Title VI Adoption

Notifying the Public of Rights Under Title VI 

The Board of Morgan County Commissioners operates its programs and services, including Buckeye Southeast Transit, without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the Morgan County Commissioners. For more information on the Morgan County Commissioners civil rights program, and the procedures to file a complaint, contact Shannon Wells, Director, 740-962-1322, (TTY 800-750-0750; email shannon.wells@morgancounty-oh.gov; or visit our administrative office at 155 E. Main Street Rm 135, McConnelsville, Ohio 43756. For more information, visit www.buckeyesoutheast.com. 

For transportation-related Title VI matters, a complainant may file a complaint directly with the Ohio Department of Transportation by filing a complaint with the Office of Equal Opportunity, Attention: Title VI Coordinator, 1980 West Broad St., Columbus, Ohio 43223. 

For transportation-related Title VI matters, a complainant may file a complaint directly with the Federal Transit Administration by filing a complaint with the Office of Civil Rights, Attention: Title VI Program Coordinator, East Building, 5“ Floor-TCR, 1200 New Jersey Ave., SE, Washington DC 20590.

If information is needed in another language, contact 740-962-1322. This notice will be posted on all Buckeye Southeast Transit vehicles, at the Buckeye Southeast Transit garage located at 900 S. Riverside Dr. NW, McConnelsville, Ohio 43756, and on the agency website: www.buckeyesoutheast.com. 

Title VI Complaint Procedure

Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by the Board of Morgan County Commissioners (operating as Buckeye Southeast Transit Transit)(hereinafter referred to as “the Agency”’) may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form. The Agency investigates complaints received no more than 180 days after the alleged incident. The Agency will process complaints that are complete. 

Once the complaint is received, the Agency will review it to determine if our office has jurisdiction. The complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated by our office.

The Agency has 30 days to investigate the complaint. If more information is needed to resolve the case, the Agency may contact the complainant. The complainant has 7 business days from the date of the letter to send requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the additional information within 7 business days, the Agency can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case. 

After the investigator reviews the complaint, she/he will issue one of two letters to the complainant: a closure letter or a letter of finding (LOF). A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. An LOF summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member or other action will occur. If the complainant wishes to appeal the decision, she/he has 14 days after the date of the letter or the LOF to do so. 

For transportation-related Title VI matters, a person may also file a complaint directly with the Ohio Department of Transportation, at ODOT Office of Opportunity Diversity and Inclusion, Attention: Title VI Coordinator, 1980 West Broad St., Columbus, Ohio 43223.

For transportation-related Title VI matters, a person may also file a complaint directly with the Federal Transit Administration, at FTA Office of Civil Rights, 1200 New Jersey Avenue SE, Washington, DC 20590. 

Title VI Complaint Form

Any person who believes she or he has been discriminated against on the basis of race, color, or national origin by the Board of Morgan County Commissioners (operating as Buckeye Southeast Transit) (hereinafter referred to as “the Agency”’) may file a Title VI complaint by completing and submitting the agency’s Title VI Complaint Form. 

List of Investigations, Lawsuits, and Complaints

Public Participation Plan 

This public participation plan will be used to inform the public how they can participate in the planning process for Buckeye Southeast Transit. Every effort will be made to inform and include populations of low to moderate income and limited English proficiency (LEP) or other minority groups. Pursuant to FTA C 4702.1B, Chapter IIl —Section 8, this plan will be adopted so all citizens of Morgan County will be provided the opportunity to participate in planning activities for Buckeye Southeast Transit.

Morgan County citizens are encouraged to participate in any discussions which occur in the public hearings, transit advisory committee meetings or weekly transit updates to the commissioners. Buckeye Southeast Transit has at least one public hearing annually prior to submitting the ODOT grant application. The hearings are held in the Morgan County Commissioners office, 155 E. Main St. Rm 216 McConnelsville, Ohio 43756 and this location is an accessible location. The public hearing notices and transit advisory committee meetings will be advertised in the Morgan County Herald which publishes weekly. These notices will also be displayed in the The Riecker Bldg. (Community Center/Local Government building) bulletin board in the entry way.

According to the 2020 Census, the minority population and non-English speaking residents in Morgan County is very small making it difficult to find minorities to participate in the planning process. Communities of minorities are difficult to pinpoint in rural areas. Buckeye Southeast Transit will make every effort to provide transportation or interpretation needs if given adequate notice to do so. (48 hr advance notice for transportation, 5 business days for interpretation services).

