Question 1: Was there an effort by either Belinda or Dawn to call Hubert by phone to better understand his information request?

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1 Good morning Belinda, Dawn, John and Eric, Thanks for taking the time to review this . I've decided to send one full to all individuals that I will be writing about (Eric, I ll be writing about Mayor Rogero) late this afternoon and wanted to give you guys the opportunity to comment. Belinda, I never got the contact information for Chairwoman Hoyos, so I'm trusting you'll forward these questions below. I do have one request please, since I'm sending questions to five of you in one , in your response or responses please attribute who has written each response to questions. I will note in the story who responded to this and who didn't. If someone refers questions to a spokesperson or document, please make that clear. Background: Hubert Smith and I spoke at length yesterday about an he received from John Lawhorn. In the to Hubert, John writes that he's received "several concerns recently raised by Dawn Distler about actions on your part undertaken in your role as a KTA Commissioner. These coincide with some additional concerns expressed to me about last minute additions to the KTA agenda over the last few months." To be fair, John praised Hubert for his "desire to make public transportation in Knoxville as responsive and customer friendly as it can be;" and he also praised the commissioner's attendance record. The three concerns raised by John were: 1: Directing KAT staff to perform work; 2: inviting KAT employees to be recognized; and 3: last minute agenda additions. 1: Directing KAT staff to perform work: "It is important to keep in mind that the KTA is not a board of directors for KAT, nor does it have any authority to direct KAT staff to do anything on its behalf. KAT staff are employed by K-Trans Management, Inc. and receive direction from Dawn Distler." John does write that it's Dawn and the staff's desire to meet "reasonable information needs" of all KTA members and suggested to Hubert he ask Dawn any future questions that require research. It would be up to her to determine if there is enough resources and time to answer the questions. As an example, John mentions a request Hubert made to you, Belinda. Hubert showed me the request he made to you seeking 12-month ridership data, and your response explaining it would take time to research and pull. I understand. Question 1: Was there an effort by either Belinda or Dawn to call Hubert by phone to better understand his information request? Belinda Woodiel-Brill, KAT marketing director: Yes, I responded to an initial asking for further clarification, as it was unclear in the first if Hubert was referring to just Route 10 data (the route in question) or all routes. [TONY S NOTE: in question is online at Knoxnews.com]

2 I understand that the KTA is not the board of directors for KAT, nor does it have authority to direct KAT staff, but the KTA is responsible for fares and approving route changes, decisions that significantly impact KAT's budget. This month the KTA was in the midst of discussing a potential route change. I believe -- given the third option for the Route-10 discussion was newly presented in the information packet for this month's meeting and also that the board was scheduled to vote on the issue -- Hubert had every right to seek information he felt was needed for his decision before the meeting. I think somewhere in the video of the meeting, he said he received the information packet one week before the meeting. I also think it's important to note that Dawn, at the meeting, explained at length why there was a new third option and how KAT staff came to the provide the option. It should also be noted that John mentioned choosing option 3 would provide an opportunity for more research and public input. I've noticed in the last 12 information packets, commissioners and the public receive broad monthly ridership data, that look like it's pulled from a spreadsheet. I asked Hubert why he didn't just refer to that data and he, in part, said he doesn't keep the electronic copies of the agenda packets because they take up space on his computer. Question 2: Can you provide a time estimate on how long it would have taken to comply with the request KAT thinks Hubert was making? Woodiel-Brill: The work is somewhat intensive and would take a minimum of a day (eight hours) with one person dedicated to that, since it is day-specific, as opposed to a monthly total. The requested data was not needed for a decision to be made at that meeting. This information will be provided as part of a more comprehensive and detailed analysis of Option 3 at the appropriate time to all board members. It's been a year since the city spent $40,000 in taxpayer money for the Gobis report, and I completely understand that Dawn has just started June 1, but the report has been available since November For me this is one of the most important questions for the story, Question 3: Dawn has now been here five months, and I think it's absolutely fair to ask for an update on the city's stance on the recommendations made by the report, including the consolidation of the KTA board with the CAC group. I think the question is even more pertinent given the quote I referenced at that start of No. 1. written by John. At this time, I think it's important to note that Mayor Rogero in February deferred answering questions about the report until the new director was hired. I think it's also important to note that so far the Gobis report has only been used as the basis to fire the former general manager for KAT. I'm not expecting to hear the details of the city's response to each individual recommendation by Gobis, though I certainly welcome them, but I think it's fair to ask specifically when the public will hear the city's response to the remaining recommendations from the report? It would be great to get a response to the recommendation to consolidate KTA and CAC, if you guys have made that decision. Eric Vreeland, Knoxville spokesman: Tony, I d like to clarify a statement you made in framing this question. The Gobis report was NOT used as the basis to fire the former general manager for KAT.

