EL PASO METROPOLITAN PLANNING ORGANIZATION PUBLIC PARTICIPATION PROGRAM COORDINATE CONSIDER COOPERATE CONSULT. El Paso MPO

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1 EL PASO METROPOLITAN PLANNING ORGANIZATION PUBLIC PARTICIPATION PROGRAM COORDINATE CONSIDER COOPERATE CONSULT El Paso MPO Rev. April 13, 2012

2 The preparation and publication of this document was financed in part through grant(s) provided by the United States Department of Transportation, Federal Highway Administration, and Federal Transit Administration. The provision of federal financial assistance should not be construed as denoted as U.S. Government approval of plans, policies, programs, or projects contained herein.

3 EL PASO METROPOLITAN PLANNING ORGANIZATION PUBLIC PARTICIPATION PROGRAM IN COOPERATION WITH: The U.S. Department of Transportation The Federal Highway Administration The Federal Transit Administration 3

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7 THE EL PASO METROPOLITAN PLANNING ORGANIZATION PUBLIC PARTICIPATION PROGRAM This Public Participation Program (PPP) is to serve as a program guide for the public participation process of the El Paso Metropolitan Planning Organization (MPO). The PPP provides the MPO policies and principles that guide its communications and coordination with interested parties such as: residents, neighborhood associations, private and public agencies, and transportation providers, and other members of the public. Additionally, the PPP serves as a tool for planners and decision-makers to engage residents, community groups, organizations, and businesses in the process of planning the transportation system. PREFACE Commissioned by the Governor of the State of Texas to plan for an effective regional transportation system and in a Joint Powers Agreement with the Governor of New Mexico, the El Paso MPO is this region s transportation planning agency. It is tasked to help the public and elected officials translate the regional transportation vision into long and short-range transportation plans. The El Paso MPO s Study Area includes: the entire County of El Paso, Texas, the City of Sunland Park and the City of Anthony, New Mexico, and portions of Doña Ana and Otero Counties that include the communities of Chaparral, Santa Teresa, and Berino, New Mexico, (see Appendix B). O R G A N I Z A T I O N As the region s transportation planning agency, the MPO must maintain a continuing, cooperative, and comprehensive transportation planning process (3-C process) that is consistent with the planning, land use and economic development, and social and environmental goals of the region. These planning requirements are outlined in the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users (SAFETEA-LU) of 2005 and the Federal Highway Administration/Federal Transit Administration joint planning regulations (23 CFR Part 450 and 49 CFR Part 613). Public participation is an essential and valuable part of the MPO s planning process. El Paso MPO planners look at different transportation alternatives and work with the public to select alternatives from the input, information, and views gathered through the MPO s many public participation activities. With the addition of data obtained through mathematical transportation demand models and feasibility studies, MPO planners coordinate with other agencies, residents, and active civil groups to create an efficient and productive transportation plan. All MPO planning work is improved by these activities. PUBLIC PARTICIPATION PROGRAM 2012 This updated program is a product of the concentrated efforts of the El Paso MPO staff and members of the Transportation Project Advisory Committee, Executive Committee, and Transportation Policy Board (TPB) and it reinforces the El Paso MPO s long-standing commit- 7

8 ment to public involvement in its planning and programming efforts. Properly designed and implemented, public involvement efforts improve all levels of decision-making. Public involvement provides a structure that can help integrate technical and non-technical input into complex planning problems leading to: mobility solutions that compliment the community, properly address public priorities and concerns, minimize negative impacts, and respect shared quality-of-life values. Improved relationships between government entities, private entities, and the public are enhanced and the understanding of community-related issues are improved and directly addressed. El Paso MPO staff researched various areas within the federal regulations and guidelines regarding Title VI and the inclusion of the use of social media in the public involvement process primarily for the purpose of this updated program. Because the El Paso MPO receives federal funds for some programs, all of the MPO s programs are subject to Title VI regulations. This common requirement was one of the catalysts for updating the PPP for application agencywide. This broader application should foster a more unified and efficient approach to public involvement across all MPO programs. Many venues were researched and the most recent data was used regarding the practice of using social media in government public involvement processes. It was important to look at various resources regarding these two subjects as the El Paso MPO wants to reflect the most recent and successful methods of public inclusion into the transportation planning process. As a response to the ever-changing needs of the public, modern technology, and federal regulation, the updated 2011 PPP was built on the foundation laid by the El Paso MPO 2008 PPP and was utilized to serve as a policy document applicable in whole or in part to all El Paso MPO planning and program areas. This update was necessary to cover changes in the various areas regarding the participation process, posting processes, and other administrative areas regarding the document itself. On February 28, 2012, the EPMPO released the draft changes to the 2011 adopted version for public review. Public review for the document lasted for 45 days and was adopted by the TPB on April 13, Comments from the public and the MPO s responses are provided in Appendix A. 8

9 TABLE OF CONTENTS O R G A N I Z A T I O N 9

10 GOAL AND PRINCIPLES The goal of the Public Participation Program (PPP) is to include residents, community and neighborhood groups and associations, non-profit groups, business sector groups, transportation providers, federal, state, and local government agencies, and many others to participate in a proactive, predictable planning effort that provides full access to making key transportation decisions early and during the process. Accomplishing the task of planning for transportation needs in the present day, five, ten and even twenty years from now, requires the MPO to coordinate and collaborate with many types of public and private groups to provide mobility to housing, schools, jobs, recreation, and freight movement. Involving the public in the planning process helps reduce the time and cost of creating short and long-range plans and projects while providing a forum for public input and collaboration with planning agencies. This allows the public the opportunity to voice their ideas, concerns, issues, and opinions and to help guide decision-makers in determining the transportation system of the future. Public involvement processes must be appropriate, accessible, transparent, accountable, meaningful and inclusive of the region s diverse population and its needs. El Paso MPO staff recognizes that its state, local and tribal governmental partners also have their own public involvement policies, regulations and/or procedures for use in the development of their plans. The MPO s regionally oriented public involvement efforts will be coordinated with the public involvement efforts of its partners. Only plan and program development for which the El Paso MPO is the lead agency will follow the policies of this PPP. The El Paso MPO executive director will review and approve the MPO s planning and program activities consistent with this policy and associated procedural guidelines. Not Subject to Guidelines: Use of the policy may not be necessary for normal course-of- business activities that do not significantly affect the public or alter public policy. Examples of MPO activities that are not subject to this PPP include minor modifications to the TIP and MPO routine activities. PRINCIPLES OF THE EL PASO MPO S PUBLIC PARTICIPATION PROGRAM Equal access is an essential part of the public involvement process. No major public policy decision is reached or large project implemented without significantly affecting someone. Professionals do not have a monopoly on good solutions. Whether a project or policy decision is sensible and beneficial or not, it must be arrived at properly to be acceptable. People are much more willing to live with a decision that affects different inter ests unequally if the decision-making process is open, objective, and considers all viewpoints. 10

11 If project or policy staff doesn t provide all relevant information necessary for an informed decision, the public will rely on, and trust, others. Interacting with an official representative of an organization or group is no substi tute for interacting directly with that organization or group. Effective public notification and participation takes time and effort, and can be ex pensive, yet is essential to sound decision-making. THE EL PASO METROPOLITAN PLANNING ORGANIZATION The El Paso MPO is a collaborative structure of committees and organizations creating partnerships to address the region s complex transportation needs. Key players in this organizational structure include: O R G A N I Z A T I O N TRANSPORTATION POLICY BOARD (TPB) is established by federal regulations and is composed of twenty-eight (28) members. Twenty-two (22) of the members are elected public officials from the local, state, and federal governments that have authority for project implementation, in accordance to Bylaws and Procedures for the El Paso MPO TPB. All entities listed below are represented on the TPB. Members of the TPB are responsible for giving the MPO overall transportation policy guidance in the transportation planning and programming process. All members of the El Paso MPO TPB shall have one vote. A representative, or proxy, attending in place of any Policy Board member shall not have voting privileges. All members of the El Paso MPO TPB shall comply with the TPB s Ethics Policy, a copy of which is attached to the Bylaws (EPMPO Bylaws, Section III, rev 10/8/2010). Board membership includes: Texas: New Mexico: City of El Paso City of Sunland Park Town of Anthony State Senator (El Paso MPO Study Area) City of Socorro State Represetatuive (El Paso MPO Study County of El Paso Area) Town of Horizon City Doña Ana County Village of Vinton City of Anthony State Senator (El Paso MPO Study Area) New Mexico Department of Transportation State Representatives (El Paso MPO Study Area) Texas Department of Transportation Sun Metro/Mass Transit Department City of El Paso Deputy City Manager for Mobility Services El Paso County Transit Agency or County-wide Mass Transit Authority Town of Clint 11

12 To aid in the process of creating transportation policies and programming plans for long and short range planning documents, the Board has created the following committees: Executive Committee (EC) The Executive Committee (EC) shall be composed of seven (7) voting TPB members recommended by the Chairperson and approved by the TPB at the meeting during which the election of officers is held (ibid). The EC shall have a Chair to preside over meetings. The Secretary to the EC shall be the Executive Director or his/her designee. Any EC member can send a proxy as his/her replacement however the proxy will not have voting privileges. Transportation Project Advisory Committee (TPAC) The Transportation Project Advisory Committee (TPAC) will have twenty (21) voting members and eight Ex-Officio, non-voting members (ibid). The TPAC shall have a Chair and a vice-chair to preside over meetings. The Chair and vice-chair shall both have 2-year terms that shall be rotational. The Secretary to the TPAC shall be the Executive Director or his/her designee. In the event that neither the Chair nor vice-chair is present at a TPAC meeting, the Secretary or his/her designee, shall preside over the meeting. Any TPAC member can send a proxy as his/her replacement and the proxy will have voting privileges. However, those TPAC members who are absent or attend the meeting through a teleconference do not have the voting privileges. Additional Ad hoc committees of the membership of the Policy Board may be established and appointed by the Chairperson to assist the Policy Board in the performance of its function. Special Committees or Task Forces may be established and appointed by the Transportation Policy Board to undertake special assignments. These committees may consist of TPB members, public officials, citizens, and other individuals the TPB deems appropriate. Standing committees may have separate bylaws, which must be ratified by the Policy Board (EPMPO Bylaws, Section VIII, rev 10/8/2010). EPMPO PLANNING DOCUMENTS For the ultimate benefit of the El Paso/Southern New Mexico region, the El Paso MPO works with governments, residents, private-sector interests, and with transportation providers to develop comprehensive transportation plans that address the transportation needs and management of the transportation infrastructure in the MPO Study Area. The MPO is federally required to develop four key documents that serve as the backbone to area transportation planning. These documents are: 12

