a 2002 january-march independent monitor quarterly report

8/14/2019 A 2002 January-March Independent Monitor Quarterly Report

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Access Living, et al vs. Chicago Transit AuthorityNo. 00 C 0770

Settlement Agreement

QUARTERLY REPORTOF

INDEPENDENT MONITOR

Report 11 st Quarter (January March) 2002


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Shelley A. SandowIndependent Monitor

April 29, 2002

Report 1 Quarterly Report1 st Quarter 2002 Access Living, et al vs. CTA Settlement Agreement

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FINDINGS

1. Bus Audio-Visual Displays. The CTA shall install audio-visual equipment on its bus fleet that willdisplay bus stop information in both audio and visual formats. The CTA shall comply with theapplicable ADA regulations in determining which bus stops will be displayed. The CTA shall install theaudio-visual display equipment on all of its buses in revenue passenger service on December 31,2003, except for those buses that the CTA plans to retire from service on or before December 31,2004.

STATUS 3/31/02 IN PROCESS Mr. Daniel Shurz, Special Assistant, Transit Operations reports that the Request for Proposal (RFP) for this system was released on April 11, 2002. Proposals are due back to CTA by mid-May 2002. The RFPis for a system to be installed on all 1,430 buses in service at CTA that will remain in service through theend of 2004. The system is to deliver onboard audio and visual announcements of stops. It is to workautomatically without driver input by using Global Positioning Satellite (GPS) signals to determine thelocation of the bus.

2. Rail Audio-Visual Displays. If during the term of this Settlement Agreement the CTA orderspassenger rail cars, such rail cars shall be equipped with audio-visual displays that communicatestation stop and other customer service and safety information.

STATUS 3/31/02 IN PROCESS

According to Mr. Shurz, the new 3500-series railcars that CTA is procuring will include internal LEDdisplays that have the same information as the existing audio announcements about the next stop andtransfer information. The RFP for these railcars was released on April 15, 2002. Delivery is expected tostart in late 2004, replacing the CTAs existing 2200 and 2400 series cars, as well as providing additionalgrowth vehicles.

3. Elevator Rehabs. The CTA shall perform a comprehensive mid-life rehabilitation on each revenuepassenger service elevator in its system that has been in service for ten years or more on December 31, 2001. The following elevators shall be rehabilitated:

Red Line:1. Loyola2. Granville

3. Adams/Jackson (Station/Mezzanine)4. Adams/Jackson (Mezzanine/Platform)

Blue Line:5. OHare (Trans)6. OHare7. River Road


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8. Cumberland (Northbound)9. Cumberland (Southbound)10. Cumberland (Mezzanine/Platform)11. Cumberland (Mezzanine/Rotunda)12. Harlem13. Lake Transfer (also referred to as Clark / Lake)14. State of Illinois Center (#1)15. State of Illinois Center (#2)16. Adams/Jackson (Station/Mezzanine) Note: This elevator is deleted from the schedule

because it was incorrectly listed as being more than ten years old (see Status, below).17. Des Plaines/Congress, Polk/Douglas (Eastbound)18. Polk/Douglas (Westbound)

Brown Line:19. Western (Northbound)20. Western (Southbound)

The CTA contracts shall provide for completion of the elevator rehabilitation by no later than March

31, 2003.

STATUS 3/31/02 IN PROCESS CTA informed Equip for Equality of two changes to the schedule of elevators to be rehabilitated. Thefollowing five elevators have been in service for 10 years or more, but were inadvertently left off the list for rehabilitation in the original Settlement Agreement. These will be added to the rehab schedule:

21. 203 N. LaSalle (Green/Brown lines)22. Merchandise mart (Northbound) (Brown/Purple lines)23. Merchandise Mart (Southbound) (Brown/Purple lines)24. 63 rd/Cottage Grove (Eastbound) (Green line)25. 63 rd/Cottage Grove (Westbound) (Green line)

Also, the Adams/Jackson (Blue Line Street/Mezzanine) elevator was incorrectly listed as being morethan ten years old in the Settlement Agreement. It is actually less than ten years old, so it is deleted fromthe rehabilitation program.

Mr. Edward Baker, Manager, Customer Facilities Maintenance Projects, provided a schedule for rehabwork to be carried out by Anderson Elevator Company, which was awarded the contract for the 12elevators in Phase 1.


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Table A Phase 1 Elevator Rehabilitation Schedule

Schedule for Elevator Rehabilitation Anderson Elevator Company

Elevator Location Planned Rehabilitation Start Planned Rehabilitation Completion

Lake Transfer (Blue Line) 4/29/02 5/19/02Cumberland North (Blue Line) 5/20/02 6/16/02Cumberland South (Blue Line) 5/20/02 6/16/02Granville (Red Line) 6/17/02 7/28/02Des Plaines (Blue Line) 7/8/02 8/11/02Western North (Brown Line) 7/29/02 9/15/02Adams-JacksonStation/Mezzanine(Red Line)

7/29/02 9/15/02

Western South (Brown Line) 9/16/02 11/3/02Polk East (Blue Line) 10/7/02 11/24/02Loyola (Red Line) 9/30/02 11/24/02Adams-Jackson Platform(Red Line)

12/2/02 1/12/03

Polk West (Blue Line) 12/02/02 1/26/03

In April of 2002, repairs for the remaining 13 elevators were bid as Phase 2. Rehabilitation on Phase 2elevators will begin in 2002, so the March 31, 2003 completion date can be met. Schedules for the twophases of elevator repair will overlap. Details on the contract award and the schedule for Phase 2 will bein the next quarterly report.

