate. MR. DORAN: Okay. MR. BERMAN: Good. MR. DORAN: I'd ask you to stop 10 raising your tone to Mr. Fenerty, 11 because that's not appropriate. 12 THE WITNESS: I'll take my 13 deposition. It's my deposition. Just 14 stop. 15 MR. DORAN: Fair enough. Okay. 15 You stop, too. 17 BY MR. BERMAN: 18 You said taxis painted as taxis 19 as your first reason; right? 20 A Yes. 21 Okay. Taxis provide hail 22 service; right? 23 A Yeah. 24 Meter services that are Golkow Technologies, Inc. Page 63 Case Document 59-1 Filed 10/17/16 Page 31 of 83 Vincent Fenerty 1 certified; right? 2 A Yes. 3 Drivers that are trained? 4 A Yes. 5 That was the list I heard. So 5 now tell me any other differences you believe 7 between taxis and TNCs. 8 A The driver of a TNC owns his 9 vehicle. For the most part, a taxi owner, 10 some may own their vehicles, the majority of 11 them lease them from medallion owners. 12 Any other differences that 13 you're aware of? 14 A I'm sure there may betongue, sir. 15 Okay. For all of these 17 differences, are these differences that are 18 created by regulation implemented by the 19 Philadelphia Parking Authority? 20 A Some are. 21 Which of the ones that you have 22 identified here today are not 23 A Vehicles 24 created by regulation? Golkow Technologies, Inc. Page 64 Case Document 59-1 Filed 10/17/16 Page 32 of 83 Vincent Fenerty 1 A I believe cabs have to be 2 painted is by regulation. What was the second 3 one? 4 That taxis provide hail 5 service. 6 A I do believe by regulation a 7 taxi can provide hail service. 8 Meters that are certified? 9 A I believe that is by i 10 regulation. 11 Drivers that are trained and 12 certified? 13 A I believe that is by regulation 14 or rule or procedure. There is something in 15 writing for that, yes, sir. 15 Okay. So of the differences 17 that you believe there are between TNCs and 18 taxis -- 19 A They are 20 Let me finish asking. which 21 differences are not a creature of regulation? 22 A I believe none that I can think 23 of at this time. 24 Okay. So is it then that the Golkow Technologies, Inc. Page 65 Case Document 59-1 Filed 10/17/16 Page 33 of 83 Vincent Fenerty 1 Parking Authority has created the differences 2 that you're relying upon to call them 3 distinguishable services? 4 A No, sir. Those rules were 5 there prior to, as I've said, the invasion of 5 TNCS . 7 That wasn't my question, 8 Mr. Fenerty. My question to you was: There 9 are regulations that the Parking Authority 10 enforces; correct? 11 A Yes, sir. 12 Okay. And for each of the 13 things you identified, those differences are 14 created by regulations that the Parking 15 Authority is enforcing; correct? 16 A Yes, sir. 17 So other than the regulations 13 that the PPA is enforcing, what makes taxis 19 and TNCs distinguishable? 20 A Primarily the list that I gave 21 you. 22 But you said all of those are 23 created by regulation. So other than what's 24 created by regulation, in your understanding Golkow Technologies, Inc. Page 66 Case Document 59-1 Filed 10/17/16 Page 34 of 83 Vincent Fenerty 1 what makes taxis and TNCs different? 2 A None that I can think of at 3 this time, sir. 4 Okay. Would there be something 5 that you could review that would give you more 6 ideas than what you have sitting here today at 7 your deposition? 8 A I don't know and I would have 9 to go back and read through some things. 10 How many Uber and vehicles 11 are currently in the City of Philadelphia? 12 A I don't know. 13 Do you have any rough idea of 14 the number? 15 A I believe they have said that 16 there is at least 10,000. 17 And how many taxis are there in 18 the City of Philadelphia? 19 A There's about 1,650 taxi 20 medallions. 21 So it's 9 to 10 times the 22 amount of Uber and vehicles currently on 23 the road in Philadelphia versus taxis? 24 A If what I'm told is the truth Golkow Technologies, Inc. Page 67 Case Document 59-1 Filed 10/17/16 Page 35 of 83 Vincent Fenerty 1 it sounded right. 2 $1,819? 3 A Probably sounds right. 4 Okay. 80 describe why each 5 taxicab medallion would be paying $1,819 5 versus, by your numbers, each Uber or 7 would pay $300. 8 A There is a difference. As I 9 stated somewhat previously, once we got more 10 regulated and we saw where they were, if the 11 money came in, how it was going to come in, 12 how it was going to be audited, we would go 13 back and try to readjust what we would assess, 14 okay, the medallion owners for each medallion, 15 and try to lower it. 16 I had said that from the T7 beginning. Do I think $3 million is enough 18 from Uber? I'm trying to get more. We need 19 the money to run the TLD division so the bad 20 taxis and the bad TNCs can be put in their 11 place. Without a policing agent, it will run 22 wild; okay? 23 Have you ever discussed what 24 you just said with Ms. Kirlin about the Golkow Technologies, Inc. Page 75 Case Document 59-1 Filed 10/17/16 Page 36 of 83 Vincent Fenerty reducing taxicab budget to then replace it by TNC money? A No. Would you be surprised to learn that Ms. Kirlin testified yesterday that that is not at all what the TLD plans on doing? A I wouldn't be shocked because the fight please strike that. The exercise MR. DORAN: You don't get to strike things. MR. BERMAN: Neither of us really do. UHHE WITNESS: Ike said it earlier. MR. BERMAN: I did. THE WITNESS: I have been trying to get money, okay, from Harrisburg to run this, okay, and I don't want to run anything excuse the expression half?assed. I want to run it right, Brett, and I want to be fair. If I can get enough money out Golkow Technologies, Inc. Page 76 Case Document 59-1 Filed 10/17/16 Page 37 of 83 Vincent Fenerty TNCs, okay, I had hoped to lower the fees on the medallion owners and the taxi drivers in some way. That has always been my personal goal. I haven't gotten enough money to do anything right now, okay, and I am concerned that I'm not going to get the money, and then where is this whole situation going to be. If I don't get the money, it just won't be the taxi drivers and the limo