13 The Metropolitan Transportation Plan (MTP) (long-range transportation plan, 20-year minimum horizon) is a fiscally constrained, multimodal, transportation plan that the MPO is required to update every four years. The Transportation Improvement Program (TIP) (short-range programming) is a fiscally constrained programming document that covers a four-year horizon period and is required to be updated every four years. The Annual Listing of Obligated Projects for each fiscal year follows the same PPP that the TIP does if there is a conjoined TIP for that List that is also going through a PPP due to amendments and/or updates. Otherwise, the List goes through the planning process, described in the Environmental Mitigation section on page 21 in this document, and is posted for a 30-day public review on the MPO s website and is available in hard copy at the MPO offices. O R G A N I Z A T I O N The Unified Planning Work Program (UPWP) is a document detailing the transportation planning work to be accomplished by the MPO staff in a two-year period and is updated every two years and amended as necessary. Transportation Conformity Report (TCR) is a scientific analysis of the MTP and TIP to assure that both MPO documents meet the 1990 Clean Air Act Amendments (CAA). This act contains transportation conformity requirements that are designed to ensure that planning for transportation systems and infrastructure is consistent with and conforms to the State Implementation Plan (SIP). The CAA addresses conformity in Section 176(e)(1). The Federal Regulations interpreting this law are found in 40-CFR 93, subpart A. The Congestion Management Process (CMP) is a document where existing and future traffic congested links are identified throughout the region s transportation infrastructure and is updated continuously; projects from this document are selected for congestion reduction and new congested links are added as traffic patterns change. 13

14 REGIONAL AREA: THE EL PASO MPO STUDY AREA The El Paso MPO Study Area covers all of El Paso County and Southern Doña Ana County in New Mexico with its Northwestern border at Berino, NM and Chaparral, NM at its Northeastern border (see p. 15 and Appendix B). Mention of the word stakeholder and public is utilized in various areas of this document. For the use of this PPP, the word stakeholder will include all the named stakeholders listed below, unless otherwise indicated. These terms should be used in the public arena by MPO staff as well. Internal Stakeholders: Internal stakeholders include other MPO program staff and governmental partners who ultimately have final decision-making authority over the El Paso MPO s planning and program efforts. External Stakeholders: External stakeholders include parties who will be affected by the plan or program under consideration and parties with an interest in the plan or program. External stakeholders also include the general public. The general public includes the broad spectrum of populations who may or may not be directly impacted by or interested in a particular issue. MPO Study Area Public Planning Areas Using Geographic Information System (GIS) evaluations, population percentages reflected in the partitioning of the City of El Paso, El Paso County, Doña Ana County, and Otero County, the El Paso MPO staff has developed a map that divides the entire El Paso MPO Study Area into Public Planning Areas (see Appendix C). These are areas which may be used to determine locations for MPO public meetings to coincide with projects listed in the MTP and/or TIP that are located in those areas. All efforts may be made by MPO staff to locate at least one public meeting for each area for any public involvement required for MPO activities. This would be subject to feasibilty and practicality to having these meetings available. 14

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17 TITLE VI & ENVIRONMENTAL JUSTICE Title VI of the Civil Rights Act of 1964 required nondiscrimination in federally assisted programs by emphasizing the need to identify and address any disproportionate effects of federally funded programs, policies and activities. For this reason, a formal federal policy on environmental justice was established in February 1994, with Executive Order (EO 12898), requiring all federal agencies to establish internal policies to ensure that the order is reflected in the full range of their activities, including public involvement. Increasing concerns over environmental impacts of federally funded programs and projects on the minority and low-income population relates to Title VI of the Civil Rights Act of The El Paso MPO is committed to incorporating Environmental Justice elements and Title VI considerations into its Public Participation Plan. During the public participation process, populations that have been traditionally underserved by existing transportation systems, including but not limited to low-income and minority households, are sought out and their needs considered. Title VI states that no person is excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion. Title VI prohibits discrimination: whether intentional or where the unintended effect is unduly burdensome. To address this regulation, the El Paso MPO will use Census 2010 data and apply it to TransCAD modeling efforts and GIS programs to develop criteria and provide analysis for the MTP, TIP, TCD and PPP documents. The MPO identifies census tracts having a majority of underserved, low-income and/or minority populations so that their needs can be identified and addressed. Analysis of this caliber helps MPO staff ensure that the benefits and burdens of transportation investments can be fairly distributed. C S I N T R A N S P O R T A T I O N RELATIONSHIP OF TITLE VI & EJ TITLE VI ENVIRONMENTAL JUSTICE Gender Age Race National Origin Minority Low Income Religion Color Disability 17

18 Efforts are being made to begin the further development of a Title VI Implementation Plan for the EPMPO, but various tasks still need to be completed. Some of those include assigning and training a Title VI Specialist within the EPMPO staff and developing an outline indicating roles, responsibilities and authorities regarding Title VI and the EPMPO. Consideration is given to Environmental Justice regulations and guidances involved with transportation planning and the EPMPO staff continues to develop new methods to accommodate the impact of transportation planning and programming elements on the minority and low-income populations within the EPMPO Study Area. It is EPMPO policy to provide a transportation system that considers the needs of and impacts on minority, low-income, elderly, and disabled persons. The aim is to ensure that the minority, low-income, elderly, and disabled population receives a proportionate share of accessibility benefits, travel mode choices, and services from future transportation system and infrastructure improvements and are not disproportionately affected by negative impacts associated with those improvements. For further information regarding EJ regulations and EPMPO policy, please see Appendix E. Public outreach to traditionally under-served groups are be made through contact with community leaders and organizations. In addition, efforts are made to invite them into the transportation planning process, to speak at meetings, and place the identified leaders and organizations on the El Paso MPO s mailing and ing list to receive notifications of meetings, the El Paso MPO s newsletters and provide awareness of the El Paso MPO web-page (www. elpasompo.org) and other relevant information. To promote the MPO s efforts to reach populations affected by transportation projects and/ or policies, the MPO also follows the objectives listed below: Promote Respect: All transportation constituents and the views they promote are respected. Provide Opportunities for Involvement: Avenues for involvement will be open, meaningful, and organized to let people participate comfortably, considering needs for accessibility, scheduling, location, informational material formats, and language; structured to allow informed, constructive exchanges; promoted in a way that reaches out energetically; and clearly defined in the early stages of document or study development. Be Responsive to Participants: MPO forums will facilitate discussion that corresponds to participants level of interest and available time. Informational materials should be clear and concise and address participants questions. Information should be available in sufficient detail to allow residents to form independent views. The results of all public involvement activities will be given full consideration in all MPO decision-making. They will be reported in all relevant documents. The MPO will also discuss its reasoning in arriving at final decisions in its responses to public comments. Offer Substantive Work: Public processes will provide participants purposeful involvement, allowing useful feedback and guidance. Participants should be encouraged to grapple with the many competing transportation interests, issues, and needs in the MPO 18

19 region. Provide a Predictable Process: The planning process will be understandable and known well in advance. This will make the process more coherent and comprehensive, allowing residents and officials to plan their time and apply their resources effectively. Adopt New Avenues of Communication: The program will be mindful of the revolution in communications and continue to evaluate new tools to expand the MPO s existing methods. Include New and Natural Constituencies: Efforts to reach new and natural constituencies include continuing outreach to minority, low income, elderly, youth, and accessibility-issue communities. There are also organizations and individuals who have a natural interest in transportation and who can provide important information and guidance. Although not a requirement for its programming of certification documents, the MPO also considers the concerns of residents and stakeholders of Ciudad Juárez, Mexico, in its planning analysis and the effects their transportation infrastructure and policies have directly, and indirectly, on the MPO Study Area. Complaints regarding Title VI discrepancies or issues will be processed and investigated by the El Paso MPO. Title VI Complaint Procedures, outlined in Appendix K, describe how an individual may submit a complaint, how the complaint will be investigated and potential resolution scenarios. C S I N T R A N S P O R T A T I O N 19

20 CONSULT, COORDINATE, CONSIDER, AND COOPERATE As part of the planning process, the El Paso MPO implements the planning processes with all stakeholders and agencies involved in the planning process and those who would have an impact by the plan or project as outlined 23 CFR , 316, and 322. All collaborating and cooperation involves all stakeholders and agencies impacted by the proposed planning and/or plans, including those within the El Paso/Las Cruces, NM/Ciudad Juárez, Mexico metroplex. This process involves the following: Consulting with stakeholders and agencies within the region that would be impacted by the project or the planning process, including, but not limited to, the MTP, TIP, TCD, UPWP, CMP, and PPP. Coordinating the development of plans, programs, and schedules among agencies and entities with legal standing and adjustment of such plans, programs, and schedules to achieve general consistency. Considering the impacts the plans may have on impacted stakeholders and agencies and how the plan impacts the mobility, economy, and quality of life within the region. COORDINATE CONSIDER COOPERATE CONSULT Cooperating with all parties involved to carry out the transportation planning and programming process and working together to achieve common goals and objectives. Other collaborative efforts for the MTP will involve comparison to State/Tribal conservation plans or maps, and to inventories of natural and historical resources, if available (23 CFR (g)). The El Paso MPO shall incorporate all federal guidelines and regulations into its planning and programming process regarding coordinating with Tribal governments in its Study Area. See Appendix E for regulations regarding MPO and Tribal Transportation Planning. MPO staff will continue to coordinate with area agencies and stakeholders to ensure that relative, respective plans are in agreement with MPO planning documents and complement each other. Additionally, during the planning and programming process for the MTP, TIP, TCD, UPWP CMP, PPP, and Listing of Obligated Projects, MPO staff will consult and collaborate with area agencies to ensure compatibility with respective plans of these agencies. The following is a list of stakeholders and agencies the MPO will coordinate, consult, and collaborate with: 20

21 FEDERAL AGENCIES Environmental Protection Agency U.S. Fish and Wildlife Service Federal Highway Administration Federal Transit Authority National Parks Service Bureau of Land Management Homeland Security Regional Offices and Emergency Planning U.S. Customs and Border Protection Agency International Boundary and Water Commission STATE AGENCIES TxDOT Texas Commission on Environmental Quality Texas Department of Public Safety Texas Parks and Wildlife Department Texas Department of Health and Human Services NMDOT New Mexico Environment Department New Mexico Border Authority New Mexico Department of Public Safety C S I N T R A N S P O R T A T I O N LOCAL AGENCIES City of El Paso, TX County of El Paso Town of Anthony, TX Village of Vinton, TX Town of Clint, TX Town of Horizon City, TX City of Socorro, TX City of Sunland Park, NM City of Anthony, NM Ft. Bliss, TX Doña Ana County, NM Otero County, NM Ysleta del Sur Pueblo, Tigua Tribal Government Communities of Berino, Chaparral, and Santa Teresa, NM City of El Paso Department of Public Health El Paso Water Utilities El Paso International Airport Horizon City Police Department University of Texas at El Paso Ciudad Juárez, Chihuahua, Mexico City of Socorro Police Department El Paso Bicycle Club 21

22 El Paso County Historical Society El Paso County Sheriff s Department El Paso Emergency Medical Services El Paso Mission Trail Association El Paso Police and Fire Department El Paso Sierra Club El Paso Neighborhood Associations Sun Metro Transit Rio Grande Council of Governments: Area Agency on Aging Far West Texas/El Paso Regional Coordinated Public Transportation Planning Committee Community of San Elizario Ft. Bliss Military Installation Regional Independent School Districts: Anthony ISD Canutillo ISD Clint ISD El Paso ISD Fabens ISD Gadsden ISD San Elizario ISD Socorro ISD Tornillo ISD Ysleta ISD 22