Buckeye Southeast Transit makes many attempts in their outreach efforts for the general public including any minority or LEP populations. A brochure and website was created to share system information with the general public. These two methods of outreach describe compliance with the Title VI program and the Civil Rights Laws. They also mention alternative formats are available upon request. Additional outreach efforts include: participation in all the county parades each year. A classified ad runs every week in the Morgan County Herald that discusses the system services. System brochures are displayed at most social service agencies and other popular destinations in the county. A fair booth is also rented the week of the Morgan County Fair which allows the system to reach a lot of their target audience. All of these marketing methods described are encouraging the general public to get to know our system via ridership or during the planning activities throughout the year. 

LEP Plan 

Purpose: The purpose of this Limited English Proficiency Plan is to provide assurances and demonstrate that “customers of Buckeye Southeast Transit are being provided meaningful access to program - information and services although the customers may be limited in their English Language Proficiency. This plan will be updated every two years to refresh the assurances contained in the plan, address any changes in methods and update any changes in the LEP population utilizing the Transit Programs.

Authorities and Definitions 
Federal Authorities 
Title VI of the Civil Rights ACT of 1964, 42 U.S.C. 2000 et seq: 45 CFR 80 

Nondiscrimination based on race, color or national origin for any programs receiving federal financial assistance. Failure to provide meaningful access to program information, benefits and/or services due to an applicant / recipient’s LEP is considered discrimination based on national origin. 

U.S. Department of Justice Title VI Legal Manual, January 11, 2001 edition 
Federal Register Policy Guidance Concerning LEP published 12/14/05 page 74087 
FTA C 4702.1A Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients. 
FTA C 4702.1B, Chapter III —Section 8, Section 9 

Definitions of Terms:

Transit Agency - Any agency receiving Section 5310 (specialized transportation program) and Section 5311 (rural transit program) from the Ohio Department of Transportation. 

Effective Communication - In transportation service effective communication occurs when staff have taken necessary steps to make sure that a person who is LEP is given adequate information in his/her language to understand the services, benefits or the requirements for services or benefits offered by the transit agency. These necessary steps must allow an individual the opportunity to qualify for the benefits or services provided by that transit agency without unnecessary delay due to the person’s LEP. Effective communication also means that a person who is LEP is able to communicate the relevant circumstances of his/her situation to the transit agency. 

Interpretation - Interpretation means the oral or spoken transfer of a message from one language into another language. 

Limited English Proficiency - A person with limited English proficiency or “LEP” is not able to speak, write, or understand the English Language well enough to allow him/her to interact effectively with a transit agency. 

Meaningful Access - “Meaningful access” to benefits, programs and services is the standard of access required of the transit agency since they receive federal funding through the state of Ohio. Meaningful access required compliance by transit agencies with state and federal LEP requirements as set out in relevant state and federal laws. To ensure meaningful access for people with LEP, transit agencies must make available to applicants/recipients of benefits/services free language assistance that results in accurate and effective communication that does not result in undue delay or denial of benefits/services to which the LEP applicant/recipient is eligible. 

Translation —Translation means the written transfer of a message from one language into another language. 

Oral - Interpretation Buckeye Southeast Transit will where feasible and possible encourage the use of qualified community volunteers as interpreters and translators.

Documents —Brochures designed and utilized by the transit agency that are critical for accessing federally funded services or benefits or are required by law. 

Buckeye Southeast Transit Services Policy 

It is the policy of Buckeye Southeast Transit to provide meaningful access to all individuals requesting transportation services administered by, supervised by, authorized by Buckeye Southeast Transit. Meaningful access involves Buckeye Southeast Transit promoting effective communication to LEP individuals seeking or receiving services to the transportation program funded in whole or part by federal funds. This plan specifically provides necessary assurances and identifies tools being used to complete this policy. 

The agency brochure is the main communication tool being used to communicate language assistance services. Buckeye Southeast Transit is in the process of creating a website to use as a secondary means of communication. 

Four Factor Analysis 
Factor #1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the program or subrecipient. 

