Good morning.

I'm Council Member Gil Schussler, Hart Chair Board, Hart Board Chair, please solve us all electronic devices with duration of the meeting.

Welcome to the May 4th, 2026 Board of Directors regular meeting, which is now called to order.

The meeting format is hybrid with board members physically present at the Hart Administrative Offices, 1201 East 7th Avenue, Florida Conference Room, and participating via communication media technology.

Please join me.

Who would she say?

Thank you very much.

Um staff Daniel, would you please take attendance?

Yes, sir.

Present.

Here MacAlpatrick.

Here.

Here.

Thank you.

Director Miller.

Director Myers?

Here.

Director Nebrick.

Here.

Chair Schesler.

Here.

Director Smith.

Here.

Director Vieira.

Director Williams.

And Director Wolstall.

Here.

You do have a form, sir.

Thank you very much.

Okay, next is public comment.

We'll start with a statement from board counsel, Mr.

Jeff Gibson.

Mr.

Gibson, you're recognized.

Thank you, uh Chair.

Members of the public have the right to speak on any relevant issue during the public comment process.

However, certain items may be rooted in contract, pending legal recourse or prohibited by this board's policy, which prohibits involvement by this board in the normal employer-employee relationship between the CEO and any other employee or employee union of heart.

While the public could address those matters, board members are advised not to discuss them during this meeting.

Thank you, Mr.

Gibson.

Heart Board of Directors welcomes comments from citizens about any issue or concern.

Your opinions are valued in terms of providing input to the board members.

When addressing the board, comments shall not shall be not be directed personally against the board member or staff member, but rather um at the issues.

This provides a mutual respect between the board member staff and the public.

The board has set aside a 30-minute period for public comment as stated in HARP Board Policy 2104A.

The chair will call on speakers by name in order for which the request to receive has been received.

When addressing the board, please state your name and speak clearly.

Up to three minutes are allowed for each speaker.

Please refrain from any discussions on any matters brought up during public comment until after public comment has been completed.

Mr.

Green, you're recognized.

I'll go first.

Is that okay?

Okay.

Thank you.

We will switch then to Mr.

Davis Smith.

Mr.

Smith, you're recognized.

Uh good morning.

My name is David Smith.

I'm here asking.

Oh, my name is David Smith.

I'm here asking for a fair review of the evidence of discipline issued and process that led to my termination.

Uh this case comes down to miscommunication, contradiction, contradictory evidence, an excessive and inconsistent discipline.

Um pattern of discipline be uh begins with an A-Wall and a miss out.

Before the incident that led to my termination, I was issued both an AWAL and a miss out for the same event.

Even if uh even if it was later removed, it was still issued.

The matter that matters because it shows that it shows the first sign of discipline being stacked.

So my question is simple.

Was the issuing supervisor ever asked why that miss out was issued?

Because if he wasn't, then the investigation into the decision was incomplete.

This is important because it shows a pattern of escalation, not correction.

Um the A infraction with dispatch logs, um, contradiction at approximately 5 30.

The dispatch law clears uh clearly states ROCC confirms 1976 can depart, and that 428 is drop-off only.

This is the official record.

It also shows that I was told 428 stop.

I responded, I was I was uh I was dropped doing drop-off only.

That response was acknowledged with a 10-4.

Nowhere in the log does it say I was told to stop and pick up passengers, however, the written narratives claim that I was so we have direct contradiction.

The official dispatch law confirms drop-off only, the written narratives added instructions that were never recorded.

Those two things cannot both be true.

I acted in good faith based on what I heard and what was confirmed in real in real time.

This is not insubordination, it is miscommunication.

Uh the B infraction, unequal discipline.

This situation um involved more than one employee.

I received a B infraction while the other individual involved did not, despite being part of the same interaction.

That is on unequal enforcement.

Discipline should be applied consistently in the case, and it was not.

The C infraction and termination uh did not follow progressive discipline.

Even if there were concerns about tone or communication, those are minor correctable issues.

Instead, they were escalated along with the A and B infractions into termination.

My record does not show a pattern that justifies that level of discipline.

This is not progressive discipline, this is escalation and overreach.

Good in faith, uh good faith and escalation.

Earlier in my employment, I raised concerns about the unsafe working conditions, non-functioning AC units affecting operators.

I did that in good faith.

