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BART Fraud Watchdog Uncovers Worker Time-Card Scams

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A train approaches the station with people waiting.
A train approaches the station at the San Leandro BART station on March 13, 2024. (Martin do Nascimento/KQED)

BART’s independent fraud watchdog said it has uncovered several new cases in which employees clocked in for work shifts but then spent their time elsewhere.

The agency’s inspector general’s office said in a report released Monday that it had substantiated allegations against three workers who were not cleared to work remotely and whose jobs were “not conducive” to off-site work.

The report, which was accompanied by a YouTube animation summarizing the findings, said the workers were found to be at home “during much or portions of their paid duty hours.” The office said BART’s total monetary loss was at least $9,004 and perhaps much higher.

“The employees claimed to be working 10-hour shifts and would report to their duty locations for brief periods but would then leave for their private residence,” the report said. It added that “despite the employees often not being at their work locations or performing their duties,” each collected regular pay, overtime and even double-time for working holidays. They also received pension, vacation time and other benefits.

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The office said one of the three workers retired when BART police confronted him with evidence of wrongdoing. That employee now faces criminal fraud charges in San Mateo County.

The other two employees reportedly admitted to violating agency policy before the matter was referred to police. The report said BART management is investigating their cases.

The watchdog’s office has found a total of five cases of “time theft” at the 3,500-worker agency since early last year. In one case, reported in February 2023, the inspector general found an employee had claimed to work 80 hours or more a week despite frequently failing to report for duty. In a case reported in September, the watchdog found only that an employee had been spending their on-duty hours in their personal vehicle and not working — an issue the inspector general said the worker’s supervisor had already addressed.

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Inspector General Claudette Biemeret said in this week’s report that the latest findings “indicate a lack of sufficient oversight by supervisors and managers” who approve workers’ time reports. She called on agency management to improve its system of verifying time worked.

Biemeret added that time theft damages BART beyond the financial losses involved. Such misconduct erodes morale among employees who obey workplace rules and casts a shadow on BART’s public image.

“Time theft is damaging to BART’s reputation, particularly, when evidence supports it was not an isolated event,” Biemeret wrote. “Legislators and taxpayers are less likely to support public funding when they believe the district cannot be entrusted with their funds.”

Public confidence in the agency is crucial at a time when it’s facing a crushing deficit and is preparing to join in a campaign to persuade voters to pass a tax measure that will support the region’s 27 transit agencies.

In a formal response that was part of the inspector general’s report, BART said the affected department would issue a “standard operating procedure” including check-ins and check-outs at the beginning and end of shifts on BART property. Supervisors will also make random site visits during work shifts.

Alicia Trost, BART’s chief communications officer, acknowledged in a statement that time theft “undermines our credibility with the public.”

“We are working in partnership with the Office of the Inspector General to reaffirm our commitment to respond to, and prevent, waste, fraud and abuse, Trost said. “Our employees are expected to demonstrate the highest standards of integrity and ethical conduct. The Office of the Inspector General plays a critical role in ensuring a culture of accountability.”

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