Currently, Buckeye Southeast Transit doesn’t have any LEP riders. Buckeye Southeast Transit has determined that the language(s) other than English that is/are most likely to be encountered by employees of the agency is ‘Other Indo-European Languages. The methodology used to make this determination is as follows: 2020 US Census Bureau that lists ‘Other Indo-European’ language speakers as the largest possible LEP Population at 0.6% of the county’s population. There is also a small population (less than 10) of disabled individuals through our local Morgan County Developmental Disabilities program that utilizes the Ohio Relay Services with the Buckeye Southeast Transit office. Any LEP language group that comprises at least 5% or 1,000 individuals whichever is less, of persons eligible for or likely to be affected by the agency’s transit service or benefits must be included as one of the county languages. It is this information that leads the agency to believe that the number of LEP persons eligible to be served or likely to be encountered by the program to be less than 100 persons. 

Factor #2: The frequency with which LEP persons come into contact with the program. In the last several years, there have been 5-10 LEP persons who interacted with the agency. There are two individuals who utilize the Ohio Relay Service on average of once per month. In the last 12 months, zero calls were documented using the Ohio Relay Service. Buckeye Southeast Transit will periodically monitor the LEP population of those served or those who could be served by Buckeye Southeast Transit for transportation services. If it is determined that other LEP language groups are seeking transit services or are potentially eligible to receive services, Buckeye Southeast Transit will adjust its methods and services to serve the new population accordingly. Any new LEP population will be reflected in the next updated LEP plan. 

Factor #3: The nature and importance of the program, activity, or service provided by the program to people’s lives. Buckeye Southeast Transit operates a demand response system Monday through Friday, from 8:00am-5:00pm. They provide in county and out of county service. All services are open to the general public. The service we provide to the community is a vital service as we transport people to their jobs, education and medical appointments. 

Factor #4: The resources available to the sub recipient for LEP outreach, as well as the costs associated with that outreach. 

Buckeye Southeast Transit utilizes and communicates the Ohio Relay Service at 1-800-750-0750 to the Morgan County population. The Ohio Relay Service (ORS) provides full telephone accessibility to people who are deaf, deaf-blind, hard-of-hearing or speech-disabled. Specially trained Communication Assistants (CA’s) process relay calls and stay on the line to relay conversations electronically, over a Text Telephone (TTY) or, in some cases, verbally to hearing parties. ORS is available 24 hours a day, 365 days a year, with no restrictions on the number of calls placed or on their length. This valuable communications tool gives all individuals who are deaf, deaf-blind, hard-of-hearing or speech-disabled the opportunity to make personal and business calls just like any other telephone user. Another resource is the Spanish teacher at Morgan High School. He/She could be asked to provide telephone and on site interpreting services for transportation. Also, Language Line Services could be utilized at 1-800-752-6096. Quality Care Partners is a local multi-county arrangement being used by Morgan County Department of Job & Family services that Buckeye Southeast Transit could contract with to provide interpreter services for LEP persons. Buckeye Southeast Transit at no cost to the LEP individuals or families provides interpreter services to all LEP individuals seeking transportation services in an efficient and timely manner so as not to delay transportation services beyond that of an English speaking individual or family. 

Buckeye Southeast Transit translates all designed vital documents into each LEP language group that comprises at least 5% or 1,000, whichever is less of persons eligible for or likely to be affected by transit services. Currently there are no LEP language groups meeting this criterion. Public Participation Plan for LEP The public participation plan for Buckeye Southeast Transit includes reaching out to the various groups of riders in Morgan County which would include those with LEP. Some of the largest clientele includes senior citizens, school children, adults for medical appointments and attendees of Morgan Co. Developmental Disabilities. The methods of reaching are various and include: distribution of name/info on brochures in the transit vehicles, distribution of name/info during community parades/festivals and at the county fair on handouts, brochure distribution at medical facilities or other social service agencies like nursing homes and community speaking engagements at service organizations like Chamber of Commerce, Rotary or Kiwanis. We also are expanding our reach by promoting Title VI information on our website and also advertising on billboards and in the community newspaper on a weekly basis.

Other items of consideration for public participation include scheduling public hearings or other public meetings at times and locations that are convenient and accessible for minority and LEP populations and coordinating with community partner organizations to strategize how to reach minority and LEP populations. 

Dissemination of Information to Buckeye Southeast Transit Personnel: Buckeye Southeast Transit educates its staff of its LEP policies, methods of providing services to LEP individuals and other information contained within this plan through annual training.

This plan is monitored, evaluated and updated every three years.