Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications (2011)

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47 APPENDIX A—SURVEY QUESTIONS (This survey appears as it was originally distributed, with the inclusion of questions regarding the 13(c) labor protec- tion provision of the Urban Mass Transportation Act of 1964. Subsequent to distribution, TRB removed discussion of 13(c) from this study due to a more comprehensive consideration of 13(c) in another study.) SURVEY QUESTIONS TCRP J-5, STUDY TOPIC 12-02 REDUCTIONS IN TRANSIT SERVICE: CIVIL RIGHTS, ADA, § 13(C), REGULATORY AND ENVIRONMENTAL JUSTICE IMPLICATIONS Agency Name:_________________________________________________________________ Name of Employee: _____________________________________________________________ Job Title: _____________________________________________________________________ Contact telephone/cell phone number: ______________________________________________ E-mail address: _________________________________________________________________ How many years have you been with the agency? _____________________________________ What has been your agency’s average annual ridership for the last year? (a) Number of Passenger trips by rail per year __________________________________ (b) Number of passenger trips by bus per year __________________________________ (If insufficient space is allotted for your responses below, please feel free to place your responses on additional sheets of paper and attach them to the survey.) 1. Has your agency had to reduce transit service and/or increase fares at any time within the past 10-years? (Please circle) YES NO (a) If your answer is “YES,” has (or have) the reduction(s) in services and/or increases in fares resulted in any complaints against your agency for disparate treatment or disparate impact based on Sections 601 and/or 602 of Title VI of the Civil Rights Law of 1964? ______________________________________________________________________________ (b) Please describe the complaints and/or, if possible, provide copies of any documents regarding the complaints and how they were resolved. _________________________________________________________________________________________ ___________________________________________________________________

48 2. Has (or have) the reduction(s) in transit services and/or increases in fares resulted in any complaints against your agency under the Americans with Disabilities Act (“ADA”)? (Please circle) YES NO If your answer is “YES,” please describe the complaints and/or, if possible, provide copies of any documents regarding the complaints and how they were resolved. _________________________________________________________________________________________ ___________________________________________________________________ 3. Does your agency engage in a review of potential legal issues that may arise if there is to be a reduction in transit services and/or an increase in fares? (Please circle) YES NO If your answer is “YES,” please describe the issues that typically are considered and the process used by your agency. _________________________________________________________________________________________ ___________________________________________________________________ 4. Has your agency encountered a specific situation involving Title VI or the ADA and reduction in transit service and/or an increase in fares that would make a good case study for the Report? (Please circle) YES NO If your answer is “YES,” please describe the experience and provide a copy of any relevant documents, such as any memoranda and/or notice to the public or other policy announcements, to permit such a case study to be presented in the Report. _________________________________________________________________________________________ ___________________________________________________________________ 5. Does your agency have a policy in dealing with Title VI civil rights issues that may be impli- cated by a reduction in transit service and/or an increase in fares? (Please circle) YES NO If your answer is “YES,” please identify and describe and/or provide a copy. _________________________________________________________________________________________ ___________________________________________________________________ 6. Does your agency have a policy for dealing with ADA issues that may arise because of a reduc- tion in transit service and/or an increase in fares? (Please circle) YES NO If your answer is “YES,” please identify and provide a copy. _________________________________________________________________________________________ ___________________________________________________________________ 7. With respect to any agency ADA policy you identified above has your agency made, or is it con- sidering making, any changes to its policy as a result of the 2008 amendments to the ADA? (Please circle) YES NO If your answer is “YES,” please provide details. _________________________________________________________________________________________ ___________________________________________________________________

49 8. Does your agency have any specific resources to assist it in complying with Title VI of the Civil Rights Act of 1964 and/or the ADA when reducing transit service or increasing fares? (Please circle) YES NO If your answer is “YES,” please provide details. _________________________________________________________________________________________ ___________________________________________________________________ 9. Does your agency prepare an internal legal memorandum on issues that are anticipated to arise when the agency is considering a reduction in transit service and/or an increase in fares? (Please circle) YES NO If your answer is “YES,” how is the memorandum used? Please provide details and/or a copy or copies. _________________________________________________________________________________________ ___________________________________________________________________ 10. When considering a reduction in transit service and/or an increase in fares, is there any coor- dination with other government agencies, non-governmental associations or groups, or the public? (Please circle) YES NO If your answer is “YES,” please describe and indicate how any disagreements or disputes are re- solved. _________________________________________________________________________________________ ___________________________________________________________________ 11. (a) Within the past 10-years has your agency sought or obtained a certification by the Secre- tary of Labor under § 13(c) of the Urban Mass Transportation Act (now codified as 49 U.S.C. § 5333(b)), which requires a state or local government to preserve collective bargaining rights by transit workers prior to an agency’s receipt of federal financial assistance? (Please circle) YES NO If your answer is “YES,” please provide details and copies of any relevant documents. _________________________________________________________________________________________ ___________________________________________________________________ (b) Have there been any disputes, complaints, or legal actions involving your agency based on § 13(c)? (Please circle) YES NO If your answer is “YES,” please provide details and copies of any relevant documents. _________________________________________________________________________________________ ___________________________________________________________________ 12. With respect to the 2007 FTA Title VI Circular does the Circular resolve any questions that arose in any earlier litigation or administrative proceedings of which your agency is aware or, al- ternatively, does the Circular raise more issues? (Please circle) YES NO

50 If your answer is “YES,” please explain. _________________________________________________________________________________________ ___________________________________________________________________ 13. Please identify any litigation (name of parties and court and/or citation) of which your agency is aware in which a plaintiff or defendant has used the 2007 FTA Title VI Circular. _________________________________________________________________________________________ ___________________________________________________________________ 14. With respect to a reduction in transit service and/or an increase in fares does your agency take into account the effect on low-income population(s) as a factor in the agency’s decision- making? (Please circle) YES NO If your answer is “YES,” please explain. _________________________________________________________________________________________ ___________________________________________________________________ 15. When reducing transit service and/or increasing fares does your agency take steps to give no- tice to and otherwise involve persons with limited English proficiency (“LEP”), such as the use of public hearings? (Please circle) YES NO If your answer is “YES,” please explain. _________________________________________________________________________________________ ___________________________________________________________________ 16. Please describe any other policies or practices used by your agency that are considered to be “best practices” regarding civil rights, ATA, § 13(c), regulatory and environmental justice issues that may arise when having to reduce service and/or increase fares. _________________________________________________________________________________________ ___________________________________________________________________ Please return your completed survey to: The Thomas Law Firm ATTN: Larry W. Thomas 1776 I Street, NW, Suite 900 Washington, D.C. 20006 Tel. (202) 280-7769 lwthomas@cox.net