Title VI Complaint Process

Last modified Tuesday, February 19, 2008 13:11

Purpose

The Atlanta Regional Commission’s complaint process covers complaints filed by an individual or group of individuals under Title VI of the Civil Rights Act of 1964, relating to any planning process, program or activity administered by the Atlanta Regional Commission. The process does not deny the right of the complainant to file formal complaints with other state or federal agencies, or to seek private counsel.

Definitions

Title VI of the Civil Rights Act of 1964 states: No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Complaint: Any verbal or written communication received by the Office of the Director from members of the public referencing a general complaint regarding the inequitable distribution of benefits, services, amenities, programs or activities financed in whole or in part with federal funds is perceived as an informal charge.   A complaint is further defined as any written complaint by an individual or group seeking to remedy perceived discrimination by policies, practices or decisions, which have an adverse impact resulting in inequitable distribution of benefits, services, amenities, programs or activities financed in whole or in part with federal funds.

Title VI Complaint Form (doc)

Responsibility

The Director of the Atlanta Regional Commission is responsible for Title VI and has designated the following as Title VI Officers:

Ms. Carolyn White Community Outreach Atlanta Regional Commission 40 Courtland St. NE Atlanta, Georgia 30303 (Telephone) 404-463-3329 cwhite@atlantaregional.com

Mr. Emerson Bryan Director of Support Services (cognizant Office of the Director  - Department Director) Atlanta Regional Commission 40 Courtland St. NE Atlanta, Georgia 30303 (Telephone) 404-463-3120 ebryan@atlantaregional.com

It is the official policy of the Atlanta Regional Commission to minimize potential complaints through the following:

• The Regional Transportation Participation Plan, adopted by the ARC Board in October 2002, updated 2006
• ARC Official Policy for Citizen Input, adopted by the ARC Board and revised on March 25, 2001
• Implementation of procedures and guidelines for ARC’s planning and participation processes in accordance with policies, including:
  • Public notice of review and comment period through a legal organ, the ARC website, media advisories and extensive mailing lists
  • Reasonable opportunity for review and comment inclusive of a 30-day review and comment period
  • Comment documentation and distribution to policy makers and the general public
  • Opportunities for citizens to participate through focus groups, listening sessions, task forces and planning teams
  • A formal ARC committee structure for approvals and recommendations: Transportation Coordinating Committee, Transportation and Air Quality Committee and ARC Board
  • Opportunities for oral and written comment by email, survey responses, fax, phone calls, regular mail, telephone conversation, public hearings or face to face conversations
  • A participation evaluation process to assess the effectiveness of public outreach activities

Supporting documents for the above may be obtained from ARC’s website, www.atlantaregional.com and Information Office, 404-463-3102(telephone).

Intake and Processing

• Any ARC employee may receive a verbal or written communication of a concern and shall direct the complainant to report the concern directly to one of ARC’s designated Title VI Officers. Contact information is provided on ARC’s website.
• All complaints will be assigned a tracking number upon completion of the complaint form.
• An investigation will occur unless there is omission of facts which could establish intentional unequal treatment as described in the Definitions section of this document or the complainant is not a primary beneficiary of the federal funding received by ARC.
• If determination is made that the matter is outside the scope of Title VI, notification will be provided complainant in writing within 10 working days of receipt of complaint.
• If the matter is determined to be within the scope of Title VI, the Title VI Officer will notify the complainant and begin an investigation within 10 working days of receipt of the complaint.

Investigation, Determination and Recommendation

• The Title VI Officer, in consultation with the affected department, will conduct an investigation inclusive of the following steps: the basis of the alleged unequal treatment; ascertain when and where the alleged unequal treatment occurred; identify and interview all relevant parties, review documents; and obtain other factual information from appropriate sources.
• A record of all discussions will be maintained and documents relating to the investigation retained in a confidential file by Title VI Officials.
• Based upon conclusion of a thorough investigation, a report will be prepared summarizing findings and suggesting appropriate corrective action along with proposed resolution.
• The investigation will be conducted and completed within 60 days of the receipt of the formal complaint.
• The investigative report will be submitted to the ARC Director.

Communication of Findings and Complaint Resolution

• The Director of the Atlanta Regional Commission will accept, reject, or modify the investigative report.
• Written notification will be provided to the complainant of the findings and proposed resolution within 30 days.

Appeal

The complainant may appeal to the Executive Committee of the Atlanta Regional Commission.