Admissibility and Public Availability of Transit Safety Planning Records (2018)

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55 Study Committee Biographical Information Michael S. Townes, Chair, retired as Senior Vice President and National Transit Market Sector Leader at HNTB Corporation in 2016. Before join- ing HNTB, he worked as the National Transit Services Leader for CDM Smith. Previously, he had been President and Chief Executive Officer of Hampton Roads Transit in Virginia from 1999 to 2010. Mr. Townes has served in the public transportation industry’s top policy position as Chair of the Executive Committee of the American Public Transportation Associa- tion (APTA), which represents more than 400 public transit organizations in the United States and Canada. He also served as Chair of the Legislative Committee and as Co-Chair of APTA’s Reauthorization Task Force, which was the committee that established the national transit position on surface transportation reauthorization bills. He has held other national industry leadership positions as well, including Chair of the Transportation Research Board (TRB) Executive Committee as well as Chair of the Mineta Trans- portation Institute Board of Trustees. He is the recipient of several awards, including the Conference of Minority Transportation Officials Executive of the Year Award, the Women in Transit Committee Achievement Award, and the Distinguished Public Service Award from the Conference of Minority Public Administrators. Mr. Townes holds a bachelor’s degree in political science and a master’s degree in urban regional planning from Virginia Commonwealth University. Edward K. Cheng is a Professor of Law at Vanderbilt Law School. His research focuses on scientific and expert evidence and on the interaction between law and statistics. Professor Cheng is a co-author of Modern

56 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS Scientific Evidence, a five-volume treatise that is updated annually, and he is the host of Excited Utterance, a podcast focusing on scholarship in evi- dence and proof. His articles, in which he explores evidence law from an empirical and statistical perspective, have been published in the Yale Law Journal, the Columbia Law Review, and the Stanford Law Review, among other prestigious law journals. Professor Cheng teaches Evidence, Torts, and Statistical Concepts for Lawyers, and he is a six-time winner of the Hall–Hartman Outstanding Professor Award for excellence in teaching. He holds a B.S.E. in electrical engineering from Princeton University, an M.Sc. in information systems from the London School of Economics and Political Science, an M.Phil. in statistics from Columbia University, and a J.D. from Harvard Law School. Thomas B. Deen (NAE) is former Executive Director of TRB, a posi- tion he held from 1980 to 1994. Before joining TRB, he was Chairman and President of PRC-Voorhees, a transportation engineering and consult- ing company with clients worldwide. He served as Chief Planner of the Washington Metro subway system during its development in the 1960s. He served as Chair of the national committee that produced the first strategic plan for intelligent transportation systems for the United States. Since his retirement, Maryland’s governor appointed him as Chair of the Transpor- tation Solutions Group, which recommended new solutions to transporta- tion problems in the Washington, D.C., region. He was also Co-Chair of a task force evaluating the proposed magnetic levitation transit system between Washington, D.C., and Baltimore. In 2003 he was Vice Chairman of a National Research Council committee recommending methods for transporting highly radioactive spent nuclear fuel to the Yucca Mountain geological repository. In 2005 he served as Chair of a task force exam- ining deck failures on the Chesapeake Bay Bridge. Mr. Deen received a bachelor’s degree in engineering from the University of Kentucky, finished a postgraduate program at The University of Chicago, and completed the transportation program at Yale University. He is a registered professional engineer in six states. Julie S. Hile is Founder and President of Hile Group, an international safety culture change consultancy whose work centers on high-hazard sectors, including freight and passenger rail, marine transportation, and marine and general construction. Her work in safety performance improvement engages organization stakeholders from the new hire through middle management to the executive team as essential collaborators who together achieve systemic, lasting change. She is known for facilitating positive working relationships between groups who have well-established histories of disagreement and mistrust. Ms. Hile is a longtime advocate for the embedding of safety into

