HomeMy WebLinkAbout12. Adopt City-Wide Title VI Language Access Plannem I .
APPROVED BY
TO: HONORABLE MAYOR
_ CITY COUNCIL CITY MANAGER
FROM: OFFICE OF
SHANNON• TO THE CITY MANAGER
DATE: MAY 22, 2018
ADOPT OF
That the City Council of the City of Downey adopt the City -Wide Title Vl Language Access Plan
in compliance with Title VI of the Civil Rights Act of 1964.
•
Title VI of the Civil Rights Act of 1964 prohibits discrimination based upon race, color or national
origins. It requires that agencies receiving federal funding ensure that services are provided to
all individuals without regard to race, religion or national origin. Downey receives direct federal
funding from a variety of sources, including the Departments of Homeland Security, Housing
and Urban Development, and Justice, as well as the Institute of Museum and Library Sciences
and the Federal Highway Administration. Moreover, several state agencies from which Downey
receives funding are also recipients of federal funding, and are thereby required to ensure sub -
recipients such as Downey have a plan in place to comply with Title VI. A 2017 joint audit by the
Federal Highway Administration and California State Department of Transportation found the
City needed to expand its existing transit -specific Language Access Plan to include all city
operations, due to the breadth of federal funding received.
It should be noted that the City of Downey's values and adopted workplace policies extend
prohibition against discrimination under a variety of protected classes in addition to those listed
in Title VI. The attached proposed plan is specific to the City's policies and procedures that
ensure equitable access to all services regardless of the recipients' English proficiency.
o •,
The development of this agency -wide Language Access Plan (LAP) has included outreach to
community groups and organizations serving communities likely to have limited English
proficiency; stakeholder meetings with city departments; and input from Metro and Caltrans.
Even before the start of this process, City departments had already been using tools and
procedures that complied with federal guidelines for language access. The City-wide plan
codifies those procedures. The appendices of the plan include a discussion of specific
requirements for certain activities depending upon the federal funding received.
The City -Wide Language Access Plan includes:
- A review of predominant non-English languages spoken in the City;
- A plan for notifying the public of protections under Title VI
City of Downey Title VI Program 2018 -draft 20180411 1
CITY-WIDE
TITLE VI PROGRAM:
LANGUAGE ACCESS PLAN
May 2018
,I .
City of Downey Title VI Program 2018 -draft 20180411 1
The City of Downey is proudly committed to continuously improving the quality of life for the
Downey community by providing excellent service in a professional, ethical and responsible
manner. Downey is a place of pride, history, civic involvement and community cohesion. The
City is committed to ensuring that all citizens are provided services and opportunities to engage
in City decision-making without regard to race, color, religion, gender, age, national origin,
disability, marital status, sexual orientation, or military status. This commitment to inclusion
and service is reflected in the City's Title VI Program. As required by Federal regulations and as
set forth in Title VI of the Civil Rights Act of 1964, the City of Downey is reiterating its
commitment to fair and equitable access to the City's services, specifically:
"No person in the United States shall, on the ground of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial
assistance." (42 U.S.C. 2000d)
To ensure that all residents are given equitable access to City services and provided an
opportunity take part in planning and decision-making (and as required by law as a recipient of
federal funding), the City of Downey will ensure full compliance with Title VI of the Civil Rights
Act of 1964.
11. TITLE VI LANG UAG E ACCESS PLAN
A. Notifying Beneficiaries of Protection under Title VI
In order to comply with 49 CFR, Section 21.9(d), the City shall provide information to the public
regarding the City'sobligations under the Title VI regulations and apprise members of the
public of the protections against discrimination afforded to them by Title VI.
The City of Downey will inform members of the public of their Title VI protection in a variety of
ways, including:
• On the City's website at http://www.downeyca.org
• Posting of notices inside all Dial -A -Ride and Fixed -Route vehicles;
• Posting of notices in the public area of City Hall, the Transit Center, the Barbara J
Riley Community and Senior Center, the McCaughan Gym, the Downey City Library,
and the Downey Police Department.
City of Downey Title VI Program 2018 -draft 20180411 3
In all cases where advance notice is required, the City will make every effort to minimize the
delay and ensure the needs of the LEP individuals are met.