23 ENVIRONMENTAL MITIGATION In all planning and projects, the El Paso MPO, for the purpose of its environmental mitigation, implements a process, as outlined through 23 USC 134 and 23 CFR , and 322, with all stakeholders and agencies involved in the planning process and those who would have an impact by the plan or project. All collaborating and cooperation involves all stakeholders and agencies impacted by the proposed planning and/or plans, including those within the El Paso/Las Cruces, NM/Ciudad Juárez, Mexico metroplex. This process involves the following: Consulting with stakeholders and impacted agencies within the region who would be impacted by the project or the planning process, including, but not limited to, the MTP, TIP, and PPP. Compare the plan with plans of other implementing agencies and stakeholders. Considering the impacts the plans may have on impacted stakeholders and agencies and how the plan impacts the mobility, economy, and quality of life within the region. Collaboration between the El Paso MPO, member jurisdictions, the Texas Department of Transportation (TxDOT), the New Mexico Department of Transportation (NMDOT), transit operators, other modal representatives, and land use planning departments of MPO participating political governmental agencies is the key in conducting the metropolitan planning process. During the development of the MTP, TIP, TCR, UPWP, and PPP, the MPO and other collaborating agencies examine land development patterns, demographics, travel patterns and trends to identify existing and future transportation issues. All of the governmental jurisdictions within the El Paso MPO s Study Area work together to develop a constrained long-range transportation plan. C S I N T R A N S P O R T A T I O N Environmental analysis conducted through the National Environmental Policy Act (NEPA) applies to long-range transportation plans as one of the SAFETEA-LU planning factors requires the MPO to consider projects and strategies that protect and enhance the environment, promote energy conservation, improve quality of life, promote consistency between transportation improvements and State and local planned growth and economic development patterns. Offsetting environmental impacts during the long-range planning process is conducted on a system-wide level during programming analysis. Regional ambient air quality is included in the analysis. It is important to consult with environmental resource agencies during the development of the long-range planning process. This interagency consultation provides an opportunity to compare transportation plans with environmental resource plans, develop a discussion on potential environmental mitigation activities, areas to provide the mitigation, and activities that may have the greatest potential to restore and maintain the environment. The MPO addresses environmental concerns in the MTP and TIP documents it produces. Detailed environmental analysis of individual transportation projects occurs later in the project development process and is the responsibility of the sponsoring agency/entity. Environmental impacts and environmental strategies can be appropriately ascertained during this stage when project features may be narrowed and refined. The El Paso MPO follows FHWA Environmental policies to direct their interagency reviews of projects on a systematic or ecological approach to viewing impacts at the planning stage instead of the piecemeal approach that occurs 23

24 during the NEPA process. This allows the various planning and implementing agencies to analyze their projects environmental impacts on a regional scale. TxDOT and NMDOT have their environmental policy standards that direct their project-by-project interagency review, study and identification of environmental concerns. Included with this process is early coordination with the TCEQ, the New Mexico Environmental Department, and/or the EPA. The City of El Paso and outlying cities and towns follow TxDOT or NMDOT environmental review and development processes. Typically, during this stage, related requirements are applied. These include, but are not limited to, public hearings, environmental permit processing, and NEPA studies. A variety of environmental documentation, permit and mitigation needs are identified and environmental findings are closely considered and evaluated. Environmental management systems are used to monitor, and ensure compliance with, the environmental mitigation commitments. Potential environmental mitigation activities may include: avoiding impacts altogether, minimizing a proposed activity/project size or its involvement, rectifying impacts (restoring temporary impacts), precautionary and/or abatement measures to reduce construction impacts, employing special features or operational management measures to reduce impacts, and/or compensating for environmental impacts by providing suitable, replacement or substitute environmental resources of equivalent or greater value, on or off-site. If available, relatively large off-site compensatory natural resource mitigation areas may be preferable where on-site mitigation areas are not reasonable or sufficient. Mitigation activities and the mitigation areas will be consistent with legal and regulatory requirements relating to the human and natural environment. Among these are neighborhoods and communities, homes and businesses, cultural resources, parks and recreation areas, wetlands and other resources, forested and other natural areas, agricultural areas, endangered and threatened species, and the ambient air. REQUIRED PROJECT PROGRESS & END OF PROJECT REPORTS Project Progress Reports: In accordance with TPAC guidelines, sponsoring entities and their project manager must report project category every 6 months as part of the overall TIP update. The sponsor entity must provide an explanation of projects remaining in the same priority category as reported in the previous report. The TPAC will make a recommendation as to changes in Status Level for projects. End of Project Report: All agencies having projects fulfilling the following criteria, upon completion, are expected to present a final report regarding the project to the Policy Board: All highway construction and other alternative travel mode projects that were allocated with any EPMPO federal funding All projects that are regionally significant and listed within the EPMPO s metropolitan transportation plan and/or transportation improvement program (smaller group listed 24

25 maintenance projects are excluded) All studies and/or reports federally funded through El Paso MPO funds The report must contain information regarding: All federally generated revenues awarded to the project Final actual costs and expenditures of the project Final result of timeline for the project since commencement of construction Final result of project and any discrepancies involved regarding federal funds, cost, or expenditures This report is to be presented for inclusion to the El Paso MPO TPB agenda for an El Paso MPO TPB meeting within 45 days following the completion of the project. Any requests for extended time must be submitted through the TPB within those first 31 days after completion of the project. C S I N T R A N S P O R T A T I O N 25

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27 METHODS OF PUBLIC PARTICIPATION The MPO coordinates the distribution of the MTP/TIP at public meetings conducted by MPO member agencies. Informing and involving as many individuals as possible in the transportation planning process within the El Paso MPO region is an objective of the MPO staff and the following are some of the examples of how that will be accomplished: E-NEWSLETTER In an effort to develop more green standards with the EPMPO s public motification and information requirements, staff has developed an electronic newsletter that is sent to its distribution list. Efforts are being made to accomodate those who do not have acces to the Internet or by printing hard copies of the newsletter for their use and/or asking those who are only on the postal notification list if they would like to receive EPMPO information via as a greener option. The e-newsletter is published relating upcoming events and news articles related to transportation and planning. The newsletter is also available on the El Paso MPO website. INTERNET The El Paso MPO maintains its web site (www. elpasompo.org) containing information on El Paso MPO and coordinating stakeholder activities. The site will include information such as the updates, drafts, calls for projects, meeting notifications for the MTP, the TIP, the UPWP, the TCR and the PPP. The web site will, at a minimum, contain the following information: Contact information (mailing address, phone, fax, and ) Current MPO staff, TPB, and advisory committee memberships and contact information Meeting agendas and package materials Brief descriptions of current projects and studies Completed work products and publications Bicycle and pedestrian program information and event schedules A calendar of TPB meetings, agendas and minutes, TPB subcommittees calendar of meetings, agendas and minutes TIP project information and amendments The most recent El Paso MPO newsletter, Roundabout Links to other public agency web sites, publications available and other transportation-related information. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 27

28 SOCIAL MEDIA Due to the increase in popularity and the increasing user statistics regarding the use of Twitter and Facebook by the majority of cell phone users, the El Paso MPO is researching its feasibility of utilizing these two venues of social media to increase public awareness of the MPO and its work. Utilizing these forms of social media will provide greater exposure to both younger and older residents within the region and will allow the MPO to instantly spread any news or updates that are in progress. Additionally, meeting announce- ments, request for proposals, and any community meetings could be announced through these venues. Facebook would allow instantaneous feedback from users as the news of any public comment period erupts on the social media scene by the MPO. The potential of a major rise in public involvement through these venues is beneficial for the MPO and has proven to be beneficial for other government and private entities around the country. PUBLIC MEETING LOCATIONS Potential meeting locations are listed and maintained by MPO staff and these locations are easily accessible to people, and within the vicinity of transit facilities, in communities having large concentrations of minority and/or low-income families. These locations will be used, when appropriate, to hold meetings and hearings that impact the community. Regular and special business meetings of the El Paso MPO and its advisory committees are conducted in an open public forum with prior notification and provisions for receiving public comment according to Federal law and the Texas Open Meetings and Public Information Acts. Public meetings for the El Paso MPO will be held at sites and times reasonably available and convenient to potentially affected citizens. All meeting locations used will be reviewed to insure compliance with ADA (Americans with Disabilities Act of 1990) accessibility as well as reasonable access to the facility by transit and paratransit. Given a 5-working-days notice, MPO staff will ensure opportunities for full participation and accommodations for persons with disabilities at meetings by: Providing documents in alternate formats (e.g., Spanish) Providing interpreters or sign language interpreters When an MPO study or project impacts a low-income community, special efforts will be made to accommodate participation including considerations for transit access, meeting times and locations. 28

29 LISTENING SESSIONS/OPEN HOUSES As part of the planning processes and review of draft planning and programming documents and planning strategies, MPO staff will conduct listening sessions and/or open houses. These sessions will provide opportunities for the exchange of information between residents and staff and serve to better educate both parties. It also allows for MPO staff to obtain feedback from residents within the community. Staff will also work with member agencies to identify active community leaders throughout the El Paso MPO area and contact these leaders to learn how to better reach the different communities. Listening sessions/open houses usually allow for interaction between residents, community organizations, and transportation agency officials. In most cases any questions asked usually receive an immediate response. Methods of visual aids during listening sessions/open house hearings will include, but will not be limited to: Poster board size maps, charts, graphs, and photographs Copies of presentations to be made throughout the meeting via PowerPoint, slideshow, or overhead transparencies Video demonstrations, including other traffic modeling software Hard and electronic copies of all documents will be made available Sign-in sheets will be made available for attendees to sign in and comment cards to fill out PUBLIC HEARINGS FOR NEW MTP, TIP, AND TCR DOCUMENTS As part of the planning processes and adoption for all new MTP,. TIP, and TCR planning documents, MPO staff will conduct public hearings for planning and programming documents for the exchange of information and public comments regarding final draft versions of MPO planning and programming documents. These sessions will provide opportunities for the public to present comments regarding the final draft of planning documents and/or studies developed by the El Paso MPO. These hearings tend to be more formal, but can also be presented informally. Interaction between residents and public officials are not guaranteed, but may be available. Interaction between the public and MPO staff will always be available. As indicated, since public officials may not be available for hearings, questions and/or comments may not be addressed during the meeting. Hearings are only done when all three documents (MTP, TIP, and TCR) are new and are replacing standing documents. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y Methods of visual aids during meetings will include, but will not be limited to: 29

30 Poster board size maps, charts, graphs, and photographs Copies of presentations to be made throughout the meeting via PowerPoint, slideshow, or overhead transparencies Video demonstrations, including other traffic modeling software Hard and electronic copies of all documents will be made available Sign-in sheets will be made available for attendees to sign in and comment cards to fill out Recordings will be made of all El Paso MPO public hearings regarding public involvement for comment periods for the MTP, TIP, and TCR, documents by method of stemographer or audio recording, whichever method is best applicable. Additionally, recordings will be made of TPB, TPAC, and EC hearings. VIDEO TAPING Video streaming has kept the public abreast of TPB meetings and MPO events via the MPO website. TPB meetings are videotaped and are broadcast on the following Monday after the meeting on the City of El Paso s, Time Warner Cable Channel City 15, between the hours of 7 p.m. and midnight. In addition, the MPO website contains an archive database of TPB meetings for public viewing. The proceedings of these meetings are available digitally from the MPO upon request. MAILING LIST The El Paso MPO maintains a PPP mailing list. Because it is so important to continually involve everyone in the community in the transportation planning process, the mailing list is updated regularly. Anyone from the public or private sector who wishes to register to be added to the mailing list can do so at all public meetings, at the MPO offices, and on-line at the MPO website. See Appendix F for a sample of a public notification inclusion form. PUBLIC OUTREACH The MPO staff conducts on-going outreach campaigns within the region to provide information about the MPO transportation planning process. Informational meetings will be promoted with community groups, interest groups, and professional and academic organizations. Effective marketing techniques will be used by MPO staff to maximize outreach with community groups to reach the highest number of residents as possible. When ample time is given, MPO staff is available to accommodate requests to present educational programs and/or to provide materials at the request of civic groups, neighborhood associations or community groups. 30

