HomeMy WebLinkAbout15. Approve and Adopt Updated Citywide Language Access Plan & City Title VI Prog-TransitAPPROVtD 131
TO' i r MEMBERS OF i
OFFICE OF
BY: VANIAH DE • TO THE CITY MANAGER
DATE- 1
ADOPT THE UPDATED CITYWIDE LANGUAGE ACCESS PLAN AND CITY TITL
PROGRAM
RECOMMENDATION
That the City Council approve and adopt the updated Citywide Language Access Plan and the
City of Downey Title VI Program -Transit.
BACKGROUND
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,
Federal Transit Administration (FTA), and the Federal Highway Administration. Moreover,
several state and local 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.
While most federal agencies issue little guidance beyond allowing recipients to devise a plan
that fits the organization's programs, community and budget, the FTA requires that all direct and
primary recipients document their compliance with the Department of Transportation's Title VI
regulations by submitting a Title VI Program -Transit to a FTA regional civil rights officer once
every three years or as otherwise directed.
The City's Title VI Program Transit is due for its three update this month, May 2019. Since
January 2019, City staff has worked with a consultant to review its current language access plan
efforts related to transit and also conducted a survey of transit staff regarding their interactions
with limited English proficiency communities.
Based on this review, the attached Title VI Program — Transit (Attachment B) was updated to
comply with the three year update requirement and includes the required program content per
the FTA.
Additionally, as part of the Title VI Program— Transit update process, City staff also made minor
modifications to the Citywide Language Access Plan that was adopted in May 2018. These
minor changes include formatting, and removing of unnecessary dates and outdated information
(Attachment A).
ADOPT THE UPDATED CITYWIDE LANGUAGE ACCESS PLAN AND CITY TITLE VI
PROGRAM - TRANIST
MAY 28, 2019
PAGE 2
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 and other nondiscrimination statues as noted in the attached Language Access
Plan.
There is no fiscal impact to adopting the Citywide Language Access Plan and Title VI Program
Transit. However, there will be expenses associated with the provision of translation and
interpreting services as required by federal law.
Quality of Life, Safety and Infrastructure
Public Engagement
ATTACHMENTS
Attachment —Citywide Language Access Plan
Attachment B — Title VI Program - Transit
ATTACHMENT A
DOWNEY CITY-WIDE TITLE VI PROGRAM
I. Introduction........ .................. ...... - ....., ......... ......... ......... .......... ......;
II. Title VI Language Access Plan (LAP) ...:........... ........:. . ......::.......:. ,......;; ...,..... ......... .... 1
A. Notifying Beneficiaries of Protection under Title VI ......... ............ .............:... ........ ....... ....... 1
B. Language Services/Resources Available for Staff to Provide Access for LEP Individuals ...... . .....:. 2
1. Oral Interpretation
2. Written Translations
C. Criteria to Identify „Vital Documents...... ......... ................ : .....,r;, ... ,.ro.: ,... .., .,...;...,...... 3
D. Policy on Use of Family and/or Friends for Oral Interpretation—.... ..: .......:. ........4 ,....,.. ......... 4
E. Proactive Outreach to LEP Individuals ...................................... ........ ........: ......::. .,..,,;:: ......... 4
F. Title VI Complaint Procedures and Complaint Form,.... ...._..., ..-..... ......... ......... ......... .........4
G. Staff Training............................................................................. ......... .......................................... 7
III. Attachments
Attachment 1: Title VI Complaint Form .. ....... .. ..... _.—... ; ._........ , ...... ....... ......... .......,.,g
Attachment 2`. Title VI Complaint Log .................. .......r: ..,...........,... ....,.....................11:
IV. Appendices: Federal Agency -specific Requirements
Appendix 1: Department of Homeland Security. ......... ......... ......... .................. 14
Appendix Department of Justice ............................................... ........, ...........................17
Appendix 3: Institute of Museum and Library Services (IMLS), National Foundation on the Arts and
theHumanities........................................................................................................................... 20
Appendix 4: Housing and Urban Development... ......... .................. ......... ......... ..................22
Appendix 5: Federal Transit Administration................................................................................... 24
Downey City -Wide Language Access Plan rev. May 2019 1
I. INTRODUCTION
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 this Citywide Language Access Plan (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. 20004)
Though this Language Access Plan addresses Title VI requirements, Downey is nonetheless
committed to regulatory requirements other nondiscrimination statutes that afford legal
protection, including: Section 162 (a) of the Federal -Aid Highway Act of 1973 (23 LISC_324) (sex),
Age Discrimination Act of 1975 (age), and Section 504 of the Rehabilitation Act of 1973/Americans
with Disabilities Act of 1990 (disability).
