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MANATEE COUNTY TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD Sarasota/Manatee MPO Conference Room 7632 15th Street East Sarasota, Florida 34243 10:00 A.M. AGENDA FOR JANUARY 19, 2011 I. CALL TO ORDER 1. Self Introductions II. APPROVAL OF MINUTES 1. Approval of the November 18, 2010 meeting minutes III. ANNUAL PUBLIC HEARING IV. PUBLIC COMMENTS V. REPORTS AND PRESENTATIONS 1. TMS, Medicaid Transportation Provider, Report 2. Community Transportation Coordinator’s (CTC) Report a. MCAT Staff will update the Board on Transportation Disadvantaged service activities that have taken place since the last report. 3. FDOT Report 4. MPO Staff Report a. Ombudsman Reports b. TD Commission Report 5. Presentation by Anna Maria Island Community Center re: Section 5310 Grant 6. Presentation by Manasota ARC re: Section 5310 Grant VI. BOARD ACTION 1. Nomination and Appointment of Vice Chair 2. Appointment of Executive, Grievance and Evaluation Committees 3. Annual Review and Approval of the Manatee LCB By-Laws 4. Annual Review and Approval of the Grievance Procedures VII. OTHER BUSINESS 1. Discussion of income criteria for TD eligibility VIII. NEXT MEETING DATE Wednesday, May 18, 2011, 10:00 a.m. IX. ADJOURNMENT No stenographic record by a certified court reporter is made of these meetings. Accordingly, anyone seeking to appeal any decisions involving the matters herein will be responsible for making a verbatim record of the meeting/testimony and evidence upon which any appeal is to be based. (SEE: F.S. 286.0105) In accordance with the Americans With Disabilities Act and Chapter 286.26 Florida Statutes, persons needing special accommodations to participate in this proceeding should contact the Sarasota/Manatee Metropolitan Planning Organization at least forty-eight (48) hours prior to the meeting. Call (941) 359-5772 between 8:00 a.m. And 5:00 p.m., Monday through Friday The MPO’s planning process is conducted in accordance with Title VI of the Civil Rights Act of 1964 and related statutes. Any person or beneficiary who believes he/she has been discriminated against because of race, color, religion, sex, age, national origin, disability or family status may file a complaint with the Florida Department of Transportation District One Title VI Coordinator Robin Parrish at (863) 519-2675 or by writing her at P.O. Box 1249, Bartow, Florida 33831. 1 MANATEE COUNTY TRANSPORTATION 2 DISADVANTAGED LOCAL COORDINATING BOARD 3 4 Sarasota/Manatee MPO 5 Conference Room 6 7632 15th Street East 7 Sarasota, Florida 8 9 10:00 A.M. 10 11 12 MEETING MINUTES OF NOVEMBER 17, 2010 13 14 15 16 17 18 I. CALL TO ORDER 19 20 Vice Chair Whatmough called the Manatee County Transportation Disadvantaged (TD) Local 21 Coordinating Board meeting to order at 10:00 a.m. Self introductions were made. A quorum was 22 present. 23 24 PRESENT ABSENT 25 26 Roxann Lake, FDOT Ann Hendon, Department of Children & Families 27 Linda Brown, Division of Blind Services Ron Besalke, Florida Agency-Health Care Admin. 28 Terry Palmer, Manatee County School Board Dian McKinney, Economically Disadvantaged 29 Debbie Hofer, Florida Department of Elder Affairs Terrance Meneely, Suncoast Workforce 30 Dave Zickafoose, Veterans Affairs Robert Berg, Citizens with Disabilities 31 Ron Drachler, alternate for Natalie von Suskil 32 Jeremy Whatmough, Elderly Citizens 33 George McKay, Citizen Advocate 34 Marice Sardo, Citizen Advocate User 35 Jeannine Buzbee, Easter Seals of SW Florida 36 37 38 NON-VOTING MEMBERS 39 Becky Jo Hayes, MCAT 40 Steve Westley, TMS-Medicaid Provider 41 42 OTHERS 43 Robin Parrish, FDOT 44 Kenneth Flemming, Citizen 45 Doris Duns, Citizen 46 Debbie Grubbs, Citizen 47 48 49 STAFF 50 Bob Herrington, Planning Manager 51 Sue Clapsaddle, HR/Fiscal Manager 52 MTD Meeting Minutes November 17, 2010 Page 2 of 6 1 Vice Chair Whatmough reported that Chair Barford chose not to seek re-election, Mr. Herrington stated 2 that there were two possible nominees for the TD Chair who were Councilwoman Marianne Barnebey 3 and Mayor Rich Bohnenberger. This item will go before the MPO Board at its December 13, 2010 4 meeting. 5 6 7 II. APPROVAL OF MINUTES 8 9 1. Approval of the September 8, 2010 Meeting Minutes 10 11 Ms. Sardo: I move approval of the meeting minutes. 