Title VI & ADA Compliance

Reasonable Modification to Policies and Procedures

In accordance with 49CFR Parts 27 and 37, Transportation for individuals with Disability Reasonable Modifications Policies and Procedures, Pitt Area Transit (PATS) is committed to ensuring a reliable, accessible experience for all customers. If, due to a disability, you are not able to fully utilize PATS programs and transportation services because of a policy or procedure that PATS has established, an individual may submit a request for a modification of a policy or procedure to any staff on duty. Feasible requests may be handled on the spot, however it is recommended to make requests no less than ten (10) business days prior to the need. On the spot modifications are not guaranteed. If a modification is not feasible on the spot, the decision regarding reasonable modification will be made by supervisory staff. The request may be verbally or in writing. Use of designated form or terminology are not required. 

Please be advised that Reasonable Modification applies to PATS policies and procedures, and not the regulatory requirements of 49 CFR 27. All requests for reasonable modification to PATS policies and procedures will be considered on an individual basis. There are four classes of situations in which a request may be legitimately be denied, which are listed below.

1. Fundamental alteration of service: granting the request would fundamentally alter the entity’s services, programs or activities. 
2. Direct Threat to the health or safety of others: granting the request would create a direct threat to the health or safety of others. 
3. Not Needed by the requestor to use the service: without the requested modification, the individual with a disability is able to fully use the entity’s services, programs, or activities for their intended purpose. 
4. Undue Burden: granting the request would cause an undue financial and administrative burden.

Title VI Plan Review and Adoption

On behalf of the Pitt County Board of County Commissioners, I hereby acknowledge receipt of the Title VI Nondiscrimination Plan. We, the Board of Commissioners, have reviewed and hereby adopt this Plan. We are committed to ensuring that all decisions are made in accordance with the nondiscrimination guidelines of this Plan, to the end that no person is excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under any Pitt Area Transit System (PATS) services and activities on the basis of race, color, national origin, sex, age, creed (religion), or disability, as protected by Title VI of the Civil Rights Act of 1964 and the nondiscrimination provisions.

1.0 Introduction

Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000d provides that: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

The broader application of nondiscrimination law is found in other statutes, executive orders, and regulations, which provide additional protections based on age, sex, creed (religion), and disability, including the 1987 Civil Rights Restoration Act. This Act extended nondiscrimination coverage to all programs and activities of federal-aid recipients, subrecipients, and contractors, including those not federally funded (see Appendix A — Applicable Nondiscrimination Authorities).

The Pitt Area Transit System (PATS) is a recipient of Federal Transit Administration (FTA) funds from the North Carolina Department of Transportation (NCDOT). PATS establishes this Title VI Nondiscrimination Plan to comply with Title VI of the Civil Rights Act of 1964, as required by FTA Circular 4702.1B, and related requirements outlined within the FTA Certifications & Assurances, “Nondiscrimination Assurance.”

This document details the nondiscrimination program, policies, and practices administered by PATS, and will be updated periodically to incorporate changes and additional responsibilities as they arise. This Plan will be submitted to NCDOT or FTA upon request.

2.0 Description of Programs and Services

2.1 Program(s) and Services Administered

PATS provides public transportation options to its customers within the geographical area of Pitt County, North Carolina. Fares for General Public riders are at a cost of $9 per trip. Para-transit service is available with GREAT Bus urban system in Greenville with approved application. Contracted services are also provided with the Pitt County Department of Social Services. The Council on Aging and other human service agencies for eligible recipients. The hours of operation are from Monday to Friday, from 7am to 6pm. The scheduling and contact number is 252-902-2002.

Fare (if applicable Rural General Public Monday through Saturday GREAT Para-Transit Monday through Saturday Free to Rider

Holiday Schedule

• New Year's Day 
• ML King, Jr.’s Birthday 
• Good Friday 
• Memorial Day 
• Independence Day 
• Labor Day 
• Veteran’s Day 
• Thanksgiving Holiday 
• Christmas Holiday 

The Pitt Area Transit System is composed of one director, one vehicle maintenance/trainer. a scheduler, five part-time office assistants, 5 full-time drivers and a pool of part-timee drivers.

2.2 Funding Sources / Tables

For the purpose of federally assisted programs, "federal assistance" shall include:

1. grants and loans of Federal funds;
2. the grant or donation of Federal property and interest in property;
3. the detail of Federal personnel;
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale or lease to the recipient; and
5. any Federal agreement, arrangement, or other contract which has, as one of its purposes, the provision of assistance.

Each FTA Formula Grant received by our system during the past year, and whether the funds were received through NCDOT or directly from FTA, is checked below.

2.3 Decision-Making Process

2.4 Title VI Coordination

The individual below has been designated as the Title VI Coordinator for Pitt Area Transit System (PATS), and is empowered with enough authority and responsibility to implement the Title VI Nondiscrimination Program:

• Name — Misty Chase
• Official Title — Director of Pitt Area Transit System
• Address — 1717 W 5! St, Greenville, NC 27834
• Phone — 252-902-2010
• Email — Misty.Chase@pittcountync.gov

Key responsibilities of the Coordinator include:

• Maintaining knowledge of Title VI and related requirements.
• Attending civil rights training when offered by NCDOT or any other regulatory agency.
• Administering the Title VI Nondiscrimination Program and coordinating implementation of this Plan.
• Training internal staff and officials on their Title VI nondiscrimination obligations.
• Disseminating Title VI information internally and to the general public, including in languages other than English.
• Presenting Title VI-related information to decision-making bodies for input and approval.
• Ensuring Title VI-related posters are prominently and publicly displayed.
• Developing a process to collect data related to race, national origin, sex, age, and disability to ensure minority, low-income, and other underserved groups are included and not discriminated against.
• Ensuring that non-elected boards and committees reflect the service area and minorities are represented.
• Implementing procedures for prompt processing (receiving, logging, investigating and/or forwarding) of discrimination complaints.
• Coordinating with, and providing information to, NCDOT and other regulatory agencies during compliance reviews or complaint investigations.
• Promptly resolving areas of deficiency to ensure compliance with Title VI nondiscrimination requirements.