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
and other nondiscrimination statues. Additionally, the City-wide Title VI complaint form includes
an area to report any form of discrimination.
This Citywide Language Access Plan was updated in conformance with Title VI and other non-
discrimination statues that afford legal protection (May 8, 2018 and May 28, 2019).
II. TITLE _VI CITYWIDE LANGUAGE 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's obligations 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.
Downey City -Wide Language Access Plan rev. May 2019 2
B. Language Services/Resources Available for Staff to Provide Access for LEP Individuals
The City has developed several resources which will be available for staff to provide free and
appropriate translations or interpretation. These resources include:
1. Oral Interpretation
a. Oral Interpretation Resources
The City has various resources to provide oral interpretation. These resources cover a
range of interpretive needs, from technical language to simple communications such as
requests for forms, completion of simple applications, and providing directions or
answering general questions.
These resources currently include
• Spanish-speaking staff members who have been tested and receive bi-lingual pay;
• Contracted telephonic interpretation e.g. Language Line for Spanish or other
languages;
• On-call consultant resources for in-person and written translation
• Connections with community organizations serving the specific LEP population;
• Staff members who speak a language in addition to English and have not been
tested *;
• Bi -lingual volunteers, including volunteers from Fire and Police Explorers, Friends of
the Library, Columbia Memorial Space Center volunteers, and ASPIRE after school
program volunteers*; and
• Use of Google Translate via computer, tablet or cell phone*
* these resources will be used primarily for simple form completion, outreach events,
and basic service inquiries such as office hours or directions
b. Timing of Interpretation
On -Demand Oral Interpretation. Generally, interpretation will be available "on demand
for standard inquiries about City services, codes and permits, police activities and
enforcement, and administrative procedures, including assistance in completing forms
which are not available in the LEP individual's language.
Advance Notice Oral Interpretation. On occasion, prior notice of the need for oral
interpretation will be required. Generally, this will occur when City procedures or the
technical nature of the translation requires special arrangements, including:
• Oral interpretation of public comment at City Council, Committee or other
government meetings will require 48 hours advance notice (as will be stated on the
public notices).
• Oral interpretation of services with technical language (e.g. building and safety) may
require advance notice to identify interpreters with the relevant knowledge.
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 Translations
a. Spanish
Downey City -Wide Language Access Plan rev. May 2019 3
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 required to be completed before the LEP individual may access a City 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 commonly result in fines or may have other financial impact, for
example:
• Yard Sale Permits
3. Mechanisms by which the public participates in City governance and planning, for example:
• Service surveys/feedback forms
•< Notices of public briefings or focus groups
4. Service announcements and materials that serve as the principal outreach mechanism.
Since "lack of awareness that a particular program, right, or service exists may effectively
deny LEP persons meaningful access," staff will regularly assess the needs of the populations
frequently encountered or affected by the program or activity to determine whether certain
outreach materials should be translated. Note that budget considerations and/or outreach
methods may require that the format of the translated text may be different from the
English version.
Downey City -Wide Language Access Plan rev. May 2019 4
t ' r • r1111,11111111 1r • • • • • •
Surveys of staff and managers in the City of Downey have demonstrated that it is most common
for LEP individuals to bring an English -proficient friend or family member when accessing City
services. The City respects the LEP individual's right to_select their own interpreters. However, the
City also recognizes its responsibility to ensure that LEP individuals make an informed choice.
Therefore, a notice in English, Spanish, and Korean will be posted at public counters and public
information boards informing LEP individuals that certified interpretation services are available at
no cost to the LEP individual.
Further, in some situations staff may determine that a friend/family interpreter may not be
appropriate, including situations where:
• the language is too technical and/or requires specialized understanding
• the translator may have a conflict of interest (generally legal matters); or,
• the subject matter is inappropriate or too advanced for use of a minor child (e.g. code
enforcement, domestic violence).
In these instances, staff will be instructed that, whenever possible, they should call a certified staff
translator or a telephonic translator to help ensure the LEP individual understands their right to a
free translator.
