Tag: Peter Rogoff

Sound Transit Keeps Punitive Fare Enforcement Options on the Table

Sound Transit board member Joe McDermott, legislating from his basement bunker

by Erica C. Barnett

A committee of the Sound Transit board passed a proposal to temporarily suspend citations for fare nonpayment while it conducts a “fare enforcement ambassador pilot” program, but rejected a proposal to decriminalize nonpayment completely after board chair Kent Keel argued that without criminal charges as a deterrent, some miscreants will avoid paying fares as a way to “get one over” on Sound Transit.

The proposed change was part of a motion from Sound Transit board member Joe McDermott directing Sound Transit CEO Peter Rogoff to recommend improvements to the agency’s fare enforcement policies by 2022. McDermott’s original motion would have said that the agency “must” recommend some of those changes, which also included lower fines and more warnings before fare officers issue a citation; Keel’s amendment changed the language to say that staff “should” include those recommendations in a list that may also include “alternate approaches resulting from community engagement and pilot program findings.”

Keel’s arguments came out of his own personal experience, but they also echoed an unusual memo Sound Transit CEO Peter Rogoff wrote at Keel’s request last week, laying out the “staff” case against taking fare nonpayment out of the criminal justice system. The memo reads, in part: “Most importantly, the staff is concerned with directives in section 3 that seek to predetermine the outcome of our community engagement and pilot program by dictating the measures staff “must” recommend to the Board at the conclusion of the process. Rather than specifying details that the future recommended policy must include, staff suggests in section 3 to replace “must” with “should consider.” 

This is extremely similar to the language Keel added to the suggesting close coordination between the Sound Transit board chair and the agency’s director—who has frequently raised objections to proposals that would reduce penalties for nonpayment—on a matter of contentious, hotly disputed policy.

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McDermott told PubliCola he saw the memo over the weekend, but was blindsided by Keel’s introduction of an amendment adopting Rogoff’s recommendations. “I wasn’t surprised to hear [Keel oppose decriminalization]. I understand that he believes civil infractions and possible court involvement are central elements of fare enforcement,” McDermott said yesterday, but “the language, and that it was written as an amendment—I didn’t know about that until today.”

Before the committee voted, Keel said that his own experience “as a young Black male” made him understand that a lot of people will try to “get over” on the system if there are no penalties for doing so. “There is a growing group of people that are just trying to get over,” he said, and other people who would ordinarily pay their fare see that behavior and follow suit. Judges and juries, he continued, could tell the difference between people who truly couldn’t afford to pay and those who are “just trying to get over.” Continue reading “Sound Transit Keeps Punitive Fare Enforcement Options on the Table”

Morning Fizz: Some Good Budget News, a Durkan Departure, and Putting Fare Evasion in Context

1. Last month, Sound Transit CEO Peter Rogoff scoffed at the suggestion that the regional transit agency should stop sending riders to court over unpaid fines for fare evasion, arguing that efforts by King County Metro to offer alternative dispute resolution options have been a failure. “Within King County, some 90 percent of [alternative resolution participants] never show up for their appointment and then nothing becomes of those cases, which is to say that there is no consequence for persistent violators in that circumstance,” Rogoff said.

Rogoff’s number is correct—of the 4,039 fare violations Metro recorded in 2019, 403 were resolved (meaning that the person either paid a fine directly to Metro, added money to their ORCA card in lieu of a fine, or used another alternative resolution route), according to Metro’s latest fare violation report, issued last April. However, that statement is missing some important context about the mission and purpose of transit. And it ignores the fact that a 10 percent resolution rate actually represents a significant improvement over the previous resolution rate of just 3 percent under the previous, punitive system, in which all unpaid fines went to court and collections.

Fare enforcement has been a contentious issue for Sound Transit, where failure to provide proof of payment to fare inspection officers can result in a $124 fine plus late fees, damage to credit, and even misdemeanor charges if a rider fails to pay their fine. The agency has agreed to make some changes to its policies, including new uniforms, clearer signage, additional warnings, and lower fines.