12 13 Mr. Zickafoose: I second the motion. 14 15 MOTION CARRIED UNANIMOUSLY. 16 17 18 III. PUBLIC COMMENTS 19 20 1. Ms. Debbie Grubbs noted that her and her late husband had ridden the fixed route transit 21 and paratransit quite a bit. She stated that it was not always easy riding the fixed route 22 because drivers do not call out stops. It is difficult to find the buses because they do not 23 identify the buses and difficult with bus stops. She also stated that the fixed route transit 24 is not abiding by the ADA rules (i.e. major stops have to be called out). There needs to 25 be better communication with paratransit and the people who are served. 26 27 With regard to her last experience with paratransit, she had called MCAT to advise that 28 she had finished early and was ready whenever someone could pick her up. When she 29 returned home, she had received, as did her friend, an irate message from a person named 30 Benita who said they had made other people late and that they disobeyed the rules. Ms. 31 Grubbs found her intimidating. Some of MCAT’s staff needs to treat people with more 32 respect. One cannot abide by the rules if they do not know what the rules are. 33 34 Ms. Hayes responded the drivers are supposed to call out the stops; same can now be verified by 35 looking at the video cameras. She also stated assistance should be provided by the drivers in 36 identifying the buses when there are multiple buses. Ms. Hayes noted there is no problem with 37 calling in as Ms. Grubbs did. She will address the issue regarding the telephone call. Paratransit 38 is having a difficult time due to losing three drivers. 39 40 Ms. Buzbee stated that people are intimidated and do not know to call and make a complaint. 41 There is no way to get a good picture of the incidents that are occurring. 42 43 Vice Chair Whatmough suggested that MCAT/agencies notify the people with whom they are 44 involved with of their ability to call and provide comments, complaints or praises. Ms. Hayes 45 noted the telephone number was posted on the vehicles. 46 47 Ms. Sardo noted she wrote the Manatee County Board of County Commissioners expressing the 48 need for more funds and because of the return trip for medical which is nearly impossible to 49 gauge as far as the return time from the doctor’s office. Ms. Hayes will look into this matter. Manatee County Area Transit LCB Report As of 10/31/2010 MCAT TRIP LISTING AS OF DECEMBER 31, 2010 Billed Trips Oct '10 Nov'10 Dec '10 Total Trips 6,978 6,681 6,413 ADA Trips 2,087 2,074 2,059 CCE 60 98 65 Devlp Svce 1,883 1,779 1,725 MOW 46 42 26 Voc Rehab 15 10 5 T.D. 2,726 2,553 2,391 Veterans 157 129 145 Oct '10 Nov'10 Dec '10 Policy 2 0 0 Schedule 3 0 0 Service 0 1 0 Total 5 1 0 Total Trips 6,978 6,681 6,413 Complaints 5 1 0 % 0.0007 0.0001 0.0000 Un-met Trips Oct '10 Nov'10 Dec '10 Medical 0 3 3 Casual 1 2 2 Client Refuse 3 13 12 Total 4 18 17 Trips 10,000 6,681 6,978 6,413 8,000 Total Trips 6,000 2,087 2,074 2,059 4,000 2,000 ADA Trips 0 Major TD Trips 4,000 3,500 Devlp Svce 3,000 2,500 2,000 T.D. Trips 1,500 1,000 Oct '10 Nov'10 Dec '10 Manatee County Area Transit LCB Report As of 10/31/2010 Other TD Trips 1,200 CCE 1,000 800 MOW Trips 600 Voc Rehab 400 200 Veterans 0 Oct '10 Nov'10 Dec '10 MCAT T.D. / ADA Complaints/Trips Charts as of December 31, 2010 T.D. and ADA Complaints 6 Policy 5 Schedule Service 4 Total 3 2 1 0 Oct '10 Nov'10 Dec '10 T.D. and ADA Trips/Complaints Percentage 0.0008 0.0007 0.0006 0.0005 0.0004 % 0.0003 0.0002 0.0001 0.0000 Oct '10 Nov'10 Dec '10 Un-Met Trips 60 50 Medical 40 30 Casual 20 Client 10 Refuse 0 Oct '10 Nov'10 Dec '10 MCAT System Ridership FY 2010/2011 Year-to-Date Oct '10 Nov Dec Jan '11 Feb Mar Apr May Jun Jul Aug Sep Totals Current FY Year Fixed Route Transit 98,921 94,659 90,223 283,803 Last FY09/10Year 87,834 77,472 78,633 80,640 85,129 92,396 93,327 84,948 83,837 82,682 85,900 94,167 1,026,965 Current FY Trolley 29,890 29,658 26,100 85,648 Last FY09/10Year 29,073 29,092 29,525 30,160 35,732 58,285 50,664 31,401 32,175 35,679 28,146 22,124 412,056 Current FY ParaTransit 6,967 6,681 6,413 20,061 Last FY09/10Year 7,953 6,944 7,512 7,092 6,999 8,031 7,798 7,010 7,183 6,755 7,042 