FARE ENFORCEMENT SOP: USE OF DISCRETION

1.0 PURPOSE:

This directive establishes the Standard Operating Procedure regarding
Use of Discretion to be used by the King County Metro Transit Security
Fare Enforcement Division in the accomplishment of its assigned duties.
This SOP defines the basics related to how and when FEOs may exercise
discretion. There are numerous other SOPs that specifically address
other procedures that are impacted by this SOP.

2.0 SCOPE:

This directive applies to all King County Metro Fare Enforcement
Officers.

3.0 DEFINITIONS:

a.  COACH – Any Rapid Ride vehicle where FEOs have legal authority to
    enforce the Washington State RCWs relating to KC Metro’s Fare
    Payment Policy.

a.  DISCRETION – The power or right to act according one’s own judgment.

b.  FE – Fare Enforcement

c.  FEO – Fare Enforcement Officer.

d.  KCM – King County Metro

e.  NOI – Notice of Infraction

4.0 AUTHORITY:

King County Metro has authorized all members of the Fare Enforcement
Group to exercise limited discretion while conducting Fare Enforcement
operations. This use of discretion is constrained by the guidelines
provided in this SOP in order to assure fair and consistent
implementation of Fare Enforcement procedures, and to avoid the
perception that customers are not treated equally.

The discretion discussed and authorized by this SOP resembles the
limitations placed on law enforcement officers when there is a third
party involved. Police Officers do not decide who to charge or not
charge for civil and criminal violations when there is a third party
involved. Their discretion is limited by the desire of the third party
victim. In the case of fare evasion, King County Metro is the victim and
therefore dictates the limitation on FEO discretion.

5.0 DISCRETION SENSITIVITIES:

There is a subtle relationship between Discretion and
Non-Discrimination. The use of discretion involves granting the FEOs the
power or right to act according to their own judgment in a given
situation. Left unchecked, this power can lead to discriminatory
behavior when we understand that FEOs, as members of our culture,
possess prejudices/biases inherent in our society based on their own
life experiences. Rather than leaving discretion to be determined by
each individual FEO, this SOP outlines how discretion is to be applied
to Fare Enforcement operations and enacts some controls on FEO decision
making in order to create an environment free of discriminatory
behavior.

Fare Inspections are performed in a unique environment as compared to
other law enforcement contacts. They are not one-on-one contacts, but
rather a contact on a populated coach where many customers observe the
FEO’s performance. Any discretion used by the FEO will be closely
scrutinized by the ridership. This presents a unique challenge for the
FEOs in achieving the goal of fair and consistent Fare Enforcement
Operations and to avoid any perception of unequal treatment. This SOP
sets guidelines for all FEOs to achieve a consistent approach to Fare
Inspection Operations.

6.0 DISCRETION GUIDELINES:

FEO decisions that call for the use of discretion generally include
situations where extenuating circumstances justify variation from
routine FE processes and procedures. FEOs shall be mindful of KC Metro’s
Non-Discrimination Policy when making these decisions.

Examples of situations where discretion is appropriate are listed below.
These examples are not intended to be an all-inclusive list of
situations where discretion is authorized.

a.  Observation of behavior consistent with fare evasion tactics

    i.  FEOs may interrupt normal FE operations when they see a customer
        quickly stand up and move to the front of the coach or exit the
        coach abruptly upon seeing the FEO. This behavior is known to be
        consistent with that of a fare evader. This individual may be
        singled out for immediate fare inspection due to this specific
        behavior.

    ii. 

b.  Dealing with Special Populations without valid POP

i.  FEOs shall use discretion when dealing with tourists, juveniles,
    senior citizens, disabled persons, parents with young children, or
    customers that have an impairment that is evidenced by their
    behavior or communication skills.

1.  

(1) Tourists

    a.  Tourists that are obviously traveling with luggage shall not be
        taken off the coach.

    b.  Identification will be completed on the coach.

