Austin News

Capital Metropolitan Transportation Authority in Austin has extended the suspension of meeting the requirements of the Public Information Act, a CapMetro spokeswoman said Tuesday.

The initial announcement cited the coronavirus pandemic as a reason to declare a state of catastrophe to “commit resources to address this unprecedented event." The suspension was originally from March 17-24 but it has been extended an additional seven days, said spokeswoman Mariette Hummel.

“Pursuant to section 552.233(b) of the Government Code, a governmental body may suspend the applicability of the requirements of the Public Information Act [the PIA] if the governmental body is currently impacted by a catastrophe and provides proper notice in accordance with this section,” Hummel said. “In order to suspend the requirements of the PIA, a governmental must provide notice to the Office of the Attorney General in accordance with sections 552.233(c) and 552.233(e) of the Government Code. 

"The catastrophe is the COVID-19 epidemic referenced in the presidential declaration of a national emergency dated March 13, 2020, and the governor’s disaster proclamation of March 13, 2020. Critical staff are involved in the response to the declared emergency and are not able to meet the deadlines required by the statute.”

Capital Metro’s Public Information Office made the decision with the advice of the legal department, she said.

Hummel said this is the first time CapMetro has issued a temporary suspension of the PIA. It was only authorized to do so during the 2019 legislative session and law, Senate Bill 494, became effective on Sept. 1. There has been no known public reaction to the action, she said.

On Tuesday, CapMetro posted an update on how the pandemic is impacting its services.

“Even with today's shelter in place emergency order from local authorities, CapMetro's service remains an essential business and will continue to provide critical service for essential needs.”

The number of riders is down between 40-60% and the transit schedule has been adjusted, according to CapMetro. In addition, “enhanced cleaning” of buses, trains and transit facilities is being done and employees issued gloves, hand sanitizer and masks, with operators given the option if they wish to wear a mask.

Operators are allowed to take supplemental leave as needed. Riders are asked not to use the service if they feel ill as CapMetro seeks to lessen exposure to the virus, the company said.

“We have placed ‘skip a seat’ signs on all CapMetro vehicles, encouraging customers to give each other some extra space while on the bus or train,” CapMetro states on its website. “Customers must board the bus through the rear door to protect the health and safety of our bus operators and other riders. Those using wheelchairs and other mobility devices are allowed to still use the front door. During this emergency situation, we trust that everyone will respect the agency's fare system.”

Roger Falk, an analyst for the Travis County Taxpayers Union, said he understood the reason for the suspension at first.

“I considered filing an opposition letter in the matter, but willing to be reasonable and accept the one-week delay,” Falk told Capitol News. “Most if not all the information should be readily available, but I don't know the staffing situation at the agency.”

But Tuesday, Falk said service should be halted at once.

“CapMetro needs to shut down,” he told Austin News. “It won't have much effect on mobility, as only 2% of our regions’ trips are on transit. The huge amount of money channeled into CM [it will spend more than $400 million this year] could fund far superior ride-sharing for low income and transit dependent, with many tens of millions to spare. Perhaps this is an opportune time to discuss sun-setting the agency.”

Falk said he doubted the safety of the transit vehicles.

“A cleaned bus is only safe until the first infected passenger boards — that could be the very first boarding,” he said. “COVID-19 is now considered to survive for 24 hours on metal/fabric/plastic. The stigma of ’rolling contagion incubators’ will last for a very long time, perhaps years, depressing ridership. The potential for a super-bug [staph] or morphing viral strain going forward, is now a fact of life that more people are aware of.

“The high density city dependent on mass transit model, has taken a huge broadside — the icon of which is New York City. The greatest caseload predominantly exists in high-density areas adjacent to transit. We will be thinking differently going forward. Thankfully, distributed, on-demand/door-to-door mobility, is the rising standard that will change it all; the proverbial asteroid approaching the Capital Metro dinosaur.”

Falk, who has lived in Austin for 50 years, spent his career in information technology as part of IBM’s technical field operations. He founded Austin Mag Media Inc. and TechniServ Inc., and has served as a consultant for alternative fuel systems, recycling and environmental regulatory compliance.

Falk is skeptical of CapMetro’s multibillion dollar Project Connect, which would bring light rail service to Austin and the surrounding area. He has sought information on the plan, with mixed results, he said.

“Since filing the delay, the agency has been partially responsive. However, many of the specifics related to the tunnel project go unanswered,” Falk said. “It's an exorbitantly expensive project of dubious value, with questionable engineering; full disclosure is in order. The fact they spent all this money and promotional time on a cool ‘Austin underground concert venue’ rendering, smacks of ‘bait’ and distracts from actual utility value.  For the price of that tunnel, we could put solar panels on every residential property in Austin, make us a leader in solar energy, fighting climate change and affordability — a result of reduced [or eliminated] utility bills.”

He said he will continue to serve as a watchdog, even though that can be a difficult assignment.

“Another area of investigation is into the creative, cost-obscuring, Enron-style accounting scheme proffered in slide 27 of the March work session,” Falk said. “Three messages [with call-back requests] to presenter Greg Canally, go unanswered. Apparently the ‘unprecedented transparency’ Project Connect proponents trumpet, requires open record requests to obtain.”