7,008 87,327 Current Year Total 135,778 130,998 122,736 389,512 Last FY09/10Year 124,860 113,508 115,670 117,892 127,860 158,712 151,789 123,359 123,195 125,116 121,088 123,299 1,526,348 Oct '10 Nov Dec Jan '11 Feb Mar Apr May Jun Jul Aug Sep Totals Wheel Chairs Current FY Year Fixed Route Transit 794 610 536 1,940 Last FY09/10Year 897 693 782 619 737 817 865 908 833 957 847 863 9,818 Current FY Trolley 26 12 10 48 Last FY09/10Year 31 38 37 36 22 38 27 12 26 39 23 27 356 Bicycles Current FY Year Fixed Route Transit 3,834 3,612 3,204 10,650 Last FY09/10Year 3,337 2,918 3,028 3,051 3,205 3,598 3,662 3,648 3,840 3,648 3,804 3,728 41,467 Current FY Trolley 1,188 1,184 846 3,218 Last FY09/10Year 1,006 1,106 1,031 981 821 976 977 891 1,004 946 1,133 856 11,728 Current FY ParaTransit Trip Purpose (%) Oct '10 Nov Dec Average Medical 36.6% 37.7% 39.4% 37.9% Work 15.1% 13.9% 13.5% 14.2% Nutrition 0.6% 0.6% 0.4% 0.5% School/Education 2.5% 2.6% 1.6% 2.2% Casual 8.9% 8.5% 8.3% 8.6% Assessments 0.2% 0.2% 0.4% 0.3% Other 36.1% 36.5% 36.4% 36.3% Other Trips = Veterans, Escorts, Agencies and Special Services BYLAWS FOR THE MANATEE COUNTY TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD January, 2011 SECTION I. NAME The name of this Board shall be the Manatee County Transportation Disadvantaged Local Coordinating Board (LCB). The area of jurisdiction shall be Manatee County, Florida. SECTION II. PURPOSE According to Chapter 427.0157, Florida Statutes, the purpose of the Board is to provide direction to the Community Transportation Coordinator on the coordination of services to be provided to the transportation disadvantaged within the designated service area (Manatee County). In general, the Local Coordinating Board is considered an advisory body. SECTION III. MEMBERSHIP Members of the Board shall be appointed by the Sarasota/Manatee Metropolitan Planning Organization. In making these appointments, the MPO shall attempt to appoint individuals who have positions of responsibility within the agency at a level high enough to allow them to adequately represent their agency during Board discussions and when votes are being taken. A. VOTING MEMBERS 1. An elected official from the designated service area, serving as the chairperson; 2. A local representative of the Florida Department of Transportation; 3. A local representative of the Florida Department of Children and Family Services; 4. A local representative of the Public Education Community which could include, but not be limited to, a representative of the District School Board, School Board Transportation Office, or Headstart Program in areas where the School District is responsible; 5. In areas where they exist, a local representative of the Florida Division of Vocational Rehabilitation or the Division of Blind Services, representing the Department of Education; 6. A person recommended by the local Veterans Service Office representing the veterans of the county; 7. A person who is recognized by the Florida Association for Community Action (President), representing the economically disadvantaged in the county; 8. A person over sixty representing the elderly in the county; 9. A person with a disability representing the disabled in the county; 10. Two citizen advocate representatives in the county; one who must be a person Manatee County TD Local Coordinating Board Bylaws who uses the transportation service(s) of the system as their primary means of transportation; 11. A local representative for children at risk; 12. In areas where they exist, the Chairperson or designee of the local Mass Transit or Public Transit System’s Board, except in cases where they are also the Community Transportation Coordinator; 13. A local representative of the Florida Department of Elder Affairs; 14. An experienced representative of the local private for profit transportation industry. In areas where such representative is not available, a local private non-profit representative will be appointed, except where said representative is also the Community Transportation Coordinator; 15. A local representative of the Florida Agency for Health Care Administration; 16. A representative of the Regional Workforce Development Board established in Chapter 445, Florida Statutes; and 17. A