Just a couple of weeks after a BART Board of Directors member was removed from her seat due to a recent move, the board president and general manager have announced the decision has been reversed.
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District 7 Director Lateefah Simon was removed from her seat, despite support from fellow directors, after BART Board officials decided a recent move placed her outside of her district.
Richmond, Berkeley and Oakland BART stations fall into District 7. Simon's new home is located near the MacArthur Station, part of which is in District 7, but her specific building fell into District 4, as previously reported by KCBS Radio.
In an interview with KCBS Radio on Wednesday, Simon explained that BART officials knew well ahead of time about the move, and that she had been under the impression her new home wouldn't pose a problem to her position.
"So months and months after receiving mail here from BART, having staff drop me off after meetings, I was informed that I do live 300 feet from the line," she said. "I will take responsibility for whatever, as does Bart, but I did want to continue to serve and I believe that I had no due process."
But on Wedesday, BART Board President Rebecca Saltzman and BART General Manager Bob Powers announced that Simon wouldn't be asked to leave her position after all.
"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," said a joint statement released by Saltzman and Powers on Wednesday.
According to Simon, this reversal came after she hired "an aggressive legal team" that demanded BART attorneys recuse themselves from the case. Outside legal counsel was consulted, and advised them to let Simon remain the BART Board, determining that no BART staff member has the right to remove Simon from her seat.
Directors Bevan Duffy and Janice Li supported Simon's position, and called on Powers two weeks ago not to start the process of replacing Simon "until we have pursued all legal remedies and options that would allow" Simon to stay, as previously reported by the station.
In the"BART staff alone are not independently empowered to declare a vacancy in District 7," said Wednesday's statement. "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."
Simon made her move due to concerns over her and her family's safety, due to her past work in police reform. But she consulted with BART officials during the whole process.
"I was given the okay to live here, and that's why I'm here," she said. "And I will fight to keep my seat."
Starting Thursday, Simon will be back in attendance at the board meeting.
Powers and Saltzman's Wednesday statement acknowledged Simon's notable contributions to the transit agency, and apologized for the distress caused by the situation.
"We want to express our deepest apologies to Lateefah and all stakeholders for how this has played out," said the statement. "BART will continue to work with outside legal counsel through any next steps and we are committed to transparency throughout the process."
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