Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L....

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Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Transcript of Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L....

Page 1: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Title VI, Environmental Justice, and Customer Service

January 24, 2013

Presented by:Robbie L. Sarles, President

RLS & Associates, Inc.

Page 2: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Objectives

♦ Overview of civil rights legislation requirements for transit

♦ Enable agencies to develop appropriate Title VI plans and assess compliance

♦ Provide guidance on the development of public participation plans

Page 3: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Objectives♦ Provide guidance on methods to eliminate

or prevent civil rights violations♦ Provide effective customer service insights

and tools

Page 4: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Civil Rights Related Requirements for Transit

♦ Title VI of the Civil Rights Act of 1964♦ Providing Language Access to Persons with

Limited English Proficiency (LEP) – Executive Order 13166

♦ Environmental Justice – Executive Order 12898

Page 5: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Title VI and ADA

Title VI♦ Protection based on race,

color, or national origin

♦ Is not enforceable in court and does not create any rights or remedies

ADA♦ Protection based on

disability

♦ Is enforceable in court and does create rights and remedies

Page 6: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Unintentional Discrimination

Transit service discrimination can occur in many ways, including:

○ Assigning buses to routes (old vs. new buses)○ Crowding allowed on buses○ Service headways○ Service on-time performance○ Temporal distribution of service (time of day,

day of week)

Page 7: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

FTA’s Title VI Circular♦ Distinguishes between Title VI and

Environmental Justice by creating two circulars○ Title VI Requirements and Guidance for Federal

Transit Administration Recipients, FTA C 4702.1B○ Environmental Justice Policy Guidance for Federal

Transit Administration Recipients, FTA C 4703.1

♦ Considered equally important

Page 8: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Circulars♦ Title VI Circular – 4702.1B issued August 28,

2012, effective October 1, 2012♦ Environmental Justice Circular – 4703.1 issued

July 14, 2012, effective August 15, 2012

Page 9: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Title VI♦ Applies to all FTA recipients and sub-recipients

○ “No person in the United States shall, on the grounds 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.”

○ 42 U.S.C., Section 2000d

Page 10: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Anyone intended to be the beneficiary of, applicant for, or participant in a Federally assisted program

♦ Applies to all persons○ All races○ All shades of color○ National Origin

Title VI Protects:

Page 11: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Recipient○ State DOT○ Transit Agency○ Any Public or Private agency receiving FTA

Funding♦ Subrecipient

○ Pass through recipient of FTA Financial Assistance

Applicability

Page 12: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Later statutes extended the scope of Title VI to include prohibitions against discrimination on the basis of income, age, sex, and disability

Institution-wide

Page 13: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Prohibits disparate impact discrimination○ Practice lacks a substantial legitimate justification○ There are other comparable alternatives that

would result in less disparate impact○ The justification is a pretext for discrimination

♦ Intentional discrimination○ Disparate treatment

DOT and DOJ Regulation

Page 14: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

DOT Title VI Regulations♦ Recipients may not:

○ Deny any protected individual service, financial aid, or benefit under the program

○ Provide any service, financial aid, or benefit that is different for protected individuals from that provided to others

○ Subject a protected individual to segregation or separate treatment

Page 15: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

DOT Title VI Regulations

♦ Recipients may not: (continued)○ Restrict a protected individual in the employment

of any advantage or privilege enjoyed by others○ Treat protected individuals differently in terms of

whether they satisfy admission, eligibility, or membership requirements

○ Deny a protected individual the opportunity to participate in the provision of services

Page 16: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Recipients may not: (continued)○ Deny a protected individual the opportunity to

participate as a member of a planning or advisory body

○ Use criteria or methods of administration that have the effect of subjecting individuals to discrimination

DOT Title VI Regulations

Page 17: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

DOT Title VI Regulations♦ Recipients may not: (continued)

○ Make decisions in regard to facility location with the purpose or effect of subjecting persons to discrimination

○ Discriminate with regard to the routing, scheduling, or quality of transit service

Page 18: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

DOT Title VI Regulations♦ Recipients may not: (continued)

