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HomeMy WebLinkAboutPR 19007: APPROVING BYLAWS FOR THE PARATRANSIT ELIGIBILITY BOARD ,.., ____--- ; City of city r s 4, L-? Iiiort arthu�r Tela INTEROFFICE MEMORANDUM Office of the Transit Department Date: 05/27/2015 To: Brian McDougal,City Manager From: Colleen Russell,Transit Director Re: By Laws and Ethics for Paratransit Eligibility Board Nature of request: Bylaws (Operations and procedures)for the established Eligibility Board set Resolution 15- requires that Bylaws be written and approved for implementation by City Council Staff Analysis,Considerations: To ensure law and order governs by the rules of operation and selection of Board members shall be written and reviewed by Legal for reasonableness and later approved by City Council. Recommendation: The Transit Department recommends that the Bylaws written for the Eligibility Board be approved as to form and so used unless other approved changes are made. Budget Considerations:Not necessary L ,, '� ,Transit Director P.O. Box 1089- PORT ARTHUR,TEXAS 77641-1089. 409-983-8138-fax 409/982-1538 P.R. No. 19007 05/20/2015CWR RESOLUTION NO. A RESOLUTION APPROVING BYLAWS FOR THE PARATRANSIT ELIGIBILITY BOARD. WHEREAS,per Resolution No. 15-141, the City Council created the Paratransit Eligibility Board; and, WHEREAS,the Board has developed and approved bylaws with an Ethical Standard Policy attached hereto as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions submitted in the preamble are true and correct. THAT,the bylaws of the Paratransit Eligibility Board, a copy of which is attached and made part hereof as Exhibit"A", is ratified and confirmed by the City Council of the City of Port Arthur, Texas. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED this day of June, A.D., 2015, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Mayor ATTEST: City Secretary APP ' O' ED AS TO FORM: I � City A ' - APPROVED FOR ADMINISTRATION: City Manage — Director of Trans' EXHIBIT "A" \, t!/ City of a ' ' \ L ort <<h` BYLAWS AND OPERATING PROCEDURES/Q 7,111S A T AS TO THE PARATRANSIT ELIGIBILITY BOARD (JULY 2015) The following rules shall govern the procedures and composition of the Paratransit Eligibility Board of Port Arthur, Texas. A. FUNCTIONS: The Paratransit Eligibility Board of Port Arthur, Texas will also be called THE ELIGIBILITY BOARD or BOARD throughout the document for short; and, is allowed to exist by Resolution No. 15-141 that was approved by the City Council on April 14, 2015. *The members are identified by titles and are on the Board until removed or replacement is requested. It may be so decided to have an alternate member for a quorum or to break a moot vote since six persons (EXHIBIT A) exist. The purpose of the Board is to review cases wherein persons were denied access to Port Arthur Transit aka PAT or Transit paratransit services due to an unclear application or misunderstanding as to the disability. A medical assessment will be made in addition to the physician's notations on the person's disability to ensure all possible points on the application are legitimate. The Board shall examine the facts presented in reports by Transit as to the assessment done by: a medically trained staff personnel,psychologist, physical therapist, physiologist as individuals or as a team determining the commuter's actual ability to ride. The Board shall weigh the evidence and answers of the commuter and see if denial was accurate or more facts are desired to make a determination to ride or not to on paratransit . i) The commuter desiring to ride paratransit will submit an application with a doctor's section describing the disability and how it impairs the commuter's senses, movement or thought process. ii) The Transit Director and Dispatch staff review said application as to notes and realize the commuter's status unconditional—can ride by right for 5 years till reapply, unconditional-temporary for awhile or until a decision can be expertly determined as to eligibility or denied as it is determined the individual does not meet the paratransit requirements or rules as set by ADA(Americans with Disability Act). iii) The unconditional or the denied paratransit commuters may appeal their right to have said services that are door to door. iv) The Board will be requested to sign a non-disclosure form and be aware that the information is confidential as to disability; however, more information as to terms can be defined by the Eligibility Assessor(s) and staff as to the regulations of the Federal Transit Administration and the Americans with Disabilities Act as amended. Ciryof rnori r(6 r— BYLAWS AND OPERATING PROCEDURES PAT It WS AS TO THE PARATRANSIT ELIGIBILITY BOARD (JULY 2015) B TIME and PLACE: The meetings have to be at least every 2 months (as per Chapter 9, Section 9.4) of ADA Paratransit Eligibility Circular or 49 CFR 37.125 (g), as the commuter has 60 days to appeal. The Board will get case(s) information a week before the meeting to research, ask questions and have questions ready prior to the meeting time. The information may be mailed or dropped off by staff in an inconspicuous spot to be found by the Board member if at home or work. The envelope