drivers and the TNCs will be nonpoliced. I'll have hacks running all over the City again that aren't a part of any okay? My goal is to try to convince Harrisburg to get enough money out of the TNCs that I can run this fairly. That's what I'm trying to do. I have not succeeded yet. I'm sitting in this room, and these two gentlemen know they know; okay? especially Alex, that I have fought this as hard as I can. I don't know how else to Golkow Technologies, Inc. Page 77 Case Document 59-1 Filed 10/17/16 Page 38 of 83 Vincent Fenerty fight it other than fight it to try to get it right. I want to try to get it right, Brett. That's all this is about. BY MR. BERMAN: So if Ms. Kirlin testified yesterday that instead of lowering taxi assessments they would just use that to solely regulate TNCs, you would be surprised by that; correct? A I have been in every meeting. I have sat in with Uber and Lyft. They have said that they wanted the money that they gave to us only for the regulation of TNCs. In every meeting I sat I told them that's not acceptable. The money goes into one well and we use it for one pool of enforcement for I will taxis. That's what I have said; okay? not accept it any other way. I said money to fight the TNCs has come out of the pockets and the lawsuits regarding this out of the pockets of the assessments from the taxi and limousine drivers, so don't tell me that the money you want is just to go back here. I've used their Golkow Technologies, Inc. Page 78 Case Document 59-1 Filed 10/17/16 Page 39 of 83 Vincent Fenerty 1 money to fight you. And I looked them all in 2 the face Feldman was there, I forget who 3 else was there, the mayor's reps were there -- 4 I told them it don't work that way. I had a 5 roomful of witnesses on that one. 5 And you previously testified 7 that you delegated the responsibility for 8 these actual negotiations to Mr. Weldon; 9 correct? 10 A Mr. Weldon was the lead. 11 And Ms. Kirlin was also part of 12 that delegated process? 13 A Yes, she was. 14 And they were the ones who were 15 actually in the negotiations and that were 16 involved in the actual drafting of what was 17 submitted to Harrisburg; correct? 18 A I was in most of the meetings, 19 but the drafting of what was submitted to 20 Harrisburg was led by Mr. Weldon. 21 Okay. And would you be able to 22 point me to anything that was actually 23 submitted to Harrisburg to support what you 24 just said? Golkow Technologies, Inc. Page 79 Case Document 59-1 Filed 10/17/16 Page 40 of 83 Vincent Fenerty more than or less than your budget? A I wouldn't know and I don't want to guess. Would anyone know, perhaps Ms. O'Connor? A Possibly she or Mr. Schmid. Are you aware, and I think you just testified to something along these lines, that the TLD purports to have spent substantial resources from the medallion assessments to try to regulate or do something with respect to Uber and prior to legalization? A I'm very sorry. I wasn't exactly paying attention. Let me ask it differently. Are you aware that the PPA has taken the position that they spent substantial resources on efforts to enforce or regulate Uber and Lyft? A We have, yes. Yes, you have spent substantial resources? A Yes. Where did those resources come Golkow Technologies, Inc. Page 81 Case Document 59-1 Filed 10/17/16 Page 41 of 83 Vincent Fenerty from? 2 A From the assessments and other DJ collections from the taxi and limousine 4 industry. 5 How much was spent? 6 A I don't know. 7 Who could answer that question? 8 A I don't know that one either 9 because we have employees, we pay them every 10 day, they get assignments, but a lot of their 11 assignments were to be enforcing TNCs and not 12 stopping cabs, and we did it because it's our 13 job, we did it from an outcry of medallion 14 owners. You know, some of the loudest 15 medallion owners who were concerned that did 15 help us in our encounters with Uber and was Anna and Alex Friedman did help us. 18 What did they help you with? 19 A They provided Uber is so smart 20 they have what's called a God View application 21 where in our area around our building there's 22 three steps you have to do to order an Uber. 23 You have to sign up your iPhone, which gives 24 your IP address; you have to make the call, Golkow Technologies, Inc. Page 82 Case Document 59-1 Filed 10/17/16 Page 42 of 83 Vincent Fenerty you know why they did not prevail? A No, I don't. Are you aware that one of the grounds laid out by the Court was that the claims belonged to the regulator, the Parking Authority? A No, I wasn't. Did the Parking Authority take any independent action similar to what the Friedman group did to try to enjoin Uber and Lyft's activities in the City of Philadelphia pre Act 85? A NO. Why not? A The decision was made by our legal team that we were the regulator and that the actions should be taken by the industry. And when the industry did not prevail in that action, the Parking Authority still took no action? A Yes. Why? A Our counsel believed that they Golkow Technologies, Inc. Page 85 Case Document 59-1 Filed 10/17/16 Page 43 of 83 Vincent Fenerty 1 did not have a standing in it. That's what I 2 believe it was, sir. 3 Did not have a 4 A Did not have standing to do it. 5 Okay. Has the PPA received any 6 fines or assessment monies from Uber or other 7 8 A No. 9 Zero? 10 A Yes. 11 Are you sure about that? 12 A 100%. 13 Zero? 14 A Zero. 15 What about from any enforcement 16 activities? 17 A Yes, we have from enforcement 18 activities. I'm sorry, I didn't think of 19 that. I was thinking 20 The 1% that 21 A Yes, sir, that's what I was 22 thinking. You said assessment monies. You 23 didn't say fines. 24 MR. DORAN: He did say both. Golkow Technologies, Inc. Page 86 Case Document 59-1 Filed 10/17/16 Page 44 of 83 Vincent Fenerty 1 A It's possible. 2 Any recollection of them? 3 A Not really, sir. 4 Okay. What legislators in 5 Harrisburg have you personally dealt with 5 about issues surrounding Uber and Lyft? 7 A Mr. Taylor, Mr. Godshall, 8 Ms. Donatucci, Mr. Miccarelli. 