![\"ClaraTransportationJustice\"](\"http:\/\/michaelclara.com\/wp-content\/uploads\/2016\/05\/ClaraTransportationJustice.jpg\")
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PDF Version of Letter<\/a><\/p>\n TEXT OF PUBLIC COMMENT LETTER TO THE UTA BOARD OF DIRECTORS:<\/strong><\/span><\/p>\n Dear Chairman Burton,<\/p>\n It was just brought to my attention that UTA has published their Title VI report on their web page. [1]<\/a><\/p>\n 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]<\/a> asserting that UTA, the Wasatch Front Regional Council (WFRC) [3]<\/a> and the Utah Department of Transportation (UDOT) [4]<\/a> were in violation of the Title VI provisions as neither agency could produce UTA\u2019s Title VI Plan when I asked for it five months ago. \u00a0Looking at the UTA web page the report appears to be 6 slides of a power point presentation. Clicking on the \u201coverview\u201d<\/i> tab I noted a 20 page document styled: \u201cTitle VI Overview\u201d<\/i>. It\u2019s odd that the \u201coverview\u201d 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]<\/a><\/p>\n Notice of Rights under Title VI<\/b> \u201cThe notice is posted on all busses, at train stations, and in public areas of UTA buildings that serve customers.\u201d\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/i><\/p>\n Requirement:<\/span><\/b> 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\u2019s Title VI obligations in languages other than English, as needed and consistent with the DOT LEP guidance and the recipient\u2019s LAP.<\/p>\n Questions:<\/span> How to File a Complaint, copy of complaint form<\/b> \u201cUTA 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.\u201d<\/i><\/p>\n Requirement:<\/span> 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<\/p>\n Questions:<\/span> Does UTA\u2019s Title VI plan include the following required elements:<\/p>\n 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 \u201cin any other languages spoken by LEP persons that meet the threshold\u201d; 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?<\/p>\n List of Title VI investigations, complaints or lawsuits<\/b> \u201cThere 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.\u201d<\/i><\/p>\n Requirement:<\/span> 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.<\/p>\n Questions: Public Participation Plan<\/b> 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.<\/i><\/p>\n Requirement:<\/span> 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\u2019s 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.<\/p>\n Questions<\/span>: Where can a member of the public see a copy of UTA\u2019s \u00a0written plan which engages the public with the opportunity to provide input on the decision making process for Federal Aid transportation projects and services? \u00a0Where can a member of the public view a description of strategies, procedures, and outcomes for UTA\u2019s ongoing public participation activities?<\/p>\n Where can a member of the public view the educational highlights UTA\u2019s Title VI components? \u00a0Where 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?<\/p>\n LEP Plan<\/span><\/b> 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).<\/i><\/p>\n Requirement:<\/span> 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).<\/p>\n Questions:<\/span> UTA created a plan in 2011 \u2013Really? 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.<\/p>\n 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<\/b> is an individualized assessment that balances the following four factors:<\/p>\n FACTOR 1<\/b> \u2022 How do LEP persons interact with the recipient\u2019s agency?<\/p>\n \u2022 Who are the LEP communities? How many are there?<\/p>\n \u2022 What is the level of the literacy skills of LEP populations in their native languages? Will translation of documents will be an effective practice?<\/p>\n \u2022 LEP persons are underserved by the recipient due to language barriers?<\/p>\n Factor 2<\/b> \u2022 The use of bus and rail service;<\/p>\n \u2022 The purchase of passes and tickets through vending machines, outlets, websites, and over the phone;<\/p>\n \u2022 Participation in public meetings;<\/p>\n \u2022 Customer service interactions;<\/p>\n \u2022 Ridership surveys; and<\/p>\n \u2022 Operator surveys<\/p>\n Factor 3<\/b> Factor 4<\/b> \u2022 technological advances,<\/p>\n \u2022 reasonable business practices, and the<\/p>\n \u2022 sharing of language assistance materials and services among and between recipients, advocacy \u00a0groups, LEP populations and Federal agencies.<\/p>\n As you are aware, after completing the Four Factor Analysis<\/b>, 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\u2019s Four Factor Analysis Plan?<\/p>\n As you are aware, UTA\u2019s language assistance plan must:<\/p>\n Where might a member of the public locate these elements of UTA\u2019s language assistance plan?<\/p>\n Racial Breakdown of Non-elected Advisory Councils<\/b> There are two non-elected committees or advisory councils at UTA. Following is the breakdown of the members of each the committee by race.<\/i><\/p>\n Requirement:<\/span> 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.