2.5 Change of Title VI Coordinator

If Title VI Coordinator or County Manager changes, this document and all other documents that name the Coordinator, will immediately be updated, and an updated policy statement (and nondiscrimination agreement, if standalone) will be signed by the new County Manager.

2.6  Organizational Chart

Pitt Area Transit System currently employs 49 staff which consist of the following job categories:

• Title VI Coordinator — Misty Chase
• Director (1)
• Maintenance/Trainer (1)
• Administrative Assistants (2)
• Part-time Dispatchers (4)
• Scheduler (1)
• Full-time Drivers (5)
• Part-time Drivers (35)

An organizational chart showing the Title VI Coordinator’s place within the organization is in Appendix B.

2.7 Subrecipients

Pitt Area Transit System (PATS) does not have pass through funds to any other organizations and, therefore, does not have any subrecipients.

3.0 Title VI Nondiscrimination Policy Statement

It is the policy of Pitt Area Transit System (PATS), as a federal-aid recipient, to ensure that no person shall, on the ground of race, color, national origin, sex, creed (religion), age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of our programs and activities, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and all other related nondiscrimination laws and requirements.

- Misty Chase, Director of Transportation

Title VI and Related Authorities

Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d) provides that, “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” The 1987 Civil Rights Restoration Act (P.L. 100-259) clarified and restored the original intent of Title VI by expanding the definition of “programs and activities” to include all programs and activities of federal-aid recipients, subrecipients, and contractors, whether such programs and activities are federally assisted or not.

Related nondiscrimination authorities include, but are not limited to: U.S. DOT regulation, 49 CFR part 21, “Nondiscrimination in Federally-assisted Programs of the Department of Transportation—Effectuation of Title V1 of the Civil Rights Act”; 49 U.S.C. 5332, “Nondiscrimination (Public Transportation)”; FTA Circular 4702.1B - Title VI Requirements and Guidelines for Federal Transit Administration Recipients; DOT Order 5610.2a, “Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”; FTA C 4703.1 - Environmental Justice Policy Guidance For Federal Transit Administration Recipients; Policy Guidance Conceming (DOT) Recipient's Responsibilities to Limited English Proficient (LEP) Persons, 74 FR 74087; The Americans with Disabilities Act of 1990, as amended, P.L. 101-336; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790; Age Discrimination Act of 1975, as amended 42 U.S.C, 6101; Title IX of the Education Amendments of 1972, 20 U.S.C. 1681; Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601; Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. 794d

Implementation

• This statement will be signed by the Director of Transportation of PATS and re-signed whenever a new person assumes that position.
• The signed statement will be posted on office bulletin boards, near the receptionist’s desk, in meeting rooms, inside vehicles, and disseminated within brochures and other written materials.
• The core of the statement (signature excluded) will circulate internally within annual acknowledgement forms.
• The statement will be posted or provided in languages other than English, when appropriate.

4.0 Notice of Nondiscrimination

Pitt Area Transit System (PATS) operates its programs and services without regard to race, color, national origin, sex, creed (religion), age, and disability in accordance with Title VI of the Civil Rights Act and related statutes. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice may file a complaint with PATS.

For more information on the PATS’ civil rights program, and the procedures to file a complaint, contact (252)9022002, email pit.pats@pittcountync.gov; or visit our administrative office at 1717 W 5" St., Greenville, NC 27834. For more information, visitwww.pittcounty.gov.

If information is needed in another language, contact (252)902-2002.

A complainant may file a complaint directly with the North Carolina Department of Transportation by filing with the Office of Civil Rights, External Civil Rights Section, 1511 Mail Service Center, Raleigh, NC 27699-1511, Attention: Title VI Nondiscrimination Program; phone: 919-508-1808 or 800-522-0453, or TDD/TTY: 800-735-2962.

A complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5th Floor-TCR, 1200 New Jersey Ave., SE, Washington, DC 20590.

Implementation

• The notice will be posted in its entirety on our website and in any documents and reports we distribute.
• The notice will be posted in our offices and inside our vehicles.
• Ads in newspapers and other publications shall include the first three (3) bullets.
• The statement will be posted or provided in languages other than English, when appropriate.

5.0 Procedures to Ensure Nondiscriminatory Administration of Programs and Services

We are committed to nondiscriminatory administration of our programs and services, organization wide. PATS will remind employees of Title VI nondiscrimination obligations through staff training and use of the Annual Education and Acknowledgment Form below. The Title VI Coordinator will periodically assess program operations to ensure this policy is being followed.

Annual Education and Acknowledgement Form

Title VI Nondiscrimination Policy

(Title VI and related nondiscrimination authorities)

No person shall, on the grounds of race, color, national origin, sex, age, creed, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of a Federal-aid recipient.

All employees and representatives of Pitt Area Transit System are expected to consider, respect, and observe this policy in their daily work and duties. If any person approaches you with a civil rights- related question or complaint, please direct him or her to PATS Director Misty Chase at (252)902- 2010 or Email misty.chase@pittcountync.gov.

In all dealings with the public, use courtesy titles (e.g., Mr., Mrs., Miss, Dr.) to address or refer to them without regard to their race, color, national origin, sex, age or disability.

Acknowledgement of Receipt of Title VI Program

I hereby acknowledge receipt of Pitt Area Transit System’s Title VI Program and other nondiscrimination guidelines. I have read the Title VI Program and I am committed to ensuring that no person is excluded from participation in or denied the benefits of PATS’s programs, policies, services and activities on the basis of race, color, national origin, sex, age, creed (religion), or disability, as provided by Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes.

Signature Date —

Implementation

• Periodically, but not more than once a year, …

6.0 Contract Administration

Pitt Area Transit System ensures all contractors will fulfill their contracts in a nondiscriminatory manner. While contractors are not required to prepare a Title VI Program, they must comply with the nondiscrimination requirements of the organization to which they are contracted. PATS and its contractors will not discriminate in the selection and retention of contractors (at any level) or discriminate in employment practices in connection with any of our projects.

6.1 Contract Language 

I. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

(1) Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Transit Administration (FTA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, sex, age, creed (religion), low-income, limited English proficiency, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the FTA to be pertinent to ascertain compliance with such Acts, Regulations, and directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the FTA, as appropriate, and will set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to:

• (a) withholding payments to the contractor under the contract until the contractor complies, and/or
• (b) cancelling, terminating, or suspending the contract, in whole or in part.