9 Anyone else? 10 A Can you rephrase your question? 11 I gave you four names. Can you rephrase what 12 you asked? 13 I think I asked you what 14 legislators in Harrisburg you dealt with with 15 respect to Uber and Lyft. 15 A Could you just I'm not being 17 cocky define "dealt with"? 18 Well, how do you define "dealt 19 with"? 20 A Talking about specific 21 legislation. 22 So those four are legislators 23 that you had specific discussions about 24 specific legislation? Golkow Technologies, Inc. Page 90 Case Document 59-1 Filed 10/17/16 Page 45 of 83 Vincent Fenerty good fee from Uber and that I'll have to split it with the public schools because somebody in Harrisburg has more influence than this transportation division. And I'm hoping to get it all; okay? In this case I believe this all belongs here because it is transportation money, and then I can restructure the TLD, hopefully we can come to an amicable assessment for everyone. I am not trying to put people out of business. I am trying to survive and make this industry survive. MR. BERMAN: Let's take a five-minute break. THE WITNESS: Sure. (Short recess.) BY MR. BERMAN: Mr. Fenerty, you described earlier today that you're aware of a series of meetings that occurred with Uber, Lyft, and the City; correct? A Yes, sir. How many meetings? A I honestly didn't count them, Golkow Technologies, Inc. Page 100 Case Document 59-1 Filed 10/17/16 Page 46 of 83 Vincent Fenerty 1 but I would estimate there were more than six. 2 Do you know the time period? 3 A June, maybe late May. 4 Of 2016? 5 A Of this year, yes, sir. 5 Why June and May? 7 A I think everyone was hoping to 8 get to a resolution of the matter before the 9 end of the session before the summer break. 10 Okay. So if Ms. Kirlin 11 testified about a series of meetings that 12 occurred March and April 13 A They would be the same 14 meetings. 15 So if there were e?mails and 15 communications about meetings that occurred 17 A They would be the same 18 meetings. Maybe I'm off and she might be 19 right. 20 Or they were at the end of 21 April and continued into May or June? 22 A Could be. 23 Okay. So those are the same 24 meetings you think that Ms. Kirlin talked Golkow Technologies, Inc. Page 101 Case Document 59-1 Filed 10/17/16 Page 47 of 83 Vincent Fenerty about that you're referring to? A Absolutely. Okay. Who was at these Ms. Kirlin thought it was four or five, you say six, but let's say four to six meetings that occurred, who was there from the PPA to start with? A Myself, Dennis, Corrine, and Christine. Who was there from Uber? A Feldman and someone else. There were two reps from Uber. And there was one rep, whose name I don't recall, from Lyft. And was a lawyer? I don't know. What about the City? K) (3 Brian Abernathy, Tumar Alexander, Debbie I forget her last name. I've known her forever. I'minute. And the mayor's deputy chief of staff. Who's that? A I'll get that for you in a minute, too. Golkow Technologies, Inc. Page 102 Case Document 59-1 Filed 10/17/16 Page 48 of 83 Vincent Fenerty 1 Okay. Was anyone else at the 2 meetings? 3 A I'm trying to look around the 4 room at the meetingsearlier meetings there were representatives 6 from the airport. 7 Do you know who those people 8 were? 9 A Chellie it was the airport 10 CEO was there and some of her staff. 11 So the airport representatives 12 attend some but not all? 13 A Uh?huh. 14 Anyone from the state? 15 A No, sir. 16 1 Any taxi representatives at 17 those meetings? 18 A No, sir. 19 Were the taxi representatives 20 made aware that these meetings were occurring? 21 A Not to my knowledge. 22 Not by youAnd you're not aware that Golkow Technologies, Inc. Page 103 Case Document 59-1 Filed 10/17/16 Page 49 of 83 Vincent Fenerty anyone told them? A No. Where were these meetings occurring? A Either in the Municipal Services Building or in a conference room in City Hall. How did these meetings come to be? A The deputy city managing director asked us to sit down with Uber and to try to clear the differences that we have. Deputy managing mayor? A Director. Of the mayor's office? A No; of the managing director's office, Brian Abernathy. Of Brian Abernathy's office. Have you spoken with the mayor personally about any issues surrounding Uber and Lyft? A. No. What about the governor? A I don't know the governor. Golkow Technologies, Inc. Page 104 Case Document 59-1 Filed 10/17/16 Page 50 of 83 Vincent Fenerty You're on the other side. A I'm on the other side. MR. DORAN: That's a big other side. THE WITNESS: The last governor I knew. The last lieutenant governor was a friend, but they're not there anymore. BY MR. BERMAN: So now you have a Democratic administration, so things are a little different. A Uh?huh. Was there anyone from the DNC present in any of these meetings? A No. Were any of these meetings called because of the DNC Convention? A No, I don't believe so. This was when was the In July. A It was in July. So these meetings, their stated purpose had nothing to do with the Golkow Technologies, Inc. Page 105 Case Document 59-1 Filed 10/17/16 Page 51 of 83 Vincent Fenerty with SEPTA issues in the future? A The trains had not yet derailed, I don't believe. Okay. So Mr. Brian Abernathy asked you or the PPA to attend meetings to try to bridge your differences with Uber and Lyft; is that what you saidcould obtain a working relationship. Okay. And were you happy to attend these meetings? I mean, what was the Parking Authority's position on attending? A The Parking Authority was cooperative that we wanted to attend the meetings to see if a third neutral party, being Mr. Abernathy, could try to work some of the differences out. Sometimes a new face in the room from my experience does move things along a little bit better. What was Mr. Abernathy asking from the Parking Authority prior to the meetings beginning, if anything? Golkow Technologies, Inc. Page 106 Case Document 59-1 Filed 10/17/16 Page 52 of 83 Vincent?Fenerty really didn't