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Extraído del Informe Consolidado
Esta investigación fue publicada originalmente como parte de un informe consolidado más amplio que contiene múltiples investigaciones. Consulte el PDF consolidado para ver el documento completo.
San Francisco County Grand Jury
• 2005-2006
that the new classes of paramedics and EMTs established by the Reconfiguration will be uniformed members of the
⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 3 findings
F1
Page 102
The Municipal Railway Will Not Meet On-Time Performance and Service Delivery Goals
F2
Page 111
Muni’s Light-Duty and Battery Pay Plans, and Workers’ Compensation Benefits Are Being Abused
F3
Page 126
The Municipal Railway Needs to Improve Its Training and Safety Programs
Recommendations 11
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R1aPage 105Prepare Detailed Plans to Meet Performance Goals MUNI management should prepare detailed plans to attain the on-time performance of 85% and service delivery of 98.5% mandated by Proposition E. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. The on time performance goal of 85% is not being met, however, Muni has made significant progress in this area. On time performance has gone from 48% in 1999 to 71.5% today. Steps are being taken to improve on-time performance, including: • New technology initiatives (e.g. Nextbus) • Street Management initiatives • Further Muni/DPT coordination efforts • Schedule review to determine feasibility of current schedules For the quarter ending March 31, 2004, service delivery (employee and vehicle availability) was at 98.13%, which is .37 of 1% less than the mandated goal of 98.5%. The missing .37 of 1 percent represents 4 missed runs out of 1254 runs per weekday 843 and 788 runs on Saturday and Sunday. New technology initiatives should make this goal achievable. While an on-time performance of 85% may not be achievable, it should be noted that an independent audit concluded that Muni is making excellent progress toward the achievement of Proposition E goals. Reference: FY2003 Third Quarter Service Standards and Proposition E Municipal Transportation Quality Review Final Report Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency June 30, 2005 During Fiscal Year 2005 MUNI’s System Wide Schedule Adherence or On Time Performance (OTP) continued in the 70% range, which is short of the Proposition E required goal of 85%. For the first three quarters of FY 05 OTP was 70.9%, 72.8% and 69.6% respectively. In FY 05 MUNI’s efforts to improve OTP were significantly limited by budget constraints. MUNI Management remains committed to improving On Time Performance. Efforts currently underway to accomplish this are: 1) Developing and publishing new schedules which better match the budgeted number of operators with the number of runs being scheduled; 2) Increasing the utilization of GPS Technology to better monitor, control and coordinate service on the street and in the subway; 3) Filling street supervisory vacancies; and 4) Continue cooperative efforts between Management, Supervisors and Union Officials.
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R1bPage 106Adopt Proactive and Highly Visible Leadership Roles The Executive Director of MTA, the General Manager of MUNI, and other senior management personnel should adopt proactive and highly visible leadership roles, establish accountability at all levels of management, ensure that all policies are enforced, and inform all employees of policies and the consequences of failing to adhere to them. In order to enhance morale and job satisfaction, the administration should encourage open communication between workers and management. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Below are examples of how this has already been implemented: • Yearly employee surveys • Annual establishment of MTA-wide and division goals for senior managers • Monthly letters from the Executive Director attached to each employees paycheck encouraging open communication. • Posters placed at all work locations about MTA-wide goals, Muni’s Mission, Vision and Values Statement and congratulating employees on strong rider survey results. • Monthly, Quarterly and Annual Employee Recognition Program at all operating divisions • Monthly Special Recognition Award Program at MTA Board meetings • Annual Safe Driver Award Program • Executive Director and GM regularly visit all divisions (most recently to discuss the current FY budget) • Establishment of an “intraweb” for the dissemination of information to employees. • Provide a wide variety of training programs including: new operator training, accident retraining, refresher courses, passenger relations and conflict training, Violence in the Workplace, Maintenance Training (including new revenue vehicle training), Ambassador Training, Supervisory Skills Training, Management Skills Training, Theories of Discrimination and the ADA, Preventing and Responding to Workplace Harassment, Preventing Violence in the Transit Workplace, Valuing and Managing Workplace Diversity, Rapport Building, Prohibited Employment Practices Under the Immigration Reform Control Act of 1986, Equal Employment Opportunity Programs After Prop 209 and New Employee Orientation to MUNI's EEO Programs and Services. • Annual Retiree lunch • Personal Bereavement letters sent to the family of employees who have passed. • Bulletins issued to Muni Operations Professionals to inform them about