WSTA Transit Security Council Meeting hosted by Pierce Transit
Tuesday, February 12, 2008, 10:00am – 12:00pm
Pierce Transit

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
Geoffrey Getchman, Seattle Police Department
Michelle Parvinen, WSTA
Captain Dave Jutilla, Metro Transit Police
Rod Baker, Pierce Transit
Robert (Bob) Isaman, WA State Emergency Management
Kenneth Cummins, Sound Transit
Barb Savary, WSDOT
Robert Muzzy, Whatcom Transportation Authority
Bill Cassio, Pierce County, S.D.
David Sorenson, SCSO / C-Tran
Phil Early, Intercity Transit
John Harkins, Pierce Transit
Ray Hawkins, Pierce Transit
Captain Lisa Peppin, Metro Transit Police     

Absent Members:
Sheldon Breaux, Kitsap Transit
Carol Cummings, Metro Transit Police
Sgt. Dave Redding, Pierce County Sheriff’s Dept.
Sgt. Phillip Nichols, Snohomish County Sheriff’s Dept.
Lt. Rodney Rochon, Snohomish County Sheriff’s Dept.
Chuck Cox, King County Metro
Jim Dusevoir, Amtrak Transit Police
James Tompkins, Department of Homeland Security
Roland Bradley, Metro Transit
Tracy Christianson, WSTIP
Dave Fairbanks, King County Metro
Bob Medcraft, C-Tran
Don Burr, Community Transit
Mike Burris, Community Transit

Minutes Taken By:
Beverly McCarter

Dave opened the meeting with introductions 

Dave stated Carol Cummins of Metro Transit Police was promoted.  Dave was invited to take the position of Precinct Commander.  Metro Transit Police has hired a new Captain – Lisa Peppin – Operations Commander.

Dave noted we were not able to review the meeting notes at the last meeting.  The group reviewed the meeting notes from 10/9/07 & 12/11/07.   

Edits/changes have been noted and a motion to accept the October notes was seconded & approved.

Edits/changes have been noted and a motion to accept the December notes was seconded & approved.

Standing Items:

Radio Interoperability                                             

Dave spoke to Scott Miller regarding the statewide interoperability plan.  They are still continuing to move ahead with outreach meetings regarding the PSIC grant. 

Bob originally had the impression State Patrol was administering the grant but it turns out Washington State Emergency Management is administering the grant.   Bob stated this will be a yearly grant. 

Legislative Issues                                                                

Rod has been working with the city of Tacoma for the unlawful bus conduct proposed RCW changes. He testified before the City Council and they unanimously accepted his proposed changes.  The board passed a resolution accepting the RCW revisions.   The change addressing loitering was the only thing we asked for that we did not receive.   The terminology is now unlawful “transit” conduct rather than “bus” conduct which means this can include Light-Rail & future needs like a downtown trolly etc.

Dave passed out a multi-color packet of the RCW changes we have been working on.  The green section is the RCW as it originally existed.  The salmon section shows which portions we want changed, deleted or added.  The Yellow section is how we would like the final version to read. 

Ken thinks we should engage our lobbyists right after the session. He suggested we should invite our lobbyists to our next WSTA meeting so we can get this ready for January ’09.  Rod suggested we should be on the agenda at the next WSTA Executive meeting; Michelle will get us onto the March meeting agenda. 

Barb noted all the agencies working on the RCW changes are urban and she suggested these proposed changes be sent out to all the rural agencies so this is not a surprise to them.  Bill suggested it also go to eastern Washington.  Dave stated the objective is to give law enforcement, state wide, better and more tools to enforce transit laws and we want to make sure we are not creating something that will cast ambiguity on a previously existing law. 

Dave suggested each individual present take these changes back to their agencies and talk to the management so they can come back to the next meeting with feedback from the agencies. 

Information Sharing on Long Term Suspensions/Exclusions

Dave opened a discussion regarding how we can share the suspension/exclusion information each of the transit agencies keeps individually.   

Rod stated that, although we all have a program, we don’t always have the same policies – PT excludes for a minimum of 90 days – others may be shorter.  He suggested we should identify where the differences exist first, before we can see where it would be useful to share.

Bill is concerned this is information we might not be legally able to share – like the gang database where if it is not a criminal act we are not allowed to share.    Rod stated that Pierce Transit doesn’t exclude unless it is a criminal act.    Ken stated that Sound Transit doesn’t do it based on a criminal acts necessarily, it can be behavior; they also have no minimum and no maximum amount of time someone can be excluded for. 

Bill asked if we are talking about having an exclusion apply to all agencies (if they get a 90-day exclusion on one transit agency, they get a 90-day in all)?  How would we be able to enforce this and get it coordinated?  Or is this just a list that says FYI – this person was suspended for this reason.

Ken asked how we could get a universal exclusion program going.  Rod stated we would have to do a statewide thing and contact all agencies.  He thinks he could set up MOUs with the transit agencies Sound Transit interacts with and then they could do a regional thing.

Dave stated the information management would be the biggest challenge.    Bob asked what the value of the exchange is if there is not going to be a universal exclusion.  The cost of time and money to share would be huge for a minimal return. 