31 WORKSHOPS Interactive workshops and small group discussions will be key avenues for public and agency input into the development of the MPO certification documents and other planning products. In addition, workshops will also be arranged to inform and educate stakeholders of the MPO Study Area of new and/or current transportation trends and methods. These workshops will be conducted whenever possible in cooperation with sponsoring organizations, such as municipal- i - ties, sub-regions, and community groups. STAFF TRAINING It is the intent of the El Paso MPO staff to: Other transportation studies, projects and programs also will be discussed, including transportation initiatives of member agencies and municipalities. Workshops will be scheduled for the convenience of the public, including accessible venues and times, and easy public transportation access. MPO staff will conduct special workshops throughout the year. These events are especially useful to gather information from participants with special concerns who are not in long-term membership on the TPAC and/or TPB. An example might be businesses, chambers of commerce, and smaller surrounding communities. Keep abreast of state-of-the-art public involvement methods and techniques. Identify adequate training opportunities and recommend to the Executive Director those that would enhance staff abilities to conduct more effective and efficient public involvement. MPO LOGO A logo representing the MPO is used to identify products and publications of the MPO. The logo helps the public become familiar with the different activities of the MPO by providing a means of recognizing MPO products. The logo will be used on all MPO publications; including those developed by consultants working on MPO sponsored projects. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 31

32 PUBLIC PARTICIPATION PROCESS FOR PLANNING DOCUMENTS Public involvement for EPMPO documents varies for different document stages and the status of the document undergoing public review. Public review of ALL documents must be posted at least 72 hours in advance of a scheduled meeting (Texas Open Meetings Act, p. 62). Public review of a new planning or programming document is at a minimum of 30 days (except for the PPP which requires a 45-day review period). Most updated and amended documents will have the opportunity to have a 30-day review; however, updated and amended documents may have a minimum of a 7 day review before adoption by the TPB, if necessary. With increased focus on expediting project implementation and funding allocation, there may be rare occasions in which issues arise that require urgent modification of the MTP, TIP, UPWP, TCR, CMP, and PPP due to funding requirements or timeliness. In these cases, exceptions to the 30-day comment period may be required in order to avoid not being able to secure funding. In these cases there will be adequate public notice and clear communication of the abbreviated time period. An abbreviated comment period will be at least seven (7) business days. Longer comment periods are preferred and will be offered whenever possible. These actions will be emphasized on the TPB meeting agenda which is posted at least 72 hours prior to the TPB posted meeting. Breakdowns of the types of document changes are as follows: New document: when a new conformity determination for the TIP and MTP must be assessed and/or where planning and financial forecasts/estimates are different from the existing planning documents; Updated document: when a change in planning financial forecast assumptions are made but no conformity determination is required for the planning document; Amended document: when changes are made to MTP and/or TIP projects but fiscal and financial constraint is maintained and no conformity determination is required. Differentiations between amendments of documents are discussed on pages Public participation processes for the MTP, TIP, PPP, TCD, CMP, and UPWP include the following public involvement measures: Early Public Involvement/Planning for Development of the New Draft Document and/or Update All public listening session/open house notices will be sent to selected newspapers to ensure regional coverage. Radio, and, when possible, television announcements for commencement of work on the new draft planning document and/or update (the previous adopted planning document will serve as the initial and/or working draft for the draft and/or update) will be made prior to the initial working session of the draft and/or update document. Updates can be made, in some cases, in advance of the federally prescribed update cycles. Public listening session/open house notices will be physically posted in El Paso County Courthouse, and electronically via the Public Information Office of the New Mexico Public Regulation Commission, and the MPO s website in an effort to involve the general public early in the development process. Notices of public meetings and 32

33 hearings will also be distributed electronically via through a special announcement release and/or through the MPO s newsletter, Roundabout, to those listed in the MPO s mailing list and all public information officers (PIO) of regional municipalities. A. Notification of Draft Planning Document and/or Update: 1. Place public notice advertisements in local English media outlets stating the availability of the draft plan for public review and comment. 2. Send press release to all appropriate local media announcing public review periods. 3. Send public listening session/open house notices to MPO mailing list that includes elected officials, chambers, public transportation providers, public interest groups, school districts, libraries, interested residents, etc. 4. Hold listening sessions and/or open house hearings at various locations with at least two meetings in minority and low-income areas identified as Environmental Justice populations. 5. Hold sessions during non-work hours and/or regular work hours to encourage greater attendance and participation. 6. Post public listening session/open house notices at the El Paso County Courthouse, the Public Information Office of the New Mexico Public Regulation Commission and electronically in the MPO s website. MPO staff is to follow proceedings for electronic posting mentioned previously in bold. 7. Present major plan elements to member jurisdictions as requested. 8. Hold interest group discussions with existing organizations as requested. 9. Conduct news media interviews as appropriate. 10. Place public notice advertisements in both English and Spanish languages on web page stating availability of draft plan for public review and comment dates of comment period and locations of listening sessions, open houses and/or public meetings. 11. Place working document on web page for public review. 12. Coordinate distribution of working document, when available, at public meetings conducted by other MPO member agencies. 13. Notifications for formal public comment periods leading to the adoption of planning documents constitute a legal notice. Such a notice may take the form of a display ad and be published in a prominent section of the newspaper. Display ads for public education and/or input opportunities should be in a type size readable at all ages and accommodate the information listed below: P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 33

34 Name of activity/type of event Name of sponsoring organization Subject of meeting Action to be taken and by whom Day, date, time and location of meeting Brief description of what the plan consists of and its geographic scope Comment period (list beginning and end date of public comment period) Where to obtain copies of the plan and how to provide comments Contact for more information, including name, phone number, address ADA language, including translation services available Appendix L presents a sample display ad with its contents keyed to listed specifications. B. Resident and Agency Feedback and MPO Response Method (Information Collection and Dissemination): 1. TPB and subcommittee meetings will serve as public comment forums for any draft document and their updates, in addition to all other public meetings. TPB meetings will be advertised in the local newspapers and announced through the MPO s website. Depending on publication date, TPB meetings may be announced in the MPO s e-newsletter, Roundabout. 2. Mail-in comment/question cards will be available at the TPB and at subcommittee meetings, at group and organization meetings, at open house meetings and at specified public meetings. 3. Comments can also be submitted through the MPO s web page. Public comments received through the El Paso MPO web page will be available at the TPB and subcommittee meetings, and on the MPO website. 4. All comments will be reviewed and draft responses made by MPO staff, in coordination with affected stakeholders. These responses are then provided to TPAC members for review and recommendation to the TPB for approval for disbursement to the public and posting onto the MPO website. C. Availability of Draft Planning Document for Public Review: 1. Draft plans available free of charge. Copies of materials are available at reproduction and postage costs consistent with the State of Texas Comptroller s policy (see Appendix H or visit this link: Copies of draft documents and major updates of the El Paso MPO planning and programming documents are posted on the MPO s website for public review. 2. The public review period to receive comments for the draft document and/or update will begin on the date indicated in the newspaper announcements and will end 30 days from that date (with the exception of the PPP which will have a review period of 45 days) a. However, public comments can be received throughout the entire review and when the draft document is adopted by the TPB. 34

35 3.Draft plans are available, in hardcopy, at: El Paso MPO Office Gateway Blvd. West, Suite 605 El Paso, TX Hard copy draft documents are also available at TPB and subcommittee meetings. During comment periods, electronic copies may also be available at public municipal libraries centrally located within planning areas on the Planning Area map (Appendix C). In the absence of a municipal public library, a local educational institution may be selected, as permitted. Electronic versions of the draft document will be distributed to regional municipal public information offices (PIO). All locations will be analyzed to assure compliancy with Title VI and EJ guidelines. Public Hearings and Comments on Final Draft Planning Document Prior To TPB Adoption A. Public Hearing Notification of the Final Draft Planning Document: Newspaper announcements of 30-day public participation process comment review period begins on date indicated and ends 30 days from announced begin date (all reviews for the PPP involve a 45-day review period commencing on the date indicated). 1. Place public hearing notice in local English and Spanish media outlets advertising 30-day (PPP: 45-day) comment and review period for final draft planning document with dates and location of public hearings and/or open houses. 2. Send press release to all appropriate local media announcing public review periods. 3. Send public hearing notice to MPO mailing list that includes elected officials, chambers, public transportation providers, public-interest groups, school districts, libraries, interested residents, etc. 4. Hold hearings at various locations with at least one meeting in minority and low-income areas identified as Environmental Justice populations. 5. Hold sessions during non-work hours and/or regular work hours to encourage greater attendance and participation. 6. Physically post public hearing notices at the El Paso County Courthouse, and electronically via the Public Information Office of the New Mexico Public Regulation Commission, and the MPO s website. MPO staff is to follow proceedings for electronic posting mentioned previously in bold. 7. Conduct news media interviews as appropriate. 8. Place public notice advertisements in both English and Spanish languages on web page stating availability of draft plan, dates of comment period and locations of public hearings. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 35

36 9. Notifications for formal public comment periods leading to the adoption of planning documents constitute a legal notice. Such a notice may take the form of a display ad and be published in a prominent section of the newspaper. Display ads for public education and/or input opportunities should be in a type size readable at all ages and accommodate the information listed below: Name of activity/type of event Name of sponsoring organization Subject of meeting Action to be taken and by whom Day, date, time and location of meeting Brief description of what the plan consists of and its geographic scope Comment period (list beginning and end date of public comment period) Where to obtain copies of the plan and how to provide comments Contact for more information, including name, phone number, address ADA language, including translation services available (italic type suggested) Appendix L presents a sample display ad with its contents keyed to listed specifications. B. Resident and Agency Feedback (Information Collection and Dissemination) 1. TPB and subcommittee meetings will serve as public comment forums with a minimum seven-day comment period after the last public meeting outside of the MPO before the Board meeting scheduled for approval of document. 2. Mail-in comment/question cards will be available at the TPB and at subcommittee meetings, at group and organization meetings, at open house meetings and at specified public meetings. 3. Comments can also be submitted through the MPO s web page. Public comments received through the El Paso MPO web page will be available at the TPB meetings and at subcommittee meetings. 4. The final opportunity for public comment is at the TPB meeting where the document is scheduled to be adopted by the Board. 5. All comments will be reviewed and draft responses made by MPO staff, in coordination with affected stakeholders. These responses are then provided to TPAC members for review and recommendation to the TPB for approval for disbursement to the public and posting onto the MPO website. 6. All comments and responses for the PPP document will be placed in Appendix D once the PPP document is adopted. C. Availability of Final Draft Planning Document for Public Review prior to and during Public Meetings 1. Draft plans available free of charge. Copies of materials are available at reproduction and postage costs consistent with the State of Texas Comptroller s policy (see Appendix H or visit this link: Copies of draft documents and major updates of the El Paso MPO planning and program- 36