safety regulations, “sign-ups”, special event route changes and compliance with traffic laws. • Biannual MTA Senior Management meetings to discuss plans to achieve MTA-wide goals; provide status updates on significant initiatives and projects; engage in team building exercises; and discuss how to improve communication within the organization. In 2000 and 2001, Muni partnered with TWU, Local 250-A in hosting a Muni-wide “Family Day and Health Fair”. Muni also published monthly newsletters for all employees that highlighted internal activities and accomplishments. Due to budgetary constraints, these activities have been temporarily halted. Over the past four years, Muni has been involved in a cultural change initiative designed to improve customer service, enhance communications, improve labor-management relations, and 99 strengthen the overall quality and character of management throughout the organization. A key element of this initiative was the crafting and distribution of a new Mission Statement in 2002. This Mission Statement represents the collective input of over 1,500 employees who directly participated in a series of 23 “interactive” workshops around the organization, and reflects a broad consensus of employee ideas and opinions about Muni’s’ mission, vision and values. This “mission” initiative continues today and is coordinated by a joint union-management committee - the Mission Action Center (MAC). MAC’s primary goal is to develop, promote, and coordinate implementation of programs that encourage a common understanding of Muni’s mission, and to ensure the daily practice of the values embodied in the Mission Statement. MAC looks for ways to empower employees in living our mission daily, and works directly with division managers, unions and employees in identifying current practices inconsistent with “living-the-mission,” and uses collaborative efforts to find solutions to these roadblocks. The General Manager, along with the Assistant General Managers for Human Resources and Transportation and the Division Superintendents formally meet once a month with the Executive Officers of Local 250A and Chairperson of all seven of MUNI's operating divisions. The meetings usually last two to three hours. They are not grievance handling meetings but cover topics of concern to any participant. Issues such as operator comfort, uniforms, operator performance, safety, system performance and others are routinely discussed. These meetings have consistently occurred for the past 18 months. The General Manager holds a monthly Communication Meeting with 40 to 60 mid level managers. The expressed purpose of these meetings is networking among various departments in MUNI operations. Guest speakers are usually featured and have ranged from the FTA Administrator, to Southwest Airlines Customer Service Representatives. An ongoing emphasis of the meetings is emergency preparedness. In addition to meetings and site visits within the organization, the Executive Director of Transportation and senior staff participate in community meetings in all San Francisco neighborhoods, regularly attends meetings of and represents Muni’s interests to the Board of Supervisors and Transportation Authority. The Executive Director and senior management serve in a leadership capacity in a number of regional forums including serving with the Metropolitan Transportation Commission’s Partnership Board; Chairman of a regional subcommittee to implement Translink; serving on the CalTrain Joint Powers Board and the Transbay Terminal Joint Powers Board. At the regional and State level meetings include the Bay Area Air Quality Management District and California Air Resources Board, serving on the California Transit Association Executive Committee. At the federal level, the Executive Director serves on the ENO Transportation Foundation Board and, along with the Chairman of the MTA Board of Directors, also serves on the American Public Transportation Association Board of Directors. Reference: Mission, Vision, Values Statement, MTA Goals, paycheck letters, Operator Bulletins, Employee Surveys.
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R1cPage 108Compare the Costs and Benefits of Its Light-Duty and Battery-Pay Plans and Workers’ Compensation Benefits to Other Agencies Management should determine where MUNI ranks, vis-a-vis other agencies, in terms of the cost/benefits of its light-duty and battery-pay plans and workers' compensation benefits. Responses Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Not Yet Implemented. It will be complete by December 2004. Muni management is currently looking at how Muni compares to similar transit properties in the country. It should be noted that Muni is composed of five modes, and should be compared to another multi modal transit property. Preliminary information indicates that Muni compares favorably with the only other large multi- modal transit property subject to the same worker’s compensation laws as Muni. Muni management will continue to review, refine and use the best practices used at other transit properties to further strengthen Muni’s worker’s compensation and light duty program. Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency June 30, 2005 San Francisco MTA’s Workers’ Compensation costs; battery and assault pay and light duty programs are comparable to those of similar transit agencies. We continue to monitor both the light duty and battery/assault pay issues on a quarterly and annual basis.