But they have resisted adopting alternative resolution options for people who can’t pay, arguing that this concession would reduce revenues as people realized there was no real penalty for nonpayment, raising costs to taxpayers and potentially impacting future capital projects or service. (For perspective, fare evasion cost Sound Transit, on net, around $550,000 last year.)

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The debate over fare evasion is really about the purpose of transit and the mission of transit agencies.

Metro spokesman Jeff Switzer says the agency’s fare enforcement policy isn’t primarily about fare revenue at all. In taking fare enforcement out of the court system and offering alternatives to fines, “Our goal was to decriminalize fare evasion and work to get fare resources into riders’ hands,” while “reducing and minimizing harm to people and not involving law enforcement,” he said. This goal is reflected in Metro’s fare enforcement mission statement: “to help minimize King County Metro Fare Enforcement Program’s contribution to negative outcomes for some of King County Metro’s most vulnerable riders.”

“Our goal was to decriminalize fare evasion and work to get fare resources into riders’ hands,” while “reducing and minimizing harm to people and not involving law enforcement.” — Metro spokesman Jeff Switzer

But even Sound Transit’s more conventional fare enforcement mission—”to understand the impacts of our current program and develop recommendations that provide an equitable and customer-focused experience, including safety for all riders and integrity of decision making, while ensuring strong financial stewardship of taxpayer dollars—is still compatible with adopting a more lenient fare enforcement policy. That’s because in reality, few riders on either system actually fail to pay their fare.

Historically, Metro has set a fare evasion target of no more than 5 percent; in 2019, actual fare evasion on routes where Metro deploys fare enforcement officers averaged 4 percent, down from 5 percent the previous year. If the argument for sending people to court for failure to pay a $3 fare rests on the argument that not doing so will lead to rampant fare evasion, Metro’s example is showing that, so far at least, this worst-case scenario has not come to pass.

2. The city council and Mayor Jenny Durkan got some good budget news for once on Monday, when the city budget office issued a new revenue forecast for 2020 and 2021 that adds $36 million to the city’s general fund in 2020 and $32.5 million in 2021. The CBO attributed the new, higher projections to increased sales and business and occupation (B&O) taxes between July and September, “driven by significant improvement in the national and regional economic forecasts, particularly employment, personal income and personal outlays.” Continue reading “Morning Fizz: Some Good Budget News, a Durkan Departure, and Putting Fare Evasion in Context”

Morning Fizz: What Is Transit For?

Mockup of new, clearer signage Sound Transit has proposed to reduce fare evasion and errors

1. Sound Transit board members had some pointed questions for agency CEO Peter Rogoff on Thursday, when staffers presented the agency’s plan to address concerns about fare enforcement to the board.

The proposed changes, which come after months of community outreach and both onboard and online surveys, include new signage that will indicate more clearly that people must pay fare in order to enter light rail stations; reduced fines for people who still fail to pay their fare; more warnings before a rider receives a fine; and new, in-house “fare education ambassadors” who will replace the private security guards who currently check fares and issue citation.

Board members, including Joe McDermott (West Seattle), Claudia Balducci (Bellevue), Victoria Woodards (Tacoma), Dave Upthegrove (Federal Way), and Seattle mayor Jenny Durkan, wanted to know why Sound Transit staff have not proposed taking fare evasion and fines out of the court system, as King County Metro has done. Failure to pay fare on Sound Transit’s system, which includes Link Light Rail as well as express buses and Sounder trains, can result in a $124 fine plus late payments and potential criminal penalties if a rider does not pay the penalty. Unpaid fines can end up in collections and can damage a rider’s credit for years.

What would it take, Balducci asked, to get the staff to take requests from board members seriously and come up with a plan that didn’t expose riders to financial hardship and a potential criminal record for failing to pay a $3 fare?

