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The Southeastern Regional Transit Authority Did Not Follow Required Procedures for Processing and Documenting Americans With Disabilities Act Paratransit Complaints.

By not following required procedures for processing and documenting its ADA paratransit complaints, SRTA may not resolve significant issues regarding its transportation services in a timely manner or at all.

Table of Contents

Overview

The Southeastern Regional Transit Authority (SRTA) did not follow required procedures for processing and documenting Americans with Disabilities Act (ADA) paratransit complaints.

We examined the 57 ADA paratransit complaints SRTA received during the audit period and noted the following:

  • For 6 out of the 57 complaints, SRTA did not contact the complainant at all.
  • For 9 out of the 57 complaints, SRTA did not contact the complainant within five business days.
  • For 42 out of the 57 complaints, although SRTA resolved the complaint, it did not provide the complainant with a complaint resolution.

Additionally, SRTA did not consistently document the above actions within its complaint management system.

By not following required procedures for processing and documenting its ADA paratransit complaints, SRTA may not resolve significant issues regarding its transportation services in a timely manner or at all. This could have a negative impact on the quality of services that SRTA provides to its ADA-required paratransit riders.

Authoritative Guidance

SRTA’s Information Brochure for Disabled Services Demand Response and Massachusetts Access Passes states,

The contract operator [South Coast Transit Management, Inc.] (SCTM) will review, investigates and will respond within 3-5 business days of receiving the complaint and provide any supplementary information to determine the validity of the complaint. . . . Feedback from SCTM or SRTA will be provided to the individual and they will have the opportunity to discuss any service changes or scheduling arrangements made in response to the incident.

Section 27.13 of Title 49 of the Code of Federal Regulations states,

(b)  Adoption of complaint procedures. . . .

(3)  The recipient [in this case, SRTA] 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 SRTA is not required to follow this guide, we consider it a best practice.

Reasons for Issue

During the audit period, SRTA did not have monitoring controls in place to ensure that its contracted paratransit provider completed investigation and resolution entries for ADA paratransit complaints or that it documented ADA paratransit complaints consistently in its system.

Recommendations

  1. SRTA should follow required procedures for processing and documenting ADA paratransit complaints.
  2. SRTA should establish monitoring controls to ensure that its contracted paratransit provider resolves ADA paratransit complaints in a timely manner and that it documents ADA paratransit complaints consistently in its system.

Auditee’s Response

The few instances of late responses cited in the report were atypical, and occurred during a pandemic where staffing shortages negatively affected normal workflows. Currently, SRTA is staffed at an appropriate level to ensure that it monitors, investigates, and responds to each ADA Paratransit complaint in accordance with its policy. SRTA has also implemented measures to improve the documentation process for instances where attempts to contact complainants are made, but complainants either provide incorrect contact information, or no information was provided at all.

At SRTA, we approach every review as an opportunity to improve and this was another chance to have a fresh eyes provide a new perspective.

Auditor’s Reply

Based on its response, SRTA is taking measures to address our concerns.

Date published: August 30, 2023

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