Transit Security Council Meeting Minutes

FINAL

WSTA Transit Security Council Meeting
hosted by Pierce Transit
Tuesday, March 13, 2007, 10:00am – 12:00pm
Pierce Transit Building 5, Olympic Room

WSTA Transit Security Council Mission Statement

To review transit security information in an effort to advise Washington State Transit Agencies about training opportunities and the standardization of report procedures, codes of conduct, security plans, crime-reduction methods, and police/judicial cooperation.

Attendees:
Joan Cormany, Pierce Transit
John Harkins, Pierce Transit
Ray Hawkins, Pierce Transit
Geoffrey Getchman, Seattle Police Department
Sgt. Dave Redding, Pierce County Sheriff’s Dept.
Michelle Parvinen, WSTA
Captain Dave Jutilla, Metro Transit Police
Sheldon Breaux, Kitsap Transit
Barb Savary, WSDOT
Ken Cummins, Sound Transit
Dave Fairbanks, King County Metro
Jim Dusevoir, Amtrak Transit Police

Absent Members:
Sgt. Phillip Nichols, Snohomish County Sheriff’s Dept.
Lt. Rodney Rochon, Snohomish County Sheriff’s Dept.
Chuck Cox, King County Metro
Mike Burris, Community Transit
Rod Baker, Pierce Transit
James Tompkins, Department of Homeland Security
Don Burr, Community Transit
Roland Bradley, Metro Transit
Robert Isaman, WA State Emergency Management
Robert Muzzy, Whatcom Transportation Authority
Tracy Christianson, WSTIP
Phil Early, Intercity Transit

Minutes Taken By:
Beverly McCarter. Pierce Transit

Joan stated Rod would not be joining us as he has been dealing with the protesters at the ports over the weekend into early this week and would be coming in later in the day. Dave said the protesters have lost focus and they seem to be taking a stance against the police.

Call to Order:

Dave J. had everyone introduce themselves and passed around the roster for marking and corrections.

Minutes were reviewed and were accepted as is (with correction to Jim Dusevoir’s employment.)

Transit Security Fair Update – March 20 is the next planning meeting:

Dave feels this is one of the most important topics we are currently dealing with. It will be formally called the Bus System Safety and Security Conference.

Dave J. stated transit employees, supervisors, and managers for transit agencies throughout Washington and possibly in Oregon and Idaho should be invited to attend the conference. We are hoping to have 150-200 people. The complexity is trying to offer a program that fits everyone’s needs. He stated it needs to apply to both rural and urban transit agencies. We are trying to offer them tools they can take back to their agencies.

Michelle stated things are coming together nicely. Sponsorships are listed on the hand out. Michelle mentioned that John and Sheldon have been active participants in pulling this conference together.

Michelle asked if everyone has sent information on vendors out to Tracy, as she has not received any information?

Also, we have formally contracted with the Washington State Convention Center. Charles Douglas went along to verify we could get buses in the building. They discussed a mobile command center and bomb dogs and bomb tech. She passed around a budget and a draft of the schedule. She asked everyone to review this and make sure the areas they are interested in are being covered.

Defensive Tactics- Dan Hacker with Pierce County Sheriff would like to do 3 hours – but 1.5 of that would be physical demonstration – so John thinks not and has asked Hacker to discuss the legality for the first 1.5 hours and discuss just this.

Threat and Vulnerability – Rod will be presenting and he would like a security plan involved in this. Michelle agreed that this would be a great idea.

All Hazards – Barb has the details.

Grants – Group provided positive feedback on this idea. John will contact Bob Isaman.

NIMS – Tracy has the details on this. Joan said that the Pierce County Department of Emergency Management may be a good resource for this topic.

Joint Terrorism Taskforce– Bryce Storseth and JR Pewitt have told Dave they would commit to presenting. He asked that Michelle contact him if she does not hear back from them in the next week.

Securing Community Mobility – Michelle received a letter offering training (NTI) government grants, identifying threats to transit, and how do employees protect themselves and others.

Roundtable Discussion:

Sheldon drafted several topics. He stated it is a rough draft at this time. Sheldon discussed some of how they deal with unlawful bus conduct. He thinks dealing with suspicious packages is a big one and gave some examples of a middle-eastern woman who left an alarm clock on the bus. They responded when a passenger called the police (not the driver.) He stated his list of items are to have a discussion to see what we are doing in comparison to what other agencies are doing as well.

Ken asked about physical security planning, the process they use from looking at the designs to actually putting up the building. He stated it makes a big difference to get security in there early. Michelle thought this was a good idea and asked for his information.

There were questions about rail and ferry. Dave J. stated the consensus of the group is that this would be purely bus at this time and that we would incorporate rail and ferry transit safety components during future conferences.

Tracking Transit Crime – Dave Redding stated he would put something together regarding this subject.