We originally started talking about doing this only with passengers who assaulted people.   Rod stated this would be beneficial because if we exclude someone and they can’t just get on another system, this reduces the amount of harm they can inflict.   Rod stated it is a verified fact that the people in King County causing problems are the same people causing problems here.  If we could get those people eliminated this would reduce crime rates in both counties.

Robert would like to bring it back to the people who are assaulting or being violent – he wants to know about these people so he knows how to handle them when he runs in to them.  He wants to know if someone was excluded for life especially.

Rod suggested WSTA has a secure link on their website where we all put our most violent offenders.  We could go there and see if a person has been identified on this list if we were having difficulty with them.   Rod stated each agency could log in and be responsible for putting their agency’s information into the database.     Dave Sorenson stated if the information is being shared by other law enforcement then there is no problem with sharing information.  Ken stated there is no commissioned law enforcement at Sound Transit; also many of the other smaller agencies wont have a commissioned law enforcement.  Bill volunteered to talk to Pierce Transit legal advisor and see if creating a list will be a problem legally. 

Dave stated no clear solutions have been identified.  He suggested we table this issue now and we will bring it back up next meeting. 

New Agenda Items:

TSA Developing Rule on Security Training                

Rod stated we would like a mandatory training requirement but there are no funding possibilities to pay for training.  Bob stated 5 of the roughly 28 agencies are eligible to get funding through the grant. 

Ken asked if the behavior recognition training is going to be as extensive as some police programs.  Dave feels the level of training a person will be required to have will be relative to the position they hold. 

Bob will send Dave a copy of the Grant Guidelines.

Barb stated FTA is hosting a security summit with State DOT representatives, if we have specific concerns she would be willing to discuss the concerns at the summit.  Anyone with comments should e-mail Barb so she can present this at the meeting. 

We are concerned with the 1-year compliance piece.  Bob stated this doesn’t mean that all individuals have to be trained – the agency just has to have the training plan in place.

FTA has tried unsuccessfully to get transit agencies to complete security training; it is becoming more and more strongly recommended.  This may be required in the upcoming years.  Rod asked if the ATU has been told about this, nobody is certain at this time.    

Bob stated 36.6 million is available – it is competitive – the congress mandated that only 50% can be devoted to training.   All grantees must have a security plan which is current within the last 3 years.  Bob stated there is a form you have to fill out stating the security plan is in place & the primary security provider has to sign off on it.   If you are doing training there is no match – if you are doing physical security there has to be a 25% match.  The performance has to be 26-30 months to completion.   Planning & Training receives priority.  The Puget Sound area was dictated as a security threat of 2.  Applications must be submitted by 3/17.    Bob was hoping to schedule a workshop to get the grant writers and security people in this together since there isn’t a lot of time.  Rod will work with Patricia and get back to him.  There will also be a minimum cut score – but this minimum has not been established yet.

Pierce County just got the USGA award for 2010 & 2015; security plans will need to go into place. 

Rod suggested one of the tier 2 agencies include some of the other smaller non-eligible agencies in their requests in order to get some of the smaller agencies funding opportunities.   Bob stated that even if the smaller agencies were incorporated he anticipates that when the expenses are detailed the larger agency would not receive funding for the non-eligible agencies.

Enforcing Non-Payment

There is a statute going through the legislature for dropping non-payment of fare to an infraction (from a misdemeanor).  There is concern in this group regarding the widespread affects this could have.   

Michelle stated a legislative report is available at watransit.com discussing WSTA’s view is on each topic. 

Rod stated Pierce Transit used to have a high rate of assaults on operators.  After investigating this issue it was discovered that 80% of them were due to the operator trying to enforce payment.  When we started enforcing non-payment as a misdemeanor and started taking people to jail the rate of operator assault dropped by 77%.  Rod is concerned that if non-payment drops to an infraction this will no longer be effective and we could see assaults on the rise.  Dave stated that they have the same concerns. 

If this legislation moves through as a state-wide change all of the agencies represented here are concerned that this will decrease their ability to enforce non-payment and potentially cause other problems such as an increase in violent crime.  There is nothing to compel the violator to comply or cooperate.  There needs to be a records management requirement statewide if this is going to be an RCW; who will follow up with the courts to see if the infraction was dismissed or held?   Michelle asked any with concerns and questions to e-mail her today; the lobbyists are meeting tomorrow and she will get any questions/concerns to them. 

Rod suggested that we send a letter on WSTA letterhead stating what we discussed here and listing out some of our more significant concerns.    

Dave will send our concerns to Michelle; Michelle will get the points to Peter tomorrow and will draft our letter of concern. 

Public Transportation Conference

Barb wants to remind everyone that the Public Transportation Conference is coming up in September. She asked everyone to think about what kind of workshops would be good for this state-wide conference. WSTA will be asking for proposals – so come to next meeting with ideas.  Workshops can be in 1.5 hour sessions or multi-part sessions.   It will be in the Tri-cities and will be 3 days long.  The Roadeo is also going to be in the tri-cities this year. 

This meeting ended at 12:06