270972 WHITE - CITV CLERK COUI1C11 .!) � � �
PINK - FINANCE G I TY OF I NT PA V L M����✓����
CANARV - DEPARTMENT
BLUE - MAVOR
File N .
H� ��� DEPAR ' esolution
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Presented
Referred To Committee: Date
Out of Committee By Date
WHEREAS, the Metropolitan Transit Commission has requested
that the Department of Planning and Economic Development provide
relocation services for the occupants displaced from tPie MTC Bus
Overhaul Facility Site in the Midway District; and
WHEREAS, the MTC will reimburse PED for expenses incurred
under the contract up to $4,000. 00; and
WHEREAS, the Department of Planning and Economic Development
has determined that this workload can be accommodated with existing
personnel and estimates the amount of the contract to be $1, 800. 00 .
NOW THEREFORE, BE IT RESOLVED that the proper officers of the
City of Saint Paul are authorized to execute the contract by and
between the Metropolitan Transit Commission and the City of Saint
Paul dated April 6, 1978, whereby the City Depax tment of Planning
and Economic Development will provide relocation assistance to
occupants displaced from the MTC Bus Overhaul Facility Site in
the Midway District of Saint Paul.
COU[VCILMEN Requested by Department of:
Yeas Nay�s �
�>>tlar
Hozza In Favor �
`� JLevine _ __ Against BY %
Roedler
Sylvester
Tedesco _
Form Approved by City Attorney
Adopted by C�ur��cil: Date
Certified'Passe Counci $e ary � BY ,
i� 2,$ t97�
Approved by Mayor: Date Appro y Mayor for b ' s n to�ouncil
By G��"lJ���_+i'+�( BY
Pl�BL1SNED MAY 6 �97�
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CITY OF SAINT PAUL
INTER-DEPARTMENT MEMORANDUM
April 14, 1978
To: Members of the City Council
From: Mary A. Schochow '���' P�
Re: MTC/PED Relocation Services Contract
The Metropolitan Transit Commission has requested that the Department
of Planning and Economic Development provide relocation services for
the occupants displaced from the site of the MTC Bus Overhaul Facility
in the Midway District. This project will result in the displacement
of 6 commercial establishments.
The proposed contract provides for full reimbursement by the MTC for
expenses incurred under the Contract by PED and was previously submitted
on March 8, 1978 to the HRA Board with an $1,800. 00 limit. The HRA
Board recommended approval of the Contract with a $4,000. 00 limit. The
Contract was resubmitted to MTC with a $4,000.00 limit and was signed
and returned to PED. Staff has determined that this workload can be
accommodated with existing personnel.
As this Contract is with the Planning and Economic Development of the
City, and the City is listed as the contracting party, approval is
requested by the City Council.
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• � � -•' A G R E E �M E N T
2���9`���
THIS AGREEMENT made and entered into this � day of
(
����� , 1978, by and between the CITY OF SAINT PAUL,
MINNESOTA, a municipal corporation, hereinafter referred to as
th� "City" , and the METROPOLITAN TRANSIT C0:4NiISSION, a public
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corporation, hereinafter referred to as the "MTC" .
WITi1ESSETH:
irTHEREAS, the MTC is authorized to acquire real and personal
property under authority of the statutes of the State of
riinnesota; and
Tr7HEREAS, the MTC is without sufficient trained personnel to
help and assist in relocating such persons and �enterprises as may
be displaced from their residences and places of business by
reason of such acquisition of prvperty by the riTC, and the City
has sufficient facilities and personnel to help and assist in
relocating such persons and enterprises; and
TdHEREAS, the City pursuant to ordinance is authorized to
provide informational service and relocation assistance to families,
individual.s, business concerns and non-profit organizations dis-
placed or to be displaced by the activities of such public body,
and
WHEREAS, the MTC has resolved to execute an Agreement with
the City for the use of appropriate personnel to provide relocation
services and assistance to persons displaced by MTC acquisition
according to laW.
NOW, THEREFORE, in consideration of the mutual covenants and
p�rformance of the same as hereinafter statedr the MTC and the
City hereby agree as follows:
1. That the r2TC, in order to expedite and assist in the
relocation of the persons and businesses occupying structures
situated upon land to be acquired by the I�ITC for purposes of public
transit, shall:
a) Votify the City in writing of the boundaries for each
site for which relocation assistance and 'services will
be needed;
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� b) Notify the City of the names, addresses and
appropriate parcel nuz;�er for each respective
� occupant of each respective structure within the
site designated;
c) Notify all affected occupants of the date upon
which �he subject property must be vacated by
them;
� d) Notify the City of such date upon which the subject
property r:�ust be vacated by the respective occupants;
e) Notify the City to Lndertake relocation services to
the occupants. Such notice is to be given within
a,reasonable �ime of the date on which the property
� must be vacated, but in no case shall such notice
be given to the City less than 90 days before the
date on which the property must be vacated. In deter-
mining what is a reasonable time, consideration shall
be given to the si�e of the site, the character or
nature of the improvements to be vacated, the number,
type, and needs of the occupants to be relocated and �
• the �cumulative relocation workload of the Ci�y under
this Agreer.lent. The MTC and the City agree to consult
with eacli other with a view toward providing adequate
time to accomplish the relocation.
