SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITIEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

July 31, 2008

The Honorable Judith T. Won Pat Speaker I Mina Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatfia, Guam 96910 4'4srr- Re: Committee Recommendation 3· 3D p Ii\_ g- ~ - o«{ Dear Speaker Won Pat:

The Committee on General Governmental Operations and Reorganization, to which was referred Bill No. 203 (EC) An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re-establishing the Guam Mass Transit Authority, herein reports the Bill back, as Subsituted by the Committee, with the recommendation TO REPORT OUT ONLY.

Votes are as Follows:

TO DO PASS

0 NOTTO PASS

TO REPORT OUT ONLY

0 ABSTAIN

0 IN ACTIVE FILE

Sincerely,

Senat~ Ishizaki

155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishizaki(a)te. net itww. (ra 11kish izaki. com SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

July 31, 2008

MEMORANDUM

TO: All Members Committee on General Governmental Operations and Reorganization

FROM: Chairman

SUBJECT: Voting Sheet

Transmitted herewith are the voting sheets and the Committee Report of the Confirmation Hearing on Bill 203 (EC) An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re-establishing the Guam Mass Transit Authority, as substituted by the Committee for your review and signature.

Your attention to this matter is greatly appreciated.

Attachments

155 Hesler Street, Hagatna, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishizaki(a ire.net H1t•w.[rankishizaki.com , SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

VOTING RECORD

BiJJ No. 203(EC): A n act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title-/- GCA relative to re-establishin,I!, the Guam A1ass Transit Authority, as substituted by the Committee TO PLACE IN NOTTO REPORT Committee Member Signature TO PASS ABSTAIN INACTIVE PASS OUT FILE ONLY Senator Frank T. Ishizaki, ·~ Chairman ;/fl , v- / Senator Frank Blas, Jr., { Member 11 / Vice Speaker Eddie Calvo, Member f(;'.1 / Senator Jim V. Espaldon, , \_/ / ' Member I~ Speaker Mark Forbes, Member ~~ .. Senator Judith P. Guthertz, • ------Member A / / Senator Jesse A. Lujan, v Member i )I\~( ¥. Senator Tina Muna-Barnes, Member Senator Adolpho ll. Palacios, c-z Member ~);;-, V/.:?j _/ Senator Rory Respicio, Member

Speaker Judith T. Won Pat, Member

155 Hesler Street, Hagatna, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishi::aki(l[ite.net www. ti·ankishizaki. com SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITTEE ON CALENDAR COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

Committee Report

Bill No. 203 (EC)

155 Hesler Street, Hagatfza, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · [email protected] ww11 ·.(ran ki sh i;aki. com Committee on General Governmental Operations and Reorganization

Public Hearing

Bill No. 203 (EC): An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re-establishing the Guam Mass Transit Authority.

I. Overview:

The Committee on General Governmental Operations and Reorganizations convened for a public hearing at 9:00 a.rn. on Thursday, May 22, 2008 to receive testimony on Bill No. 203 (EC): An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re-establishing the Guam Mass Transit Authority. Notice of the hearing was disseminated throughout all local media for 1 announcement on the 14 h of May, 2008. A second notice of the hearing was disseminated on the 20th of May, 2008.

Senators Present: Senator Frank Ishizaki, Chairman Senator Adolpho Palacios, Sr., Vice Chairman

Testimony submitted by: •!• Mark "Paps" Martinez •!• Evelyn Duenas, Guam Transportation Commission •!• Joseph Manibusan, Dept. of Administration •!• Manny Cruz, GTC •!• Ginger Porter, CEDDERS •!• Bruce Kloppenburg, Kloppenburg Enterprises Inc. •!• Mike Terlaje, CEDDERS/GTC •!• Felix Dungca Jr., Mass Transit •!• Thomas Manglona, GTC

II. Summary of Testimonies:

Mark "Paps" Martinez See attached letter Mr. Martinez is in favor ofbill 203. He believes funding can be organized and found for the Guam Mass Transit Authority, probably by apportioning part of the liquid fuel tax specifically for the entity.

Evelyn Duenas Ms. Duenas is in favor of bill 203. She feels reestablishment would alleviate problems that are reoccurring regarding Guam's public transit. Since the abolishment of GMTA as an independent agency, many problems have been encountered that are hard to address because of short staffing. Ms. Duenas submitted a compilation of complaints her office at GTC has received. Ms. Duenas feels this is the worst state that the public transportation on Guam has become with complaints. She explains the complaints received are often repetitive issues. She also believes more accountability should be held to the government to provide the services of a reliable transit system to the public. Ms. Duenas explained the importance ofreliability in the services of the transportation system of Guam.

Joey Manibusan Joey Manibusan is in favor of bill 203. He explained that our islands growth and need for mobility, environmental, and energy objectives places a great demand on the public transportation system. A safe and reliable transit system should be at the core of any livable community. In a common vision he describes that we are looking at creating a means to sustainable employment, safe neighborhoods, adequate housing, recreational and cultural activities, and a sense of community. Mr. Manibusan said the two key things in creating a livable community are access and mobility. A sound transit system must be a central factor in up keeping quality oflife. A reliable transit system can serve as a catalyst for downtown growth and renewal, can create opportunities for entrepreneurs and economic development, can improve safety and neighborhood amenities, can shape a communities growth~ A public transit system must be visible, viable, convenient, and it must be accessible, to everybody. Transit agencies must ensure the facilities and services they provide create a positive impact on the communities they serve. Transit is about serving the community. Mr. Manibusan gives example of other communities in the U.S. where the government is responsible for the public transit system. They may contract the services out to private companies but the bottom line is the government is responsible for the provision of the service to the public. He also stated that we can learn from neighboring communities' successes and failures in structuring our transit system. Three models Mr. Manibusan gave for transit system structuring were government owned and operated, government owned and administrated with contracted operations, and private ownership and operation. Strategies can be implemented such as design oriented, service oriented, land use oriented, and traffic-flow oriented designs. Transit can affect economic growth. As a result of the inevitable military increase on the island, transit has risen to becoming a high priority in the government and publics concern. Transit should be considered part of a community's infrastructure. Mr. Manibusan feels that bill 203 is a necessary and critical step towards revitalizing the mass transit system on Guam. How it looks and operates is all about the people and the governments choices on how to handle the situation. He stated that we must learn from mistakes made in the past.

Manny Cruz Mr. Cruz is in favor ofbill 203. He sees a great need for restoring the GMTA as an individual, self maintained entity. He said he remembers when it was federally funded it was running smoothly. Once the legislature decided to assign the duties and responsibilities to separate agencies, problems started to arise. Mr. Cruz stated he is glad because he feels the bill will bring back the authority to a central entity as so we can move forward in improving the sate of the island's public transportation system. The needs of mass transit for the island's people are desperate and should be considered a priority. At the time the GMT A was established, it was mainly to accommodate the needs of people with disabilities. Because of that, measures were pushed into action to serve the people. Mr. Cruz believes the planning of the system should include ideas from people with business, transit, and administration backgrounds.

Ginger Porter See attached letter Ms. Porter stated that she appreciates the interest of the senators in the issue of public transportation. She is in favor ifbill 203. She serves on a committee called the Mobility Planning team and has spent a considerable amount of time with her team looking over bill 203 and has submitted several suggestions to Senator Ishizaki's office on things that can be included to strengthen the premise of the bill. Ms. Porter believes an Authority type system would be best for the system and a central management core is needed to ensure the system is reliable and autonomous. Presently we are expecting for the director of DOA to be the head of transit but he does not necessarily have the background and expertise required to do so. Ms. Porter believes the hiring of someone with the attributes required to manage the GMT A is necessary and she feels that person should have to answer to a board in order to retain that position. The board for the proposed GMT A should not only be comprised of members representing the needs of the disabled but a variety including people with transit expertise, administrative backgrounds, etc. One thing that is essential about having a core management center is so the entity can develop expertise and retain it. Presently it is fairly easy to transfer between government agencies upon a transfer request. This has caused the transit system to lose its ability to retain any sort of patterned expertise. Transit is not just easy management of contracts. There are multiple and complex functions that are handed down from the federal government in regards to funding, rules, and regulations. This requires someone to build and retain an expertise on these functions in order to nurture the system in growth. The government needs to be at a point where it oversees operations, even contracted services, to ensure regulations and standards are adhered to.

Bruce Kloppenburg Mr. Kloppenburg said that there is a great need for a separate entity to own and operate the services of mass transit on Guam and he is in favor ofbill 203. He explained that the current situation for the past four years is dismal at best for all involved in the GMT A system. Since becoming involved there has been market improvement in the mass transit system but they cannot really make the system the best it can be until control is taken and centered on one entity. He said he is against the hiring of employees with no experience, and filling of jobs with people that are inadequately prepared to manage a transit system. He stated that escalating operation and fuel costs make it imperative that the reestablishment of the GMTA as an entity happens quickly. Things are getting out of hand in terms of fuel cost world-wide. As a result, mass transit is desperately needed. The system currently operating is not sufficient to serve the public and is mainly designed to serve the disabled portion of the community. Kloppenburg also said the failure of the government to issue a contract is another major problem and road block in improving the islands transit system. The government needs to just put a contract together and have private firms bid on it to get the ball rolling. Mr. Kloppenburg believes that with the establishment of an authority for transit services, much more could be accomplished in terms of a reliable and efficient transit system. Mike Terlaje Mr. Terlaje is in favor of bill 203. Mr. Terlaje believes the government should be held responsible for providing the public with a reliable transit system. The transit system's funding needs to be managed very critically at both the federal and local level. The current transit system is currently leaning on the side of providing services mainly to the disabled instead of to the general public as a whole. This is not just an attempt to establish a dumping ground for staff but a necessary entity under which a reliable transit system can be operated by people with adequate transit system knowledge. Mr. Terlaje reiterates that the retention of staff is imperative to the systems consistency and growth.

