PDF Version of Letter

TEXT OF PUBLIC COMMENT LETTER TO THE UTA BOARD OF DIRECTORS:

Dear Chairman Burton,

It was just brought to my attention that UTA has published their Title VI report on their web page. [1]

I am pleased to see UTA publish some version of its Title VI plan. As you are aware, I recently filed a complaint with U.S. Department of Federal Transportation [2] asserting that UTA, the Wasatch Front Regional Council (WFRC) [3] and the Utah Department of Transportation (UDOT) [4] were in violation of the Title VI provisions as neither agency could produce UTA’s Title VI Plan when I asked for it five months ago.  Looking at the UTA web page the report appears to be 6 slides of a power point presentation. Clicking on the “overview” tab I noted a 20 page document styled: “Title VI Overview”. It’s odd that the “overview” has more substance than the report itself. In glancing over the current data that UTA has provided, I have the following questions within the context of FTA, Title VI requirements: [5]

Notice of Rights under Title VI
The UTA overview states:

“The notice is posted on all busses, at train stations, and in public areas of UTA buildings that serve customers.”                                

Requirement: FTA 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 shall disseminate this information to the public through measures that can include but shall not be limited to a posting on its Web site. Furthermore, notices will detail a recipient’s Title VI obligations in languages other than English, as needed and consistent with the DOT LEP guidance and the recipient’s LAP.

Questions:
Where can a member of the public locate a document that explains the “protections against discrimination afforded them”? Where can the public obtain information on UTA’s “Title VI obligations”? Moreover this notice is NOT posted at every station and in every bus as indicated in the overview.

How to File a Complaint, copy of complaint form
The UTA overview states:

“UTA follows the same corporate policy to deal with Title VI complaints that it uses for general customer complaints: Corporate Policy 5.1.1, Customer Communications. More specific procedures are set forth on Standard Operating Procedure 5.1.1-1: Customer Communication Process.”

Requirement: FTA recipients and subrecipients 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

Questions:
Where can a member of the public locate a copy of the “procedures for investigating” Title VI complaint? Where can a member of the public locate a copy of the of the “procedures for filing a complaint”? Currently UTA Corporate Policies and Standard Operating Procedures are not post on UTA’s web page. Does UTA’s Title VI Plan include a copy of the agency’s Title VI complaint procedure? The complaint procedure and complaint form MUST be available on UTA’s website, where is it? Does the UTA complaint form specify the three classes protected by Title VI: race, color, and national origin? Does the form allow the complainant to select one or more of those protected classes as the basis/bases for discrimination?

Does UTA’s Title VI plan include the following required elements:

• Where to file a complaint at UTA
• Who to file a complaint with at UTA
• Who at UTA will conduct the investigation
• When to accept complaint i.e. how many days from the incident will a complaint be accepted
• Investigation & resolution timetable
• • Is UTA required to notify any other agency i.e. UDOT, FTA etc. ?
  • How will UTA respond to the complaint?
  • How will UTA respond to the resolution of a complaint?
  • Are these procedures written in languages of passengers in UTA’s service area?
  • How will UTA provide language assistance?

  As you are aware, Title VI requires if ANY Limited English Proficient populations in your service area meet the threshold (Five percent or 1000 persons), then the Title Vi complaint procedure should be provided in English and “in any other languages spoken by LEP persons that meet the threshold”; As you are aware, Title VI requires a recipient to provide written translation of vital documents for each eligible LEP language group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total population of persons eligible to be served or likely to be affected or encountered, by the program/activity. What populations in UTA service area meet that threshold? Are they provided the information in their language as required?

  List of Title VI investigations, complaints or lawsuits
  The UTA overview states:

  “There have been no lawsuits and no investigations conducted by FTA or entities other than FTA. UTA did receive customer complaints alleging discrimination on the basis of race, color, and/or national origin in transit-related activities. A table of complaints for the 3-year period are summarized below.”