2. Written Translation
a. Spanish
The City will have available upon request translated versions of forms/service information
which are most commonly used or are considered "vital" under City policy (Section II, Part
C, Criteria to Identify "Vital Documents").
b. Korean
The City will begin translating forms and service brochures as requested by Korean LEP
individuals. For vital forms, the city will provide initial oral interpretation of the form or
publication and will follow with written translations if requested by the LEP individual
Untranslated vital documents will, whenever possible, carry a statement in Korean
informing LEP Korean speakers that translation into Korean is available.
c. Other languages
The City will rely on telephonic or qualified local interpretation of forms and service
information for languages other than Korean or Spanish. For vital documents, the city will
provide written translation of forms if requested by LEP individual.
C. Criteria to Identify "Vital Documents„
The City has determined that the following factors will be used to guide staff in their
classification of a document (form or information brochure/sheet) as vital. Staff will be asked to
consider that the following factors when classifying documents:
1. Forms that are re uired to be com leted before the LEP individual ma access a Cit
service for example:
• Library card applications
• Application or registration forms
• Intake forms
2. Commonly used forms or public outreach materials that seldom change and;are central :for
-
important services or that ;commonl result in fines or may have other financial impact, for
example:
Yard Sale Permits
City of Downey Title VI Program 2018 -draft 20180411 5
working directly with the network of community organizations and social services
agencies that serve Downey to reach LEP populations and to track the needs of the
communities they serve;
• ensuring public workshops, focus groups, and community meetings are held at a variety
of times and locations and that translators for Spanish and Korean are available (by
request)_ either in person or by phone;
• disseminating flyers or notices through the schools
• and distributing outreach materials.
F. Title VI Complaints
The City of Downey takes allegations of discrimination of any kind very seriously. Three specific
categories of discrimination fall under Federal Title VI regulations: discrimination on the basis of
race, color or national origin. As a recipient of Federal funding, the City is required to develop
procedures for investigating and tracking Title Vl complaints filed against the City and to make
these procedures for filing a complaint available to the general public.
With this in mind, the City has developed the following Title VI complaint procedures. Both the
complaint procedures and the complaint form will be posted in English, Spanish and Korean on
the City's website. They will also be available on the City's shared network drive for any City
staff member to print as requested.
1. City of Downey Title VI Complaint Procedures
(a) Submission of Complaint
If a'patron believes he/she has received discriminatory treatment on the basis of race, color
or national origin, including limited English proficiency, by a City of Downey staff member or
a staff member of a contract service provider (e.g. the Transit contractor), the patron will
have the right to file a complaint with the City. The complaint must be filed within 180
calendar days of the alleged incident. Title VI complaint procedures will be available in
English, Spanish and Korean.
(b) Investigation of Complaints
Once filed, the City's Human Resources Division, or its designee, will investigate the
complaint. The investigation may include discussion(s) of the complaint with all affected
parties, including witnesses, to determine relevant facts in the matter.
The City will only investigate complete complaints. if the City requires more information to
initiate the investigation, the City may contact the complainant to request more
information. The complainant has 10 business days from the date of the City's request to
provide requested information to the investigator or request more time to gather the
information. If the complainant does not respond to the request within 10 business days,
the City may administratively close the complaint. A reasonable extension may be provided
City of Downey Title VI Program 2018 - draft 20180411 7
Washington, DC 20528. Telephone: 866-644-8360, Toll Free TTY: 866-644=8361,
Fax: 202-401-4708. E-mail: crcl@dhs.gov.
2. Ensuring Eas Access to Cora laint Form and Procedures
The City has developed a Title VI Complaint Form to document all complaints received by
City and/or contractor staff (Attachment #2). This form is available in English, Spanish and
Korean on the City's website and from any staff member from the City's shared network
folder. The form will also be available via email or US mailed for free upon request.
3. Trackipg,and,-Recording Title VI Investigations, Complaints, and Lawsuits.
The City will maintain a list of all Title VI investigations, complaints, or lawsuits that pertain
to allegations of discrimination on the basis of race, color, and/or national origin in City
activities and programs. The list will include shall include:
• The date that the investigation, lawsuit, or complaint was filed,
• A summary of the allegations(s),
• The status of the investigation, lawsuit, or complaint, and
• Actions taken by the City in response, or final findings related to the investigation,
lawsuit, or complaint.
