TO: AC Transit Board of Directors
FROM: Denise C. Standridge, General Counsel
SUBJECT: Impose Penalty on Director Greg Harper for Violation of the Brown Act and Board Policies
ACTION ITEM
RECOMMENDED ACTION(S):
Title
Consider adopting Resolution No. 20-015 imposing a penalty on Director Greg Harper for violating the California Brown Act and Board Policies 101 and 702.
Body
STRATEGIC IMPORTANCE:
Goal - Strong Public and Policymaker Support
Adopting Resolution No. 20-015 imposing penalties on Director Harper for his violation of the Brown Act and Board Policies supports the District's commitment to ethical conduct and preserving the public's confidence in the District.
BUDGETARY/FISCAL IMPACT:
Adopting this resolution does not have a budgetary or fiscal impact.
BACKGROUND/RATIONALE:
This resolution arises out of Director Harper's admitted disclosure of documents from Closed Session.
On November 13, 2019, the Board met in Closed Session with Nathaniel Kramer, the District's Chief Labor Negotiator, at which time he presented an update on the District's labor negotiations with Amalgamated Transit Union - Local 192 (ATU). During the presentation he provided the Board with a handout, which was supposed to be returned at the end of the presentation. Director Harper admitted that he took at least four (4) pages from the presentation when he left the Closed Session.
Three days later, on November 16, 2019, Director Harper attended ATU's Informational Picket held at the Fruitvale BART station from 10:00 a.m. to 1:00 p.m. Director Harper admits that he had copies of the Closed Session documents that he did provide to approximately two people. Director Harper admits that he did not have Board permission to disclose these documents.
Disclosure of these documents is in violation of Board Policy 101, Section 6.16, Board Policy 702, Section IV.E and the Brown Act, specifically California Government Code Section 54963. This violation came to the attention of...
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