(6) Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FTA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

II. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the grounds of race, color, or national origin): and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• The Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all programs or activities of Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189);
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
• Federal transit laws. specifically 49 U.S.C. § 5332 (prohibiting discrimination based on race, color, religion, national origin, sex, disability, age, employment, or business opportunity)

Implementation

• The nondiscrimination language above (with initials line) will be appended to any existing contracts, purchase orders, and agreements that do not include it, and initialed by the responsible official of the other organization.
• The nondiscrimination language above (without initials line) will be incorporated as standard language before the signature page of our standard contracts, purchase orders, and agreements.
• The Title VI Coordinator will review existing contracts to ensure the language has been added.

6.2 Nondiscrimination Notice to Prospective Bidders

The Pitt Area Transit System, in accordance with Title VI of the Civil Rights Act of 1964 and related nondiscrimination authorities, and Title 49 Code of Federal Regulations, Parts 21 and 26, hereby notifies all bidders that it will affirmatively insure that in any contact entered into pursuant to this advertisement, minority and women business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, creed, limited English proficiency, low-income, or disability in consideration for an award.

Implementation

• The nondiscrimination language above will be included in all solicitations for bids for work or material and proposals for negotiated agreements to assure interested firms that we provide equal opportunity and do not discriminate.
• Outreach efforts will be made to minority and women-owned firms that work in requested fields and documented.
• Unless specifically required under Disadvantaged Business Enterprise (DBE) or Affirmative Action programs, all contractors will be selected without regard to their race, color, national origin, or sex.

7.0 External Discrimination Complaint Procedures

These discrimination complaint procedures outline the process used by Pitt Area Transit System (PATS) to process complaints of alleged discrimination filed under Title VI of the Civil Rights Act of 1964 and related nondiscrimination laws that are applicable to Pitt Area Transit System (PATS) programs, services, and activities. Complaints will be investigated by the appropriate authority. Upon completion of an investigation, the complainant will be informed of all avenues of appeal. Every effort will be made to obtain early resolution of complaints at the lowest level possible by informal means.

FILING OF COMPLAINTS

1. Applicability — These procedures apply to the beneficiaries of our programs, activities, and services, such as the members of the public and any consultants/contractors we hire.
2. Eligibility — Any person or class of persons who believes that he/she has been subjected to discrimination or retaliation prohibited by any of the Civil Rights authorities based upon race, color, sex, age, national origin, creed (religion) or disability, may file a written complaint. The law prohibits intimidation or retaliation of any sort. The complaint may be filed by the affected individual or a representative and must be in writing.
3. Time Limits and Filing Options — A complaint must be filed no later than 180 calendar days after the following:
   › The date of the alleged act of discrimination; or
   › The date when the person(s) became aware of the alleged discrimination; or
   › Where there has been a continuing course of conduct, the date on which that conduct was discontinued or the latest instance of the conduct.

Complaints may be submitted to the following entities:

• Pitt Area Transit System, 1717 W 5" St., Greenville NC 27834, Attention: Misty Chase, (252)902-2010, misty.chase@pittcountync.gov.
• North Carolina Department of Transportation, Office of Civil Rights, External Civil Rights Section, 1511 Mail Service Center, Raleigh, NC 27699-1511; 919-508-1830 or toll free 800-522-0453
• US Department of Transportation, Departmental Office of Civil Rights, External Civil Rights Programs Division, 1200 New Jersey Avenue, SE, Washington, DC 20590; 202-366-4070
• Federal Transit Administration, Office of Civil Rights, ATTN: Title VI Program Coordinator, East Bldg. 5" Floor — TCR, 1200 New Jersey Avenue, SE, Washington, DC 20590
• US Department of Justice, Special Litigation Section, Civil Rights Division, 950 Pennsylvania Avenue, NW, Washington, DC 20530, 202-514-6255 or toll free 877-218-5228

4. Format for Complaints — Complaints shall be in writing and signed by the complainant(s) or a representative and include the complainant’s name, address, and telephone number. Complaints received by fax or e-mail will be acknowledged and processed. Allegations received by telephone or in person will be reduced to writing, may be recorded and will be provided to the complainant for confirmation or revision before processing. Complaints will be accepted in other languages, including Braille.
5. Discrimination Complaint Form — The Discrimination Complaint Form is consistent with the FTA Certifications & Assurances, “Nondiscrimination Assurance.”
6. Complaint Basis — Allegations must be based on issues involving race, color, national origin, sex, age, creed (religion) or disability. The term “basis” refers to the complainant's membership in a protected group category.

Complaint Processing

1. When a complaint is received, an Acknowledgment Letter and a Complainant Consent/Release Form will be mailed to the complainant within ten (10) business days by registered mail.
2. We will consult with the NCDOT Title VI Program to determine the acceptability and jurisdiction of all complaints received. (Note: If NCDOT will investigate, the Title VI Program will be responsible for the remainder of this process. We will record the transfer of responsibility in our complaints log).
3. Additional information will be requested if the complaint is incomplete. The complainant will be provided 15 business days to submit any requested information and the signed Consent Release form. Failure to do so may be considered good cause for a determination of no investigative merit.
4. Upon receipt of the requested information and determination of jurisdiction, we will notify the complainant and respondent of whether the complaint has enough merit to warrant investigation.
5. If the complaint is investigated, the notification shall state the grounds of our jurisdiction, while informing the parties that their full cooperation will be required in gathering additional information and assisting the investigator.
6. If the complaint does not warrant investigation, the notification to the complainant shall specifically state the reason for the decision.

Complaint Log

1. When a complaint is received, the complaint will be entered into the Discrimination Complaints Log with other pertinent information and assigned a Case Number. (Note: All complaints must be logged).
2. The complaints log will be submitted to the NCDOT’s Civil Rights office during Title VI compliance reviews. (Note: NCDOT may also request the complaints log during pre-grant approval processes).
3. The Log Year(s) since the last submittal will be entered (e.g., 2015-2018, 2017-2018, FFY 2018, or 2018) and the complaints log will be signed before submitting the log to NCDOT.
4. When reporting no complaints, check the No Complaints or Lawsuits box and sign the log.

