Plenty of employers build apartments for their staff. For example a little bed and kitchen so the on-site security guard can sleep overnight but still be on site. Many jobs require a human nearby all the time, but there is no need for them to be actively working.
If someone else was on duty at that site next week, then that person would be staying in the apartment.
I suspect that is what these were.
So the only real crime is violation of zoning laws.
I can't imagine this would violate zoning laws if the employer did it and declared it it as a temporary structure for construction staff. And the expense wouldn't have raised an eyebrow for the agency reviewing the construction contract. Maybe some permitting laws - should someone have signed off on the kitchenette being properly vented, etc.
This is an employee slacking off to build a side project that will be owned by to the company, but mostly has value for himself. Which wouldn't normally be a criminal matter, but the laws are (correctly) stricter about doing this kind of thing with public funds.
> So the only real crime is violation of zoning laws.
Caltrain is a government agency – it is incorporated by its three member counties under the California Joint Exercise of Powers Act, which enables two or more public agencies to agree to create a new jointly controlled agency, and delegate some of their powers to it. As such, do zoning laws actually apply to Caltrain? I don't know the answer to that question, but I wouldn't assume the answer is necessarily "Yes". Zoning laws are primarily targeted at private actors (private corporations and individuals) and government agencies are not always bound by them.
It is true that the work these Caltrain employees were doing was not authorised by upper management, but they were making improvements to Caltrain property and using Caltrain funds to do so, so most likely they still legally count as acts of Caltrain.
> They did this without anyone else's knowledge or approval. They were used only by the conspirators
But now the employer knows about it, they should be able to make these facilities available to any of their employees or contractors who might be able to use them, in a way which could benefit the employer.
For example, if someone has to work overtime in an emergency, allowing them to stay the night in one of these apartments could allow them to save commuting time and be better rested for the next day, which could improve performance (and reduce safety risks due to tiredness). Or, if someone needs to be rostered on-call to respond to unexpected events, having them stay in one of these apartments may improve their response time if they are called in
The hurdles to get over to reach this logic path is amazing.
They used employers funds without approval to build something that benefited themselves. Sure, it happened on employer property but without any type of approval. That is theft, let us not try to come up with complicated explanations to say its not theft.
If someone else was on duty at that site next week, then that person would be staying in the apartment.
I suspect that is what these were.
So the only real crime is violation of zoning laws.