After that, the level of the level and frequency of discipline increased significantly.

I am asking the board to consider whether that reflects the breakdown and fair treatment due process.

I did not provide, I was not provided evidence before my hearing.

Key individuals were not clearly investigated.

Thank you, sir.

Thank you for your time.

Mr.

Green, you're recognized.

Good morning.

What he's talking about is the um trolley.

Um Chester is his name.

I don't know his last name, sorry about that.

But what's happening is that Hart is using the administration policy and the union handbook, the CBA, right?

They circumventing how they use the policy to terminate the employees.

Now, what you see, what you have in your hand is clear communication from dispatch to the dispatch okaying him to do what he was supposed to do, and they stack the deck on him, right?

In which that's what they that's what they're doing.

They don't they're firing a lot of people based upon the policy, their policy that they have with the it versus going by the CBA, the union contract.

So this has been happening, right?

And it continues to happen at some point in time, we're gonna have to address this, right?

Yeah, either here through a meeting, or on the streets, right?

So this has to stop.

Employees are getting fired because I don't know what because the pressure is on them.

They they nothing wrong with in for enforcing the policy, but when you're using two uh the administration policy in the union CBA to circumvent from using the CBA, that's that's that's not fair.

So all I'm asking is that y'all really read through this because that it's clear and taking taking uh infractions off somebody's uh record clearly shows that this guy was targeting.

It's always targeting.

That's what that's what's happening around here.

So that's all I have to really have to say until June.

Thank you.

Thank you, sir.

Okay, move thank you for all for your comments moving on to approval minutes.

The next agenda item is approved.

The meeting meeting minutes for April 6th, 2026, for the board of directors regular meeting.

I'm sure everybody's had a chance to read it.

Is there any mo is there a motion to approve?

Move to approve.

Second motion second.

Any discussion on the motion?

Appearing to be not all in favor, please saying aye.

Any opposed?

But thank you.

Um now moving on to the heartboard of directors.

Um forwarded a uh uh adopter visions to the heartboard policy 430.02.

Excuse me, substance abuse program policy.

Mr.

Jeffrey Gibson, Heart Board Council will introduce this agenda item.

Thank you.

Um Chair Schisler, members of the board, Mr.

Drainville.

Uh per Heart Board Policy 320.01 procedure for amendment of policies.

The board may from time to time amend these policies or other procedures.

The amendment process shall be initiated by an affirmative vote of the board of directors.

At the September 8th, 2025 board meeting, the Hart Board of Directors unanimously passed a motion to initiate revisions to the HARP board policies.

Clerk of the board established a policy development and adoption schedule as follows.

April 20th, 2026 was the first reading at the Finance and Audit Committee, who made a recommendation to proceed with the second and final reading and adoption.

Today, May 4th, 2026, is the second and final reading and adoption of the policy provision revisions.

I would like to invite Miss Audrey Evans, Director of Human Resources, to walk through the proposed changes.

Ms.

Evans, you're recognized.

Thank you.

Good morning.

Morning, Chair, Board Members, Mr.

Drainfield.

Today I'm presenting for the final adoption revision to board policy 430.02 substance abuse program policy.

Do I change slides?

All right.

So why this matters?

These revisions address all the findings from the recent Federal Transit Administration audit aligned with policy 49 CFR parts 40 and 655, and it ensures that we remain compliant, audit ready, and eligible for federal funding.

Before this, um we had partial compliance and unclear rules, and now we are fully compliant.

We have clear and enforceable rules.

Some of the key policy improvements, clear prohibited behaviors, specifically in the alcohol, um breath alcohol limit can only be point oh four, and the timing rules.

Standardized testing categories, expanded refusal to test definitions, stronger reporting requirements, zero tolerance enforcement, and audit ready documentation and defined rules.

The FTA requires that all covered employers to maintain a board adopted drug and alcohol policy.

Following the audit, several areas were identified for update, including definitions of covered employees, post-accident alcohol testing timing, and pre-employment testing thresholds.

So as you can see, some summary of the findings, some examples were covered employees, post-accident, and again pre-employment alcohol testing thresholds.

Some of the key revisions we have strengthened and clarified the policy to ensure full compliance and consistency.

This includes clearly defining prohibited behaviors, including the point oh four BAC threshold and required timing rules.