The list will be maintained by the Human Resources office and an updated copy provided to
the City Manager's office on a periodic basis.
G. Staff Training
The City will take steps to ensure that all staff and Department Heads — not just those from
"front desk" programs— are aware not only of the importance of serving LEP individuals, but
also the various methods available to serve the LEP population.
In April 2018 all Department Heads will receive training on Title VI and the City's Title VI
Language Access Plan. At that time, Department Heads will receive training materials to train
their staff on their department's specific procedures. Training will include:
• types of language services available;
• how staff can obtain those services;
• how to respond to LEP callers and visitors;
how to handle written communications from LEP persons; and,
how to determine which translation avenue is more appropriate based on complexity and
importance of the subject being translated or because a potential conflict of interest
exists.
City of Downey Title V1 Program 2018 - draft 20180411 9
APPENDIX 1
AGENCY SPECIFIC REQUIREMENTS
FEDERAL TRANSIT ADMINISTRATION (FTA)
City of Downey Title VI Program 2018 -draft 20180411 11
These workshops will be held in buildings that meet Americans with Disability Act
requirements for accessibility and at various times of the day and week to ensure that all
community stakeholders are part of the decision-making process. When possible, bilingual
Spanish -English staff will attend the event to facilitate participation by limited -English
Spanish-speaking residents. Special effort will be made to hold workshops in at least one
location (e.g. a church) that directly serves the Korean population in Downey. It expected
that staff from the community organization will be able to serve as translators for any LEP
individuals who attend these meetings.
Participation in Community Events
The City participates in community events in order to promote its transit services. These
activities include functions where a broad cross-section of the community can access
available transit information, including schedules, brochures and fliers.
B. Substantial Services Changes
When the City is proposing a material change to the transportation services (including such
changes as permanent route adjustments, fare` increases, or substantial service
modifications), staff will inform the public of the proposed changes with a minimum of 30
days and up to four -months -notice, depending on the level of service change. Downey will
allow the public to comment on proposed changes during said period and during the
scheduled public hearing with the City: Council.
The City will continue its current notification outreach efforts, specifically in the four
months prior to any fare or substantial service changes to the transit programs, the City will
continue to:
• Post English and Spanish notices on all vehicles for the impacted service
• Hand out notices to all riders (bilingual Spanish/English)
• Mail notices to the community outreach mailing list
• Place ads in the Downey Patriot
• Post notices at the Transit Station
Whenever possible, when staff prepares a document or schedules a meeting for which the
target audience is.expected °to include LEP individuals, the meeting notices, flyers, and
agendas may be madeavailablein Spanish (based on available resources). Every effort will
be made to have Spanish and, upon request, Korean interpreters available as well for
meetings that invite public comment on Transit issues.
C. Assurances
The City of Downey and its transit provider will ensure that no person; on the grounds of
race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, will be
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination in the use of the City's transportation services (both contracted and
otherwise). Further, the City will notify the public of protections against discrimination
afforded them by Title VI Regulations and will take preventive corrective and disciplinary
City of Downey Title VI Program 2018 -draft 20180411 13
DowneyLlNK is currently operated by MV Transportation.
A. Service Standards
1. Vehicle Load for DowneyLlNK
Vehicle load is expressed as the ratio of passengers to the total number of seats on a
vehicle. Based on vehicle characteristics, the City has established a maximum load factor
of 1.25 to ensure the comfort and safety of passengers.
2. Vehicle Headway for DowneyLlNK
DowneyLlNK operates four buses on each route during the normal weekday service. A
fifth"express" bus is added to the schedule at peak times. For the convenience of
DowneyLlNK patrons, the City has established standards to maintain uniform headways
of 45 minutes.
3. On -Time Performance
Among the most important service standard for customers is on-time performance or
adherence to the published schedules.
Definition of "On Time" Performance. The City considers any run that is between 0-5
minutes after the scheduled departure time to be "on time."
Early Departure. No bus shall depart a designated time point early.
Schedule Reliability. The contract with MV Transportation identifies the acceptable `on-
time performance as 90% of bus departures.