Sheldon ordered 300 copies of “The Mark” for general distribution including pamphlets etc.

Jim asked if “All Hazards Approach” is the same class offered at three different times or progressive classes? Michelle stated they are progressive and she will make sure of this.

Demonstrations from Puget Sound Energy to discuss when power is down. PSE will give a demonstration of a neighborhood with the power lines and has a mini neighborhood with the phone poles and gives demonstrations of the hazards along with a video. The presentation is about 38 minutes long.

Dave stated PSE provided this training to the deputies, and it was very well received

Rudy Allen with Metro Transit has a mobile command unit and they would be bringing this as an example of what is available and what grant money can purchase.

Snohomish Sheriff will bring their bait car. Sgt. Dave Sorenson will do a presentation on the cost and demo the bait car.

Metro is working on its second / third generation of camera systems on coaches so we will bring one in and discuss different types of things to look for and look out for. David Fairbanks, MTP will be asked to present on this topic at the Conference by Dave J.

A Tactical SWAT Team from the KC Sheriff’s office to talk about tactical incidents.

Metro Transit police has a bomb dog and equipment. Deputy Tim Morgan and his partner Stevie will come in and talk about awareness of what employees observing suspicious packages.

Dave stated we still need support with vendors to come in and discuss or do demonstrations of their products so we can show people what is available.

Dave thanked everyone for all the work they have put into this.

Discussion of Unlawful Bus Conduct: Everyone is to gather information on relevant codes and statutes for all of the listed topics (in addition to any other standards they would like to discuss). We will share this information and discuss what has and has not worked for individual agencies.

Possession of Dangerous Weapons
Smoking Statute/Loitering
Suspensions
Fare Evasion

Dave stated we could spend a week talking about all these issues individually. He asked that everyone give feedback on prioritizing them for the group.

Jim asked about the RCW for medical marijuana and how do you tell if they are medically using it? Dave R. stated that this is supposed to be in the privacy of their home. Dave J. stated there is nothing in the law stating they are allowed to smoke it in the facility. Dave R and Dave J. (PC and KC) stated that if they caught a person smoking (marijuana or other) on transit property, they could arrest based on probable cause. Jim stated the biggest problem they have is on the platform.

Ken stated they are having troubles with the definition of a “Shelter”. He stated they are enforcing 25’ from their shelter, but Snohomish County is not counting these and Pierce Transit is. They are having difficulty with public entity. He said they are using this more as a contact method at this time. Dave stated this is what they do as well. Sheldon stated they have posted signs and this doesn’t seem to make a difference. Dave J. stated that smoking violations are enforced by KCMTP; however, it is not the highest priority of code of conduct issues that are focused on.

Dave Fairbanks stated the purpose of this was to have fewer dangerous weapons on the bus and to look at a bus the same way as a plane. Ken looked at using the same language they use in the airlines TSA. Dave J. stated they were looking at a simple word change in the RCW and it would be a big question regarding what type of support we could get out of legislature. Ken asked if this would include concealed weapons permit?

Dave asked that if any transit agency received a call regarding an armed person who just boarded the bus, how would they deal with it? Dave Fairbanks stated that when the operator made the call they would have an officer meet the bus and investigate the situation. He could be removed from the bus if he was intimidating to other passengers.

Jim said that Amtrak prohibits all weapons by internal policy and this is not enforceable in all the states they go in.

Sheldon asked if the operator uses a duress word or hit the emergency button if they are actually in danger? Ray stated that our operators use a duress word but it means that there is an armed person on the vehicle and this is useful.

Ken and Jim discussed re-enactment groups Civil War and Lewis and Clark and them brining long swords and Bowie knives on the bus. Dave J. stated that the State of Washington is considered an open carry state and if the people have a weapon in open, there is no probable cause to arrest.

Dave J. passed around a training module on the open carry policy in the State of Washington. He asked if WSTA would move ahead to make an amendment to the RCW, how will this affect us? Consensus opinion from the group reflected that no person should be allowed to take a dangerous weapon on a mass transit facility or vehicle. Jim suggested we need to make sure we are defining what a dangerous weapon is.

Also it would be unlawful unless they were an authorized safety person or a person with a concealed weapons permit. Jim stated that police officers are exempt from permits, but he has an issue with who is issuing the permit. Dave asked about whether rifles or shotguns in cases count? Jim asked about what if they don’t have a concealed weapons permit? Dave stated the weapon must be in a separate location of the bullets the gun must not be loaded and the gun must be out of the lunge area.

Dave stated it is unlawful to bring and use / direct the beam of a laser pointer on the bus in King County and we don’t have to show intent to harm. Joan asked how this was prompted? Dave stated this became popular and kids were pointing them at the operators and were burning operators eyes and it is considered an assault because you do not know what is attached to the laser pointer. He was suggesting that maybe we do not need to prove intent to harm to make boarding with a weapon unlawful.

