TITLE VI PROGRAM POLICY
Reference:
FTA Circular 4702.1B Title VI and Title VI Dependent Guidelines for Federal Transit
Administration Recipients
Purpose:
The purpose of this policy is to establish guidelines to effectively monitor and ensure that
the City and Borough of Juneau, Capital Transit is in compliance with all FTA Title VI
requirements and regulations in order to carry out the provisions of the Department of
Transportation’s (DOT) Title VI Regulations at 49 CFR Part 21.
Policy:
Effective June 1, 2008, Capital Transit will ensure that their programs, policies, and
activities all comply with the Department of Transportation’s (DOT) Title VI regulations.
Capital Transit is committed to creating and maintaining public transit service that is free
of all forms of discrimination. The agency will take whatever preventive, corrective and
disciplinary action necessary for behavior that violates this policy or the rights and
privileges it is designed to protect.
Required to provide an annual Title VI certification and assurance:
To ensure accordance with 49 CFR Section 21.7, every application for financial
assistance from FTA must be accompanied by an assurance that the applicant will carry
out the program in compliance with Title VI of the Civil Rights Act of 1964. This
requirement shall be fulfilled when the applicant submits its annual certifications and
assurances to FTA or the State of Alaska. The text of FTA’s annual certifications and
assurances is available on FTA’s web site. The City and Borough of Juneau, Capital
Transit complies with this instruction annually in order to receive FTA funding.
Required to notify beneficiaries of protection under Title VI:
In order to comply with 49 CFR Section 21.9 (d), recipients shall provide information to
the public regarding their Title VI obligations and apprise members of the public of the
protections against discrimination afforded to them by Title VI. Recipients that provide
transit service shall disseminate this information to the public through measures that can
include but shall not be limited to a posting on the agency’s web site. Capital Transit has
information on their web site as well as signage posted on all buses.
Required to develop Title VI complaint procedures:
In order to comply with 49 CFR Section 21.9 (b), recipients shall develop procedures for
investigating and tracking Title VI complaints filed against them and make their
procedures for filing a complaint available to members of the public upon request. The
City & Borough of Juneau has designated Rob Steedle, Deputy City Manager as the Title
VI Complaint Coordinator who will accept any such complaints and address them in
accordance with the Title VI complaint procedure.
Required to record Title VI investigations, complaints and lawsuits:
In order to comply with 49 CFR Section 21.9 (b), recipients shall prepare and maintain a
list of any active investigations conducted by entities other than the FTA, lawsuits, or
complaints naming the recipient that allege discrimination on the basis of race, color, or
national origin. This list shall include the status of the investigation, lawsuit, or
complaint. The CBJ Title VI Complaint Coordinator will maintain these files. The CBJ
has had no Title VI investigations, complaints or lawsuits that have occurred between
May 13, 2005 and the submission of this program.
Required to provide meaningful access to Limited English Proficient (LEP) persons:
Title VI and its implementing regulations require that FTA recipients take responsible
steps to ensure meaningful access to the benefits, services, information, and other
important portions of their programs and activities for individuals who are Limited
English Proficient. Capital Transit has not currently identified any significant population
within its service area experiencing limited English proficiency that impairs their access
to services. Capital Transit will continue to monitor the need for alternative sources of
transit service information including the production of information in languages other
than English. Populations identified with limited English proficiency will be provided
transit service information in a language and format that is both useful and informative to
them.
Required to provide additional information upon request:
At the discretion of the FTA, information other than that required by the referenced
circular may be requested, in writing, from a recipient in order to investigate complaints
of discrimination or to resolve concerns about possible noncompliance with Title VI
requirements. The CBJ Title VI Complaint Coordinator is available to provide additional
information as needed and to respond to any inquiry.
Required to prepare and submit a Title VI Program:
FTA requires recipients to report certain general information to determine their
compliance with Title VI. The collection and reporting of this program constitute the
recipients’ Title VI Program. To ensure compliance with 49 CFR Section 21.9 (b), FTA
requires that all recipients document their compliance with this chapter by submitting a
Title VI Program to FTA’s regional civil rights officer once every three years.
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Discrimination:
Any act or omission of an act which would prevent the use of or exclude a person from
access to public transportation based on (but not limited to) race, sex, disability, or
religion.
Responsibilities:
All employees of the City and Borough of Juneau, Capital Transit shall follow the intent
of these guidelines in a manner that reflects agency policy.
Supervisors and managers receiving information regarding violation(s) of this order shall
determine if there is any basis for the allegation and shall proceed with resolution as
stated in the sections Supervisor Responsibility and/or Investigation of Complaints and
Appeal Process.
Supervisor Responsibility:
Each supervisor shall:
A)
Ensure that there are no barriers to service or accommodations that would
prevent public transit usage or access.
B)
Train subordinates as to what constitutes discrimination and barriers to
access.
