Tag: Peter Rogoff

Sound Transit CEO Rogoff Out Next Year, Labor Council Wades Into Sawant Fray, 43rd Democrats Divided on Dow

1. Learn to trust the Fizz: Sound Transit CEO Peter Rogoff will leave the agency next spring. On Thursday, Sound Transit board members voted to approve the terms of Rogoff’s departure and queuing up a national search for his replacement.

The announcement came two weeks after the board removed what had seemed to be a standard one-year renewal of Rogoff’s contract from their regular agenda, after a nearly two-hour executive session in which board members discussed his performance as director of the agency. Board members also retreated to a lengthy executive session during Thursday’s meeting before emerging with the news that Rogoff “did not foresee continuing in his role,” in the words of board chair Kent Keel.

As PubliCola reported in early September, board members have spent the last month discussing whether to renew Rogoff’s contract, raising questions about Rogoff’s leadership style as well as large cost increases—largely for property acquisition—that forced the board to adopt a “realignment” plan for the voter-approved Sound Transit 3 package earlier this year. Mayor Jenny Durkan King County Council member Claudia Balducci, and King County Executive Dow Constantine are among the board members who brought up concerns publicly and internally.

According to a report by an independent consultant, Triunity, the cost increases were worsened by the fact that various divisions of the agency didn’t communicate with each other, thanks to a “siloed” organizational structure and a culture of keeping bad news under wraps. Another issue: Sound Transit, under Rogoff’s leadership, has been slow to make decisions that could reduce costs, such as choosing a single preferred alignment for light rail expansion instead of continuing to study many different options.

Durkan, one of two board members to vote against retaining Rogoff after allegations that he acted inappropriately around female staff, did not join in the round of praise for Rogoff that followed the board vote Thursday. After a round of effusive praise for Rogoff (Auburn Mayor Nancy Backus: “We should be very grateful as a board and a region for his expertise and skills”), Balducci’s comments focused mostly on Rogoff’s early years at the agency, calling him a steady hand when the agency was struggling to get its bearings

“We were trying… to build this incredibly ambitious and future-looking transit plan, to finally meet the promise of what we have needed and wanted in this region for over 50 years,” Balducci said. “Peter stepped in in the middle of that and quickly got his bearings and helped to bring us home.”

Rogoff will receive severance worth one year’s salary, plus unused vacation time and other benefits outlined in his contract. Speaking after the vote, Rogoff said he has found the job “simultaneously exhilarating and exhausting,” sometimes leaning more toward the latter. “I will continue to be the loudest cheerleader for Sound Transit’s staff and all of their accomplishments even after I step to the sidelines next year,” he said.

2. The King County Labor Council, which represents around 150 unions in King County, tweeted on Thursday urging Seattle City Councilmember Kshama Sawant to stop “meddling” and “interfering” in the internal business of the Pacific Northwest Carpenters Union, which is currently on strike over a contract that a majority of members rejected over issues including pay, contract length, and parking reimbursements. “Ask how you can support instead of being a nuisance,” the Labor Council said.

Sawant began inserting herself into the debate earlier this month, when she issued statements and held a rally urging union members to vote “no” on the contract. Union leaders, including the head of the anti-Sawant Building Trades Union as well as the Carpenters’ Union itself, have repeatedly asked Sawant to stay out of their negotiations. “[N]o politician should be meddling in a private sector union contract negotiation,” Washington State Building Trades vice president Chris McClaine said. “It only helps those who want to destroy worker unions and take money out of workers’ paychecks.”

This week, Sawant issued a flurry of statements supporting the strike, touting her own promise to contribute $10,000 (up from an initial pledge of $2,000) to the carpenters’ strike fund, and showcasing a letter of support from several dozen carpenters’ union members for “stepp[ing] forward in solidarity” with the strike. The $10,000 pledge will come from the Sawant Solidarity Fund, which supports various political efforts and campaigns.

Sawant also said this week that she will introduce legislation to “require construction contractors to fully pay for workers’ parking costs, strengthen enforcement and penalties for wage theft, and restore [the] right to strike” at sites with a project labor agreement (PLA)—a bargained agreement between the union and contractors that prohibits workers from walking off the job. PLA sites in Seattle include the NHL hockey arena, the downtown convention center, and Sound Transit’s ongoing light rail construction.