ask for anything, just asked to come. Okay. .80 describe as best you can what occurred at these meetings. A Mr. Abernathy stated that the mission was to try to get everyone on a fair level playing field, something that everyone could accept, that the TNC companies had to pay in a way that could be worked out, because basically the limousines/taxi drivers were paying and they were running around for free illegally and it was time for that to stop. Discussions went back and forth how to do it, okay, per ride, per this, both companies wanted not to have their drivers that they would pay the fees, and it was pay, negotiated up and down and up and down what kind of money would be placed on the table up front and yearly to support the taxi and limousine industry. And negotiations took place back and forth and the arrangement was hammered out over a series of weeks or a month or two. That's basically what happened. Golkow Technologies, Inc. Page 107 Case Document 59-1 Filed 10/17/16 Page 53 of 83 Vincent Fenerty 1 So I heard a lot about 2 financial discussions; right? 3 A Yes, sir. 4 Was that the Parking 5 Authority's biggest concern at those meetings? 5 A No; and also how we would 7 regulate them. There had to be some 8 regulation, there had to be some inspections 9 of the vehicles, there had to be a way to 10 check the background checks to make sure if 11 they were going to do it themselves how we 12 audited them, how many cars would be 13 inspected, the rotation of the cars that would 14 be inspected, and the training of the drivers. 15 Was any thought given to invite 16 any representatives of the taxi community or 17 limousine community to those meetings? 18 A No, sir, it wasn't to my 19 knowledge. 20 Given that I think you said 21 level the playing field was your words with 22 taxis and limos, why was no thought given to 23 having taxi and limousine representatives 24 present at these meetings? Golkow Technologies, Inc. Page 108 Case Document 59-1 Filed 10/17/16 Page 54 of 83 Vincent Fenerty 1 A I really don't know. I guess 2 none of us had thought about doing that, sir. 3 Okay. 4 A I'm giving you an honest 5 answer. That's all I can give you. 5 And that's appreciated. Why 7 was the playing field not level between 3 taxicabs and limousines versus TNCs at that 9 point in time? 10 A Why wasn't it level? Because 11 at that time it was prior to this 90?day 12 licensing that the state gave them, that 13 basically the operations of and Uber were 14 illegal and they were operating as unlicensed 15 hacks. 16 Unlicensed taxicab hacks? 17 A Taxicab hacks. 18 Under Act 85, which is the 19 legislation I think you're referring to 20 right? Yes? 21 A Yes, I think so. 22 is the playing field level 23 between taxis, limousines, and 24 A The legislation that was passed Golkow Technologies, Inc. Page 109 Case Document 59-1 Filed 10/17/16 Page 55 of 83 Vincent Fenerty 1 for the 90 days? No, they're not. 2 So it's still not level? 3 A No, it's not. 4 Why did Act 85 not make a level 5 playing field between Uber, Lyft, taxis, and 5 limousines? 7 MR. DORAN: I object to the 8 form of the question. 9 You can answer. 10 THE WITNESS: I don't know. I 11 'had nothing to do with the writing, 12 beginning, input, or anything with Act 13 85. 14 BY MR. BERMAN: 15 When Act 85 came out, you were 16 shocked? 17 A Yes. 18 You had never well, let's go 19 back for a second. These meetings that 20 occurred with Uber and Lyft, were you at every 21 one of them? 22 A I believe I was at the majority 23 of them, if not every one of them. A lot of 24 the conversation was done by phone, phone Golkow Technologies, Inc. Page 110 Case Document 59-1 Filed 10/17/16 Page 56 of 83 Vincent Fenerty act, if we like it or not. Is the Philadelphia Parking Authority a patronage organization? A Could you define "patronage"? What do you define as a patronage organization? A Individuals who are given references by elected officials, party leaders, to come in and apply for a job for which they may be qualified. Is the Philadelphia Parking Authority a patronage organization? A For the most part, yes. Yes. Are you a state agency? A Quasi?government agency. Are all quasi-government agencies patronage organizations? A I'm not qualified to answer that. Do you believe it's right that the Philadelphia Parking Authority is a patronage organization? A I do. Why is that? Golkow Technologies, Inc. Page 113 Case Document 59-1 Filed 10/17/16 Page 57 of 83 Vincent Fenerty 1 A Because we get better people; 2 okay? People who come to us, okay, are 3 already vetted and screened by an elected 4 official or someone who knows them; okay? 5 They tend to send better people. We just 6 don't have to pick off a list. People voucher 7 people. And you just don't come to the 8 Parking Authority and get a patronage job. 9 You have to fill an application out. You have 10 to be tested. Your background has to be 11 checked. You have to be given multiple tests 12 to see -- one test or multiple tests to see if 13 you're qualified for the job. And then you're 14 put on a six?month probationary period or 15 longer. 16 We are far more stringent than 17 the City of Philadelphia with its hiring. The 18 City doesn't require drug and alcohol testing 19 for many of their positions, neither do the 20 courts. We require extensive drug and alcohol 21 research on all of our employees to make sure 22 we have a drug-free environment. 