4. Service Availability
The DowneyLlNK service comprises four one -directional loops that intersect with each
other as well as with other fixed service providers (including the Metro Green Line and
MTA buses). The four routes total 104 stops, some of which are used by more than one
line. The average distance between stops is approximately % mile. Stops are distributed
with the goal of ensuring that all Downey residents are within one mile (as measured by
available walking paths, not straight line) of a stop. The majority of residences are within
mile of a stop.
DowneyLlNK stops are distributed across the city and provide access to major medical
centers, social services, schools, cultural/historic sites and major transit corridors.
DowneyLlNK also provides convenient access to the Metro Greenline station to
encourage and support SCAQMD trip reduction efforts. All loops begin and end at the
Downey Depot which is located in the heart of the city and a short walk from City
offices. Nearly all primary and secondary schools, all hospitals, and all community/senior
centers are located on — or within a short walk— of a DowneyLlNK stop. Transfers
between DowneyLlNK routes are free.
City of Downey Title VI Program 2018 - draft 20180411 15
individuals with limited English language skills. The plan has been prepared in accordance with
Title VI of the Civil Rights Act of 1964 and Federal Transit Circular 4702.113, which state that no
person shall be subjected to discrimination on the basis of color, race, and national origin. In
addition, Executive Order 13166, titled "Improving Access to Services for Persons with Limited
English Proficiency", indicated that differing treatment based upon a person's inability to speak,
read, write or understand English is a form of national origin discrimination. It directs each
federal agency to publish guidance for its respective recipients clarifying their obligation to
ensure that such discrimination does not take place. This order applies to all State and local
agencies that receive federal funds.
A. Background
The City of Downey's Transit Service staff oversee DowneyLINK (the fixed -route service
operated by contract provider MV Transportation) and Dial -A- Ride. The Downey City
Council is the policymaking body of the system. The Council makes decisions based on
advice received from the public, the City's departments, advisory boards and commissions.
Transit services in the City of Downey consist of a fixed -route service (DowneyLINK) and a
demand -responsive Dial -A -Ride service. The City of Downey's Transit Services has
developed this Language Assistance Plan to help identify reasonable steps for providing
language assistance to persons with limited English proficiency that wish to access these
transportation services. As defined by Executive Order 13166, LEP persons are those who do
not speak English as their primary language and understand English "less than very well."
This plan outlines ways to identify a person who may need language assistance, the ways in
which assistance may be provided, and how to notify LEP persons that assistance is
available. In order to prepare this plan, City of Downey Transit Services staff performed the
U.S. Department of Transportation' s four -factor LEP analysis, which considers the following
factors:
1. - The number or proportion of LEP persons in the service area who may be served or
are likely to encounter the City of Downey's transportation programs, activities, or
services.
2. The frequency with which LEP persons come in contact with City of Downey
transportation programs, activities, or services.
3. The nature and importance of programs, activities or services provided by the City of
Downey transportation services to the LEP population.
4. Resources available to the City of Downey Transit Services staff and overall cost to
provide LEP assistance.
B. Summary: Four -Factor Analysis
Factor 1: The number or proportion of LEP persons in the service area who may be served
or are likely to encounter transportation services, programs, or activities that are offered
r-TWIT-TWITT-TA-DWITI M_
City of Downey Title VI Program 2018 -draft 20180411 17
Factor 4: The resources available to City of Downey's Transit Services staff and Overall cost
to provide LEP assistance.
A significant number of City staff are bilingual English/Spanish and provide a critical
resource for serving LEP Spanish speakers. In addition, MV Transportation (the fixed -route
contract provider) commonly serves Spanish-speaking clients in Downey and the
surrounding Los Angeles area cities. Providing a bilingual interpreter at public hearings,
transit focus groups, etc. might require a small amount of additional staff time. There are
also a number of organizations and nonprofits in Downey that provide services in English
and Spanish who could also assist with outreach and service access.
The resources to provide additional LEP assistance for Korean speakers are significantlyless.
We have been unable to identify any Korean assistance or social organizations in Downey.