f) Process, examine, review, and deterr.iine all grievances
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or complaints as may be filed by affected site occupants
relating to their claims, payments or replacement �
housin '
g, all in accorclance with the requirements of
�117. 52 of Minnesota S �
tatutes, as and in accordance ;
with the rievance and a �
g ppeal procedures appended
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to this Ayreement and as they may be amended from �
time to time. �
2. Upon notification to the City of the location and boundaries �
of any property which the MTC may from time to time resolve to �
acyuire., ti�e Cizy shall, in order to develop an adequate relocation ±
plan endeavor to contact all occupants ot the property, obtain neces- �
sary information relating to their relocation needs, and provide tr�is
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� inforrnation to the P1TC in such form as the MTC may from time to
time request.
3. Upon receipt by .the City of irrevocable notification that
a particular property has be�n acquired by the P�TC, the City shall,
in order to assist in the relocation of the affected occupants
of the acquired property, perform the following:
' a) Interview all site occupants and inform them of the
services and payrnents available to them through the
Relocation Office; formulate relocation plans suitable
to their needs and urge them to timely seek appro- �
priate dweZlings or business locations outside the
site area.
� b) Seek appropriate decent, safe and sanitary dwelling
accomr.todations and business properties in the private
market for the site occupants to be displaced.
c) Reier affected site occupants to such available dwel-
ling accomntodations and/or business �roperties which
will best meet their needs and ability to pay ar.d
refer only such dwelling acco�odations as are deeent, �
• safe and sanitary as set forth in the U.S . Department
of Transportation guidelines and any present or sub-
sequent supplements or revisions thereto.
d) Assist eligible site occupants in making application
for low rent public housing and other assisted housing
� for low and moderate income persons. �
e) Refer affected site occupants having special problems
requiring the assistance of social ser•,rice agencies to
such agencies and enlist the assistance of wel�are
and other appropriate agencies in providing for the
special needs of such families and individuals.
f) Assist eligible site occupants in the preparation of
claims for submission to the MTC for the relocati�n
• expenses of moving, housing replacement payments, and .
for other applicable payments for which• eligible under
Minnesota Statutes, Section 117.52 and such other la��s
and/or regulations as from tim� to time are promulgated
or enacted pursuant or in addition thereto.
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� �} Review all claims and supporting evidence for each
payment and make all required determinations and
certifications as to eligibility and correct aMOUnt
of compensation. All claims for relocation payments
shall be c�mpleted on forms as approved by the U.S.
Departm�nt of the Transportation and all payments
. and other monies sha11 be the sole responsibility of
and be disbursed by the MTC, it being expressly
understood hereunder that the City is not and will
not in any way be responsible for or obligated to
disburse funds to affected s�te occupants.
h) From time to `4ime as required, furnish the AZTC a
' report or reports of the relocation services and
assistance rendered by the City to the site occupants
displaced by th� �acquisition project.
i) Inspect and certify as needed proposed replacement
housing to assure that it is decent, safe an� sanitary
and in compliance with applicable codes and ordinances,
so that replacement housing payments can be made to .
' the affected site occupants.
j) For each project or acquisition undertaken, maintain
accurate records of City relocation services renderecx,
expenses incurred by the City and disbursements made
by the i�ITC pursuant to the terms of this Agreenent
� and retain these records for a period of not less
than three (3) years after close-out of each such
project and/or acquisition. The MTC shall have the
right to audit upon reasonable notice the reco�ds of
the City as they may relate to relocation services
provided to the rSTC under the terms of this Agreement.
4. That, as a condition to the performance of this Agre�ment,
the MTC will allocate sufficient funds for and will make appropriate �
relocation payments to all eligible displacees as reguired by
Minnesota Statutes, Sz�tion 117. 52 , and in accordance with the rules
and regulations adopted pursuant to the Federal L'nifvrm Relocation
Assistance and Real Property Acquisition Policies Act of 1970 , as
amended, anc� such ot:�er applicable lao�s anc:/or regulations as from
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, tinte to time are promulgated or enacted pursuant or in addition thereto.
5. The P�TC will reimburse the City as indicated below for all
administrative and other e�penses incurred in the provision by the
City of relocation assistance to persons and businesses displaced
as a result of property acquisition by the MTC. The total reimburse-
ment under this contract shall not exceed the sum of $4, 000. 00.
