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

Re: Committee Recommendation

Dear Speaker Won Pat:

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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

July 31, 2008

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

CHAIRMAN COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

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

Committee Member

Senator Frank T. Ishizaki, Chairman

Senator Frank Blas, Jr., Member

Vice Speaker Eddie Calvo, Member

Senator Jim V. Espaldon, Member

Speaker Mark Forbes, Member

Senator Judith P. Guthertz, Member

Senator Jesse A. Lujan, Member

Senator Tina Muna-Barnes, Member

Senator Adolpho ll. Palacios, c-z Member

Senator Rory Respicio, Member

Speaker Judith T. Won Pat, Member

TO

Signature TO PASS NOTTO REPORT

PASS OUT ONLY

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155 Hesler Street, Hagatna, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishi::aki(l[ite.net

www. ti·ankishizaki. com

PLACE IN ABSTAIN INACTIVE

FILE

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 · ishi~aki@ite.net

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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 announcement on the 141

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 zero­emission 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

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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

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§ 6101. § 6102. § 6103. § 6104. § 6105.

§ 6101.

Article 1. General Provisions. Title. Creation. Definitions. Purposes. Powers.

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.

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§ 6103. Definitions.

As used in this Chapter, unless otherwise indicated:

(a) Authority means the Guam Mass Transit Authority.

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

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4 § 6104.

(c) Director means a member of the Board.

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

supervise the administration of the Authority.

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.

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§ 6105. Powers.

The Authority may:

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

improve operate and maintain facilities for the purpose of

carrying out its mandate.

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

accordance with the provisions and subject to the limitations of

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

any real and personal property necessary, convenient or useful

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

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

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

permits and to execute all instruments necessary or convenient

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in the exercise of its powers, including without limitation, the

purchase of liability and casualty insurance for Authority

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

name.

(d) 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.

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

carrying commercial advertisement on or around Authority

property.

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

Authority and such 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.

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

Administrative Adjudication Law, as may be necessary for the

exercise of powers and performance of the duties conferred or

imposed upon the Authority or the Board.

(h) Do any and all things necessary to exercise the above powers.

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(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.

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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

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chairman and vice-chairman from among its members. It shall

employ a secretary who shall maintain all records and minutes of

the Board.

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

($100.00) for his 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 his responsibilities, including authorized attendance at

meetings held away from Guam.

§ 6202.

(a)

Executive Manager

The Board shall appoint an Executive Manager, who shall be its

chief executive officer. The Executive Manager shall serve at the

pleasure of the Board, which shall fix his compensation.

(b) The powers of the Executive Manager include:

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

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

Board and to submit reports on the affairs of the Authority

as required by the Board.

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

and to approve demands for payment of obligations within

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the purposes and amounts authorized by the Board.

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

select and appoint the employees of the Authority, except as

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

coordinate and control the services of such employees in the

exercise of the powers of the Authority under the general

direction of the Board.

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

may require.

1 o § 6203. Personnel

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

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regulations governing the selection, promotion, performance

evaluation, demotion, suspension, dismissal and other

disciplinary action for employees of the Authority.

(b) The Executive 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) Each employee of the Authority shall be eligible to become a

member of the Government of Guam Retirement Fund pursuant

to 4 GCA §8105(d).

( d) Each employee of the Authority shall be eligible to participate in

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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

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made from said Guam Mass Transit Authority Fund.

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

concerning the administration of the affairs of the Authority. It

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

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

Governor or the Legislature, shall present special reports within

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

financial information presented in such reports shall be in

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

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the Authority 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.

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

Authority 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 amount of the policy shall

be presented to the Executive Manager of the Authority, who shall

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present the same to the insurance carrier, carriers or to their

designated agents for processing.

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

the Executive Manager of the Authority shall also present a copy

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

claim as between the Government and the insurance carriers, and

who shall represent the Government in the event of a dispute

between the Government and the insurance carriers. In the event

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

interests of the Authority.

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

interest shall contain a clause waiving any defense of sovereign

immunity which may be raised against the payment of the claim

by carrier.

(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

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(b)

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. 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.

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 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

2

3

4

personal, connected with the administration of, or held for the

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

Mass Transit Authority.

(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

Twenty-Ninth Guam Legislature

Chairman, Committee on General

Governmental Operations and Reorganization

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:::aki@ite.net

w1fl1'.fi·anA.-ishi::aki. com

May 22, 2008

AGENDA 9:00am- I :OOpm

• 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 re­establishing the Guam Mass Transit Authority

Testimonies can be submitted in advance to the Office of Senator Frank 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.