○ Use race, color, or national origin as a basis for determining frequency of service, age and quality of vehicles assigned to routes, quality of stations serving different routes, and location of routes

Page 19: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Recipients MUST:○ Take affirmative action to assure non-

discrimination

DOT Title VI Regulations

Page 20: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

FTA Guidance for Compliance♦ Title VI Program Guidelines to FTA Recipients

○ FTA Circular 4702.1B○ Proposed circular was published September 29,

2011 and became effective October 1, 2012♦ www.fta.dot.gov

○ Civil rights/accessibility

Page 21: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

FTA Guidance for Compliance♦ Annual Title VI Assurances

○ Annual certification and assurance submission♦ Direct Recipient Plan Submission

○ Every 3 Years

Page 22: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Eight Required Actions

1. Develop Title VI complaint procedures○ Develop method for filing complaints○ Timeframe for accepting complaint○ Investigation and resolution timeframe○ Who investigates the complaint○ Who resolves the complaint○ Develop method for investigating and tracking

complaints

Page 23: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Eight Required Actions2. Record Title VI investigations, complaints,

and lawsuits○ Maintain a list of active investigations conducted

by entities other than FTA, lawsuits or complaints alleging discrimination

Date filed Summary of allegation Current status Actions taken in response

Page 24: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Eight Required Actions3. Provide meaningful access to persons with

Limited English Proficiency – benefits, services, information, and other important portions of their programs○ Develop an LEP Plan or equivalent

Page 25: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

4. Notify beneficiaries of Title VI protections○ Disseminate information to public

Statement that agency operates programs without regard to race, color, national origin, sex, age, income, or disability (should be included in all printed materials regarding service)

Procedures for requesting additional information on non-discrimination obligations

Complaint procedures

Eight Required Actions

Page 26: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

4. Notify beneficiaries of Title VI protections (Continued)○ Use variety of dissemination methods○ General notification○ Document translation○ See example

Eight Required Actions

Page 27: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

5. Provide additional information upon request○ In response to a complaint investigation○ To resolve concerns about possible non-

compliance

6. Prepare and submit a Title VI program○ Report certain general information as part of

grant application

Eight Required Actions

Page 28: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

7. Analyze impact of construction projects○ National Environmental Policy Act (NEPA)○ Categorical exclusion○ ODOT will work with each system to determine

when a NEPA analysis is required

Eight Required Actions

Page 29: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

8. Promote inclusive public participation○ Conduct public outreach and involvement

activities with minority and low-income individuals

○ Agency determines most appropriate approach Should seek out and consider the viewpoints of

minority, low-income, and LEP populations when conducting public outreach and involvement activities

Early and continuous opportunity for input

Eight Required Actions

Page 30: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Guidance for Transit Agencies♦ Certify your compliance♦ Document Title VI complaints/lawsuits♦ Inform public of your Title VI policy and

complaint process○ Post complaint process in public locations and

public documents○ Provide direction of where complaint process can

be found

Page 31: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Prepare demographic analysis○ Maps with overlays showing distribution of service

to protected populations♦ Set system-wide service standards

○ Vehicle load, headway, assignment, access, amenities

♦ Monitor and compare♦ Assess impact of service and fare changes

Guidance for Transit Agencies

Page 32: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Guidance for Transit Agencies♦ ODOT is currently working through the

processes to enable them to assist with the development of demographic information such as maps

♦ Reporting accurate service standard data is critical in ODOT’s ability to set service standards

Page 33: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Guidance for Transit Agencies♦ Document procedures for informing protected

populations of upcoming service changes♦ Provide a racial breakdown of non-elected

boards, advisory councils, and committees○ Encourage participation of protected populations’

representatives

Page 34: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Potential Title VI Issues♦ Unintentional exclusion of groups from the

decision process♦ Failure to consider impacts of alternatives

and programs on groups♦ Disproportionate impact

Page 35: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

What is Public Participation♦ “Public participation in the transportation field is

the process through which transportation agencies inform and engage people in the transportation decision-making process. The goals of public involvement are to provide information to the public and obtain feedback on analysis, recommendations, or decisions.” Public Participation Strategies for Transit; Transportation Research Board; TCRP Synthesis #89; 2011