4. Activators on Hydraulic Elevators. The CTA shall install automatic elevator activators on all of itshydraulic elevators in revenue passenger service by no later than December 31, 2001, except for those elevators that will be rehabbed after December 31, 2001. These elevators are as follows:

Red Line:

1. Randolph/Washington (Station/Mezzanine)2. Randolph/Washington (North)3. Randolph/Washington (South)4. Jackson/Van Buren (Station/Mezzanine)5. Jackson/Van Buren (Mezzanine/Platform)6. Roosevelt (Mezzanine/Platform)7. 35 th/Dan Ryan8. 79 th/Dan Ryan

Green Line:9. Marion (Station/Platform)10. Central (Station/Platform)11. Pulaski (Eastbound)12. Pulaski (Westbound)13. 203 N. LaSalle14. 35 th/Tech (Station/Platform)15. Indiana (Northbound-Station/Platform)16. Indiana (Southbound-Station/Platform)


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Orange Line:17. Library (Station/Mezzanine)18. Library (Northbound)19. Library (Southbound)

Blue Line:

20. OHare (Trans)*21. OHare*22. River Road*23. Cumberland (Northbound)*24. Cumberland (Southbound)*25. Cumberland (Mezzanine/Platform)*26. Cumberland (Mezzanine/Rotunda)*27. Harlem*28. Lake Transfer* (also referred to as Clark/Lake)29. State of Illinois Center (#1)*30. State of Illinois Center (#2)*31. Adams/Jackson (Station/Mezzanine)

32. Des Plaines/Congress*

(*Elevators where activator will be installed as part of rehab project.)

STATUS 3/31/02 IN PROCESS Installing elevator activators on hydraulic elevators causes them to cycle up and down every 20 minutes.This is to prevent hydraulic fluid from freezing, which is especially important during cold weather for elevators that are not frequently used.

Mr. Baker explained that there are three methods by which the required elevator activators are accountedfor:

1. Newly installed activators on old elevators where none existed;2. Newer elevators that had activators when they were installed; and,3. Elevators that will have activators added as part of their rehabilitation.

He provided data showing that new activators have been installed as of 5/23/01 on the followingelevators:

Red Line:1. 79 th/Dan Ryan

Blue Line:2. Adams/Jackson/Dearborn, Street/Mezzanine

Green Line:3. Central, Street/Platform4. 35 th/State/Tech

Orange Line:5. Library - Van Buren/State, Street/Mezzanine

6. Library - Van/Buren/State, North7. Library - Van Buren/State, South


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The elevators below did not require adding activators because the elevators were installed more recently.Their installation included the activator, since that was in elevator specifications as a standard feature atthe time of installation.

Red Line:

8. Randolph/Washington (Street/Mezzanine)9. Randolph/Washington (North)10. Randolph/Washington (South)11. Jackson/Van Buren (Street/Mezzanine)12. Jackson/Van Buren (Mezzanine/Platform)13. Roosevelt (Mezzanine/Platform)14. 35 th/Dan Ryan

Green Line:15. Marion (Station/Platform)16. Pulaski (Eastbound)17. Pulaski (Westbound)

18. Indiana (Northbound-Station/Platform)19. Indiana (Southbound-Station/Platform)

Blue Line:20. Adams/Jackson (Street/Mezzanine) Dearborn side

The remaining 12 elevators (those followed by an asterisk in the Settlement Agreement list) will haveactivators installed during their full rehabilitation.

5. Elevator Repair Service Hours. The CTA shall deploy on an as-needed basis no fewer than threeelevator mechanics and one helper. For one year from the effective date of the SettlementAgreement, the CTA shall have at least one contract elevator repair person on duty during a total of 14 hours on each weekday and during regular work hours ( e.g. , 7:00 a.m. to 3:30 p.m.) on eachweekend day. Commencing one year after the effective date of the settlement, the CTA shall have atleast one elevator repair person on duty during a total of 12 hours on each weekday and duringregular work hours ( e.g. , 7:00 a.m. to 3:30 p.m.) on each weekend day. The CTA shall deploy itselevator repair personnel and prioritize its response to elevator outages in order to maximize theaccessibility of its rail system using criteria such as:

(a) Station ridership;(b) Designation of the station as a key station;(c) Availability of accessible bus alternatives to the rail line; and(d) Availability of other elevators at the station.

STATUS 3/31/02 - ONGOING Prior to the Settlement Agreement, there were only two elevator mechanics on contract. The schedulefrom Anderson Elevator Company, the contractor providing the elevator mechanics, now shows threecontract elevator mechanics on duty Mondays through Fridays working overlapping shifts: 5:00 a.m. 1:30 p.m.; 7:00 a.m. 3:30 p.m.; and, 10:30 a.m. 7:00 p.m., providing 14 hours of coverage. Anelevator mechanic is also shown on duty on Saturdays and Sundays from 7:00 a.m. 3:30 p.m. Mr.


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Baker reports that a helper also works Monday through Friday, but his name and shift are not shown onthe Anderson Elevator schedule.

Four CTA elevator inspectors monitor the attendance and work of the contract elevator mechanics andhelper. Mr. Baker stated that their schedule is the same as the elevator mechanics.

Mr. Baker noted that during special events creating an increased demand on CTA, such as White Sox andCubs opening days, Taste of Chicago, 4 th of July fireworks, etc., additional mechanics and helpers aredeployed.

Independent Monitor Comments and Recommendations:Mr. Baker provided an invoice from Anderson Elevator Company showing the number of mechanic and helper hours, but the invoice has an unclear billing period, so it was not possible to interpret theinformation to unequivocally document that the mechanic and helper were present for the days and hoursscheduled. It is recommended that Anderson Elevator be directed to show the helpers name and shift onfuture monthly schedules, and to provide monthly invoices that correlate with the schedule. This will allow verification that the requirements of the Settlement Agreement are being met.

6. Scrolling Marquees. If and when the scrolling marquees in CTA rail stations become fully functional,the CTA shall display information pertaining to scheduled elevator outages and shall make reasonableefforts to display information pertaining to all elevator outages.

Status 3/31/02 IN PROCESS The current scrolling marquees in the rail stations do not perform as desired. CTA is currentlyresearching other technologies and products. Mr. Daniel Shurz reports that CTA is collaborating with RTAfor a demonstration project that will allow CTA to evaluate various types of signs, hopefully identifying oneor more types that meet their performance criteria.

