Chapter 2.95
TRANSIT PROGRAM POLICIES
Sections:
2.95.010 Equal employment opportunity.
2.95.020 Title VI of the Civil Rights Act of 1964.
2.95.030 Limited English proficiency – LEP.
2.95.040 Americans with Disabilities Act of 1990.
2.95.050 Private enterprise involvement.
2.95.060 Disadvantaged business enterprises.
2.95.070 Subcontractor compliance.
2.95.080 Other legal requirements.
2.95.010 Equal employment opportunity.
A. The town of Huachuca City, Arizona, hereby reaffirms its commitment to providing equal employment opportunities for all qualified persons without regard to race, color, national origin, religion, gender, sexual orientation, disability, age or any other basis which is prescribed by law. In addition, the town of Huachuca City is committed to providing a work environment free of retaliation, harassment, intimidation and coercion. These protections shall be provided to both candidates and employees at all applicable stages of the town’s employment process, including recruitment, hiring, benefits, training, job assignments, promotion and compensation.
B. The town recognizes that the effective implementation of this equal employment policy requires more than a statement of principles. The town clerk or its designee shall be responsible for developing and implementing the specific plans and procedures that are necessary for this policy to be properly applied. All department heads and all other employees are required to cooperate and coordinate their actions with this policy and all applicable equal employment plans and procedures to ensure that they are properly applied.
C. Any employee or candidate for employment with the town who believes that he or she has been improperly discriminated against in any manner in violation of this policy, or subject to any unlawful retaliation, harassment, intimidation or coercion, is encouraged to submit a report of any such action directly to the applicable department head and to the town clerk. The town clerk will provide a written response to any such complaint within 10 calendar days of receipt of any complaint. Any employee or candidate who is not satisfied with that response may submit a written request for further review by the mayor and town council. Any such complaint will be addressed by the mayor and council in the manner provided for in the town personnel rules and regulations. Nothing in this section shall infringe upon any other legal remedies that any employee or candidate for employment may have for the enforcement of any such rights. (Res. 12-02, 2012)
2.95.020 Title VI of the Civil Rights Act of 1964.
A. Intent. The transit service for the town of Huachuca City is to provide transportation for senior citizens and disabled residents of the town of Huachuca City. If space is available then other residents of the town may ride the bus.
B. Services Open to All. Public transportation services provided by the town of Huachuca City, either directly, or through a contractor, are open to the public. Neither the town nor its contractors shall discriminate on the basis of race, color, religion, gender, national origin, age, sex, disability, military or veteran status, political status or other legally protected status in the delivery of any transit services.
C. Complaints.
1. Complaints regarding general services including schedules, driver performance, fares, route deviations, vehicle cleanliness or similar types of performance issues may be directed to the Town Clerk, Town of Huachuca City, 500 N. Gonzales Blvd., Huachuca City, AZ 85616.
Complaints of this nature will be responded to in writing within 10 days of receipt.
Any person who believes that he or she may have been subjected to any discrimination prohibited by Title VI of the Civil Rights Act of 1964 may file a written complaint, either directly or by a representative, with ADOT Civil Rights Office at 1135 N. 22nd Avenue Mail Drop 154A, Phoenix, AZ 85009 or call their office at 602-712-7761. All such complaints will be promptly investigated.
Town of Huachuca City transit staff members are not authorized to investigate civil rights complaints.
2. Complaint Form. Complaint forms will be made available on each vehicle in both English and Spanish that direct riders to the proper person. All civil rights complaints are directed to ADOT and all service complaints are directed to the town of Huachuca City.
At a minimum, the form will include the complainant’s name and contact information, a check box for the type of complaint, and instructions on how to formally file a complaint. The form will also include space for the complainant to describe the complaint in writing.
TOWN OF HUACHUCA CITY – RIDER COMPLAINT FORM
Please determine the type of complaint you wish to lodge and forward this completed form to the proper office. If you require access to TOY or Braille services, call Town Hall.
Type of complaint:
Civil Rights complaints
• I feel I have been discriminated against
• I feel that I have not been given equal or proper access under the Americans with Disabilities Act
• I feel that important information has not been provided to me in a language I understand
• Other _______________ .
Describe your complaint in detail. Include date and time, names of personnel, names of witnesses, and all other pertinent information. Use additional paper if necessary.
Service complaints
• Bus and Equipment
• Driver or other personnel
• Other riders
• Schedule and Stops
• Other
Describe your complaint in detail. Include date and time, names of personnel, names of witnesses, and all other pertinent information. Use additional paper if necessary.
Civil Rights Complaints must be mailed to:
ADOT Civil Rights Office
1135 N. 22nd Avenue Mail Drop 154A
Phoenix, AZ 85009
or call their office at 602-712-7761.