E. Proactive Outreach to LEP Individuals
The City of Downey is committed to facilitating and encouraging participation by all Downey
residents in civic planning and services. Downey has used — and will continue to use —a number of
avenues to reach the greatest number of residents. These activities include, but are not limited to:
• 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 VI 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. This procedure is the same for other nondiscrimination statues
complaints (except for ADA complaints as the City has developed a separate ADA Complaint and
Grievance Procedure.)
Downey City -Wide Language Access Plan rev. May 2019 5
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, religion, gender, age, national origin, disability (handled by a separate process),
marital status, sexual orientation, or military status, 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 by the City's investigator, but the 10 business days' time period remains in place
from the date of extension. The City may also close the complaint if the complainant no
longer wishes to pursue their complaint.
The City will commence an investigation within 10 business days of receipt of the
complaint.
(c) Resolution of Case
After the investigation of the complaint is completed, the City will issue one of two
letters to the complainant: a closure letter or a Letter of Finding (LOF). A closure letter
summarizes the allegations, states that there was no finding of a Title VI violation, and
that the case will be closed. An LOF summarizes the allegations and the factual findings of
the investigation and provides that appropriate responsive action will be taken, including
discipline or additional training of the staff member, contract staff, etc.
(d) Request for Reconsideration
The Letter of Finding will also notify the complainant of his/her right to submit a request
for reconsideration regarding the results of the investigation. If the complainant
disagrees with the City's findings, the complainant may request reconsideration by
submitting a written request to the City's Human Resources Division within 10 business
days of receipt of the City's response. The complainant shall provide a detailed
description of the request for consideration. The City will notify the complainant of its
decision either to accept or reject the request for reconsideration within 10 business
days. If the City agrees to reconsider the matter, the complaint shall be returned to the
investigator for re-evaluation in accordance with the "Investigation of Complaint"
Downey City -Wide Language Access Plan rev. May 2019 6
procedures described above.
(e) Appeal Process
If the request for reconsideration is denied, the complainant may appeal that decision by
submitting a written request to the City Manager for final determination.
(f) Submission of Complaint to the Federal Department
Complainant may, at any time, submit the complaint directlyto the relevant Federal
Department for investigation, including:
• U.S. De artrnent' of Transportation, Federal Transit Administration Office of Civil
Rights, Region IX, 201 Mission St., Suite 1650, San Francisco, California 94105-1839.
(In accordance with Chapter 9, Complaints, of FTA Circular 4702.16, such a complaint
must be filed within 180 calendar days of the date of the alleged discrimination.
• US. Department of Transportation, Federal Highway Administration; Office of Civil
Rights, 1200 New Jersey Avenue, SE, 8th Floor E81-105, Washington, DC 20590.
(202)366-0693, FHWA.TitleVlcomplaints@dot.gov
• U,S._,Department of Housing and Urban Development One Sansome Street, Suite
1200, San Francisco, CA 94104, (415) 489-6400
• U.S, Department of Justices 950 Pennsylvania Avenue, NW, Washington, DC 20530-
0001. (202) 514=2000
• USDepartmentof Homeland Security, Office for Civil Rights and Clival Liberties,
Review and Compliance, 245 Murray Lane, SW., Building 410, Mail Stop
#0190,Washington, DC 20528. (866) 644-8360, Toll Free TTY: (866)644-8361, Fax:
(202) 401-4708, crcl@dhs.gov.
2. Ensuring Easy Access to Complaint Form and Procedures
The City hasdevelopeda 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.
The City will maintain a list of all Title VI and of other nondiscrimination statues
investigations, complaints, or lawsuits that pertain to allegations of discrimination on the
basis of race, color, religion, gender, age, national origin, disability, marital status, sexual
orientation, or military status 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.
Downey City -Wide Language Access Plan rev. May 2019 7
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.
At least annually, Title VI and the City's Title VI Language Access Plan will be an agenda item at a
weekly Department Head meeting. At that time, Department Heads will receive training on the
requirements of the City's Title VI plan. 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.
Title VI guidelines and information will be given to all new hires - whether full time or part time
as part of their regular new hire orientation. This information will include information on Title VI
requirements as well as instructions on what to do if they encounter an LEP individual.
Similarly, managers are required to ensure that volunteers are trained in the requirements of Title
VI and how to respond to LEP callers and visitors.
i . . 0 4 1 1 0 i• .