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R1dPage 109Ensure That Its Training and Accident Prevention Programs are Consistent With Industry Standards Management should ensure that MUNI’s training and accident prevention programs are consistent with current industry standards. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni's new operator training program is based on the Federal Transit Administration's Bus Operator Training program and the our accident prevention training is based on the Smith System's Five Keys To Space Cushion Driving which is the recognized industry standard in both the transit and trucking industries.
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R1ePage 110Consider Employee Comments and Recommendations Management should consider employee comments and recommendations at all levels. Such action can lead to improved working conditions and morale and, ultimately, to improved service. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni has actively sought input from every employee and considers all comments and recommendations. Not all suggestions can be implemented for a variety of reasons including budget, labor agreements or other physical constraints. In the monthly letter sent to all employees, Muni asks for and encourages employee input. The MTA will continue to work to improve communications with employees. Reference: Paycheck Letters 102
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R2aPage 122Determine and Control the Cost of Its Benefits Plans and Prevent Abuses Management should determine and control the cost of its benefit plans and act to prevent abuses. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni is controlling the costs of benefit plans and is actively routing out and eliminating abuse. The Municipal Railway is part of the City and County of San Francisco and strictly adheres to its established policies and procedures. The three benefit plans mentioned in the Grand Jury report: Battery Pay, Transitional Work and Workers' Compensation, each have specific components for preventing abuse. All claims for battery pay are investigated by a full-time staff investigator who reviews the incident report and the video tape on-board the vehicle, interviews witnesses, takes a recorded statements from battery pay applicants, reviews all medical evidence and reviews the appropriate City and County laws prior to accepting or denying a claim. As mentioned in section 2.5, there are currently 4 employees who are receiving battery pay at this time A Transitional Work Program Coordinator as well as supervisors and superintendents to whom transitional work employees are assigned monitors the work performed. Workers’ Compensation staff conducts random spot checks. In the event that an abuse of the program is validated, the appropriate steps are taken that may include docked pay, counseling or re-assignment. Benefit rates and increases for the Workers' Compensation program are set by the State of California. Muni’s role is to monitor acceptance and denial of claims, ensure appropriate benefit distribution and insure contract compliance by our Third Party Administrator (TPA). All claims for Workers' Compensation are investigated to determine the validity of the claim. Once the validity has been established, the TPA is contractually required to review each claim every 14, 30, 60 and 90 days, depending on the type of benefit paid or the seriousness of the claim. Workers' Compensation staff reviews claims-related issues with the TPA on a daily basis. Muni investigates allegations of fraud or abuse in cooperation with other city or regional agencies such as the San Francisco Police Department, BART, and the District Attorney. Muni also has a telephone “tip hotline” to encourage the reporting of any abuse.
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R2bPage 123Base Pay for the Light-Duty Plan on Hours Actually Worked Management should consider basing pay under the light-duty plan on hours actually worked. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni employees in the Transitional Work Program are paid based on hours worked. In 1996, pursuant to Proposition J, the Budget Analyst performed a full management audit of the Public Transportation Department. One of his recommendations was to “discontinue the practice of paying overtime to Special Duty Operators in MUNI Headquarters, for time not actually worked”. A review of the Action Plan prepared by Muni in response to the Audit shows that a policy was established in September 1996, and continues today, that Operators in the Transitional Work Program would be paid on an hourly basis and that staff would monitor compliance with this policy on an ongoing basis. 115 (In 1996, the terms “Special Duty” and “Light Duty” were used interchangeably. Today, the program is called the Transitional Work Program.)
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R2cPage 124Ensure Employees Are Eligible for Light-Duty and That They Actually Perform Assigned Tasks. Management must establish controls to ensure that those employees assigned to light-duty are eligible under the conditions of the plan and are actually performing their assigned tasks. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. A physician must diagnose all industrially injured employees in writing, before they are eligible for transitional work. A Transitional Work Program Coordinator as well as the supervisors and superintendents to whom transitional work employees are assigned monitors the work performed. In addition, Workers’ Compensation staff conducts random spot checks. Employees assigned to the Transitional Work program are performing their assigned tasks.
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R2dPage 124Managers Should Be Responsible for Employees’ Performance of Light-Duty Assignments. The managers of the departments to which light-duty personnel are assigned should be responsible for their presence and performance. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni agrees with this recommendation and is confident that all transitional work employees are under supervisory control. A Transitional Work Program Coordinator as well as the supervisors 116 and superintendents to whom transitional work employees are assigned monitors the work performed. Worker’s Compensation staff also performs random checks.