23 I am very proud of the way that 24 we screen our people. I'm proud of the work Golkow Technologies, Inc. Page 114 Case Document 59-1 Filed 10/17/16 Page 58 of 83 Vincent Fenerty that our people do. For the most part, they do excellent work and I do believe a system of hiring where an elected official could put their good name down for someone, that they know them, that they have talked to them to be a starter. A good starter is someone knows someone. Once you get there, you have to keep yourself there; okay? No one can keep you there. If you get in trouble and you do not do your job properly, that's up to you to save yourself, not some politician. You have to come and work for me. I am a difficult person to work for. And being an admitted patronage agency, doesn't that make it harder to remove people who got there through patronage? A Not necessarily, no. Well, let?s talk about how we just went through the budget. Well, strike that. Can you identify the people at the TLD division that came as part of this patronage process you just discussed? Golkow Technologies, Inc. Page 115 Case Document 59-1 Filed 10/17/16 Page 59 of 83 Vincent Fenerty lawyer, and whatever he would do with his notes or how he would handle them, I think it would be within a very, very, very within any guideline of the law. Okay. So as far as these meetings went, what was the eventual outcome? A The outcome was that after the meetings and after discussions after the meetings we came to a settlement with Uber on the amount of money they owed us in fines I'm sorry, the amount of money Uber owed us. I believe since then we have gotten a proposal from for the same thing, I am not sure, and we had an idea of the suggested statute, what we wanted in the statute that we would hope would run and become taxi and and TNC law and sent those ideas to the legislature. Was this proposed legislation that was sent to the legislature or was it ideas? A It was proposed language. That was drafted as proposed legislation? A Yes, I believe so. Golkow Technologies, Inc. Page 125 Case Document 59-1 Filed 10/17/16 Page 60 of 83 Vincent Fenerty Okay. And who from Harrisburg asked you to draft the proposed legislation, if anyone? A I don't know if anyone did. So Uber, Lyft, the City, and the Parking Authority have meetings where they draft legislation that no one in Harrisburg knew was coming? A Well, I'm sure we were working with our staff was working with the legislative I guess it would be the legislative people on Representative Godshall's staff, whose committee was considering possible legislation. Okay. So it's your testimony that there were also discussions about what was occurring with Representative Godshall and/or his staff? A Yes, sir. Okay. Who had those discussions? A I don't I imagine Mr. Weldon had the majority of them. Did you have any personally? Golkow Technologies, Inc. Page 126 Case Document 59-1 Filed 10/17/16 Page 61 of 83 Vincent Fenerty Yes. With who? A With Mr. Godshall. Tell me about those discussions. A Basically they were that the Parking Authority wished to continue to regulate taxis, limousines, and Uber in Philadelphia that we've done a good job for. It is needed, and we needed to get some regulations for Uber because there were none, they were paying nothing and they were running around unregulated and we needed to get them regulated. That's what my discussion was with Mr. Godshall. Maybe twice, maybe three times I told him it's important to get regulations in for the TNCs. And I'm using the same phrase so everybody can be on the same ball field. I can't change that. I never went around and disparaged anyone. I just went for the pro, that we need to get people on the same playing field and we need to do it right. to have the funds, okay, Golkow Technologies, Inc. page 127 Case Document 59-1 Filed 10/17/16 Page 62 of 83 Vincent Fenerty Was there discussion among Uber, Lyft, the Philadelphia parking Authority, and the City relating to their position on the amendments you just described? A I don't know. Mr. Weldon could answer that question? A Yes, he could. Okay. Since the legislation 10 was proposed to Harrisburg as you just 11 described, has the Parking Authority continued 12 its efforts to have that piece of legislation 13 passed into law? 14 A No. The House recessed for the 15 summer and came back two days ago. 15 Has there been any discussions T7 between any Parking Authority representatives, 18 including yourself, with any legislators in 19 recess about that legislation? 20 A Yes. 21 Describe those communications. 22 A There was a meeting several 23 weeks ago with Representative Taylor; 24 Mr. Weldon; myself; Ms. Kirlin; Mr. Schmid; my Golkow Technologies, Inc. Page 134 Case Document 59-1 Filed 10/17/16 Page 63 of 83 Vincent Fenerty 1 counsel who sits to the left of me, Mr. Doran, 2 after Mr. Abitbol, Mr. Friedman, and another 3 group came in to see us and told us that there 4 was going to be a lawsuit. 5 We invited Representative 6 Taylor in for a meeting so we could tell him 7 what the needs of the industry were, what they 8 wanted, tell him that there was a potential 9 lawsuit coming and how could we figure out how 10 we could get a bill together that could make 11 everyone as close to being happy as happy 12 could be in a world where people don't get 13 along. And in this world of taxis most people 14 don't get along. I find it amazing today that 15 these three gentlemen, Mr. Gabby, Mr. Abitbol, 15 and Mr. Friedman, are even sitting in the same 17 room after the fights that I've seen between 18 them. 19 MR. ABITBOL: You're the glue 20 that binds us all. 21 MR. FRIEDMAN: Amazing, huh? 22 Why do I have to sit next to him? 23 THE WITNESS: But we kicked 24 ideas around, different things that Golkow Technologies, Inc. Page 135 Case Document 59-1 Filed 10/17/16 Page 64 of 83 Vincent Fenerty were kicked around, there was no legislation proposed or anything like that. Mr. Doran made some suggestions what he thought would be in the lawsuit, he talked about that to Mr. Taylor, and we said we would have followup discussions to see what we we've could do, and the lawsuit came, been working on it ever since, and quite frankly I only recently inquired if something was going to run before September 30, and I was told hopefully. That's what that meeting was about. BY MR. BERMAN: Who told you hopefully? A Mr. Taylor. Did Mr. Taylor inform you who he received that information from? A He just told me that he heard that hopefully something was going to be done within the number of session days they have. Describe the suggestions that Mr. Doran gave you in front of Mr. Taylor. Golkow Technologies, Inc. Page 136 Case Document 59-1 Filed 10/17/16 Page 65 of 83 Vincent Fenerty 1 A I have to think of what they 2 were. May I speak to him to ask him? 3 No. 4 A I don't recall at this time. 5 Well, you just identified that 6 Mr. Doran gave you suggestions and he referred 7 repeatedly that you give honest answers here 8 at this deposition, so describe the 9 suggestions that were given to you two weeks 10 ago by Mr. Doran in front of Mr. Taylor. 