Felix R. Dungca Jr. Mr. Dungca is in favor ofbill 203. He stated that transit is an important part of the infrastructure in any viable community. Time is critical in taking necessary steps toward improving the island's public transit system. The authority needs to be reinstated in one entity to create stability and a central head of operations for a sound public transit system. The need for staff is dire as it is down to 5 staff members from 18 when the authority was a recognized entity. A transit authority must be fully autonomous and have a dedicated source of funding in order to be reliable and stable. As the transit system matures and becomes sound and stable, the reliance it has on outside funding can be reduced and a self-sustained system can develop. Revenues for the system can come from different venues such as advertisements, promotions, fares, etc.

Thomas Manglona Mr. Manglona said he is in favor of bill 203. He feels that the biggest mistake made by the government in regards to the transit system of Guam was putting the GMT A under DOA. He feels that the management of the transit system must be comprised of more qualified people than fill-ins just put there to do the job.

III. Findings and Recommendations:

The Committee on General Governmental Operations and Reorganizations finds that the issues addressed by Bill No. 203 (EC) should be held at a high priority as they have direct affects on the welfare of the people of Guam. With the increasing prices of fuel and services, a sound, reliable transit system must be established and furthermore, staffed with qualified, experienced employees. With the Guam Mass Transit Authority in place as an independent, autonomous agency, steps can be taken to make public transportation on our island reliable and accessible to our people. The steps toward establishing an efficient transit system need to be taken now as years have passed and lingering issues continue to flood government offices with complaints from disappointed citizens. Military build-up on Guam is certain and the infrastructure of the island must be renewed. The reestablishment of the GMT A to provide quality service to meet the needs of the public can serve as a great starting point. After receiving public input on Bill 203 (EC), the Committee has amended the bill to reflect the following changes:

• Composition of the Board will include a representative of the Mayors' Council of Guam, a user of the mass transit service, and a user of the para-transit service • Authorization for the new GMT A to consider the procurement and use of zero­ emission buses • Authorization for the new GMT A to consider various transit designs when implementing route schedules • Appropriation to fund initial start-up costs changed to $5.5 million

Bill No. 203 (EC) as substituted by the Committee on General Governmental Operations and Reorganization is duly reported to I Liheslaturan Guahan with the recommendation TO PASS. MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session

Bill No. 203 (EC)

As substituted by the Committee on General Governmental Operations and Reorganization Frank T. Ishizaki Adolpho B. Palacios, Sr.

AN ACT TO RE-ENACT CHAPTER 6 OF TITLE 12 GCA, AND TO AMEND §4105 OF CHAPTER 4 OF TITLE 4 GCA RELATIVE TO RE-ESTABLISHING THE GUAM MASS TRANSIT AUTHORITY.

BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings. I Liheslaturan Guahan finds that the

3 freedom to move about as one so chooses is a basic freedom that all in the

4 community should be able to enjoy and appreciate. I Liheslaturan Guahan s further finds that Public Law 26-76, which abolished the Guam Mass Transit

6 Authority, may have done more to hamper the community's transportation

7 needs than help. s Since Public Law 26-76 was enacted into law, the administration of

1 Public Transportation has been conducted by a small staff within the

2 Department of Administration. This staft working with the most basic

3 understanding of transportation needs and extremely limited resources, has

4 done all that they could to administer the public transit system on Guam. I s Liheslatura finds that despite the hard work and dedication of the people at the

6 Department of Administration, limitations on resources and capabilities

7 within the law have hampered their ability to meet the growing s transportation needs of our island.

9 I Liheslatura finds that the outsourcing of certain services such as

lo maintenance and operation of vehicles has its place in mass transit systems,

11 however there are certain operational requirements that should be under the

12 government's control. I Liheslatura finds that the government must operate

13 dispatch of vehicles, customer service, and data collection.

14 Therefore, it is the intent of I Liheslaturan Guahan to re-establish the

15 Guam Mass Transit Authority to devote full attention to the transportation

16 needs to the people of Guam.

17 Section 2. Chapter 6 of Title 12 of the Guam Code Annotated is hereby

18 re-enacted to read as follows:

19 "Chapter 6. Guam Mass Transit Authority

20 Article 1. General Provisions. 21 Article 2. Government. 22 23 2 Article 1. General Provisions. 2 § 6101. Title. 3 § 6102. Creation. 4 § 6103. Definitions. 5 § 6104. Purposes. 6 § 6105. Powers. 7

8 9 § 6101. Title.

10 This Chapter shall be hereby cited as the Guam Mass Transit Authority

11 Act of 2008.

12 § 6102. Creation.

13 There is hereby created the Guam Mass Transit Authority, a public

14 corporation. The Guam Mass Transit Authority shall have the exclusive

1s franchise for the furnishing of public transportation within Guam and on its

16 roads and highways. Except for private parking facilities, and for parking

17 facilities maintained and operated by the A. B. Won Pat Guam International

1s Airport Authority, GMTA shall have the exclusive franchise within the

19 government of Guam for the collection of fees for the furnishing of public

20 parking within Guam.

21 § 6103. Definitions.

22 As used in this Chapter, unless otherwise indicated:

23 (a) Authority means the Guam Mass Transit Authority.

24 (b) Board means the Board of Directors of the Authority.

3 (c) Director means a member of the Board.

2 (d)Executive Manager means the person employed by the Board to

3 supervise the administration of the Authority.

4 § 6104. Purposes.

s The purposes for which the Authority is created are to establish,

6 develop, promote and/or operate public transportation systems within the

7 territory of Guam together with incidental and related facilities and services s in order to provide adequate public transportation for persons residing in or

9 visiting the territory of Guam.

10 § 6105. Powers.

11 The Authority may:

12 (a) Acquire, construct, reconstruct, purchase, better, extend,

13 improve operate and maintain facilities for the purpose of

14 carrying out its mandate.

15 (b) Acquire by grant, purchase, gift, devise, lease, or permit in

16 accordance with the provisions and subject to the limitations of

17 laws of Guam including 5 GCA Chapter 5, and hold and use

18 any real and personal property necessary, convenient or useful

19 for the carrying out of any of its powers pursuant to the

20 provisions of this Chapter, and to dispose of the same.

21 (c) To enter into contracts, leases, concession agreements and

22 permits and to execute all instruments necessary or convenient 4 in the exercise of its powers, including without limitation, the

2 purchase of liability and casualty insurance for Authority

3 purposes, adopt a seal and sue or be sued in its own corporate

4 name.

5 (d) Employ agents and retain or contract for the services of

6 qualified consultants, specialists or experts, as individuals or as

7 organizations, to advise and assist the Authority and its

8 employees, all of which may be accomplished without regard

9 to the portion of the Personnel Laws relative to compensation.

10 (e) Impose, prescribe, revise and collect fees for the purposes of

11 carrying commercial advertisement on or around Authority

12 property.

13 (f) Establish schedules and fares to control the operation of the

14 Authority and such fares may be altered or modified only after

15 public hearing on any proposed changes, said hearing to

16 comply with the provisions of the Administrative Adjudication

17 Law and other legal requirements of Guam.

18 (g) Adopt such rules and regulations, pursuant to the

19 Administrative Adjudication Law, as may be necessary for the

20 exercise of powers and performance of the duties conferred or

21 imposed upon the Authority or the Board.

22 (h) Do any and all things necessary to exercise the above powers. 5 (i) Employ an attorney, enter into contract for legal services, or

2 enter into contract with the Attorney General to address legal

3 issues.

4 (j) Consider adopting environmentally sound practices such as s the procurement and use of zero-emission buses.

6 (k) Consider various route designs when planning and

1 implementing schedules. s The Authority shall:

9 (1) Operate the dispatching of vehicles.

10 (m) Monitor customer comments and respond to customer

11 comments in a reasonable and timely manner.

12 (n) Collect and record data pertaining to the consumers of the

13 mass transit services. Such data shall be made available to I

14 Liheslaturan Guahan on a quarterly basis. Such data shall

1s include, but not be limited to:

16 (1) the number of consumers utilizing the transit system,

11 (2) the types of services used by consumers.

1s Nothing contained in this Section, or by implication in this Chapter shall

19 be construed to be in any way in derogation or limitation of powers conferred

20 upon or existing in the Authority or in the Board by virtue of the Organic Act

21 and the laws of Guam.

22 6 Article 2. Government. 2 § 6201. Board of Directors. 3 § 6202. Executive Manager. 4 § 6203. Personnel. 5 § 6204. Mass Transit Fund. 6 § 6205. Limited Liability. 7

8 § 6201. Board of Directors.

9 (a) The Board shall consist of six (6) directors appointed by the

10 Governor of Guam, with the advice and consent of the Legislature

11 and One (1) director appointed by the Mayors' Council of Guam.

12 One (1) of the directors shall be a user of the mass transit service.

13 One (1) of the directors shall be a user of the para-transit service.

14 Initially, three (3) directors shall serve a term of two (2) years from

15 the date of confirmation and four (4) directors shall serve a term of

16 three (3) years from the date of confirmation, thereafter each

17 director shall serve a term of three (3) years from the date of

18 confirmation, unless sooner removed by the Governor. All

19 vacancies occurring in the office of director shall be filled by the

20 Governor in the same manner as for full-term appointments,

21 except for the director appointed by the Mayor's Council.