Review the Discrimination Complaint Form Now

Investigative Guidance

A. Scope of Investigation — An investigation should be confined to the issues and facts relevant to the allegations in the complaint, unless evidence shows the need to extend the issues.

B. Developing an Investigative Plan — It is recommended that the investigator prepares an Investigative Plan (IP) to define the issues and lay out the blueprint to complete the investigation. The IP should follow the outline below:

1. Complainant(s) Name and Address (Attorney name and address if applicable)
2. Respondent(s) Name and Address (Attorney for the Respondent(s) name and address)
3. Applicable Law(s)
4. Basis/(es)
5. Allegation(s)/Issue(s)
6. Background
7. Name of Persons to be interviewed
   1. Questions for the complainant(s)
   2. Questions for the respondent(s)
   3. Questions for witness(es)
8. Evidence to be obtained during the investigation
   1. Issue — e.g., Complainant alleges his predominantly African American community was excluded from a meeting concerning a future project which could affect the community.
   2. Documents needed: e.g., mailing list which shows all physical addresses, P.O. Box numbers, property owner names, and dates when the meeting notification was mailed; other methods used by the RPO to advertise the meeting.

C. Request for Information — The investigator should gather data and information pertinent to the issues raised in the complaint.

D. Interviews — Interviews should be conducted with the complainant, respondent, and appropriate witnesses during the investigative process. Interviews are conducted to gain a better understanding of the situation outlined in the complaint of discrimination. The main objective during the interview is to obtain information that will either support or refute the allegations.

E. Developing an Investigative Report — The investigator should prepare an investigative report setting forth all relevant facts obtained during the investigation. The report should include a finding for each issue. A sample investigative report is provided below.

Investigative Report

I. COMPLAINANT(S) NAME (or attorney for the complainant(s) — name and address if applicable)

II. RESPONDENT(S) (or attorney for the respondent(s) — Bryan Wardell, Pitt County Attorney, 1717 W 5" St., Greenville, NC 27834 Phone: (252)902-3116)

III. APPLICABLE LAW/REGULATION
[For example, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); 49 CFR §21.11; 49 CFR §26.53)]

IV. COMPLAINT BASIS/(ES)
[For example, Race, Color, National Origin, Creed (Religion), Sex, Age, Disability)]

V. ISSUES/ALLEGATIONS
{Describe in logical sequence, each allegation including the prohibited basis for the alleged discriminatory conduct, (e.g., race, color, creed, sex, national origin, age, or disability) and the specific statutory or regulatory provision the allegation would violate, if proven to be true.}

• Issue #1 — Complainant alleges that transit system failed to inform minority communities of rate increases.
• Issue #2 — Complainant alleges that transit system has not sufficiently publicized or held public meetings to share information regarding fare increases and route changes that impacts low-income and minority citizens.

VI. BACKGROUND
[Provide detailed information regarding the complaint, including a historical overview of the case, including any activities or actions taken prior to accepting the complaint for investigation.]

VII. INVESTIGATIVE PROCEDURE
[Describe in detail, methods used to conduct the investigation, such as document requests, interviews and site visits. Include witnesses’ names and addresses, documents received and/or reviewed, emails sent and received.]

VIII. ISSUES / FINDINGS OF FACT
[Provide a detailed description of the investigator’s analysis of each allegation, based on clear and factual findings. Include specific evidence used to support your findings.]

IX. CONCLUSION
{State whether discrimination did or did not occur. Conclusions must be evidence-based and defensible. Test conclusions by considering all possible rebuttal arguments from the respondent and complainant. Both respondent and the complainant should be given an opportunity to confirm or rebut the assertions of the other party and your findings, but all the evidence you’ve presented should speak for itself.}

X. RECOMMENDED ACTIONS
[Outline what should be done to remedy the findings or, if necessary, provide justice for the complainant.]

APPENDIX
[Include in the Appendix any supplemental materials that support your findings and conclusion.]

8.0 Service Area Population Characteristics

To ensure that Title VI reporting requirements are met, we will collect and maintain population data on potential and actual beneficiaries of our programs and services. This section contains relevant population data for our overall service area. This data provides context for the Title VI Nondiscrimination Program and will be used to ensure nondiscrimination in public outreach and delivery of our programs and services.

8.1. RACE AND ETHNICITY

The following table was completed using data from Census Table QT-P3, Race and Hispanic or Latino Origin: 2010:

8.2 AGE & SEX

The following table was completed using data from Census Table QT-P1, Age Groups and Sex: 2010:

Median Age 35

8.3 DISABILIY

The following table was completed using data from Census Table $1810, Disability Characteristics:

8.4 Poverty

The following table was completed using fata from the Census Table S1701, Poverty Status in the Past 12 Months:

8.5 HOUSEHOLD INCOME

The following table was completed using data from Census Table $1901, Income in the Past 12 Months (In 2013 Inflation-Adjusted Dollars):

8.5 HOUSEHOLD INCOME

The following table was completed using data from Census Table S1901, Income in the Past 12 Months (In 2013 Inflation-Adjusted Dollars):

8.6 LIMITED ENGLISH PROFICIENCY POPULATIONS

See Section 10.6

8.7 POPULATION LOCATIONS

Federal-aid recipients are required to identify the characteristics and locations of populations they serve, particularly by race/ethnicity, poverty and limited English proficiency. We will document this narratively or through maps that overlay boundaries and demographic features on specific communities, and provide this information to NCDOT, upon request.

9.0 Title VI Equity Analyses and Environmental Justice Assessments

Title VI Equity Analyses. In accordance with FTA Circular 4702.1B, a Title VI equity analysis will be conducted whenever we construct a facility, such as a vehicle storage facility, maintenance facility, or operation center. The equity analysis will be conducted during the planning stage, with regard to the location of the facility, to determine if the project could result in a disparate impact to minority communities based on race, color or national origin. Accordingly, we will look at various alternatives before selecting a site for the facility. Project-specific demographic data on potentially affected communities and their involvement in decision-making activities will be documented. Title VI Equity Analyses will remain on file indefinitely, and copies will be provided to NCDOT, upon request, during compliance reviews or complaint investigations.

