Fresno COG’s Title VI Complaint Procedures
Fresno COG has in place a Title VI Complaint Procedure, which outlines a process for local disposition of Title VI complaints and is consistent with guidelines found in Chapter VII of the Federal Transit Administration Circular 4702.1, dated May 26, 1988.
The Title VI Coordinator will disseminate Title VI Program information to Fresno COG employees, sub-recipients, consultants and beneficiaries as well as the general public. Public dissemination will include the posting of public statements, and the inclusion of the Title VI language in contracts.
The complaint procedure has five steps outlined below:
Submission of Complaint:
Any person who feels that he or she, individually, or as a member of any class of persons, on the basis of race, color, national origin, age, sex, disability, religion, or low-income status has been excluded from or denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance through Fresno COG may file a written complaint with the Deputy Director. Such complaint must be filed within 60 days after the date the person believes the discrimination occurred.
Referral to Review Officer:
Upon receipt of the Complaint, the Fresno COG Title VI Coordinator will review, evaluate and investigate the Complaint. The Title VI Coordinator shall complete their review no later than 45 calendar days after the date Fresno COG received the complaint. If more time is required, the Deputy Director, Policy shall notify the Complainant of the estimated time-frame for completing the review. Upon completion of the review, the Title VI Coordinator shall make a recommendation regarding the merit of the Complaint and whether remedial actions are available to provide redress. Additionally, the Title VI Coordinator may recommend improvements to Fresno COG processes relative to Title VI and environmental justice, as appropriate. The Title VI Coordinator shall forward their recommendations to the Executive Director, for concurrence. If the Executive Director agrees, he shall issue Fresno COG’s written response to the Complainant.
Request for Reconsideration:
If the Complainant disagrees with the Executive Director’s response, he or she may request reconsideration by submitting the request, in writing, to the Executive Director within 10 calendar days after receipt of the Executive Director’s response. The request for reconsideration shall be sufficiently detailed to contain any items the Complainant feels were not fully understood by the Executive Director. The Executive Director will notify the Complainant of his decision either to accept or reject the request for reconsideration within 10 calendar days. In cases where the Executive Director agrees to reconsider, the matter shall be returned to the Title VI Coordinator to re-evaluate in accordance with Paragraph 2, above.
If the request for reconsideration is denied, the Complainant may appeal the Executive Director’s response to the Complaint by submitting written appeal to Fresno COG’s Administration Committee no later than 10 calendar days after receipt of the Executive Director’s written decision rejecting reconsideration.
Submission of Complaint to the Department of Transportation:
If the Complainant is dissatisfied with Fresno COG’s resolution of the complaint, he or she may submit a complaint to the Department of Transportation for investigation. In accordance with Chapter VII, Title VI Discrimination Complaints, of FTA Circular 4702.1, such a complaint must be submitted within 180 calendar days after the date of the alleged discrimination. Chapter VII of the FTA Circular 4702.1, which outlines the complaint process to the Department of Transportation, may be obtained by requesting a copy from Fresno COG’s Public Information Officer at (559) 233.4148.