###

I Mina' Bente Nuehi Na Liheslat11ran G11ahan 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

I Page _1_1

of _L I

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 re­establishing the Guam Mass Transit Authority (Ishizaki, Palacios)

NAME AGENCY/ MAILING ADDRESS

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I 55 Hesler Street. Hag!itiia. Guam 969 IO Tel: 475-384J/2 ·Fax: 475-3844 · ishi::aki@ite.ne/ · wwwjiw1kishi::.aki.com

1 Mzna, J3ente Nttebz Na LzfJesfatttran Gud/Jan

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

I Page~of_L_ I

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 re­establishing the Guam Mass Transit Authority (lshizaki, Palacios)

~ -NAME AGENCY/

MAILING ADDRESS CONTACT vo~WRITTEN ~{AGAINST

(Please Print) ORGANIZATION --r NUMBER I'.. IMONY EASURE

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155 Hesler Street, Hagatiia, Guam 96910 Tel.' 475-384112 ·Fax.· 475-3844 · ishi::aki@ite.net · www.frankishi::aki.com

Sahara J Defensor

From: Mark Martinez [markpaps@hotmail.com]

Sent: Wednesday, May 21, 2008 1 :56 PM

To: testimony@frankishizaki.com

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"

Get news, entertainment and everything you care about at Live.com. Check it out!

5/21/2008

Guam Center for Excellence in Deve lopmental Disabilities Educati on. Researc h. and Service University of Guam • Un ibersedat G11aha11 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) E-mail : heidisan(a •uo!!9.uog.edu •Website: www. uoz.edu1cedders

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

Hafa Adai Senator Ishizaki,

May 23, 2008

CellBI' hlr fJl:celltllee II ~ DISUlltltt EdKatt., Resul'cil, llltl StrriCI

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

GMTA Law Combined Version

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

Bill No. __ 203_ (EC)

Introduced by: Frank T. Ishizaki

May 13. 2008

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.

Page 1 of27

May 13, 2008 GMTA Law Combined Version

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:

Article 1. Article 2. Article 3.

"Chapter 6. Guam Mass Transit Authority

General Provisions. Governance. Accessibility of Transportation Services.

Page 2 of27

§ 6101. § 6102. § 6103. § 6104. § 6105.

§ 6101.

Title. Creation. Definitions.

GMTA Law Combined Version

Article 1. General Provisions.

Philosophy and purpose. Powers.

Title.

May 13, 2008

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.

Page 3 of27

May 13, .2008 GMT A Law Combined Version

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.

Page 4 of27

May J 3_ 2008 GMTA Law Combined Version

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

Page 5 of27

May 13. 2008 GMT A Law Combined Version

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.

Page 6 of27

May 13. 2008 GMT A Law Combined Version

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

Page 7 of27

May 13. 2008 GMTA Law Combined Version

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.

Page 8 of27

May 13, 2008 GMT A Law Combined Version

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

Page 10 of27

May 13, 2008 GMT A Law Combined Version

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.

Page 11 of27

!\fay 13, 2008 GMTA Law Combined Version

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.

§ 6201. § 6202. § 6203. § 6204. § 6205. § 6206. § 62107.

Article 2. Governance

Board of Directors. General Manager. Personnel. Procurement. Finance. Limited Liability Consolidation of Government of Guam Transportation Services.

Page 12 of27

May 13. 2008 GMT A Law Combined Version

§ 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.

Page 13 of27

May 13, 20U8 GMTA Law Combined Version

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

Page 14 of27

\fay 13' .2008 GMT A Law Combined Version

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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May 13. 2008 GMT A Law Combined Version

( 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,

Page 16 of27

§ 6203.

a.

May 13, 2008 GMTA Law Combined Version

(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.

Personnel.

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 §

Page 17 of27

May 13. 2003 GMTA Law Combined Version

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

Page 18 of27

May 13. 2008 GMTA Law Combined Version

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.

Page 19 of27

May 13, 2008 GMTA Law Combined Version

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 GMT A 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.

Page 20 of27

May 13. 2008 GMTA Law Combined Version

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.

1)

Limited Liability

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

Page 22 of27

May l 3. 2008 GMTA Law Combined Version

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

Page 24 of27

May 13. 2008 GMTA Law Combined Version

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 GMT A?

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.

Page 25 of27

\fay 13, 2008 GMT A law Combined Version

(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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I\fay 13. 2008 GJ\1TA Law Combined Version

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 FT A Office of J. Manibusan Continued DOA Response to Request further 8,2005 Civil Rights complaint info August FT A 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 T opic/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