Environmental Justice Analyses. As required by FTA C 4703.1, environmental justice (EJ) analyses will be conducted to determine if our programs, policies, or activities will result in disproportionately high and adverse human health and environmental effects on minority populations and low-income populations. EJ applies to our projects, such as when we construct or modify a facility, and our policies, such as when there will be a change in service, amenities or fares. Thus, we will look at various alternatives and seek input from potentially affected communities before making a final decision. Demographic data will be collected to document their involvement in the decision-making process. EJ analyses will remain on file indefinitely, and copies will be provided to NCDOT, upon request, during compliance reviews or complaint investigations.

10.0 Public Involvement 

10.1 INTRODUCTION

Effective public involvement is a key element in addressing Title V! in decision-making. This Public Participation Plan describes how Pitt Area Transit System (PATS) will disseminate vital agency information and engage the public. We will seek out and consider the input and needs of interested parties and groups traditionally underserved by transportation systems who may face challenges accessing our services, sucn as minority ana Iimited Englisn proficient (LEP) persons. Underlying these efforts Is our commitment to determining the most effective outreach methods for a given project or population.

General public involvement practices will include:

• Use of social media and other resources as a way to gain public involvement.
• Coordinating with community- and faith-based organizations such as the Hispanic Liaison, educational institutions, and other entities to implement public engagement strategies that reach out specifically to members of affected minority and/or LEP communities.
• Providing opportunities for public participation through means other than written communication, such as personal interviews or use of audio or video recording devices to capture oral comments.
• Considering radio, television, or newspaper ads on stations and in publications that serve LEP populations. Outreach to LEP persons could also include audio programming available on podcasts.

10.2 PUBLIC NOTIFICATION

Authorities with regard to our program. The primary means of achieving this will be posting and disseminating the policy statement and notice as stipulated in Sections 3.0 and 4.0, respectively. Additional measures may include verbally announcing our obligations and the public's rights at meetings, placing flyers at places frequented by targeted populations, and an equal opportunity tag-on at the end of radio announcements. The method of notification will be determined through an initial screening of the area.

10.3 DISSEMINATION OF INFORMATION

Information on Title VI and other programs will be crafted and disseminated to employees, contractors and subrecipients, stakeholders, and the general public. Public dissemination efforts may vary depending on factors present, but will generally include: posting public statements setting forth our nondiscrimination policy in eye-catching designs and locations; placing brochures in public places, such as government offices, transit facilities, and libraries; having nondiscrimination language within contracts; including nondiscrimination notices in meeting announcements and handouts; and displaying our Notice of Nondiscrimination at all our public meetings.

At a minimum, nondiscrimination information will be disseminated on our website and on posters in conspicuous areas at our office(s). Project-related information and our most current Title VI-related information will be maintained online.

10.4 MEETINGS AND OUTREACH

There is no one-size-fits-all approach to public involvement. A variety of comprehensive and targeted public participation methods will be used to facilitate meaningful public involvement. Methods for engaging stakeholders and target audiences, including traditionally underserved and excluded populations (i.e., minorities, youth, low-income, the disabled, etc.) will include the following:

Public Relations and Outreach

Public relations and outreach (PRO) strategies aim to conduct well-planned, inclusive and meaningful public participation events that foster good relations and mutual trust through shared decision-making with the communities we serve.

• We will seek out and facilitate the involvement of those potentially affected.
• Public events will aim to be collaborative, fun, and educational for all, rather than confrontational and prescriptive.
• Media plans will typically involve multiple channels of communication like mailings, radio, TV, and newspaper ads.
• Abstract objectives will be avoided in meeting announcements. Specific “attention-grabbing” reasons to attend will be used, such as “Help us figure out how to relieve congestion on [corridor name]?” or “How much should it cost to ride the bus? Let us know on [date].”
• Efforts will be made to show how the input of participants can, or did, influence final decisions.
• We will do our best to form decision-making committees that look like and relate to the populations we serve.
• We will seek out and identify community contacts and partner with local community- and faith-based organizations that can represent, and help us disseminate information to, target constituencies.
• Demographic data will be requested during public meetings, surveys, and from community contacts and committee members.

Public Meetings

“Public meeting” refers to any meeting open to the public, such as hearings, charrettes, open house and board meetings.

• Public meetings will be conducted at times, locations, and facilities that are convenient and accessible.
• Meeting materials will be available in a variety of predetermined formats to serve diverse audiences.
• An assortment of advertising means may be employed to inform the community of public meetings.
• Assistance to persons with disabilities or limited English proficiency will be provided, as required.

Small Group Meetings

A small group meeting is a targeted measure where a meeting is held with a specific group, usually at their request or consent. These are often closed meetings, as they will typically occur on private property at the owner's request.

• If it is determined that a targeted group has not been afforded adequate opportunities to participate, the group will be contacted to inquire about possible participation methods, including a group meeting with them individually.
• Unless unusual circumstances or safety concerns exist, hold the meeting at a location of the target group’s choosing.
• Share facilitation duties or relinquish them to members of the target group.
• Small group discussion formats may be integrated into larger group public meetings and workshops. When this occurs, the smaller groups will be as diverse as the participants in the room.

Community Surveying

• Opinion surveys will occasionally be used to obtain input from targeted groups or the general public on their transportation needs, the quality or costs of our services, and feedback on our public outreach efforts.
• Surveys may be conducted via telephone, door-to-door canvassing, at community fairs, by placing drop boxes in ideal locations, or with assistance from other local agencies like social services.
• Surveys will be translated into languages other than English, when appropriate.

10.5 LIMITED ENGLISH PROFICIENCY

Limited English Proficient (LEP) persons are individuals for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. These individuals reported to the U.S. Census Bureau that they speak English less than very well.

To comply with USDOT’s LEP Policy Guidance and Executive Order 13166, this section of our Title VI Plan outlines the steps we will take to ensure meaningful access by LEP persons to all benefits, services and information provided under our programs and activities. A four-factor analysis was conducted to determine the LEP language groups present in our planning area and the specific language services that are needed.

Four-Factor Analysis

In determining how to provide meaningful access to LEP persons, we will apply the four-factor analysis outlined in USDOT guidance. The four factors are:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the program, activity, or service of the recipient or grantee;
2. The frequency with which LEP individuals come in contact with the program;
3. The nature and importance of the program, activity, or service provided by the recipient to people's lives; and
4. The resources available to the recipient and costs.