ATTACHMENT
Ti!L� V I CO M P LA INT F-0 RM
Downey City -Wide Language Access Plan rev. May 2019 9
Downey City -Wide Language Access Plan rev. May 2019 10
[a City -Al Downey
ritle V1 Complaint Form
As set forth in Title VI of the Civil Rights Act of 1964:
"Moperson in the United'Statesshod, on the groundqftorecobr, ornotfono; origin, be
urwe�rony program oractivity recef vfng (42 US, C 2000cf)
Seaka 1:
Na m e-
Address -
Telephone (Home): Telephone (Cell)
Em a i I Address -
Section U:
Are Vou fi I ing, this com pi ai nt on yourovi n beha If ? El yes 0 No
If you an—swered "Yes,,"gotoSection III
If you a nswered wNo"':
Please supplythe name and relationshipof
the person for w hom Vou a re fi I i ng this form:
Expl a i n w hyVou have fi it for
a third party-
Hyou obta i ned the perm iss I onof the aggrieved party? Yes No
Sectkm M:
I believe the;discrimination experienced was based on (check all that apply):
0 R ace El color El National Origin El Other*
Date of Afteged Di5crimination (Month, Day, Year) -
(continued on back)
Downey City -Wide Language Access Plan rev. May 2019 12
Explain as clearly and completely as possible What happened • why you believe you (or another)
were discriminated against. Describe all persons who were involved. Include the name and contact
information of the r' •; who discriminated against you (if known) as well as names and •
information • any witnesses. If more •. is needed, • attach additional sheets.
Section IV:
Have you previously filed a Title VI complaint with this agency? ❑ Yes ❑ No
Section V:
Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or
State court? ❑ Yes ❑ No I
If yes, check all that apply and listthe agency's name:
❑ Federal Agency ❑ State Agency
❑ Federal Court ❑ State Court
❑ Local Agency ❑ 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 90242
(562) 904-7292
Downey City -Wide Language Access Plan rev. May 1019 13
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The City-wide Language Access Plan applies equally to all City departments and programs. In
addition, some federal funding sources have specific rules or address specific programs. The
following appendices are intended to address agency -specific requirements or federal agency
guidance(s) that impact selected programs or departments.
Downey City -Wide Language Access Plan rev. May 2019 16
APPENDIX #1
Downey City -Wide Language Access Plan rev. May 2019 17
r., '• r •.
The US Department of Homeland Security providesadditionaloversite of civic Police and Fire
departments. For police, the DHS guidance mirrors that of the US DOJ. Therefore_ discussion of
special Title VI policies and procedures for the Downey Police Department are addressed in
Appendix 3 (US Department of Justice section).
II. Downey Fire Department
A. Fire Dispatch
Through a contract provided by the California Office of Emergency Services, the dispatchers in
the Joint Communication Center which dispatches for Downey Fire have access to telephone
translation for any LEP calls. Dispatchers are trained to connect with and work through the
telephonic service.
B. Emergency Medical Services
EMS staff carry tablets in their emergency vehicles and have installed Google Translate to assist
in emergency situations. Through a City contract, staff also have access the same telephone
translation service used in the dispatch center.
C. Community Outreach and Involvement
Downey Fire Department is committed to ensuring LEP communities have access to the
information needed to practice fire safety, including:
1. Outreach Materials
Whenever possible, Downey Fire will provide public outreach and education materials in both
Spanish and English. For general education materials (e.g. smoke alarm maintenance), the
department might use existing translated materials from other Fire organizations such as LA
County Fire, the National Fire Prevention Association, etc.
2. Explorer Recruitment
To encourage participation by bilingual individuals, Explorer outreach materials will be
included in packages sent to community outreach partners. (Because English proficiency is
required for the program, materials will be sent in English only.)
3. Community Emergency Response Team (CERT)
To encourage participation by bilingual individuals, CERT outreach materials will be included
in packages sent to community outreach partners. In addition, Downey will work with Area E
Regional CERT to find ways to recruit and train bilingual CERT trainees with an emphasis on
Spanish -speakers.
D. DHS -related Complaints
In addition to the city-wide Title VI complaint procedures outlined in section II F complaints
alleging that the City has failed to provide meaningful access to programsandservices for LEP
Downey City -Wide Language Access Plan rev. May 2019 18
persons may also be sent to the DHS CRCL in any language to:
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.
Downey City -Wide Language Access Plan rev. May 2019 19
ApPENDi,,X-#2
Downey City -Wide Language Access Plan rev. May 2019 20
�. �. ..Eq 111:4 11
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 ArrestandField 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.
