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TITLE VI COMPLAINT PROCEDURE
MTC has in place a Title VI Complaint Procedure, which outlines a process for local
disposition of Title VI complaints and is consistent with guidelines found in Chapter VII
of the Federal Transit Administration Circular 4702.1, dated May 26, 1988.
The complaint procedure has five steps, outlined below:
- Submission of Complaint: Any person who feels that he or she,
individually, or as a member of any class of persons, on the basis of race, color,
national origin, age, sex, disability, religion, or low-income status has been excluded
from or denied the benefits of, or subjected to discrimination under any program or
activity receiving federal financial assistance through MTC may file a written
complaint with the Deputy Director, Policy. Such complaint must be filed within 60
calendar days after the date the person believes the discrimination occurred.
- Referral to Review Officer: Upon receipt of the Complaint, the
Deputy Director, Policy, shall appoint one or more staff review officers, as
appropriate, to evaluate and investigate the Complaint, in consultation with the Office
of General Counsel. The staff review officer(s) shall complete their review no later
than 45 calendar days after the date MTC received the Complaint. If more time is
required, the Deputy Director, Policy shall notify the Complainant of the estimated
time-frame for completing the review. Upon completion of the review, the staff review
officer(s) shall make a recommendation regarding the merit of the Complaint and whether
remedial actions are available to provide redress. Additionally, the staff review
officer(s) may recommend improvements to MTC’s processes relative to Title VI and
environmental justice, as appropriate. The staff review officer(s) shall forward their
recommendations to the Executive Director, for concurrence. If the Executive Director
concurs, he shall issue MTC’s written response to the Complainant.
- Request for Reconsideration: If the Complainant disagrees with the
Executive Director’s response, he or she may request reconsideration by
submitting the request, in writing, to the Executive Director within 10 calendar days
after receipt of the Executive Director’s response. The request for
reconsideration shall be sufficiently detailed to contain any items the Complainant
feels were not fully understood by the Executive Director. The Executive Director will
notify the Complainant of his decision either to accept or reject the request for
reconsideration within 10 calendar days. In cases where the Executive Director agrees
to reconsider, the matter shall be returned to the staff review officer(s) to
re-evaluate in accordance with Paragraph 2, above.
- Appeal: If the request for reconsideration is denied, the
Complainant may appeal the Executive Director’s response to the Complaint by
submitting a written appeal to MTC’s Administration Committee no later than 10
calendar days after receipt of the Executive Director’s written decision
rejecting reconsideration.
- Submission of Complaint to the Department
of Transportation: If
the Complainant is dissatisfied with MTC’s
resolution of the Complaint, he or she may also
submit a complaint to the Department of Transportation
for investigation. In accordance with Chapter
VII, Title VI Discrimination Complaints, of FTA
Circular 4702.1, such a complaint must be submitted
within 180 calendar days after the date of the
alleged discrimination. Chapter VII of the FTA
Circular 4702.1, which outlines the complaint
process to the Department of Transportation,
may be obtained by requesting a copy from MTC’s
Public Information Office (510) 817-5787.
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