It’s unclear when Sawant plans to introduce the legislation or what mechanism it would contain for requiring specific parking reimbursements, which are currently included in union contracts, not dictated by legislation.

3. The 43rd Legislative District Democrats failed to reach an endorsement for King County Executive at their endorsement meeting Tuesday night, a victory of sorts for incumbent Dow Constantine after a series of landslide votes for lefty candidates in other races. Constantine received a little over 43 percent of the vote to his challenger, state Sen. Joe Nguyen’s, 54 percent.

That may not seem like a blowout, but compared to the district’s sweeping support for other progressive candidates—city attorney candidate Nicole Thomas Kennedy, City Council candidate Nikkita Oliver, and mayoral candidate Lorena González all received first-round votes of at least 75 percent—Nguyen’s 54 percent showing looked limp.

“We cannot wait for the status quo to solve the problems that have been impacting us for decades and they especially won’t be solved by those who helped create them,” Nguyen said before the vote. Constantine responded to this by highlighting the county’s work responding to the COVID pandemic, including the imposition of a countywide vaccine mandate for indoor and large outdoor events. “This is the kind of difficult work that real leaders do. I’ve never been much for bluster,” Constantine said.

Sound Transit CEO’s Contract Renewal Delayed as Board Discusses Job Performance

According to a new report, Sound Transit's decision to keep many alternatives on the table contributed to cost increases for the West Seattle-Ballard light rail expansion.
According to a new report, Sound Transit’s decision to keep many alternatives on the table contributed to cost increases for the West Seattle-Ballard light rail expansion.

By Erica C. Barnett

Sound Transit CEO Peter Rogoff, whose three-year contract is up for its first one-year renewal this year, is reportedly facing internal criticism from Sound Transit board members who have felt blindsided by revelations over the past year and a half that the Sound Transit 3 program, which includes light rail to West Seattle and Ballard, will cost far more than originally estimated.

Last week, the board met in executive (closed) session for nearly two hours before returning and, without explanation, removing Rogoff’s contract renewal from the agenda. The board has until the end of September to decide whether to renew Rogoff’s contract, although Rogoff himself can extend that timeline by requesting an additional month for board consideration.

Board members have raised concerns in the past about Rogoff’s on-the-job behavior, including alleged inappropriate behavior toward female employees and an abrasive communications style, and the board agreed in 2018 to pay for a $550-an-hour coach to improve his approach to leading the agency. What’s in question now, though, is his job performance.

For the first several years of Rogoff’s time as CEO, the high-profile elements of his job included passing the ST3 ballot measure and amassing federal funds for the agency during the Trump presidency, a time of great uncertainty for transit agencies. Now, the job is more about planning and implementation—building the system voters adopted on time and on budget (and more quotidian stuff like making sure elevators and escalators are usually in working order).

The report also concludes Sound Transit has a “cultural problem about not wanting to deliver bad news or daylight issues in a timely manner,” keeping board members in the dark and delaying action when things go wrong.

Over the past two years, the cost to build ST3 has ballooned, compromising Sound Transit’s ability to complete the program as planned. Last month, the board adopted a “realignment” strategy that calls for moving ahead with the projects in ST3 on a delayed schedule, but accelerating projects in a predetermined order if there are sufficient revenues to pay for them.

A new report on the agency’s cost estimating practices, which the board received earlier this month, hints at some board members’ concerns. The report, by Denver-based Triunity Inc, concludes that under Rogoff’s leadership, Sound Transit has been slow to make crucial decisions that could reduce costs (such as choosing a preferred alignment for light rail expansion), that “siloed” divisions within the agency failed to talk to each other while developing alignment alternatives, and that staffers are reluctant to share concerns with the board because of Sound Transit’s culture of keeping bad news under wraps.

For example, according to the report, the managers of the West Seattle-Ballard Light Rail Extension division didn’t communicate well the division that acquires property for construction and right-of-way. Ultimately, the report concludes, that lack of communication, as well as understaffing in Sound Transit’s right-of-way division, contributed to higher-than-expected land acquisition costs. 