11 A It was basically, okay, that we 12 had to find some way for everyone to live 13 together, to have some of the Same rules, and 14 that was basically it. That was basically 15 what everyone said. We agreed we would look 16 at some of the rules and regulations to see 17 which ones could be softened, okay, which ones 18 could be stricken. The lawsuit then came, and 19 we haven't followed up on any of that to my 20 knowledge. Mr. Weldon and Ms. Kirlin were 21 looking at that and Mr. Schmid. 22 So Mr. Doran told you and 23 others in front of Mr. Taylor that you need to 24 find a way to have the same rules for TNCs and Golkow Technologies, Inc. Page 137 Case Document 59-1 Filed 10/17/16 Page 66 of 83 Vincent Fenerty 1 for taxis and limos? 2 A Not the same rules. He told us 3 that we need to have defined rules for taxis, 4 defined rules for limos. We couldn't make 5 them too stringent on the taxi side, okay, and 6 not seemingly less stringent on the TNC side. 7 Mr. Doran did caution us that 8 these are two different types of services, 9 taxis are taxis, TNCs are TNCsexpert in this field, but we needed to get 11 a consensus and come back and see what 12 regulations we believed were too harsh and 13 what regulations possibly needed to be 14 softened and present them to the industry. We 35 got served a couple days later with a lawsuit, 16 so I don't believe anything has been done with 17 that. 18 So Mr. Doran was informing you 19 that these rules needed to be applied I'm 20 misunderstanding. 21 A They need to be excuse me. 22 The current rules need to be looked at in 23 order to see which are too burdensome, which 24 can be lightened, okay, something like that. Golkow Technologies, Inc. Page 138 Case Document 59-1 Filed 10/17/16 Page 67 of 83 Vincent Fenerty 1 It was a group discussion. 2 Are you done? 3 A I didn't know you were still 4 questioning me when you picked up your cell 5 phone. 5 I can multitask pretty well. 7 So were you done answering your question? 8 A Yes, sir. 9 Did Mr. Doran raise any 10 specific examples of rules that he found to be problematic in comparison to what was being 12 proposed for 13 A No. More discussion on that 14 was among the staff. 15 In front of Mr. Doran? 15 A Yes. 17 Describe what the staff 18 believed were rules that were more oppressive 19 or hard than what TNCs were being sought to 20 have applied to them. 21 A One of the things that was 22 thought about is an option of having either 23 the camera or the shield. That was the 24 primary. One or the other. Golkow Technologies, Inc. Page 139 Case Document 59-1 Filed 10/17/16 Page 68 of 83 Vincent Fenerty 1 What else? 2 A I said I personally would 3 rather see the camera because as a taxicab 4 rider, okay, I have not been in one cab in 5 more than a year that has the window closed, 6 which is supposed to prevent a gun being stuck 7 up in someone's head. 8 Now, a shield does prevent the 9 person from being choked from behind, but it 10 doesn't prevent a gun being held to their 11 head. So if the taxicab drivers don't care 12 about their own lives and keep this open, 13 maybe we should make it more comfortable for 14 the consumer but have the camera for the 15 safety of the driver. That was a major 15 discussion. Brett, I really don't recall what 17 the rest of it was. 18 Anything on meter requirements? 19 A No, nothing on meter 20 requirements that I recall. 21 Set rates that can't be 22 modified? 23 A There was some discussion about 24 surge pricing, the way Uber does it and Lyft, Golkow Technologies, Inc. Page 140 Case Document 59-1 Filed 10/17/16 Page 69 of 83 Vincent Fenerty 1 versus a steady rate charged by the cabs. We 2 came to no conclusion would that be good for 3 the cabs or not because the cabs advertise 4 mood which is good to compete with Uber and 5 as we have a steady, certified rate. 5 When we show up, no matter what time it is, 7 you're going to get our rate, where Uber does 8 surge pricing, which can be very heavy and 9 people are willing to pay it; I don't know 10 why. 11 So we didn't go very far with 12 that because we believe that if the industry 13 wanted to do that, we were open for them to 14 bring it to us for them to do it and that 15 would be the idea there. We were not going to 16 suggest it out because there have been 17 different arguments from different members of 18 the industry they don't want surge pricing, 19 they want the flat rate pricing because that's 20 attractive to their business model. I don't 21 know if everyone agrees with it. I haven't 22 met with them. That was one of the things 23 that was talked about. 24 Mileage and age limitations of Golkow Technologies, Inc. Page 141 Case Document 59-1 Filed 10/17/16 Page 70 of 83 Vincent Fenerty 1 vehicles? 2 A Mileage and age limitations of 3 vehicles was spoken about, okay, not much. We 4 as the regulator think that the mileage and 5 age limitation on the vehicles is adequate 6 because you don't want to go back and start 7 running a fleet of junk vehicles on the street 8 that look old and give bad rides, that that is 9 something that the improvements we've gotten 10 and continue to improve need to be done, so 11 there was not much discussion on that. 12 Anything else that was 13 discussed that you recall? 14 A Brett, I don't remember 15 anything else. 16 Okay. Camera or shields, what 17 did Mr. Doran say about camera or shields? 13 A I don't recall if he said 19 anything, I really don't. 20 Surge pricing, mileage and age, 21 anything from Mr. Doran on that? 22 A I don't really recall anything. 