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  • Report No: Meeting Date:

    Alameda-Contra Costa Transit District

    STAFF REPORT

    TO: Operations Committee AC Transit Board of Directors

    FROM: David J. Armijo, General Manager

    12-213 September 5, 2012

    SUBJECT: Receipt of Federal Transit Administration (FTA) Office of Civil Rights Equal Employment Opportunity Compliance Review Final Report April 2012

    BRIEFING ITEM

    RECOMMENDED ACTION:

    Consider receiving the FTA/Office of Civil Rights Compliance Review Final Report of AC Transit's Equal Employment Opportunity Program, dated, April 2012.

    EXECUTIVE SUMMARY:

    The Federal Transit Administration (FTA)/Office of Civil Rights conducted a comprehensive evaluation of AC Transit's compliance with Equal Employment Opportunity (EEO) program guidelines for grant recipients. The review covers three fiscal years of activity and is an assessment of AC Transit EEO management practices and program implementation. Once the compliance review is completed, FTA produces a final report identifying areas of deficiency; recommendations for improvement; and required actions and time lines for implementation.

    BUDGETARY /FISCAL IMPACT:

    Although there are no budgetary or fiscal impacts directly associated with this report, the FTA review and report closure ensures the continued flow of available Federal Funding.

    BACKGROUND/RATIONALE:

    The FTA/EEO Compliance Review, covering the period of July 1, 2008 to June 30, 2011, is completed. The compliance review covered eight (8} areas, of which all had record keeping and system deficiencies. From the on-site visit in December 2011, a preliminary report identified the deficiencies with recommendations for corrective actions in compliance with FTA Circular 4704.1. The areas identified as deficient were program submission; statement of policy; dissemination; designation of personnel responsibility; utilization analysis; goals & timetables; assessment of employment practices; and monitoring & reporting systems.

    151

  • Report No. 12-213 Page 2 of 3

    March 2, 2011 FTA/Office of Civil Rights implemented new administrative expectation for the submission of all civil rights program updates into the Transportation Electronic Award and Management (TEAM) database. In addition, on March 24, 2011 FTA/Office of Civil Rights also provided notice of enforcing the requirement of Transportation-assisted grant funded programs.

    During the month of June, 2011 in preparation for the 2011 FTA/Equal Employment Opportunity Compliance plan and program submission Human Resources and EEO staff recognized that the upgraded PeopleSoft system did not meet the reporting standards for compliance. Human Resources/Human Resources Information System (HRIS), Information Technology and EEO staff began auditing AC Transit's integrated system and realized that the information to feed EEO reports were not customized.

    EEO was taking a coordinated approach with Information Systems and Human Resources to address recordkeeping and system concerns. In addition, start working with Planning and Procurement/Contracts to meet FTA/Office of Civil Rights enhanced administrative compliance expectations of monitoring and reporting of sub-recipients/contractors that met the threshold.

    November 2011 FTA/Office of Civil Rights notified AC Transit of being selected for a Compliance Review. FTA/Office of Civil Rights has received increased funding in the area of compliance review. Based upon FTA's website compliance review section this activity started in 2007 with one (1) transportation agency and now in 2011 seven (7) have been completed.

    The compliance review team concurred with Human Resource and EEO staff about the recordkeeping and system deficiencies affecting all eight (8) areas. Since then EEO staff is coordinating with other organizational areas to ensure quarterly reviews and annual updates.

    According to FTA - TEAM the final EEO Compliance Program/Plan submission was approved with no deficiencies on May 16, 2011. A letter dated May 21, 2012 from Acting Director, Office of Civil Rights, Linda Ford states "It appears that AC Transit has taken positive steps to improve its EEO program by correcting the deficiencies. There are no outstanding deficiencies."

    ADVANTAGES/DISADVANTAGES:

    This report does not recommend a course of action with notable advantages or disadvantages.

    ALTERNATIVE ACTIONS:

    This report does not recommend an action.

