LRTA Did Not Comply With Accessibility Requirements, or Follow Required Procedures, for ADA Paratransit Complaints.

LRTA did not (1) ensure that it publicly advertised its ADA paratransit complaint process, (2) maintain a complaint log and ensure that MV Transportation processed paratransit complaints, and (3) ensure that MV Transportation filled out complaint forms.

Overview

LRTA did not (1) ensure that it publicly advertised its ADA paratransit complaint process, (2) maintain a complaint log and ensure that MV Transportation processed paratransit complaints, and (3) ensure that MV Transportation filled out complaint forms.

We noted in our review of the LRTA website that it does not state the process to file a complaint. Although the website lists MV Transportation’s email address and telephone number to contact regarding ADA‑required paratransit services, the process to file complaints is not specifically identified.

We reviewed the six complaints, and related complaint forms, received during the audit period and noted the following:

• One complaint form was not filled out by the MV Transportation employee receiving the complaint.
• LRTA did not maintain a complaint log to track all the complaints MV Transportation received on its behalf.
• No complaint forms had a resolution date recorded on them.
• Four complaint forms had no evidence of response to the complainant.

Instead of documenting the complaint on a complaint form when they receive them, MV Transportation dispatchers, reservationists, or drivers forward complaints either verbally or through emails to MV Transportation’s paratransit general manager or operations manager, who fills out the complaint forms and conducts investigations.

If LRTA does not properly advertise the complaint process publicly, ADA-required paratransit riders may not be aware of their ability to communicate performance concerns to LRTA. If LRTA does not ensure that MV Transportation follows procedures for processing complaints, LRTA may not be able to identify and remediate significant issues regarding deficient paratransit services. This could have a negative impact on the quality of services provided to LRTA’s ADA-required paratransit riders.

Authoritative Guidance

According to Section 27.13(b) of Title 49 of the Code of Federal Regulations, which was in effect during the audit period,

A recipient shall adopt procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints.

(1)  The process for filing a complaint, including the name, address, telephone number, and email address of the employee designated . . . must be sufficiently advertised to the public, such as on the entity’s Web site; . . .

(3)  The recipient must promptly communicate its response to the complaint allegations, including its reasons for the response, to the complainant by a means that will result in documentation of the response.

According to LRTA’s “Road Runner Standard Operating Procedure,”

• Complaint form will be filled out by the staff member receiving the complaint.
• Submit the form immediately to General Manager or designee.
• General Manager or designee will follow up with all complaints within 2 business days. . . .
• Reservations/Dispatcher will speak to customer or person submitting comment/complaint.
• The comment will be documented on the customer comment/complaint form.
• Once documented the comment will be given to the General Manager and/or Operation’s Manager.
• The General Manager or Operation’s Manager will investigate each incident or comment in a timely manner, taking statements from personnel involved and contacting the customer to obtain any additional questions or information needed.
• The General or Operation’s Manager will attempt to respond to every complaint within 48 hours after a full investigation.

Reasons for Issue

LRTA told us that it had previously advertised its complaint process and provided online complaint forms. However, LRTA removed complaint forms and advertisements for the process from its website following a high number of complaints that were unrelated to the ADA-required paratransit services it provided.

LRTA did not have monitoring controls (e.g., a complaint log or a LRTA employee’s contact information on its website for riders to contact) to ensure that MV Transportation recorded and processed all ADA paratransit complaints it received on LRTA’s behalf—and filled out complaint forms—in accordance with federal and LRTA requirements.

Recommendations

1. LRTA should update its website to include the process for filing an ADA paratransit complaint.
2. LRTA should update its website to include the name, address, telephone number, and email address of the designated LRTA employee responsible for overseeing MV Transportation’s administration of the ADA paratransit complaint process.
3. LRTA should ensure that MV Transportation fills out a complaint form for each ADA paratransit complaint received.
4. LRTA should implement a complaint log (manual or electronic) that includes the date each complaint was received and a complaint identification number to ensure that MV Transportation records all complaints it receives for LRTA.
5. LRTA should ensure that complainants receive acknowledgements of their complaints within two business days.

Auditee’s Response

The LRTA’s Contractor has an internal process for addressing all complaints in a timely manner. This process has been successful in the past to receive, research, address, and resolve any complaints, and all complaints are discussed at the monthly Contractor Oversight meetings with the LRTA Administrator. There are currently no outstanding ADA complaints. The LRTA has initiated additional steps in the process to increase administrative oversight:

• The LRTA Compliance Director has been working to improve accessibility for individuals of all abilities to easily file and understand the complaint process as complaints arise. As a result, the LRTA has streamlined the complaint form to include all major areas including, but not limited to: ADA, [Equal Employment Opportunity], Title VI, and [Disadvantaged Business Enterprise]. This form can be accessed on the website and has multiple submission options such as filling the form electronically and emailing / mailing it back in. Alternatively, this can be printed and filled out before being sent in. In the case that someone needs assistance filling in the form, there is a contact form for the [personal care assistant] or assistant for the individual filing the complaint.
• The LRTA website has a link from the Contact Us page as it is a centralized area where individuals will likely look at when trying to file a complaint. This complaint form page has instructions, explanations of the process, and [provides] contact information for the Compliance Director for all patrons.
• In order to properly track, address, and maintain records, there is a singular point of contact in which all complaint forms are sent. All the forms are sent to the Compliance Director who reaches out to other members of the team to investigate and address complaints as necessary.
• The LRTA has improved the internal complaint record form to monitor the complaint, the contact information of the complainant, summary of the complaint, details collected on the complaint and investigative measures, what corrective actions have been taken if necessary, and a final response summary of the situation and actions taken. This form is signed by both the LRTA response leader and the LRTA Administrator so it is clear who has investigated and addressed the complaints at hand.

Auditor’s Reply

Based on the response above, LRTA is taking measures to address our concerns.

Date published:	June 7, 2023