22 (b) Four (4) directors shall constitute a quorum of the Board for the

23 transaction of business. The Board may adopt rules and

24 regulations governing the conduct of its affairs. It shall elect a 7 chairman and vice-chairman from among its members. It shall

2 employ a secretary who shall maintain all records and minutes of

3 the Board.

4 (c) Each director shall receive the sum of One Hundred Dollars

5 ($100.00) for his attendance at any meeting of the Board, but such

6 compensation shall not apply to more than two meetings in any

7 one calendar month. No director shall receive any other

8 compensation, but shall be reimbursed for actual travel,

9 subsistence and out-of-pocket expenses incurred in the discharge

10 of his responsibilities, including authorized attendance at

11 meetings held away from Guam.

12 § 6202. Executive Manager

13 (a) The Board shall appoint an Executive Manager, who shall be its

14 chief executive officer. The Executive Manager shall serve at the

15 pleasure of the Board, which shall fix his compensation.

16 (b) The powers of the Executive Manager include:

17 (1) To enforce all rules and regulations of the Authority.

18 (2) To attend, unless excused by the Board, all meetings of the

19 Board and to submit reports on the affairs of the Authority

20 as required by the Board.

21 (3) To keep the Board advised on the needs of the Authority

22 and to approve demands for payment of obligations within 8 the purposes and amounts authorized by the Board.

2 (4) To devote his entire time to the business of the Authority, to

3 select and appoint the employees of the Authority, except as

4 otherwise provided in this Chapter, and to plan, organize,

5 coordinate and control the services of such employees in the

6 exercise of the powers of the Authority under the general

7 direction of the Board.

8 (5) To perform such other and additional duties as the Board

9 may require.

1o § 6203. Personnel

11 (a) The Board, pursuant to 4 GCA Chapter 4, shall establish rules and

12 regulations governing the selection, promotion, performance

13 evaluation, demotion, suspension, dismissal and other

14 disciplinary action for employees of the Authority.

15 (b) The Executive Manager shall be an unclassified employee. No

16 person employed by the Authority on a limited term contract shall

17 be a classified employee. All other employees of the Authority are

18 classified employees.

19 (c) Each employee of the Authority shall be eligible to become a

20 member of the Government of Guam Retirement Fund pursuant

21 to 4 GCA §8105(d).

22 (d) Each employee of the Authority shall be eligible to participate in 9 any government of Guam health and life insurance plan.

2 (e) The employer's contribution to the Government of Guam

3 Retirement Fund that is assessed by the Fund's Board of Trustees

4 for the benefit of Authority employees who are members of the

5 Fund shall be paid by the Authority.

6 (f) The employer's contribution to the Worker's Compensation Fund

7 that is assessed by the Worker's Compensation Commission for

8 the benefit of Authority employees shall be paid by the Authority.

9 § 6204. Guam Mass Transit Authority Fund.

10 (a) The Board shall adopt and maintain a system of accounting which

11 is in accordance with generally accepted accounting principles.

12 (b) There is established a fund to be known as the "Guam Mass

13 Transit Authority Fund" which the Authority shall maintain

14 separate and apart from other funds of the government of Guam,

15 and independent records and accounts shall be maintained in

16 connection therewith. The Guam Mass Transit Authority Fund

17 shall be audited annually by an independent certified public

18 accountant or by the Office of the Public Auditor.

19 (c) All monies received by the Authority from whatever source

20 derived shall be deposited in the Guam Mass Transit Authority

21 Fund.

22 (d) All expenditures, except as otherwise provided by law, shall be 10 made from said Guam Mass Transit Authority Fund.

2 (e) The Authority shall report to the Governor and to the Legislature

3 concerning the administration of the affairs of the Authority. It

4 shall present an annual report within one hundred twenty (120)

5 days after the end of each fiscal year and, if requested by the

6 Governor or the Legislature, shall present special reports within

7 thirty (30) days after the end of each intervening quarter. The

8 financial information presented in such reports shall be in

9 accordance with the system of accounts adopted by the Board.

10 § 6205. Limited Liability.

11 (a) To the extent that any liability of the government of Guam or of

12 the Authority is covered by a policy or policies of insurance, the

13 Government waives the limitation of liability found in 5 GCA

14 §6301; provided, that the Government shall not be liable in

15 damages for tort in any amount which exceeds the coverage of

16 insurance and the limitation of liability contained in §6500.13 of

17 the Government Code.

18 (b) All claims made against any policy of insurance purchased by the

19 Authority shall be made in accordance with the procedures and

20 time limitations set forth in the Government Claims Act, except

21 that all claims not in excess of the face amount of the policy shall

22 be presented to the Executive Manager of the Authority, who shall 11 present the same to the insurance carrier, carriers or to their

2 designated agents for processing.

3 (c) If a claim is in excess of the applicable insurance coverage, then

4 the Executive Manager of the Authority shall also present a copy

5 of the claim to the Attorney General, who shall then coordinate the

6 claim as between the Government and the insurance carriers, and

7 who shall represent the Government in the event of a dispute

8 between the Government and the insurance carriers. In the event

9 of said dispute, the Attorney for the Authority shall represent the

10 interests of the Authority.

11 (d) Each policy of insurance written covering the Authority or its

12 interest shall contain a clause waiving any defense of sovereign

13 immunity which may be raised against the payment of the claim

14 by carrier.

15 (e) The Executive Manager shall publish, in a newspaper of general

16 circulation in Guam, within ten (10) days after the effective date of

17 any policy of insurance purchased, a statement indicating the

18 existence of any such policy and a notice informing the public

19 where claims may be filed."

20 Section 3. §4105(a) and §4105(b) of Chapter 4 of Title 4 of the Guam

21 Code Annotated is hereby amended to read:

22 (a) Rules subject to criteria established by this Chapter governing the 12 selection, promotion, performance, evaluation, demotion,

2 suspension and other disciplinary action of classified employees

3 shall be adopted by the Board of Directors of the Antonio B. Won

4 Pat International Airport Authority, Guam; the Board of Directors

5 of the Guam Economic Development and Commerce Authority ;

6 the Board of Directors of the Guam Housing Corporation; the

7 Board of Commissioners of the Guam Housing and Urban

8 Renewal Authority; the Guam Judicial Council; the Board of

9 Directors of the Jose D. Leon Guerrero Commercial Port; the

10 Guam Education Policy Board; the Board of Regents of the

11 University of Guam; the Guam Community College Board of

12 Trustees; the Board of Directors of the Guam Mass Transit

13 Authority; the Board of Trustees of the Guam Memorial Hospital

14 Authority; the Board of Directors of the Guam Visitors Bureau;

15 and the Consolidated Commission on Utilities on behalf of the

16 Guam Waterworks Authority and the Guam Power Authority,

17 with respect to personnel matters within their respective Branches,

18 agencies, public corporations or departments, and by the Director

19 of Administration as to all other Executive Branch employment.

20 (b) Such rules shall, to the extent practicable, provide standard

21 conditions for entry into and the other matters concerning the

22 government service. The personnel rules adopted for the Guam 13 Economic Development and Commerce Authority, the Guam

2 Housing Corporation, the Guam Housing and Urban Renewal

3 Authority, the University of Guam, the Guam Community

4 College, the Antonio B. Won Pat International Airport Authority,

s Guam, the Jose D. Leon Guerrero Commercial Port, the Guam

6 Public School System, the Guam Mass Transit Authority, the

7 Guam Memorial Hospital Authority, by the Director of s Administration and by the Consolidated Commission on Utilities

9 shall require that all their classified employee appeals, except

10 academic personnel of the Guam Community College and the

11 University of Guam in conformance with Title 4 GCA § 4403(h), be

12 heard by the Civil Service Commission ('Commission').

13 Section 4. Transfer of Funds.

14 The total amount in the Public Transit Fund at the time of this act's

1s effective date shall be transferred to the Guam Mass Transit Authority Fund.

16 Section 5. Transfer of Records, Equipment, Designation as State

11 Agency.

1s (a) Upon the effective date of this act, the Department of

19 Administration shall transfer possession of all books, records,

20 papers, maps, plans, documents, offices, equipment, supplies,

21 money, funds, appropriations, licenses, permits, agreements,

22 contracts, claims, judgments, land, and other property, real or 14 personal, connected with the administration of, or held for the

2 benefit or use of, the former GMTA to the newly reinstated Guam

3 Mass Transit Authority.

4 (b) For the purposes of receiving federal funding for the operations of

5 the mass transit system, the designation of State Agency is hereby

6 designated to be within the Guam Mass Transit Authority.

7 Section 6. Appropriation. s The sum of five million, five hundred thousand dollars ($5,500,000) is

9 hereby appropriated from the Guam Highway Fund to the Guam Mass

10 Transit Authority Fund for the purpose of providing initial funding for the

11 Guam Mass Transit Authority facilities, personnel and operations.

12 Section 7. Severability.

13 If any provision of this Law or its application to any person or

14 circumstance is found to be invalid or contrary to law, such invalidity shall not

15 affect other provisions or applications of this Law which can be given effect

16 without the invalid provisions or application, and to this end the provisions of

17 this Law are severable.