Page 36: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation♦ Effective public participation is:

○ Functional for planning Helps create better decisions

○ Meaningful to the public Provides opportunity to influence decisions Promotes a sense of ownership in the transit system

Page 37: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Plan♦ Effective Public Participation Plans should:

○ Link public participation to planning○ Recognize the intended public audience ○ Define the transit system’s intentions for public

participation

Page 38: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Plan

Public Participation Plans must:• Comply with Title VI and EJ Regulations• Be inclusive• Be appropriate for service and service area • Be practical • Be do-able• Be documentable

Page 39: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Plan♦ Developing and implementing a good Public

Participation Plan can be difficult. And, it is made more difficult when trying to engage traditionally hard to reach populations such as people with limited English language proficiency and low-income and minority communities

Page 40: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Plan♦ The four cornerstones of the Public

Participation Plan are:○ Purpose ○ People○ Methods○ Evaluation

Page 41: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Purpose♦ What the public is involved to do and when ♦ The Plan’s Purpose should:

○ List planning tasks to create a transit plan○ Establish which tasks require or benefit from

public involvement○ Evaluate when planning tasks must be achieved

and when the public must be involved

Page 42: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

People♦ Identifies those who are involved in

community transit planning♦ This Cornerstone should:

○ Describe the public that will be involved in the process

○ Describe the transit officials and local officials that will be involved in the process

Page 43: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Methods♦ Identifies the specific methods for involving

the public to achieve the tasks♦ Methods are to:

○ Increase the public’s awareness of planning participation activities

Page 44: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Evaluation♦ Documentation and evaluation of public

participation♦ In the Evaluation portion you will:

○ Outline and establish procedures for documenting public participation and a protocol for evaluating public participation activities and results

Page 45: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Plan♦ If your Plan says you are going to do

something, then you have to actually do it and be able to provide documentation to ODOT (as part of the TAR reviews)

Page 46: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Incorporate Title VI requirements into policies and procedures

1. Scheduling policies

2. Fare polices

3. Eligibility policies

4. Service area policies

Page 47: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Encourage and seek participation from those directly impacted

1. Who is impacted?

2. Where do I find those who are impacted?

3. How do I find the most appropriate meeting location and time?

Page 48: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Contact minority community leaders, organizations, media, and safety and enforcement agencies

1. Churches

2. Civic Groups

3. Homeless Shelters

Page 49: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Conduct community/public meetings1. Where should meetings be held?

2. Who should be invited to the meetings?

3. How should I promote and advertise meetings to encourage attendance?

Page 50: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Participate on civic and advisory committees

1.Workforce Development Boards

2.Community Action Boards

3.United Way Boards

Page 51: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Set appropriate meeting location, time, and day and ensure accessibility and other needs are accommodated

1. Civic Centers and Community Centers

2. Schools and Libraries

3. Evening meetings

4. Saturday meetings

Page 52: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation♦ Demonstrate consideration of community

input in printed and communication materials

1. Publish participation results in local newspaper

2. Announce results on local radio

3. Post results on website

Page 53: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Focus outreach to allow minorities and LEP populations the opportunity for involvement1.Take the meeting to the people

2.Spend time in the community

3.Utilize the entire family of communication, including word of mouth

Page 54: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Conduct awareness and sensitivity trainings 1. Provide training to front line staff

2. Provide training to transit leaders

3. Provide training to stakeholders

Page 55: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation

Allow adequate time for public comment 1. Keep surveys, input opportunities available • Allow adequate response time at least 45 days

Page 57: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Public Participation Meetings

1. Hold in accessible facility

2. Meeting notice should contain process to request alternate documents and assistive services

3. Public service announcements must be closed captioned

Page 58: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ FTA Recipients must 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 LEP