23 Cameras or shields, you're 24 aware, as we discussed earlier today, that Golkow Technologies, Inc. Page 142 Case Document 59-1 Filed 10/17/16 Page 71 of 83 Vincent Fenerty revenues of medallions have dropped as much as 40%; correct? A Uh?huh. Yes? A I told you I read that in a paper. That it's up to 40% to what you've seen in the public domain? A That's what I read in the newspaper. You basically have accused me of knowing everything about the Parking Authority except the detailed financials of the taxi division, which I don't handle; okay? I'd just like to make a comment for that. I don't micromanage everything; okay? I do micromanage who works for me, okay, because I'm proud to have a good staff, and the individuals who you mentioned all the way back to Ms. Kirlin were recruits, good people that work for the Authority. Okay. So irrespective of whether it's 30% or 40% or 20%, you're aware that taxicab revenue has significantly decreased over the past two years? Golkow Technologies, Inc. Page 143 Case Document 59-1 Filed 10/17/16 Page 72 of 83 Vincent Fenerty 1 A Absolutely I am. 2 And you're aware that ridership 3 has decreased? 4 A If revenue has deceased, that 5 means the supply and demand has decreased, 6 that means ridership has decreased. 7 And that the medallion owner 8 lease prices have decreased as a result of the 9 loss of revenue and the loss of ridership? 10 A I am aware that some of the 11 leases by some of the medallion owners have 12 decreased. I'm also aware that as of a week 13 or two ago some of the leases from some of the 14 medallion owners I believe have not decreased. 15 From what period of time? 15 A In the last year. 17 So they haven't dropped further 18 in the last year -- 19 A I believe I was told that some 20 of them haven't dropped at all. 21 Since the peaks of 2013? 22 A That may be true, and I would 23 have to document that. 24 Which fleets are you talking Golkow Technologies, Inc. Page 144 Case Document 59-1 Filed 10/17/16 Page 73 of 83 Vincent Fenerty about, Mr. Fenerty? A I believe that right now Mr. Friedman's, Alex's, rates are rather high. That's what was reported to me. That they were as high as they were in A I believe I was told that Alex has not dropped his rates. Who told you that? A I don't recall, but it was in a meeting, probably this meeting that you're referring to. Okay. So revenue has gone down, leases other than maybe Mr. Friedman have gone down for the rest of the industry, fares have gone done; right? All of that you are aware of sitting here today? A Yes. And you were aware of sitting in the meeting where Mr. Doran spoke about regulation and what needs to be done? A Yes. Okay. And the budget and the assessments have gone up throughout that Golkow Technologies, Inc. Page 145 Case Document 59-1 Filed 10/17/16 Page 74 of 83 Vincent Fenerty 1 A Yes. 2 How do you justify that? 3 A Well, there is safety. We want 4 the drivers and the riders to be safe. We 5 want them to be safe. 5 Are you aware that Philadelphia 7 is the only city in the country that requires 8 shields and cameras? 9 A Yes, I am. 10 Are you aware that Philadelphia 11 is at least one of very few that require a 12 specific safety camera system that must be 13 approved by the Authority in advance? 14 A Yes. 15 Are you aware of any statistics 16 that show that Philadelphia taxicab drivers 17 are subject to more crime than in any other 18 city that requires only safety cameras? 19 A Personally, no, but I 20 personally no, but those statistics would be 21 compiled by Mr. Schmid. I think that would be 22 a fair question for him. 23 Okay. Let's talk about did 24 there come a time when the Parking Authority Golkow Technologies, Inc. Page 147 Case Document 59-1 Filed 10/17/16 Page 75 of 83 Vincent Fenerty 1 train station property. So I'm just guessing 2 it's probably going on all around there. 3 Schmid patrols there. I don't know what he 4 does there. But I witnessed it right on the 5 perimeter. I wasn't even being careful saying 6 perimeter. 7 Understood. So, again, I want 8 to be clear, is it your testimony sitting here 9 today that you have never personally 10 instructed anyone at the TLD to issue tickets 11 or citations against specific fleets or 12 operatorsthat, no. 14 You never have? 15 A Not to my recollection. 16 Mr. Fenerty, you were very 17 vocal in the press and to the assembly with 18 respect to your beliefs about what Uber and 19 were doing; correct? 20 A Yes, sir. 21 What led to the change for you 22 personally where you authorized the execution 23 of the Settlement Agreement we just previously 24 reviewed? Golkow Technologies, Inc. Page 171 Case Document 59-1 Filed 10/17/16 Page 76 of 83 Vincent Fenerty firmly believe that with the trains going down and the DNC coming to town Uber and were going to be running all over the place and didn't have the adequate staff to chase them. I didn't want a black face on the City that we didn't have enough transportation services without Uber where delegates were coming from all over the country where in most areas Uber was legal. I didn't want an embarrassment to the City. I thought it was in the best interest of the citizens and the City and the goodwill of the City to its guests and visitors to allow Uber to operate for the three months that I proposed. Why didn't you consider using licensed PUC operators to provide that service? A Licensed PUC operators from outside the City? Yes, legal operators. A That was not brought to my attention. I did not think of it on my own. But I do not believe there would have been Golkow Technologies, Inc. Page 172 Case Document 59-1 Filed 10/17/16 Page 77 of 83 Vincent Fenerty enough of them from surrounding areas to move down into the City. Did you think about the impact on taxis and limousines by making that decision, licensed carriers in the City of Philadelphia? A Yes, I did. We believed there would be enough work for everyone. Are you aware that at