15 SENATOR FRANK T. ISHIZAKI I 1\1ina 'Bente 1Vuebi lva Liheslaturan Guahan 155 Hesler Street. Hagiitiia. Guam 96910 Tel: 475-3841 ·Fax: 475-3844 · ishi:::[email protected] w1fl1'.fi·anA.-ishi::aki. com

May 22, 2008

AGENDA 9:00am- I :OOpm Twenty-Ninth • Bill 203 (EC)- An act to re-enact Chapter 6 of Title 12 GCA, and Guam Legislature to amend §4105 of Chapter 4 of Title 4 GCA relative to re­ establishing the Guam Mass Transit Authority Chairman, Committee on General Governmental Operations and Testimonies can be submitted in advance to the Office of Senator Frank Reorganization Ishizaki through email at testimony(a>.frankishizaki.com or through facsimile at 475-3844. Should you have any questions, please contact Sahara Defensor or Zac Taimanglo at 475-3841. Si Yu'os Ma'ase.

### 1 I Mina' Bente Nuehi Na Liheslat11ran G11ahan I Page _1_ of _L I Committee on General Governmental Operations and Reorganization Senator Frank T. Ishizaki Chairman

Thursday, May 22, 2008 · 9: 00 a.m. Public Hearing Sign In Sheet

Bill No. 203 (EC)-An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re­ establishing the Guam Mass Transit Authority (Ishizaki, Palacios)

NAME AGENCY/ CONTACT ORAL/WRITTEN FOR/ AGAINST MAILING ADDRESS TESTIMONY MEASURE (Please Print) ORGANIZATION A NUMBER f!-J J rt- ! 0 {) 'Z!( c_, >~ --/ ('(( ( 7 p;< (fi!Jf;" i>a>> fl1ll2~.J-/!Je: t, 5-R;;:: ~v;.11 {J g0r2r ( v .,.

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I 55 Hesler Street. Hag!itiia. Guam 969 IO Tel: 475-384J/2 ·Fax: 475-3844 · ishi::[email protected]/ · wwwjiw1kishi::.aki.com 1 Mzna, J3ente Nttebz Na LzfJesfatttran Gud/Jan I Page~of_L_ I Committee on General Governmental Operations and Reorganization Senator Frank T. Ishizaki Chairman

Thursday, May 22, 2008 · 9: 00 a.m. Public Hearing Sign In Sheet

Bill No. 203 (EC) -An act to re-enact Chapter 6 of Title 12 GCA, and to amend §4105 of Chapter 4 of Title 4 GCA relative to re­ establishing the Guam Mass Transit Authority (lshizaki, Palacios)

~ - NAME AGENCY/ CONTACT vo~WRITTEN MAILING ADDRESS ~{AGAINST (Please Print) ORGANIZATION --r NUMBER I'.. IMONY EASURE l'Y?~ ~('.).,_. tt\;\~ lZ-~~'4-'\JL ~de~ -rv·~-irt c,Q\) ""'~ q.1 r ~{'1o Of14L J?uv l ~i C,;tlt f, f(.,A11S. 7-,4_ ~]Lf}D oflf\L fo.r \ (J l/'\ C\ s M{A/1~10;; &I {pt~P1t~/c1 EN(~ ·11'- ~u 1b 1t J J

155 Hesler Street, Hagatiia, Guam 96910 Tel.' 475-384112 ·Fax.· 475-3844 · ishi::[email protected] · www.frankishi::aki.com Sahara J Defensor

From: Mark Martinez [[email protected]] Sent: Wednesday, May 21, 2008 1:56 PM To: [email protected]

May 22, 2008

The Honorabel Frank Ishizaki Chair, Committee on General Governmental Operations and Organization 29th Guam Legislature Re:Bill 203 Dear Senator Ishizaki:

I ride Mass Transit on a regular bases and have been for the past eight and a half years.

I support the appropriation of four and a half million dollars towards Mass Transit in Bill 203.

Where do we get these funds? Mass Transit gets it's funding from the liquid fuel tax. Most of this tax goes towards fixing and upgrading our roads. The rest (the smaller share) goes towards funding Mass Transit. Well recently there is $160 Million in federal funds that can go towards fixing and upgrading our roads.

Because of these new monies the share of the liquid fuel tax going towards upgrading the roads can be smaller. In turn the Legislature can increase the share of the liquid fuel tax going towards Mass Transit.

Thank You,

Mark K Martinez "paps"

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5/21/2008 Guam Center fo r Excellence in Developmental Disabilities Educati on. Researc h. and Service University of Guam • Un ibersedat G11a ha11 Office of Academic Affairs 29 Dean's Circle • UOG Station• Mangilao. Guam 969:23

(671) 735-2481 (V) • (671) 734-6531 (TTY)· (671) 734-5709 (Fax) CellBI' hlr fJl:celltllee II ~ DISUlltltt E-mail: heidisan(a •uo!!9.uog.edu •Website: www. uo z.edu1cedders EdKatt., Resul'cil, llltl StrriCI

May 23, 2008

Senator Frank T. Ishizaki Twenty-ninth Guam Legislature Hagatna, Guam 96910

Hafa Adai Senator Ishizaki,

Attached to this letter are recommendations for additions and/or changes to Bill 203, an Act to RE-CREATE CHAPTER 6 OF TITLE 12 GCA, AND TO AMEND §4105 OF CHAPTER 4 OF TITLE 4 GCA RELATIVE TO RE-ESTABLISHING THE GUAM MASS TRANSIT AUTHORITY, as prepared by the Mobility Planning Team, a team of individuals who have been working on providing technical assistance, research, education, and consideration to issues supporting the improvement of our public transportation system.

The Team is in full support of re-establishing the Guam Mass Transit Authority in order to support a structure of general management and expertise to foster the improvement and growth of transportation services to our community. Although two years ago, there was general consensus among the Director of the Department of Administration and the Speaker of the 28th Guam Legislature that a new structure of management was desirable, no action progressed towards this goal. Consequently, the services have made no major strides for improvement. Bill 203 provides the mechanism to make necessary change.

In particular, I wish to direct your attention to our perception of a few major points not included within your original bill of which the Mobility Planning Team considers to be of great importance:

• Retention of the franchise for the provision of public transportation and public parking • Guidelines for a balanced composition of Board members • Assurance of reasonable qualifications for the position of General Manager • Eventual inclusion of Senior Citizen transportation into the public transportation structure • Restatement of accessibility requirements for all entities operating transportation services

Your interest in addressing this issue is greatly appreciated. Please accept the attached document as written contribution and input to the Public Hearing on Bill 203, held May 22, 2008.

Regards,

Ginger S. Porter, M.Ed. Training Associate, Transportation Chairman, Mobility Planning Team

Members: Ray Aflague, Evelyn R. Duenas , Michael J. Terlaje, Joseph C. Manibusan, Rudy Cabana

Attachment May 13. 2008 GMTA Law Combined Version

MINA' BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session

Bill No. __203_ (EC)

Introduced by: Frank T. Ishizaki

AN ACT TO RE-CREATE CHAPTER 6 OF TITLE 12 GCA, AND TO AMEND §4105 OF CHAPTER 4 OF TITLE 4 GCA RELATIVE TO RE-ESTABLISHING THE GUAM MASS TRANSIT AUTHORITY.

BE IT ENACTED BY THE PEOPLE OF GUAM: Section I. Legislative Findings. I Liheslaturan Guahan finds that the freedom to move about as one so chooses is a basic freedom that all members of the community shall have the right to enjoy and appreciate. I Liheslaturan Guahan further finds that Public Law 26-76 assumed all duties of the GMTA were outsourced and further assumed that all that remained was the simple administration of contracts, and in doing so, abolished the Guam Mass Transit Authority, an act which has done more to hinder the community's transportation needs than help. Since Public Law 26-76 was enacted into law, the administration of Public Transportation has been conducted by a staff of five under the leadership of the Director of the Department of Administration (DOA). This staff represents the remaining core personnel who retain the institutional knowledge of federal funding application and requirements, federal and local rules and regulations, and historical reference of the operations, policies and procedures of the mass transit system since 1982.

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I Liheslatura finds that working with the growing community transportation needs and the restrictions of the current law, DOA has been extremely limited in personnel, management, expertise, and financial resources to administer the public transit system on Guam, thereby not allowing it to grow and mature. I Liheslatura finds that the outsourcing of certain services, such as maintenance and operation of vehicles, has its place in mass transit systems; however, there are certain operational requirements that should be under the government's control. I Liheslatura finds that for efficient and effective operations, as evidenced in best practice models, the government should provide for the mobility management of the dispatch and scheduling of vehicles in order to monitor the effectiveness of operations and to potentially coordinate all transportation services, provide customer service, collect data, ensure compliance and enforcement of federal and local regulations and policies, determine ADA eligibility, conduct research, and engage in future planning and grants development for operations and capital acquisitions. Therefore, it is the intent of I Liheslaturan Guahan to re-establish the Guam Mass Transit Authority to provide essential management, develop expertise, and devote full attention to the transp01iation needs to the people of Guam. Section 2. Chapter 6 of Title 12 of the Guam Code Annotated is hereby re-enacted to read as follows: "Chapter 6. Guam Mass Transit Authority Article 1. General Provisions. Article 2. Governance. Article 3. Accessibility of Transportation Services.

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Article 1. General Provisions.

§ 6101. Title. § 6102. Creation. § 6103. Definitions. § 6104. Philosophy and purpose. § 6105. Powers.

§ 6101. Title. This Chapter shall be hereby cited as the Guam Mass Transit Authority Act of 2008.