representative of the local medical community, which may include, but not be limited to, kidney dialysis centers, long term care facilities, assisted living facilities, hospitals, local health department or other home and community based services, etc. The board is to consist of individuals who represent the appropriate governmental agencies or groups of people as defined above, and also represent, to the maximum degree possible, a cross section of the local community. No employee of the Community Transportation Coordinator shall serve as a voting member of the Board. However, an elected official serving as Chairperson of the Board, or other governmental employees that are not employed for the purpose of making provisions for transportation and are not directly supervised by the Community Transportation Coordinator, are eligible to serve as voting members of the Board. B. VOTING ALTERNATE MEMBERS 1. Agency alternates are to be appointed in writing to the planning agency (MPO) by an agency representative. Non-agency alternates may be appointed by the MPO, if desired; 2. Each alternate may vote only in the absence of that member on a one-vote- per-member basis. 3. Alternates for a Board member who cannot attend a meeting must be a representative of the same interest as the primary member. C. NON-VOTING MEMBERS AND TECHNICAL ADVISORS Additional non-voting members may be recommended by the Board and appointed by the MPO. 2 Manatee County TD Local Coordinating Board Bylaws Upon a majority vote of a quorum of the Board, non-voting technical advisors may be approved for the purpose of providing the Board with technical advice as necessary. SECTION IV. OFFICERS A. CHAIRPERSON The MPO shall appoint an elected official to serve as the official Chairperson for all Board meetings. The appointed official shall be an elected official from Manatee County or a municipality located in Manatee County. Should the individual no longer be in office after elections, the MPO shall replace him/her or reappoint the Chairperson at the end of his/her term. B. VICE-CHAIRPERSON The Board shall hold an organizational meeting each year for the purpose of electing a Vice-Chairperson. The Vice Chairperson shall be a regular member elected by a majority vote of a quorum of the Board. The Vice Chairperson shall serve a term of one year starting with the first meeting after the election. In the event of the Chairperson's absence, the Vice Chairperson will assume the duties of the Chairperson and conduct the meeting. The Vice-Chairperson may serve more than one term. If both the Chairperson and the Vice-Chairperson are absent from a meeting, the meeting shall be chaired by the MPO staff, who shall not vote. SECTION V. TERMS OF APPOINTMENT Except for the Chairperson, the non-agency members of the Board shall be appointed for three (3) year terms. Agency members shall serve until replaced by the agency they represent. SECTION VI. ATTENDANCE The MPO shall consider rescinding the appointment of any member of the Board who fails to attend three consecutive meetings or is recommended by the Board, to the MPO, that their membership be rescinded. SECTION VII. ADMINISTRATION A. MPO Staff Support 3 Manatee County TD Local Coordinating Board Bylaws The MPO shall provide the Board with sufficient staff support and resources to enable the Board to fulfill its responsibilities as set forth in Chapter 427.0157, Florida Statutes. The MPO shall provide sufficient staff to manage and oversee the responsibilities of the Board. This includes, but is not limited to assisting in the scheduling of meetings, training of the board members; evaluating cost effectiveness; reviewing the local transportation disadvantaged Service Plan; preparing, duplicating, and distributing meeting packets; and other necessary administrative duties and costs, as appropriate. B. Meeting and Notices The Board shall meet as often as necessary in order to meet its responsibilities. However, the Board shall meet at least quarterly with a quorum of its membership. A quorum of the Board membership is nine voting members. All meetings, including committee meetings, will function under the "Government in the Sunshine Law". All meetings will provide opportunity for public comments on their agenda. 