“The challenge we have is figuring out for those folks who are persistent fare violators and are not among those classes that I just cited—people who clearly are economically distressed or are drug-addicted or homeless—what, then, do we do, if not the courts?” Rogoff said.

It’s unclear exactly how many people fit into the category of “persistent fare violators” that Rogoff described. According to Sound Transit spokeswoman Rachelle Cunningham, about 7.6 percent of riders did not pay their fares in October. (Sound Transit has been charging fares since July, after making rides free for several months in response to the COVID-19 epidemic. Currently, fare enforcement officers do not scan riders’ cards individually to see if they’ve paid their fare; instead, they ask riders to show that they have a card or a ticket.)

“Fares are critical to pay for transit services, and Peter’s comments referenced concerns about the potential level of non-compliance that could result if penalties were reduced to the point that it became known over time that there was little or no consequence for fare evasion,” Cunningham said. “The result of that would be increased costs for taxpayers and potential impacts on projects and services. It can be reasonably assumed that some segment of riders, potentially increasing over time, would respond with chronic fare evasion.”

But there may be an additional reason Sound Transit is so reluctant to bring fare evasion penalties in-house. “State law vests the District Court with exclusive jurisdiction to impose fines for fare evasion infractions,” Cunningham says. In other words: The state legislation that created the agency establishes that failing to pay fare is a civil infraction that must go through district court. Taking fare enforcement out of the jurisdiction of local courts might require a change in state law. Historically, Sound Transit has tried to avoid reopening its authorizing legislation, since Republican legislators have tried to change it in the past to, for example, make Sound Transit’s board an elected body.

“Difficult” is not the same thing as “impossible.” But any major changes to Sound Transit’s fare enforcement policy would require a significant shift in thinking at the agency about its mission as well as the reasons people don’t pay fares. Rogoff’s response indicated that his longstanding position on “fare evasion”—a concept that implies conscious ill intent, if not outright criminality—has not changed, even as the political environment in Seattle and across the country undergoes a seismic shift.

At a time when agencies at all levels of government are working to undo and prevent future harm to Black, Indigenous, and people of color (BIPOC) communities, Rogoff is still drawing distinct lines between the people who don’t deserve to get caught up in the criminal justice system—”someone who’s poor… someone who’s homeless, someone who’s drug-addicted”—and the modern-day turnstile jumpers who will keep robbing the system unless there are harsh consequences when they do.

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During yesterday’s meeting, Rogoff suggested that King County’s alternative fine resolution program, which is intended for people who can’t pay that agency’s $50 maximum fine, has been something of a failure. “Within King County, some 90 percent of [alternative resolution participants] never show up for their appointment and then nothing becomes of those cases, which is to say that there is no consequence for persistent violators in that circumstance,” Rogoff said. “We need a better mousetrap, and we’re trying to figure that out with the community and with King County Metro.” Continue reading “Morning Fizz: What Is Transit For?”

Sound Transit Emails Show Agency Scrambling to Spin September Fare Enforcement Controversy

Last September, after activist and schoolteacher Jesse Hagopian posted a photo that appeared to show Sound Transit fare enforcement officers ticketing kids on the first day school, the transit agency went on the defensive. First, Sound Transit’s social media manager, Bruce Gray (who is white), issued a tone-deaf tweet suggesting that his kids had no issues with fare enforcement because they used the one-day paper passes distributed to parents before school started. (The passes gave every student a free ride to school, where they would pick up free ORCA transit passes through the new ORCA for All program.)

As the blowback continued, Sound Transit kept tweeting, explaining first that the agency’s fare enforcement officers were “not issuing formal warnings or citations,” then adding, in a more exasperated tone, that although “[n]o riders of any age are ever ticketed without getting a warning within the previous 12 months[,] today we are not even issuing the formal warnings to students.” The next day, Sound Transit CEO Peter Rogoff went further, saying in a statement that fare officers had been told to issue only “informal warnings,” which “were not recorded and will not affect the student’s enforcement record in the future.”