§ 6102. Creation. In order to promote the general welfare of the inhabitants of Guam through the improvement of mass transportation in Guam, there is hereby created the Guam Mass Transit Authority, a public corporation. The Guam Mass Transit Authority is an autonomous agency and may generate revenue. All the power, duties, responsibilities and jurisdiction of the former Department of Administration, Division of Public Transportation Services as set out in Public Law 26- 76, are hereby transferred to the new Guam Mass Transit Authority. Any regulation or other action adopted, prescribed, taken or performed by the former Department Of Administration - Department of Public Transit Services or by any of its employees in the administration of a program, the performance of a power, duty or responsibility, or the exercise of any function transferred by P.L. 26-76, shall remain in effect and shall be deemed to be a regulation or action of GMT A or of any of its officers to whom the program, power, duty, responsibility or function is transferred. a). Principal Office. The principal office of the Authority shall be located in Guam and the corporation shall be deemed to be an inhabitant of Guam.

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b ). Utilization of Governmental Agencies and Instrumentalities. The Services and facilities of agencies and instrumentalities of the Federal Government and the government of Guam may be made available to the Authority in the exercise of its functions to the extent allowed by law. c). Chapter to be Liberally Construed. This Chapter shall be const1ued liberally so far as may be necessary for the purpose of effecting its general intent.

§ 6103. Definitions. As used in this Chapter, unless it is otherwise indicated: a) ADA Paratransit Eligible Person means a person with a disability, who, by recommended Federal Transit Administration ADA functional assessment, is determined to be eligible for complimentary paratransit services. b) Authority means the Guam Mass Transit Authority. c) Board means the Board of Directors of the Authority. d) Bonds means all bonds (including refunding bonds), notes, debentures and any other types or forms of instruments or obligation. e) Director means a member of the Board. f) General Manager means the person employed or contracted by the Board to supervise the administration of the Authority. g) Mass Transit means land based transportation by bus or rail or other conveyance, either publicly or privately owned, which provides to the public, general or special service on a regular and continuing basis. The terms "public transportation", "public transit", and "mass transportation" all mean "mass transit." Mass transit does not include non-commercially used vehicles, taxicabs, or non-publicly available tourist transit.

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h) Government means the body politic established by the Organic Act of Guam known as government of Guam i) Governor means the Governor of Guam. j) Legislature means the Legislature of Guam. k) Taxicab means those services indicated in 16 GCA Chapter 11. Taxicab does not include regularly scheduled passenger pickups of more than five passengers. I) Tourist transit includes those services where passengers are picked up in groups and group payments are made. Tourist transit includes those services that serve individuals belonging to a specific group and for which a passenger cannot buy a fare at various places along the route. m)

§ 6104. Philosophy and Purposes.

The Corporation's philosophy is to attain financial sustainability to the maximum extent feasible. Mass Transit has numerous benefits to passengers, the general public and taxpayers; therefore it is not expected to fully recover all its expenses. The Corporation's recovery rate may be less than 100%, but at a minimum, the Corporation shall plan to gradually reach the United States average Mass Transit Operations Expense Recove1y Percentage from Fares. Purposes. The purposes for which the Authority is created are to establish, develop, promote and I or operate mass transit systems within Guam together with incidental and related facilities and services, including the determination of present and future parking needs of Guam, installation and maintenance of parking meters, operation and maintenance of self-supporting public parking facilities, including construction of parking facilities on government properties, and development of measures designed to

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regulate public parking, in order to provide adequate mass transit and parking for persons residing in and or visiting Guam. Some specific purposes are listed below: a) Taxpayers. The Authority is to consider the overall welfare of the taxpayers of Guam and the benefit that may be derived even by persons not directly using mass transit. b) Passengers. The Authority is to consider the overall welfare of Guam residents generally and mass transit passengers in paiiicular and their ability to work, have access to medical facilities, shopping facilities, and recreational facilities, get to schools, and the general increase in personal freedom provided by mass transit. c) Passengers with Disabilities. The Authority is specifically to consider the overall welfare of passengers with disabilities and to ensure that vehicles, facilities, and procedures are designed and maintained to meet their needs. Mass transit is to be regarded as perhaps the most important factor in the achievement of personal freedom and self realization of passengers with disabilities. d) Passengers, Senior Citizens. The Authority is to consider the welfare of senior citizen passengers. e) Environment. The Authority and its operations have a major part to play in reducing pollution and improving Guam's environment. f) Energy Conservation. The Authority has a substantial part to play in reducing non-renewable energy use. The Authority, whenever possible, should implement programs or procure equipment that improves energy efficiency. g) Traffic Congestion Mitigation. The Authority has a major role to play in reducing traffic congestion.

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h) Visitors. The Authority is to promote the use of mass transit to visitors to Guam for the purpose of increasing the numbers of tourists to Guam by making their stay more enjoyable. i) Students. The Authority is to consider the welfare of student passengers.

§ 6105. Powers.

6105.1 The Authority may a) Acquire, construct, equip, operate and maintain buildings, works, or other facilities, such as passenger transfer stations, bus shelters, bus stop signs, benches and others determined by the Board to be relevant to the Authority's operations, including all equipment, supplies, and machinery incident thereto, b) Acquire, in any lawful manner, any real and personal property and to hold, maintain, use and operate the same; and to sell, lease, encumber or otherwise dispose of the same, whenever any of the foregoing transactions are deemed necessaiy or appropriate to the conduct of the activities authmized by this Chapter, and on such terms as may be prescribed by the Authority. c) Accept gifts or donations of services, or of property -- real, personal or mixed, tangible or intangible -- in aid of any of the activities authorized by this Chapter. d) Make and enter into contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, or with any state, territory or possession, or any political subdivision thereof, or with any person, firm, association or corporation as may be deemed necessaiy or appropriate to the conduct of the activities authorized by this Chapter, and on such terms as may be prescribed by the Authority including without limitation, the purchase of

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liability and casualty insurance for Authority purposes, adopt a seal, and sue or be sued in its own corporate name. e) Assign all or part of its exclusive franchise of mass transit or public parking to any person or entity after competitive procurement per 5 GCA Chapter 5. Routes, parts of the territory of Guam, schedules (times of day), types of service (fixed route, demand response, etc.), classes of passenger (regular, senior citizens, youth, persons with disabilities, military, tourists, students, etc.), specific parking lots, or any other types of divisions of service may be used to assign an exclusive franchise. The Corporation may offer a subsidy to prospective assignees, require a payment to the Corporation, or any other type of arrangement allowed by 5 GCA Chapter 5. f) Execute all instruments necessary or appropriate in the exercise of any of its functions. g) Employ such employees in compliance with 4 GCA to provide such clerical and technical assistance as may be necessary for the conduct of the business of the Authority; to delegate to them such powers and to prescribe for them such duties as may be deemed appropriate by the Authority. h) Employ agents and retain or contract for the services of qualified consultants, specialists, or experts, as individuals or as organizations, to advise and assist the Authority and its employees, all of which may be accomplished without regard to the portion of the Personnel Laws relative to compensation. i) Take such action and carry on any other operations and do all that may be necessary or appropriate to carry out the powers and duties herein or hereafter specifically granted or imposed upon it. j) Establish its own internal organization and management and adopt regulations for the administration of its operations.

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k) Adopt such rules and regulations, pursuant to the Administrative Adjudication Law, as may be necessary for the exercise of the powers and perfo1mance of the duties conferred or imposed upon the Authority or the Board by this Chapter. 1) For the sole purpose of providing mass transit services, make any asset owned by the Authority available to entities contracting the provision of mass transit services. m) Impose, prescribe, revise and collect fees for the purposes of carrying commercial advertisement on or around Authority property. Notwithstanding any other provision of law relative to sign regulations, the Board may establish appropriate regulations and fees for the placement of a sign or signs on any of its mass transit stop shelters, mass transit stop benches, mass transit stop signs, and mass transit vehicles, provided that the signs shall be stationary, non-flashing, and not larger than the property upon which they are located. The placement of the signs shall not interfere with or obstruct traffic visibility. Fees collected pursuant to this Section shall be deposited in the Guam Mass Transit Authority General Fund. n) Establish fees and fares to control the operation of the Authority and such schedules, fees, and fares may be altered or modified only after public hearing on any proposed changes, said hearing to comply with the provisions of the Administrative Adjudication law and other legal requirements of Guam. o) Issue parking violation citations for parking at properties under the corporation's jurisdiction. Parking violation citation issuance may be delegated to a trained contractual or franchised security force. p) Employ an attorney, enter into contract for legal services, or enter into contract with the Attorney General, to address legal issues.

Page 9 of27 !\fay 13. 2003 GMTA Law Combined Version

q) Settle and adjust claims held by it against other persons or parties and by other persons or parties against the Authority.

6105.2 In other powers, the Authority shall: a) Have the exclusive franchise for the furnishing of mass transit for Guam and on its roads and highways. Except for private parking facilities, and for parking facilities maintained and operated by the Guam Airport Authority, the Corporation shall have the exclusive franchise within the government of Guam for the collecting of fees furnishing public parking on Guam. b) Provide for the operation of public transportation services c) Provide for the maintenance of publicly owned vehicles engaged in delivering public transportation services. d) Provide for the mobility management function of dispatching and scheduling of vehicles, e) Be responsible for paying the necessary and legitimate management, operation, and maintenance expenses of the public transportation system. f) Establish the policies and guidelines for the operation of the public transportation service, inclusive of paratransit services. g) Comply with federal and local requirements in regards to major service changes to routes, schedules, or span of service that would reduce or expand frequency of service, add or eliminate routes, or expand or reduce hours and days of service. h) Monitor customer comments and respond to customer comments in a reasonable and timely manner as specified in regulations, i) Collect and record data pertaining to the customers of the mass transit services. Such data shall be made available to the public upon request. Such data

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shall include, but not be limited to: 1. number of customers utilizing the transit system, categ01ized by service lines and types of service, 2. number of persons eligible for paratransit service, 3. number of paratransit ride denials, and 4. number of cancellations and no shows for scheduled service. j) Monitor the effectiveness of operations and contracts, k) Ensure compliance and enforcement of federal and local regulations and policies, 1) Enforce local contracts, m) Determine ADA eligibility, n) Conduct research and future planning, o) Apply for grants for such activities as operations and capital acquisitions, p) Be responsible for the implementation of measures designed to regulate public parking on public rights-of-way and government of Guam properties reserved for parking, except those exempted, including determining the present and future parking needs of Guam; installation of parking meters and development, promotion, acquisition, construction, purchase extension, improvement, operation and maintenance of self-supporting public parking facilities, including constiuction of parking facilities on government of Guam prope1iies within the territory of Guam, q) Repo1i annually to the Goven1or and the Legislature on the status of the projects undertaken, r) Comply with 5 GCA Chapter 8 both for Board related activities and others regarding Open Government, s) Comply with 5 GCA Chapter 6 regarding government claims.