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a) The City shall submit a billing to the P•iTC on a monthly
basis in accordance with th� provisions of this Agree-
ment. Within thirty (30) days after receipt of the
billing, if agreed to be correct, and documented
according to �TC records, payment shall be. made by
the riTC to the City for the time expended of those
employees who perform the relocation services or
duties or who offer relocation assistance to site
occupants who will be displaced, or who provide
clerical, Iegal or adrainistrative support in connec-
tion with the provision of those services under this
Agreement. Reimbursement shall be made upon the basis
of the actual cost to the City in performing hereunder,
including all fringe benefits paid by the City to its
employees for time spent by such employees as indicated.
by employees' time sheets, plus 20$ of the said actual
labor costs for overhead of the City. The City shall
make its records available for audit at such reasonable
times as may be required.
b) Monthly reimbursement for travel expenses incurred in
providing relocation assistance hereunder shall be
paid by the riTC to the City upon submission on required
torms and upon reasonable approval in accordance here-
with by the rITC. Payment of mileage expenses will be
reimbursed on the same basis as that which is set forth
by City policy for City employees. Payrient will be
made once in each 30 day period upon receipt of invoices.
6. That the MTC agrees hereunder to indemnify and hold harm-
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less the City for any and all claims, demands or causes of action
of wha•tever kind or nature made upon or presented to the City by
site occupants, displacees or their agents, successors or assigns
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for any benefits, payments, or other reimbursement on account
of or during the course of their relocation or displacement as
a result of MTC action, other than those arising as a result of
willful, wanton, or culpable negligence on the part of any enployee
or agent of the City and further provided that this clause shall
not operate unless �ue notice of such claims is furnished to the
. MTC by the City within a reasonable time of `notice thereof by
claimant.
7. That this Agreement is n2ade in accordance with, pursuant
to and governed by the provisions of applicable MTC procedures and
all applicable State and Federal Iaws and any other applicable
. laws or regulations. �
' 8. During the performance of this Agreement, the City agrees
to comply with all applicable laws, ordinances, Executive Orders
of the City, State and Federal governr.tent to a�firm its continued
commitment to a program of Equal Employment Opportunity. The City
recognizes that the effective application of a policy of inerit
involves more than just an equal opportunity policy statement and
will, therefore, continue to undertal:e a program of Affirmative
Action to make known that equal opportunities continue to be
available on the basis of individual merit and will put forth
the maximum effort to achieve full utilization of the capabilities
and productivity of all our citizens without regard to race, religion,
color, sex, age or national origin.
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9. This Agreement shall remain ir. effect until terminated
by the rZTC or the City upon thirty (30) days notice ta the other,
provided that any responsibilities under the contract for persons
dispiaced which are outstanding will be perforned by the parties.
Upon completion of the said responsibilities the City shall certify
that such displaced Fersons have been relocated.
S E A L
CITY OF SAINT PAUL MINI�IESOTA
�n the Presence af : R�
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' � METROPOLITIIN TFtANSIT COI��il�'IISSION
RL'LOCATION GRIEVA�IC� PROCEDURE
RELATING TO CL�IIP4S �1ND PAYP�LENTS
1. RIGHT OF REVIEW
Any clair.�ant, meaning a person aggrieved by a determination as
to eligibility for, or the ar.lour�t of, a payment for relocation bene-
fits as a result of displacement by MTC acquisition, may have riis
claim reviewed and reconsidereu by NTC by a Reviewing Officer in
accordance with the pro�edures set f�rth herein, as supplemented
by such procedures as the MTC shall have established for such re-
view and reconsideration. Trlhere such a person is not satisfied
with the Reviewing Officer 's determination after such review and
reconsideration, he is entitled to review of his cl.aim by the MTC
Commissioners. Any person or cl�:ss �f persons may similarly seek
review and revision of any schedule with respect to payments. All
the provisions of this procedure shall be fully applicable to such
claims for revieca and revision of any schedule with respect to pay-
ments for relocation benefits as a result of displacement by I�iTC
acquisition.'
2. . NOTIFICATION TO CLAIN,t�TT
If the City denies the eligibility of a claimant for a payment
or disapproves the full amount claimed or refuses to consider the
claim on its merits because of untinely filing or any other ground,
the City notification to the claimant of its detezmination shall
inform the claimant of its reason therefor and sha7.1 also in�orr:1
the claimant of applicable proceaures for obtaining a Reviewing Offic--
er and 2�ITC Commissioners review of this determination.
3. REQUEST FOR REVIEW
a) General. Any person who has a right to seek review pursuant -
to Sectio�.may, within the time limit specified in paragraph (d)
(1) of this section, request the ASTC to provide �im with a ful�.
written e�planation af its determination and the basis therefor if
he feels that the explanation accor.ipanying the payment of his claim
or notice of the City' s deternination was incorrect or inader.���te.