37 ming documents are posted on the MPO s website for public review. 2. Public review periods will run at least 30-days, except for the PPP, which will have a 45- day review period. 3. Draft plans available, in hard copy, at the EPMPO offices. Hard copy draft documents are also available at TPB and subcommittee meetings. During comment periods, electronic copies may also be available at public municipal libraries centrally located within planning areas on the Planning Area map (see Appendix C). In the absence of a municipal public library, a local educational institution may be selected, as permitted. Electronic versions of the draft document will be distributed to regional municipal PIOs. All locations will be analyzed to assure compliancy with Title VI and EJ guidelines. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 37

38 REVISIONS TO MPO DOCUMENTS MTP, PPP, CMP, or UPWP Revision Request Procedure Any MPO Board member agency may request the consideration of a revision to the MTP, PPP, CMP, or UPWP on its own behalf or on the behalf of a non-member agency or private group, business or individual. Private parties must work through the MPO member agency that represents them to request a revision to the MTP. ALL such requests shall be submitted to the MPO Executive Director in writing. A revision to the above mentioned documents may be initiated by the MPO Executive Director to ensure that it remains in conformance with all applicable federal, state and regional policy requirements. TIP Revision Request Procedure To request a TIP revision, the project sponsor must follow TIP procedural guidelines, which requires the submittal of a project request form, for any changes or amendments. MPO staff will review the submitted request for compliance with Federal regulations, statue and regional policy, including funding completeness, impacts to air quality, congestion mitigation, safety, quality of life, opportunities for economic development, and fiscal constraint of total project cost. If the proposal is found not to conform to the MPO adopted guidelines as shown herein or is inconsistent with the fiscal constraint of the TIP the proposal may not be approved. Proposed revisions to projects contained in the TIP must also conform to the revision rules of the funding program involved. A revision to the above mentioned documents may also be initiated by the MPO Executive Director to ensure that it remains in conformance with all applicable federal, state and regional policy requirements. In the course of the life of MPO documents, revisions to the content are frequently made to provide current programming and/or changes adopted by the TPB. The definitions of these various revisions are as follows: Revision a change to the MTP, TIP, PPP, TCR, CMP, or UPWP that occurs between scheduled periodic updates Primary amendment a major revision to the above-mentioned MPO documents. This type of amendment requires public review and comment, a demonstration of fiscal constraint, and a conformity determination. Conformity determinations are only required for MTPs and TIPs in non-attainment and maintenance areas. Revisions that include the following are defined as primary amendments: Projects adding significant additional capacity to the MPO transportation network Significant additional funding for a project (as defined by the TPB) Changes to a project that require network models to be run Deletion of a project Major changes in a project s design concept or design scope and Major changes to project/project phase initiation dates A primary amendment may also be defined by the judgment and direction of the TPB as a consequence of particularities of a project and the forecasted final effects of the implementation of a project. Primary amendments must be presented to the TPB for approval. 38

39 Only revisions classified as primary amendments must go through the MPO PPP process described in Phases I and II of the Public Participation Process for Planning Documents described earlier in this document. Secondary amendments a revision to the above-mentioned MPO documents that includes the following changes: Funding sources, Funding categories, and Sponsors. Secondary amendments are presented to the TPB on programming documents and/or projects. The TPB has the final decision on whether the revision is classified as an primary amendment or a secondary amendment and may defer to the TPAC for a recommendation. Secondary amendments do not require a formal 30-day public review or comment, a demonstration of fiscal constraint, or a conformity determination. Administrative amendment a minor revision that does not significantly change the capacity of the MPO transportation network, increase the funding for a project, or excessively change the location or limits of a particular project from the original limits. This includes, but is not limited to: Minor changes to project/project phase costs, and Minor changes to project/project phase initiation dates. Administrative amendments do not require a formal 30- day public review or comment, a demonstration of fiscal constraint, conformity determination, nor do they need to be presented to the TPB. Grammatical and format amendments a minor revision required to correct or add grammatical or format errors that do not change the content of the document. Grammatical and format amendments are not required to be presented to the TPB nor do they require a formal 30-day public review or comment, a demonstration of fiscal constraint, nor conformity determination. P U B L I C P A R T I C I P A T I O N D E V E L O P M E N T & P O L I C Y 39

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41 OTHER MEANS OF DISSEMINATING INFORMATION The MPO may also use other newspapers whose circulation covers the MPO Study Area. Where allowed in the Study Area, the MPO may communicate with officials of religious orders to allow the dissemination of information in their buildings and coordinate meetings for the public. In rural areas, the MPO may post notices in public meeting places, and public schools. More efforts will be made by MPO staff to coordinate with school programs and associations to conduct public review meetings and create greater exposure of planning documents and the MPO transportation programming process. MPO Exhibit Tables MPO staff may attend other agency events and activities to set up an exhibit with maps, charts and informational brochures. Exhibit tables may also be used at selected malls and other public venues as appropriate. O U T R E A C H Bus Cards The MPO may use advertising space in Sun Metro and El Paso County buses whenever possible for various MPO events or public service announcements. Other Newsletters When project-specific newsletters are not used, articles may be prepared for publication in other newsletters produced by municipalities, homeowner associations, church groups, civic groups, or others that may have an interest in the project. These articles are subject to the publication dates and space restrictions of the individual publishers. Direct Mailings These are used to announce upcoming meetings or activities or to provide information to a targeted area or group of people. Direct mailings are usually post cards (5 ½ x 8 ), but can also be letters or flyers. An area may be targeted for a direct mailing because of potential impacts from a project. Groups are targeted that may have an interest in a specific issue. Small Group Meetings During projects such as planning studies, meetings are held with small groups that have an interest in the project. Meetings could be with homeowners or neighborhood associations, civic groups, special interest groups, or other groups of affected or interested parties. 41

42 Language Assistance Plan Development Title VI states that no person shall be excluded from participation in, denied the benefit of, or subjected to discrimination under any program or activity receiving federal financial assistance on the basis of race, color, national origin, age, sex, disability, or religion. Title VI prohibits discrimination: whether intentional or where the unintended effect is unduly burdensome. (see p. 15, Title VI & Environmental Justice section) The US Department of Transportation defines Limited English Proficiency (LEP) as persons who do not speak English as their primary language and who have limited ability to read, write, or understand English. Executive Order In 2000, President William J. Clinton signed Executive Order Improving Access to Services for Persons with Limited English Proficiency. The order provided clarification of Title VI in the Civil Rights Act of 1964, stating that recipients of federal funds must ensure that the programs and activities they normally provide in English are accessible to LEP persons and thus do not discriminate on the basis of national origin. The order also required federal agencies and recipients of federal financial assistance to examine the services they provide and develop an implementation plan to provide meaningful access to LEP persons. Guidance from the Federal Highway Administration, Federal Transit Administration and the Texas Department of Transportation stresses the importance of reducing language barriers that can prevent meaningful access by LEP persons to important services. The El Paso MPO values public involvement and feedback and encourages participation by all communities. As such, the El Paso MPO will endeavor on the development of a Language Assistance Plan (LAP). To ensure all communities have meaningful access to information and opportunities to participate in the planning process, the El Paso MPO, in the development of its LAP, will analyze MPO activities and demographic information for the Study Area in order to: Identify LEP persons who need language assistance and determine how these individuals are served or likely to be served by El Paso MPO programs. Outline how language assistance will be available. Train staff for considering the needs of and interacting with LEP persons. Provide notice to LEP persons. Monitor and update plans and strategies that address how LEP individuals have access to informa- 42

43 tion and opportunities for program participation. Transportation planning and services provided by El Paso MPO can be both a benefit and a burden to economic development, employment, housing, education, healthcare, and social opportunities, and, as such, upon completion of appropriate training, MPO staff will be dedicated to assessing the location and needs of LEP communities and consequently, the services the El Paso MPO provides to these communities. Determining LEP populations and how MPO programs will serve these individuals O U T R E A C H The U.S. Department of Transportation issued Policy Guidance to federal financial assistance recipients regarding Title VI prohibition against national origin discrimination affecting LEP persons. In this guidance the US Department of Transportation provided the four factor analysis, which the El Paso MPO will utilize in the development of its LEP, as an approach to evaluate the extent to which language assistance measures are required to ensure meaningful access to LEP persons. The factors are as follows: Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered by a program, activity, or service of the recipient grantee Factor 2: The frequency with which LEP individuals come in contact with the program Factor 3: The nature and importance of the program, activity or service provided by the recipient to people s lives Factor 4: The resources available to the recipient and costs As with the MPO s PPP document, the LEP is intended to be reviewed and updated on an ongoing basis. 43

44 ON GOING OUTREACH MPO staff will continue its work reaching out to communities that have not traditionally been involved in transportation planning, particularly low income and minority communities. It is also reaching out to communities that are natural constituencies for involvement in transportation issues, such as the disabled community, businesses, and the academic and professional engineering and planning communities. Public notifications and informational materials will be developed to reach new constituencies and will be available in accessible formats and be noticed through disability-oriented media outlets. Services such as translation for non-english speakers and signing for hearing impaired, large format printed materials, tapes and Braille for visually impaired, and escorts are available on 5 days advance request. MPO staff will continue to reach out to and attend meetings of other groups and institutions. In addition, MPO staff will continue to increase awareness of the MPO and the transportation planning process. It will focus on locations where people with interest in transportation converge, including university and public libraries, municipal planning offices and lobbies. The program is likely to include: Coordinating with libraries to add the MPO Web site to computer internet access, Creating long-term displays for municipal offices and public areas, Posting publicity on the transit system, Generating interviews and reports on broadcast and cable media, Encouraging links to the MPO Web site from other sites, Expanding circulation, Experimenting with printed promotions. BUDGETING THROUGH PUBLIC PARTICIPATION When developing a public involvement agenda for MPO activities, MPO staff will demonstrate sensitivity to budget constraints. Staff preparing the agenda will be well informed of the general resources available to be used for public involvement and be aware of the budget. The budget should contain a detailed breakdown of the resources necessary to implement the public involvement plan, noting where resources may be maximized though efficiencies such as coordinated efforts with other MPO member jurisdiction public involvement efforts. Consideration also should be given to allocating sufficient resources to develop a well thought out work plan, which will contribute to more effective and efficient implementation. MPO staff will also be aware to identify other public involvement activities that may be un- 44

45 der way by the MPO s partners for which there may be opportunities to coordinate through means such as shared distribution of materials, participation in activities, additional notification opportunities, etc. Providing a way to keep information about the El Paso MPO s plans and programs in the public eye on a regular basis provides a stronger foundation to build public involvement efforts more quickly. In an effort to keep abreast of what issues are being discussed, how those issues are being framed, different styles of communication employed by the public, etc, MPO staff will continue to attend stakeholder meetings and activities throughout the Study Area on a regular basis. Their goal will remain to listen and learn the public s concerns. Increased familiarity with stakeholders concerns and practices assists in developing a more well-informed and thus, efficient public involvement plan. O U T R E A C H REVIEWING EFFECTIVENESS MPO staff, TPAC, and the TPB will review the program s progress and effectiveness on the same two-year cycle the UPWP update follows. However, the PPP shall undergo a review in the Spring before the adopted two-year update of the UPWP in the Summer so as to accomodate any budget adjustments that may be necessary for the PPP subtask. Considerations will be made on: level of event attendance, number of comments received, use of the Web site, residents level of comfort with process, outcome, and sense of fair treatment, and participation Evaluations will include written and verbal comments provided by participants and event exit surveys asking for participants views on the process. Board and Committee members and MPO staff will develop and recommend modifications, as it deems necessary. In addition, the Federal Highway Administration and the Federal Transit Authority will review the program during certification reviews. 45