    152

  • Report No. 12-213 Page 3 of 3

    PRIOR RELEVANT BOARD ACTIONS/POLICIES:

    AC Transit Board Policy# 202 - Equal Employment Opportunity and Affirmative Action Policy, adopted 3/28/90

    AC Transit Board Policy and General Manager Administrative Regulations# 204- Prohibiting All Forms of Unlawful Employment Discrimination, Including Sexual or Other Forms of Harassment, Adopted 8/12/98

    ATTACHMENTS:

    1: FTA/Office of Civil Rights EEO Compliance Review Transmittal letter and Final Report.

    Department Head Approval:

    Reviewed by:

    Prepared by:

    David J. Armijo, General Manager

    Vincent C. Ewing, General Counsel

    Sherri A. Stokes, EEO Compliance Program Manager

    153

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    154

  • Attachment 1 SR 12-213

    U.S. Department of Transportation Federal Transit Administration

    1200 New Jersey Ave., S.E. Washington, D.C. 20590

    Mr. David Armijo General Manager Alameda-Contra Costa Transit District 1600 Franklin Street Oakland, CA 94612-2800

    May21, 2012

    Re: EEO Compliance Review of AC Transit- Final Report

    Dear Mr. Armijo:

    Thank you for your response to the Federal Transit Administration's (FTA) letter and preliminary report of findings of the Equal Employment Opportunity (EEO) Compliance Review conducted from December 13-15, 2011 of the Alameda-Contra Costa Transit District (AC Transit). Enclosed is the final report that incorporates AC Transit's official response, submitted on April 6, 2012.

    We are pleased with the progress you have made in responding to the findings of the Review as presented in your submissions to FTA and the Review team prior to the issuance of this report. It appears that AC Transit has taken positive steps to improve its EEO program by correcting the deficiencies. There are no outstanding deficiencies.

    Should you have any questions about the enclosed report, please contact Ms. Anita Heard at (202) 493-0318 or at her email address, Anita.Heard@dot.gov.

    Sincerely,

    Acting Director, Office of Civil Rights

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    156

  • -

    Alameda-Contra Costa Transit District (AC Transit)

    Equal Employment Opportunity Compliance Review

    Final Report April 2012

    FTA Report No. 0000 Federal Transit Administration

    PREPARED BY .

    The DMP Group, LLC Washington, DC

    U.S. Department of Transportation

    Federal Transit Administration

    157

  • Table of Contents

    I. GENERAL INFORMATION ......................................................................... 1

    II. JURISDICTION AND AUTHORITIES ........................................................ 2

    III. PURPOSE AND OBJECTIVES ..................................................................... 3

    IV. BACKGROUND INFORMATION ................................................................ 6

    V. SCOPE AND METHODOLOGY ................................................................. l3

    VI. FINDINGS AND RECOMMENDATIONS ................................................. l9

    1. Program Submission ...................................................................................... 19 2. Statement of Policy ....................................................................................... 21 3. Dissemination ................................................................................................ 24 4. Designation of Personnel Responsibility ...................................................... 27 5. Utilization Analysis ....................................................................................... 32 6. Goals and Timetables .................................................................................... 34 7. Assessment of Employment Practices .......................................................... 39 8. Monitoring and Reporting System ............................................................... .43

    VII. SUMMARY OF FINDINGS ....................................................................... .46

    VIII. ATTENDEES ............................................................................................... 49

    158

  • I. GENERAL INFORMATION

    Grant Recipient:

    City /State:

    Grantee Number:

    Executive Official:

    On Site Liaison:

    Report Prepared by:

    Site Visit Dates:

    Compliance Review Team:

    Alameda-Contra Costa Transit District (AC Transit)

    Oakland, CA

    1632

    Mr. David Armijo General Manager Alameda-Contra Costa Transit District 1600 Franklin Street Oakland, CA 94612-2800

    Sherri Stokes Senior Human Resources Administrator

    The DMP Group, LLC 2233 Wisconsin Avenue, NW Suite 405 Washington, DC 20007

    December 13-15,2011

    Maxine Marshall, Lead Reviewer Danielle Potts, Reviewer Gregory Campbell, Reviewer Khalique Davis, Reviewer

    1

    159

  • II. JURISDICTION AND AUTHORITIES

    The Federal Transit Administration (FTA) Office of Civil Rights is authorized by

    the Secretary of Transportation to conduct Civil Rights Compliance Reviews. The

    Equal Employment Opportunity (EEO) Reviews are undertaken to ensure

    complianc

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