STUDY COMMITTEE BIOGRAPHICAL INFORMATION 57 operations as a means of ensuring management accountability for safe work as a matter of daily practice. Her early model for participative safety rule book revision has been credited with contributing to reduced injury rates at numerous North American railroads. She helped lead implementation of the Federal Railroad Administration’s Confidential Close Call Reporting System pilot project, which drew on her multiple cause incident analysis process as a key problem-solving component. She is a frequent speaker and author in the areas of safety culture change, transformative safety, stake- holder engagement, and learning transfer. She holds a bachelor’s degree in secondary education from the University of Wisconsin–River Falls and a master’s degree in English from Middlebury College. Gerald Kelley is a former General Counsel for the Massachusetts Bay Trans- portation Authority (MBTA) in Boston, having retired on December 1, 2014. He had worked for MBTA since 1994. Before holding that position, he served as the Senior Regional Counsel for the Boston Regional Office of the Federal Deposit Insurance Corporation, as the Assistant Attorney General for Massachusetts, and as a Commander in the U.S. Coast Guard. He holds a bachelor’s degree in history and political science, a J.D., and a master of laws in tax, all from Boston College. John C. Milton is the Director of Transportation System Safety, Quality and Enterprise Risk and is the State Safety Engineer at the Washington State Department of Transportation (DOT). He began working at the Washington State DOT in 1989 and has held positions in geometric design, planning, traffic operations, safety, and risk management. Before he took his current position in 2015, he had been an assistant state design engineer, a Mega Project director and chief engineer, and Director of Enterprise Risk and Safety Management. He holds a bachelor’s degree in civil engineer- ing and a master’s degree in engineering management from Saint Martin’s College and a master’s degree in civil engineering and a Ph.D. with an emphasis in highway safety from the University of Washington. He is a member of the American Association of State Highway and Transporta- tion Officials (AASHTO) Committee on Safety, its Special Committee on Research and Innovation, and its Subcommittee on Risk Management. He is Chair of TRB’s Highway Safety Performance Committee, which is responsible for the development of the AASHTO Highway Safety Manual. He is also a member of the Geometric Design Committee and the Oversight Committee for Use and Oversight of Strategic Highway Research Program 2 Safety Data. Dr. Milton is a member of the National Committee of the United States of America World Road Association (PIARC), where he is assigned to the Safety Programs and Policy Technical Committee, and he is a working group lead and Chief Editor for the PIARC Road Safety Manual.

58 ADMISSIBILITY AND AVAILABILITY OF TRANSIT SAFETY PLANNING RECORDS He has served on numerous National Cooperative Highway Research Pro- gram panels related to roadway safety and design. Alan B. Morrison is the Lerner Family Associate Dean for Public Interest and Public Service at The George Washington University Law School. He is responsible for creating pro bono opportunities for students, bringing a wide range of public interest programs to the law school, encouraging students to seek positions in the nonprofit and government sectors, and assisting students in finding ways to fund their legal education and allow- ing them to pursue careers outside of traditional law firms. For most of his career, Dean Morrison worked for the Public Citizen Litigation Group, which he co-founded with Ralph Nader in 1972 and directed for more than 25 years. His work involved law reform litigation in various areas, including open government, opening up the legal profession, suing agencies that fail to comply with the law, enforcing principles of separation of pow- ers, protecting the rights of consumers, and protecting unrepresented class members in class action settlements. He has argued 20 cases in the Supreme Court. Among the cases in which he prevailed are Goldfarb v. Virginia State Bar (holding lawyers subject to the antitrust laws for using minimum fee schedules), Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council (making commercial speech subject to the First Amendment), and INS v. Chadha (striking down more than 200 federal laws containing the legislative veto as a violation of separation of powers). He currently teaches civil procedure and constitutional law. He previously taught at American University, Harvard University, Hawaii University, New York University, and Stanford University law schools. He is a member of the American Academy of Appellate Lawyers and was its president in 1999–2000. Among other positions, he served as an elected member of the Board of Governors of the District of Columbia Bar; a member and then senior fellow of the Administrative Conference of the United States; a member of the American Law Institute; and a member of the Committee on Science, Technology, and Law of the National Academies of Sciences, Engineering, and Medicine. He is a graduate of Yale University and Harvard Law School, served as a commissioned officer in the U.S. Navy, and was an assistant U.S. attorney in New York.