1. Full Board Meeting Notices MPO staff shall give all board members, Commission for the Transportation Disadvantaged Region III Manager, other interested parties, and the news media, at least seven days written notice of the date, time, and place for all regular Board meetings. Members may request to place items on the agenda by notifying the MPO staff who will then place that request on the next tentative agenda . 2. Emergency Meeting Notices and Committee Meeting Notices MPO staff shall give Board members and others seven days notice if possible, of the date, time, location and proposed agenda for Committee meetings and emergency meetings. Meeting materials shall be provided as early as possible. C. Minutes MPO staff is responsible for maintaining an official set of minutes for each Board meeting. The minutes shall be prepared in a reasonable time following the meeting and shall include an attendance roster indicating what agency, organization or position each member represents and shall reflect a summary of official actions taken by the Board. The record of official actions shall include who made and seconded motions, as well as the number of members who voted for or against motions. Copies of all Board minutes shall be sent to the Commission for the Transportation Disadvantaged and the Chairperson of the MPO after each meeting, or as part of the quarterly report. Minutes of the full board meeting shall be mailed to the Manatee 4 Manatee County TD Local Coordinating Board Bylaws County Transportation Disadvantaged Local Coordinating Board, and it's advisory members seven days prior to the next regularly-scheduled board meeting. Committee meeting minutes may be in the form of a brief summary of basic points, discussions, decisions, and recommendations to the full board. SECTION VIII. DUTIES A. According to Chapter 427.0157, Florida Statutes, the Board has the following duties: 1. Review and approve the Community Transportation Coordinator's Service Plan, including the Memorandum of Agreement (MOA), prior to submittal to the Commission for the Transportation Disadvantaged. a. In order to perform this duty, the Board shall establish a Committee to review and develop recommendations concerning the MOA and coordinated community transportation disadvantaged Service Plan. This Subcommittee shall ensure that the Service Plan has been developed by involving all appropriate parties in the process. b. The Subcommittee shall forward the MOA and Service Plan to the Board with a recommendation. After Board review, of the Committee's recommendations, the Board shall forward it's recommendations to the MPO for review and final disposition. 2. Conduct an annual performance evaluation of the Community Transportation Coordinator. This evaluation shall be conducted using evaluation criteria developed by the Commission for the Transportation Disadvantaged, as well as any other evaluation criteria approved by the Board. The evaluation of the Community Transportation Coordinator's performance shall be both in general, and relative to specific criteria contained in the Service Plan, and recommendations contained in the Commission for the Transportation Disadvantaged quality assurance reviews. The results of the annual evaluation and recommendations relative to performance and renewal of the Memorandum of Agreement or Service Plan shall be forwarded to the MPO for its consideration as it develops its recommendations concerning the redesignation of the Community Transportation Coordinator. The results of this evaluation and the MPO's recommendation shall be forwarded to the Commission for the Transportation Disadvantaged for final disposition. 