Senate Panel OKs Gourley to Lead DMV

Steven Gourley, a former Culver City mayor, was confirmed as director of the Department of Motor Vehicles on Wednesday by a state Senate committee.

Senate leader John L. Burton (D-San Francisco) had delayed action on Gourley, who was appointed last year by Gov. Gray Davis, because of the governor’s controversial decision to fight for the state’s right to charge disabled drivers a $6 fee for their blue parking placards. Advocates for the rights of the disabled had objected to the fee and to Davis’ efforts to help the state collect it.

In an abrupt turnaround in June, Davis announced that he would give up the placard fight, but the legal battle stemming from the controversy remains unresolved. On Wednesday, Burton, who chairs the Senate Rules Committee, voted to approve Gourley--after warning him that the placard matter needs to be settled soon.

Otherwise, “you can be the director of the department with the smallest budget since before the war,” Burton said.

Gourley must now be approved by the full Senate, which is expected to vote today.

The court fight stems from a provision in the national Americans With Disabilities Act that bars governments from charging fees for programs necessary to assure nondiscriminatory treatment for the disabled.

Ruling on a suit filed against the state in 1996, the U.S. 9th Circuit Court of Appeals in 1999 upheld a lower court opinion that said the state’s fee violated the act. Davis appealed to the Supreme Court, saying the parking tags were a “supplemental” benefit offered by the state at a rate below cost.

Davis said in June that he would direct the state’s lawyers to settle the case rather than pursue the Supreme Court appeal, but the state has been unable to reach an agreement with the plaintiff, William Dare, who brought the original lawsuit against the state.

Nominees to head state agencies can serve without Senate confirmation for one year. Gourley, appointed last Jan. 10, will have to leave his $112,870-a-year-post if the full Senate does not approve him.

During Wednesday’s meeting of the Rules Committee, a number of people, including Sen. Richard Polanco (D-Los Angeles) testified in support of Gourley.

But Paul Gerowitz, representing Protection & Advocacy Inc., testified that the group, which works to protect the rights of people with disabilities, would oppose Gourley’s confirmation unless the state drops its appeal.

Patricia McPartland, of Californians for Disability Rights Inc., said her group sent a letter to Gourley last month stating that it would be inclined to withdraw its opposition to his appointment if he agreed to urge Davis to take a number of actions.

Those include putting the $20 million that the DMV estimates it would spend refunding the placard fees into an interest-earning fund. The interest would pay for grants to local governments for enforcement of accessible parking, among other uses.

Gourley told committee members that he looked forward to working with McPartland’s group and advocating for it on the issues laid out in the letter. But McPartland testified against Gourley’s appointment on Wednesday.

“We’re still concerned about what’s going to happen now,” McPartland said after the committee’s 5-0 vote.