After a day of negative press, it’s understandable that the agency would want to set the record straight: No tickets, no warnings, no documentation.

However, documents obtained through a records request reveal that fare enforcement officers actually did issue more than a dozen formal warnings to school-aged kids throughout the day, including nine during and immediately before and after school hours. Moreover, there was considerable internal debate at Sound Transit over what “informal warnings” were (staffers appeared to be hearing the term for the first time as the story blew up), as well as pushback over Rogoff’s public response, which some within the agency appeared to regard as tone-deaf to concerns about the racial impact of fare enforcement.

Sound Transit issued more than a dozen formal warnings to kids on the first day of school despite insisting that fare enforcement officers were told to give only “informal warnings.” Formal warnings are the precursor to citations, which come with a $124 fine and the potential for a criminal record if the fine isn’t paid.

Sound Transit says a verbal notice went out to officers in the morning that they should not ticket or give warnings to students on the first day of school. However, it wasn’t until almost 2:30 in the afternoon‚ shortly before school let out, that fare enforcement manager Michael Patricelli sent an email to fare enforcement officers directing them to “simply educate … juveniles [without fare] and move on” rather than recording their information in Sound Transit’s system. “If you documented a warning or infraction for a juvenile today during school times (0600-1800/Sept. 4th) I need you to submit at void form stating ‘voiding juvenile contact per management,” Patricelli wrote.

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And it wasn’t until seven hours later, at 9:30 on the night of the September 4, that a Sound Transit staffer, Ann Snell McNeil, suggested that the agency start using the term “informal warning” to describe the warnings students received from fare fare enforcement officers that day. “[I] suggest adding reference to ‘informal warning’ when talking about the education effort and that the informal warning might have been mistaken for a formal warning [by riders]….since the same steps were taken by the FOE (ie, photographing the ID which could result in the perception by students of being entered into our tracking system),” McNeil wrote. The term elicited a confused response from Office of Equal Employment Opportunity director Jackie Martinez-Vasquez, who responded, “As I stated earlier, this is the first time I [have] hear[d] of this term/process.” Continue reading “Sound Transit Emails Show Agency Scrambling to Spin September Fare Enforcement Controversy”

Light Rail Riders Will Have to Switch Trains to Get Through Downtown Tunnel During East Link Construction

Sound Transit light rail riders traveling through the downtown Seattle transit tunnel will have to switch trains on a new, temporary center platform at the Pioneer Square station for ten weeks in early 2020 to accommodate construction to move tracks and install switches for the new East Link train line, which opens in 2023, into the existing rail system. During those ten weeks, people traveling through the tunnel in either direction will stop at Pioneer Square, deboard on a 14-foot-wide platform in the middle of the tunnel, and switch to the train that has just arrived from the opposite direction. After two minutes—an amount of time Sound Transit planners say is necessary to allow passengers on each train to get across the platform and reboard, and for train drivers to get from one end of the train to the other—the trains will continue in the same direction from which they came.

Sound Transit staffers said train doors will not open until another train has arrived from the opposite direction, to prevent riders from succumbing to the “temptation” to rush across the open trackway to the opposite station platform. The temporary center platform will be staffed with security and Sound Transit wayfinding staff during all hours when trains are running.

“This is a necessary inconvenience so we can enjoy the massive convenience of having access to 10 stations on the Eastside in 2023.” – Sound Transit CEO Peter Rogoff

If you have trouble visualizing how this would work, Sound Transit has created a couple of animations that I found extremely helpful. Essentially, trains that go to the University District station will be traveling to Pioneer Square and turning back, and trains coming from Angle Lake and the airport will be doing the same thing from the south. Four stations will operate with only one platform at a time during construction—Stadium, Chinatown/ID, University, and Westlake.