The 1�TC shall provide such an explanation to the claimant within
15 days of its receipt of clairmant`s request.
b) Informal Presentation. Upon request of the claimant, within
the time imit speci ie in paragraph (d) (1) of this section, the
' MTC shall, within 15 days of the request, afford him an opportunity
to make an oral presentation prior to filing a written request for
review pursuant to paragraph (c; of this section. The claimant may
be representec? by an attorney or other person of his choosing. This
oral presentation shall enable the claimant to discuss his claim ���ith
the Reviewing Officer having the authority to revieV: the initial de-
t�rmination on the claim. The Reviewing Officer shall make a summary
� of the matters discussed in the oral presentation and it should be
included as part of its file.
c) The �iritten Request For Review. The clair.lzr.t may include
in his request or revieca any statement of fact within his knowledge
or belief, or other mate-rial which he feels has a bearing on his
appeal. If the claimant requests more time to gather and prepare
additional material for consideration or review and demonstrates a .
reasonable basis therefor, he may be granted 30 days fror.i the date
of his request for review. If the claimant feels he is unable to
prepare the written claim, the Reviewing Officer shall offer ta
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of other available sources of ass�stance. The m�king of an oral
presentation pursuant to paragrapti (b) of this section shall not be
deemed a condition precendent to the filing of 4 written request for
review. �
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d) Time Lir:mits £or Filing Written Request For Review. (1) A
claimant desiring review and reconsideration of the 1�1TC �eterminatiozr
shall file a written request for review with the rsTC either (i)
��ithin 6 months of the City's notification to the claimant of its
. determination or (ii) prior to final closeout of the project which
caused the displacement, whichever is earlier, but in no event less
than 30 days following the MTC's notification to the claimant of its
deterrnination.
(2) The time period specified in paragraph (d) (1) of this
section shall be extended if necessary so that a claimant who previ-
ously made requests pursuant to paragraph (a) or (b) of .this section
shall have no less than 30 days frora his receipt of the written
explanation or from making the informal presentation, whiehever is
later, within which to file his written request for review and recon-
sideration. •
4. REVIEWING OFFICER'S PEGIE��
a) General. The Reviewing Officer shall consider the request
for review and shall make a determination as to whether a modifica�ion
is n�cessary. A Reviewing Officer has the authority to revise the
initial determination of the clair.t and any determinaticn reached
pursuant to an oral presentation. The Reviewing Officer shall
consider every complaint regardless of form.
b) ScQpe of Review. The Reviecaing Officer shall review and
reconsider its initial determination of the c�aimant's case in light
of:
(1) All material upon which the r•ZTC or the City based its
original determination including all applicable rules and regulations;
(2) The reasons given by the claimant for requesting review
and reconsideration of his claim;
(3) Whatever additional written material has been submitted
by the claimant; and
(4) Any further information which �he Reviewing Officer
may, in his discretion, obtain by request, investigation, or research,
to insure fair and full review of the claim.
c) ' Determination on Review By Reviewing Officer. The deter-
mination on review y t e Reviewing 0 icer s a include, but is
not limited to: i
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(1) The Reviewing Officer's decision on reconsideration of ;
the clair,t; �
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(2) The factual ancl legal basis upon which its decision ;
is based, including any pertinent explanation or rationale; ;
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(3) A statement of claimant's right to seek within 30 days �
further review of his claim by the P4TC Commissioners and an expla- �
nation of the steps the claimant must take to obtain this review., " "
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d) Time Limits. �
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(1) The Reviewing Officer shall issue his determination of
review within 3Q days from receipt of the last riaterial submitted for
consideration by the claimant in accordance with Section 3 . The
Reviewing Officer shall forward a copy of the determination to the �
City and the MTC Commissioners at the time the determination is sent
to the claimant. j
(2) In the case of complaints dismissed for untimeliness � f
or for �ny other reason not based on the merits of the claim, the
Reviewing Officer shall issue a statement as to why the complaint was �
dismissed to the claimant and forward a copy to the City and the biTC
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Commissioners within 10 days from receipt of the last material
submitted by the claimant.
5. REQUEST FOR MTC CONIMISSIOrdERS REVIEW
a) General. Any person who believes himself aggrieved as the
result of the determination of his claim on review by the Feviewing
Officer may request P�TC Commissioners review of his claim. The
request for MTC Comnissioners' review shall be submitted to the MTC
Commissioners ' office. ;
b) Submission By Claimant. The claimant may include in his
request for review by the 1�iTC Cor,unissioners any facts within his
knowledge or belief or other material which he feels will have a
direct bearing on his claim: PROVIDED, That where the claimant
submits material to the i�ITC Commissioners which was not sub.�itted to
the Revi.ewing Officer for review, the MTC Commissioners wi.11 provide �
the MTC or the City an opportunity to review such new material and
to submit any comments it wishes to make.
c} Submission Of P.eviewing Officer's File. Upon receipt of a
reauest for review by the P-i^C Commissioners, the Reviewing Officer
shail forward a copy of such request by certified mail, return re-
ceipt requested, to the Reviewing Officer which made the initial
determination, and shall direct the Reviewing Officer to submit
a copy of the complete file of the claimant's case, including
materials upon �ahich the Reviewing Officer based his decision. The
Reviewing Officer shall forward this material ta the MTC Commissioners
within 10 days of having been directed to do so.
d) Tir.me Limit. The claimant shall file a written request for
review of his claim with the DiTC Commissioners within 30 days from
the date of recei�t of the determination on review issued by the
Reviewing Officer.
