BART Board: Zero tolerance for attacks on front line employees

Resolution emphasizes that BART will seek prosecution to fullest extent of the law

The BART Board today expressed its solidarity with front line employees such as Station Agents and Train Operators by unanimously passing a resolution that expresses “support for the prosecution of attacks on front line staff to the fullest extent of the law.”

“BART’s top priority is safety,” BART Board President John McPartland said. “An important part of our obligation to safety is to take whatever steps we can to keep BART employees safe, including being clear that anyone who attacks front line employees could face three years behind bars.”

Two sections of the California Penal code are applicable to attacks on front line staff: Section 242 establishes that a battery is a willful and unlawful use of force or violence upon the person of another; Section 243.3 establishes a maximum punishment of a $10,000 fine and three years of imprisonment in state prison for a battery committed on a Station Agent and/or Train Operator which results in injuries to those victimized.

“We applaud the Board of Directors for taking this necessary and very important first step toward the safety of our members,” Amalgamated Transit Union Local 1555 President and Business Agent Antonette Bryant said. “We hope the District Attorneys in all four counties will prosecute offenders to the fullest extent of the law.”

BART has asked the District Attorneys of Alameda, Contra Costa, San Francisco and San Mateo Counties to prosecute any attacks on front line staff to the fullest extent of the law.

Also, BART attained new legislative authority last year through AB 716 to enhance the BART Police Department’s ability to respond to attacks against front line staff through the issuance of prohibition orders, commonly referred to as “stay away” orders.

For the full text of the resolution, see www.bart.gov/board.