“We have to figure out how to make a safe space at the staff level, [for staff] to know that they can raise challenges. There’s a lot of work to be done.”—Sound Transit board member Claudia Balducci

The report also concludes Sound Transit has a “cultural problem about not wanting to deliver bad news or daylight issues in a timely manner,” keeping board members in the dark and delaying action when things go wrong. “The daylighting issues on [the West Seattle-Ballard extension] have been significant and it is unclear to staff at times how, when, and where to daylight issues to agency leadership when scope, schedule, or budget change,” the report says. “There is a lack of an appropriate forum for communicating these issues with ST leadership on a regular basis and availability of time from leadership is limited due to other priorities or duties. This impacts crucial decision making for ST leadership and the Board.” Continue reading “Sound Transit CEO’s Contract Renewal Delayed as Board Discusses Job Performance”

Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives

1. The Washington State Supreme Court ruled unanimously on Wednesday that the court will not consider former Seattle police officer Adley Shepherd’s appeal of an earlier Court of Appeals decision that upheld his termination from the Seattle Police Department in 2016. The ruling ends a protracted legal battle with the city of Seattle that has loomed over the past half-decade of police accountability reform efforts in the city.

Former Seattle Police Chief Kathleen O’Toole fired Shepherd for punching a woman while she was handcuffed in the back of a patrol car during a late-night arrest in June 2014. Shepherd and his union, the Seattle Police Officers’ Guild (SPOG), appealed her decision to an arbitrator, who sided with Shepherd, directing SPD to re-hire him and offer back pay.

Seattle City Attorney Pete Holmes stood by Shepherd’s firing, asking the King County Superior Court to vacate the arbitrator’s decision—a rare challenge to the authority of arbitrators in police disciplinary cases, whose decisions are typically final. The city prevailed in both superior Court and the Court of Appeals, setting the stage for a longer-term struggle with the city’s police unions to limit arbitrators’ power to overturn disciplinary decisions made by police department leaders.

2. In an unusual move, the executive committee of the Sound Transit board decided to delay approving a one-year contract extension for agency CEO Peter Rogoff Thursday. The committee went into closed executive session for more than an hour before coming back into public session and bumping Rogoff’s contract renewal from the agenda. Rogoff makes a base salary of around $380,000 a year.

Sound Transit has spent the past 17 months debating the best way to cut costs in response to budget shortfalls and higher-than-anticipated cost estimates for key components of Sound Transit 3, the regional light rail and bus system expansion voters approved in 2016. After a number of tense public meetings, which included Rogoff, the board ultimately adopted a compromise plan spearheaded by King County Council member Claudia Balducci that would accelerate projects in order of priority if more funds become available in the future.

Because the discussion happened in executive session, no one is talking about what the committee discussed. Sound Transit spokesman Geoff Patrick, speaking on behalf of board chair (and a University Place council member ) Kent Keel, said, “following the committee’s discussion in executive session today, the full Sound Transit Board will continue discussion of the contract at its September meeting,” on September 23.

“Chair Keel emphasized his responsibility to honor the confidentiality that always surrounds the contract review process prior to when the Board discusses its action in open session, and that nothing further can be shared at this time,” Patrick said.

3. Mark Mullens, the only police officer on Seattle’s Community Police Commission, was unusually vocal during a question-and-answer with Office of Police Accountability (OPA) Director Andrew Myerberg during Wednesday’s commission meeting. Myerberg came to the meeting to address the OPA’s investigation into the fatal shooting of 57-year-old Terry Caver by Seattle police officer Christopher Gregorio last May. After the OPA concluded that Gregorio failed to de-escalate during his confrontation with Caver, Interim Seattle Police Chief suspended Gregorio for 20 days and transferred him out of the department’s K9 unit—a rare outcome for police shootings in Seattle, which typically end without discipline. Continue reading “Court Upholds Firing of Cop Who Punched Handcuffed Woman, Sound Transit Board Delays CEO’s Contract Renewal, Debate Continues Over Disarming Suspects with Knives”

Financial Crisis Forces Sound Transit to Consider Tough, Complicated Choices

By Erica C. Barnett

Over the past few months, Sound Transit, the regional agency tasked with building light rail to Ballard and West Seattle lines as well as extending the main light-rail “spine” to Everett and Tacoma, has been dealt a double blow of bad news. Last June, agency staff estimated that total revenues could fall short by $8 billion to $12 billion by 2041, the original end date of the Sound Transit 3 program voters approved in 2016. (More recent projections have adjusted that projection down slightly, to a range of $6.1 billion to $11.5 billion, but the numbers remain grim).