3 The report was a factor in not renewing an extension of a third-party contract. It s an important distinction, as you ll see when you read the Mayor s statement. It s not accurate to state that Cindy McGinnis was fired; in fact, Cindy McGinnis, an employee of Veolia Transportation, was transferred by her company and remains one of its employees. Mayor Madeline Rogero: Our first priority has been to increase accountability and to enhance the relationship between the city and KAT by hiring a GM directly rather than working with a third-party transit consultant. This has proven to be a very good decision. Director of Transit Dawn Distler has become a valuable member of our senior management team and is helping us better incorporate transit into our transportation, development and sustainability decisions. The other organizational recommendations by Gobis are still being evaluated. These are less urgent issues not critical to daily operations and, therefore, we have no specific timeline for a decision. 2: inviting KAT employees to be recognized: I kind of think it's unfortunate part of this issue relates to retirees, and I want to minimize any reference to individual retirees with great lengths of service. I can understand Hubert's desire to praise the drivers he knows from his daily choice to use KAT buses to get around the city. I can also understand John's concern about the potential for internal issues that he simply put could have others ask "why do some employees get recognized by the KTA when they retire and others do not?" I also understand John's concern that Hubert made the choice to first invite a retiree to a meeting before contacting Chairwoman Hoyos about the additional agenda item. Question 4: Can you provide a general estimate of how many retirees there are in a single year? Again, given the short time frame I'm hoping for your responses, I don't need specific numbers, though I welcome them. For example, are we talking 5, a dozen retirees per year on average? Woodiel-Brill: In 2013, there were three employees who retired and thus far in 2014, four. Ms. Distler is currently working on instituting a recognition program, similar to what the City of Knoxville does, for all KAT retirees. As such, KTA and the Mayor and others will certainly be invited to recognize KAT s most valued resource, our employees. Question 5: Should the KTA board consider recognizing all retirees? Woodiel-Brill: One way to think about it is to compare it to City Council, which does not recognize each city employee upon retirement. In the same way, it has not been the past practice of KTA to recognize KAT retirees. [Tony s note: KAT records show K-Trans management employed 255 people as of Aug. 22, The city employs more than 1,500.] 3: last minute agenda additions

4 According to the minutes of the last 12 online KTA minutes, Hubert has made three requests at the start of the meeting: twice to recognize retirees, and once to move a taxi appeal to the start of the meeting because there was barely a quorum, he had to leave early and wanted the appeal to be heard in front of the quorum. Hubert sent s to both Dawn and Chairwoman Hoyos prior to the June and October meetings requesting to place the retiree recognitions on the agenda. He ed Dawn and Chairwoman Hoyos one day prior to the June meeting, and he ed all KTA board members three full days prior to the October meeting. Question 6: Who determines the agenda? I can obviously assume Chairwoman Hoyos, but does Dawn play a role in the decision too? John Lawhorn, KTA attorney: The format of the KTA agenda is prescribed by the KTA By-laws. The Bylaws set out the basic order of business you see for every KTA meeting (i.e. approval of minutes, report of the Director of Transportation, report of committees, new business and old business). What items are discussed within those various headings is ultimately determined by the KTA Chair, but with input from KAT staff since KAT staff usually are involved in most proposals for route/fare changes requiring KTA consideration. Question 7: Was there a response to Hubert's s requesting the additional agenda items? If not, why was he ignored with a request prior to the June and October meetings? Woodiel-Brill: Ms. Distler has looked for, cannot find nor recalls receiving s for an agenda change from Mr. Smith. In addition, it is not within Dawn s purview to respond to agenda changes. The majority of Ms. Distler s interactions with the board are in person or via phone, in particular for items related to routing, scheduling and fares. For example, Commissioner Eberle phoned Ms. Distler with questions related to Route 10 prior to the most recent meeting. As another example, Ms. Distler met with Mr. Smith on June 26 th - the morning of a board meeting -when he expressed concern about a route that was to be voted on a few hours later. KAT is not aware if the KTA Chair received s from Mr. Smith and if so, if the Chair responded. Lawhorn: You sent me s from Mr. Smith to Chair Hoyos dated October 20, 2014 and June 25, In each of those, Mr. Smith announces that he invited former or current KAT employees to attend the upcoming KTA meeting to be recognized by the KTA. The June 25 was sent the day immediately before the KTA meeting scheduled for June 26, The October 20, was sent the Monday before the regular KTA meeting scheduled for Thursday that same week (October 23). In each of those instances, Mr. Smith s request was made after the agenda for the upcoming meeting had already been prepared and published to all KTA Commissioners. I do not have record of the exact date the KTA meeting packet was sent out prior to the June meeting, but I am certain it was more than one day prior to the meeting (it is usually sent out in the latter part of the preceding week). I do know that the KTA meeting packet for the October meeting was ed by the KTA Recording Secretary on Friday, October 17, or three days before Mr. Smith s request to make an addition to the KTA agenda. KTA s legal counsel has consistently advised Ms. Hoyos and her predecessors that when requests are made to

5 add items to the agenda after publication of the agenda in the meeting packet, that request should await a motion, second and affirmative vote of a majority of the KTA members at the meeting. Mr. Smith s requests were not ignored. They were simply made at a time when no action could be taken on them until the meeting itself via a motion to amend the agenda. He made such a motion on both occasions and both motions were seconded and approved. Question 8: Those are all the questions I have, but I want to give each of you the opportunity to say anything else or point out anything I may have missed. It's 8:40 a.m. and my deadline for this story is this evening. I don't think any of my questions require any significant research. I'm just asking for your stances and opinions or basic general facts. Feel free to give me a call if a conversation would be easier and quicker than writing out a response given your schedule today. Lawhorn on the Orientation Process after asked by phone if it or any kind of board training existed: There is no formal orientation process for new KTA Commissioners. I understand that in the past, KAT management staff provided new KTA commissioners with basic information, which may have included some documentation addressing the KTA function and KAT s services. There have been times when as a result of a substantial amount of member turnover in a short period of time, the KTA Chair recommended a work shop for members to receive a more structured presentation of their role in transit and other transportation services offered in the City. No new members have come on the KTA since Ms. Distler assumed her role of Director of Transit for the City, although I understand we have a new appointee coming aboard hopefully at the next meeting. I understand from Ms. Distler that she has discussed a similar orientation meeting to take place in the near future. Thanks for your time and I hope to get a response from you today. Best wishes, Tony Hernandez Reporter Knoxville News Sentinel 2332 News Sentinel Dr. Knoxville, TN 39721

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