Dave Fairbanks stated with PT being its own municipality, we could enact our own law.

Dave Fairbanks asked about the suspension issues in Portland being under attack. Dave J. suggested it is similar to what Metros attack is undergoing because there are some legal entities who view the public transportation as a right and not a privilege. Dave went on to explain that the deputies currently have the right to issue an immediate expulsion if the passenger is found to be violating any crime. Dave discussed the stats, how many in the last year, and they have about 400 repeat offenders. Dave stated the all night service has between 17-25 people who use the bus service as a shelter and they sleep on the bus.

If the operator has a situation, the transit police come and the name is run on the database. If they are currently suspended, they are arrested for criminal trespass, if they are not, they are suspended.

Dave J. stated they have had to be sensitive about making sure there is an appeal process. They have always had a number they could call for appeals but this process was not timely at all.

Joan stated we have not had an appeal in almost 1.5 years. We have an in- house review process where the excluded passenger is required to send a letter stating what took place in the incident and all information including why they feel they need to be reinstated and mail within 10 days. We have 10 days to get back to them with the outcome of our review. We run a background check (usually appeals are for students who need the bus). They stated if the person is reinstated or modified, they notify everyone and the passenger is given a timeline in which they have to behave themselves.

Sheldon stated they get a couple suspensions every six months. They do the suspension at the spot and take a picture of the person. The appeal process is stated on the form. He stated we had one person who made a bomb threat and they excluded them for life. Joan stated that we have some passengers who are permanently excluded which happened a number of years ago and now, we have to get a court injunction to have them permanently excluded.

Sheldon stated the biggest problem they have is that the operators want to know why the passenger is suspended. Dave Fairbanks stated they would not tell them.

Dave J. stated the other element they put into place was to put in a process where they review the long term suspensions. Dave stated he has no way to have the operators review pictures of all the people who have been suspended.

Dave J. asked that we present these three different ways of doing it as we have a good mix of size of agencies here. He asked if this would be a good thing to do regarding presenting state wide.

Amtrak does not have an exclusion policy which he thinks should be altered. If they have an unruly passenger, they take them off the train, pay for their hotel, and put them on the next bus.

Dave J. asked what the next steps should be for suspensions? He would like for a couple of policies and procedures be presented at the next meeting.

He would like to have David / Sergeant Lonnie Arnold talk about Metro’s policy, Sheldon talk about his, Joan would talk about hers. Joan stated that our new process has been very successful.

Ray stated with an in-house process you take it out of the courts and this helps. Dave stated that there was no due process and that is why their suspensions were being thrown out. Joan stated that the 90 is really effective but the year long one is a hardship for the excluded passenger. Joan stated that they offer the in-house review as a service because it could take up to a month to get an appeal hearing set up and so this proves is a lot faster.

We will bring suspension policies and procedures to the next meeting and decide what items would be discussed at the conference. Dave would like to see these items presented from beginning to end. Dave stated this should be a breakout session.

Rob sent a loitering statue that we will have to put together internally. The legal opinion is that the RCW loitering is not an arrestable offense unless you can prove that they are creating a potentially harmful situation. Ray stated this is set to a midday pull of coaches it typically takes about 30 min to get a bus to come through at peak and if they miss this twice they have exceeded their timeline and they are asked to leave. If they do not leave, they can be arrested for trespassing. Dave asked if they have ever gotten this far? Ray stated they have bit, but it is a catch and release.

Jim asked what happens when people don’t identify themselves? There was no response. Jim feels that the wording binds us because we define extraordinary incidents as people waiting for a longer connection and in such a case as someone waiting for someone else that we are putting ourselves in a bad situation to bind ourselves in this fashion. Joan stated nobody has ever challenged this wording. Joan stated we have a great relationship with the county and city and they prosecute for fare evasions and are open to us. Joan stated she has worked hard to create these relationships.

Agenda Items for the next meeting:

Transit Fair
Suspensions/Exclusions
Radio Communications – interoperability
Ray stated you could have 700 and 800 (radio sharing) on the same radio with the new units. Ray stated we will be live by next summer (’08) – Dave J stated we are 1 year ahead of them.
Sheldon asked for back up radio systems – Nextels, etc.
We would like to have an after action meeting regarding follow up on the transit counsel.

This meeting ended at 11:54

Date of next meeting May 8, 2007 – 10 AM – hosted by Sound Transit -401 Jackson – across from King Street Station – Ken will send instructions – park in the garage and Ken will endorse all parking.

If you would like more information about this committee, please contact one of the officers or Michelle Parvinen at WSTA 360.786.9734, 2629 12th Court SW, Olympia, WA 98502-1118, or email michelle@watransit.com