7. Customer Assistant Schedules. Upon request by a disabled customer, the CTA will provideinformation about the hours that customer assistants are on duty at the customers boarding anddestination rail stations. Information about the hours of customer assistant staffing at rail stations willbe available to the customer service controllers and to customer assistants in the field. The CTA shallbe allowed to take reasonable steps to limit the distribution of customer assistant staffing informationto its disabled customers and to take other measures reasonably designed to protect the safety of itscustomers.

STATUS 3/31/02 - ONGOING This information is available on the CTA website http://www.transitchicago.com .

8. Gap Filler. The CTA shall install a gap filler on every rail station platform in use for revenue passenger service by June 30, 2002. The CTA shall use reasonable efforts to keep the gap fillers in a state of good repair. The parties shall cooperate in developing a designated recommended, optional platformarea for the deployment of the gap filler to assist the boarding and alighting of trains by disabledcustomers; provided that the CTA shall have no obligation to make the entire station platform at anystation suitable for gap filler deployment. The CTA shall explore alternatives to its current gap filler and communications systems as technology develops.


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STATUS 3/31/02 FUTURE FOLLOW-UP The purpose of this part of the Settlement Agreement is to allow for emergency departure of a customer with a mobility device from a rail car at stations that are not accessible and are not used under normalconditions by persons requiring a gap filler. (Accessible stations already have gap fillers.) A wheelchair or mobility device user may need to leave a rail car due to an equipment malfunction, illness, or another

emergency.

Mr. Shurz reports that there have been no meetings to date

9. Customer Service Controllers. Within 45 days after the effective date of the settlement, the CTAshall hire two full-time customer service controllers (or their equivalents) for the Control Center whoseprimary job function will include the following duties:

(a) Coordinating with customer assistants and operators deployments of gap fillers;(b) Arranging alternate transportation pursuant to paragraph II.10 herein; and(c) Updating the elevator status phone line on a real-time basis.

The CTA will use reasonable efforts to ensure that these duties are performed at all times regardlessof staff schedules and shall ensure that the elevator status line information will be updated at leastevery four hours. The CTA will give representatives of the Plaintiffs an opportunity to provide ideas,materials and other input into the training of the customer service controllers; however, any moreformal involvement (e.g., a training module taught by representatives of the Plaintiffs) will requireseparate discussion and agreement. Based upon, among other things, the reports of the Monitor, theCTA shall have the right to make reasonable redeployments of its employees to better perform thetasks listed above; provided, however, that in no event will the CTA have less than two full-timeequivalent employees whose primary job function includes the tasks listed above. The CTA will reviewthe need to increase the number of customer service controllers (or their equivalents) based uponcustomer demand and available resources.

STATUS 3/31/02 ONGOING Two FTE positions were added to the 90 Customer Assistant Controller (CAC) positions in the ControlCenter as a result of the Settlement Agreement. Two full-time Customer Service Controllers have beenhired and trained, and are carrying out the required tasks. They work Monday through Friday, one from6:00 a.m. to 2:00 p.m., and the other from 2:00 p.m. to 10:00 p.m. When a Customer Service Controller is on break, on vacation, or ill, or during the hours outside of Monday through Friday 6:00 a.m. to 10:00p.m. the Customer Assistant Controllers provide coverage. Mr. George Neal, Acting General Manager,Control Center, reports that as of the date of this report, one Customer Assistant Controller hasundergone special additional training to upgrade skills for providing better emergency coverage of Customer Service Controller tasks, when needed.

The position description for this job is in Attachment A.

One Customer Service Controller responsibility is to update the elevator telephone status line at leastevery four hours. Recently, a new procedure was implemented wherein the Customer Service Controllersupdate the elevator telephone status line as soon as they are informed about an elevator outage or return-to-service, rather than updating it only at four-hour intervals. The elevator status line messageincludes the time the message is recorded, so the data for trip planning is more accurate.

Mr. Shurz reported that prior to Customer Service Controller training, representatives from Equip for Equality discussed the training with Darryl Lampkins, who was General Manager of the Control Center at


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that time. The training was then conducted through the CTA Management Institute with input from Ms.Christine Montgomery, ADA Compliance Officer. Ms. Montgomery also conducted field observations andprovided information before training officially began.

Independent Monitor Comments and Recommendations:The new procedure of updating the telephone elevator status line in real-time is commendable. However,

this system breaks down when the most recent information is not shown on the elevator status board inrail stations. For example, on 4/29/02 at approximately 10:45 a.m., the message on the telephoneelevator status line said that the Blue Line Clark and Lake elevator is out of service until further notice.However, at 1:15 p.m., when I observed the elevator status board at Marion St. (Green Line), it showed areport time of 6:00 a.m. and did not show the Clark and Lake elevator out of service.

10. Alternate Transportation. The CTA shall arrange alternate transportation for disabled customersstranded at stations with inoperable elevators when there is:

(a) No accessible bus service within 1/3 of a mile of the station.(b) Accessible bus service within 1/3 of a mile of the station, but to get to within mile of his/her

destination or to an accessible station on the customers intended rail line the customer wouldhave to make more than one additional transfer.

(c) Another elevator at the station, but a ride back in the opposite direction to the next accessiblestation platform to catch a train in the customers intended direction will add 30 minutes or more to the length of the customers trip.

In order for nearby accessible bus service to be considered accessible, the path of travel from the railstation to the bus stop must be accessible. The rideback option shall only be utilized if CTA personnelhave concluded after reasonable inquiry of the Customer Assistant Controllers that the elevator(s) atthe rideback station is in service. When Customer Assistant Controllers are not on duty CTApersonnel shall be entitled to rely upon the last posted elevator status information. The CTA willprovide alternate transportation within the same time frame that it provides special service vehiclesfor its paratransit customers (i.e., within 60 minutes).

The CTA shall provide alternate transportation to customers on bus routes where the headway isgreater than 30 minutes pursuant to the requirements of the ADA regulations.