  Requirement: FTA recipients shall prepare and maintain a list of any active investigations that allege discrimination on the basis of race, color, or national origin. This includes investigations conducted by FTA and other entities other than FTA; Lawsuits, complaints naming UTA. This list shall include the date that the transit-related Title VI investigation, lawsuit, or complaint was filed; a summary of the allegation(s); the status of the investigation, lawsuit, or complaint; and actions taken by UTA in response, or final findings related to the investigation, lawsuit, or complaint.

  Questions:
  Where can a member of the public locate a copy of the complaint log with the elements listed above? The one that UTA has provided in the overview does not come close to meeting the requirements set forth in federal regulations.

  Public Participation Plan
  The UTA overview states:

  UTA corporate policy 1.1.28 Title VI Compliance Policy, coordinates with the public participation plan and serves as the disparate impact policy. See also UTA Corporate Policy 1.1.6 Public Input Opportunities.

  Requirement: FTA recipients should seek out and consider the viewpoints of minority, low-income, and LEP populations in the course of conducting public outreach and involvement activities. An agency’s public participation strategy shall offer early and continuous opportunities for the public to be involved in the identification of social, economic, and environmental impacts of proposed transportation decisions.

  Questions: Where can a member of the public see a copy of UTA’s  written plan which engages the public with the opportunity to provide input on the decision making process for Federal Aid transportation projects and services?  Where can a member of the public view a description of strategies, procedures, and outcomes for UTA’s ongoing public participation activities?

  Where can a member of the public view the educational highlights UTA’s Title VI components?  Where a member of the public find the disparate impact analysis for any the Sugarhouse streetcar project? Where would a member of the public find disparate impact analysis on UTA bus stop amenities program and the associated public engagement process? Where can a member of the public find examples of where UTA promoted inclusive public participation to include low-income, minority, and LEP populations?

  LEP Plan
  The UTA overview states:

  UTA created a Language Assistance Plan in 2011 to meet DOT and FTA guidelines, and to describe how employees will provide language assistance to persons with Limited English Proficiency (LEP).

  Requirement: FTA recipients shall take responsible steps to ensure meaningful access to all benefits, services, information, and other important portions of its programs and activities for individuals who are Limited English Proficient (LEP).

  Questions: UTA created a plan in 2011 –Really? Is there an updated plan? As you are aware, Title VI and its implementing regulations require that 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.

  In order to ensure meaningful access to programs and activities, UTA is required to use the information obtained in their Four Factor Analysis to determine the specific language services that are appropriate to provide. The Four Factor Analysis is an individualized assessment that balances the following four factors:

  1. Number of LEPs eligible or likely to be encountered by your Federally funded program
  2. Frequency that LEPs come into contact with program
  3. Nature & importance of program to LEPs
  4. Resources available and costs to program

  FACTOR 1
  Number of LEPs eligible or likely to be encountered by your federally funded program will be program-specific. In addition to the number or proportion of LEP persons served, the recipient’s analysis should, at a minimum, identify:

  • How do LEP persons interact with the recipient’s agency?

  • Who are the LEP communities? How many are there?

  • What is the level of the literacy skills of LEP populations in their native languages? Will translation of documents will be an effective practice?

  • LEP persons are underserved by the recipient due to language barriers?

  Factor 2
  The frequency with which LEP persons come into contact with the program. Recipients should survey key program areas and assess major points of contact with the public, such as:

  • The use of bus and rail service;

  • The purchase of passes and tickets through vending machines, outlets, websites, and over the phone;

  • Participation in public meetings;

  • Customer service interactions;

  • Ridership surveys; and

  • Operator surveys

  Factor 3
  The nature and importance of the program, activity, or service provided by the program to people’s lives. Generally speaking, the more important the program, the more frequent the contact and the likelihood that language services will be needed. The provision of public transportation is a vital service, especially for people without access to personal vehicles.

  Factor 4
  The resources available to the recipient for LEP outreach, as well as the costs associated with that outreach. Resource and cost issues can often be reduced by:

  • technological advances,

  • reasonable business practices, and the

  • sharing of language assistance materials and services among and between recipients, advocacy  groups, LEP populations and Federal agencies.

