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During a two-hour closed-door vote on Thursday, BART directors requested that Dugger resign by a 5-4 vote. But after legal concerns, they took back their request.
California's Brown Law requires open meetings and advance public notice about what's on the agenda at the meeting.
"In my opinion, it was a violation of the Brown Act," Director Joel Keller told the Chronicle.
Dugger was hired in August 2007 as the first female general manager in BART's history. Some board members accuse her of losing about $70 million in funds for the Oakland Airport Connector and poorly handling the killing of Oscar Grant last year, among other things.
BART Board President Bob Franklin issued a statement:
"On February 10, 2011, the BART Board of Directors met in closed session to discuss the annual performance evaluation of the General Manager. This discussion will continue at the next BART Board meeting. Because this agenda item occurred in closed session and involved a personnel issue, the law prohibits anyone present in the closed session from revealing any details."
BART spokesman Linton Johnson said Dugger is still the transit agency's general manager.