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Nothing contained in this Section, or by implication in this Chapter shall be construed to be in any way in derogation or limitation of powers conferred upon or existing in the Authoiity or in the Board by virtue of the Organic Act, the laws of Guam, or the Government Code.

Article 2. Governance

§ 6201. Board of Directors. § 6202. General Manager. § 6203. Personnel. § 6204. Procurement. § 6205. Finance. § 6206. Limited Liability § 62107. Consolidation of Government of Guam Transportation Services.

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§ 6201. Board of Directors. The government of the Corporation shall be vested in a Board of Directors. The Board shall be responsible for the management, administration, policies and direction of the Corporation and shall exercise supervision through the General Manager. The Board shall act only by resolution at meetings and no individual Board member or group of members shall have any authority to direct any employee of the Corporation except by resolution adopted as herein provided. a) Membership Composition. The Board shall consist of seven (7) directors appointed by the Governor with the advice and consent of the Legislature. Initially, four directors shall be appointed for a term of four (4) years and three ( 3) directors shall be appointed for a term of three (3) years. Thereafter, each director shall hold office for terms of four (4) years unless sooner removed by the Governor. All vacancies occurring in the office of director shall be filled by the Governor in the same manner as for full­ term appointments, but only for the unexpired term of the director whose vacancy is being filled. All members of the Board shall serve for the term specified or until their successors are appointed and confirmed. 1) Five of seven directors shall be appointed from a list of nominees, among whom there exists strong qualifications in the following areas: financial management, general business management, passenger vehicle operations management, heavy equipment maintenance management, social services and/or employment, advocacy, and/or knowledge of the American with Disabilities Act. 2) One director must be a mass transit passenger from among a list of ten, inclusive of senior citizens and youth (under 26 years of age), who have been recommended by mass transit passengers, reviewed by GMT A, and subsequently appointed by the Governor.

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3) One director must be a mass transit ADA Paratransit Eligible Person from among a list of three who have been recommended by mass transit ADA Paratransit Eligible passengers, reviewed by GMTA, and subsequently appointed by the Governor. b) Meetings and Quorum. The Board shall meet in regular session at least once each month and in special session as often as it may deem necessary. Four (4) directors shall constitute a quorum of the Board for the transaction of business. c) Officers. The Board shall elect, by majority vote, members to serve as Chairman and Vice Chairman for a term of three years. It shall appoint a secretary who shall maintain all records and minutes of the Board. Any vacancy of an office shall be filled for the remainder of the term by majority vote of the Board. d) Compensation. Each director shall receive the sum of Fifty Dollars ($50.00) for attendance at any meeting of the Board, but such compensation shall not apply to more than two meetings in any one calendar month. No director shall receive any other compensation, but shall be reimbursed for actual travel, subsistence and out of pocket expenses incurred in the discharge of responsibilities, including authorized attendance at meetings held away from Guam e) Attendance. Per 5 GCA § 43106 & 43107, the Chai1man shall make a quarterly report to the Governor on Board member attendance. f) Adoption of Bylaws, Rules, Regulations, Directives, with Public Hearing. The Board may adopt, amend and repeal bylaws and other rules, regulations and directives governing the conduct of business and the performance of the powers and duties granted to or imposed upon it by law. No rule or regulation other than that covering the internal conduct of the Corporation shall be adopted without a public hearing thereon in the manner prescribed by law. g) Obligations and Expenditures. The Board has the general power to

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determine the character of and the necessity for its obligations and expenditures and the manner in which they shall be allowed and paid. The Board may delegate, in writing, its power over obligations and expenditures to the General Manager based upon a Board approved Annual Budget. h) Interest of Directors and Others in Projects. Directors, officers, and employees shall comply with 4 GCA § 2104 and 5 GCA Chapter 5 Article 11. i) Boards Generally. The Authority and its Board will comply with 5 GCA Chapter 43 regarding general Board standards.

§ 6202. General Manager.

(a) The Board shall appoint a General Manager, who shall be its chief executive officer and who shall be directly responsible to the Board for the day-to-day operation of the Authority and the administration of its programs and policies. (b) The General Manager shall be an unclassified employee. No person employed by the Authority on a limited term contract shall be a classified employee. All other employees of the Authority are classified employees. ( c) The General Manager shall be an ex officio member of the Board, without the right to vote therein. His term of employment shall be fixed by the Board. The General Manager may participate in any negotiation with the Board relative to the fixing of his term, salary, or on any matter affecting his tenure in office. ( d) The Board may contract with a corporation to perfonn any or all of the duties and to exercise any or all of the powers of the General Manager as provided in this section, and the General Manager, subject to the approval of the Board, may contract with a corporation to perform some or all of the duties or to render expert and technical assistance in the operation of the Authority.

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( e) Salary and Expenses. The General Manager shall be paid a salary and such other allowances and emoluments as the Board may approve. ( f) Qualifications. The General Manager shall have a Bachelor's degree from an accredited institution in transportation management, planning, business administration, public administration or related discipline and 5 years experience directly related to transit management, or any equivalent combination of training and experience. (g) Duties and Responsibilities. The Board shall adopt policies clearly delineating the respective duties and responsibilities of the Board and the General Manager and may delegate, in writing to the General Manager, additional powers not detailed herein. (h) The General Manager's powers/duties include the following: (1) Enforcement of all rules and regulations of the Corporation (2) Attendance, unless excused by the Board, at all meetings of the Board and submittal of reports on the affairs of the Corporation as required by the Board. (3) Advisement of the Board on the needs of the Corporation and approval of demands for the payment of obligations of the Corporation within the purposes and amounts authorized by the Board, (4) Preparation of all plans and specifications for contracts, selection of a list of qualified bidders and submittal of a recommendation for approval of the successful bidder, (5) The conduct, under the policies set by the Board, of negotiations with governmental or private organizations concerning the business of the Corporation and to submit appropriate recommendations to the Board. ( 6) Full devotion to the business of the Corporation,

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(7) Selection and appointment of the employees of the Corporation, except as otherwise provided in this Chapter. (8) Planning, organization, coordination and control of the services of such employees in the exercise of the powers of the Corporation under the general direction of the Board, (9) Reporting of accounts and expenditures, (10) Performance of such other and additional duties as the Board may reqmre.

§ 6203. Personnel.

a. Pursuant to the provisions of 4 GCA § 4105 and 4106, the Board shall manage its own personnel system and establish rules and regulations governing selection, promotion, performance evaluation, demotion, suspension, dismissal and other disciplinmy action for the employees of the Corporation; provided, however, that all contracts for the hiring of off-island employees shall conform to the provisions of 4 GCA § 6216. b. All classified employees filling positions within the Depmiment of Administration, Division of Public Transportation Services (DOA-DPTS), on the effective date of this act, shall be transferred to the new Guam Mass Transit Authority. The classified employees shall be transferred with all duties, responsibilities and compensation intact, and with no lapses in leave, retirement credit, or service to the government of Guam. c. Each employee of the Authority shall be eligible to paiiicipate in any government of Guam health and life insurance plan. d. Employees of the Corporation, excluding the Directors, shall be members of the Government of Guam Retirement Fund, pursuant to the provisions of 4 GCA §

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8105, except that for the purposes of Subsection (a) of said Section, the employees of the Corporation shall not be considered employees of a public corporation whereby their membership in the Government of Guam Retirement Fund is optional and membership therein must be specifically requested. e. The employer's contribution to the Government of Guam Retirement Fund that is assessed by the Funds' Board of Trustees for the benefit of Authority employees, who are members of the Fund, shall be paid by the Authority. f. The employer's contribution to the Workers' compensation fund that is assessed by the Workers' compensation Commission for the benefit of Authority employees shall be paid by the Authority. g. The Corporation is authmized to establish a drug and alcohol testing program for its employees and contractors. h. The Corporation is to adhere to the travel law contained in 5 GCA Chapter 43.

L This Section shall be administered entirely on a non-partisan basis and in the appointment of officials, the selection of employees, and in the promotion of any such officials or employees, all such appointments and promotions shall be given or made only on the basis of merit and efficiency.

§6204. Procurement a. Guam Procurement Law. The Authority shall comply with 5 GCA Chapter 5 in all procurement actions. b. Delegation of Procurement Authority. The Corporation shall be delegated maximum Procurement Authority by the General Services Agency (GSA) Chief Procurement Officer and the Director of Public Works under GS A's continuing supervision. GSA may mandate staff needed, staff training and regular reports to be

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submitted prior to delegation. GSA may not withhold delegation more than ninety days unless it ce1iifies, citing details, to the Governor that the Corporation is incapable of complying with 5 GCA Chapter 5. GSA may withdraw, for not more than ninety days at a time, some or all of the delegation ifthe Corporation is found by independent audit not to have committed the resources necessary to uphold 5 GCA Chapter 5 standards or not to have substantially complied with 5 GCA Chapter 5. 1) Procurement Staff Training. The Corporation shall regularly, not less than yearly, train its management and procurement staff in the techniques and ethics of procurement management.

