Fiscal Note
No expenditure required.
Title
SUBSTITUTE - Amending Section 3.51(4)(k)1. of the Madison General Ordinances to modify the composition and terms, clarify the duties, and change the title of the ADA Transit Subcommittee to the Transit and Parking Commission.
Body
The Common Council of the City of Madison do hereby ordain as follows:
Paragraph 1. entitled "ADA Paratransit Plan Oversight Subcommittee" of Subdivision (k) entitled "Subcommittees of the Transit and Parking Commission" of Subsection (4) entitled "Transit and Parking Commission" of Section 3.51 entitled "Department of Transportation" of the Madison General Ordinances is amended to read as follows:
"1. ADA ParatTransit Plan Oversight Subcommittee to the Transit and Parking Commission.
a. Composition. The ADA ParatTransit Plan Oversight Subcommittee to the Transit and Parking Commission shall consist of nine (9) members. One (1) member shall be a user of the City's paratransit service, one (1) member shall have a disability but shall be capable of using the City's accessible fixed route transit service, one (1) member shall be a job coach or agency representative serving people with developmental disabilities, one (1) member shall be a visually impaired representative, one (1) shall be an individual who uses a wheelchair as a mobility aid, one (1) shall be a general representative, one (1) shall be a member of the Common Council, one (1) member shall be a citizen member of the Transit and Parking Commission, and one member shall be a member of the Commission on People with Disabilities. All subcommittee members shall be appointed by the Mayor subject to approval by the Common Council with the exception of the citizen member of the Transit and Parking Commission and the member of the Commission on People with Disabilities.
a. c. Appointment and Terms. All subcommittee members shall be appointed by the Mayor subject to approval by the Common Council and shall have a term of two (2) years from the date of appointment, with the exception of the member of the Common Council, the citizen member(s) of the Transit and Parking Commission, the member of the Commission on People with Disabilities and other liaison bodies whose terms shall be limited to the duration of their membership on the liaison body. Members of this council shall have terms limited to the duration of their membership on the Common Council, Commission on People with Disabilities or the Transit and Parking Commission. Those members who are not also members of the Commission on People with Disabilities or the Transit and Parking Commission shall have a term of two (2) years from the date of appointment.
b. d. Duties. This Subcommittee is advisory to the Transit and Parking Commission. It is the duty of the Subcommittee to monitor the City's ongoing compliance by Metro Transit, the City's transit utility, in providing complementary paratransit and transit service in the Metro Transit service area in accordance with the Americans with Disabilities Act and its implementing regulations. The Subcommittee makes recommendations, comments and suggestions on the City's paratransit efforts. A subgroup of the Subcommittee's members shall serve as an appeals panel for applicants who are denied eligibility for the City's paratransit services. In addition to any task assigned by the Transit and Parking Commission, the Subcommittee shall regularly assess the provision of ADA complementary paratransit and fixed route services to persons with disabilities in the Metro Transit service area, maximizing transportation options for everyone. The Subcommittee shall identify issues and recommend policies to the Transit and Parking Commission to address them, taking into account budget and service capacity limits, and shall review and develop recommendations for service-related complaints. In addition to the open public comment period at the beginning of all regular Subcommittee meetings, the body has an affirmative duty to seek public input and consultation with persons with disabilities and their representatives in the Metro Transit service area, This may include but is not limited to people with vision impairments or blindness; people who do not speak; people who do not understand spoken language; social service agencies that serve people with disabilities, including residential and vocational support providers; organizations and other coalitions of self-advocates; transit travel trainers; paratransit drivers; Dane County specialized transportation oversight staff and committees.
c. e. Chair Officers. The subcommittee shall annually select a chair and vice-chair from among its members at the first meeting in May or as soon thereafter as practicable..
d. f, Eligibility Hearing Panel. Members of the Subcommittee, in groups of three (3) each, shall serve as an appeals hearing panel for ruling on paratransit eligibility determinations. The hearing shall be conducted in accordance with the procedure contained in the ADA Paratransit Plan and 49 CFR Part 37 and is the final step of the administrative appeals process. The panel shall determine if the initial finding by Metro staff and the subsequent appeal to and ruling of the Transit General Manager or designee were consistent with the eligibility standards contained in the Plan (and its annual amendments) 49 CFR Part 37 and the information provided by the appellant was properly interpreted based on the substantial evidence in the record. Based on the testimony and evidence introduced at the hearing, the panel, by majority vote, shall affirm, modify or reverse the ruling of the Transit General Manager or designee."