The Metropolitan Transit Commission last month directed the city of Charlotte to hire an outside consultant to investigate the Lynx Blue Line derailment last year. The city has said it won’t do that, and will instead have the federal government speed up an already scheduled audit of the transit agency.
That dispute erupted during a meeting Wednesday night, with MTC members and city officials bickering over who has the power to manage the transit system, and even whether the governing board is just a rubber stamp.
Mecklenburg Commissioner Leigh Altman has been the most vocal MTC member about hiring an outside investigator. Beyond the May 2022 derailment and the Charlotte Area Transit System's admission that its entire rail fleet needs repairs to make sure more trains don't come off the tracks, there have been other safety lapses like missed bridge and parking deck inspections. And in Wednesday night’s meeting, she listed a number of instances in which the city has said one thing — and then had to backtrack and say something else.
One example: City Manager Marcus Jones saying he was never told about the derailment, but then acknowledged he had been told. Another one she pointed to was the city's admission that it was told to shut down rail operations if CATS couldn't staff more than one controller in the rail operations center.
"When we were told the trains were safe, NC DOT (Department of Transportation) issued a fresh round of warnings that the rail operations in the ROCC (rail operations control center) were insufficiently staffed and it would shut down the rail entirely if more staff could not be added," Altman said. She continued: "I’ve heard statements of city officials minimizing the derailment and implying the seriousness of the situation — all of it, including, you know, not maintaining the trains for years, and all of it has in some sense been hyped."
Altman then talked about City Council member Ed Driggs, who chairs the city’s transportation committee.
"Regarding our unanimous vote for a third-party transit investigation a city leader said, quote, we, council will consider that when and if that’s helpful," said Altman.
The Charlotte Area Transit System is a city department. But under CATS’ split governance structure, the MTC — a countywide organization — also has oversight of big-picture policy questions, and can fire the CATS director. Altman said the MTC should be listened to, because the half-cent sales tax that funds transit is levied on all Mecklenburg County residents.
And she criticized the city’s position that the MTC can only ask for an investigation, not order one up. She said that's, "a surprising way to treat one’s partners. And surprising given the upcoming budget discussion we have tonight, and more broadly the upcoming discussions that will require everyone’s partnership on a transit tax and a regional transit authority."
She was referring to the city’s plan for a $13.5 billion transit plan — which will first need approval of the General Assembly and the county commission to place it on the ballot ... and then the backing of county voters.
"I respectfully submit to you all that our transit planning is in jeopardy if we do not respond appropriately," said Altman.
Driggs spoke next. He said Altman had approached her remarks like a masterfully constructed legal argument, which he criticized.
"I think it’s regrettable that your tone is so prosecutorial in this group. I think we are all part of a partnership that pursues common goals. I think we are all equally dismayed about what has come to light about CATS. I don’t see a basis of you raising questions as you implicitly are about Charlotte City Council and Charlotte’s ability to get to the bottom of matters and address them to the MTC," said Driggs.
Driggs then pointed out that Altman was chair of the MTC when the derailment happened last year, and that she didn’t do anything at the time. The problem with that statement is that CATS officials essentially hid the problem, telling no one about the derailment for nine months. And the city is adamant that former chief executive John Lewis never told the MTC about it.
Driggs then defended his position that the city would consider the outside investigation Altman and the MTC voted for, but didn’t have to act on it.
"I was the one that made the comment that you quoted. The word 'request' was used because you didn’t have the authority to use the word instruct. And you didn’t have the budget to impose this action," said Driggs.
Driggs said the city and the MTC shouldn’t be "fault-finding."
"We need to look ahead. The people who were most responsible for these conditions have left. And those are the heads that would have rolled, if there was a need to roll heads," said Driggs.
Charlotte Mayor Vi Lyles, who is the current MTC chair, then talked about Altman saying the impasse would be considered when her colleagues vote on the budget and the transit plan.
"And so if we’re going to play around with this idea of the budget and not have something that would actually stop our bus system from working, I can’t be a part of that," said Lyles.
A rubber stamp?
Over the last 25 years, the MTC has almost always voted to support what the city of Charlotte wants. Even as CATS has struggled with declining ridership and ongoing operational problems, meetings are usually cordial and nonconfrontational.
But Wednesday's debate left some members wondering if the MTC has a point — or is just a "rubber stamp" for Charlotte. Cornelius Mayor Woody Washam, who is an MTC member, questioned whether the group's votes on CATS' budget even have any significance.
"I’m not sure it matters whether we vote on a budget or not here. You know, legally. Can they go off and vote on a budget with their City Council and keep the trains moving? I bet they can," he said.
Huntersville Mayor and MTC member Melinda Bales gave her thoughts: "Well, that goes back to begging the question, why do we exist in the first place?"
In the end, the city of Charlotte won the immediate question on Wednesday.
The federal government will conduct the review — not an independent consultant. The city did agree to put one MTC member on a new City Council oversight group examining the transit agency.
