The MWRTA Could Not Provide Complete Evidence That It Investigated and Responded to Americans With Disabilities Act Paratransit Complaints From Its Riders Within the Required Timeframe

By not ensuring that MWRTA responds to all ADA paratransit complaints, significant issues regarding MWRTA’s transportation services may not be resolved in a timely manner or at all. This could lessen the quality of MWRTA’s services and negatively impact MWRTA’s ADA-required paratransit riders.

Overview

MWRTA could not provide complete evidence that it investigated and responded to ADA paratransit complaints submitted during the audit period by its riders within 10 business days. For all 9 ADA paratransit complaints submitted during the audit period, we could not determine whether each complaint was investigated and responded to within 10 business days because information regarding complaints (specifically, the dates when investigations began and ended, as well as when complainants were notified) was not properly documented in MWRTA’s transit scheduling and dispatching system.

By not ensuring that MWRTA responds to all ADA paratransit complaints, significant issues regarding MWRTA’s transportation services may not be resolved in a timely manner or at all. This could lessen the quality of MWRTA’s services and negatively impact MWRTA’s ADA-required paratransit riders.

Authoritative Guidance

Regarding complaint procedures, Section 27.13 of Title 49 of the Code of Federal Regulations states,

(b)  Adoption of complaint procedures. . . .

(3)  The recipient [in this case, MWRTA] 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 Federal Transit Administration’s Topic Guide 6—The On-Time Performance in ADA Paratransit states,

The thorough investigation of all complaints related to the use of ADA paratransit service is an important part of monitoring and compliance. Transit agencies should ensure that all rider complaints are recorded and investigated. Transit agencies are required to have procedures to receive, resolve, maintain records of, and report on complaints.

Although MWRTA is not required to follow this guide, we consider it a best practice.

MWRTA’s The MetroWest Ride Guide states, “All complaints will be investigated and responded to within 10 business days.”

Reasons for Issue

MWRTA management stated that they do not consistently document the following dates: when an investigation begins, when an investigation ends, and when MWRTA notifies a complainant of the resolution.

Recommendations

1. MWRTA should monitor all open ADA paratransit complaints to ensure that it investigates and responds to complaints from its riders within the required timeframe.
2. MWRTA should document the date when an investigation begins; the date when an investigation ends; the date when MWRTA notifies a complainant of the resolution, which should be within 10 business days; and the actual text of MWRTA’s response.

Auditee’s Response

The MWRTA monitors all ADA paratransit complaints and investigates and responds to each in a timely manner. . . . Additional steps have been implemented to improve the recording process in order to enhance our practice of responding to ADA complaints within required timeframes. . . .

The MWRTA does document when investigations begin and end, along with the content of the complaint response. While the documentation in the paratransit software does require staff to more meticulously record complaint responses with associated time stamps, in practice complaints are generally responded to appropriately and timely. The MWRTA will take steps to assure that all records appropriately reflect reality.

Auditor’s Reply

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

Date published:	August 29, 2023