Overview
The Worcester Regional Transit Authority (WRTA) did not ensure that Paratransit Brokerage Services, Transit Management, Inc. (PBSTM) followed required procedures for processing Americans with Disabilities Act (ADA) paratransit complaints during the audit period. Specifically, PBSTM did not always resolve complaints in a timely manner or document all complaint information.
We examined 55 complaints out of the 254 ADA paratransit complaints received during the audit period and noted the following:
- For all 55 investigations, there was no documentation in any of the investigation fields in the complaint database, including the dates on which the investigations started.
- For 14 of the 55 complaints, there was no activity recorded until at least five days after the complaints were received.
- For 47 of the 55 complaints, WRTA did not communicate the complaint resolutions to the complainants.
- For 35 of the 55 complaints, the complaints were not closed until more than 10 days after the complaints were received.
By not ensuring that its contracted paratransit provider follows required procedures for its ADA paratransit complaint process, WRTA 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 WRTA provides to its ADA-required paratransit riders.
Authoritative Guidance
According to WRTA officials, PBSTM’s director of paratransit services documents all information regarding the investigation and resolution of complaints in the complaint database. According to WRTA’s “ADA Customer Complaint Procedure,” its ADA paratransit complaint procedure is as follows:
- Complaint is received via email, online feedback form, phone call or in person via customer service center.
- Complaint is logged into [the complaint database] on a daily basis by customer service [representatives].
- Complaint is reassigned to [PBSTM’s director of paratransit services].
- Complaint is tagged for additional review.
- Complaint is forwarded [by PBSTM’s director of paratransit services] to the appropriate department [within WRTA or PBSTM] for investigation.
- Complaint is reviewed and investigated by department manager. Upon determination of the facts of the complaint, corrective action is taken to resolve the issue (driver counseling, discipline, maintenance, etc.). If complaint is unfounded it is logged as such in the database.
- Complaint follow up reminders are generated at intervals of 3, 5 and 7 days of case being opened. To the extent possible, complaints are to be resolved within 7 business days.
- Follow up with the complainant by phone, email or written correspondence is done upon request and when contact information is provided.
- Final determination is entered into the [complaint database] and a statistical analysis is generated at month end and given to the WRTA Administrator.
According to WRTA’s website, “WRTA Staff will process all complaints and provide [customers] with a complaint tracking number. All complaints will be investigated within 3-5 business days, with customer follow-up within 7-10 days.”
The Federal Transportation Administration’s Topic Guide 6—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 WRTA is not required to follow this guide, we consider it a best practice.
Section 27.13(b)(3) of Title 49 of the Code of Federal Regulations states, “The recipient [in this case, WRTA] 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.”
Reasons for Issue
WRTA management told us that PBSTM’s director of paratransit services runs a report on closed complaints for the week and month but does not run a report on open complaints to monitor whether the complaints are closed within the proper timeframe. In addition, we reviewed our test results with WRTA management on November 16, 2022. During that review, WRTA management stated that PBSTM is “less than 50% staffed” in the department that handles complaints, and PBSTM is in the process of hiring additional employees. Additionally, WRTA does not have monitoring controls in place to ensure that PBSTM resolves complaints in a timely manner.
Recommendations
- WRTA should ensure that its contracted paratransit provider follows required procedures for processing ADA paratransit complaints.
- WRTA should establish monitoring controls to ensure that its contracted paratransit provider resolves complaints in a timely manner.
Auditee’s Response
The WRTA appreciates the effort put forth by the audit team to understand our paratransit operation and how we provide and monitor this service in the greater Worcester region. As we continually strive to better serve our passengers, we will use this report to improve the monitoring of our Paratransit service provider. We have reviewed the draft report and offers the following comments:
- WRTA will ensure that the paratransit director follow existing procedures for processing ADA paratransit complaints. The paratransit director has scheduled a review of the complaint procedures with staff including paratransit call takers and customer service personnel. Attention will be given to properly recording and following up with the appropriate department for a timely and thorough response.
- WRTA will be putting enhanced monitoring controls in place, no later than September 30, 2023, to ensure that complaints are resolved in a manner consistent with established policies. The paratransit director will monitor all ADA paratransit complaints and follow through for resolution and response as appropriate.
Auditor’s Reply
Based on its response, WRTA is taking measures to address our concerns on this matter.
| Date published: | August 24, 2023 |
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