will be marked CONFIDENTIAL. The meetings will be Thursday afternoon(s) at 1:30 pm - 2:30 pm, in the 2nd Floor Conference Room, in the Annex Building at City Hall. If there is a conflict the room change and time will be announced allowing for a quorum and sufficient time to review the cases. Once the Transit Center is complete, the meeting will be held in that conference room (344 Procter Street). This area will be more readily accessible to commuters and case files. The agenda will be posted no later than 72 hours prior to the meeting. The meeting will be one to two hours as it occurs during work hours to allow for transporting of the commuter to the hearing. The meeting will start on time or no more than 5 minutes later to ensure a quorum, or reading of the cases if these were delayed in delivery to the Board. A calendar will be done so all may be aware of the meetings. *Key points reiterated as to conduct. See ethics section in Exhibit"A". C BOARD VOTE : The members will vote individually and so the votes will be counted. If there is a moot vote the breaker will be the Housing Director who will be asked to serve as an alternate in case of the lack of a quorum. If the case involves a member of the immediate family, coworker or relations by marriage such as in-laws, it is asked the Board member recuses him or herself from a vote. It is understood there are many cousins so beyond third and fourth there will be discernment as to the Board member's vote as valid. However, if there is a feud in progress with anyone, please also recuse yourself from voting. *If you are uncertain and more facts will not help you may also excuse yourself from voting for or against the denial. It is understood that with time and experience some other cases will give insight on the process Voters are: (EXHIBIT "A")below Replacement may be recommended, but the Council has the ultimate right to decide who sits on this Board once replacement of a member is deemed necessary. City of Mir or! fthu BYLAWS AND OPERATING PROCEDURES PA T AS TO THE PARATRANSIT ELIGIBIIITY BOARD (JULY 2015) There is no compensation all service is voluntary. Status Department/Resident Deputy Fire Chief Fire Department Health Director Health Department Personnel Director Human Resources Risk Manager Human Resources Riders of paratransit Commuter/resident *Director of Housing Housing Department (alternate) for vote and quorum Dir. Of Transportation, Southeast Texas Planning SETPRC and Regional Committee There shall be no unknown(except those titles cited)persons sent to represent a Board member. There shall be a Chair, Vice Chair, Secretary and Timekeeper to see to meeting order *Key points as to Roberts Rule of Order as to parliamentary procedures shall be followed. The Chair will host the meeting,the Vice Chair shall lead in the Chair's absence, The Secretary shall take notes for the minutes and have these ready at the following meetings as well as orderly compiled for later review. The Timekeeper shall note the length of the meeting as to start, speakers time of 5 minutes to include introduction and explanation, as well as rebuckle time and adjournment. City of nrr rthur BYLAWS AND OPERATING PROCEDURES PAT AS TO THE PARATRANSIT ELIGIBILITY BOARD (JULY 2015) B. *Be aware of: Accepting gifts from the public or other staff related to this position and Transit; Being close neighbors and best friends with commuter whose case is to be reviewed; How conflict-of—interest is described as to public "appearance"; Promises to anyone Not announcing case information under stress or in other conversation; *Missing more than 3 meetings or more annually, after that(2 years), it will be decided that you should be replaced. The City Council may request someone with a similar background with another Department, or a resident of Port Arthur, or someone that serves in the SERTPC (Southeast Regional Transportation and Planning Commission Office). C. *Ethical Standards normative values are expected as to behavior, as to one being civil, courteous and diplomatic with all staff, officials and residents is crucial to be considered in good standing. Moral character as to arrest and public announcements based on the type of crime or misconduct is also important when weighing on public services as commuter may be resentful or aggressive as to one's decision. There should be no ulterior motives tied to votes. D. (Intentionally Left Blank) E. (Intentionally Left Blank) F. (Amendments to ByLaws)-: a. In line with changes to ADA (Americans with Disabilities Act) b. Changes of U.S. Department of Transportation Laws on Eligibility for Paratransit c. Board member rulings to be recognized for clarity or correction d. Council Rulings e. Courts or other Legal Decision(s) that may affect the decisions f. Valid Complaint or Non Compliance noted as to Roberts Rule of Order G. Ethical Policy as to State Law (see Exhibit "A") APPENDED BYLAWS AND OPERATING PROCEDURES (Effective July 2015) TRANSPORTATION APPEAL BOARD ETHICS EXHIBIT "A" ETHICAL STANDARDS POLICY Pursuant to Texas Senate Bill 585, the Eligibility Board for Port Arthur Paratransit ("Transportation Appeal Committee") hereby adopts this Ethical Standards Policy (the "Policy") applicable