Headway March 1990
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Number 3 Volume 18 March 1990 rrABLE loF ONTENTS Court Rules Against UMTA Drug Testing Rule Transit Police Confiscate Bus Passes 4 RTD, among other transit properties regulated and funded by the Urban Mass Transportation Administra- Leading in Graffiti Abatement 5 tion (UMTA), will not be required to implement a federally mandated drug testing program that was to March Fong Eu Visits Division 3 6 begin December 21 following a ruling issued by the U.S. Opening Up the TOS Position 7 Court of Appeals for the District of Columbia on Janu- ary 19. TOS Aids LAPD in Murder Suspect Capture 8 The drug testing program was appealed to the federal circuit court by the Amalgamated Transit Learning Center Opens 9 Union (ATU) and other unions after a federal district Chokan Named Sailor of Year 11 court ruled in favor of UMTA's program. The manda- tory drug testing program would include urinalysis MIS Building Teams Through Meta-Planning 12 testing of employees selected for sensitive-safety positions; prior to employment; after an accident where A Hero in Cypress Park 14 death, injury requiring medical attention, or $5,000 Commendations 15 property damage occurred; when reasonable suspicion of drug use exists; randomly unannounced testing; and Somebody Needs You . Buckle Up! 18 before returning to work for anyone who failed a post- accident, reasonable cause, or random drug test. The Bus Goes for Test Ride 19 purpose of the rule was to ensure a drug-free transit Public Commendations 19 workforce and to eliminate drug use and abuse in the public transit industry. Shifting Gears 20 Before the district court, the union argued that UMTA's drug testing regulations pertaining to Schedule Changes 21 random drug testing violated the Fourth Amend- Blue Jays Take RTD Title 21 ment's prohibition against unreasonable searches and seizures. While the case was pending, other unions Letters to the Editor 22 raising similar constitutional issues found courts not inclined to find a violation of the Fourth Amendment. Mobile Mechanics 23 Instead, the ATU challenged UMTA's legal authority to Ensuring Pedestrian Safety 23 impose a federally designed, comprehensive drug testing program on all recipients of federal mass transit Chunnel Engineer Journeys Into Metro Tunnel 24 funds. The statute, drafted by Congress, which culmi- Division 9's Christmas Party 27 nated in the Urban Mass Transportation Act and Mhintenance-Transportation Softball Game 28 created the administrative agency, UMTA, details its scope of authority. UMTA can exercise certain inter- Breakfast at Division 15 30 ventions and conduct investigations into local safety matters, but this authority does not include rulemak- Christmas Collection for the Elderly in Mexico 30 ing on uniform, national criteria to be imposed on local Operator Hosts Classical Radio Program on KCSN 31 transit authorities. The court held that if Congress had intended to give UMTA broad rulemaking authority Operator's Daughter Meets George Bush 32 over safety matters, it would have expressed such an intent in the Act. Births 33 Locally, the District was issued a temporary re- Recent Retirees 34 straining order by a Los Angeles superior court judge on December 14, 1989 to prohibit RTD from imple- Did A Red Car Usher in Atomic Age? 35 menting the random testing portion of the anti-drug program. RTD Goes to the Movies 36 The action was in response to a lawsuit filed by the Axel's Green Thumb 38 continued on page 4 . MARCH 1990 HEADWAY 2 Board Appoints Two Engineers to RCC by Greg Davy, Sr. News Bureau Representative Two Los Angeles area engi- Kruse has served as six civil engineering seventh to be elected by a neers with decades of co-chairman of the Con- awards. majority of the other six. major public works struction Laborers Pension The RCC is governed by The RCC is responsible for construction experience, Fund and the Construction a seven-member board rep- planning and administer- including public mass Laborers Health and resented by three appoint- ing the Metro Rail Red Line transit projects, were Welfare Fund. ees from the RTD, three subway project. appointed to represent Kruse was president of from the LACTC and a the RTD on the newly the Associated General formed Rail Construction Contractors of California in Corporation (RCC), a 1985 and has chaired Lt. Sharon Papa Selected subsidiary of the Los several of that organiza- Angeles County Transpor- tion's units including the Transit Police Chief tation Commission heavy construction and (LACTC) in February. utility division, and the scheduled to become The Board unanimously long-range planning operational in July. approved the appointment committee. Papa joined the to the RCC board of Glen- Kruse also was chair- District in 1981 as a patrol dale resident Robert E. man of the national public officer, working her way