The CTA shall make reasonable efforts to inform its contract providers of alternate transportation that,if the trip has been authorized by the CTA, the disabled customer need not be certified as eligible for paratransit service in order to receive the ride.

STATUS 3/31/02 - ONGOING At every rail station, there is a set of guidelines for what the Customer Assistant is to do if a customer witha disability is unable to complete his or her commute as planned due to an inoperable elevator.Customer Assistants have a 40-page spreadsheet with detailed information on options for alternateroutes, related to whether the customer needs to enter or leave the station, the location of the elevator,time of day, and direction of travel. Alternative rapid transit stops and bus routes are provided, as well astimes when paratransit should be used for alternate transportation.

Mr. George Neal reports that when Customer Assistants or other personnel receive a call from a strandedrider with a disability, they follow their existing procedure for contacting paratransit providers for specialcircumstances. He provided information in Attachment B describing the process.


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11. Station Telephones. By no later than December 31, 2001 the CTA shall upgrade the *1 system onphones in its rail stations so that it provides customers with prompts or other information directing thecustomer to:

(a) The CTA elevator status line; and

(b) The CTA Control Center.

The CTA shall make reasonable efforts to install TTY phones at all accessible stations and thosephones shall provide customers with *1 capability or its equivalent.

STATUS 3/31/02 - COMPLETEDMr. Ruben Madrigal, General Manager, System Maintenance Support, stated that the *1 system isavailable on all public telephones in rail stations. Essentially *1 is an auto-dial feature, similar to speed-dial on a personal telephone, and connects the user to the CTA main switchboard. It requires no coins.

The message and the destination of the call vary according to the time of day and day of the week. Thecaller hears the message: If you are a customer with a disability and there are no CTA personnel toassist you, press 5. During the day, this connects the caller to a live operator in Customer Service whoprovides the required assistance. At night, the call is routed to the Control Center, and a SecurityController there provides assistance.

Mr. Madrigal provided a list of all stations that have a public TTY, shown in Attachment C. He said thatwhen new public phones are installed at new or remodeled rail stations, requirements for public TTYs inthe Americans with Disabilities Act Accessibility Guidelines (ADAAG) are implemented.

12. Customer Complaints. Within 45 days of the effective date of the settlement, the CTA shallcreate a centralized database of all ADA-related complaints received by the Call Center, CTA garages andterminals, and the CTA front office. Managers in the field will be required to send ADA-related complaintsreceived in the field for entry into the database. The CTA will develop performance standards based uponthe levels of ADA-related complaints. These performance standards shall be included in the pay-for-performance standards that are used in the annual performance evaluations of CTA senior bus and railmanagers. The Monitor shall have access to the database with respect to ADA-related complaints.

STATUS 3/31/02 - ONGOING Ms. Tamara McCollum, General Manager, Customer Relations, explained that the Call Center has anAutomatic Call Distribution system so that a call is routed to whichever line is free. Each Customer Service Representative is responsible for follow-up of complaints in a specific geographic area assignedto him or her in order to expedite resolution.

Calls and letters are logged into a centralized database. The Customer Service Representative for theregion where the complaint originated investigates further and then generates a Service Request. Thismay be a request for a work order or a personnel action, according to the procedures in the CorrectiveAction Guidelines.

Ms. McCollum said that if the complaint was made in writing and the person provided a name andaddress, the Customer Service Representative sends a written response. If the complaint was made byphone, and the caller provided contact information, the Field Manager who carried out the ServiceRequest contacts the caller with the response and also advises the Customer Service Representativewhen that has happened.


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Ms. McCollum said that a programmer was recently hired and the database is now undergoing revisionand upgrading to improve its ease of use and ability to generate various reports.

She also said that the process of routing all complaints to Customer Service, even if the complaints aremade at bus garages, rail terminals, or elsewhere in the system is underway, but is not yet complete.

Independent Monitor Comments and Recommendations: In order to correlate information from Customer Service, Performance Control Specialists, and thedisciplinary process, it is recommended that the Customer Service intake form and reports be revised tomatch the ADA-related Corrective Action Guidelines. It is recommended that managers from theappropriate departments collaborate and consult with other relevant CTA personnel to develop a list of complaint and violation categories that are relevant and usable for Customer Service and PerformanceControl. This will allow better evaluation of compliance with the Settlement Agreement requirements.

It is not yet clear to me how complaint resolution is tracked, and if it is documented when the caller or writer is contacted. I will work with Ms. McCollum to clarify this for the next report.

13. Disciplinary Guidelines. Within 45 days of the effective date of the settlement, the CTA will amendits Corrective Action Guidelines to include the following:

Procedural/Performance Violations Which May Warrant Accelerated Discipline Failure to deploy the lift when requested Passing up a disabled customer Failure to deploy the gap filler Failure to report a broken elevator when person has actual knowledge that the elevator is

broken Failure to call out stops where required Failure to deploy a working bus stop audio-visual display Touching a passenger, a passengers assistive device or assistance animal without the

permission of the passenger except in an emergency Deploying a lift in a curb cut or in another inappropriate location Failing to report a broken lift Failure to report broken automatic stop-calling equipment when person has actual knowledge

that the equipment is broken

Behavioral Violation: Insolence or disrespect to a customer, including those with a disability.

In the event that any of these amendments are challenged by employees and/or their collectivebargaining representatives, the CTA shall make reasonable efforts to defend such amendment(s).The CTA will, however, abide by any binding decision by an arbitrator, court or other decision-maker.

STATUS 3/31/02 ONGOING CTAs Corrective Action Guidelines have been revised as of 11/14/01. All of the violations enumerated inthe Settlement Agreement are listed as Violations Which May Warrant Accelerated Discipline, with oneexception. The violation of insolence or disrespect to a customer, including those with a disability iscategorized as a Behavioral Violation Subject to Immediate Discharge.


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Independent Monitor Comments and Recommendations: In Items 12 and 17, I recommend using the language in the Corrective Action Guidelines as categories for tracking ADA-related complaints and violations.