Limited English Proficiency – Title VI Requirements

Page 59: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Provide Meaningful Access to Persons with LEP and Low Literacy♦ Persons with Limited English Proficiency

(LEP)○ Persons who do not speak English as their primary

language○ Persons who have a limited ability to read, write,

speak, or understand English

Page 60: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Provide Meaningful Access to Persons with LEP and Low Literacy♦ Households with Limited English

Proficiency (LEP)○ No one over age 14 speaks English well, and is

linguistically isolated

Page 61: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

LEP Population in the U.S.♦ More than 25 million do not speak English at

all or well♦ Increased by 80% from 1990 to 2010

Page 62: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

LEP Population in the U.S.♦ Other common languages

○ Spanish○ Chinese○ Vietnamese○ Korean

♦ Greater than 11% of LEP persons take transit to work

Page 63: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Low Literacy♦ National Literacy Council defines “low

literacy” as:○ “An individual’s ability to read, write, and speak

English and compute and solve problems at levels of proficiency necessary to function on the job and in society, to achieve one’s goals, and develop one’s knowledge and potential.”

Page 64: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Low Literacy♦ On a scale of 1 – 5, 21% had the lowest

literacy skills (level 1) and 27% had the second lowest (level 2)

Page 65: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

LEP Executive Order 13166

♦ Each Federal agency shall examine the services it provides and develop and implement a system by which LEP persons can meaningfully access those services

♦ Required in all State DOT and FTA program applications and proposals (ODOT currently assures compliance at all transit systems

Page 66: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

DOT LEP Guidance♦ Two methods

○ Agencies serving significant populations of LEP persons

Develop a language implementation plan

○ Agencies serving small populations of LEP persons Implement procedures to reasonably provide

meaningful access

Page 67: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Significant LEP Population – Develop a Language Implementation Plan

♦ FTA publication○ “Implementing the Department of Transportation’s

Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons: A Handbook for Public Transportation Providers”

Page 68: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Four Factors Included in Plan

1. Identify number or proportion of LEP persons eligible or likely to be served○ Compare service area with geographic distribution

of LEP persons

Page 69: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Four Factors Included in Plan

2. Determine frequency with which LEP persons come into contact with the service○ Track number of calls or service requests made by

LEP persons○ Track number of requests for a translator or travel

trainer○ Track number of LEP persons that attended public

meetings or outreach activities

Page 70: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

3. Define the nature and importance of the program, activity, or service provided to LEP persons○ System’s mission statement○ Provide a trip purpose summary○ List major trip generators

Four Factors Included in Plan

Page 71: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Four Factors Included in Plan

3. Define the nature and importance of the program, activity, or service provided to LEP persons (continued)○ Type of Information

Fares/Tickets Route and Schedules Safety/Security/Evacuation

Page 72: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

4. Identify resources and costs associated with providing meaningful access to LEP persons○ Identify others in community that address the

needs of LEP persons○ Identify resources available in local community

Resources that can provide oral and written translation

Four Factors Included in Plan

Page 73: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Safe Harbor○ 5% or 1,000 individuals○ Written translation of vital documents for each

group

If you are a transit system claiming Safe Harbor you MUST support the claim with factual documentation

Safe Harbor and LEP Thresholds

Page 74: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Vital Documents○ Documents critical for accessing recipients

services or benefits○ Letters requiring response from customer○ Informing customers of free language assistance○ Complaint forms○ Notification of rights

Safe Harbor and LEP Thresholds

Page 75: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Small LEP Population – Implement Reasonable Procedures to Provide

Meaningful Access♦ No written plan requirement♦ Minimum recommendations

○ Summaries of vital documents should be translated upon request

○ Qualified community volunteers should be engaged to provide oral translation when needed

♦ Other actions as appropriate

Page 76: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Reasonable Steps

♦ Smaller agencies are encouraged to explore the most cost-effective means of delivering competent and accurate language services before limiting services due to resource concerns

♦ Reduce cost by technological advances, reasonable business practices, and sharing language assistance materials and resources

Page 77: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Reasonable steps – Providing Language Assistance