6. REVIEW BY b4TC COI�It�iISSIONERS
a) General. The MTC Commissioners shall issue their determina-
tion on review within 30 days from the date of receipt of the last
material submitted by the claimant in accordance with Section 5 . or
the date of receipt of the conplete file of claimant's case from the
Reviewing Officer whichever is later.
b) Scope Of Rev�ew. The �SsC Com.missioners shall make their
determination of the claimant's case in light of: -
' (1) All material upon which the MTC or the City based its
original determination, including all applicable rules and regulations;
(2) The reasons given by the claimant for requesting review
and reconsideration of his claim;
(3) Whatever written material has been submitted by the
claimant; and
(4) Any further information which the MTC Commissioners may,
in their discretion, obtain by request, investigation, or research
to insure a fair and full review of the claim. ---
c) Determination On Review By t�ITC Corimissioners. The written
determination by the i�iTC Co�r�issioners shall be delivered to the riTC �
and to the claimant and shall include but need not be limited to :
(1) The ri2�C Commissioners ' decision on reconsideration of
tiie claim;
(2) I'indings of fact and conclusions of law, including any
pertinent explanation or rationale;
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(3) If the claimant is aetermined to have been aggrieved as
to eligibility for, or the araount of, a payment, a direction to the
MTC to take i:nmediate steps to riake payment to the aggricved person
in accordance with the P4TC Commissioners ' determination; .
(4) A statement of claimant's right to seek judicial review.
d) Fina1 Determinations Not Based On �ierits. The Reviewing
Offieer' s refusal to review a claim e.g. , ecause of claimant's
failure to request such review within the required time period)
shall be considered as a "final determination" and upon the claimant' s
request shall be reviewed by the 1�ITC Commissioners. If the MTC
Commissioners find that the Reviewing Officer's reiusal to review
the claim was unreasonable , the claim shall be rem.anded to the
Reviewing Officer for review on its merits within 30 days of the
Reviecving Officer's receip� of the remanded claim. If the Reviewing
Officer' s refusal to hear the claim is not found to have been un-
reasonable, the NiTC Commissioners shal.l so notify the claimant and
inform him that he may have a right to judicial review.
7. REVIEW PF.00EDURE IN CONrIECTION ���ITfi P.EFUSALS TO ti�?PiIVE TIl`2E LI2�II-
TATION ON FILIDIG OF CLAITdS
a} r�4TC Review. Whenever the Reviewing Officer rejects a request
. by a clair:tant or a waiver of the time limits provided in Section 8.
for �iling payment clains , a claimant may =ile a written request for
review of this decision in accordance with the procedures set forth
in Sections 3. and 4. , except that such written request for review
must be filed within 30 days of the claimant 's receipt of the Re-
viewing Officer' s determination. If after reviewing the claim the
b2TC Commissioners determine that the time limits for filing claims
should be waived, the MTC Comr.tissioners shall promptly request
Reviewing Officer's concurrence and the claimant shall be sa informed. _
b) MTC Review. If upon review the Reviewing Of:Eicer determines
that the time limits for filing claims should not be v�aived, the
claimant should be so informed in accordance k�ith Section aic) • If
the claimant believes himself aggrieved by this determination, he
may then file a written r�quest, in accordance with the proceduzes
of Sections 5. and 6. , to the riTC Commissioners for a revieca of tne
reasonableness of the Reviewing Officer' s determination in refusing
to grant the waiver. If the NTC Conmissioners determine that there
was good cause for the failure to file within the time period required
he shall then remand the claim to the Reviewing Officer for considera- �
, tion on the merits and the claimant shall be so informed. If the
P4TC Commissioners concur in the Reviewing Officer' s deterr,tination
that a waiver should not be granted, both the Reviewing Officer and
the claimant shall be informed that he may have a right to judicial
review.
8. EXTENSION OF TIP� LIA4ITS
The time limits specified in Sections 3. and 5. may be extended
' for good cause by the Reviewing Officer or by the MTC Commissioners.
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9. RECOT�IMENllATIONS BY THIRD PARTY
' Upon agreement between the claimant and the MTC, a mutuaily
acceptable third part or parties r►ay review the claim and make ad-
visory xecommendations there�n to the riTC Commissioners for final
determination. The agreement between the c]_aira�nt and the r1TC may
provide for an extension ot tne time iiiniz i�� i�is� 1CViGVr' �c� c�.:±
in Section 4 (d) . In reviewing the claim and making recor,�mendations
to the MTC, the third party or parties should be guided by the pro-
�;isions of Sections 4 (b) and paragraphs (c) (1) and (2) of Section 4.
The requirements of these sections and of paragraph (c) (3) of Section
' 4. remain fully applicable to the r1TC.
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10. REVIEW OF FIL�� BY CLAI�.ANT
Except for confidential material and except to the extent �
specifically prohibited by law, the MTC and the City shall permit
the clair.iant to inspect all files and records bearing upon hi�
claim or the prosecution of his grievance. The MTC and the City
may, however, impose reasonable conditions upon the claimant's
right to inspect.