§ 6205. Finance a. Controller. The Corporation shall employ or contract a controller whose duties and responsibilities shall be fixed by the Board, and who is preferably a certified public accountant. The controller is a classified employee answerable to the general manager. 1) A bond shall be required of the controller to be paid by the Corporation and which will comply with 4 GCA Chapter 14, Article 2. b. Accounting. The Board shall adopt and maintain a system of accounting which is in accordance with generally accepted accounting principles applicable to transit Authorities. A firm of independent certified public accountants or the public auditor shall annually examine and rep01i to the Board on the status of the financial records and accounts maintained by the Corporation. ( 1) Central Accounting Act. The Corporation is exempt from the Central Accounting Act via its inclusion in 5 GCA § 22205. c. Required Reporting. The General Manager shall present a complete monthly financial report to the Board on each of its funds and accounts.

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d. Funds. (1) Public Transit Fund I Mass Transit Automotive Surcharge. All revenues in the Public Transit Fund established per 11 GCA § 26503 shall be used for the purposes of this Chapter. Check reference above to ensure no changes. (a) All Mass Transit Automotive Surcharge Receipts revenues are to be received by Department of Revenue and Taxation and deposited to the order of the Public Transit Fund. All Checks or money instruments are to be made to the order of the Public Transit Fund. (b) The Corporation shall administer all Mass Transit Automotive Surcharge funds. (2) Guam Mass Transit Fund. All revenue generated by the Corporation, including fares collected from passengers and other fees collected by the Corporation shall be deposited into the Guam Mass Transit Fund (GMTA Fund), which is hereby created. All GMTA Fund revenues are to be utilized for the purposes enumerated in this Chapter. The Corporation shall administer the GMT A Fund. (3) All Parking Fees collected by the Guam Mass Transit Authority are to be transfen-ed, within 30 calendar days of the end of the month in which they are collected, to the Corporation to be deposited in the Guam Mass Transit Authority Parking Fund. e. Tax Exemption. As an instrumentality of the government of Guam, the Corporation and all property acquired by or for it and all revenues and income therefrom, are exempt from taxation by the gove1nment of Guam or by any political subdivision or public corporation thereof and from all taxes imposed under the authority of the Legislature, or with respect to which the Legislature is auth01ized to grant exemption.

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f. Bonds, debentures, long term obligations (in excess of 7 years), tax exempt. All Bonds, debentures, and long term obligations are exempt from taxation by the government of Guam or by any political subdivision or public corporation thereof and from all taxes imposed under the authority of the Legislature, or with respect to which the Legislature is authorized to grant exemption.

§ 6206. Limited Liability 1) To the extent that any liability of the government of Guam Corporation is covered by a policy or policies of insurance, the Government waives the limitation of liability found in 5 GCA § 6301; provided that the Government shall not be liable in damages for tort in any amount which exceeds the coverage of insurance and the limitation of liability contained in §6500 .13 of the Government Code. 2) All claims made against any policy of insurance purchased by the Corporation shall be made in accordance with the procedures and time limitations set forth in the Government Claims Act, except that all claims not in excess of the face value of the policy shall be presented to the General Manager of the Corporation, who shall present the same to the insurance carrier, cmTiers or to their designated agents for processing. 3) If a claim is in excess of the applicable insurance coverage, then the General Manager of the Corporation shall also present a copy of the claim to the Attorney General of Guam, who shall then coordinate the claim as between the Gove1nment and the insurance carriers. In the event of said dispute, the Attorney for the Corporation shall represent the interests of the Corporation. 4) Each policy of insurance of the Corporation or of its interest shall contain a clause waiving any defense of sovereign immunity which may be raised against the payment of the claim by the canier.

Page 21 of27 \fay l 3. 2(JiJ8 GMT A Law Combined Version

5) The General Manager of the Corporation shall publish in a newspaper of general; circulation in Guam, within ten ( 10) days after the effective date of any policy of insurance purchased, a statement indicating the existence of any such policy and a notice informing the public where claims may be filed.

§ 6207. Consolidation of Government of Guam Transportation Services

The Legislature, in concert with the federal government's United We Ride initiative to coordinate and leverage resources for transportation, feels that consolidation of Gove1nment subsidized transportation results in greater coordination of trips and improved efficiency of operations, and that standardization of passenger vehicles will result in improved reliability and parts availability. a. Consolidation. The following transportation operation is transferred to the Corporation: Department of Public Health and Social Services, Division of Senior Citizens, Senior Citizens Transportation Operations. b. Transfer. The transfer of associated personnel, equipment, and budget must include a propmiionate share of accounting, maintenance, building rental, personnel management and other related support functions. c. Effective Dates 1) The operations plan and budget plan must be finalized, with public hearing by September 30, 2010. 2) The implementation of the operations and budget plans and all transfers must be completed by the close of business September 30, 2011. d. Employees. No employee is to be terminated or reduced in pay without due process. The Corporation may elect not to replace personnel who resign, transfer, retire, or otherwise vacate their position. The Corporation may elect to consolidate

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operations as the number of personnel declines and to contract out or franchise services as it sees fit. e. Federal Grants. The administration of federal grants involving transportation services shall be transferred to the Corporation.

Article 3. Accessibility of Transportation Services.

As per the Americans with Disabilities Act, all transportation services which provide transportation to the general public shall make their transportation services accessible or provide equivalent transportation services to and useable by individuals with disabilities, including people who use wheelchairs. This includes vehicles, programs, activities, facilities, private motorcoach companies, transportation for hire, and entities not primarily engaged in transportation, such as hotels, restaurants, recreational, and sales establishments that provide customer courtesy transpmiation services.

Section 3. §4105(a) and §4105(b) of Chapter 4 of Title 4 of the Guam Code Annotated is hereby amended to read: (a) Rules subject to criteria established by this Chapter governing the selection, promotion, performance, evaluation, demotion, suspension and other disciplinary action of classified employees shall be adopted by the Board of Directors of the Antonio B. Won Pat International Airport Authority, Guam; the Board of Directors of the Guam Economic Development and Commerce Authority ; the Board of Directors of the Guam Housing Corporation; the Board of Commissioners of the Guam Housing and Urban Renewal Authority; the Guam Judicial Council; the Board of Directors of the Jose D.

Page 23 of27 May 13,2008 GMTA Law Combined Version

Leon Guerrero Commercial Port; the Guam Education Policy Board; the Board of Regents of the University of Guam; the Guam Community College Board of Trustees; the Board of Directors of the Guam Mass Transit Authority; the Board of Trustees of the Guam Memorial Hospital Authority; the Board of Directors of the Guam Visitors Bureau; and the Consolidated Commission on Utilities on behalf of the Guam Waterworks Authority and the Guam Power Authority, with respect to personnel matters within their respective Branches, agencies, public corporations or departments, and by the Director of Administration as to all other Executive Branch employment. (b) Such rules shall, to the extent practicable, provide standard conditions for entry into and the other matters concerning the government service. The personnel rules adopted for the Guam Economic Development and Commerce Authority, the Guam Housing Corporation, the Guam Housing and Urban Renewal Authority, the University of Guam, the Guam Community College, the Antonio B. Won Pat International Airpmi Authority, Guam, the Jose D. Leon Guerrero Commercial Port, the Guam Public School System, the Guam Mass Transit Authority, the Guam Memorial Hospital Authority, by the Director of Administration and by the Consolidated Commission on Utilities shall require that all their classified employee appeals, except academic personnel of the Guam Community College and the University of Guam in conformance with Title 4 GCA § 4403(h), be heard by the Civil Service Commission ('Commission'). Section 4. Transfer of Funds.

The total amount in the Public Transit Fund at the time of this act's effective date shall be transferred to the Guam Mass Transit Authority Fund. All

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revenue generated by GMTA resulting from the operation of Guam's mass transit system, including fares and fees collected from riders, royalties from operational agreements for use of public transportation conducted on Guam roads and highways by private firms, or advertising revenues shall be deposited into the Guam Mass Transit Authority Fund. The Fund shall be used by GMTA for the operations of the mass transit system and shall be audited annually by an independent certified public accountant or by the Public Auditor. Transportation Contracts. Notwithstanding any other provisions of law, all contracts to be entered into that deal with the operations of the mass transit system shall continue ...... is this already covered in law .... or is there a need to state that all contracts remain in place with the authority passed on to the new GMTA? Section 5. Transfer of Records, Equipment, Designation as State Agency. (a) Upon the effective date of this act, the Department of Administration Division of Public Transportation Services shall transfer possession of all books, records, papers, maps, plans, documents, offices,

equipment, supplies, money, funds, appropriations, licenses, permits,

agreements, contracts, claims, judgments, vehicles, and other

property, real or personal, connected with the administration of, or

held for the benefit or use of, the former Department of

Administration, Division of Public Transportation Services to the

newly reauthorized Guam Mass Transit Authority.

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(b) For the purposes of receiving federal funding for the operations of

the mass transit system, the designation of State Agency is hereby

designated to be within the Guam Mass Transit Authority.

Section 6. Appropriation. The sum of four million, five hundred thousand dollars ($4,500,000) is hereby appropriated from the Guam Highway Fund to the Guam Mass Transit Authority Fund for the purpose of providing initial funding for the Guam Mass Transit Authority facilities, personnel and operations. Section 7. Severability. If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to this end the provisions of this Law are severable.