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47 A P P E N D I C E S APPENDICES 45

48 APPENDIX A ACRONYMS ADA American Disabilities Act of 1990 BIA Bureau of Indian Affairs CFR Code of Federal Regulations CMP Congestion Management Process CAA Clean Air Act CAD Computer-Aided Drafting CCG Council on Competitive Government CPA Comptroller of Public Accounts DOT Department of Transportation EPMPO El Paso Metropolitan Planning Organization EC Executive Committee EO Executive Order EJ Environmental Justice EPA Environmental Protection Agency FHWA Federal Highway Administration FTA Federal Transit Authority GIS Geographic Information System IRR Indian Reservation Roads JARC Job Access Reverse Commute LEP - Limited English Proficiency LAP Language Assistance Plan MPO Metropolitan Planning Organization MTP Metropolitan Transportation Plan NMDOT New Mexico Department of Transportation NF New Freedom NEPA National Environmental Policy Act NMSA New Mexico Statutes Annotated PPP Public Participation Program PIO Public Information Officer (Offices) SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users SIP State Implementation Plan TXDOT Texas Department of Transportation TPAC Transportation Policy Advisory Committee TPB Transportation Policy Board TIP Transportation Improvement Program TCR Transportation Conformity Report TMA - Transportation Management Area TPASS Texas Procurement and Support Services 46

49 UPWP Unified Planning Work Program USC United States Code A P P E N D I C E S 47

50 APPENDIX B - STUDY AREA MAP 48

51 APPENDIX C - PLANNING AREAS MAP A P P E N D I C E S 49

52 APPENDIX D - PUBLIC COMMENTS AND EPMPO RESPONSES PPP During the public review and comment period of the EPMPO PPP document there were no formal comments made regarding the document or the policies contained herein. There were compliments regarding the inclusion of Title VI procedures and the new methods that the EPMPO will be employing to conduct public meetings and the efforts that the staff will be utilizing to attempt to increase public involvement within the region. It was quite evident to those who attended the meeting that the EPMPO staff was working diligently to provide ample opportunity for the public to be involved in regional planning efforts. There was also excitement with the possible introduction of social media to the EPMPO efforts in increasing exposure of their efforts. Comments gasthered at the PPP public review meetings were concerning various transportation projects or plans within the region and did not pertain to the PPP. These comments would be forwarded to the TPB with responses and will be included in the Horizon MTP early public involvemnet comments. 50

53 APPENDIX E - FEDERAL REGULATIONS Title 23 ( f537e6bfb8&rgn=div5&view=text&node=23: &idno=23) CFR , (d) The metropolitan transportation planning process shall be carried out in coordination with the statewide transportation planning process required by 23 U.S.C. 135 and 49 U.S.C (e) In carrying out the metropolitan transportation planning process, MPOs, States, and public transportation operators may apply asset management principles and techniques in establishing planning goals, defining TIP priorities, and assessing transportation investment decisions, including transportation system safety, operations, preservation, and maintenance, as well as strategies and policies to support homeland security and to safeguard the personal security of all motorized and non-motorized users. A P P E N D I C E S CFR , (a) The MPO shall develop and use a documented participation plan that defines a process for providing citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with reasonable opportunities to be involved in the metropolitan transportation planning process. (1) The participation plan shall be developed by the MPO in consultation with all interested parties and shall, at a minimum, describe explicit procedures, strategies, and desired outcomes for: (i) Providing adequate public notice of public participation activities and time for public review and comment at key decision points, including but not limited to a reasonable opportunity to comment on the proposed metropolitan transportation plan and the TIP; (ii) Providing timely notice and reasonable access to information about transportation issues and processes; (iii) Employing visualization techniques to describe metropolitan transportation plans and TIPs; (iv) Making public information (technical information and meeting notices) available in electronically accessible formats and means, such as the World Wide Web; (v) Holding any public meetings at convenient and accessible locations and times; 51

54 (vi) Demonstrating explicit consideration and response to public input received during the development of the metropolitan transportation plan and the TIP; (vii) Seeking out and considering the needs of those traditionally underserved by existing transportation systems, such as low-income and minority households, who may face challenges accessing employment and other services; (viii) Providing an additional opportunity for public comment, if the final metropolitan transportation plan or TIP differs significantly from the version that was made available for public comment by the MPO and raises new material issues which interested parties could not reasonably have foreseen from the public involvement efforts; (ix) Coordinating with the statewide transportation planning public involvement and consultation processes under subpart B of this part; and (x) Periodically reviewing the effectiveness of the procedures and strategies contained in the participation plan to ensure a full and open participation process. CFR , (b) In developing metropolitan transportation plans and TIPs, the MPO should consult with agencies and officials responsible for other planning activities within the MPA that are affected by transportation (including State and local planned growth, economic development, environmental protection, airport operations, or freight movements) or coordinate its planning process (to the maximum extent practicable) with such planning activities. In addition, metropolitan transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the area that are provided by: (1) Recipients of assistance under title 49 U.S.C. Chapter 53; (2) Governmental agencies and non-profit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the U.S. Department of Transportation to provide non-emergency transportation services; and (3) Recipients of assistance under 23 U.S.C (c) When the MPA includes Indian Tribal lands, the MPO shall appropriately involve the Indian Tribal government(s) in the development of the metropolitan transportation plan and the TIP. (d) When the MPA includes Federal public lands, the MPO shall appropriately involve the Federal land management agencies in the development of the metropolitan transportation plan and the TIP. 52

55 (e) MPOs shall, to the extent practicable, develop a documented process(es) that outlines roles, responsibilities, and key decision points for consulting with other governments and agencies, as defined in paragraphs (b), (c), and (d) of this section, which may be included in the agreement(s) developed under CFR , (f) The metropolitan transportation plan shall, at a minimum, include:... (4) Consideration of the results of the congestion management process in TMAs that meet the requirements of this subpart, including the identification of SOV projects that result from a congestion management process in TMAs that are nonattainment for ozone or carbon monoxide;... (7) A discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the metropolitan transportation plan. The discussion may focus on policies, programs, or strategies, rather than at the project level. The discussion shall be developed in consultation with Federal, State, and Tribal land management, wildlife, and regulatory agencies. The MPO may establish reasonable timeframes for performing this consultation;... A P P E N D I C E S (g) The MPO shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of the transportation plan. The consultation shall involve, as appropriate: (1) Comparison of transportation plans with State conservation plans or maps, if available; or (2) Comparison of transportation plans to inventories of natural or historic resources, if available. USC 134, ( (a) (2) DEVELOPMENT OF PLANS AND PROGRAMS. To accomplish the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State... (4) PROCESS OF DEVELOPMENT. The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed... (h) (4) NOTICE AND COMMENT. Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any 53

56 affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program... (i) (2) TRANSPORTATION PLANS AND PROGRAMS. Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and transit operators. 49 CFR Part 613 The regulations in 23 CFR 450, subpart C, shall be followed in complying with the requirements of this subpart. The definitions in 23 CFR 450, subpart A, shall apply. ( The El Paso MPO provides this access through public meetings, open and accessible committee meetings and public comment periods. The El Paso MPO will encourage the participation of all its study area residents, including those defined by FHWA as traditionally underserved, in the transportation planning process and strive to ensure full and fair participation in the transportation decision making process by all potentially affected communities. 54

57 A. Both Title VI of the Civil Rights Act of 1964 (Title VI) and Executive Order on Environmental Justice (EO 12898) are specific in the description of the populations they protect. Title VI prohibits discrimination based on race, color and national origin. EO protects minority and low income populations. Discrimination against persons based on gender, age, and disability are addressed by other nondiscrimination statutes. Collectively, these populations are often referred to as traditionally underserved in the transportation planning process. The laws prohibiting discrimination against those referred to as traditionally underserved by recipients of federal financial assistance include: The Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin. Title VI of the 1964 Civil Rights Act states that No person in the United States 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. Title VI prohibits recipients of federal funds from actions that reflect intentional discrimination or that exhibit adverse disparate impact discrimination on the basis of race, ethnicity, or national origin. o A P P E N D I C E S The 1973 Federal-aid Highway Act, which prohibits discrimination on the basis of sex. o Section 504 of 1973 Rehabilitation Act (29 USC 790), states no qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance. The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age. o The Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities. o The Civil Rights Restoration Act of 1987 amended Title VI so that recipients of federal aid must comply with the non-discriminatory requirements in all their activities, not just the programs and activities that directly receive federal support. That is, government agencies that receive any federal funds must avoid discriminatory impacts not only when setting policy for federally funded programs but also for programs that are entirely state or locally funded. Title VI provides one of the principal legal underpinnings for environmental justice, which was first identified as a national 55

58 policy in 1994 when President Clinton signed Executive Order Federal Action to Address Environmental Justice in Minority Populations and Low-income Populations. o Executive Order on Environmental Justice, which protects minority and low-income populations from disproportionately high and adverse impacts. This order requires that each federal agency shall, to the greatest extent allowed by law, administer and implement its programs, policies and activities that affect human health or the environment so as to identify and avoid disproportionately high and adverse effects on minority and low-income populations. o Executive Order on Limited English Proficiency, which provides meaningful access to services for persons who have limited English proficiency. o B. Additionally, low-literacy populations and those without personal transportation are included as traditionally underserved populations, although they do not enjoy the protection of either a federal act or an executive order. C. Definitions of Traditionally Underserved Populations Minority: Persons considered to be minorities are identified by the Census as people of African, Hispanic, Asian, American Indian, or Alaskan Native origin. Executive Order and the DOT and FHWA Orders on Environmental Justice consider minority persons as persons belonging to any of the following groups: Black a person having origins in any of the Black racial groups of Africa. Hispanic a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race. Asian a person having origins in the Far East, Southeast Asia, or the Indian Subcontinent. American Indian and Alaskan Native a person having origins in North America and who maintains cultural identification through tribal affiliation or community recognition. Native Hawaiian or Pacific Islander - A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands Low Income: A person whose household income (or in the case of a community or group, whose median household income) is at or below the U.S. Department of Health and Human Services poverty guidelines. The national poverty guidelines are issued annually by the Department of Health and Human Services and 56

59 are available at Elderly: Any persons over the age of 65. People with Disabilities: Under the Americans with Disabilities Act of 1990, a qualified individual with a disability is a person that 1) has a physical or mental impairment that substantially limits one or more major life activities; 2) has a record of such an impairment; or 3) is regarded as having such an impairment. Limited English Proficiency: People who do not speak English as their primary language and have a limited ability to read, speak, write, or understand English may be considered limited English proficient. A P P E N D I C E S Low Literacy: People who have difficulty using certain reading, writing, and computational skills considered necessary for functioning in everyday life may be considered to have low literacy. Persons with low literacy are generally defined as having less than fifth-grade reading and comprehension skills. Zero car households: Households without cars or access to one. Low-literacy populations and those without personal transportation are included as traditionally underserved populations, although they do not enjoy the protection of either a federal act or an executive order. MPO and Tribal Transportation Planning Requires that where a metropolitan planning area includes Federal public lands and/or Indian Tribal lands, the affected Federal agencies and Indian Tribal governments shall be involved appropriately in the development of transportation plans and programs. Discussion on environmental mitigation activities of the long-range transportation plan shall be developed in consultation with tribes. The Transportation Management Area (TMA) Planning Certification Review is an oversight opportunity for FHWA/FTA to ensure that the metropolitan planning process in each TMA is being carried out in accordance with applicable provisions of Federal law. ( Statutory/Regulatory References 23 U.S.C. 134(j)(3)(B) 23 U.S.C. 134(i)(2)(B)(ii) 23 U.S.C. 134(k)(5) 23 U.S.C. 101(a)(23) 23 CFR ; ; (i); (a) 57