<\/p>\n Questions:<\/span> The stats the UTA provided are terrible! Does UTA select the members f these committees? Id do, who at UTA does the selection?<\/p>\n Title VI Equity Analysis 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.<\/i><\/p>\n Requirement:<\/span> 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.<\/p>\n Questions:<\/span> 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\u2019s 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.<\/p>\n 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? \u00a0Where might a member of the public find the equity analysis for the BRT project in UTA County?<\/p>\n Where might a member of the public find the methodology and date UTA used to conduct an equity analysis on the following:<\/p>\n In conclusion, I call into question UTA\u2019s 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.<\/p>\n Shalom,<\/p>\n J. Michael Cl\u00e1ra <\/p>\n \u00a0<\/b><\/p>\n \u00a0<\/span><\/li>\n<\/ul>\n [1]<\/a> See<\/i> UTA Web Page: http:\/\/www.rideuta.com\/-\/media\/Files\/Board-Agenda-PDFs\/Title-VI\/8a3TitleVIPlanOverview.ashx<\/p>\n<\/div>\n [2]<\/a> Complaint Alleges UTA Discrimination Against Poor Areas, Salt Lake Tribune 04\/07\/16<\/p>\n<\/div>\n [3]<\/a> \u00a0Wasatch Front Regional Council (WFRC) serves as the Association of Governments organized under the Interlocal Cooperation Act of Utah State Law. WFRC also serves the Metropolitan Planning Organization (MPO) which is required by federal statue. See Also<\/i> MAP-21\u00a7\u00a7 1105, 1201; 23 USC 104, 134; 23 CFR Part 450<\/p>\n<\/div>\n [4]<\/a> Each metropolitan planning organization (MPO) is required, under 49 U.S.C. 5303(j) , to develop a Transportation Improvement Program (TIP). The TIP must be developed in cooperation with the State and public transit providers. The TIP should include all regionally significant projects receiving FHWA or FTA funds, or for which FHWA or FTA approval is required, in addition to non-federally funded projects that are consistent with the Metropolitan Transportation Plan (MTP). The Intermodal Surface Transportation Efficiency Act of 1991, which authorized federal highway and transit funding programs, significantly expanded the role of MPOs in the transportation planning process. Under current legislation, MPOs receive federal funding and state transportation officials are required to coordinate with MPOs on project prioritization.<\/p>\n<\/div>\n [5]<\/a> See<\/i> FTA Circular C 4702.1B; The purpose of this Circular is to provide recipients of Federal Transit Administration (FTA) financial assistance with guidance and instructions necessary to carry out U.S. Department of Transportation (\u201cDOT\u201d or \u201cthe Department\u201d) Title VI regulations (49 CFR part 21) and to integrate into their programs and activities considerations expressed in the Department\u2019s Policy Guidance Concerning Recipients\u2019 Responsibilities to Limited English Proficient (\u201cLEP\u201d) Persons (70 FR 74087).<\/p>\n <\/p>\n<\/div>\n<\/div>\n <\/p>\n","protected":false},"excerpt":{"rendered":" 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 … Continue reading
\nThe UTA overview states:<\/p>\n
\nWhere can a member of the public locate a document that explains the \u201cprotections against discrimination afforded them\u201d?<\/i> Where can the public obtain information on UTA\u2019s \u201cTitle VI obligations\u201d<\/i>? Moreover this notice is NOT posted at every station and in every bus as indicated in the overview.<\/p>\n
\nThe UTA overview states:<\/p>\n
\nWhere can a member of the public locate a copy of the \u201cprocedures for investigating\u201d<\/i> Title VI complaint? Where can a member of the public locate a copy of the of the \u201cprocedures for filing a complaint\u201d<\/i>? Currently UTA Corporate Policies and Standard Operating Procedures are not post on UTA\u2019s web page. Does UTA\u2019s Title VI Plan include a copy of the agency\u2019s Title VI complaint procedure? The complaint procedure and complaint form MUST be available on UTA\u2019s 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?<\/p>\n\n
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\nThe UTA overview states:<\/p>\n
\n<\/span>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.<\/p>\n
\n<\/span><\/b>The UTA overview states:<\/p>\n
\nThe UTA overview states:<\/p>\n\n
\nNumber 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\u2019s analysis should, at a minimum, identify:<\/p>\n
\nThe 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:<\/p>\n
\nThe nature and importance of the program, activity, or service provided by the program to people\u2019s 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.<\/p>\n
\nThe 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:<\/p>\n\n
\nThe UTA overview states:<\/p>\n
\n<\/span><\/b>The UTA overview states:<\/p>\n\n
\nBoard of Education, District 2
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\n<\/b>cc:<\/b> UTA Board of Trustees
\nMayor Biskupski, Salt Lake City
\nMr. Lee Davidson, Salt Lake Tribune
\nOpen Letter<\/p>\n
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