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There is a need to repeal the lmv which mandates the provision of Personal Care Attendants for the buses. Federal regulations already provide for free fares for personal assistants who travel with individuals who are determined eligible for the PCA benefit. This mandate is reflected in the local rules and regulations which were promulgated in PL 26-57.

Some individuals \Vith disabilities need this service; however, the service is attached to the bus. not the person. Individuals need the services beyond the bus iide, therefore. there remains a need to detern1ine how to fund these suppmi services ... which should probably be administered as a vouchered service through DTSID, not through the transit authority.

Page 27 of27 HISTORY OF COMPLAINT ISSUES

Date To From Topic/Issue Response Provider Recurrenc 6/3/98 James Underwood Evelyn Duenas Action vs. words. Response None Goodwill Ind. Yes time, Hrs of service, etc. 2004 1/6/04 Joseph Manibusan Evelyn Duenas Inaccessible bus None KEI Yes Discriminatory questioning Yes. KEI No 1/19/04 Joseph Manibusan Evelyn Duenas Proper securement. Training Unknown KEI Yes needed. 1/28/04 Joseph Manibusan Evelyn Duenas No reservation w/i 14 day Unknown KEI Yes window- denial Late bus. Reserv change w/o noti Unknown KEI Yes 2125104 Joseph Manibusan Evelyn Duenas 4 day advance reservation denied New provider, KEI Yes give chance. 7 day advance reservation denied Last min KEI Yes rollover, getting used to specs. June FTA Office -0f Evelyn Duenas Complaintfiled on above issues None KEI 2004 Civil Rii!hts 8/31/04 Joseph Manibusan Evelyn Duenas Proper securement. Unknown KEI Yes 1 day advance reservation denied Unknown KEI Yes due to capacity restraints Trip cancellation (w/o notice) Unknown KEI Yes with restriction and priority based on purpose Fueling w/ passengers on board Verbal KEI Yes 9110104 Joseph Manibusan Evelyn Duenas 3 day advance reservation denied None KEI Yes due to capacity constraints Date To From Topic/Issue Response Provider Recurrenc 12/7/04 Joseph Manibusan Ginger Porter, Info: Private entities must stand Div. of Public GUAM in shoes of public entities. Transportation CEDDERS 2005 418105 Joseph Manibusan Evelyn Duenas Non-compliant van - no lift on Provider not pd KEI Yes & Lisa Ogo fixed rte Red Line 1 for hrs in serv

March Michael Winter Evelyn Duenas Meeting in Washington, D.C. at Follow-up 6,2005 Mobility Planning Institute call from Atty. regarding status of complaint of David Knight June 2004 June 15, FTA Office of J. Manibusan Initial DOA Response to Request further 2005 Civil Rie;hts complaint info August FTA Office of J. Manibusan Continued DOA Response to Request further 8,2005 Civil Rights complaint info August FTA Office of J. Manibusan Continued DOA Response to 17,2005 Civil Rie;hts complaint 8/30/05 Joseph Manibusan Ginger Porter Info: Need to implement next Div of Public day service capabilities Transportation 10/25/05 Joseph Manibusan Evelyn Duenas Ensure contractor follows rules None KEI Yes and regulations. 11/15/05 Joseph Manibusan Evelyn Duenas Trip cancellation without None KEI Yes notification. Chain of responsibility for None Div. of Public Yes ombudsman role. Transportation 12/9/05 Joseph Manibusan Evelyn Duenas Exceedingly long trip. None KEI Yes Priority scheduling (trip purpose None KEI Yes restrictions) Excessive subscription service. None KEI Yes Date To From Topic/lssue Response Provider Recurrenc 12/28/05 Joseph Manibusan Evelyn Duenas 6 day advance reservation None KEI Yes denied. Full. Advance reservation/no courtesy None KEI Yes Inability to contact ombudsman None KEI Yes to file complaint. 12/28/05 Joseph Manibusan Evelyn Duenas Confirmed rides disrupted and None KEI Yes for self & J Q becoming exceeding long trips. Continued non-compliance since None KEI Yes Jan 2004. 12/28/05 Joseph Manibusan Evelyn Duenas Need for back up planning. None KEl&DPT Yes 2006 1/05/06 Joseph Manibusan Evelyn Duenas Assurance request for None KEI&DPT Yes supervisory personnel on duty 2/1/06 Joseph Manibusan Evelyn Duenas Notification of schedule change None KEI Yes 4124106 Joseph Manibusan Evelyn Duenas Improper securement. None KEI Yes Assurance for supervisory None KEl&DPT Yes personnel on duty. 4130106 Joseph Manibusan Evelyn Duenas Denied ride. None KEI Yes Lack of supervisory personnel None KEI Yes on duty. Take it or leave it service- denial None KEI Yes 5125106 Joseph Manibusan Evelyn Duenas Inaccessible vehicle on demand None KEI Yes response 5/23 and 5111 No reservation w/i 14 day window - Ride denial None KEI Yes 5130106 Joseph Manibusan Evelyn Duenas WC tie downs pulled out. WC 10/18 Mtg. No KEI No tipped w/passenger action. 5130106 Joseph Manibusan Evelyn Duenas Inaccessible vehicles.5/22, 5/25, 10118 Mtg. No KEI Yes 5126, 5127' 5/30, 5/31 action. Date To From Topic/Issue Response Provider Recurrenc 615106 Joseph Manibusan Ginger Porter Info: Insufficient space for None Div of Public Problem confidential eligibility Transportation ongomg application process. 6/08/06 COURT DECISION ON SUIT IS RENDERED. Outcome: Order to redo bidding process and utilize Multi-Step Bid Procedures. 8/21/06 Email complaint Evelyn Duenas 14 day advance reservation not None KEI Yes taken. Deferred. 8/23/06 Joseph Manibusan Ginger Porter Informational: Parameters for None Div of Public vehicles operating without Transportation operable lift. 914106 Email complaint Evelyn Duenas Scheduling not open during None KEI No holiday hours of operation. 917106 Email complaint Evelyn Duenas 3 day advance reservation None KEI denied, capacity constraint 3 Inaccessible vehicle(s) on route Mtg 10/18. No KEI Yes action Ride denied. None KEI 9/13/06 Email complaint JC No reservation w/i 2day, no Unknown KEI Yes reservation w/i 1 hr of requested time - ride denial 9/15/06 Email complaint Evelyn Duenas Exceedingly long ride. None KEI 9120106 Email complaint Ginger Porter Operator not trained in lift None KEI Not yet operation or securement 9127106 Email complaint Evelyn Duenas Excessive driving hours KEI 9127106 Email complaint Evely Duenas Poorly maintained bus KEI 10/16/06 Email complaint Ginger Porter Non compliant van-no lift on Mtg. 10/18. No KEI Yes demand Rte Green 1 for 7 action. consecutive days 10/16/06 Email complaint Evelyn Duenas Fixed Rte missing stops. Mtg. 10/18. No KEI Unmanned phone. action. 10/24/06 Email complaint Evelyn Duenas Fixed Rte missing stops-must Mtg. 10/18. No KEI call. action. 10/24/06 Email complaint Evelyn Duenas Denied ride. None KEI 12/04/06 Email complaint Evelyn Duenas Safety, inoperable door KEI 12/6/06 Email complaint Evelyn Duenas Safety. Lifter belt switch KEI 12/8/06 Email complaint Evelyn Duenas Ride Denial None KEI Yes 12/10/06 Email complaint Evelyn Duenas Safety, exhaust fumes Sanko 12115/06 Email complaint Evelyn Duenas Inaccessible bus on route KEI 12/24/06 Email complaint Evelyn Duenas Late bus KEI 1/1/07 Email complaint Evely Duenas Late bus KEI 1/3/07 Email complaint Evelyn Duenas Safety. Illegal tum. None KEI No 114107 Email complaint Evelyn Duenas Driver smoking None KEI No 1/31/07 Email complaint Evelyn Duenas Ride Denial KEI 2112107 Email complaint Evelyn Duenas Ride Denial None KEI Yes 2120107 Email complaint Evelyn Duenas Inoperable Lift None KEI Yes 314107 Email complaint Evelyn Duenas Ride Denial None KEI Yes 3111/07 Email complaint Evelyn Duenas Ride Denial None KEI Yes 3/13/07 J. c. Ride denial for 3/15 Nothing filed KEI 3124107 C.M. Ride denial to all services Refer to DOA KEI 3126107 Email complaint Evelyn Duenas Ride Denial None KEI Yes 4114, 15, Email complaint Evelyn Duenas Late buses None KEI Yes 16/07 616107 Email complaint Evelyn Duenas Insensitive driver None KEI No 6124107 Email complaint Evelyn Duenas Access to tickets KE I/Fleet 7115107 Phone & email Evelyn Duenas Clarify pick up window Yes 8/28/07 Email complaint Evelyn Duenas Late bus KEI Date To I From Topic/Issue Response Provider Recurrenc 12/4/17 Email complaint Evelyn Duenas No scheduler on duty KEI 12/24/07 Email complaint Evelyn Duenas No scheduler on duty KEI 12/28/07 Email complaint Evelyn Duenas Ride denial KEI 1/13/08 Email complaint Evelyn Duenas Poor maintenance KEI 2/3/08 Email complaint Evelyn Duenas No scheduler on duty KEI 2119/08 Email complaint Evelyn Duenas Ride denial KEI 3/6/08 Email complaint J.C. Window for negotiation KEI