♦ Oral interpretation in person○ Train bilingual staff to serve as interpreters or translators○ Use qualified community volunteers to provide interpretive

services○ Hire qualified interpreters for critical presentations/

meetings provided to a high volume of LEP persons♦ Oral interpretation via commercially available

telephonic interpretation services

Page 78: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Reasonable steps – Providing Language Assistance

♦ Guidance on oral interpretation services○ Ensure competency of interpreters○ Ensure interpretation is made in a timely manner○ Utilize skills of existing staff○ Contract with interpreters when there is no

regular need for a particular language skill

Page 79: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Written translation○ Translate entire reports that provide essential

information○ Translate a short description of the report○ Translate reports upon request

Reasonable steps – Providing Language Assistance

Page 80: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Reasonable steps – Providing Language Assistance

♦ Written Translation (continued)○ Use qualified translators to make sure

documents are accurate○ Translate into languages where there is

identified need (four factor analysis)○ Use pictures/pictograms for low-literacy

persons

Page 81: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Use of Pictograms where possible♦ Use Language identification cards (U.S.

Census)♦ Advertise in Ethnic Media

Other Suggestions

Page 82: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Elements of an Effective Implementation Plan on Language Assistance

♦ Conduct needs assessment – 4 Factor Analysis♦ Develop language assistance measures♦ Train staff♦ Translate vital documents as appropriate♦ Provide notice to LEP persons♦ Expand outreach efforts♦ Monitor and update plan

Page 83: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Engaging Low-Literacy and LEP Populations in Transportation Decision

Making♦ Hold public meeting(s) in accessible locations

and at accessible times♦ Provide notice through radio announcements♦ Be observant and sensitive to people who

cannot read English♦ Give opportunity to provide verbal comments♦ Use maps, diagrams, pictures

Page 84: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

New Title VI Circular ♦ Effective October 1, 2012♦ Requirements remain primarily the same♦ Clarifies regulations and requirements♦ Removal of most references to Environmental

Justice (EJ) (replaced by new EJ Circular that provides distinct framework to assist grantees integrate EJ principles)

Page 85: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

New Title VI Circular ♦ All FTA Recipients (ODOT) must submit to

FTA:○ Title VI Notice to the Public○ Complaint Procedures○ Complaint Form○ Limited English Proficiency Plan & Public

Involvement Plan○ List of investigations, lawsuits, and complaints

Page 86: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

New Title VI Circular ♦ All FTA recipients must submit…(continued):

○ Information regarding siting of fixed facilities (not construction projects)

○ Table depicting racial composition of membership of non-elected bodies

♦ All transit providers regardless of size must adopt service standards and policies

Page 87: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

New Title VI Circular♦ Large transit providers – annual operating

budgets of $10 million or more – must submit:○ Monitoring program○ Service and fare equity analysis○ Demographic analysis of customers○ Customer demographics and travel patterns

Page 88: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

New Title VI Circular ♦ Includes templates and checklist for

information submitted to FTA♦ Flow charts of responsibilities ♦ Updated Title VI plans due dates: (from ODOT)

○ Plans that expired prior to October 1, 2012 were due to FTA prior to October 1, 2012 (compliant with Circular 4702.1A)

○ Plans that expire after October 1, 2012 must submit a plan compliant with 4702.1B by April 1, 2013

Page 89: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Title VI Plan Due Dates♦ ODOT must comply with FTA established

due dates○ All grantees are required to be in compliance

based on the dates provided by ODOT

All grantees should have already submitted a Title VI plan

Public Participation Plans are due by January 30, 2013

Page 90: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Title VI Circular – State Requirements

♦ Clarifies existing requirements♦ Requires demographic maps that overlay the

percent minority and non-minority populations

♦ Requires charts that analyze the impacts of the distribution of state and federal funds

Page 91: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Circular♦ Provides framework for integrating EJ principles

in transportation decision-making processes♦ Discusses public outreach strategies when

engaging EJ populations○ Planning○ Decision making○ Environmental reviews

♦ Discusses meaningful demographic information

Page 92: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Circular♦ Three principles of EJ

1. Avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects

Minority populations Low-income populations

Page 93: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Circular♦ Three principles of EJ (continued)

2. Ensure full and fair participation by all potentially affected communities in the transportation decision-making process

3. Prevent the denial of, reduction in, or signification delay in receipt of benefits by minority or low-income populations

Page 94: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Circular ♦ Three fundamental steps for an EJ analysis

1. Determine if there are any EJ populations potentially impacted

2. Consider potential effects

3. Determine whether any disproportionally high and adverse effects can be avoided, minimized, or mitigated and if there are off-setting benefits

Page 95: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Population Compared to General Population

♦ ‘Meaningfully greater’ determined on a case by case basis

♦ Always when the percentage of minority population exceeds 50%

Page 96: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Environmental Justice Analysis Required For:

♦ Service cuts, changes, or restructuring ♦ Building or extending a rail line♦ Establishing a multi-modal station♦ Increasing fares♦ Building new facilities

Page 97: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Ensuring Compliance♦ ODOT Procedures for securing compliance

○ Identify deficiency or non-compliance Technical Assistance Review (TAR) Compliant required review process

○ Notification to recipient Letter of finding

○ Recipient response Planned corrective action Sufficient justification for action

Page 98: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

♦ Procedures for securing compliance (continued) ○ Final decision

ODOT USDOT Department of Justice

♦ Enforcement Proceeding○ Suspend or terminate Federal financial assistance

Ensuring Compliance

Page 99: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Customer Service

Page 100: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Customer Service in Public Transportation

♦ No Industry Can Prosper That Does Not Place The Customer First

♦ Customer-Focused Public Transportation Can Make a Difference

♦ To Be Successful, Systems Must Implement Agency-Wide, Results-Oriented, Customer-Focused Programs

Page 101: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Obstacles to Good Customer Service

Indifferent Employee AttitudesUnion OppositionLack of Support From Other DepartmentsUnderstaffingInadequate Communications Between

Departments

Page 102: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Obstacles to Good Customer Service

Inadequate Computer Systems/ TechnologyInadequate Training in People SkillsInadequate Driver Selection CriteriaLow Morale – No Team SpiritConflicting Organizational Policies and

ProceduresFunding Limitations

Page 103: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Customer Service Goals

Increase Customer SatisfactionIncrease RidershipImprove System ImageIncrease Community Support

Page 104: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

LACK OF EMPATHY AND UNDERSTANDING

Misfocus Attention

Page 105: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

State of the Art Customer-Focused Transit Programs

General Interaction Between the Customer and Transit System

Obtaining and Using Customer InputInvolving Employees in Customer-Focused

Transit ServiceMethods to Achieve Customer Satisfaction

Page 106: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General Interaction Between the Customer and Transit System

Mission StatementPublic Route TimetablesSystem MapsWeb Page

Page 107: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General InteractionMission Statements

“The Mission of Southwest Airlines is dedication to the highest quality of customer service delivered with a sense of warmth, friendliness, individual pride and company spirit.”

Page 108: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General InteractionMission Statements

“With our customer-first focus to exceed guest’s expectations, we pledge to provide a safe, dependable, and clean public transit system – delivered by a spirited, diverse workforce accountable to the people of our community.”

Page 109: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General InteractionGeneral Information

Public ForumRegional Transit MapVisitor Map and Transit GuideTransit Rider’s HandbookTransit Information Call Center

Page 110: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General InteractionGeneral Information

Virtual Ride Guide on WebsiteInformation and BrochuresInformation Kiosks/Bus Stop SignsPrint AdvertisingTV/Radio Advertising

Page 111: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

General InteractionTechnology

Electronic Scrolling SignsReal Time Vehicle Location InformationInternet Connections to Timetables

Page 112: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Obtaining and Using Customer InputMonitor ComplaintsPublic ForumsOn-Board SurveysTelephone SurveysEmployee MeetingsFocus Groups – Honest FeedbackConsumer Driven Planning Workshops