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11. EFFECT OF DETEF.�•iIPdATION ON OT�IER PERS0�1S �'
The principles established in all determinations by the City
(unless modified by the Reviewing Officer or by the r?TC Commissioners)
shall be applied to all similar cases regardless of whe�her or not
a person has filed a ��ritteri request for review.
12. CONSTRliC^1IO1V OF RULES APdD REGULATIONS
This subpart, and aIl applicable rules and regulations on which
the Reviewing Officer and 1�ZTC Commis-ioners ' determinations are
based, shall be liberal•ly construed so as to fultill the statutory
purpose of "fair and equitable treatr.lent" in order that displaced
persons "not suffer disproportionate injuries as a result of pro-
.grams designed for the benefit of. the public as a whole. "
13. RIGHT TO COLTNSEL
Any aggrieved party has a right to representation by legal or
other counsel at his own expense at any and all stages of the proceed-
ings set forth in this subpart.
14. JUDICIAL REVIE6�]
Nothing in t;�is �pracedure shall in any way preclude or limit a
claimant from seeking judicial review or receiving a fair and
impartial consideration of his claim on its merits upon exhaustion
of such administrative remedies as are available to him.
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METROPOLITAN TRANSIT COr'[MISSION
R�LOCATION GRIEVI�I�3CE PROCEDUR�
RELI�TIPJG TO REPLACE�;ENT HOUSING
1. RIGHT OF APPEAL
a) General. A complainant, meaning a person who believes him-
self aggrieved by a failure of the City to refer him to adequate
replacement housing, may file a complaint with the Reviewing Officer
appointed by the I��ITC Commissioners. Advice on the right to file a
complaint under these procedures shall be a part of the notice of
intended displacement. Vlhere such person is not satisfied with the
results of tize Reviewing Otficer 's r',etermination, he is entitled to
have his complaint reviewed by the i�ITC Commissioners .
b) Joint Complainants. Two or more complainants may join in
filing a single writ-cen request for review with the Reviewing Officer
provided that each is aggrieved by the faiZure of the City to refer
him to adequate replace�-nent housing. A determination should be made
by the Reviewing Officer for each of the complainants.
Z.. REQLJ�ST FOR REVIES�J
a) Oral Presentation. Upon request of the comnlainant, the
Reviewing Officer shall, within 15 days of the request, afford him an
opportunity to make an oral presentation prior to filing a written
request for review pursuant to paragraph (c) of this sectior.. This
. oral presentation shall enable the complainant in the company of an
advisor, attorney or other representative, if he so wishes , to dis-
cuss his complaint coith' the s�eviewing Officer. Such Reviewing Officer
shall be someone otner than the person who has been providing reloca-
tion services. The request of a complainant for an oral presentation
shall not entitle him to any stay of displacement.
b) Time Limits For Requestin� Oral Presentation. This right to �
an oral presentation shall e available to a ccnpiainant at any time
prior to the date of d?splacement and no later than 6 months after
displacement, unless closeout of the project occurs prior to that
time, in which case the oral presentation must be requested prior to
project closeout or within 90 days following displacement, whiche�er
is later. If the Reviewing Officer rejects the complair.ant's
contentions in whole or in part, he must notify the complainant, with
� a copy to the City and MTC that he has a right to file a written
request for P�TC review. The Reviewing Officer shall make a summary
of the matters discussed in the oral presentatio� and it should be
' included as part of its f ile. . , _
c) The L��ritten Request For Review. The complainant may file a
written request for revie�a witn t e Reviewing Officer within the time
limits prescribed by paragraph (d) of this section and such ��ritten
request may include any statement of fact s�ithin complainant' s
knowledge or belief, or other nlaterial cahich has a bearir.g on his
appeal. If the complainant requests more tir.ie to gather and prepare
additional information for consideration or review and demonstrates
a reasonable basis therefor, he may be granted additional time. If
the complainant is unable to prepare the written complaint, the
Reviewing Officer shall offer to provide assistance to the complainant
and further notify the complainant of other available sources of
assistance. The Reviewiny Officer, r.ocaever, shall consider every
� complaint regardless of form. The making of an oral presentation -
' pursuant to paragraph (a) of this section shall not be deemed a
; condition precedent to the filing of a written r�quest for revieca.
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d) Time Limits For Filing F7ritten Request For Review. A
complainant may file a written request for review with the Reviewing
Officer at any time prior to the date of displacement. Such request
for review may also be filed with the Reviewing Officer no later
than 6 nonths after displacement, unless final closeout of the project
occurs prior to that time, in which case the �oritten request must be
made prior to project closeout or within 90 days foll�wing displace-
ment, whichever date is later: PROVIDED, That in any case in which
an oral presentation is rec�uested after displacement pursuant to
paragraph (a) of this section, the time period specified in this
paragrapn shall be ext�r.ded iL necessary so' that a complainant shall
have no less than 30 days from the date he is advised of the determi-
nation on the oral presentation.
