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An investigation by The Oregonian shows that some TriMet bus drivers falling asleep on the job, possibly in connection with working as many as 22 hours in a 24-hour period. A national expert says the pattern could lead to a tragic accident. TriMet's new budget includes $1 million to deal with the problem.

(Jamie Francis/The Oregonian.)

TriMet's board of directors unanimously approved a new $485 million operating budget on Wednesday, dedicating funds to, among other things, buying new buses, hiring drivers to comply with new work rules and relocating portable restrooms.

The budget for the fiscal year starting July 1 also offers a bright light for riders still smarting from last year's historic fare increases and service cuts: A ticket to ride is expected to stay the same, while TriMet will partially restore schedules that were slashed on 18 bus lines.

One of the biggest controversies surrounding the budget adopted last year didn't surface until two months ago, when The Oregonian discovered that General Manager Neil McFarlane had quietly handed out raises to management and other non-union employees from a contingency fund.

Once again, the new budget doesn't include a specific line item showing whether those employees will receive bigger paychecks. What's more, TriMet officials said any future raises "may or not be" come from a $14.5 million contingency pot.

But this time, "there will be a public process," said JC Vannatta, director of TriMet communications and corporate outreach. "We are committed to that."

After dealing with $56 million in budget shortfalls since 2008, McFarlane said the new budget focuses on reinvesting safety, service and the vehicle fleet "to ensure long-term reliability, safety and comfort"

However, the agency's contract with union employees remains unsettled. If Amalgamated Transit Union 757 wins its appeal of a contract imposed by an arbitrator last summer, the agency will need to revise the budget, the agency said.

The fiscal year 2014 budget does not address nearly $1 billion in unfunded retirement benefits. Nor does it offer a Plan B if the ATU 757 wins an appeal of last year's binding arbitration ruling requiring it to pay 10 percent of health care costs.

The state Employment Relations Board says a decision of the appeal will ultimately be made by the State Court of Appeals, which is expected to issue a ruling any day.

Under the shadow of runaway health-care costs for union workers and the unfunded retirement benefits, McFarlane told the board earlier this year that Oregon's largest transit agency has just delayed a "service crisis."

Without further concessions by the ATU on how much members pay into their health plans, TriMet will be forced to once again start eliminating routes and raising fares in 2016, McFarlane has said.

TriMet says holding off on fare increases this year will also result in a loss of $2 million in revenue.

Included in the budget is $1 million to hire 11 operators to comply with a new hours of service policy in the wake of an investigation by The Oregonian showing several drivers were working up to 22 hours in a 24-hour period to fill vacant shifts and boost overtime.

TriMet says it plans to spend $2.1 million on partially restoring 18 bus lines slashed during the past few years in order "to address schedule reliability and rush hour overcrowding." The lines include the No. 4, 12, 20, 33, 38, 44, 45, 47, 48, 94, 6, 9, 21, 10, 14, 62, 36 and 37 but has yet to release details.

About 54 percent of TriMet's operating budget is funded by payroll taxes, with 23 percent coming from fares, 17 percent from federal grants and 6 percent from various other sources.

Other budget priorities include:

$8.8 million over three years to buy new buses. The purchases are expected to eliminate all older high floor buses and reduce the average age of the fleet to the industry standard of eight years by 2017.

$1.3 million to continue Access Transit Fare programs for low-income riders.

$10.2 million for the public affairs division, a nearly $1.8 million increase,

$6.5 million for WES commuter rail and nearly $9.7 million for the Portland Streetcar. Both expenditures represent slight increases over the current budget.

$1.2 million for improvements to portable restroom locations for bus operators and acquiring property for a new layover location in

The last item addresses in part a growing union concerns about requiring bus drivers to use portable toilets during breaks at several locations. Last month, a No. 19 driver was stabbed by a stranger while taking a bathroom break.

"I haven't received any real details on the plan to deal with the portable toilets," said Bruce Hansen, ATU 757 president. "It just showed up in the budget. (TriMet) has said they want to touch base with me to talk about upgrading some of them."

The board adopted the fiscal year 2014 budget after nearly two months of community meetings and a review by the Multnomah County's Tax Supervising and Conservation Commission.

In a public apology in March, McFarlane promised that the agency would be more transparent with raises for executives, managers and other non-union workers.

No decisions about non-union pay raises have been made, said TriMet spokeswoman Roberta Altstadt. A full compensation review is expected to be discussed with the board of directors in the fall and no wage adjustments would occur before Jan. 1, she said.

"It may or may not be funded through contingency," Altstadt said. "That will be part of the discussion with the board. However, this practice is standard and in compliance with Oregon budget law."

-- Joseph Rose