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R2ePage 125The Controller and Budget Analyst Should Audit the Light-Duty and Battery Pay Plans and the Workers’ Compensation Benefit Program. The Office of the Controller and the Budget Analyst's Office should conduct independent audits of the light-duty and battery pay plans and workers’ compensation benefit programs to determine the actual costs of the plans and benefits and the feasibility of determining ways to reduce the overall costs of those programs. Responses Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Not yet Implemented The MTA welcomes audits by any agency. Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency June 30, 2005 We continue to welcome audits by any agency. Ed Harrington Controller Office of the Controller July 29, 2005 The recommendation has not yet been implemented, but will be implemented in the City Services Auditor Division’s audit plan for fiscal year 2005-06. The City Services Auditor Division will work with Muni to determine the priority for conducting audits of the light-duty and battery pay plans and workers’ compensation benefit programs. 117
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R2fPage 126Examine Plans to Ensure They Do Not Duplicate Benefits. Compensatory plans should be examined to ensure that, although they may provide similar assistance, they do not duplicate the benefits. Response Cleopatra Vaughns Chair Board of Directors Municipal Transportation Agency Michael T. Burns Executive Director of Transportation Municipal Transportation Agency August 25, 2004 Implemented. Muni has examined their plans and we are not aware of any compensatory plans that duplicate benefits to injured employees. Some employees may have obtained individual long-term or short- term disability policies that may be used to supplement Workers’ Compensation benefits. Those plans are entirely outside of Muni’s control.
Conclusions 6
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CL1 Page 93As noted in the original Response, since its inception in 1996, the merger has accomplished a substantial and dramatic improvement in the quality of emergency medical services. The Department is continuing to enhance its provision of emergency medical services through continuous quality improvement and implementation of the EMS Reconfiguration, with monitoring and oversight by the Fire Commission. Adopted at the Regular Meeting of the San Francisco Fire Commission on July 14, 2005. Joanne Hayes-White Chief of Department Fire Department August 1, 2005 On behalf of the San Francisco Fire Department, I am submitting the current status of the implementation of the recommendations of the 2003-2004 San Francisco Civil Grand Jury report. Most of us are all too aware that the Fire Department has faced a number of challenges in the last 18 months. In spite of the current landscape, the Department has made significant progress in almost every area identified by the Grand Jury. Zealous media scrutiny, highly publicized medical and fire incidents, and the worst fiscal climate in San Francisco’s recent history serve to make our progress all the more significant. While swift and dramatic change is never easy on an organization or the people in it, the men and women of the San Francisco Fire Department have continued to serve this City with unwavering professionalism and dedication. I am proud to serve with each and every member of this Department; they are our Department’s greatest asset. It is therefore, with great respect and pride that I submit to you the current status of the implementation of the recommendations of the 2003-2004 San Francisco Civil Grand Jury report. 85
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CL2 Page 94TERMS Ambulance - A vehicle equipped to assess, treat and transport medical patients. Also known as Medic Units, they carry some firefighting equipment to provide medical and rescue support. The SFFD has 19 such units that are staffed by one firefighter/paramedic and one firefighter/EMT . The SFFD also staffs one or two ambulances per day with two paramedics. These ambulances provide ALS treatment and medical transport and carry less fire suppression equipment than Medic Units. BLS - Basic Life Support. Persons trained in BLS can provide Cardio-Pulmonary Resuscitation (CPR), basic first aid and patient transport, and can use an external defibrillator DPH - Department of Public Health. EMS - Emergency Medical Services. EMT - Emergency Medical Technician. A person trained and certified in BLS. SFFD requires that all new firefighters must have EMT-licensure. Currently, 74% of SFFD firefighters are EMT -1 certified. Emergency Medical Response Times -The San Francisco Emergency Medical Services Agency of the DPH has performance standards governing the maximum allowable elapsed time, from call to arrival of the first responder to medical emergencies. The SFFD responds to two types of calls, Code 2 and Code 3. Code 2 calls are non-life threatening; Code 3 calls are tbose that are life threatening. The SFFD measures 3 responses to Code 3 calls: - Responders capable of performing BLS and defibrillation. Response time is 5 minutes. - Responders capable of performing ALS. Response