As of the date of this report, I have not contacted CTA officials regarding Corrective Action Guidelines and developing the performance standards referenced in Item 12 of the Settlement Agreement. This will be a

priority during the next quarter.

14. Brochure. By no later than December 31, 2001, the CTA will distribute throughout its system abrochure that informs disabled persons how to utilize the CTA system and includes alternatetransportation and *1 system information. The CTA will give representatives of the Plaintiffs areasonable opportunity to review and comment on the brochure before it is released and distributed.Future versions of the brochure shall include updated access information, consistent with thisSettlement Agreement. The brochure shall be posted on the CTA web site. The CTA shall publish thebrochure in non-English languages consistently with how it publishes similar brochures in non-Englishlanguages.

STATUS 3/31/02 - ONGOING A new brochure, Get a Lift Out of Life When You Use CTAs Accessible Buses and Trains was written.

There is a link to it on the CTA website ( http://www.transitchicago.com/welcome/brochures.html ).

On December 3, 2001, the Plaintiffs attorneys faxed to CTA a 4-1/2-page letter with their comments andrecommendations for improving the brochure. Many of the comments addressed the tone of thebrochure, which they characterized as being based on antiquated stereotypes of people with disabilities,rendering much of the brochure patronizing and outdated.

A second category of their comments in the letter addressed the clarity and usability of the brochure,which they found significantly less well done than other CTA brochures, such as Bike & Ride.

Independent Monitor Comments and Recommendations:In reviewing the original draft brochure, the final one, and the Plaintiffs attorneys letter, it appears that approximately half of the recommendations were incorporated in the final brochure, though some only toa slight degree. It is my opinion that the final brochure retains significant difficulties that impair its clarity,usability, and appropriateness.

There are insufficient photos of features such as Customer Assistant call buttons, priority seating areas inbuses, securement devices, turnstiles and gates, fare card machines, public telephones with TTYs on

platforms or rail stations, intercom button in rail cars, etc. that would be helpful in orienting a new rider.There is also inconsistent formatting, which makes the brochure more difficult to follow.

There is little information for persons who are blind or low-vision and deaf or hard-of hearing on featuresthat would make their trip easier. Despite the photo on the cover of a rider using a white cane, the title of the brochure, using the word lift, suggests that the information does not address persons other thanthose with mobility impairments. I do note that on Page 7, there are directions about how to request thebrochure in an accessible format audiocassette, Braille, large print or computer disk.

It is recommended that the brochure be revised to incorporate more advice from the Plaintiffs attorneysand representatives of the disability community. Furthermore, the end product needs the same highquality professional writing, design, color, graphics, and paper quality as many other CTA brochures, suchas Bike and Ride or Sports Connection. The publication date should be printed on the front cover, asin other CTA brochures.


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15. CTA System Map. Beginning with the first edition of the system map that the CTA releases in 2002,the CTA shall provide information in its system map on how to obtain deployment of the gap filler, the*1 system, and alternate transportation.

STATUS 3/31/02 IN PROCESS

Mr. Shurz reports that the new system map has not yet been completed. It is now in review, with ananticipated release date in the summer.

16. Signage. The CTA shall make reasonable efforts to consider adding signage at elevators informingcustomers, among other things, what to do in the event that the elevator is not working.

STATUS 3/31/02 IN PROCESS Mr. Shurz said that CTA personnel are currently working on the appropriate language and display methodfor signs at elevators that are out of service. The signs would explain alternate travel arrangements in theevent that the given elevator does not work.

Independent Monitor Comments and Recommendations: It is strongly recommended that this task be expedited in view of the fact that the required elevator rehabilitations are underway as of 4/29/02.

17. Performance Control Specialists. Within 45 days of the effective date of the settlement, the CTAshall deploy two full-time equivalent performance control specialists in wheelchairs. The performancecontrol specialist department shall compile information about ADA-related performance problems inregular reports circulated to senior CTA bus and rail managers and the Monitor. The Monitor shallhave access to raw data collected by performance control specialists. The Monitor shall be able tomake reasonable requests that performance control specialists be deployed to address potentialADA-related problems. Such requests shall be given the same priority, and treated with the samedegree of confidentiality, as similar requests made by CTA Managers. In no event will the CTA berequired to devote more than 2080 hours of performance control specialist time each year respondingto the Monitors requests. Two performance control specialists shall be hired within 45 days of theeffective date of the settlement.

STATUS 3/31/02 ONGOING Mr. Gregory Gatewood, Manager, Performance Control reports that prior to Settlement Agreement the unitwas funded for 12 FTEs. In order to implement the requirements in the Settlement Agreement, hispersonnel allocation was increased to 14 FTEs and two new Performance Control Specialists were hired.

Mr. Gatewood said that rather than detailing the same two individuals to do all the surveillance inwheelchairs, all Performance Control Specialists do so at different times, except for two individuals thathe stated have physical conditions that prevent them from propelling the manual wheelchairs the unit haspurchased. He stated that distributing the surveillance among staff helps maintain their undercover status. Performance Control Specialists go out in teams, including those doing surveillance usingwheelchairs, in which case one person is using a wheelchair and the other accompanies him or her.Performance Control Specialist teams work three overlapping shifts: 5:30 a.m. 1:30 p.m.; 10:30 a.m. 7:00 p.m.; and, 2:00 p.m. 11:00 p.m. Mr. Gatewood states that they are always on call and aresometimes assigned to special surveillances outside of their shifts.

According to Mr. Gatewood, each Performance Control Specialist team selects the routes they want towork on each shift, unless there are requests from CTA Transportation Managers or Call Center personnel for specific observations and complaint checks.