Factor #1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the program, activity, or service of the recipient.

The majority of the Spanish speaking population resides in the northern areas of Pitt County.

Factor #2: The frequency with which LEP individuals come in contact with the program.

Pitt Area Transit System (PATS) does not frequently encounter LEP individuals. However, on occasion we do receive requests for information in Spanish, and occasionally encounter individuals with limited English proficiency needing assistance in scheduling transportation or understanding rider policies.

Factor # 3: The nature and importance of the program, activity, of service provided by the recipient to people’s lives.

Pitt County Transportation is a very important resource to all of our citizens, including LEP persons as we provide medical trips, dialysis trips, work related trips, as well as life sustaining trips. We provide door to door services with wheelchair accessible vehicles. All of our drivers are trained in defensive driving, CPR, Bloodborne Pathogens and ADA/Passenger sensitivity.

Factor #4: The resources available to the recipient and costs.

LANGUAGE ASSISTANCE PLAN

As a result of the above four factor analysis, a Language Assistance Plan (LAP) was not required. However, reasonable attempts will be made to accommodate any persons encountered who require written translation or oral interpretation services.

Language Assistance Measures

The following general language assistance measures are reasonable and achievable for our organization at this time:

• Translating public notices posted in the local paper and at stations, stops, and in vehicles into any languages that meet the safe harbor threshold in Factor 1.
• Vital documents—such as brochures with service times and routes—are translated into Spanish across the entire service area, and available in our facilities, doctor’s offices and shopping centers.
• Making a concerted effort to inform LEP persons of available language assistance via staff, broadcast media, relationship-building with organizations, and our website.
• Posting vital bulletin board information and disseminating community surveys in various languages.
• Providing translation and interpretive services when appropriate (upon request or predetermined) at meetings.
• Determining how best to take public involvement to LEP groups directly, including through small group meetings.
• Where possible, utilizing or hiring staff who speak a language other than English and can provide competent language assistance.
• Note: We will not ask community-based organizations (CBO) to provide, or serve as, interpreters at our meetings. Relying upon CBOs in that capacity could raise ethical concerns. If a CBO decides (on its own) to translate any materials for its constituents, or bring interpreters it trusts to our meetings, we will not object. That is their right.
• Using language identification flashcards to determine appropriate services.
• Establishing a process to obtain feedback on our language assistance measures.

Written Translation and Oral Interpretation

Vital documents will be translated for each eligible LEP language group in our service area that constitutes 5% or 1,000, whichever is less, of the population of persons eligible to be served or likely to be encountered. Translated materials will be placed online and in appropriate public (or private) places accessible to LEP persons. The safe harbor provisions apply to the translation of written documents only, and do not affect the requirement to provide meaningful access to LEP individuals through competent oral interpreters where oral language services are needed and are reasonable. When appropriate, translation of any document will be communicated orally in the appropriate language.

In the event that the 5% trigger is reached for a LEP language group that is fewer than 50 persons, written notice will be provided in the primary language of that group of the right to receive competent oral interpretation of vital written materials, free of cost. The most effective method of notice, which could be an ad in the local newspaper or other publication, a radio commercial, or door hangers, will be determined in consideration of the circumstances on the ground and in coordination with LEP community contacts.

Staff Support for Language Assistance

• Agency staff will be provided a list of referral resources that can assist LEP persons with written translation and oral interpretation, including the Title VI Officer and any outside consultant contracted to provide language services. This list will be updated as needed to remain current.
• All main offices and vehicles will have on hand a supply of language assistance flashcards and materials translated into the languages of the largest LEP language groups. When encountered by an LEP person, staff (including drivers) should present the individual with an iSpeak flashcard and let them choose the language. Do not assume you know their preferred language. Drivers are permitted to seek volunteer assistance from other passengers before contacting a referral resource. Document the encounter and report it to the Title VI Coordinator.
• Training: All employees will be instructed on our procedures for providing timely and reasonable assistance to LEP persons. New employee orientation will also explain these procedures to new hires. Staff routinely encountering LEP persons by telephone or in person will receive annual refresher training. All other employees will be reminded of LEP through annual Title VI program acknowledgements ( section 5.0) and basic Title VI trainings (section 11.0).

Project-Specific LEP Outreach

A project-specific four factor analysis will be conducted for any project or outreach event limited to a specific geographical area (i.e., the project study area or outreach area, respectively). Language assistance will be provided in accordance with the measures already outlined, including translating written materials for each LEP language group that is 5% or 1,000, whichever is less, of the project or outreach area population.

Monitoring and Updating the LAP

Monitoring of daily interactions with LEP persons will be continuous, thus language assistance techniques may be refined at any time. This Plan will be periodically reviewed—at least annually—to determine if our assistance measures and staff training are working. Resource availability and feedback from agency staff and the general public will be factors in the evaluation and any proposed updates. Among other practices, this process will include working with LEP community contacts to determine if our employees are responding appropriately to requests made with limited English or in languages other than English, and observing how agency staff responds to requests, including observing drivers or surveying riders. To the best of our ability, we will attempt to never eliminate a successful existing LEP service. Significant LEP program revisions will be approved or adopted by our board or designated official and dated accordingly. LEP data and procedures will be reviewed and updated at least once every three years.

10.6 DEMOGRAPHIC REQUEST

The following was used to collect required data on Key Community Contacts and nonelected committee members.

PATS is required by Title VI of the Civil Rights Act of 1964 and related authorities to record demographic information on members of its boards and committees. 
Please provide the following information:

Race/Ethnicity:

• [ ] White  
• [ ] Black/African American  
• [ ] Asian   
• [ ] American Indian/Alaskan Native
• [ ] Native Hawaiian/Pacific Islander
• [ ] Hispanic/Latino
• [ ] Other (please specify): _____   

National Origin: (if born outside the U.S.)

• [ ] Mexican
• [ ] Central American  
• [ ] South American
• [ ] Puerto Rico
• [ ] Chinese
• [ ] Vietnamese
• [ ] Korean
• [ ] Other (please specify): _____   

Gender: [ ] Male    [ ] Female

Disability: [ ] Yes    [ ] No

Age:

• [ ] Less than 18
• [ ] 18-29
• [ ] 30-44
• [ ] 45-64
• [ ] 65 and older

I choose not to provide any of the information requested above: [ ]

Completed forms will remain on file as part of the public record. For more information regarding Title VI or this request, please contact Pitt Area Transit System at (252) 902-2002 or by email at pitt.pats@pittcountync.gov.