The closest Korean Social Service organization is in Buena Park. We have been able to
identify two Korean churches or religious services. This seems to indicate that the Korean
community's focus for social and cultural activities is outside of Downey (possibly in cities
like La Mirada or La Habra which have much larger Korean populations). As a result, it is
expected that any translation activities will be through a private fee-for-service
organization. Phone interpretation prices are expected to be $4 per minute. Translation of
written materials will depend on the final word count of each piece; an estimated price is
$0.12 per word.
Based on the four -factor analysis, the City of Downey developed its Language Assistance
Plan as outlined in the following section.
C. Language Assistance Plan
Identification of LEP Population -
Downey Transit Services has developed several possible ways to assist in identifying LEP
populations within the City, including:
1. Examine records to see if requests for language assistance have been received in the
past, either at meetings or over the phone, to determine whether language assistance
might be needed at future events or meetings.
2. Conduct annual Transit staff surveys to track LEP issues and needs.
3. Network with local nonprofit and social service agencies to assist in identifying LEP
groups and individuals most in need of LEP assistance and to further facilitate
dissemination of information about the City's transit services and programs. For
example, staff have identified more than a dozen churches that provide services in
Spanish. Staff have also found churches that offer services and ministries for Korean,
Armenian, Eritrean, Greek, Indonesian, and Arabic speakers. Other public and nonprofit
City of Downey Title VI Program 2018 -draft 20180411 19
• Notices of substantial service changes, including fare increases and permanent route
changes, will be posted in English and Spanish (on the schedule and in the locations
indicated in the "Public Participation" section) and mailed to all identified
community networking organizations (e.g. churches) who serve other LEP
populations. Public hearings before the City Council will include bilingual
Spanish/English staff who can provide translation services for individuals wishing to
comment. City will also make every effort to have Korean translators available if
requested.
• Annual survey of bus operators and other frontline staff, like dispatchers and Dial -A-
Ride schedulers, on their experience concerning any contacts with LEP persons
during the previous year, to see if additional language assistance measures are
needed.
• Posting of the City of Downey's Title VI Policy and Language Assistance Plan on the
City's website www.downeyca.org.
E. Safe Harbor Provision
The FTA Circular 4702.113 states, "DOT has adopted DOT's Safe Harbor Provision, which
outlines circumstances that can provide a "safe harbor" for recipients regarding translation
of written materials for LEP populations. The Safe Harbor Provision stipulates that, if a
recipient provides written translation of vital documents for each eligible LEP language
group that constitutes five percent (5%) or 1,000 persons, whichever is less, of the total
population of persons eligible to be served or likely to be affected or encountered, then such
action will be considered strong evidence of compliance with the recipient's written
translation obligations. Translation of non -vital documents, if needed, can be provided
orally. If there are fewer than 50 persons in a language group that reaches the five percent
(596) trigger, the recipient is not required to translate vital written materials but should
provide written notice in the primary language of the LEP language group of the right to
receive competent oral interpretation of those written materials, free of cost.
These safe harbor provisions apply to the translation of written documents only. They do not
affect the requirement to provide meaningful access to LEP individuals through competent
oral interpreters where oral language services are needed and are reasonable. -A recipient
may determine, based on the four Factor Analysis, that even though a language group
meets the threshold specified by the Safe Harbor Provisions, written translation may not be
an effective means to provide language assistance measures. For example, a recipient may
determine that a large number of persons in that language group have low literacy skills in
their native language and therefore require oral interpretation. In such cases, background
documentation regarding the determination shall be provided to FTA in the Title Vl
Program."
Although City of Downey strives to adhere to the Safe Harbor Provision, the City's
transportation department operates from a limited budget, thus making it financially
prohibitive to translate all vital documents into every language that constitutes the lesser of
5% or 1,000 persons of the total population of persons eligible to be served or likely to
APPENDIX
City of Downey Title VI Program 2018 - draft 20180411 21
AGENCY SPECIFIC REQUIREMENTS
DEPARTMENT OF HOMELAND SECURITY
City of Downey Title V( Program 2018 - draft 20180411 23
D. DHS -related Complaints
In addition to the city-wide Title VI complaint procedures outlined in section 11 F, complaints
alleging that the City has failed to provide meaningful access to programs and services for
LEP persons may also be sent to the DHS CRCL in any language to:
By Mail:
Department of Homeland Security,
Office for Civil Rights and Civil Liberties, Review and Compliance
245 Murray Lane, SW., Building 410
Mail Stop #0190
Washington, DC 20528.