Then, earlier this month, Sound Transit announced that the cost to build the ST3 package, which includes elevated lines to West Seattle and Ballard, had increased by about $8 billion. The combination of the shortfall and cost inflation has created an “affordability gap” of about $11.5 billion.

Referring to the chart above, which shows a green line marked “ending balance” plummeting below zero beginning in 2029, Sound Transit board chair Kent Keel said last week, “I’ve never seen a chart where the budget dropped off the chart … so that’s pretty sobering for me.”

Keel made his comments during a board workshop on Sound Transit 3 “realignment” last Thursday, where the general outlines of two broad options emerged.

The first, which staff have dubbed the “expanded capacity” approach, would involve finding additional resources, such as grants, federal dollars, or new taxes, to boost Sound Transit’s revenues and make the newly inflated project possible. The second, called the “plan-required” approach, would involve some combination of delaying elements of the project, permanently reducing the scope of projects, and eliminating some projects altogether. According to a lengthy report on the options, this alternative would only come into play “in the event that new financial resources are not secured.”

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Presented with these conflicting options, several board members insisted that the solution was doing “both.” Seattle Mayor Jenny Durkan, for example, said, “We have to be working hard at what the resources we have, but [we also] have to look at what are other potential sources of revenues,” she said, adding, “Every time we pull the covers over ourselves, we fail ourselves. We have to be thinking of the future.”

To that end, the options Sound Transit CEO Peter Rogoff presented last week included: New federal funding; direct grants from the state; increasing the agency’s debt capacity; raising the rental car tax rate; purchasing lower-cost debt through federal loan programs; and increasing fares.

Most of these options come with significant caveats and downsides. For example, Sound Transit is already the nation’s largest Transportation Infrastructure Finance and Innovation Act borrower, making it less likely the agency will be approved for additional debt. Rental-car tax revenues are currently negligible because of the COVID-related decline in travel. And any increase to the agency’s debt capacity would require either 60 percent voter approval or a change to the Washington State Constitution (and would lower the agency’s credit rating, resulting in higher interest payments.)

Finally, Rogoff said, the likelihood of more federal grant funding is dampened somewhat by the fact that Sound Transit already receives one-tenth of the Federal Transit Agency’s grant funding nationwide; “We would certainly love to get a higher percentage of that program, and we certainly would love to get an additional program funded, but there is certainly a limit to what one transit agency can call on from that program, or at least there has been to date,” Rogoff said on Thursday.

Complicating matters are some of the six factors the board will use to decide how to prioritize voter-approved projects in light of the budget gap. For Seattle residents, two factors could end up working against the city’s projects, including light rail to Ballard and West Seattle.

The first is whether a project serves to “complete the spine” of regional light rail, meaning the central line that will eventually extend from Tacoma to Everett.  This portion of the plan requires the construction of a second downtown transit tunnel, but Sound Transit does not consider that tunnel part of the “spine.” Instead, the tunnel—which will also connect downtown to West Seattle and Ballard—is considered a Seattle-only project for planning purposes. (Sound Transit spokesman Geoff Patrick said the tunnel is funded regionally, the costs split between the three “subareas” within the Sound Transit taxing district). The upshot could be that when Sound Transit gets around to picking projects to delay or cut, West Seattle and Ballard could be first in line because Seattle already got a “Seattle” project in the form of a second downtown tunnel.

The second issue is equity—defined, for Sound Transit’s purposes, as how well a project serves low-income people, people of color, and people with disabilities within a one-mile radius of a project, such as a station. Although many ST3 projects scored low on equity, some of the worst were in Seattle. They included the West Seattle line (which scored medium-low), the downtown tunnel (medium-low) and the Ballard extension (low). This could bump these projects lower down the priority list.

Some board members argued that the definition of “equity” Sound Transit uses is narrow and self-defeating, since stations tend to raise property values (and prompt gentrification) in their immediate vicinity, driving down their equity scores even if they serve people from less-affluent, more diverse parts of town. For example, an infill station at NE 130th Street, in board member Debora Juarez’s Seattle City Council district, ranked low on the list, despite the fact that the station will serve people commuting into the area from elsewhere.

“I have a real problem with the equity” metric, because of the way it narrowly defines a station’s service area, Juarez said. “The whole point of having these stations is to get people to work, to the hospital,” Juarez said, referring to the UW Medical Center hospital near the station. “Taking three buses to get to the north end is ridiculous.”