Service Complaints must be mailed to:
Town Clerk or its designee
Town of Huachuca City
500 N. Gonzales Boulevard
Huachuca City, AZ 85616
D. Posting. The town of Huachuca City transit program will assure that a copy of this nondiscrimination policy and the complaint procedures will be posted on each transit vehicle in both English and Spanish and that these policies and procedures will be printed in the official transit guide in both English and Spanish.
E. Contractors – Subcontractors. The town of Huachuca City transit program will assure that all contractors and subcontractors will comply with these requirements. (Amended during 2015 recodification; Res. 12-02, 2012)
2.95.030 Limited English proficiency – LEP.
The town of Huachuca City transit program provides the transit guide in English and Spanish, including all nondiscrimination policies and procedures. The town of Huachuca City also has Spanish speaking drivers and staff available to assist passengers and others who may have limited English proficiency. Persons whose primary language is neither English or Spanish will be provided online translation services or direct translation services through the state’s university programs. (Res. 12-02, 2012)
2.95.040 Americans with Disabilities Act of 1990.
A. General Statement. It is the policy of the town of Huachuca City transit program to abide by all provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, including but not limited to those stated in this policy, in all of its activities, operations, and relationships with, and accommodations of, employees, clients, customers, and the general public.
B. Wheelchair Lift Availability. As required by the ADA, the town of Huachuca City transit program has, and shall maintain, a sufficient number of wheelchair accessible vehicles in the transit fleet to ensure that persons needing a wheelchair have equivalent access to transportation services as ambulatory persons.
C. Maintenance of Accessible Features. As required by the ADA, the accessible features on transit vehicles are maintained to a high level, and shall continue to be so maintained, so that persons needing these features receive equivalent service to persons not needing those features.
D. Adequate Time for Boarding and Disembarking. As required by the ADA, the town of Huachuca City transit program provides, and shall continue to provide, adequate time for persons with disabilities to board and disembark from transit vehicles.
E. Use of Portable Oxygen or Respirator. As required by the ADA, persons using transit vehicles may bring respirator, portable oxygen, and/or other life support equipment on board as long as they do not violate the law or rules relating to the transportation of hazardous materials. All equipment must be small enough to fit into the vehicle safely and without obstructing the aisle and/or block emergency exits.
F. Service Animals. As required by the ADA, any guide dog, signal dog, or other animal individually trained to work or perform tasks for the benefit of an individual with a disability, including but not limited to guiding individuals with impaired vision or alerting individuals with impaired hearing, are accepted on transit vehicles.
G. Driver Training. As required by ADA, drivers are trained to proficiency in the use of wheelchair equipment on board transit vehicles and in passenger sensitivity. (Res. 12-02, 2012)
2.95.050 Private enterprise involvement.
In order to protect the interests of private for-profit and private nonprofit transportation operators in the area, the town of Huachuca City will:
A. Solicit private sector participation in the planning and implementation of transit service in the area. This includes reviewing the possibility of contracting with private operators to provide general public transportation services.
B. Maintain a list and description of all transportation providers in our service area including the days and hours of service, number of passengers, frequency of service, fare charged, and area served.
C. Provide reasonable notice to all transportation providers in the area to inform them of project grant applications and potential participation opportunities. Reasonable notice includes public notice in a newspaper of general circulation and direct notice by mail.
D. Receive and respond to any concern or dispute by any private transportation provider which is provided in writing to the Town Clerk, Town of Huachuca City, 500 N. Gonzales Blvd., Huachuca City, AZ 85616. (Res. 12-02, 2012)
2.95.060 Disadvantaged business enterprises.
The town of Huachuca City shall adopt the Arizona Department of Transportation’s DBE Plan when the town receives in excess of $250,000 in FTA funding exclusive of vehicle purchases, or when any such plan is otherwise required. Any such DBE Plan will be approved by the ADOT Civil Rights Office. Until that threshold is reached, the town of Huachuca City shall make sure that disadvantaged business enterprises in this area have an equal opportunity for all contracts awarded by the town in connection with the delivery of these services. (Res. 12-02, 2012)
2.95.070 Subcontractor compliance.
All subcontractors and agents that are retained by the town of Huachuca City for the purpose of providing any of the services that are the subject of these transit program policies shall be required, as a condition for any such agreement, to comply with all of these policies and procedures. (Res. 12-02, 2012)
2.95.080 Other legal requirements.
The town of Huachuca City shall comply with all other applicable state and federal requirements in delivery of these services. Staff is hereby directed and authorized to promulgate any additional policies and procedures that may be necessary to ensure that program is operated in full compliance with all applicable laws, rules and regulations. (Res. 12-02, 2012)