Access Advisory Committee to the Massachusetts Bay
Transportation Authority
10 Park Plaza, Suite 2150, Boston, MA. 02116-3968
Voice: 617-973-7100, Fax: 617-973-8855, TDD: 671-973-7089, E-mail: AACT@ctps.org
Executive Board of Directors Meeting Minutes
April 24, 2013
Notables
The AACT Executive Board meeting will meet from 10:00 AM to noon
and the Membership meeting will meet from 1:00 PM to 3:00
PM on the fourth Wednesday of the month except when noted.
AACT has a page on the Boston Region Metropolitan Planning Organization’s (MPO) website at www.bostonmpo.org; click on
“Get Involved” then scroll down to “Access Advisory Committee
to the MBTA.” Links can be found there for the following items: agendas, upcoming meetings, past meeting minutes, the
Memorandum of Understanding (MOU) between the MBTA and AACT, and the AACT bylaws, and ADA regulations. There are also links to the MPO’s newsletter, TRANSREPORT,
and information on accessibility at the MBTA. This page includes the contact information for the AACT Coordinator.
Comments and questions concerning AACT should be directed to
the Interim Chairman James White by contacting the AACT Coordinator, Ms. Janie Guion, at 617-973-7507 (voice); 617-973-
7089 (TTY); 617-973-8855 (fax); AACT@ctps.org (email); or at c/o CTPS, 10 Park Plaza, Suite 2150, Boston, MA 02116 (mail).
The AACT meeting location is accessible to people with disabilities and is near public transportation. Upon request
(preferably two weeks in advance of the meeting), every effort will
be made to provide accommodations such as assistive listening
devices, materials in accessible formats and in languages other than English, and interpreters in American Sign Language
and other languages. Please contact the MPO staff at 617.973.7100 (voice), 617.973.7089 (TTY), 617.973.8855
(fax), or
The MPO complies with Title VI of the Civil Rights Act of 1964,
the Americans with Disabilities Act (ADA) and other federal and state non-discrimination statutes
and regulations in all programs and activities. The MPO does not discriminate on the basis of race,
color, national origin, English proficiency, income, religious creed,
ancestry, disability, age, gender, sexual orientation, gender identity
or expression, or military service. Any person who
believes herself/ himself or any specific class of persons has been
subjected to discrimination prohibited by Title VI, ADA, or other
non-discrimination statute or regulation may, herself/himself or via a representative, file a written complaint with the MPO. A complaint must be filed no later than 180 calendar days after the
date on which the person believes the discrimination occurred. A
complaint form and additional information can be obtained by
contacting the MPO (see above) or at www.bostonmpo.org.
Members needing service information or wanting to inquire about MBTA services should do so through the MBTA Marketing and
Communications Department at 617-222-3200 or 800-392-6100, TTY 617-222-5146, Monday through Friday 6:30 AM to 8:00 PM and Sat/Sun from 7:30 AM to 6:00 PM, or the MBTA website at
www.mbta.com/customer_support/feedback/.
Please sign in at all meetings.
Announcements are always welcome. Please be prepared to give as many details as possible: date, time, location, contact person,
and phone number. A written notice is always appreciated.
The meeting opened at 10:10 A.M.
Attendees:
Interim Chairman Jim White, Ian Perrault, Mary Ann Murray, Rick
Morin, Tyler Terrasi and Alan Karon
MBTA Staff: Melissa Dullea
Reading of the Agenda
Introductions
Approval AACT Executive Board of Directors Minutes
The March 27, 2013, Executive Board Meeting Minutes were
approved.
Chairman’s Report
Reported the following:
• He attended the Passenger Assistance Training class at
Greater Lynn Senior Services.
• He also attended the MBTA bus operator recertification class in Charlestown where he shared information with bus operators regarding the importance of logging in
blocked bus stops to the “transit master.” He noted many veteran operators refuse to comply but he sees an opportunity to encourage new hires.
• He shared his experience at the Boston Marathon, and being in the crowd feeling a sense of helplessness on that day. He commented that a plan to evacuate persons on THE RIDE should be in place. He also gave thanks to all first responders for their efforts doing the crisis.
Pam Wolfe, Certification Activities Manager, and AACT advisor explained the Open Meeting Law process of the Massachusetts General Laws. Ms. Wolfe commented that she had consulted
with the Attorney General’s Office (AG) on this issue. She stated
that
the purpose of the Open Meeting Law is to make sure that a public body such as the AACT Executive Board of Directors shall conduct all their business in an open session; that means any negotiation, any discussion, and any deliberation that leads to a
decision needs to be held in an
open session of that body. Members were encouraged to make sure that meetings are in
compliance with the MGL Open Meeting Law. She handed out a summary and description of a compliant process for preparing correspondence.
She said that a quorum of a public body, like the AACT Executive Board, may not have a
back-and-forth or give –and- take about draft documents over email or the telephone or
outside of a public meeting of the body for the purpose of
reviewing and commenting on a draft document or
letter.
She then reviewed with the members the various ways they could work in compliance with the Open Meeting Law when they
are
preparing correspondence or comments in between AACT
IC White asked if he would be in
violation if he has a personal
conversation with someone other than someone from AACT
concerning his own personal beliefs; he would not be
representing AACT. He stated that would be speaking with someone else who represents the disability community.