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When Performance Control Specialists observe a violation, they complete one of four reporting forms ayellow Violation Report, white Fare Inspection Report, and one of two different white Special Reports.The reports go to the General Managers and Transit Managers at the relevant bus garage or rail terminal.The Violation Report, the Fare Inspection Report, and the Special Report relating to Unsafe Operation allhave pre-printed categories that the Performance Control Specialist can quickly check off. The SpecialReport form used for ADA violations has no pre-printed categories, so the Performance Control Specialist

must write the information during the surveillance.Independent Monitor Comments and Recommendations:It is recognized that surveillance by Performance Control Specialists for ADA violations is a new task,however, there are several issues that may create problems in meeting the terms of the Settlement

Agreement for this critical area.

1. None of the reporting forms has any pre-printed categories of violations relating to ADA compliance.This requires the Performance Control Specialist to hand-write the description of the violation rather thanchecking it off, which takes extra time and decreases the consistency of reporting and ease of tabulating and monitoring reports. It is recommended that ADA compliance violations be incorporated into a new ADA Violation Report, which all Performance Control Specialist teams would carry. As noted in Items 12 and 13, above, it is further recommended that the ADA compliance violations printed on the forms match

those listed in the new Corrective Action Guidelines and categories of complaints recorded by theCustomer Service Representatives.

I was not able to obtain all the raw data and individual reports of Performance Control Specialists for January, February, and March of 2002. From the data provided, however, there appear to bediscrepancies in tabulations. Conclusions about the frequency of violations observed cannot be reliably drawn. It also appears from the reports that wheelchair teams or other teams are not making observations of many ADA compliance issues, such as failure to call out stops, deploying a lift in a curbcut or other improper location, and all the other items that are listed in the new Corrective ActionGuidelines. I will investigate this further and make recommendations for revising observations and reporting, as appropriate.

2. The Settlement Agreement requires a commitment of 2 FTEs for wheelchair surveillance. The data

provided for this report do not allow drawing a conclusion about whether or not the requirement of 2 FTEscarrying out wheelchair surveillance is met. I will follow-up with Performance Control Managers to obtainadditional documentation for the actual time spent in wheelchair surveillance and associated duties.

3. There are full-time CTA elevator inspectors (See Table B in Section 22(a), below) and Customer Assistants who report on elevator outages using a sophisticated database that accounts for outages by the minute. Given this, it may be unnecessary for Performance Control Specialists to take the time and effort to inspect and report on elevator functioning, other than when they notice elevators incidentally as

part of their other surveillance. Table A, below, is a summary of the monthly Performance Control Specialist reports provided. The table shows that elevator inspections increased during the quarter, whileobservations of Bus Operators and Customer Assistants decreased. It is recommended that appropriateCTA Managers in relevant departments confer to determine if Performance Control Specialists should continue reporting on elevator outages or could eliminate this and have more time for observing and

reporting on ADA-related violations.


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Table B Summary of PCS Monthly Reports 1 st Quarter 2002

Month # Bus OperatorsRecorded for ADA

Compliance

# Customer AssistantsRecorded for ADA

Compliance

# Elevator InspectionsRecorded

Jan 02 162 44 25

Feb 02 124 18 22

Mar 02 103 28 38

4. The detailed reports on violations include the time of the observation. Of the hundreds of ADA violationreports, very few were shown as occurring outside of the hours of 11:00 a.m. (1100) and 4:00 p.m.(1600). Fewer than ten incidents were reported occurring during typical AM and PM rush hours. Fromthe data provided, it is not possible to infer if this is because service during rush hours was much more

ADA compliant or if there were very few observations made by Performance Control Specialist wheelchair teams during this time. I will investigate this further and request Performance Control Specialist wheelchair team deployment at rush hours, if needed.

5. The position description for Performance Control Specialists is shown in Attachment D. Aside from itsuse of the phrase confined to a wheelchair which is deemed offensive and inaccurate by many peoplewho use wheelchairs, there are other problems. This is counterproductive to efforts being made to reachout to people with disabilities as candidates. In order to avoid possible ADA Title I (employment)violations, the position description should be revised according to the best practices of ADA employment law. This would include very carefully identifying which tasks in the job meet the ADA definition of essential functions. Also recommended is training and information for those who will be reviewing resumes and interviewing Performance Control Specialist applicants. They should know what questionsare permitted when interviewing and how to legally elicit information on how an applicant would be able to

perform the essential functions of the job with or without a reasonable accommodation.

18. Bus microphones. The CTA shall make reasonable efforts to maintain its bus microphones in good

working order.19. Equipment Checks. The CTA shall make reasonable efforts to check the operation of customer

assistant buttons and elevators on a regular basis.

STATUS 3/31/02 Both Items - ONGOING Mr. Daniel Shurz explained that bus microphones and rail Customer Assistant call buttons are checkedroutinely as part of standard CTA maintenance procedures that include checking other technicalequipment on vehicles and stations. CTA managers have re-emphasized to maintenance and operatingpersonnel the importance of checking the operation of these items and expediting their repair.

20. Class Action. Plaintiffs will refile their action as a class action and the parties will cooperate toprovide notice of the proposed settlement to class members and obtain preliminary and final judicialapproval of the settlement. All costs associated with providing notice to the putative class shall beborne by the CTA.

21. Class. The parties shall request that the Court certify a class consisting of all individuals with mobility,vision, or hearing disabilities who currently use, have used, or have attempted to use the CTA's fixedroute bus and rail system, as well as those individuals with mobility, vision or hearing disabilities whohave been deterred from such use.

STATUS 3/31/02 Both Items NOT APPLICABLE FOR THIS REPORT


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22. Independent Monitor. The CTA shall pay up to a maximum of $45,000 per year, plus customary andreasonable administrative expenses (but not including additional personnel), for a Monitor whose jobwill be to compile data and assemble quarterly reports pertaining to the CTAs performance under thisSettlement Agreement. The parties will discuss possible candidates for the Monitor position. The CTAwill give Plaintiffs counsel reasonable advance notice before retaining a Monitor. The CTA shall givesuch notice within 45 days after the effective date of the settlement. If Plaintiffs do not agree with the

CTAs selection, the CTA shall propose retention of another Monitor within 21 days after Plaintiffsrejection. After two rejections, the parties will request the Court to appoint a Monitor.