Downey Police Departmentcurrentlyoffers 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.
C. Community Outreach and Involvement
The Downey Police Department recognizes the importance of outreach to the LEP community. -
It is a priority of the PD to not only recruit bilingual officers, but also key staff who can assist
with outreach and coordination with LEP populations.
Downey City -Wide Language Access Flan rev. May 2019 ,21
1. Explorer Program
To encourageparticipationby bilingual individuals, Explorer outreach materials will be
included in packagessentto community outreach partners. (Because English proficiency
is required for the program, materials will be sent in English only.)
2. Neighborhood Watch
The department's current Neighborhood Watch Coordinator is bi-lingual in Spanish and
English. The department is currently working on translating its Neighborhood Watch
handouts to Spanish. If questions do arise in a language other than English and there are
no on -duty personnel available to provide translation, the telephonic translator service is
used.
Downey City -Wide Language Access Plan rev. May 2019 , 22
APPENDIX#3
!NSTITUTE OF MUSEUM
AND LIBRARY SERVICES (IM LS)
Downey City -Wide Language Access Plan rev. May 2019 23
The Downey Library has in place a number of services and resources for LEP individuals.
A. Vital Documents
As indicated in the City-wide Language Access Plan, documents that provide access to
Library services will be translated into Spanish (or Korean upon request). Specifically:
• Library Card Application
• Library Brochure/Description of Services, including;
• Children's program fliers
• Adult literacy program
• Online Library catalog
• Computer lab and WiFi information
• Listing of Computer classes
B. Collections/Holdings
The Downey Library has existing Spanish and Korean language collections. Signs in Korean
and Spanish provide clear visual indication that these holdings are available.
C. Volunteer Recruitment
To encourage participation by bilingual individuals, information on Library volunteer
opportunities will be included in materials circulated to community partners.
To encourage participation by bilingual individuals, information on docents and museum
volunteer opportunities will be included in materials circulated to community partners.
B. Exhibit Translation
The City will explore ways to work with community partners to translate the exhibit
information for permanent exhibits into Spanish.
Downey City -Wide Language Access Plan rev. May 2019 24
Downey City -Wide Language Access Plan rev. May 2019 25
As required by (24 CFR 91, Subpart B, "Citizen Participation and Consultation"), the following steps
will be taken to ensure LEP individuals are able to fully participate in planning.
1. Community Meetings
In order to encourage the greatest possible participation of all elements of the community
— including LEP individuals — the Community Development Department offers community
meetings at various times and locations. Announcements of these meetings will be posted
in English and Spanish (with the key information translated into Korea, including meeting
title, date and location and how to request a full translation). Notices will carry a
statement that telephonic interpretation is available upon request and with advance
notice.
2. Draft and Final Plans
Any _drafts _and final plans which are made available to the public will be translated into
Spanish and posted on the City websiteandcirculated to community partners and any
resident who requests to receive the draft and final plan.
IL Affirmative Outreach
The Community Development Department will pursue`a range of outreach avenues to`reach 'those
LEP individuals who are least likely to apply. These methods include:
• providing assistance with translations and community access (as requested) to
nonprofits who build and manage low-income housing in Downey;
• postings on the City website and social media;
• posting bilingual outreach materials in City buildings; and,
• circulating outreach materials about services, programs and community
meetings to the City's community network. The community network comprises
those local organizations that are most likely to provide services for low income
and/or LAP individuals (e.g. churches, food banks, school district, adult school, -
etc. )
Downey City -Wide Language Access Plan rev. May 2019- 26
APPENDIX #5
FEDERAL TRANSIT ADMINISTRATION (FTA)
Note
The FTA has specific requirements for a Title VI plan for the City's Transit Services. An updated
Title Vl Plan must be submitted every three years and must include a report on outreach efforts,
city demographics, Transit system standards, and other Transit -specific requirements. The
following pages represent the full submission for FTA and will include information already
contained in the policies and procedures above.
Revised May 2019
■
DOWNEY TRANSIT SERVICES TITLE VI PROGRAM
L Introduction ....... .......... ............... ..:: ...