3. REVIEG•J OF THE WFtITTEPJ REQU�ST
a) General. The Reviewing Officer shall review the written
request for review and s:�all r�ake a determination as to whether
adequate replaceraent housing has been oftered to a complainant. The
Reviewing Officer shall issue to tr.e corlglainant a co��y of the deterrni-
nation and shall notify the complainant of his riglit to see revie•a
by the b1TC Commissioners. A copy of the deterraination shall also be
sent to the Ci�y and the ��IiC Cor►missioners . The review shall not i�e
made by the official who provides the relocation services , nor anyone
subordinate to that official.
b) Scope Of Review. In making its determination, the Revie�,�ing
Officer shall consider the follocaing:
(1) All material upon which the City based its original
determination including all applicable rules and regulations;
(2) The reasons given by the complainant in support of
his complaint;
(3) Whatever additional written material has been sub-
mitted by the complainant for the purpose of this review; and
(4) Any further inforriation the Reviewing Officer may,
in his discretion, obtain by request, investigation or research
to insure a fair and full review of the complaint.
c) Determination On Review. The written determi.nation on review
shall include, but is not i:nited to:
t (1) The Reviewing Officer' s decision upon review of the
complaint;
(2) The factual and legal basis upon which this decision
is based, including any pertinent explanation or rationale for
the deci si on;
(3) The relief to which the complainant is. entitled,
and a brief statement on how this will be achieved; and
(4) A statement of complainant's right to seek further
review by the N:TC Commissioners and an exnlanation of ��hat steps
the complainant must take to obtain this review. �
d) P�ITC Determinations P�ot Eased O.z Merits. The Reviewing �
Officer 's refusal to provide an oral presentation after one has been .
requested or review a written complainant on the merits (e.g . , because .
of complainant 's failure to request an oral presentation or file for
:•�==.t��^ rcYi�;�; wit�ir, t ie rcyuired tim^ or because the matter is r.ot
deemed ripe for determination) , shall upon complainant `s reauest, be
reviewed by the MTC Commissioners in the r,ianner described in Secti�ns
5. and 6. However, in any case where the Reviewing Officer refuses
to provide an oral presentation or review a wr_itten .complaint, prior
to displacement, because the matter is not rine for determination, �
the complainant shall al�o be notified that he may request an oral
presentation or file a written complaint at a later time if adequate '
housing is not provided. �
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. e) Time Limits . �
(1) The Reviewing Officer shall issue his determination on
review within 15 days from receipt of the last material submitted
for consideration by the complainant in accordance with Section 2.
(2) In the case of requests for oral presentations or
written complaints dismissed for untimeliness or because the matter
is not ripe for review or for any other reason not based on the merits ,
the Reviewing Officer shall issue a statement to the complainant as
to why the request for an oral presentation or Earitten complaint �vas
dismissed. The statement, with a copy to the NTC Commissioners ,
should be sent cvithin 10 days of receipt of the last material submitted
by the complainant or within 1Q days of the comnlainant ' s request for
an oral presentation.
4. REVIEW OF FILES BY COMPLAIPdANT
Except for confidential material and except to the extent
specifically prohibited by law, the P•1TC and the City shal.l permit the
complainant to inspect all files and records laearing upon the actions
of tne MTC and the City in referring him to replacenent housing or
the. prosecution of his grievance. The �.�i ma��, ho��ever, impose
reasonable conditions on the complainant's right to inspect.
5. REQU�ST FOR MTC COI�IISSIONER$ ' REVIEW
a) General. A complainant who believes himself ag9rieved as a
result of the fi'al detexmination of his written request for revie�r
by the Reviewing Officer may request the t�ITC Commissioners to rnake a
redetermination of his complaint. The request for P�ITC Corunissioners '
review shall be submitted in writing to the AiTC Commissioners. The
complainant shall also send a copy of his request for P•ITC revie�� to
the Reviewing Officer. The Reviec�ing Ofticer shall then submit his �
complete file on the complaint to the ��TC Corunissioners as soon as
possible, but zn no event later than 5 days . .
• b) St�bmissions By Complainant. The complainant may include in
the request for review by the r�1TC Corimissioners any statement of
facts within his knowledge or belief or other materials which 4�i11 have
a direct bearing on the complaint. The complainant need not, however,
repeat arguments nor submit material previously provided to the
Reviewing Officer for his review: PROVIDED, That F�here the complainant
submits material to the P�ZTC Commissioners �ahich was not submitted to
the Reviewing Officer for review, the r�TC Co�-nmissioners will provide
' the City with an opportunity ta revie�a any such new material and to
submit any comments which it wishes to make.
c) Time Limit. The complainant shall file the written request '
for yITC Commissioners ' review of his complaint with the A?TC Commissioners
(and the copy �aith the Reviewing Officer) within 10 days from the �ate �
of receipt of trie determination on review issued by the Reviewing
Officer.