Standardizing all drug and alcohol testing categories, expanding and aligning definition for refusal to test, strengthening reporting requirements, including written notification of drug-related convictions, reinforcing a zero zero tolerance standard in key circumstances, and enhancing documentation record keeping and oversight responsibilities.

We have also aligned the board policy with the drug and alcohol program manual to ensure consistency in how the policy is implemented.

Why the board approval is required is because there are substantive revisions in this.

The FTA requires that formal board adoption.

Administrative or technical updates can be handled internally, but these changes rise to the level requiring board action.

Next steps upon approval, the policy will be updated in the board policy manual.

The FTA will be notified, and then revised policy will be distributed to all employees.

There is no financial impact associated with these changes.

Staff respectsfully recommends approval of this reviv resolution.

Thank you, and I'm happy to answer any questions.

Any questions?

Move approval.

Second.

Motion is second.

Any discussion on the motion?

Appearing to be none.

All in favor indicate by saying aye.

Any opposed?

Motion carries.

Thank you very much.

Okay, next on our list is the excuse me.

I'm sorry.

Consent agenda.

Finance and audit committee met on April 20th, 2026 to and recommended approval agenda items 5A through 5C.

Are there any questions for staff about the consent agenda items?

We have a move motion to approve.

Do you have a second?

Second.

Move the consent budget.

Okay, we have a motion and a second.

Any discussion of the motion?

Appeared to be not.

All in favor, please indicate by saying aye.

Any opposed?

Thank you very much.

Next we move on to the chief executive officer's report.

Mr.

Drainfield, you're recognized.

Thank you, Chair, and good morning, board members.

So I'd like to start off with the officially introducing our new director of procurement and contract services, Daniel Marty.

Daniel is an accomplished procurement and contract management management leader with more than 15 years of experience in the public sector, specializing in transit and infrastructure environments.

He has successfully led multi-million dollar contracts, strategic sourcing initiatives, and organizational process improvements at agencies, including Dallas Area Rapid Transit, the Virginia Department of Transportation, and most recently the DFW International Airport.

Recognized by his collaborative leadership style, Daniel is dedicated to advancing transparency, operational excellence, and supply diversity.

He also certifications in CPPO, CPPB, NIGP, and is completing his BA in operations and supply chain management.

Outside of work, Daniel is a U.S.

Army veteran and fluent in both English and Spanish.

Mr.

Marty is now no stranger to Hart, as he was a member of the Hart team from 2009 and 2011.

So let's welcome Daniel back.

So moving on, a few weeks ago, Hart submitted two applications for the community project funding requests within the fiscal year FY 2027, transportation HUD appropriations bill to support Hart's Paratransit Fleet Replacement Plan.

We submitted requests to Congresswoman Kathy Cast and Laura Lee.

Both of them have selected Hart's request for submission to the House Appropriations Committee to be considered for fiscal year 2027's federal funding.

Each in the amount of 2,400,000, totaling 4,800,000, which we use to replace 40 aging paratransit vehicles to provide better service for individuals with mobility limitations and ensuring equitable access to health care, work, and the community life.

I would like to thank everyone for their continued support for such funding seeking initiatives, especially Commissioner Cameron Sapeter and Myers who provide the letters of support for this request.

The budget and grants team successfully submitted two FDO discretionary grant applications under the commuter assistance program, or CAP, which supports projects and enhance commuter mobility to reduce single operating vehicle trips.

These applications were developed through collaboration across multiple departments, including facilities, operations, and other supporting teams.

I'm proud to report that HA has been awarded the Distinguished Budget Presentation Award by the Government Financial Association for its fiscal year 2026 budget, marking a major achievement in public sector financial management.

The recognition is the highest form of acknowledgement in governmental budgeting and reflects how and reflects Hart's strong commitment to transparency, accountability, and responsible stewardship of public funds.

To receive the award, Hart's budget document was evaluated against nationally recognized guidelines that assesses how well it serves as a policy document, financial plan, and operations guide.

The budget was required to rate it proficient in all four categories and meet 14 mandatory criteria to qualify.

The GFOA recognition reflects Hart's strong commitment to transparency and accountability.

This is an incredible accomplishment for our team and a clear validation of how continued efforts to be responsible stewards of public resources while building trust within our community.

The FTA released the 2026 certification and insurance for execution.

HART must execute current certifications and insurance each year to receive its FTA funds.