Please sign below acknowledging that you have completed this form.

Name (print): _______
Signature: _______

Implementation

• Forms will be completed prior to NCDOT Title VI reviews and remain on file for three years.
• All new and existing members of appointed decision-making boards or committees will be required to complete this form for reporting purposes.
• If a member, for whatever reason, selects “I choose not to provide any of the information requested above,” this will be accepted as a completed form.
• If a member chooses not to provide any of the information on the form, the Title VI Coordinator will be permitted to indicate that member's race and gender, based on the Coordinator's best guess.
• Data from these forms will be used to complete the Demographic Request Table.
• Once a new member submits this form, the Demographic Request Table for the associated committee will be updated.

10.7 KEY COMMUNITY CONTACTS

Contact information for key community contacts is not public information and is maintained outside of this document. Any staff member who wishes to contact any individual listed above must request that information from the Title VI Coordinator.

10.8 SUMMARY OF OUTREACH EFFORTS MADE SINCE LAST TITLE VI PROGRAM

The following format is used to document PATS outreach efforts in reports to NCDOT. All meetings and disseminations of information capture information for the table below:

11.0 Staff Training/h2>

All employees will receive basic Title VI training at least once every three years. New hires will receive this training within 15 days of their start date. Basic training will cover all sections of this Plan and our overall Title VI obligations. Staff may receive specialized training on how Title VI applies to their specific work areas. Those who routinely encounter the public, such as office personnel, call center staff, and vehicle drivers, will receive annual refresher training. Trainings will be provided or organized by the Title VI Coordinator and will often coincide with updates to our nondiscrimination policies and procedures. Records of staff trainings, such as agendas, sign-in sheets, copies of calendars, and certificates, will remain on file for at least three years (and in personnel files).

12.0 Nonelected Boards and Committees — By Race and Gender

The table below depicts race and gender compositions for each of our nonelected (appointed) decision- making bodies. Member names and full demographics for each committee are available, upon request.

Strategies for Representative Committees

Diversification goals will be provided to our nonelected boards and committees to help ensure that their membership mirrors our service area demographics, as adequately as possible. We will provide periodic updates on our outreach efforts at meetings. When there is an opening on a board or committee, we will ensure the following:

• Current members will be made aware of diversity goals and polled for nominees.
• Officials from local minority groups will be made aware of the diversity goals and polled for nominees.
• Key Contacts from LEP groups will be contacted and polled for nominees.
• Arecruitment notice fora Board Member opening will be posted on our website.
• An advertisement of recruitment notice for a Board Member will be placed with the local newspaper and other publications popular with minorities and other protected groups.

13.0 Record-Keeping and Reports

As a subrecipient of FTA funds through NCDOT, we are required to submit a Title VI Program update to NCDOT every three years, on a schedule determined by NCDOT. Records will be kept to document compliance with the requirements of the Title VI Program. Unless otherwise specified, Title VI-related records shall be retained indefinitely. These records will be made available for inspection by authorized officials of the NCDOT and/or FTA. Reports on Title VI-related activities and progress to address findings identified during Title VI compliance reviews may also be provided, upon request. It will occasionally be necessary to update this Title VI Plan or any of its components (e.g., complaints, Public Involvement, and LEP). Updates will be submitted to NCDOT for review and approval and adopted by our Board when required.

In addition to items documented throughout this Plan, records and reports due at the time of compliance reviews or investigations may include:

Compliance Reviews

• Title VI Program Plan
• List of civil rights trainings provided or received
• Summaries from any internal reviews conducted
• Ads and notices for specific meetings
• Findings from reviews by any other external agencies
• Title VI equity analyses and EJ assessments
• Discrimination Complaints Log

Complaint Investigations

• Investigative Reports
• Discrimination complaint, as filed
• List of interviewees (names and affiliations)
• Supporting Documentation (e.g., requested items, photos taken, dates and methods of contact, etc.)

14.0 Transit Providers

This section applies to providers of fixed public transportation only. PATS does not provide any fixed route service.

Appendix A
Applicable Nondiscrimination Authorities

During the implementation of this Title VI Program, the organization, for itself, its assignees and successors in interest, is reminded that it has agreed to comply with the following non-discrimination statutes and authorities, including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
• Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq., Pub. L. 88-352), (prohibits employment discrimination on the basis of race, color, creed (religion), sex, or national origin);
• 49 CFR Part 26, regulation to ensure nondiscrimination in the award and administration of DOT- assisted contracts in the Department's highway, transit, and airport financial assistance programs;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP).

Appendix B 

Organizational Chart

Citizens > County Commissioners > County Manager > Deputy County Manager > Transportation Advisory Board (TAB) & Transportation Director Title VI Coordinator

Appendix C - NCDOT’s Compliance Review Checklist for Transit

(please note this is a summary - to request official document / transcript please contact Pitt Area Transit System)

I. Program Administration (General Requirements)

Requirement: FTA C 4702.1B — Title VI Requirements and Guidelines for FTA Recipients, Chapter III — General Requirements and Guidelines.

Note: Every NCDOT subrecipient receiving any of the FTA Formula Grants listed above must complete this section.