(2) Juveniles under 12 years of age

    c.  Juveniles under 12 years of age shall not be taken off the coach
        and left unattended at a Rapid Ride stop or otherwise left on
        their own.

    d.  The FEO will contact their parents and remain with the juvenile
        until the outcome is resolved by the parent.

    e.  This needs to be clearly documented in a narrative attached to
        the warning log entry. Care shall be taken with all juveniles
        and consideration given as to their safety due to the location
        and time of contact.

(3) Senior citizens

    f.  Senior citizens shall not be taken off the coach.

    g.  Identification will be completed on the coach.

(4) Disabled customers

    h.  Disabled customers, when it is obvious by the fact that they are
        using a wheel chair, scooter, or walking appliances, shall not
        be taken off the coach.

    i.  Identification will be completed on the coach.

(5) Parents with small children

    j.  Parents with small children, either physically carrying or in a
        carrying device (including pregnant women), shall not be taken
        off the coach.

    k.  Identification of the parent will be completed on the coach.

        i.  When a parent is accompanied by children, it is not
            necessary to identify the children, only the parent.

            1.  

(6) Impaired customers

    l.  Customers that are obviously impaired, as evidenced by their
        behavior or communication skills, shall not be taken off the
        coach.

    m.  Identification will be completed on the coach.

    n.  FEOs will determine if this customer requires assistance to
        reach their destination.

    o.  If necessary, FEOs will provide these customers with assistance
        until they arrive at their destination.

a.  b.  c.  If a customer without valid fare has NOT been contacted
    before, it shall be assumed they are NOT an intentional fare evader
    until facts and circumstances prove otherwise.

i.  King County Metro Policy gives customers without valid POP the
    _“benefit of the doubt”_ and allows the FEO to give them a warning
    prior to issuing a Notice of Infraction when the customer has not
    been proven to be an intentional or habitual fare evader.

ii. Because K County Metro has chosen to implement the benefit of the
    doubt policy, the FEOs shall utilize the first contact situation to
    educate the customer regarding the fare payment policies without
    issuing a Notice of Infraction.

    a.  This education will be aided by the attempt of providing the
        customer with a Fare Enforcement Operations pamphlet.

iii. FEOs MAY issue a Notice of Infraction upon first contact when it is
    obvious that the passenger understands the fare payment system and
    their actions clearly show they are intentionally evading fare
    payment.

a.  b.  c.  d.  Any warning issued by a FEO shall include collecting
    identification information from the customer without POP.

e.  f.  g.  h.  i.  j.  k.  l.  i.  _FEOS MUST REMEMBER THAT OTHER
        CUSTOMERS ARE WATCHING HOW THEY HANDLE THE CUSTOMER WITHOUT
        VALID FARE. IF THE OBSERVING CUSTOMER HAS BEEN CONTACTED BEFORE
        AND THE FEOS REQUESTED IDENTIFICATION OF THEM, THEY WILL
        CONSIDER IT DISCRIMINATORY IF THE FEOS DO NOT DO THE SAME FOR
        ALL CUSTOMERS._

m.  

d.  e.  When a customer without valid POP is determined to have
    intentionally avoided fare payment or habitually avoids fare
    payment, they will be issued a NOI.

    i.  Intentional evasion can be determined by the nature of the fare
        media presented, by the customer’s past history, or by the
        customer’s statements and behavior indicating that they are
        familiar with the fare system requirements.

f.  All warnings and NOIs will be screened by a Fare Enforcement
    Supervisor or Manager to assure that all customers without valid
    fare have been properly documented and that the FEO’s discretion
    meets the standards outlined in this SOP.

7.0 REVIEW:

The King County Metro Contract Security Coordinator or Delegate will
ensure that all Fare Enforcement Group directives, policies and
procedures are reviewed at least annually to ensure compliance with King
County Metro policy. Directives, policies, and procedures will be
updated immediately if changes to King County Metro policy require
immediate implementation.

8.0 SUPERSESSION: All previous Fare Enforcement Manuals

9.0 EFFECTIVE DATE: 01/15/2015

  ISSUING AUTHORITY

___________________

Gail Israelson

KCM Contract Security Coordinator