Title VI Non-discrimination Information
The Berkshire Metropolitan Planning Organization (BMPO) strives to promote equity in the regional transportation planning process. Following are BMPO policies and information regarding non-discrimination rights and processes under Title VI of the Civil Rights Act of 1964 and its amendments, which prohibit discrimination on the basis of race, color or national origin in programs and activities receiving federal financial assistance.
1. Berkshire Metropolitan Planning Organization Title VI Non-Discrimination Notice
2. Title VI Public Notice
3. Berkshire MPO Title VI Complaint Procedure
4. Federal Transit Administration Title VI Civil Rights Information
5. Title VI Rights of Beneficiaries
1. Berkshire Metropolitan Planning Organization Title VI Non-Discrimination Notice
The metropolitan planning organization (MPO) process is a cooperative, ongoing and comprehensive framework for public participation in transportation investment decision-making in metropolitan areas. The MPO process is intended to promote equity and consistency in the patterns of transportation improvements that are funded by federal, state and local agencies. Title VI of the Civil Rights Act of 1964 and its amendments prohibit discrimination on the basis of race, color or national origin in programs and activities receiving federal financial assistance, including transportation funds.
As a sub-recipient of federal transportation funds through the Department of Transportation (MassDOT), the Berkshire MPO is required to maintain a Title VI program that promotes the guidelines, requirements and spirit of this legislation. The purpose of the BMPO’s Title VI program is to prevent the denial, reduction or delay of benefits to minority and low-income residents of the region; to ensure full and fair participation by people who will be affected by transportation decisions; and to ensure that BMPO’s policies and programs do not have disproportionately adverse effects on minority and low-income residents.
Any person who believes that he or she or any specific class of persons have been subjected to discrimination prohibited by Title VI may file a written complaint with BMPO. A complaint must be filed no later than 180 days after the alleged discrimination occurs. The full complaint procedure for the Berkshire MPO is posted here and at the office of the Berkshire Regional Planning Commission, 1 Fenn Street, Pittsfield MA 01201.
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2. Title VI Public Notice
The Berkshire Metropolitan Planning Organization (BMPO) complies with Title VI of the Civil Rights Act of 1964 and related statutes and regulations in all programs and activities. BMPO operates without regard to race, color, national origin, creed, income, gender, age, and disability. BMPO meetings are held in accessible locations, and materials are provided in accessible formats and in languages other than English upon request within a reasonable advance notice period (usually two weeks or 10 business days). If you would like accessibility or language accommodation for any BMPO meeting, please contact the Berkshire Regional Planning Commission at 413-442-1521 or Transportation@berkshrieplanning.org
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3. Berkshire Metropolitan Planning organization (BMPO) Title VI Discrimination Complaint procedure
Title VI of the Civil Rights Act of 1964 and its amendments prohibit discrimination on the basis of race, color, or national origin in programs and activities that receive federal financial assistance. Two Presidential Executive Orders and related statutes further define populations that are protected under the umbrella of Title VI: Executive Order 12898, which is concerned with environmental justice (EJ) for minority and low-income persons; and Executive Order 13166, which is concerned with providing equal access to services and benefits for those individuals with limited English proficiency (LEP).
The purposes of Title VI include preventing the denial, reduction or delay of federally supported benefits to minority and low-income persons; ensuring full and fair public participation in the transportation planning processes of metropolitan planning organizations (MPOs); and ensuring that the policies and programs of MPOs do not have disproportionately adverse effects on minority and low-income persons.
Therefore, to comply with 49 CFR Section 21.9(b), the Berkshire Metropolitan Planning Organization (BMPO) maintains the following procedure to receive, review, resolve and track complaints related to Title VI.
a. How to Submit a Complaint
Any person who believes that he or she or any specific class of persons has been subjected to discrimination that is prohibited by Title VI of the Civil Rights Act of 1964, its amendments and related statutes, by the Berkshire Metropolitan Planning Organization (BMPO) in its role of planning and programming federal funds may submit a written complaint. Complaints may be submitted for discrimination on the basis of race, color, national origin or language. Any such complaint shall be submitted no later than 180 days after the date the person believes the discrimination occurred. Written complaints shall be submitted to:
Massachusetts Secretary of Transportation, Chair
Berkshire Metropolitan Planning Organization
c/o Berkshire Regional Planning Commission
1 Fenn Street
Pittsfield MA 01201
Complaints shall be in writing and shall set forth as completely as possible the relevant facts and circumstances surrounding the alleged discrimination. The following information shall be included:
- Name, address, and phone number of the complainant.