II. Title VI Requirements
A. Requirement to Notify Beneficiaries of Protection under Title V1 .............................1
B. Requirement to Develop Title VI Complaint Procedures and Complaint Form ...........2
C. Requirement to Record and Report Transit -Related Title VI Investigations,
Complaints, and Lawsuits ............................. 2
D. Promoting Inclusive Public Participation and Language Assistance ...... :........:. ............3
E. Providing Meaningful Access to LEP Persons ....................._..... .......:......................3
FMinority Representation on Planning/Advisory Board......,......: .. .....::.....................3
G. Determination of Site or Location of Facilities .................................. ..,m, . ......: . ......: :...4
H. Fixed -Route Provider: System -Wide Standards and Policies ...... .......a. ...............;...4
I. Obligation to Provide Additional Information to FTA upon Request ...:.........:............4
III. Attachments
Attachment 1: Notice of Civil Rights ..................................................... .....................5
Attachment 2`. City-wide Title VI LAP Excerpt: Complaint Process ............. ....,..............10
Attachment 3: Title V1 Complaint Form .............__................................... ...................13
Attachment 4: List of Transit Related Title VI Investigations,Complaints, and Lawsuits.. 16
Attachment 5: Public Participation Plan............................................................................18
Attachment 6: Title VI Language Assistance Plan .. .................. ..... ........................22
Attachment 7: System -Wide Standards and Policies...................................................28
Additional Documents
City Council Agenda Materials and Adoption Resolution ........................... ...................31
1 City of Downey Transit Services Title VI Program • May 2019
The City of Downey is a place of pride, history, involvement, and community. 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, gender expression, age,
national origin, disability, marital status, sexual orientation, or military status. This commitment
to inclusion and service is reflected in the Title VI Program of Downey's Transit Services. As
required by the Federal Transit Administration (FTA) 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 transit 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 Transit Services and that all citizens
are provided an opportunity take part in Transit planning and decision-making (and as a
recipient of federal funding), the City of Downey Transit Services will ensure full compliance
with Title VI of the Civil Rights Act of 1964.
This Title VI Program -Transit was updated in conformance with FTA C 4702.16 (October 1, 2012,
April 26, 2016, and May 28, 2019).
In order to comply with 49 CFR, Section 21.9(d), the City shall provide information to the public
regarding the City's obligations under DOT's Title VI regulations and apprise members of the
public of the protections against discrimination afforded to them by Title VL
The City of Downey will inform members of the public of their Title VI protection in a variety of
way, including:
On the City's website at
http://www.downeyca.org/gov/title_ vi_ nondiscrimination.asp;
Posting of notices inside all Dial -A -Ride and Fixed -Route vehicles; and,
Posting of notices in the public area of the Transit Center.
Copies of notices can be found in Attachment #1.
2 City of Downey Transit Services Title VI Program • May 2019
B. Requirement to Develop Title VI Complaint Procedures and Complaint Form.
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 and 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's Transit
Services and to make these procedures for filing a complaint available to the general public.
Since the last submission in 2016, Downey has developed city-wide Title Vl complaint
procedures. The city-wide complaint procedures can be found in Attachment 2.
2. Ensuring Easy Access to Complaint Form and Procedures
The City has developed a Title V1 Complaint Form to document all complaintsreceived
by City and/or transit contractor staff (Attachment #3). This form is available in English,
Spanish and Korean on the City's website and at the City of Downey Transit Depot
located at 8150 Nance Ave., Downey, CA 90241. The form is also available via email or
can be mailed upon request.
C. Requirement to Record and Report Transit -Related Title VI Investigations, Complaints,
and Lawsuits.
The City is required to prepare and maintain a list of investigations, complaints, or lawsuits that
pertain to allegations of discrimination on the basis of race, color, and/or national origin in
transit -related activities and programs. The City will maintain a list of Transit Services Title Vl
investigations, complaints, and lawsuits, including a comprehensive summary and description
of actions taken by the City, as required by Title VI regulations (see Attachment #4). The list
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 Downey Human Resources office.;
The list shall be included in the City's Title Vl submittal to FTA every three (3) years. As of April
1, 2019, the City of Downey does not have any Title VI complaints, investigations, or lawsuits.
3 City of Downey Transit Services Title VI Program • May 2019
D. Promoting Inclusive •Participation.
Transit Services' Public Participation Plan is designed to encourage participation by all Downey
residents in transit planning and services. Downey Transit Services has used — and will continue
to user a number of avenues to reach the greatest number of residents. These activities
include, but are not limited to widely disseminating bilingual brochures as well as biannual
mailings to LEP Outreach List to ensure access by their LEP clients and attendees. The full Public
Participation Plan is included as Attachment #5.