The board isn’t expected to adopt a realignment plan until next summer, at the soonest. Although board chair Keel began a blue-sky discussion last week about how Sound Transit could cut costs or raise money—beginning with the rental-car tax, which would raise a negligible amount—board member Claudia Balducci, a King County Council member from Bellevue, cautioned against coming up with lists of cuts or new taxes before a thorough discussion.

“When we did this ten-plus years ago”—in the wake of the 2008-2010 recession—”we had a very deeply researched piece of documentation that was given to us with a lot of backup behind it,” Balducci, who first joined the Sound Transit board as Bellevue mayor in 2020, said. “I feel like we’re at that early stage of maybe trying to provide high-level feedback about the parameters around additional study that we want to see. … It feels like we’re rushing toward a solution when we haven’t identified the problems.”

 

Spike In Cost Estimates Raises Questions About Future of West Seattle-Ballard Light Rail

By Erica C. Barnett

The estimated cost of extending Seattle’s light rail system to Ballard and West Seattle, as well as several other components of the Sound Transit 3 plan adopted by voters in 2015, has risen dramatically since last year, Sound Transit staffers told the agency’s executive committee Wednesday. The main factors driving the increase, according to the agency, are higher than anticipated property acquisition costs, higher costs for labor and materials, and unanticipated “soft costs,” including additional funding for contingencies.

Overall, according to the staff presentation, the estimated cost to build the West Seattle-Ballard line and other aspects of the planned expansion, including a planned Tacoma Dome extension and a new operations and maintenance facility in South King County has increased by $7.9 billion, with the bulk of that—around $4.4 billion at the midrange of Sound Transit’s new estimates—coming from increased costs to build light rail between West Seattle and Ballard.

Sound Transit provided PubliCola a more detailed breakdown of the West Seattle-to-Ballard cost increases. The chart below represents the best-case (lowest-cost) scenario from the range Sound Transit released yesterday. The most dramatic percentage increase is in the elevated West Seattle to downtown segment, which Sound Transit attributed to the higher cost of property in quickly densifying West Seattle.

The main reason for the cost increases in general, Sound Transit deputy CEO Kimberly Farley said, was the cost of buying up property along the line. Property values have continued to skyrocket in Seattle and across the region despite the recession. Exacerbating that problem, Sound Transit will have to buy back an undisclosed number of buildings that are either currently under development or that have been developed since the ballot measure passed in 2015.

One of these is the Legacy at Fauntleroy mixed-use building, which will include more than 300 apartments and ground-floor commercial space. That building, and likely others, is on land that was upzoned in 2019 under Seattle’s Mandatory Housing Affordability program. The upzone, to 95 feet, went into effect in April 2019, making the seven-story project possible, and construction began three months later. The building is still under construction. PubliCola has a call out to the owner of the property.

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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

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During Wednesday’s meeting, board members and Sound Transit CEO Peter Rogoff hastened to emphasize that these huge unanticipated costs should be viewed as a challenge, not a disaster. “While these numbers are sobering, they’re not catastrophic,” Rogoff said. King County executive Dow Constantine added that the one certainty is that light rail will only get more, not less, expensive to build in the future. “This system would have been a lot easier to build 50 years ago,” he said—an allusion to the frequently referenced Forward Thrust plan that Puget Sound region voters rejected in 1968 and again in 1970.

Staffers noted Wednesday that it was possible to make some “protective acquisitions” of property to prevent huge spikes in property values along the line, but agency spokesman Geoff Patrick told PubliCola their power to do so is limited. “While public agencies can secure federal approval for protective acquisitions in some cases, most property acquisition must occur after environmental review processes are completed and the Board has adopted the final project to be built,” he said. “This occurs after completion of the draft and final environmental impact statements that are required for most major projects.” Continue reading “Spike In Cost Estimates Raises Questions About Future of West Seattle-Ballard Light Rail”

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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Being fully independent means that we cover the stories we consider most interesting and newsworthy, based on our own news judgment and feedback from readers about what matters to them, not what advertisers or corporate funders want us to write about. It also means that we need your support. So if you get something out of this site, consider giving something back by kicking in a few dollars a month, or making a one-time contribution, to help us keep doing this work. If you prefer to Venmo or write a check, our Support page includes information about those options. Thank you for your ongoing readership and support.

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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