  As you are aware, after completing the Four Factor Analysis, UTA must use the results of the analyses to determine which language assistance services are appropriate. UTA must then develop an assistance plan to address the identified needs of the LEP population(s) it serves. Where might a member of the public obtain a copy of UTA’s Four Factor Analysis Plan?

  As you are aware, UTA’s language assistance plan must:

  • Include the Four Factor Analysis results, with a description of the LEP population(s) served;
  • Describe how language assistance services are provided by language;
  • Describe how notice is provided to LEP persons about the availability of language assistance;
  • Describe how the Language Assistance Plan is monitored, evaluated, and updated; and
  • Describe how employees are trained to provide timely and reasonable language assistance to LEP populations.

  Where might a member of the public locate these elements of UTA’s language assistance plan?

  Racial Breakdown of Non-elected Advisory Councils
  The UTA overview states:

  There are two non-elected committees or advisory councils at UTA. Following is the breakdown of the members of each the committee by race.

  Requirement: FTA recipients shall not deny an individual on the basis of race, color, or national origin the opportunity to participate as a member of a transit-related, non-elected planning, advisory, committee, or similar body. FTA recipients shall provide a table depicting the racial breakdown of the membership of those bodies, and a description of the efforts made to encourage the participation of minorities on such committees.

  Questions: The stats the UTA provided are terrible! Does UTA select the members f these committees? Id do, who at UTA does the selection?

  Title VI Equity Analysis
  The UTA overview states:

  The only facility constructed during 2013 to 2015 was a natural gas fueling station that went into operation in December 2015. The Environmental Assessment for the fueling station was included in the analysis for the Central Bus Operations and Maintenance Facility done in May 2012. Funding was obtained to build the fueling station, but the rest of the project is still on hold while funding is sought. The Environmental Justice section of the Environmental Assessment is included in the Title VI plan.

  Requirement: FTA recipients that operate 50 or more fixed route vehicles in peak service and are located in urbanized areas (UZA) of 200,000 or more people, or that otherwise meet the threshold, must conduct a Title VI equity analysis whenever they plan a fare change and/or a major service change.

  Questions: As you are aware: Equity analyses are required regardless of whether proposed changes would cause positive or negative impacts to riders. Accordingly, UTA must conduct an equity analysis for all fare changes and for major service reductions and major service expansions. Financial exigencies and other special circumstances (e.g., economic hardships, size of transit provider’s service area or staff) does not exempt UTA from the requirement to conduct equity analyses. Equity analysis must be completed during the planning stage with where the project will be. It must engage in outreach to person potentially impacted by the siting of facilities Compare the equity impact of alternative sites.

  Where might a member of the public find a copy of the equity analysis for the Sugarhouse streetcar project? Where might a member of the public find the equity analysis for UTA bus stop amenities program?  Where might a member of the public find the equity analysis for the BRT project in UTA County?

  Where might a member of the public find the methodology and date UTA used to conduct an equity analysis on the following:

  • Service Standards
  • Vehicle load for each mode
  • Vehicle headway for each mode
  • On time performance for each mode
  • Service availability for each mode

  In conclusion, I call into question UTA’s methodology in determining what parts of its service area, within Salt Lake City limits are in defined Title VI low income or ethnic minority areas. There are numerous reasons why I pose this question. I shall here mention one: In the map that UTA provided in their overview, it shows a white spot in the middle of Salt Lake City, indicating that there is a 0%-22% ethnic minority population in that area. That is the area where I live and use the 516 often. The census tracts for my community show that area averaging a 75% ethnic minority population, not the below 22% threshold indicated by the UTA map. Needless to say I noted many other discrepancies on the map. I would suggest that UTA recalculate their service area and comport themselves the standards set forth by FTA.

  Shalom,

  J. Michael Clára
  Board of Education, District 2
  
  cc: UTA Board of Trustees
  Mayor Biskupski, Salt Lake City
  Mr. Lee Davidson, Salt Lake Tribune
  Open Letter