General Manager’s comments on BART District 7
March 23, 2022, Update:
Lateefah Simon remains on BART Board
BART Board President Rebecca Saltzman and BART General Manager Bob Powers have issued the following joint statement about BART District 7:
The BART Board of Directors and BART staff are working to address the unfortunate chain of events surrounding BART District 7 and the impact to Lateefah Simon, who has been a champion for BART and our riders. In response, we’ve sought advice from outside legal counsel with expertise in election law to ensure we follow the proper steps moving forward.
Based on counsel’s opinion, Lateefah Simon will continue to serve on the BART Board, as the BART Board of Directors have not made a determination that a vacancy exists in District 7.
BART staff alone are not independently empowered to declare a vacancy in District 7. Formal action by the majority of the Board or an order by a court in a special judicial proceeding, known as a quo warranto action, is required to declare a vacancy. Therefore, Director Simon remains on the Board representing District 7. Having Lateefah resume her position on the board while this matter is handled by outside legal experts is a win for our riders, the BART District, and specifically the voters of District 7 who elected Director Simon based on her leadership, advocacy, and proven ability to advance equity at BART.
This has been a very difficult situation, especially for Director Simon who moved her family for safety reasons and to live steps away from the transit system she relies on for transportation and that she proudly represents. We want to express our deepest apologies to Lateefah and all stakeholders for how this has played out. BART will continue to work with outside legal counsel through any next steps and we are committed to transparency throughout the process.
The following statement was issued on March 11, 2022 and can be attributed to BART General Manager Bob Powers:
"Lateefah Simon has been a champion for BART and our riders. The determination that her seat had to be vacated is horribly unfortunate.
I understand there are many questions about how this situation could have occurred. I have some of the same questions. While I know that Director Simon was open, honest, and proud about her home at the MacArthur Transit Oriented Development, I am not able to speculate about any advice she was provided by BART’s board-appointed District Secretary.
According to BART’s Legal Department, state law requires BART Board Members to live in the district they represent, and if a Director moves outside of the district, the seat is vacated.
To prevent this situation from occurring in the future I’m committed to working with the District Secretary’s Office to ensure that when a director chooses to relocate, they will know if the new address falls within their existing district boundaries.
If I had the ability to return Lateefah to the BART Board, I would immediately.
As the leader of this organization, I understand that any issues regarding BART’s performance ultimately falls to me. However, the advice Director Simon indicated she was provided was from individuals that report directly to the BART Board, and not the General Manager’s Office. It appears bad advice may have been given to Director Simon, and on behalf of the District, I wholeheartedly apologize for that.
The residency issue was reported to my Office last Thursday, March 3, 2022. Upon being notified, we immediately reported the concern to the General Counsel’s Office and the District Secretary’s Office. The General Counsel’s Office then confirmed Director Simon’s address and made the determination that the District 7 seat was vacant.
BART needs more voices like Lateefah and I am saddened she is no longer a board member. I will follow the Board’s direction and assist however needed to fill the District 7 seat."
Additional information on District 7 chain of events can be found here.