Summar of outreach efforts made since the last Title VI Program submission
Transit services has changed their principal marketing brochure to create a bi-lingual brochure
(Spanish/English) to ensure that all outreach efforts include LEP Spanish speakers. In addition,
Downey has implemented a city-wide Title VI LAP Program that includes contracting with
telephonic translators, creating "Point to Your Language" cards for all staff who interact with
the public, and posting notices at key sites of the number to call for translation assistance.
E. Language Assistance Plan and Requirement to Provide Meaningful Access to Limited
English Proficiency (LEP) Persons.
The Language Assistance Plan includes two components; a Title VI Limited English Proficiency
Analysis (LEP Analysis), and a Language Assistance Plan. The LEP Analysis is a four factor
analysis, which considers:
• The number of LEP persons in the service area,
• The frequency that LEP persons come in contact with transit services,
• The nature and importance of programs, activities or service to the LEP population, and
• The resources available to the City and overall costs to provide LEP assistance.
The Language Assistance Plan explains the findings of the Four Factor Analysis and describes
how the City will implement language assistance.
Title VI and its implementing regulations require that FTA recipients take responsible steps to
ensure meaningful access to benefits, services, information, and other important portions of
their programs and activities for individuals who have Limited English Proficiency. In addition to
the steps outlined herein, the City collaborates with the Los Angeles County Metropolitan
Transportation Authority (MTA) and other neighborhood stakeholders to ensure LEP persons
have access to necessary information.
The LEP Analysis and Language Assistance Plan are detailed in Attachment #6.
The 'City of Downey does not have a"transit-related, non -elected" planning board, advisory
council, or committee. Rather, the City Council serves as the legislative body for all
4 City of Downey Transit Services Title VI Program • May 2019
transportation related policy decisions. Therefore, this requirement does not apply to the City
of Downey. The city of Downey will follow all Title VI Requirements if a transit advisory council
or committee should be formed at an undetermined future date.
G. Determination
The City of Downey isnot currently using any Federal grants for the construction of any transit
related facilities such as storage facilities, maintenance facilities, or operations centers.
Therefore, this requirement does not apply.
FTA requires all fixed -route transit providers to develop quantitative service standards and
policies for their fixed -route service.
The City has developed service standards and policies for its fixed -route system consistent with
Title VI requirements. The standards include (a) vehicle load; (b) vehicle headway; (c) on-time
performance; and (d) service availability. The policies include (a) the policy for the distribution
of transit amenities, and (b) vehicle assignment policies (see Attachment #6).
�.IIIIIiIIIII .;
The City of Downey's City Manager's Office is available to provide additional information, as
needed, and to respond to any verbal or written requests for information in order for FTA to
investigate complaints of discrimination or to resolve concerns about possible noncompliance
with DOT's Title VI regulations.
5 City of Downey Transit Services Title VI Program • May 2019
ATTACHMENT
NOTICE OF
Text for Website
8 11 Y2xFlyer
D
I
DARVehicle• •
6 City of Downey Transit Services Title VI Program • May 2019
Notice of
http://www.downeyca.org/gov/title—vi—nondiscrimination.asp
4
The City of Downey affirms its commitment to Section At of the Civil Rights Pict of 1964°
k
'No person in the United Mates shall, on the ground of race, color or national origin, be excluded from
participation in, be denied the benefits of, or be subject to discrimination under any program or activity
receiving Federal financial assistance.
If you believe you have been the target of discrimination on the basis of race, color or national origin, please
complete the forma below in as much detail as possible. This completed farm must be submitted within 180 days of
the incident. If you need help completing this Form for any reason, please contact the Downey Human Resources
Department at (562) 004-7202,
City of CFea racy Titla VI Language Access Mara -adopted May 8, 20153 a
r
Title i/1 Complaint plaint Form . English
s Title VT Complaint Form - Spanish
t
Title V1_ Complaint For - Korean
7o request pa City form or agenda to be translated to another language, please contact ( 562) 904-7294
Para solicitor una forma o agenda de Is C;uidad ser traducido a otra idiorna, favor de comuniquese a (562) 904 -7284-
7 City of Downey Transit Services Title V1 Program * May 2019
Notice of Civil Rights Postin ginaT
_jIganmittCenter (a Spanish version will also be posted)
Actual Size — 8Y2 x 11
911
Public Notice of Rights
,4
under Title V! of the Civil Rights Act
In keeping with the City's tradition of community and involvement, Downey
Transit Services is committed to ensuring that no person is excluded from
participation in, or denied the benefits of its service on the basis of race, color
Y r national origin as provided under Title VI of the Civil Rights Act. In addition,
Downey prohibits discrimination based on sex, age, disability, religion, sexual
orientation, gender identity, and other protected classes enumerated in federal
and state laws.
