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TITLE II OF THE AMERICANS WITH DISABILITIES ACT

COMPLAINT PROCEDURE

Title II of the Americans with Disabilities Act (the “ADA”) protects qualified individuals with a disability from discrimination on the basis of that disability in the services, programs, or activities of the Capital District Transportation Authority (CDTA). This notice is posted to inform the public of the provisions of Title II of the ADA and the requirements of the federal ADA regulations

The Capital District Transportation Authority (CDTA) does not discriminate against qualified individuals with a disability in its services, programs, or activities. Also, qualified individuals with a disability are not excluded from participation in or denied the benefits of the services, programs, or activities of the CDTA.

The US DOT ADA Final Rule, effective July 13, 2015, revised the local complaint process requirements in 49 CFR Parts 27 and 37 to require that recipients sufficiently advertise the process for filing an ADA-related complaint and communicate a response promptly to any individual filing a complaint.

Title II of the Americans with Disabilities Act (the “ADA”) protects qualified individuals with a disability from discrimination on the basis of that disability in the services, programs, or activities of CDTA. This notice is posted to inform the public of the provisions of Title II of the ADA and the requirements of the federal ADA regulations.

The ADA Certification Manager, or his/her designee, shall be responsible for overseeing investigations and responses to complaints of discrimination based on disability for both fixed-route and paratransit services.

How to File a Complaint: Fill out an ADA Complaint Form or call Customer Service. Complaint Forms are available online at https://www.cdta.org/sites/default/files/pdfs/ada_complaint_process_2018.pdf, or by request at CDTA, 110 Watervliet Avenue, Albany, NY 12206, 518-437-8378.

Complaints can be filed orally or in writing and should contain:

  1. The name, address, and telephone number of the individual or representative filing the complaint; complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination;
  2. An explanation of the discrimination or denial of service;
  3. The date the alleged violation(s) occurred;
  4. Signature of the person filing the complaint;.

Complaints may be submitted to CDTA as follows:

  1. Mail completed form to CDTA, Attn: Tanya Pitts, ADA Certification Manager, 110 Watervliet Avenue, Albany, NY 12206.
  2. Via telephone by calling 518-437-8378.
  3. In-person at CDTA’s main office, 110 Watervliet Avenue, Albany, NY 12206, Monday – Friday, 8:00 am – 4:00 pm.

If you need assistance in filing or writing your complaint, the ADA Certification Manager or designee will, at your request, help you locate an impartial advocate or representative not associated with Capital District Transportation Authority. You must also specify any other reasonable accommodation or alternate format you may require to effectively communicate your complaint. Accessible formats are available upon request. The complaint form must be filled out completely and filed CDTA within 90 calendar days from the date of the alleged discriminatory action or practice.

Acknowledgment of Complaint Receipt: Within 10 business days after the receipt of the complaint, the complainant will be contacted by mail, email or phone. Information provided will include:

  1. Acknowledgment that their complaint has been received and forwarded for investigation;
  2. How to contact CDTA if the complainant does not receive a response within 10 business days.

Investigation of Complaint: The ADA Certification Manager will investigate the complaint and respond in writing within 10 business days from receipt of the complaint. The response will set out a process for the resolution of the complaint. If no action is taken, the response will state the reasons for the decision. (CDTA employee and transit contractor’s personnel files are confidential; therefore, specific information on disciplinary actions resulting from complaints will not be divulged). Information provided will include:

  1. A description of the complaint;
  2. A finding of facts;
  3. A description of how the complaint will be resolved;
  4. When the complaint will be resolved; and
  5. An assurance that CDTA will comply with the specific terms of the resolution of the complaint.

If CDTA is unable to resolve the complaint, you will be notified of this non-resolution within 10 business days.

The notification will include:

  1. A description of the complaint;
  2. A summary of any resolution(s) proposed;
  3. A statement addressing the issues that were not resolved at the meeting.

Appeals: The complainant can appeal the decision in instances where he or she is dissatisfied with the resolution. The request for appeal should be made within thirty (30) business days of receipt of the response to the complaint. An appeal may be made in writing, telephone or in-person. Appeal should be directed to CDTA Director of Transportation at 110 Watervliet Avenue, Albany New York 12206, 518-437-8372.

Appeals Follow-Up (only if requested by the complainant): The Director of Transportation will review the appeal and respond in writing within 10 business days of the receipt of the decision. Information provided will include:

  1. A copy of your complaint; and
  2. A brief report of the outcome of the investigation.

If requested by the complainant, a hearing will be scheduled on the matter, during which the customer will be permitted to present any materials or testimony relevant to the appeal. The Director of Transportation will review the information provided by the customer (or the customer's representative) and make a decision on whether to uphold the decision. This decision will be made within 10 business days.

File Retention: The ADA Certification Manager shall maintain the files and records relating to the complaints filed, for a minimum period of office (5) years. Copies of complaints may be requested from the ADA Certification Manager in accordance with the New York Public Records Act. Names and addresses of the complainants will be redacted to protect the individuals’ privacy rights if copies of complaints are produced.

Individuals may also file complaints with Federal Transit Administration Office at:

Federal Transit Administration

Office of Civil Rights

U.S. Department of Transportation

400 Seventh St. SW, Room 9102

Washington DC 20590

www.fta.dot.gov/ada

The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall be impaired by the person’s pursuit of other remedies, such as the filing of an ADA complaint with the responsible state or federal department or agency. The use of this complaint procedure is not a prerequisite to the pursuit of remedies.

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