3. In cooperation with the Community Transportation Coordinator, review and 5 Manatee County TD Local Coordinating Board Bylaws provide recommendations to the MPO on all funding applications for local government, state or federal funds relating to the transportation disadvantaged within Manatee County to ensure that any expenditures within the designated service area are provided in the most cost effective and efficient manner. a. Appoint a Subcommittee to review these applications to ensure that they are consistent with the Community Transportation Coordinator's Service Plan contained in the approved Memorandum of Agreement. This review shall consider: 1. the need for the requested funds or services; 2. consistency with local government comprehensive plans; 3. coordination with local transit agencies; 4. consistent with the Community Transportation Coordinator's Service Plan; 5. whether such funds are budgeted for the services expected; and 6. whether such funds will be spent in a manner consistent with the requirements of coordinated transportation laws and regulations. b. Notify the Commission for the Transportation Disadvantaged of any unresolved funding requests without delaying the application process. 4. Review the coordination strategies or service provision to the transportation disadvantaged in Manatee County to seek innovative ways to improve cost effectiveness, efficiency, safety, working hours, and types of service in an effort to increase ridership to a broader population. Such strategies should include: a. Supporting inter and intra county agreements to improve coordination as a way to reduce costs for service delivery, maintenance, insurance, or other identified strategies; and b. Seeking the involvement of the private and public sector, volunteers, public transit, school districts, elected officials, and others in any plan for improved service delivery. 6 Manatee County TD Local Coordinating Board Bylaws B. Appoint a Grievance Committee to serve as a mediator to hear and investigate complaints from agencies, users, potential users, Community Transportation Coordinators, subcontractors, or other interested parties, and make recommendations for improvement of service from the suggestions made from agencies, users, potential users of the system, and the Community Transportation Coordinator in the designated service area. C. Establish procedures to provide regular opportunities for issues to be brought before the Grievance Committee and to address them in a timely manner. The Board process should complement the Community Transportation Coordinator's grievance process. Members appointed to the committee shall be voting members of the Board. D. In coordination with the Community Transportation Coordinator, jointly develop applications from funds that may become available. E. Annually review coordination contracts to advise the Community Transportation Coordinator whether the continuation of said contract provides the most cost effective and efficient transportation available. F. Annually hold a public hearing for the purpose of receiving input on unmet needs or any other areas that relate to the local transportation services. The public hearing will be held at a place and time that is convenient and accessible to the general public. In order that additional funding is not used or needed to accommodate this requirement, the public hearing shall be incorporated with a regular business meeting of the Board. A public hearing can be held jointly with the Commission for the Transportation Disadvantaged and this will satisfy the annual requirement. SECTION IX. AMENDMENTS These Bylaws may be amended by the affirmative vote of two-thirds of the members of the full Board, provided a copy of the propose amendment shall have been provided to every member at least thirty (30) days before it is to be voted on. All proposed amendments shall be voted on at regular meetings. SECTION X. PARLIAMENTARY PROCEDURES The Board will conduct business using parliamentary procedures according to the latest version of Robert's Rules of Order. 7 Manatee County TD Local Coordinating Board Bylaws SECTION XI. EFFECTIVE DATE These Bylaws and any and all amendments to the Bylaws will become effective upon an affirmative vote of two-thirds of the voting Board. These Bylaws are hereby approved on this the 19th day of January, 2011. Coordinating Board: Attested: ____________________________________ _______________________________ Mayor Rich Bohnenberger, Chairperson Jim Van Pelt, Manatee County Transportation Disadvantaged Public Transportation Planner Local Coordinating Board Sarasota/Manatee Metropolitan Planning Organization 8 Manatee County TD Local Coordinating Board Bylaws RULES AND PROCEDURES FOR THE MANATEE COUNTY TRANSPORTATION DISADVANTAGED COORDINATING BOARD GRIEVANCE COMMITTEE APPROVED January 19, 2011 SECTION 1. CREATION OF COMMITTEE: 1.01 There is hereby created and established a Grievance Committee of the Manatee County Transportation Disadvantaged Local Coordinating Board as required by Chapter 427 of the Florida Statutes and as specified in the Manatee County Transportation Disadvantaged Local Coordinating Board Bylaws. 