the DNC they would not allow taxis to pick up DNC patrons within the zone? A Yes, and I believe that was horrible. I was not aware of that in advance. I was not aware of anything that was set up special for Uber at the Wells Fargo Center. I was not aware until someone brought me in a program from the Wells Fargo Center that had Uber was one of the proud sponsors of the convention at Wachovia. I had no knowledge of that. My political resources did not tell me, it was not advertised, I understand on whatever the name of that street is down there, 11th Street or Warnock Street -- Golkow Technologies, Inc. Page 173 Case Document 59-1 Filed 10/17/16 Page 78 of 83 Vincent Fenerty Darien Street it is, where cabs normally do some dropping off, that they were prohibited from being in there but yet Uber was allowed. I don't know how that happened. I don't know how a public street could get closed to cabs but let TNCs in. I was briefed on that after it happened. I had no up-front knowledge. If you turn back to what you're looking at, Fenerty 4, and you go to Section which is on the second page, at the end of Section it says: "The authority may enter into a settlement with a transportation network company relating to legal disputes relating to the time period from October 24, 2014, through July 7, 2016." Do you see that language? A Yes, sir. Is it your testimony sitting here today that you don't believe that directly applies to the Settlement Agreement that we looked at, Fenerty 3? A I do believe it would cover that. Would cover that or was Golkow Technologies, Inc. Page 174 Case Document 59-1 Filed 10/17/16 Page 79 of 83 Vincent Fenerty speculate what got done, and I'm not permitted to speculate. Sitting here today, you have no idea how many Uber or cars are on the road; right? A No, sir. Do you have any idea how many TNC rides have been offered in the City of Philadelphia? A No idea. Both before July 2016 you don't know? .A NO. -- or after July 2016? A No. We have no idea how many or how much money we're going to get from them. there was no Anything like that, mechanism put don't know how we're going to get it to this day. Have there been any payments made by TNCs to the Philadelphia Parking Authority for airport use or access? A Can you repeat it? Golkow Technologies, Inc. Page 176 Case Document 59-1 Filed 10/17/16 Page 80 of 83 Vincent Fenerty 1 Have there been any payments 2 made by Uber or to the Philadelphia 3 Parking Authority for airport use or access? 4 A Not to my knowledge. 5 Have there been any payments 6 made by TNCs to the City for airport use? 7 A Not to my knowledge. 8 Are there ongoing discussions 9 between the PPA and the City with respect to 10 TNCs access to the airport or the train 11 station? 12 A Not to my knowledge. I do know 13 there is some activity going on down at the 14 airport. Our airport director told me that 15 who is in charge of our parking down there. I 16 don't know the specifics. 17 Are you aware that there has 18 been between 2014 and 2016 200 to 300 thousand 19 drops in medallion taxi trips? 20 A That there have 21 LOSS of 200,000 to 300,000 22 rides a month to medallion taxis. 23 A I believe there's been a 24 significant drop. I don't know what the Golkow Technologies, Inc. Page 177 Case Document 59-1 Filed 10/17/16 Page 81 of 83 Vincent Fenerty 1 figures are, sir. 2 Do you know what the drop in 3 prices of medallions have been in that same 4 time period? 5 A I think from about a half a 5 million to about 80,000. 7 Is that roughly a $500 million 8 loss? 9 A I don't know how you come up 10 with that, but it's roughly a $400,000 loss 11 per medallion. 12 Times 1,600? 13 A Okay, if your calculations are 14 right. The loss would be calculated, though, 15 what they bought it for and what it's worth 15 now, not a speculative value that it went up 17 to, although there were many people who bought 18 them at $500,000. The loss should be 19 calculated purchase price less what it's worth 20 now. 21 Understood. You're aware there 22 were many transactions at or near the $500,000 23 price; correct? 24 A Oh, yes, sir. Golkow Technologies, Inc. Page 178 Case Document 59-1 Filed 10/17/16 Page 82 of 83 Vincent Fenerty that is Bill"? A Bill wanted to be tougher in the settlement, wanted a tougher settlement. I gave it to an impartial party, Dennis, who is an attorney to settle it; okay? And most settlements on any cases where there is something filed, we always have an attorney settle it. Dennis is the chief attorney, he was given the authority to settle it by me; okay? Everyone had some input, but, you know, Mr. Schmid disagreed a little bit and I told him to just let Dennis settle it. What's the differences in your mind of summoning a cab through, let's say, 215 Get A Cab app and summoning an Uber through Uber's app? A I believe if I'm calling a cab company for a dispatch, 215 Get A Cab, 333 or 666 which I really haven't called; I usually do a hail -- but I believe I'm calling a transportation company for a motor vehicle to come pick me up. If I'm using an app, which I don't use, I believe I'm calling an app Golkow Technologies, Inc. Page 183 Case Document 59-1 Filed 10/17/16 Page 83 of 83 Vincent Fenerty 1 company to send me something a transportation 2 company should be doing. 3 Well, you answered a different 4 question than I asked. I said if you call a 5 cab 6 A You asked me what the 7 difference was. 8 MR. DORAN: No. Listen to his 9 question. 10 BY MR. BERMAN: 11 I said if you call 215 Get A 12 Cab through their app and you call Uber 13 through their app, what's the difference. 14 A If I use both of their apps? 15 Yes. 16 A I'm ordering a cab via app. 17 There is no difference. 18 No difference, okay. Are you 19 aware of how much business 215 Get A Cab 20 received from their app? 21 A I'm not aware, no, but I know 22 Alex had told me that when he first put it up 23 a year or two he was getting some feed from 24 it, that it had not taken off the way he had Golkow Technologies, Inc. Page 184