BART's general manager has said he doesn't have the ability to return Lateefah Simon to the agency's Board of Directors after two directors asked to explore the legality of retaining, or even reappointing, her.
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Directors Bevan Duffy and Janice Li wrote to the agency on Friday, calling for General Manager Robert Powers not to consider replacing Simon's now-vacant District 7 seat "until we have pursued all legal remedies and options that would allow" Simon to remain in the role. Simon vacated her seat on Wednesday after being informed she could no longer serve because she didn't live within the district.
"We unequivocally support Director Simon and we, therefore, support every legal avenue she has to retain her seat and serve her constituents," Duffy and Li, the only remaining person of color on the board, wrote on Friday.
In a lengthy statement posted on BART's website, Powers said that he "would immediately" reappoint Simon "(if) I had the ability to return" her to the board.
"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," Powers said, calling the "determination" Simon had to vacate her seat "horribly unfortunate."
BART said in a release this week that Simon was disqualified from serving in the role after moving out of the district. The agency declined to provide comment to KCBS Radio on her vacating the seat.
Simon said in a statement to KCBS Radio agency officials told her that her move was within District 7 and wouldn't be an issue.
"Before moving, I informed top BART officials and sought their input, and was assured that the building is within District 7. I would not have moved my family otherwise," she wrote to KCBS Radio.
District 7 includes BART stations in Richmond, Berkeley and Oakland. Part of MacArthur Station is in District 7, but her new home, located in a transit-oriented development on agency-owned land at the station, is in District 4.
Simon said she moved out of fear for her and her family's safety after receiving threats related to her past work on police reform.
"I am deeply disappointed about this situation. I am so proud to have made a difference for BART riders during my 6 years of service, and to have represented the people of District 7, the working people, seniors and people with disabilities who rely on BART," she wrote. "It has been an honor to work with my colleagues on the BART board, and to fight for transit justice, accessibility and equity."
Powers said his office learned of Simon's "residency issue" on March 3. His office reported the concern to BART's general counsel and district secretary, who confirmed her address and said Simon had to vacate the seat under state law.
In the statement, Powers said he was "not able to speculate about any advice she was provided by BART's board-appointed secretary."
"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," Powers said. "It appears bad advice may have been given to Director Simon, and on behalf of the District, I wholeheartedly apologize for that."
The board has 60 days to appoint Simon's replacement, seeking candidates through a public application process. Its next meeting is scheduled for March 24 at 5 p.m.
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