1.02 The Local Coordinating Board Grievance Committee hereinafter referred to as the Grievance Committee. SECTION 2. DEFINITIONS: 2.01 As used in these Rules and Procedures the following words and terms shall have the meanings assigned herein: A. COMMUNITY TRANSPORTATION COORDINATOR (CTC): A transportation entity appointed to ensure that coordinated transportation services are provided to the transportation disadvantaged population in a designated service area. B. TRANSPORTATION DISADVANTAGED (USER): Those individuals who because of physical or mental disability, income status or age are unable to purchase and are therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities or other life sustaining activities. C. FUNDING AGENCY: Those agencies which have a funding contract with the CTC for transportation services for the transportation disadvantaged. D. TRANSPORTATION PROVIDER: The entity providing transportation services for the transportation disadvantaged whether it be a private non-profit, private for profit, or public provider. E. PLANNING AGENCY STAFF: Sarasota/Manatee MPO Staff assigned to provide administrative support to the Coordinating Board and all of its Committees. SECTION 3. OBJECTIVES: 3.01 The objectives of the Grievance Committee shall be to suggest rules and procedures to ensure quality service and to provide participating users, funding agencies and transportation providers with an impartial body to hear unresolved complaints concerning services rendered and to suggest possible resolutions. 3.02 It should be noted that there is a distinct difference between “hearing” a grievance, and “hearing and determining” a grievance. Neither the Grievance Committee nor the Local Coordinating Board has the authority to “hear and determine” a grievance. The Local Coordinating Board only has the authority to “hear” and advise. When an entity makes a determination of rights, duties, privileges, benefits, or legal relationships of a specified person or persons, it is exercising “adjudicative” or “determinative” powers. Deciding a grievance between two independent parties may fall into these parameters, depending on the nature of the grievance. Chapter 427, Florida Statutes grants no adjudicative powers to anyone. Even though the Local Coordinating Board does not have determinative or adjudicative powers, the recognition of problems by the various members of the Local Coordinating Board is a very useful mechanism to help resolve many issues. In addition, it should be noted that since the Local Coordinating Board is involved in the development and approval of the Community Transportation Coordinator’s Service Plan, and the annual evaluation of the Community Transportation Coordinator, there is considerable avenue for the Local Coordinating Board to influence changes where needed. 3 SECTION 4. MEMBERSHIP: 4.01 Members of the Grievance Committee shall be appointed by the Local Coordinating Board and shall consist of at least five voting members of the Board. SECTION 5. TERM OF MEMBERS: 5.01 The members of the Grievance Committee shall serve a term of one (1) year. Members are selected by the Local Coordinating Board at the first regular Board meeting of each calendar year. 5.02 The Grievance Committee shall elect a Chairperson and a Vice Chairperson at the first scheduled meeting of each year who shall serve until successors are elected. 5.03 A majority shall be present for any official action. The meetings shall be held at such times as the Grievance Committee may determine. 5.04 No member of the Local Coordinating Board or Grievance Committee will have a vote on an issue that is deemed a conflict of interest. 