Additionally, the tunnel will be shut down altogether for three weekends during the construction period; during that time, riders will have to transfer to street-level buses between the Westlake and SoDo stations.

While construction is going on, four-car trains will operate at 12-minute frequencies all day (currently, Sound Transit runs three-car trains more frequently during rush hour and less often when demand is lower.) The result will be more crowding during busy periods—trains will have about 23 percent less capacity during the weekday peak—and less crowding during off hours, when there will be 11 percent more room for riders to spread out. Sound Transit staffers say they’re working on a plan to accommodate bikes and luggage when trains are more crowded than usual.

At a meeting of Sound Transit’s newly christened Rider Experience and Operations Committee meeting Thursday, Sound Transit CEO Peter Rogoff called the 10-week partial closure “a necessary inconvenience so we can enjoy the massive convenience of having access to 10 stations on the Eastside in 2023,” and predicted that riders would “scarcely remember the inconvenience of the 10 weeks in 2020, given the benefits that the whole region will get when East Link is done.”

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Morning Crank: “Unacceptable By Any Measure”

Image result for escalator broken temporarily stairs

1. At Sound Transit’s board meeting Thursday, agency CEO Peter Rogoff said the 40-minute waits many commuters experiencing when escalators at the University of Washington light rail station stopped working last Friday were “unacceptable by any measure.” Sound Transit wouldn’t let commuters use the stalled escalators as stairs—a common practice in other transit systems across the country—because they said the variable stair height on the escalators could result in people tripping. “This resulted in painfully long lines for our customers and rightly resulted in numerous customer complaints,” Rogoff summarized, adding that Sound Transit staff would come back to the board’s operations and administration committee with a set of “remedies” on April 5.

At the same meeting, board members also approved a set of performance objectives for Rogoff, including the development of a “Leadership Development Plan” for Rogoff in collaboration with a panel consisting of board members Nancy Backus, Paul Roberts, and Ron Lucas—the mayor of Auburn, mayor pro tem of Everett, and mayor of Steilacoom, respectively. The board mandated the plan at its last meeting, after (mildly) chiding Rogoff for his alleged behavior toward agency employees, which included looking women up and down and giving them “elevator eyes,” using racially insensitive language, shoving chairs, and yelling and swearing at employees. At that meeting, the board declined to give Rogoff a $30,000 bonus but did grant him a five-percent “cost-of-living” raise, bringing his salary to more than $328,000.

Several board members, including Seattle city council member Rob Johnson, expressed concern about a potential lack of transparency around the development of the plan, but no one raised any objections over the adequacy of the guidelines themselves, which include vague directives such as “Continue to enhance leadership skills, including the areas of active listening, self-awareness, and relationship building” and “develop specific action plans, performance expectation targets, and measurements to improve leadership abilities in these areas.” Last month, Johnson and Mayor Jenny Durkan were the only votes against the plan for Rogoff’s rehabilitation, which they both deemed inadequate given the seriousness of the allegations against him.

2. A petition to begin the process of removing Bailey Stober as chair of the King County Democrats has enough signatures to move the process to the next step: Holding a meeting of all the precinct committee officers (PCOs) in the county to vote on whether to remove Stober, who is under investigation for allegations of sexual harassment and financial misconduct. However, dozens of PCOs who have been appointed but not yet approved by Stober may be unable to vote, including nearly a dozen “pending” PCOs who have signed an open letter calling on Stober to resign.

On Monday, the group’s executive board agreed to hold a meeting to discuss the financial misconduct allegations against Stober; the petition will be presented at that meeting. On Tuesday, Stober said he planned to make an “announcement pertinent to our organization” during his report at the beginning of the meeting. Some in the group have speculated that he may attempt to present “evidence” in a separate harassment case against him that would cast his alleged victim—a former employee whom Stober fired—and her supporters in an unflattering light, and then resign.