STATUS 3/31/02 - ONGOING CTA and Plaintiffs attorneys selected the Independent Monitor, Shelley A. Sandow, and she has served inthis capacity since January 11, 2002.

The Settlement Agreement further directs the Monitor to track the CTAs performance in the followingareas (a) through (j), which are shown in bold type below.

(a) The availability of functional elevators.

STATUS 3/31/02 - ONGOING Mr. Edward Baker prepares an Elevator / Escalator Monthly Report with data about elevators andescalators that are out of service, as well as reporting the daily average of failed equipment. The data for the first quarter are shown below.

Table C Availability of Elevators In-Service 1 st Quarter 2002

Month Number of Passenger Elevators SystemwideAvailable to the Public

Number of InspectionsMade By Contractors

AveragePercentage of Elevators In-

Service*Jan 02 101 417 95.10%

Feb 02 101 400 96.11%

Mar 02 101 483 97.29%

* Note: Time out-of-service includes preventive maintenance time, not only time when an elevator isbroken or is undergoing repairs. Therefore, the average in-service will never reach 100%, because that would mean that routine inspections and regular preventive maintenance are not being carried out.

(b) The number of bus lift failures in the field.

STATUS 3/31/02 - ONGOING

Mr. Daniel Shurz provided data shown in the table on the next page.


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Table C Bus Lift Failures 1 st Quarter 2002

Month Number of Bus LiftFailures Reported

Failure Rate

January 02 52 1 failure / 99,581 mi.

February 02 37 1 failure / 139,952 mi.

March 02 50 1 failure / 107,344

(c) The number of operator failures to comply with the ADAs bus stop call out requirementson CTA buses without working audio-visual displays.

(d) The number of failures to timely deploy gap fillers by operators and customer assistants.(e) The number of operator failures to deploy a functional bus lift upon request.(f) The number of unjustified failures to stop for persons in wheelchairs. (Justified failures to

stop includes buses that are out of revenue passenger service (e.g., training buses), busesrunning express with no scheduled stop at the location of the person in a wheelchair, andbuses that are crowded beyond capacity.)

(g) Reported after this section.(h) Reported after this section.(i) The number of operator failures to use external train car speakers to call out train line

identification information when stopped at stations serving multiple train lines going indifferent directions.

STATUS 3/31/02 Items (c), (d), (e), (f), and (i) ONGOING There are two sources of CTA documentation for these data. Performance Control Specialists providemonthly reports on their observations to Mr. Richard Winston, Executive Vice President, Transit

Operations. The subject of the reports is ADA compliance with deploying lifts, securing disabledpassengers aboard bus, elevator inspections, and deploying gap fillers. The reports summarize thenumber of observations made and the number of violations, as well as the total number of elevators foundto be out of service at the time PCS personnel inspected them. Back-up sheets in the PerformanceControl Specialist reports identify the Bus Operators and Customer Assistants involved in the violationsand document the date, time, location, and other pertinent information. Additional pages show whichelevators were inspected on specific dates, and whether in-service or out of service.


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Table E PCS Summary Report of Violations Observed 1 st Quarter 2002

A B C D EMonth # Operators

Failed toSecure

DisabledWheelchair PassengersBoard Their

Bus

# Operators Failedto Deploy Lift for

Wheelchair

Passengers

# Elevators Foundto be Out of

Service

# Customer AssistantsFailed to Deploy Gap

Fillers

Jan 02* 142 1 2 None reported

Feb 02 71 0 1 3

Mar 02 47 0 2 None reported

* Actual reporting period 12/27/01 through 1/31/02.

Another source of data is from the Customer Service Representatives. Ms. Tamara McCollum provided aquarterly report, shown below.

Table F ADA Complaints 1 st Quarter 2002

CLASSIFICATION January February March

ADA Compliance 9 5 4

ADA Paratransit 5

Elevator/Escalator Malfunction 1 5 2

Failing to Announce Stops 1 2

Failure to Assist Disabled Customer 13 5 6Failure to Deploy Gap Fillers 4

Refusal to Deploy Lift/Ramp 4

Failure to Operate Lift/Ramp 1 7 3

Lift/Ramp Malfunction 2 6 4

Missing Handicap Signage 9

No External Announcements 8

Non-Working Lift/Ramp 7

Path of Travel Not Accessible 1

TTY Not Working

No Automated Stop Announcements 4

TOTAL 27 71 20


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25. Training Resources. The CTA shall consider redeployment of its ADA-related training resources,including those of its ADA Compliance Office, taking into account factors such as increasing usage of the CTA rail system by disabled customers.

Status 3/31/02 - ONGOING At this early stage in Settlement Agreement, I have not discussed this issue with CTA management and

training personnel.


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ATTACHMENT ACustomer Service Controller Position Description

POSITION: Customer Service Controller DEPT: Communications/Power ControlI.B.E.W., Local 134 (Safety Sensitive Position)

GRADE: LOCATION: 120 N. Racine, 3 rd Floor

BULLETIN NUMBER: POSITION NUMBER:

REPORTS TO: Manager, Communications/Power Control

PRIMARY DUTIES AND RESPONSIBILITIES:

Liaison between transit issues from the disabled community and the CTA. Facilitatecommunication between disabled riders and customer assistants.

Communicate to CAs when disabled riders are exiting or entering their station.

Provide CTA Customer Service Department with station and travel information for thedisabled community.

Provide dependable and accurate Public Address (PA) announcements and currentelevator status to CTA riding customers.

Regularly update the elevator status line and generate reports on all defective stationPA systems and elevators.

Call elevator inspectors when elevators are defective after-hours and distributeelevator/escalator status reports to specified personnel, including customer assistantsand rail controllers.

Execute PA checks at all rail stations and communicate defects to power control.

Establish a positive working relationship with the Paratransit Department and formulatenew/different ideas to improve customer service.

Create a committee with Transportation Managers-At-Large to develop new ideas toprovide quality service to the disabled customer. Distribute applicable reports toTransportation Managers.