C)
Take prompt and appropriate action to avoid and minimize the incidence
of any form of discrimination.
D)
Notify the Transit Superintendent in writing of the circumstances
surrounding any reported allegations of discrimination no later than the
next business day.
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Title VI Complaint Procedure: Various methods of resolution exist. If a customer
feels that their accommodation request and/or access to public transportation was denied,
s/he may file a complaint through the following process:
The City and Borough of Juneau has adopted an internal complaint procedure providing
for prompt and equitable resolution of complaints alleging any action prohibited by Title
VI of the Civil Rights Act of 1969.
Complaints should be addressed to;
Rob Steedle, Deputy City Manager
155 South Seward Street
Juneau, AK 99801
Telephone: (907) 586-5240
[email protected]
who has been designated to coordinate Title VI compliance efforts.
1. A complaint must be filed in writing, contain the name, address and phone number
of the person filing it, be signed by the complainant or the complainant's authorized
representative and briefly but specifically describe the alleged discriminatory action
or practice and any relevant facts. Complaints must be filed with the Title VI
Complaint Coordinator personally or by the U.S. mail.
2. If the complainant is unable to prepare their complaint in writing, the Title VI
Complaint Coordinator, at the request of the complainant, shall seek the assistance
of an advocate or assistant to assist the complainant in writing the complaint.
3. A complaint should be filed as soon as possible, but must be filed within 180 days
after the complainant becomes aware of the alleged violation.
4. The Title VI Complaint Coordinator shall conduct an investigation if warranted.
5. A written determination as to the validity of the complaint and a description of the
resolution, if any, shall be issued by the coordinator and a copy forwarded to the
complainant no later than 30 days after its filing.
6. The complainant may request a reconsideration of the case in instances where he or
she is dissatisfied with the coordinator's written decision. The request for
reconsideration should be in writing and received by the City and Borough manager
at the above address within 30 days of the date of the coordinator's decision under
4. The manager may affirm the coordinator's decision, or may refer the matter back
to the coordinator with instructions about further measures to take to reach a fair
resolution.
7. The right of a person to a prompt and equitable resolution of the complaint filed
hereunder shall not be impaired by the person's pursuit of other remedies. Use of
this procedure is not required prior to the pursuit of other remedies.
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TITLE VI COMPLAINT PROCEDURES
What is Title VI of the Civil Rights Act of 1964?
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and
national origin in programs and activities receiving Federal financial assistance.
Capital Transit, the City and Borough of Juneau is committed to ensuring that no person is
excluded from participation in, or denied the benefits of its transit services on the basis of race,
color, or national origin, as protected by Title VI in Federal Transit Administration (FTA)
Circular 4702.1.B. If you believe you have been subjected to discrimination under Title VI, you
may file a complaint.
How to file a Title VI Complaint?
You may file a signed, written complaint up to one hundred and eighty (180) days from the date
of alleged discrimination. The complaint should include the following information:
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Your name, mailing address, and how to contact you (i.e., telephone number, email
address, etc.)
How, when, where and why you believe you were discriminated against. Include the
location, names and contact information of any witnesses.
Other information that you believe is significant
The complaint must be filed in writing with Capital Transit, the City and Borough of Juneau at
the following address:
Rob Steedle
Title VI Coordinator
Capital Transit, the City and Borough of Juneau
155 South Seward Street
Juneau, AK 99801
NOTE: Capital Transit, the City and Borough of Juneau encourages all complainants to certify
all mail that is sent through the U.S. Postal Service and/or ensure that all written correspondence
can be tracked easily. An original, signed copy of the complaint must be mailed to the Title VI
Coordinator as soon as possible, but no later than 180 days from the alleged date of
discrimination.
What happens to my complaint after it is submitted to the Title VI Coordinator?
All complaints alleging discrimination based on race, color or national origin in a service or
benefit provided by Capital Transit will be directly addressed. The Title VI Coordinator shall
also provide appropriate assistance to complainants, including those persons with disabilities, or
who are limited in their ability to communicate in English. Capital Transit, the City and
Borough of Juneau shall make every effort to address all complaints in an expeditious and
thorough manner.
In instances where additional information is needed for investigation of the complaint, we will
contact you in writing. Please note that in responding to any requests for additional information,
failure to provide the requested information may result in the administrative closure of the
complaint.
How will I be notified of the outcome of my complaint?
The Title VI Coordinator will send a written response to you. The response will advise you of
your right to 1) appeal within 7 calendar days of receipt of the final written decision, and/or 2)
file a complaint externally with the U.S. Department of Transportation Federal Transit
Administration. Every effort will be made to respond to Title VI complaints within 60 working
days of receipt of such complaints, if not sooner.
In addition to the complaint process described above, a complainant may file a Title VI
complaint with the following office:
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor - TCR
1200 New Jersey Ave., SE
Washington, DC 20590