This execution certifies that we will comply with all applicable federal laws, regulations, and requirements.

Follow relevant federal guidance and adhere to FTA certifications and insurances.

This execution is certified through the completion of the annual transit management system or trams.

This is a major step forward in how we support both our employees and customers we serve.

This real-time technology enhances bus tracking, strengthens communication between operators and dispatch, and improves the accuracy of arrival information.

For employees, it means clearer direction, fastest support on the road, and a safer, more responsive operating environment.

For our riders, it delivers more reliable, predictable service with real-time updates that they can trust.

More than just a technology upgrade, CAD AVR reflects Hart's commitment to modernization, accountability, and building trust a transit system that works better for everyone in Hillsborough County.

Hart was notified this week that the Florida Transportation District 7 has reviewed Hart's Transit Development Plan or TDP, annual update submission for compliance with Rule 14.73.001 of the Florida Administrative Code and existing statewide guidance.

Hart was informed that the TDP meets all requirements and is therefore approved.

We continue to hold the department informational sessions every two weeks.

They are held in operators lounge at the 21st Avenue operations and maintenance facility.

Leaders and staff are on hand to answer any questions regarding procedures, upcoming projects, and hear concerns on various functional areas of the agency.

Moving on to safety and security.

Key topics included reviewing current emergency response protocols, identifying opportunities to strengthen interagency communication, and discussing planned updates onto training, drills, and resource coordination.

The group highlighted the importance of enhancing situational awareness tools, improving continuity of all operations planning, and refining joint response strategies for severe weather, community incidents and large scale emergencies.

And then lastly, Hyde joins the uh Heart for All program.

Hart is committed to ensuring our service accessible to everyone.

That's why I am proud to share that we are among the first transit agencies in Florida to join the Sunflower Program.

The sunflower program is an intentionally recognized symbol won by individuals with hidden disabilities, such as autism, spectrum disorder, dyslexia, and multiple sclerosis.

By participating in this program, we're helping create a more supportive and understanding environment for passengers with non-visible disabilities.

As part of the program role, our employees will be receiving training on how to recognize the sunflower lanyard and how best to assist those who wear it.

I want to thank everyone the role they play each day making heart a welcoming system for all.

And that concludes my report.

Okay.

Anybody have any questions, Mr.

Drainville?

Appearing to be none.

Um report, just a couple of things.

Welcome back, Mr.

Marty.

Good to have you back.

Uh the other is uh thank you to all the staff for their efforts with the Sunshine Um program.

It's the sunflower program, excuse me.

Um it's a big deal and and it it serves a lot of people in our community.

Um board counsel report, Mr.

Gibson, you're recognized.

I have nothing to report unless board members have something for me.

Any questions, Mr.

Gibson?

Okay.

Um Hart Board Committees are Section 9 of your packet and the reports from the Hart Board Representatives are section 10.

I'm sorry.

Oh, I'm sorry, I'm sorry.

Uh uh good morning.

I thought we was coming back with a report from our legal counsel regarding the um TCO line street car renaming because I'd asked for 60 days and then um Director Knight went with 30 days and it's supposed to come back today.

So um legal counsel sure thank you.

Um I've had uh several conversations both with TICO's legal department and their community affairs um uh people they have expressed um a desire to cooperate and work with HART, uh whether it be uh joint uh advertising.

Uh we need to get the streetcar, Hart, and TICO sort of in the same room together, and we just haven't been able to get that.

Tico has has asked us, HART, to come up with a business plan of some kind.

Um, I've spoken with this with Mr.

Dirk Drainville.

We aren't really in a position to have a business plan without the streetcar as at the table.

So that's that's where we are.

We were not able to get as far as we had hoped in the 30 days, but we certainly have had productive and positive discussions with TICO, like I said, both the legal department and their community affairs people.

Okay, um, Mr.

Chair, I want to be clear.

So when the board gives direction for us to come back, whether we have the information, give us an update during that 30-day period as you continue to negotiate.

Because that should be a part of the minutes of what we reflected instead of our last month's meeting.

So thank you for giving us an update.

Absolutely.

Thank you.

Okay.

Um moving on.

Um, any old business?

I believe that any other old business, any new business.

Appearing to be none.

Uh this includes our regular business today meeting is now adjourned.

Thank you very much, everyone.