60 Regarding Public Involvement PUBLIC PARTICIPATION PROGRAM Requires that metropolitan and statewide transportation decisions consider a wide array of factors including land use impacts and the overall social, economic, energy, and environmental effects of transportation decisions. Public input is essential in adequately considering such effects. Prior to adopting plans or programs, the MPO or State DOT are required to provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, other affected employee representatives, and other interested parties with a reasonable opportunity to comment. The new Indian Reservation Roads (IRR) Rule found in 25 CFR identifies a set of criteria for the Bureau of Indian Affairs (BIA) and Tribes around public hearings. The tribe or BIA, after consultation with the appropriate tribe and other agencies will determines need for a public hearing (based on the criteria) for IRRTIP, long-range transportation plan or project. Also, required is a public review of the draft IRR long-range transportation plan. ( vlex.com/vid/ irr-planning-projects-funded ) Statutory/Regulatory References Metropolitan Planning o 23 U.S.C. 134 o 49 U.S.C. 5303, 5304, 5305 o 23 CFR o (b); (b); (g); (b) IRR Public Hearings/Review o 25 CFR to o 25 CFR

61 APPENDIX F - PUBLIC NOTIFICATION EL PASO MPO Please add my name to the Public Notification list: Name: Title: Agency: A P P E N D I C E S Address: Phone: Đ Please add my name to the distribution list for the El Paso MPO s Roundabout E-newsletter, as well. Please mail, or fax to: El Paso Metropolitan Planning Organization Gateway Blvd. West, Suite 605 El Paso, TX Fax (915) emeza@elpasompo.org Website: 59

62 APPENDIX G - PUBLIC MEETING PROTOCOLS Listening Sessions/Open Houses A public listening session or open house will usually last up to two hours or less, unless there is substantial controversy. Protocol for these informal sessions is organized in the following order: 1. Convene meeting 2. Presentations 3. Recess 4. Questions and answers 5. Adjournment Public Hearings A public hearing usually last two hours or less, unless there is substantial controversy. Traditional fomat for public hearings are organized as follows: 60

63 APPENDIX H - TEXAS COMPTROLLER PRINTING GUIDANCE Printing and Copying Services As it applies to State purchasing, printing is a means of graphic production or reproduction of paper documents using a printing press or high volume digital printing equipment. Printing is a service that requires special treatment because there are many options for procuring print and print related services, including fulfillment and mailing services. This section provides procurement instructions and summarizes state agency printing options. Incidental Copying and Copy Centers Incidental copying is copying and document production within quantity limits and job specifications that do not reasonably require high-volume duplication equipment or services. It is the day-to-day production and copying of documents using available local and networked printers and photocopiers. State agencies are authorized to provide for their own incidental copying needs. A P P E N D I C E S The needs of some agencies may make it necessary for them to maintain a copy center, which for the purpose of this document is a centralized location with multiple pieces of printing and reproduction equipment, typically with a dedicated staff assigned to the location and an order fulfillment process to support agency functions. Staffing and equipment located within a copy center should be appropriate to the size, scope and mission of the agency. The purchase or lease of equipment is subject to review by the Texas Procurement and Support Services (TPASS) division of the Comptroller of Public Accounts (CPA) and the Council on Competitive Government (CCG) not only in regards to the merit of the individual purchase, but also in context of the entirety of equipment deployed in the copy center. Equipment typically associated with print shop operations (e.g., printing presses, folding machines, cutting machines, etc.) should not be deployed in agency copy centers. Furthermore, agencies that maintain copy centers must meet with CCG to establish impression-per-job and/or cost-per-page guidelines that set appropriate job limits. Procedure For Procuring Print and Print Related Services: Print and print related service procurements exceeding $1,000 in estimated purchase price must follow the procedures outlined below. It is a violation to purposefully divide job requests for the purpose of avoiding the procedures outlined below. Agencies are encouraged to establish internal procurement procedures for print and print related service requests less than $1,000. Additional information, including an FAQ about the procurement process is available at State agencies are encouraged to contact the Texas Procurement and Support Services Division of the Comptroller of Public Accounts, for any clarifications or other requests. 61

64 APPENDIX I - THE TEXAS OPEN MEETINGS ACT AT A GLANCE Under the Texas Open Meetings Act (the Act), the general rule is that every regular, special, or called meeting of a governmental body, including a city council and most boards and commissions (depending on membership and authority), must be open to the public and comply with all the requirements of the Act. The Act does not apply to purely social gatherings or conventions and workshops, as long as any discussion of city business is incidental to the purpose of the gathering. There are seven exceptions that generally authorize closed meetings, also known as executive sessions. The exceptions include discussions involving: (1) purchase or lease of real property; (2) security measures; (3) receipt of gifts; (4) consultation with attorney; (5) personnel matters; (6) economic development; and (7) certain homeland security matters. The governing body must first convene in open session, identify which issues will be discussed in executive session, and cite the time and applicable exception. All final actions, decisions, or votes must be made in an open meeting. A governmental body must post an agenda that includes the date, hour, place, and subject of each meeting. The agenda must be posted at city hall in a place readily accessible to the public at all times for at least 72 hours before the meeting. In addition, for cities that have an Internet Web site: (1) a city under 48,000 population must post meeting notices on the site; and (2) a city over 48,000 population must post the entire agenda on the site. Emergency meetings to address imminent threats to public health and safety or urgent public necessity may be called with two hours notice that identifies the nature of the emergency. If, at a meeting, someone inquires about a subject not on the agenda, any deliberation or decision about the subject must be limited to: (1) a proposal to place the subject on a future agenda; (2) a statement of factual information; or (3) a recitation of existing policy. Cities must keep written minutes (or a certified agenda for executive sessions) or recordings of all meetings, except for closed consultations with an attorney. The minutes must state the subject and indicate each vote, decision, or other action taken. Minutes do not have to be a verbatim transcript. Minutes of open meetings must be kept forever. Executive session certified agendas or tapes must be kept for at least two years, and longer if litigation is pending. Penalties for violating the Act range from having the action voided to the imposition of fines and incarceration. Any action taken in violation is voidable and may be reversed in a civil lawsuit. There are four criminal provisions under the Act, including: (1) knowingly conspiring to circumvent the Act by meeting in numbers less than a quorum for the purpose of secret deliberations; (2) calling or participating in a closed meeting; (3) participating in an executive session without a certified agenda or tape recording; and (4) disclosure of a certified agenda or tape recording to a member of the public. Upon conviction, fines may be up to $2,000, and incarceration may be up to six months. An official can be convicted for participating in an illegal closed meeting, even if unaware of the illegality of the meeting. It is an affirmative defense that the member or the official acted 62

65 in reasonable reliance on a: (1) court order; (2) written opinion of a court of record; (3) written attorney general s opinion; or (4) written opinion of the attorney for the governing body. This handout is oversimplified for brevity and should never be substituted for the advice of legal counsel. Please contact your city attorney or the Texas Municipal League Legal Services Department at or legal@tml.org with questions regarding the application of the Act. For the detailed Open Meetings Act Handbook, please visit the Texas attorney general s Web site at or call 877-OPEN TEX. A P P E N D I C E S 63

66 APPENDIX J - NEW MEXICO OPEN MEETINGS ACT The Open Meetings Act, NMSA 1978, Sections to , is known as a sunshine law. All states have such laws, which are essentially motivated by the belief that the democratic ideal is best served by a well-informed public. Sunshine laws generally require that public business be conducted in full public view, that the actions of public bodies be taken openly, and that the deliberations of public bodies be open to the public. If you would like additional copies of this Guide, or if you have any questions about the Guide or the applicability of the Act, please contact the Civil Division of the Office of the Attorney General, P.O. Drawer 1508, Santa Fe, New Mexico , or by telephone at (505) The Guide is also posted on the Attorney General Office s website at after accessing the site, simply click on Civil Division. Section Formation of Public Policy A. In recognition of the fact that a representative government is dependent upon an informed electorate, it is declared to be public policy of this state that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. The formation of public policy or the conduct of business by vote shall not be conducted in closed meetings. All meetings of any public body except the legislature and the courts shall be public meetings, and all persons desiring shall be permitted to attend and listen to the deliberations and proceedings. Reasonable efforts shall be made to accommodate the use of audio and video recording devices. B. All meetings of a quorum of members of any board, commission, administrative adjudicatory body or other policymaking body of any state agency, any agency or authority of any county, municipality, district or any political subdivision, held for the purpose of formulating public policy, including the development of personnel policy, rules, regulations or ordinances, discussing public business or for the purpose of taking any action within the authority of or the delegated authority of any board, commission or other policymaking body are declared to be public meetings open to the public at all times, except as otherwise provided in the constitution of New Mexico or the Open Meetings Act. No public meeting once convened that is otherwise required to be open pursuant to the Open Meetings Act shall be closed or dissolved into small groups or committees for the purpose of permitting the closing of the meeting. C. If otherwise allowed by law or rule of the public body, a member of a public body may participate in a meeting of the public body by means of a conference telephone or other similar communications equipment when it is otherwise difficult or impossible for the member to attend the meeting in person, provided that each member participating by conference telephone can be identified when speaking, all participants are able to hear each other at the same time and members of the public attending the meeting are able to hear any member of the public body who speaks during the meeting. D. Any meetings at which the discussion or adoption of any proposed resolution, rule, regulation or formal action occurs and at which a majority or quorum of the body is in attendance, and any closed meetings, shall be held only after reasonable notice to the public. The affected body shall determine at least annually in a public meeting what notice for a public meeting is reasonable when applied to that body. That notice shall include broadcast 64

67 stations licensed by the federal communications commission and newspapers of general circulation that have provided a written request for such notice. E. A public body may recess and reconvene a meeting to a day subsequent to that stated in the meeting notice if, prior to recessing, the public body specifies the date, time and place for continuation of the meeting, and, immediately following the recessed meeting, posts notice of the date, time and place for the reconvened meeting on or near the door of the place where the original meeting was held and in at least one other location appropriate to provide public notice of the continuation of the meeting. Only matters appearing on the agenda of the original meeting may be discussed at the reconvened meeting. F. Meeting notices shall include an agenda containing a list of specific items of business to be discussed or transacted at the meeting or information on how the public may obtain a copy of such an agenda. Except in the case of an emergency, the agenda shall be available to the public at least twenty-four hours prior to the meeting. Except for emergency matters, a public body shall take action only on items appearing on the agenda. For purposes of this Subsection, an emergency refers to unforeseen circumstances that, if not addressed immediately by the public body, will likely result in injury or damage to persons or property or substantial financial loss to the public body. A P P E N D I C E S G. The board, commission or other policymaking body shall keep written minutes of all its meetings. The minutes shall include at a minimum the date, time and place of the meeting, the names of members in attendance and those absent, the substance of the proposals considered and a record of any decisions and votes taken that show how each member voted. All minutes are open to public inspection. Draft minutes shall be prepared within ten working days after the meeting and shall be approved, amended or disapproved at the next meeting where a quorum is present. Minutes shall not become official until approved by the policymaking body. H. The provisions of Subsections A, B and G of this section do not apply to: (1) Meetings pertaining to issuance, suspension, renewal or revocation of a license except that a hearing at which evidence is offered or rebutted shall be open. All final actions on the issuance, suspension, renewal or revocation of a license shall be taken at an open meeting; (2) limited personnel matters; provided that for purposes of the Open Meetings Act, limited personnel matters means the discussion of hiring, promotion, demotion, dismissal, assignment or resignation of or the investigation or consideration of complaints or charges against any individual public employee; provided further that this Subsection is not to be construed as to exempt final actions on personnel from being taken at open public meetings; nor does it preclude an aggrieved public employee from demanding a public hearing. Judicial candidates interviewed by any commission shall have the right to demand an open interview; (3) deliberations by a public body in connection with an administrative adjudicatory proceeding. For purposes of this paragraph, an administrative adjudicatory proceeding means a proceeding brought by or against a person before a public body in which individual legal rights, duties or privileges are required by law to be determined by the public body after an opportunity for a trial-type hearing. Except as otherwise provided 65