Page 113: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Involving Employees in Customer-Focused Public Transportation

♦ Employee Involvement is Key to Success Top to Bottom

♦ Must be Reflected in Corporate Culture

Page 114: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Involving EmployeesEmployee Training

Effective Verbal SkillsEffective Non-Verbal CommunicationSituational ExamplesEmpathetic Handling of SituationsEstablish Employee’s Credibility as a

Professional

Page 115: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Involving EmployeesEmployee Training

How to Develop a Positive Responsive Relationship

How to Add Value to the ServiceMake Every Interaction PositiveBeing Knowledgeable, Dependable, Reliable

Page 116: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Methods to Achieve Customer Satisfaction/Customer Loyalty

Rider DiscountsGuaranteed Ride HomeCustomer Loyalty Promotions

Page 117: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

What is Missing?

Page 118: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your CustomersTo Help you Determine Your System’s

Vision, Goals, and ObjectivesTo Guide Planning EffortsTo Aid in the Decision-Making ProcessTo Help Transit Management, Board,

Drivers and Customer Service Agents Stay Focused

Page 119: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your CustomersTo Avoid MistakesTo Build RelationshipsTo Generate LoyaltyTo Develop Political SupportTo Mobilize Your System’s Best

SupportersTo Satisfy Your Mission

Page 120: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your Customers

Understand Passenger Point of View, But Don’t be Limited by it, or Create

Unrealistic Expectations

Page 121: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your CustomersImportant Customer Service Questions

o What are our customers’ lives really like?o What do they value?o What are their physical needs?o What is their psychological well being?o How does this translate to service needs?o What are their wants?o What are their aspirations?

Page 122: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your Customers♦ Important Customer Service Questions

o What motivates them?o What discourages them?o What are peoples’ bottom line expectations?o What must we do to meet and exceed this

expectation every time?o How can we best communicate to our customers?

Page 123: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your CustomersWhat are peoples’ bottom line expectations?What must we do to meet and exceed this

expectation every time?How can we best communicate to our

customers?How can we identify what we need to do better?

Page 124: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your CustomersKnowing Your Customer’s Travel Needs

o Who are your customers?o Why are they traveling?o Why are they using your service?o When to they travel?o Where do they go?o What other modes of travel to they use?

Page 125: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your Customers♦ Knowing Your Customer’s Travel Needs

○ In what circumstances do they use transit?○ What other locations and times do they

want/need service?○ What problems do they encounter?

Those they complain about? Those they accept as normal?

○ What aren’t they telling you?

Page 126: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Get to Know Your Customers

♦ What do you know about customers you lost?

♦ What do you know about potential customers?

♦ How can we identify what we need to do better?

Page 127: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Different Populations Have Different Needs

Service

Security

Technology

Page 128: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

How Can We Improve?Finding and retaining quality employeesKnowing your customers intimatelyFocusing departments on organizational

purposeCreating “easy to do business with”

delivery systemsTraining and supporting employees

Page 129: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

How Can We Improve?Involving and empowering employeesRecognizing and rewarding good

performance and celebrating successSetting the tone and leading the way

through personal example

Page 130: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

130

Ten Demandments♦ Earn my trust♦ Inspire me♦ Make it easy♦ Put me in charge♦ Guide me

Page 131: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Ten Demandments (continued)♦ 24/7♦ Get to know me♦ Exceed my expectations♦ Reward me♦ Stay with me

Page 132: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Conclusion

Customer Service is an attitude woven throughout the agency!

Page 133: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

CONTACT INFORMATION:Robbie L. Sarles

RLS & Associates, Inc.

Phone: 937-299-5007

Fax: 937-299-1055

Email: [email protected]

Page 134: Title VI, Environmental Justice, and Customer Service January 24, 2013 Presented by: Robbie L. Sarles, President RLS & Associates, Inc.

Workshop Materials♦ Workshop materials are available on the

ODOT Office of Transit Rural Transit webpage:○ http://www.dot.state.oh.us/Divisions/Planning

/Transit/Pages/Rural.aspx