5.05 Any member of the Grievance Committee or Local Coordinating Board who provides advise, advocacy, or assistance in any capacity to an individual in the filing of a complaint to the Community Transportation Coordinator or in the filing of a grievance to the Grievance Committee will be considered to have a conflict of interest. In such cases the member will abstain from any vote taken in relation to that particular complaint or grievance during any deliberations held to develop a suggested resolution by the Grievance Committee or Local Coordinating Board. 4 SECTION 6. GRIEVANCE PROCEDURES: 6.01 Grievance procedures will be those as specified by the Grievance Committee as set forth below: 6.02 Unresolved complaints which emanate from continued lateness, driver behavior, passenger discomfort, irregularities in the system of delivery or decisions made to deny, reduce or terminate services constitute grievances for users or funding agencies. Unresolved complaints about charges or billing constitute grievances by a funding agency or transportation provider. Other unresolved complaints can be heard at the discretion of the Grievance Committee. 6.03 The Community Transportation Coordinator (CTC) will make every effort to resolve the complaint following the procedures of his/her agency. 6.04 If this effort is not successful, the grievant may present their unresolved complaint in the form of a written statement to the Grievance Committee through the Planning Agency Staff. This statement should describe the details of the unresolved complaint, the attempts made to resolve the complaint, and why the proposed resolution was not satisfactory. Upon request, the Planning Agency staff will provide assistance to any grievant with producing their written statement . 6.05 Upon receipt of the written statement, the Planning Agency staff will notify the Grievance Chairperson of the filing of a grievance. The Chairperson shall have fifteen (15) working days to contact Grievance Committee members and set a grievance hearing date. 6.06 The grievant and all parties involved shall be notified at least seven (7) working days prior to the hearing date by certified mail, return receipt requested. 5 SECTION 7. POWERS AND DUTIES OF THE GRIEVANCE COMMITTEE: 7.01 The Grievance Committee shall have the power to hold hearings, conduct investigations and take testimony in all matters relating to unresolved complaints or grievances brought before the Committee by a user, funding agency or transportation provider. 7.02 Each party, at their own expense, shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, and to examine opposing witnesses on any relevant matter. 7.03 The Grievance Committee shall review the material presented and recommend a resolution to all parties involved within ten (10) working days. The said notice shall be sent to all parties by certified mail, return receipt requested. 7.04 All meetings and hearings shall be open to the public. 7.05 Minutes shall be kept at each hearing and filed with the Coordinating Board and shall be public record. 7.06 If the recommended resolution made by the Grievance Committee is not satisfactory to the grievant, the grievant may, within ten days of receipt of the recommended resolution, request that their grievance be heard by the Local Coordinating Board at the next regularly scheduled meeting. 7.07 If the recommended resolution made by the Local Coordinating Board is not satisfactory to the grievant, the grievant may, within ten days of receipt of the recommended resolution, request that their grievance be heard by the Sarasota/Manatee MPO Board at the next regularly scheduled meeting. 6 7.08 If all above attempts are unsuccessful, the grieving party may notify the Transportation Disadvantaged Commission, Tallahassee, Florida. The Commission shall respond to the grieving party within thirty (30) calendar days. SECTION 8. NOTIFICATION OF PROCEDURES: 8.01 The grievance procedures and the rights of the user shall be posted in a location that is generally visible to sighted clients and be periodically explained verbally to sight impaired clients. 7 PROPOSED MANATEE COUNTY LOCAL COORDINATING BOARD MEETING SCHEDULE 2011 Wednesday, January 19, 2011 Wednesday, May 18, 2011 Wednesday, September 7, 2011 Wednesday, November 16, 2011 All meetings will be held at the MPO offices 7632 15th Street East, Sarasota, Fl. 34243 Beginning at 10:00 A.M.
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