68 in this section, the actual administrative adjudicatory proceeding at which evidence is offered or rebutted and any final action taken as a result of the proceeding shall occur in an open meeting; (4) the discussion of personally identifiable information about any individual student, unless the student, his parent or guardian requests otherwise; (5) meetings for the discussion of bargaining strategy preliminary to collective bargaining negotiations between the policy-making body and a bargaining unit representing the employees of that policymaking body and collective bargaining sessions at which the policymaking body and the representatives of the collective bargaining unit are present; (6) that portion of meetings at which a decision concerning purchases in an amount exceeding two thousand five hundred dollars ($2,500) that can be made only from one source and that portion of meetings at which the contents of competitive sealed proposals solicited pursuant to the Procurement Code are discussed during the contract negotiation process. The actual approval of purchase of the item or final action regarding the selection of a contractor shall be made in an open meeting; (7) meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the public body is or may become a participant; (8) meetings for the discussion of the purchase, acquisition or disposal of real property or water rights by the public body; (9) those portions of meetings of committees or boards of public hospitals where strategic and long-range business plans or trade secrets are discussed; and (10) that portion of a meeting of the gaming control board dealing with information made confidential pursuant to the provisions of the Gaming Control Act. I. If any meeting is closed pursuant to the exclusions contained in Subsection H of this section, the closure: (1) If made in an open meeting, shall be approved by a majority vote of a quorum of the policymaking body; the authority for the closure and the subject to be discussed shall be stated with reasonable specificity in the motion calling for the vote on a closed meeting; the vote shall be taken in an open meeting; and the vote of each individual member shall be recorded in the minutes. Only those subjects announced or voted upon prior to closure by the policymaking body may be discussed in a closed meeting; and (2) if called for when the policymaking body is not in an open meeting, shall not be held until public notice, appropriate under the circumstances, stating the specific provision of the law authorizing the closed meeting and stating with reasonable specificity the subject to be discussed, is given to the members and to the general public. J. Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state that the matters discussed in the closed meeting were limited only to those specified in the motion for closure or in the notice of the separate closed meeting. This statement shall be approved by the public body under Subsection G of this section as part of the minutes. 66

69 Section State Legislature; Meetings. A. All meetings of a quorum of members of any committee or policymaking body of the state legislature held for the purpose of discussing public business or for the purpose of taking any action within the authority of or the delegated authority of such committee or body are declared to be public meetings open to the public at all times. B. The provisions of Subsection A of this section shall not apply to matters relating to personnel, or matters adjudicatory in nature, or any bill, resolution or other legislative matter not yet presented to either house of the legislature or general appropriation bills. C. For the purpose of this section, meeting means a gathering of the members called by the presiding officer of a standing committee Invalid Actions; Standing. A P P E N D I C E S A. No resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be valid unless taken or made at a meeting held in accordance with the requirements of NMSA 1978, Section Every resolution, rule, regulation, ordinance or action of any board, commission, committee or other policymaking body shall be presumed to have been taken or made at a meeting held in accordance with the requirements of NMSA 1978, Section B. All provisions of the Open Meetings Act shall be enforced by the attorney general or by the district attorney in the county of jurisdiction. However, nothing in that act shall prevent an individual from independently applying for enforcement through the district courts, provided that the individual first provides written notice of the claimed violation to the public body and that the public body has denied or not acted on the claim within fifteen days of receiving it. A public meeting held to address a claimed violation of the Open Meetings Act shall include a summary of comments made at the meeting at which the claimed violation occurred. C. The district courts of this state shall have jurisdiction, upon the application of any person to enforce the purpose of the Open Meetings Act, by injunction, mandamus or other appropriate order. The court shall award costs and reasonable attorney fees to any person who is successful in bringing a court action to enforce the provisions of the Open Meetings Act. If the prevailing party in a legal action brought under this section is a public body defendant, it shall be awarded court costs. A public body defendant that prevails in a court action brought under this section shall be awarded its reasonable attorney fees from the plaintiff if the plaintiff brought the action without sufficient information and belief that good grounds supported it. D. No section of the Open Meetings Act shall be construed to preclude other remedies or rights not relating to the question of open meetings Penalty. Any person violating any of the provisions of NMSA 1978, Section or is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500) for each offense. 67

70 APPENDIX K - TITLE VI COMPLAINT PROCEDURES Introduction As a recipient of federal financial assistance and under Title VI of the Civil Rights Act of 1964 and related Title VI statutes, The El Paso MPO ensures that no person shall, on the grounds of race, religion, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any agency programs or activities. All programs funded in whole or in part from federal financial assistance are subject to Title VI requirements. The Civil Rights Restoration Act of 1987 extended this to all programs within an agency that receives federal assistance regardless of the funding source for individual programs. This policy is intended to establish a procedure under which complaints alleging discrimination in El Paso MPO s provisions, services, or El Paso MPO activities can be made by persons who are not employees of El Paso MPO. Any person who believes El Paso MPO, or any entity who receives federal financial assistance from or through El Paso MPO (i.e., sub-recipients, sub-contractors, or sub-grantees), has subjected them or any specific class of individuals to unlawful discrimination may file a complaint of discrimination. The El Paso MPO will follow timelines set forth in guidance from the Department of Transportation, the Federal Highway Administration, Federal Transit Administration and the Department of Justice for processing Title VI discrimination complaints. When to File A complaint of discrimination must be filed within 180 calendar days of the alleged act of Discrimination, or discovery thereof; or where there has been a continuing course of conduct, the date on which that conduct was discontinued. Filing means a written complaint must be postmarked before the expiration of the 180-day period. The filing date is the day you complete, sign, and mail the complaint form. The complaint from and consent/release form must be dated and signed for acceptance. Complaints received more than 180 days after the alleged discrimination will not be processed and will be returned to the complainant with a letter explaining why the complaint could not be processed and alternative agencies to which a report may be made. Where to File In order to be processed, signed original complaint forms must be mailed to: El Paso Metropolitan Planning Organization Assistant Director Gateway Blvd. West, Suite 605 El Paso, TX Upon request, reasonable accommodations will be made for persons who are unable to complete the complaint form due to disability or limited-english proficiency. A complaint may also be filed by a representative on behalf of a complainant. 68

71 Persons who are not satisfied with the findings of the El Paso MPO may seek remedy from other applicable state of federal agencies. Required Elements of a Complaint In order to be processed, a complaint must be in writing and contain the following information: Name, address, and phone number of the complainant. Name(s) and address(es) and business(es)/organization(s) of person(s) who allegedly discriminated. Date of alleged discriminatory act(s). Basis of complaint (i.e. race, color, national origin, sex, age, religion, or disability). A statement of complaint. A signed consent release form. A P P E N D I C E S Complaint Process Overview The following is a description of how a discrimination complaint will be handled once received by El Paso MPO. 1. A complaint is received by EL PASO MPO: Complaints must be in writing and signed by the complainant or their designated representative. If the complainant is unable to complete the form in writing due to disability or limited-english proficiency, upon request reasonable accommodations will be made to ensure the complaint is received and processed in a timely manner. Complainants wishing to file a complaint that do not have access to the Internet or the ability to pick up a form will be mailed a complaint form to complete. The complainant will be notified if the complaint form is incomplete and asked to furnish the missing information. 2. Complaint is logged into tracking database: Completed complaint forms will be logged into the complaint tracking database; basic data will be maintained on each complaint received. 3. Determine jurisdiction: El Paso MPO s Public Information Officer (or Title VI Specialist) will complete an initial review of the complaint. The purpose of this review is to determine if the complaint meets basic criteria. Criteria required for a complete complaint: Basis of alleged discrimination (I.e. race, religion, color, national origin, sex, age or disability. Determination of timeliness will also be made to ensure that the complaint was filed within the 180 day period requirement. The program in which the alleged discrimination occurred will be examined to 69

72 ensure that the complaint was filed with the appropriate agency. During this process, if a determination was made in which the program or activity that the alleged discrimination occurred is not related to the El Paso MPO program or activity, every attempt will be made to establish the correct agency. Whenever possible and assuming consent was granted on the Consent/Release form, the complaint will be forwarded to the appropriate agency. 4. Initial written notice to complainant: Within 10 working days of the receipt of the complaint, El Paso MPO will send notice to the complainant confirming receipt of the complaint; if needed the notice will request additional information, notify complainant that the activity is not related to a El Paso MPO program or activity, or does not meet deadline requirements. Conclusions made in step three will determine the appropriate response to the complaint. Examples of response letters are located in Appendix A. If any additional information is needed from the complainant, it will be communicated at this point in the process. A copy of the written response, as well as the complaint form, will be forwarded to the Texas Department of Transportation, Office of Civil Rights, Contract Compliance Section for informational purposes only. 5. Investigation of complaint: The Public Information Officer (or Title VI Specialist) will confer with the Department Director to determine the most appropriate fact finding process to ensure that all available information is collected in an effort to reach the most informed conclusion and resolution of the complaint. The type of investigation techniques used may vary depending on the nature and circumstances of the alleged discrimination. An investigation may include but is not limited to: Internal meetings with El Paso MPO staff and legal counsel. Consultation with state and federal agencies. Interviews of complainant(s). Review of documentation (i.e. planning, public involvement, and technical program activities). Interviews and review of documentation with other agencies involved. Review of technical analysis method (if applicable). Review of demographic data. 6. Determination of investigation: An investigation must be completed within 60 days of receiving the complete complaint, unless the facts and circumstances warrant otherwise. A determination will be made based on information obtained. The Title VI Specialist, Department Director and/or designee will render a recommendation for action, including formal and/or informal resolution strategies in a report of findings to the El Paso MPO Executive Director. 7. Notification of determination: Within 10 days of completion of an investigation, the complainant must be notified by the El Paso MPO Executive Director of the final decision. The notification will advise the complainant of his/her appeal rights with state and federal agencies if he/she is dissatisfied with the final decision. A copy of this letter, along with the report of findings, will be forwarded to the Texas Department of Transportation, Office of Civil Rights, Contract Compliance Section for information purposes. 70

73 A P P E N D I C E S 71

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75 A P P E N D I C E S 73

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77 A P P E N D I C E S 75

78 APPENDIX L - SAMPLE PERIODICAL PUBLIC MEETING ADVERTISEMENT FOR PUBLIC COMMENT PERIOD 76