Requested Items

1. A copy of the recipient’s signed NCDOT’s Title VI Nondiscrimination Agreement
2. Title VI Policy Statement (signed)
3. Title VI Notice to the Public, including a list of locations where the notice is posted
4. Type the name and title of your Title VI Coordinator and attach a list of their Title VI duties
   Name/Title: 
5. Title VI Complaint Procedures (i.e., instructions to the public regarding how to file a Title VI discrimination complaint)
6. Title VI Complaint Form
7. List of transit-related Title VI investigations, complaints, and lawsuits (i.e., discrimination complaints log)
8. Public Participation Plan, including information about outreach methods to engage traditionally underserved constituencies (e.g., minorities, limited English proficient populations (LEP), low-income, disabled), as well as a summary of outreach efforts made since the last Title VI Program submission
9. Language Assistance Plan for providing language assistance to persons with limited English proficiency (LEP), based on the DOT LEP Guidance, which requires conducting four-factor analyses
10. A table depicting the membership of non-elected committees and councils, the membership of which is selected by the recipient, broken down by race, and a description of the process the agency uses to encourage the participation of minorities on such committees
11. A copy of board meeting minutes, resolution, or other appropriate documentation showing the board of directors or appropriate governing entity or official(s) responsible for policy decisions reviewed and approved the Title VI Program
12. A description of the procedures the agency uses to ensure nondiscriminatory administration of full programs and services
13. If you pass through FTA funds to other organizations, include a description of how you monitor your subrecipients for compliance with Title VI, and a schedule for your subrecipients’ Title VI Program submissions.
    > No Subrecipients
14. A Title VI equity analysis if you have constructed or conducted planning for a facility, such as a vehicle storage facility, maintenance facility, operation center, etc.
    > No Facilities Planned or Constructed
15. Copies of environmental justice assessments conducted for any construction projects during the past three years and, if needed based on the results, a description of the program or other measures used or planned to mitigate any identified adverse impact on the community
    > No Construction Projects
16. If the recipient has undergone a Title VI Compliance Review in the last 3 years, please indicate the year of the last review and who conducted it.
    Year/Agency: __________

II. Transit Providers

Requirement: FTA C 4702.1B, Chapter IV — Requirements and Guidelines for Fixed Route Transit Providers.

Note: All NCDOT subrecipients that provide fixed route public transportation services (e.g., local, express or commuter bus; bus rapid transit; commuter rail; passenger ferry) must complete this section.

Not Applicable (This section does not apply if only demand response services are provided.)

Requested Items

17. Service standards (quantitative measures) developed for each specific fixed route mode that the recipient provides must be submitted for each of the following indicators:
    • Vehicle load for each mode (Expressed as the ratio of passengers to the total number of seats on a vehicle. For example, on a 40-seat bus, a vehicle load of 1.3 means all seats are filled and there are approximately 12 standees.)
    • Vehicle headway for each mode (Measured in minutes (e.g., every 15 minutes). Headway refers to the amount of time between two vehicles traveling in the same direction on a given line. A shorter headway corresponds to more frequent service. Service frequency is measured in vehicles per hour (e.g., 4 buses per hour).)
    • On-time performance for each mode (Expressed as a percentage, this is a measure of runs completed as scheduled. The recipient must define what is considered to be “on time.” Performance can be measured against route origins and destinations only, or also against specified time points along a route.)
    • Service availability for each mode (A general measure of the distribution of routes within a service area, such as setting the maximum distance between bus stops/train stations, or requiring that a percentage of residents be within a one-quarter mile walk of bus service.)
18. Service policies (system-wide policies) adopted to ensure that service design and operations practices do not result in discrimination on the basis of race, color, or national origin must be submitted for each of the following:
    • Transit amenities for each mode (e.g., benches, shelters, printed materials, escalators, elevators, and waste receptacles. Attach this information only if you have decision-making authority over siting transit amenities or if you set policies to determine their siting.)
    • Vehicle assignment for each mode (Refers to the process by which transit vehicles are placed into service, including how vehicles are distributed across routes to avoid discrimination.)

Title VI Nondiscrimination Agreement

Between The North Carolina Department of Transportation AND Pitt Area Transit

In accordance with DOT Order 1050.2A the Pitt Area Transit System assures the North Carolina Department of Transportation (NCDOT) that no person shall, on the ground of race, color, national origin, sex, creed, age, or disability, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987 and related nondiscrimination authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination or retaliation under any program or activity undertaken by Pitt Area Transit.

Further, the Pitt Area Transit hereby agrees to:

1. Designate a Title VI Coordinator that has a responsible position within the organization and easy access to the Director of the organization.
2. Issue a policy statement, signed by the Director of the organization which expresses a commitment to the nondiscrimination provisions of Title VI and related applicable statutes. The signed policy statement shall be posted and circulated throughout the organization and to the general public and published where appropriate in languages other than English. The policy statement will be re-signed when there is a change of Director.
3. Insert the clauses of the contract language from Section 6 in every contract awarded by the organization. Ensure that every contract awarded by the organization’s contractors or consultants also includes the contract language.
4. Process all and, when required, investigate complaints of discrimination consistent with the procedures contained within this Plan. Log all complaints for the administrative record.
5. Collect statistical data (race, color, national origin, sex, age, disability) on participants in, and beneficiaries of, programs and activities carried out by the organization.
6. Participate in training offered on Title VI and other nondiscrimination requirements. Conduct or request training for employees or the organization’s subrecipients.
7. Take affirmative action, if reviewed or investigated by NCDOT, to correct any deficiencies found within a reasonable time period, not to exceed 90 calendar days, unless reasonable provisions are granted by NCDOT.
8. Document all Title VI nondiscrimination-related activities as evidence of compliance. Submit information and reports to NCDOT on a schedule outlined by NCDOT.

This Agreement is given in consideration of, an for the purpose of obtaining, any and all federal funds, grants, loans, contracts, properties, discounts or other federal financial assistance under all programs and activities and is binding.

Title VI NON-DISCRIMINATION POLICY STATEMENT- Director

3.0 Title VI NONDISCRIMINATION POLICY STATEMENT

It is the policy of Pitt Area Transit (PATS) as a federal aid-recipient to ensure that no person shall, on the ground of race, color, national origin, sex, creed (religion), age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under any of our programs and activities, as provided by Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, and all other related nondiscrimination laws and requirements.

All employees and representative of Pitt Area Transit are expected to consider, respect, and observe this policy in their daily work and duties. If any person approaches you with a civil rights-related question or complaint please direct him or her to Misty Chase at 252-902-2010.

In all dealing with the public, use courtesy titles to address or refer them to them without regard to race, color, national origin, sex, age or disability.

| hereby acknowledge receipt of Pitt Area Transit Title VI Program and | am committed to ensuring that no person is excluded from participation in or denied the benefits of Pitt Area Transit programs, policies, services and activities based on race, color, national origin, sex, age, creed (religion) or disability, as provided by the Title VI of the Civil Rights Act of 1964 and related nondiscrimination statues.

Signature - Misty Chase
Date 4/15/24