Coordinate paratransit services after regular business hours.


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Assist with customer assistant controller incoming calls overflow.

Input work orders into the MP2 system and communicate with power control to updatedefects and repairs in the MP2 system.

Test TTY phone for incoming and outgoing calls.

Record station defects relating to the Americans with Disabilities Act (ADA).

Respond to customer issues related to gap fillers, elevator/escalator usage, visuallyimpaired signage, etc.

Inventory station gap fillers via communication with Customer Assistants (CA).

Receive, research and record complaints and commendations involving Control Center staff, as well as responding to Authority-related questions and comments from field andoffice personnel. Prepare related reports.

Display public information messages on rail platforms via computer terminal.

Research and respond to ADA inquiries, issues and complaints involving rail and bustransportation.

Regularly meet with the CTA ADA Compliance Officer.

Report any substandard performance encountered.

POSITION PREREQUISITE:

Required submitting and passing a drug and alcohol test as mandated by the FederalTransportation Administration for safety sensitive positions.

Must possess knowledge of the Authoritys organizational structure.

Required to possess knowledge of the bus and rail system transportation functions,

including routes, street or rail patterns, facilities, operating regulations and supervisor rail guides.

Must possess the knowledge and skills necessary to operate a computer terminal toobtain information from associated databases, input paging information and PublicAddress announcements.


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ATTACHMENT B

Carriers Alternate Transportation Guidelines

The following serve as guidelines for Special Service carriers in providing alternatetransportation for CTA mainline customers with disabilities stranded at rail stations withinoperable elevators or buses with inoperable lifts.

1. CTA Control Center will contact Special Services carrier with name and location of strandedcustomer and where customer is to be transported.

2. Carrier is to pick up customer within 60 minutes of notification by Control Center.

3. These are CTA authorized trips, and so the customer need not be certified as eligible for paratransit service in order to receive the ride.

a. Customer is not required to pay a fare and must not be asked. b. Customer does not have to present a ADA Paratransit Identification card in order

to receive a ride and must not be asked.

4. At all times of the day, alternate transportation calls shall go to the Control Center.

5. Carrier delivers trip tickets for the authorized alternate rides to CTA Paratransit Manager,Paratransit Operations within 4 days of the alternate rides.

6. CTA Manager, Paratransit Operations will log trip ticket information into Alternate ServiceLogbook.

7. Separate line item on carrier invoice will reflect reimbursement for alternate rides performed.

cc: D. LampkinsD. Shurz


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ATTACHMENT CRail Stations with TTY

April 17, 2002The following rail stations have at least one TTY installed in the station area:

Loyola station Red lineAddison station Red lineJackson station Red lineGranville station Red line35 th station Red line79 th station Red line95 th station Red lineChicago / State station Red line subwayJackson station Red line subwayUIC / Halsted Congress lineKedzie / Homan station Congress lineForest Park station Congress linePolk station Douglas line18 th station Douglas lineCicero station Douglas lineOHare station OHare lineRiver Road station OHare lineCumberland station OHare lineHarlem station OHare lineJefferson Park station OHare lineLogan Square station OHare line (pay phone missing)Grand / Milwaukee station OHare lineClark and Lake station Dearborn subwayJackson station Dearborn subwayMerchandise Mart station Ravenswood lineWestern station Ravenswood line

Kimball station Ravenswood lineDempster station Yellow lineDavis station Evanston lineClark and Lake station Green / Orange / BrownWashington / Wells station Green / Orange / BrownRoosevelt station Green / Orange lineConservatory station Green lineKing Drive station Green lineCottage Grove station Green lineIndiana station Green lineHalsted station Orange lineAshland station Orange line35 th station Orange line

Western station Orange linePulaski station Orange lineKedzie station Orange lineMidway station Orange line

cc: R. Madrigal, M. Watson, C. Montgomery, C. Arndt


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ATTACHMENT DPerformance Control Specialist Position Description

Posting Date: 04/03/2002

Job Title: Performance Control Specialist

Description:

Come join the 2nd largest transit agency in the United States. At CTA, we provide over 1.5 million ridesper day. We are seeking a dynamic Performance Control Specialist to assist the Security ServicesDepartment.

POSITION SUMMARY:

Conducts covert observation and inspections of operating personnel and all classifications of employeesengaged in the collection and/or processing of revenue. Participates in undercover operations to obtainevidence against persons engaged in illegal activities for presentation to the appropriate authority.

PRIMARY DUTIES AND RESPONSIBILITIES:

Observes and records occurrences which deviate from established policies and procedures relative tofare collection, operating procedures and the conduct of employee and contract personnel. Monitorsemployee activity using various techniques including video surveillance. Prepares necessarydocumentation of observations, occurrences, etc. and submits to appropriate personnel. Maintainsrecords and files of investigative activities for swift retrieval when supplying evidence for litigation's. Maybe required to give oral testimony in civil, criminal, unemployment and arbitration hearings.

POSITION REQUISITES:

Must possess the temperament, disposition and cautious reserve of speech necessary for conductingsurreptitious observation.

Must be knowledgeable of the rules, regulations and operating procedures of those positions which areunder observation.

Must possess the skills necessary to coordinate and monitor the activities of assigned personnel. Musthave a comprehensive knowledge of the functions of various rail and bus operations positions.

Required to carry a pager or other communications equipment.

Required to type at a minimum rate of 20 words per minute.

EDUCATIONAL REQUISITE:

Must possess a combination of education and experience relating to this position and must successfullycomplete a two week formal and two week field training session.

PHYSICAL DEMANDS:

Required to maneuver a wheelchair in all weather conditions.

Required to do considerable walking and climbing of stairs, unless the applicant is confined to awheelchair or other mobility device.


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WORKING CONDITIONS:

Required to work outdoors in prevailing weather conditions.

Required to work any shifts as assigned.

Required to respond to all pages.

a 2002 january-march independent monitor quarterly report

Documents