P. Wolfe explained that the Open Meeting Law would not apply in that instance. It applies to discussions among a quorum of the
board members
R. Morin asked how the discussion came up.
P Wolfe said she had observed that members might appreciate a discussion of that topic.
R. Morin asked for a definition of a public body.
P Wolfe stated that she was familiar with term but wanted to give
him an exact answer and would get back to him.
IC White thanked her for the information.
Proposed No-Show/Cancellation Policy Report
R Morin stated that he and BA Rock are working on a draft of the
recommendations to the MBTA’ s No-Show and Cancelation
Policy draft presentation and a proposed Customer Bill of Rights
for THE RIDE. They are using the Disability Rights Education Defense Fund (DREDF) as a resource, which has published a series of Topic Guides Providing Technical Assistance for Transit Agencies, Riders and Advocates on the Americans with
Disabilities Act (ADA) and Transportation. All seven of these guides can be obtained by downloading: http://dredf.org/ADAtg
He noted that the guides are written in the voice of the consumer and funded by the Federal Transit Administration. He
stated that he and Ms. Rock will be evaluating the No-Show and
Cancelation Policy and developing a Consumer Bill of Rights for
THE
RIDE Program using all seven topic guides on ADA Transportation.
IC White asked if there was any supporting information in the seven topic guides that gave recommendations on the no-show policy.
R Morin stated that the DREDF guide does address no-shows.
MBTA Office for Transportation Access-Paratransit
Operations
Ms. Melissa Dullea of the MBTA Planning and Scheduling
Department gave a background briefing on the MBTA’s plans for THE RIDE Program which is
being developed by the procurement team. The new service contract will begin July 2015.
She discussed the following:
• THE RIDE Program (TRP) will have changes
that will be seen immediately; others will come several years into the
new
contract.
• TRP will have service area changes that will improve
passenger convenience.
• TRP will implement a Centralized Call Center (CCC) in the
fourth year of the contract.
• The CCC if implemented will be managed
by a paratransit
call center management firm.
• The CCC will help improve driver run times, trip sharing, and reduce service duplication.
M Dullea stated that impact was too early to gauge since the program just started last December 2012.
IC White explained that consumers avoid booking trips with certain vendors due their experience of poor service with those vendors. He also advised that in the new TRP when private cabs
and
private transportation carriers are contracted that they
might be fully insured and trained, and that they make safety a
priority for the consumers.
M Dullea stated that she agrees that safety, insurance and training are all priorities and noted that every trip may not be
serviced by local providers. The payment plan has not been
worked out.
R Morin asked why is the MBTA waiting to implement the call center until in the fourth year of the new contract?
M Dullea stated that they are unable to get a calling center up
and
running in fifteen months. She said that the delay is also to give a level playing field for new vendors who are investing in
equipment.
R Morin stated that he would like to review a draft RFP of THE
M Dullea stated that the request for proposals is being written
now and will be out to bidders this summer. She will look into
the
issue.
Open Discussion
MA Murray stated that she is still having problems with Greater
Lynn Senior Services transporting earlier than she should be and that she arrives to her destination far too early. She stated that
she
has complained but there has been no resolution.
IC White commented that while a staff member from Joint Venture who provided him with service on the day of the Marathon bombing went to great lengths to find and transport him home, the emergency service for persons with disabilities who depend on THE RIDE was in a state of confusion that day.
He stated that there needs to be a better plan for sudden
emergency preparedness for persons with disabilities. He
believes there should be unified coordinated effort between the
MBTA Transit Police, the Boston Police and THE RIDE dispatcher, with a set protocol to evacuate those who are stranded in an
emergency.
The meeting ended at 12:05 PM.
April 24, 2013
Open Meeting Law – Compliant Process for Preparation of
Correspondence from a Public Body
Here is guidance gathered in a telephone conversation with the
Attorney General’s office concerning practices for preparing correspondence that comply with the Open Meeting Law:
All deliberations by a public body, such as the AACT Executive
Board of Directors, must be done in open session.
Public bodies (a quorum of the body) may not have a back-and- forth or give-and-take about draft documents over email or the
telephone or outside of a public meeting of the body for the purpose of reviewing and commenting on a draft document or letter.
A public body can, at a public meeting:
• decide it wants to write a letter
• decide on the content
• designate a person to write the letter
• decide to discuss and approve it at a subsequent public meeting
A public body can, at a public meeting:
• decide it wants to write a letter
• decide on the content
• designate a person to write the letter and send it
A public body can, at a public meeting:
• decide it wants to give a person the authority to write
and send letters on behalf of the public body in between
public meetings without discussing the letter or its
content with the public body
The person designated
to write a specific letter or given the
authority to write letters on behalf of the public body may draft and
send
the letter to the recipient and could then send it to the other members of the public body so that they are aware of what was
done.
The person designated
to write a specific letter or given authority to write and send letters on behalf of the public body in between public meetings can consult with one member of the public body about
the letter, or with any number of persons that is not a quorum, as that person prepares the letter.