Telephone/Fax:
Local: 202-401-1474, Toll Free: 1-866-644-8360,
Local TTY: 202-401-0470, Toll Free TTY: 1-866-644-8361,
Fax: 202-401-4708.
E-mail Address:
crcl@dhs.gov.
City of Downey Title VI Program 2018 - draft 20180411 25
l • •
The Downey Police Department is committed to protecting the lives, property and rights of all
community members — regardless of language abilities.
A. Law Enforcement Continuum
Downey Police Department has policies and procedures to serve LEP individuals at every
step of the Law Enforcement Continuum.
1. Receiving and Responding to Requests for Assistance
• Downey Police Dispatch (911 and non -emergency calls) have access to telephonic
interpretation at all times. In addition, Spanish language experience is "strongly
preferred in the hiring of dispatchers.
• For urgent calls from LEP speakers, bi-lingual officers (if on duty) are cleared to
respond immediately.
• For non -urgent LEP calls or calls where bi-lingual officers are not on duty, all officers
carry a wallet card which bears the telephonic translation number and passcode.
2. Enforcement Stops Short of Arrest and Field Investigations
For enforcement stops, Downey PD applies the same policies as described above for
responding officers.
-3. Custodial Interrogations
In addition to bilingual officers and telephonic interpretation services, Downey PD
regularly calls on neighboring police agencies to provide bilingual officers.
4. Intake/Detention
Downey operates only a temporary holding facility. The same interpretation resources
will be used to provide appropriate explanations and elicit necessary information.
B. Selection of Oral Interpreters
Downey Police Department currently offers the opportunity for officers and staff to take
bilingual certification tests in Spanish and several other languages. For steps 1 and 2 on the
Law Enforcement Continuum, the preferred procedure is to have bilingual officers or PD
staff (depending on situation) respond to the call.
For languages for which no staff/officer are certified, officers are trained to judge whether a
family/friend may act as oral interpreter. The officers take into account several factors,
including possible conflicts of interest, the subject matter (particularly when a minor is
functioning as interpreter), and the severity of the issue. if there is any question of the
appropriateness of using informal interpreters, officers are instructed to call the
professional telephonic interpretation service.
City of Downey Title VI Program 2018 draft 20180411 27
INSTITUTE Q 7:1
AND LIBRARY SERVICES (IMLS)
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
r ir. rar ii r r�
AGENCY SPECIFIC REQUIREMENTS
kBAN DEVELOPMENT (�VD
City of Downey Title VI Program 2018 - draft 20180411 31
ATTACH M ENT #1
- ------------------------- -- . .....
City of Downey Title VI Program 2018 - draft 20180411 33
Explain as clearly and completely as possible what happened and why you believe you (or another)
were discriminated against. Describe all persons who were involved. Include the name and contact
information of the person(s) who discriminated against you (if known) as well as names and contact
information of any witnesses. If more space is needed, please attach additional sheets.
Section IV:
Have you previouslyfiled a Title VI complaint with this agency? E] Yes ❑ No
Section V:
Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or
State court? E]Yes ❑ No
If yes, check all that apply and list the agency's name:
❑ Federal Agency
Federal Court
❑ Local Agency
❑ State Agency
Ej State Court
❑ Other
Please provide information for the contact person at the agency/court(s) where the complaint was
filed. (Please attach additional sheets if more than one agency/court.)
Name:
Title:
Agency:
Address:
Telephone:
Please attach any written materials or other information that you think is relevant to your complaint.
Signature and date are required.
Signature Date
Please submit this form in person at the address below, or mail this form to:
Director, Downey Human Resources Department
11111 Brookshire Ave.
Downey, CA 90241
(562) 904-7292
City of Downey Title VI Program 2018 - draft 20180411 35
• i•
Tracking Title VI Investigations, Complaints and Lawsuits
'nvesz'ga'vns
Date Type of Alleged Name of Target of _Status Resolution/Action Taken -
Investigation Discrimination Alleged Discrimination `
Commenced