6. _MTC COi�IMISSIONERS' REVIEti+T
a) General. The NITC Comr,lissioners shall review the compluint
as submitted by the complainant together with the material subnitted s
to hirn by the Reviewing Officer and shall issue to the complainant a '
copy of the determination within 15 days from the receipt of the
coraplete file of complainant 's case f rom the Reviewing Officer.
b) ScoFe Of Review. In making a determination, the MTC Comnis- �
�1Vi141A siuii CGtisiuE:r' zne fo'llowing:. � � � �
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(1) Al1 the material upon which the City and the Reviewing �
Officer based their determination, including all applicable rules �
and regulations;
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(2) The r�asons given by tlie complainant for requesting
reconsideration and review of his complaint;
(3) Whatever written material has been submitted by the
complainant for the purposes of this review; and
(4) Any further information which the NITC Commissioners
may, in their discretion, obtain by request, investigation or
researcn to insure a fair and f ull review of the complaint.
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C) Determination On Review By MTC Commissioners. The written
determination by the AiTC Commissioners shall be delivered to the P�ITC
and to the complainant and shall include, but need not be limited to:
(1) The MTC Commissioners ' decision on reconsideration
of the complaint; �
(2) The factual and legal findings upon which the decision
is based, including any pertinent explanations or rationale for the
decision;
� (3) The relief, if any, to which the cor►plainant is entitl.ed,
and directions tv the 1�iTC and the City on how this shall be achieved;
(4) Notification to the complainant of his right to seek
.further assistance if the relief specified in paragraph (c) (3) of
this section is •not provided; and�
(5) Notification to the complainant of his right to seek
judicial review in the event the determination is adverse.
d) Review Of Reviewing Officer' s Determinations ZJot Based On
The P�Ierits. If the NITC Commissioners find that the Reviewing Officer's
refusal to review the complaint on its merits was unreasonable, the
complaint shall be remanded to the Reviewing Officer for review on its .
merits within 15 days of the Reviewing Officzr's receipt oi the
remanded camplaint. If the Reviewing Officer' s refusal to hear the
complaint is not found to have beer. unreasonable, the MTC Commissioners
shall notify the complainant and inform him that he may have a �ight
to judicial review: PROVIDED, That in the case of complaints dismissed
by the Reviewing Officer as not ripe for determination, and upheld by
the 1•iTC Commissioners, the complainant shall again be notified that
he may request an oral presentation or file a written complaint at a
stage which would warrant an oral .presentation or review.
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7. STAY OF DISPLACEPZEVT PEPIDING REVIEW
If the written reques� is filed before displacement neither the
MTC or the City shall not require the complainant to move until at
least 20 days after it has made a determination and the complainant
has had an opportunity to seek r�ITC Commissa.oners ' reviec�. If the -
.complainant seeks T�iTC Commissioners ' review, no displacement shall
occur pending the :�TC Comriissioners ' determination. If the *�iTC
Commissioners` determination is adverse to the complainant, he may
not be displaced until at least 20 days after receipt of notice of
the ��ITC Cor�unissioners ' determination. In all cases , the City must
notify the complainant in writing 20 days prior to the proposed new
date of displacement, and in no case may a complainant be displaced
unless he is offered comparable replacement housing .
8. R�;NEDIES FOR PERSONS DISPLACED '
Whenever it is deterr.lined by the P.eviewing Of ficer' or by the
MTC Commissioners that a complainant has been referred to replacement
housing ��hich fails to meet the criteria provided, the City shall
take immedia�e steps to offer to the compl�inant replacement housing.
The N►TC will pay for the reasonable costs of the move to such replace-
ment housing, either by arranging for the move and paying th� mover
directly, or by reimbursing the complainant for the reasonable costs
of tlie move. Such expenditures are deemed eligible costs in connection
with the administration of relocation.
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9. EXZ'�NSION OF TIr'iL LIMITS
The time limits specified in Sections 2. 5
may be extendecl for good cause by the Reviewing Officer6or,bynthe `d,
NITC Comr,iissioners , respectively.
10. CONSTRUCTJON OF RULES A1VD REGULA�IONS
This subpart, and all applicabie rules and regulations on �vhicn
the Reviewing vfficer and bITC Cornmissioners ' determinations are
based, stiall be so constrund as to fulfill the statutory purpose o£
fair and equitable treatment in order that displaced persons "not
suffer disproportionate injuries as a result of programs designed far
the benefit of the public as a wiiolE" . '
11. RIGHT TO REPRESENTATIO�T
Any aggrieved party has a right to representation by legal
counsel and to be accompanied by an advisor, attorney or other regre-
sent�:tive in any personal appearance held pursuant to this subpart,
but solely at his oF�n expense. �
12 . EFF�,CT OF DET�Rt�IIPdATIOiV OP1 OTHER COAIPLAINTS
The principles established in all determinations by the City
(unless modified upon review by the Reviewing Officer) or by the P.TC
Commissioners shall be applied to all similar cases.
13. RIGHT TO JUDICIAL REVIEW
Nothing in this subpart shall in any way preclude or limit a
complainant from seeking judicial review of his cor:lplaint on the merits
upon exhaustion of such administrative rerieciies as are available to
hin� under tiiis 'subpart.
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