mr. shamis here? >> yes, he is, he's here. >> my name is boris shamis. >> my question is you prepared this declaration for the appellant's attorney? >> yes. >> and from what i take it from reading your declaration, you're stating that you know that mr. kipnis has been driving at least every saturday night? >> and friday too. >> and friday for the last year, i believe it is? >> for last at least 10 or 12 years, i don't know exactly numbers, and i'm very surprised if mta was making such a big issue of this, why don't they even ask me about it because we was working together for 12 years and i know all the shifts, what he was working. >> okay, so in 2009, the relevant year here, you're stating he worked saturday and friday nights? >> yes, saturday and friday nights. >> with the exception of one or two times? >> i don't remember exactly the numbers of the days three years ago, it might be one or two, maybe three, i can't tell, but i know that he was working more than it's supposed to be on their rules. >>

mr. shamis tonight. >> okay. >> and you've provided a copy to mr. murray. >> yes, i provided a copy to him before this item was called. >> okay. >> mr. murray? >> good evening, commissioners. jarvis murray, this matter relates to the revocation of mr. kipnis' medallion, he had two opportunities to address his concerns regarding his driving requirement and as ms. mason stated, because mr. kipnis is a medallion permit holder, he is required to drive 108 hours or [inaudible] shifts each year. each year, we do an audit and that audit is conducted by scott leon, of every medallion's weigh bill, as part of that audit, mr. kipnis came under our attention because his weigh bills for the prior years were short, upon subsequent visits to gather up his material, he remained short which is where we began our revocation proceedings. as part of our code, we can for good cause revoke a medallion permit holder for not driving because part of the requirement is being a full time driver. we had a hearing in june of 2010 and at that hearing, the sfmta presented the we