Item - 2013.CC39.2

City Council on October 8, 9, 10 and 11, 2013, adopted the following:

1.            City Council adopt the recommendations contained in the investigation report (July 9, 2013) from the Ombudsman.

Ombudsman Recommendations:

Taking into account all the evidence gathered in this investigation, I recommend the following:

1.         That the TTC cease using video recordings for reassessment purposes until such time as it has completed the ensuing recommendations.

2.         That the TTC review and re-develop its processes for the Questionable Rider Program by January 1, 2014. If it wishes to continue using video recordings for reassessment purposes, the process must include, but not be limited to:

i.          advising and providing riders with all information upon which the reassessment is based in advance of the reassessment;

ii.          creating a standard process with guidelines for panel members to view and score video recordings and/or additional complaint information;

iii.         providing riders at the reassessment interview the opportunity to present their own evidence before the panel;

iv.         amending all correspondence to riders to ensure that full and fair disclosure is provided before and after the reassessment interview; and

v.         briefing panel members properly on the new process.

3.         That pursuant to its policy, the TTC engage in meaningful public consultation with respect to its use of video surveillance on Wheel-Trans vehicles to reassess eligibility.

4.         That should the TTC continue to deem video recordings as a necessary part of the Questionable Rider Program, by January 1, 2014, notification be sent from the CEO or a senior executive to all Wheel-Trans riders informing them about the TTC’s use of video surveillance on vehicles to reassess eligibility. In providing this notification, the TTC will take into consideration riders with accessibility issues who require accommodated communication based on their disabilities.

5.         That the TTC amend its decal to ensure that it is clearly visible and legible, with a reasonable font size.

6.         That by January 1, 2014, the TTC will post the following information on its website.

i.          Wheel-Trans application process;

ii.         Wheel-Trans application;

iii.        Wheel-Trans Questionable Rider Program and process;

iv.        Wheel-Trans appeal process;

v.         Wheel-Trans use of video recordings on vehicles to reassess eligibility, including how information is received.

7.         That assuming the TTC continues to use video recordings to reassess eligibility, it amends the policy.

8.         That by January 1, 2014, the TTC updates its “Welcome to Wheel-Trans” booklet to include all relevant information in relation to the Questionable Rider Program and process, use of video surveillance to reassess eligibility and its appeal process.

9.         That the TTC ensure all future changes be properly communicated to its riders, taking into consideration riders who require accommodated communication based on their disabilities.

10.       That the TTC will communicate with all riders who have been determined to be ineligible using the Questionable Rider policy since January 1, 2011, to advise them of the policy and related processes and to invite them to reapply for Wheel-Trans service.

11.       That all draft protocols and documents referenced in the above recommendations be provided to my office for review prior to finalizing and publishing them.