- A statement of the complainant, including:
- The basis of the alleged discrimination (race, color, national origin, or language).
- A detailed description of the alleged discriminatory act(s).
- What in the nature of the alleged act(s) led the complainant to feel that discrimination was involved.
- The date(s) on which the alleged discriminatory act(s) occurred.
- The name(s) of individual(s) alleged to have participated in the act(s).
- The names of all other agencies or organizations where the complaint is also being filed (if applicable).
- The signature of the complainant and date submitted.
b. Review of Complaints
Upon receipt of the complaint, the BMPO chair shall direct the BRPC executive director to review it. The BRPC staff executive director shall provide written acknowledgment of receipt to the complainant within ten (10) business days.
The review may include the gathering of additional information from the complainant and/or the alleged discriminating party(ies).
Upon completion of the review, the BRPC executive director shall submit a report of findings to the members of the BMPO. If the complaint is found to have merit, the report of the BRPC staff executive director shall also include proposed resolutions and/or recommended actions, such as:
- Forwarding the complaint to a responsible implementing agency.
- Identifying remedial actions that are available to offer redress.
- Identifying possible improvements to the BMPO’s Title VI processes.
c. Resolution of Complaints
If more time is required for the review, the BRPC executive director shall notify the complainant and BMPO chair of the anticipated additional time needed.
The BRPC executive director shall submit the report of findings to the members of the BMPO for discussion and action. A copy of the report shall also to be provided to the complainant. The BMPO shall issue a written response to the complainant describing any action taken. The response shall be issued no later than sixty (60) calendar days after the date on which the complaint was received. If more time is required for action, the BMPO shall notify the complainant of the anticipated additional time needed.
d. Concurrent Complaints and Appeal
The procedures described above do not in any way abridge the right of the complainant to file concurrent complaints with other state or federal agencies and/or to seek private counsel. The procedures above are part of an administrative resolution process that does not include punitive damages or compensatory remuneration. The complainant has the right to appeal the BMPO’s response by submitting the complaint to the Federal Transit Administration, as described in FTA Circular 4702.1A (http://www.fta.dot.gov/laws/circulars/publications_4123.html). Notice of this right shall be included in the BMPO’s written response to the complainant.
e. Complaint Tracking
The BMPO will maintain a log of Title VI complaints received. This log will be available for public review at the offices of the Berkshire Regional Planning Commission, 1 Fenn Street, Pittsfiled MA 01201, during business hours.
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4. Federal Transit Administration Title VI Non-discrimination Information
Further information about Title VI processes and procedures is available at:
http://www.fta.dot.gov/civilrights/civil_rights_5088.html
5. Title VI – Rights of Beneficiaries
Rights are guaranteed to members of the public under Title VI of the Civil Rights Act of 1964, which says in part: “No person in the United State shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”(42 U.S.C. Sec200d)
BRPC and BMPO pledge that you will have access to all our programs, services and benefits without regard to race, color, national origin, sex, age, disability or socioeconomic status.
BRPC and BMPO will not tolerate discrimination by its employees or by those who receive federal funds from BRPC and BMPO.
If you believe that you have been discriminated against because of your race, color, national origin, sex, age, disability or socioeconomic status, you may file a written complaint within 180 days to the following address:
Massachusetts Secretary of Transportation, Chair
Berkshire Metropolitan Planning Organization
c/o Berkshire Regional Planning Commission
1 Fenn Street
Pittsfield, MA 01201
You may Contact us by phone at (413) 442-1521
or by e-mail at Transportation@berkshrieplanning.org
Massachusetts Relay Service: TTY: 771 or (800) 439-2370
BRPC and BMPO program is posted on the website at www.berskshireplanning.org