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.

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.

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:

• Ensure that there are no barriers to service or accommodations that would prevent public transit usage or access.
• Train subordinates as to what constitutes discrimination and barriers to access.
• Take prompt and appropriate action to avoid and minimize the incidence of any form of discrimination.
• Notify the Transit Superintendent in writing of the circumstances surrounding any reported allegations of discrimination no later than the next business day.