to all Board Members and staff. (1) Any Member or employee representing the Eligibility Board is prohibited from engaging in the following: (a) accepting or soliciting any gift, favor or service that might reasonably tend to influence the Member or employee in the discharge of official duties or that the Member or employee knows or should know is being offered with the intent to influence the Member's or employee's official conduct; (b) accepting employment or engaging in a business or professional activity that the Member or employee might reasonably expect would require or induce the Member or employee to disclose confidential information acquired by reason of the official duties; (c) accepting employment or compensation that could reasonably be expected impair the Member's or employee's judgment in the performance of the Member's or employee's official duties (d) making personal investments that could reasonably be expected to create a substantial conflict between the Member's or employee's private interest and the public interest; or (e) intentionally or knowingly solicit, accept or agree to accept any benefit for having exercised the Member's or employee's official powers or performing the Member's or employee's official duties in favor of another. (2) A volunteer of the Transportation Appeal Committee who violates this Policy is subject to termination of the employee's employment or another employment- related sanction. Additionally, a Member or employee of the Transportation Appeal Committee who violates this Policy may also be subject to any applicable civil or criminal penalty if the violation also constitutes a violation of another Page 1of3 statute or rule. (3) Each new employee of the Transportation Appeal Committee shall receive a copy of this Policy no later than the third business day after the date the person begins employment with the Transportation Appeal Committee. Likewise, each new Member of the Transportation Appeal Committee shall receive a copy of this Policy no later than the third business day after the date the person qualifies for office. (4) To the extent an employee representing the Transportation Appeal Committee is subject to the ethics policy of another governmental entity and to the extent that policy conflicts with this Policy, the ethics policy of the other governmental entity prevails. (5) Members of the Transportation Appeal Committee will abstain from voting in or engaging in the discussion of any matter of business before the Transportation Appeal Committee that will have a special economic effect on either a business or real property in which the Member has a substantial interest that is distinguishable from the effect on the public. (a) For purposes of this Policy, a substantial interest is defined as any of the following: (i) owning 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more of the fair market value of the business entity; (ii) receiving funds from the business entity exceeding 10 percent of the Member's gross income for the previous year; (iii) having a substantial interest in real property defined as an equitable or legal ownership with a fair market value of$5,000 or more; or (iv) having a family member related to the Member in the first degree by consanguinity or affinity with a substantial interest in a business entity or real property as defined herein. (b) A Member will notify the The City of Port Arthur Transit- Director in writing of any conflict of interest as defined above prior to any vote or discussion of any matter of business which has created the conflict of interest or as soon as practical once the conflict is discovered. (6) Any violation of this Policy may subject Members to removal from the Transportation Planning Committee, in addition to any applicable civil or criminal penalties noted above in subsection(2). (7) Following adoption of this Policy, the The City of Port Arthur Transit-Director shall provide a copy of this Policy to existing and all future Voting Members of the Committee. Upon receipt thereof, each Voting Member shall sign an Ethical Standard Policy Affidavit. Page 2 of 3 EXHIBIT "A" ETHICAL STANDARDS POLICY AFFIDAVIT I acknowledge having received a copy of the Ethical Standards Policy (the "Policy") of the The Eligibility Board for Port Arthur Paratransit("Transportation Appeal Committee"). I further understand that SB 585 requires me to notify the The City of Port Arthur Transit- Director in a timely manner should I have personal knowledge of any violations of the Policy by any Member or employee of the Transportation Appeal Board/Committee. I also understand that failure to report violations of these standards by a Member or employee of the Transportation Appeal Board/Committee may subject me to possible removal/termination from the Transportation Appeal Board/Committee and possible prosecution by a County District Attorney having jurisdiction over such matter. I swear or affirm that I have read the entire Policy and that I understand and agree to its contents. Printed Name Signature Title Representing(if member) Sworn and subscribed before me by on this day of . 20 Notary Public, State of Texas Notary's Printed Name:_ My Commission Expires: Page 3 of 3