One hundred twenty-two appointed PCOs remain in “pending” status waiting for Stober to sign off on their appointments, which is one of the duties of the King County party chair. Some have been waiting for more than a year for Stober’s approval.

3. Meanwhile, Stober has lost his legal representation in a separate case stemming from alleged campaign-finance violations in his 2015 run for Kent City Council.  The firm that was representing him, Schwerin Campbell Barnard Iglitzen & Lavitt, filed a petition formally removing themselves from the case on March 8. The state Attorney General’s Office (AGO) has been attempting to get documents from Stober for nearly a year in a case related to two citizen actions filed by conservative activist Glen Morgan; the first accuses Stober of using campaign funds for personal use and other campaign-finance violations, and the second alleges that Stober campaigned for other candidates on public time (in his role as King County Dems chair) while on the clock as spokesman for King County Assessor John Arthur Wilson. Last June, the AGO issued a press release announcing it was seeking an order forcing Stober to hand over the documents; although that request was granted, subsequent court records reveal that the AGO was (at least initially) unable to serve Stober at his home (where the lights were on and a car was in the driveway but no one answered) or his office (where the process server was told Stober was on vacation.)

Dmitri Iglitzen, a partner at the firm, declined to comment on why his firm decided to stop representing Stober, citing attorney-client privilege, but did say that the firm has “at no time billed King County Democrats (or any other entity) for legal services related to our representation of Mr. Stober” and “at no time has provided legal services to Mr. Stober on a pro bono basis.” In other words, Stober was (or was supposed to be) paying them for their services. Iglitzen declined to say whether nonpayment was an issue in his firm’s decision to cut ties with Stober.

Stober, who ran for the Kent Council three times, has already been fined $4,000 for campaign disclosure violations related to his 2011 and 2013 campaigns for the position.

4. On Wednesday, the city council’s Planning, Land Use and Zoning committee finally approved legislation that will lift parking mandates, require more bike parking at new buildings, and require developers of large buildings to “unbundle” the cost of parking and rent by charging separately for each, on Wednesday, although one controversial provision will be back on the docket at Monday’s full council meeting.

Council member Lisa Herbold raised objections to several changes made by the legislation, including the unbundling provision (she worried that renters would choose not to rent parking and just park on the street); a new definition of “frequent transit service” that allows apartments without parking within a quarter-mile of bus routes that run, on average, every 15 minutes; and a provision removing parking mandates for affordable housing and one lowering the mandate for senior housing.

Most of Herbold’s amendments were unsuccessful, although she did manage to pass one that will impose a special parking mandate on new buildings near the Fauntleroy ferry dock. (Council member Mike O’Brien voted against that proposal, arguing that that there were ways to prevent ferry riders from parking in the neighborhood that did not involve requiring developers to build one parking space for every unit so close to a frequent bus line, the RapidRide C). When the full council takes up the legislation Monday, Herbold said she plans to reintroduce just one amendment: A proposal that would allow the city to impose “mitigation” requirements under the State Environmental Policy Act on new developments in neighborhoods where more than 85 percent of parking spaces are routinely occupied. Those measures could include site-specific parking mandates or provisions barring renters at a new development from obtaining residential parking zone permits to park on the street (currently, RPZ permits are available to all city residents.)

Both Johnson and O’Brien objected that the purpose of environmental mitigation under SEPA is to mitigate against the negative environmental impacts of projects, not build new parking lots for cars. O’Brien pointed to the well-documented phenomenon of induced demand—the principle that adding more parking spaces or highway lanes simply leads people to drive more. Herbold countered that driving around searching for parking has an environmental impact, an argument that equates the minuscule climate impact of circling the block for a minute to that of purchasing and driving a car because your neighborhood has plenty of free parking. “We should be reverse engineering” our existing urban landscape, Johnson argued, “and requiring more green space instead of more asphalt.”

The council will take up the parking reform legislation, and Herbold’s amendment, on Monday at 2pm.

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