Kruse, president of Kruse relations committee of As- up the ranks to Sergeant in Construction, Sun Valley, sociated General Contrac- 1984 and Lieutenant in and James T. Pott, a Long tors of America and served 1987. She also has served Beach resident, proprietor as a member of its na- as acting Assistant Police of James Pott & Co., a tional executive committee. Chief since 1988. project consultant. Pott is a civil engi- "Ms. Papa brings to A University of South- neer whose experience the District the leadership ern California graduate, spans numerous public and knowledge of law Kruse was an officer in the works projects. In 18 enforcement at a time U.S. Navy in the Korean years of service in Santa RTD Transit Police Chief when the District is war. From 1953 to 1968 Clara County, he served Sharon Papa. beginning a new era in he was a general superin- as director of the Santa Sharon Papa, a nine-year transportation with the tendent and part owner of Clara County Transporta- veteran of RTD's Transit start of light rail operations MacDonald Kruse Con- tion Agency where he was Police forte, was ap- in the county," said Pegg. struction Co. responsible for all transit, pointed the District's new "It is the District's intent to In 1968 he became airports, and highways. He Transit Police Chief, provide a safe environment president of Kruse Con- was Director of Public announced General for our riding passengers struction Co., headquar- Works and City Engineer Manager Alan Pegg on on both bus and rail." tered in Sun Valley in the for the City of Long Beach February 2. Papa received her San Fernando Valley. The for six years, followed by Papa oversees the Associate in Arts degree in firm has built $147 million a four-year stint as vice District's Transit Police Administration Justice in heavy construction work president of O'Brien- department and supervises from Santa Monica College. with a specialty in flood Kreitzberg & Assoc., Inc. 217 transit police person- She also has a Bachelor of control, highways, soil in Encino, where he over- nel, including over 100 Arts degree in management stabilization, and tunnel- saw business development sworn officers. Her from the University of ing, including the Oakland and managed major responsibilities include Redlands and is currently Wye for the Bay Area projects such as transporta- policing the bus system working on her law degree Rapid Transit District. tion consultation. that encompasses five at Southwestern Law The firm also built two sta- As owner of James Pott counties and covers School. tions with connecting tun- & Co., he serves as a devel- nearly 2,300 square miles. Prior to joining the nels for the Metropolitan opment consultant. She also will be respon- District she was a police Transit Authority in Wash- A Stanford University sible for Blue Line secu- officer for the city of ington, D.C. graduate, Pott has earned rity. Blue Line trains are Santa Monica. MARCH 1990 HEADWAY 3 Transit Police Confiscate 72 Bus Passes by Rick Jager, Sr. News Bureau Representative In a nine-month period, the Angeles, Nightingale Junior dents during the past ten passes by Transit Police Of- Transit Police confiscated High in Cypress Park, months include (in rank ficers. 72 bus passes from Audubon Junior High in order) Long Beach, South -Denial of discount pass vandals caught in the act of Inglewood, Foshay Junior Gate area, South Central rights after due process damaging and defacing High, Starr King Junior Los Angeles, Huntington hearing. District buses. High, and Washington Park, Leimert Park, -Increased penalties for At the same time, Carver Junior High all in downtown Los Angeles, vandalism-related offenses. RTD has identified ten Los Angeles; Nimitz Junior Coliseum area, Inglewood, -Implementation of a schools throughout the High in Huntington Park; and West Los Angeles. bus clean-up program region where acts of graffiti South Gate Junior High in Last April, the RTD through the County and vandalism to RTD South Gate; and Reid Board of Directors approved Probation Department. buses continue at a high Continuation High School a measure authorizing the "All of these pro- rate. in Long Beach. Transit Police to confiscate grams, combined with In addition to confis- 111n1111111111111111M111111113 the bus passes of vandals stiffer penalties and cated bus passes, under "This can be caught in the act of apply- tougher sentencing for the District's vandalism directly attributed ing graffiti to RTD buses, or individuals caught defacing abatement program a total to an aggressive otherwise defacing a bus. public property, should of 594 arrests have been RTD community Further, the board rec- provide the mechanism for made and more than 500 relations ommended that students improved quality bus citations issued to individu- program . ." should have their RTD-is- service this region Je- als for graffiti and vandal- sued student ID's revoked.