BATA Updates: Appointment Controversy Headed to Court, Security Added at Hall Street

A debate over the makeup of the Bay Area Transportation Authority (BATA) board appears headed to court after Grand Traverse County commissioners narrowly voted 5-4 Wednesday to appoint two county commissioners to BATA’s board despite threatened legal action if they did so. The Ticker has the latest on that and other BATA updates, including a new pilot program to enhance security at the Hall Street transfer station.

Appointment Controversy
BATA officials will meet with their legal counsel today (Thursday) with the intent of moving ahead with a threatened lawsuit against Grand Traverse County after county commissioners decided in a split vote Wednesday to appoint two of their own members to BATA’s board.

BATA and Grand Traverse County have been feuding for almost a year about the makeup of BATA’s board. Under the most recent interlocal agreement between the two entities – approved last summer to resolve ongoing legal tensions – BATA’s seven members are to include four appointees from Grand Traverse County commissioners, two from Leelanau County commissioners, and one at-large member approved by two-thirds of the BATA board. The agreement states each county will appoint “a county commissioner to serve as a member of the BATA board” – an ex-officio member who will serve a term concurrent with their commission term – and the remaining seats will be community appointments for three-year terms.

At the end of 2023, an ad hoc committee of Grand Traverse County commissioners signaled their intent to nominate one commissioner to serve in the commission representative role – Scott Sieffert – and another commissioner, Vice Chair Brad Jewett, to serve in a citizen appointment role. That immediately set off a reaction at BATA, with Board Chair Richard Cochrun saying that appointing two commissioners violates the agreement and amounts to a political power grab by the county. BATA threatened to sue, with county commissioners then asking for a few weeks of additional time to try and resolve the issue before BATA moved ahead with its lawsuit, which BATA agreed to.

On Wednesday, county commissioners voted 5-4 to move ahead with appointing both Sieffert and Jewett to the board. Sieffert, Jewett, Chair Rob Hentschel, and Commissioners Darryl Nelson and Brian McCallister supported the motion, with Commissioners Penny Morris, TJ Andrews, Ashlea Walter, and Lauren Flynn opposed. Jewett was a deciding vote on the motion, with Andrews questioning whether it was a conflict of interest for him to vote on confirming his own appointment. The county’s legal counsel, Matt Nordfjord of Cohl, Stoker, & Toskey, acknowledged it “may” represent a conflict of interest, but said commissioners are legally allowed to decide for themselves when they have a conflict and can’t be compelled to recuse themselves by other commissioners.

Hentschel, McAllister, and Morris were on the ad hoc committee that interviewed eight other candidates who applied for the citizen role on BATA’s board. Three of those interviews occurred at the end of November, while the remaining five occurred Tuesday, according to meeting minutes. Applicant Fern Spence – who has a master’s degree in urban and regional planning and a certificate of statewide and metropolitan transportation programming from the National Highway Institute – questioned why her credentials and those of other qualified applicants were overlooked in favor of Jewett. She noted McCallister was an hour late Tuesday, missing some of the interviews, and said the committee’s recommendations seemed “staged and planned.” Spence felt the process was “unprofessional, especially considering the importance of citizen engagement on local and community issues.”

Other commissioners agreed. “I really do believe that even if the Greek god of travel walked in here and interviewed, they would have been dismissed,” said Flynn, who observed the ad hoc interviews. “I saw lots of different opportunities for citizens to serve on our board. I really do find it so valuable to have citizens in our community serve on boards, especially (boards) as important as BATA.” Morris, who was on the ad hoc, declined to support its recommendations. “I was the ‘no’ on that motion, because I felt that Commissioner Jewett should stay where he is and we (should) appoint a citizen,” she said. Walter argued for Jewett continuing to serve on the BATA board as the commissioner representative instead of appointing Sieffert to the role and choosing another member of the community to fill the citizen role. Appointees “play a very, very important role in furthering a better community for all,” she said, and should represent a diverse array of viewpoints and backgrounds.

Hentschel noted wryly he had confirmed Jewett was a citizen of Grand Traverse County – already a prerequisite of being a county commissioner – and said the county’s attorneys had confirmed that commissioners can serve in citizen roles. That has been the case on other county boards, Hentschel said, adding he felt Sieffert and Jewett were both well-qualified and could ask necessary tough questions on the BATA board. “I realize this is a tough choice and not everyone agrees with it,” he said. “I do think they (BATA) need more oversight.”

Following the meeting, BATA Chair Cochrun told The Ticker that BATA officials will meet with their attorneys today (Thursday) on next steps for filing a lawsuit. “We’ll proceed with legal action, because they’re violating our agreement,” he said. “Their arguments are very weak, so we’ll let a judge decide. We don’t know a timetable, but I think it’d be sooner rather than later.”

Security Pilot
In other BATA news, the transportation authority has launched a three-month pilot to enhance security at the Hall Street transfer station. According to BATA, STT Security Services will help “provide an enjoyable customer experience and manage passenger behavior at BATA’s Hall Street transfer station in downtown Traverse City and on its bus routes.” STT uniformed staff will support BATA staff by providing “a direct connection with local community resources and law enforcement to assist with challenging riders as needed,” BATA states.

BATA has a “respectful rider passenger code of conduct that everyone using its services is expected to follow,” according to the organization. “Over the past few years, BATA has experienced a trend occurring during the winter months of an increase of violations of the code of conduct, such as loitering at the station or bus shelters, smoking in prohibited areas, and occasionally disorderly conduct.” BATA Executive Director Kelly Dunham says that with incidents rising during colder weather, “having a uniformed security officer will provide a visual presence to make sure all passengers are adhering to the passenger code of conduct, and that everyone feels safe and comfortable using public transit in our community.”

The pilot will be reviewed for possible continuation in early April. STT also provides seasonal security officer support at the Traverse Area District Library on Woodmere Avenue.