time is 10 minutes. - Responders capable of patient transport. Response time is 12 minutes. Engine -A fire suppression apparatus staffed by an officer and three firefighters and equipped with a pump, hose and a water supply. Each of the 42 fire stations in San Francisco has an engine. Firefighter -A member trained in fire suppression. Firefighter-EMT -A member trained in fire suppression and BLS. Firefighter-Paramedic -A member trained in fire suppression who is also a licensed paramedic capable of delivering ALS emergency medical care as well as BLS. Heavy Rescue Squad -Staffed by an officer, a driver (firefighter) and two firefighter EMTs, the Department's two rescue squads are first responders on medical calls. The Rescue Trucks are specially equipped with infrared camera, Jaws of Life and scuba gear, as well as medical equipment and defibrillators. Rescue squad members are trained in scuba, surf, hazardous materials, cliff, tunnel and confined space rescue. Like Work Like Pay -A short-term acting officer assignment, usually for a day at a time. The pay is at the higher rate for time worked only. Medic Unit -A staff of either two firefighter/paramedics or one firefighter/paramedic and one firefighter- 86
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CL3 Page 95TERMS (continued) EMT: medic units provide ALS treatment and transport of ALS and BLS patients suffering in medical emergencies. Medic units also carry firefighting equipment and can provide medical and rescue support at fires and other emergencies. The SFFD has 19 such units. The term “ambulance” is used in this report to mean Medic Unit. Member- Officers and other personnel of the SFFD. MOU -Memorandum of Understanding between the City and County of San Francisco and San Francisco Firefighters Union, Loca1798, IAFF, AFL -CIO. Provisional Officer -A temporary officer who is a st ep closer to permanent status than an Acting Officer. The member is appointed by the Chief for u p to 3 years or more with approval of the Human Resources Director. A physical examination is required for a provisional officer appointment. Provisional officers are paid at the hig her level when on duty and on vacation or sick leave. A provisional officer who retires will receive retirement benefits based on the higher salary. Truck -Called “hook and ladder” by laymen, trucks are staffed with an officer (lieutenant or captain), one driver firefighter, one tiller firefighter, one firefighter-EMT and one firefighter. Trucks carry ladders and other equipment and are used to provide ladder access, rescue and ventilation. Technical definitions derived from SFFD data and the City and County of San Francisco Office of the Controller's report, “A Review of the San Francisco Fire-EMS System, April 28, 2004. 87
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CL4 Page 96Civil Grand Jury Recommendations Fire Department of Civil Service Health Fire Chief and Department Reponses Commission Public Health Commission Commission SFFD and DPH should establish specific Disagree in criteria for measuring the success of the Part. As of merger. They should determine the 6/05, Portions 1a steps necessary to complete the merger. Agree of the Agree Agree Steps to be taken and the establishment recommendati of timelines should be delineated and ons have been agreed upon as soon as possible. implemented. Once criteria and timelines are established, the Chief and the Fire Disagree. See 1b Agree Agree Agree Commission should be held accountable Note 1a. by the Mayor for achieving them. The Mayor should appoint a health professional, preferably one with Not Not 1c Implemented Not Applicable Emergency Medical Services Applicable Applicable experience, to the Fire Commission. The Fire and Health Commissions 1d should meet jointly at least quarterly for Disagrees Not Applicable Agree Agree better oversight of SFFD EMS. Department leadership should define and communicate the values of the department so that EMS IS seen to be at least as important as fire suppression, as stated in the SFFD's mission Agree/ Agree/ Not Not 1e statement. The Fire Commission, the Implemented Implemented Applicable Applicable Chief and Department leadership should promote and support EMS by communicating the value of its mission throughout the Department. Given that most alarms are false and those that are not are medical in nature, Not Not 1f Implemented Disagree SFFD should respond with appropriate Applicable Applicable staff and equipment. Department leadership should confront the commonly held perception that Local 2 Disagree 798, rather than the Chief, is "running the department." Resource allocation and staffing should 3a reflect the Department's change in Agree Disagree workload from fire suppression to EMS. The Mayor, Board of Supervisors and the Fire Commission should direct and 3b support the Chief in making resource Agree Agree allocation changes that properly support the EMS mission. 88
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CL5 Page 100This page intentionally left blank. 92
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CL6 Page 101CHAPTER 2 ON-TIME PERFORMANCE AND SERVICE GOALS REMAIN A FICTION: MUNI'S MISMANAGEMENT AND WORKER PROBLEM