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53 Attachment No. 5 (One Agencyâs Exclusion of Service Letters and Policy) EXCLUSION OF SERVICE LETTERS A. CRITERIA: A letter of exclusion will be issued for: I. Any violation resulting in arrest, citation, or ejection by a law enforcement officer; 2. Any violation of Article [NUMBER], or; 3. An accumulation of three or more denials of service/ejections under the Three Strikes Policy Letters of exclusion will be for a minimum of seven (7) days. B. DOCUMENTATION: In order to support the issuance of a letter of exclusion, one of the following documents must be on file in Dispatch: 1. Copy of police reports or citations or; 2. Incident report(s) documenting violation and; 3. Any supporting documents to include: a) Radio or Dispatch Daily Logs b) Supervisor Supplemental or Daily Report forms c) Customer Comment Forms, Verified and as appropriate d) Witness cards, as appropriate C. ISSUANCE OF LETTER: A letter of exclusion may be issued on the spot by a supervisor. Dispatch will assist in making a quick check of the records to determine whether this passenger is currently excluded from service or has any past violations or exclusions. Letters issued on the spot are much less time consuming.... A letter of exclusion will be issued when any one of the above-mentioned criteria has been met. The supervisor issuing the letter will first check the Problem Passenger Profile and the Incident Book for any additional supporting documents and will also check any past history of exclusions in the Problem Passenger File.... ***
54 E. VIOLATIONS OF AN EXCLUSION ORDER: An individual who violates an exclusion order may be arrested for Criminal Trespass under [LAW NUMBER]. Law enforcement will be called and arrests requested if the individual violating an exclusion order is or potentially: 1. Threatens the safe operation of [AGENCY] buses or facilities; 2. Threatens the security of passengers or employees; or 3. Harasses a passenger or an employee. If there is an immediate threat to safety and security, the bus will hold and wait for the arrival of law enforcement. Avoid all unnecessary confrontations. Again, choose your battles wisely. Do not start an incident that gets you or on the front page of the newspaper. Also weigh the impact on service and schedule and how your plan of action will affect all passengers on board. Have an alternate plan and consider law enforcement meeting a bus at a transfer center if possible. If an arrest is made, citation issued, to avoid confrontations or as an alternate plan, any documented violation of an exclusion order is a subsequent violation of the Rules of Conduct and another letter of exclusion will be issued. This extension will be added to the end of the original letter. F. ARRESTS: Law enforcement officers will make an arrest if called for criminal trespassing under an exclusion order. The arresting officer must have the following documents: 1. Copy of the Exclusion Order, with signatures and dates and 2. Copy of the Incident Report(s) for which the exclusion was based. Without these documents no arrest will be made. Because it may not always be possible or practical to deliver these documents to the scene of the arrest, all supervisors will carry an updated copy, of the Exclusion of Service Folder while on the road. [AGENCY] will also have an updated copy of the Exclusion of Service Folder on hand. [AGENCY] will verify to the arresting officer that the appropriate documents are on file at their office to make the arrest.
55 EXCLUSION ORDER FORM DATE: TO: SUBJECT: Notice of Exclusion from [AGENCY] Vehicles and Properties This letter serves as notice of exclusion of service for a period of ___________. This exclusion notice is effective immediately. Privileges will be reinstated on ______________ unless this exclusion order is violated. Throughout the duration of this exclusion you are prohibited from entering in or onto any [AGENCY] vehicles, facilities, and properties. This exclusion of service is for the following reason(s): On (date/time), ____________ [describe]. This is in violation of Article [number], Section [number], sub-paragraph [number] of the [AGENCY] Rules of Conduct as adopted by the Board of Directors on [DATE]. Should you choose to appeal this order, it must be submitted in writing to the attention of the Director of Operations within fifteen (15) calendar days of receipt of this order. You may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why you believe this exclusion order is invalid or improper. This exclusion order will remain in effect during any appeal process. Refusal to immediately comply with written or verbal exclusion notice shall be grounds for criminal prosecution for Trespass.... The areas and properties involved on which you are not allowed, are as follows: All vehicles, marked bus stops, bus stop shelters, park and ride lots, transfer centers, or any other property. If you have any questions regarding this exclusion order, call during regular business hours. Signed ________________________ Title Method of notification (check one) U.S. Mail, return receipt requested. Personal delivery
56 I have read and/or have been read and understand this exclusion notice. I fully understand that failure to immediately comply with this notice will result in a criminal prosecution for Trespass.... Signed Date ________________________________ Witness Date CONDITIONAL EXCLUSION ORDERS DATE: TO: SUBJECT: Notice of Conditional Restriction of Service This letter serves as notice of conditional restriction of service for a period of ______. This restriction is restriction is effective immediately. Full privileges will be reinstated on ____________. This restriction of service is for the following reason(s): On (date/time), _________________. This is in violation of Article [number], Section [number], sub-paragraph [number] of [AGENCY] Rules of Conduct as adopted by the Board of Directors on [DATE]. Throughout the duration of this restriction you are prohibited from entering in or onto [AGENCY] vehicles, facilities, and properties except as follows: 1. Transportation to and from medical, legal or social service appointments and; 2. Transportation for the purpose of shopping, these trips are limited to two round trips per week. A week is defined from Sunday through Saturday. Unused trips may be carried over to another week. Shopping trips are limited to your immediate local area only. 3. You are required to notify [NUMBER OF] hours in advance of any planned travel. Routed passengers will contact [NAME]. [AGENCY] passengers will contact a [NAME]. Failure to provide advance notice will result in refusal of service. Any violation of this agreement may result in an Exclusion of Service order. Refusal to immediately comply with [a] written or verbal exclusion notice shall be grounds for criminal prosecution for Trespass [LAW NUMBER], GROSS MISDEMEANOR
57 OFFENSE. The areas and properties involved on which you are not allowed are as follows: All [AGENCY] vehicles, marked bus stops, bus stop shelters, park and ride lots, transfer centers, or any other property. Signed ___________________ Title I have read and/or have been read and understand these restrictions. I fully understand that failure to immediately comply with this notice may result in an Exclusion of Service order. Signed ____________________ Date _____________________ Witness Date ______________________ REINSTATEMENT CONTRACTS, TRANSIT REINSTATEMENT OF PRIVILEGES CONTRACT I ______________________ agree in return for my privileges, to abide by the "Rules of Conduct for [AGENCY] Vehicles, facilities and Properties. I also agree to abide by the laws of the State of [NAME] which include [LAW NUMBER], unlawful bus conduct. I understand that, if I violate any of the Rules of Conduct, the Bus Operator, Supervisor, or any employee may order me off the bus and out of a facility. I understand that if I refuse to immediately comply with this order that I will be in violation of Criminal Trespass, [LAW NUMBER] which may result in my arrest. Signed ___________________ Title Date I have read and/or have been read and understand these restrictions. I fully understand that failure to immediately comply with this notice may result in an Exclusion of Service order. Signed ____________________ Date _____________________
58 Witness Date ______________________
