Overview
The Merrimack Valley Regional Transit Authority (MVRTA) did not follow required procedures for processing Americans with Disabilities Act (ADA) paratransit complaints. Specifically, complainants did not receive an acknowledgement of the complaint within 24 hours, and First Transit employees did not always document follow-up response requests from, and follow-up responses to, complainants.
We examined the 25 ADA paratransit complaints received during the audit period and noted the following:
- Seven of 25 complainants did not receive acknowledgements of their complaints within 24 hours.
- Six of 25 complaints did not have follow-up responses to the complainants documented.
By not ensuring that it follows required procedures for its ADA paratransit complaint process, MVRTA may not resolve significant issues regarding its transportation services in a timely manner or at all. This could negatively impact the quality of services that MVRTA provides its ADA-required paratransit customers.
Authoritative Guidance
Section 27.13(b) of Title 49 of the Code of Federal Regulations states, regarding establishing complaint procedures for programs that receive federal financial assistance,
Adoption of complaint procedures. A recipient [MVRTA, in this case] shall adopt procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part . . . The procedures shall meet the following requirements: . . .
(3) The recipient [MVRTA, in this case] 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.
The “[Merrimack Valley Area Transportation Company] Customer Complaint Procedures” states,
Upon receiving the complaint, and if a phone number has been provided, the Office Manager (OM) will contact the customer as soon as possible (but within 24 hours) to let him/her know that the complaint was received by the appropriate department manager, is in the process of being investigated, and that appropriate actions will be taken to correct the problem. The log number is given to the complainant.
If the complainant has requested a follow-up phone call or requests notification that action has been taken, or if the [assistant general manager, or AGM] determines that the situation warrants, the AGM does so after the investigation is completed.
MVRTA’s “Special Transportation Services, Inc. ADA Procedures” states,
The Reservationist(s), Dispatcher(s), and the Receptionist are all responsible for taking ADA complaints. A complaint can be made either by the phone, email, or in person. Once the complaint is taken, and marked as an ADA complaint, complaints are sent to the Director of Paratransit Operations and the Assistant General Manager of Operations. . . . .
The Director of Paratransit Operations makes a follow-up phone call or email letting the customer know the outcome of all valid complaints when contact information is available.
Reasons for Issues
MVRTA told us that it did not always send acknowledgments on time because of limited personnel availability.
According to First Transit’s procedures for processing ADA paratransit complaints, there is no requirement to complete a follow-up response. Rather, responses are communicated upon complainant request.
Recommendations
- MVRTA should ensure that complainants receive acknowledgements of their complaints within 24 hours.
- MVRTA should ensure that First Transit amends its ADA paratransit complaint processing procedures to require follow-up responses.
Auditee’s Response
Our only comment would be to note that based on the audit report, our paratransit director . . . has already initiated a meeting with her entire team, including reservationists, dispatchers, and receptionists, about the proper way to handle ADA complaints. While the responsibility for processing complaints has changed hands a few times over the review period, we have since standardized the process and are now reinforcing it. The meeting and plan for subsequent check‑ins will ensure that we will all be on the same page and emphasize that this is a priority. The entire [MVRTA] team commits that all complaints will be handled within 24 hours and that all complainants get calls back. [The paratransit director] will also review our complaints on a weekly basis instead of monthly, so no complaints will fall through the cracks.
Auditor’s Reply
Based on its response, MVRTA is taking measures to address our concerns on this matter.
| Date published: | April 7, 2023 |
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