If you have any questions about the Title VI Civil Rights Act or would like additional information
on Downey's obligation regarding non-discrimination, please visit the Title V1 Nondiscrimination
& Language Access Plan page on the City website or call (562) 299-6619.
If you believe you have been discriminated against, you have 180 days from the date of the
alleged discrimination to file a signed, written complaint. The complaint should include the
following information:
Your name, address, and how to contact you (i.e., telephone number, email address)
How, when, where, and why you believe you were discriminated against. Include the
location, names, and contact information of any witnesses.
WVMrjTyV?F �11.ZZ—.
section of the City's website or at the Transit.
The complaint should be filed in writing with:
Downey Human Resources Department
11111 Brookshire Ave., Downey
(562) 904-7292
You may also file a Civil Rights Act Title VI complaint with the FTA at:
U.S. Department of Transportation
Federal Transit Administration
Office of Civil Rights, Region IX
201 Mission St., Suite 1650
San Francisco, CA 94105-1839
CD j
ol al- Al kj 2
66 L_ __10
1- 2101 if- Xj _Y -a XJI=HFO ),121 E�q (562) 299�19 _F,_
8 City of Downey Transit Services Title VI Program • May 2019
Actual Size: 5.4 x 6.5
Public Notice of Rights
Aviso • ode Derechosbajo el Titulo
X11 1--11 VI _, al -:ilkl
•
Downey operates its programsand services without regard to race,
color or nationalorigin in accordanceof +ct. (Downey also
prohibits discrimination based on sex, age, disability, religion, sexual orientation,
gender identity, and other protected classes enumerated in federal and state laws.)
, person i f- been of any unlawful discriminatory
practice under Title VI may file a complaint with Downey Human Resources.
If you questions or • i like additional • .:. i on r • obligation
regarding non-discrimination or how to file a complaint, please visit the Title VI
Nondiscrimination & Language Access Plan i..ge in the City's website or
•299-6619.
You may also file a complaint directly with the Federal Transit Administration:
Federal Transit Administration Office of Civil Rights, Region IX
201 Missioni San Francisco, California 94105-1839
If information is needed in another language, please contact (562) 299-6619
Por informaci6n• • i i i • • r r
.. i r: i` •'' • • rJT_•n i ;. is
• s • •r
9 City of Downey Transit Services Title VI Program 9 May 2019
Actual Size: SS' x 9.8"
Public Notice of Rights Aviso Pu'blico de Derechos
under Title V1 IM1. bajo el Titulo V1
Downey Transit Services operates its programs and services
without regard to race, color or national origin in accordance
with Title VI of the Civil Rights Act. Downey also prohibits
discrimination based on sex, age, disability, religion, sexual
orientation, gender identity, and other protected classes
enumerated in federal and state laws. Any person who
believes he/she has been a victim of any unlawful
discriminatory practice under Title VI may file a complaint
with the Downey Human Resources department.
Los servicios del TrSnsito cle Downey opera sus programas
servicios, sin distinci6n de raza, color u origen nacional, d
conformiclad con el Titulo V1 cle la Ley de Derechos Civile
Downey tambi6n prohibe la discriminaci6n basada en
sexo, edad, discapacidad, religi6n, orientaci6n sexua
identidad de g6nero, y otras clases protegiclas mencionad
en las leyes feclerales y estatales. Cualquier persona qu
cree 61 / ella ha sido victima cle cualquier pr6ctii
discriminatoria ilegal bajo el Tftulo VI, puede presentar unj
que
queja con el director de Recursos Humanos de Downey.
If you have any questions or would like additional
information on Downey's obligation regarding non-
discrimination or how to file a complaint, please visit the
Title VI Nondiscrimination & Language Access Plan page on
the City's website or call (562) 299-6619.
)i �C'J _Y_ -�31 Til 'CD '=' _0 �, I i�j (S62) 299-6619 01
If information is needed in another language, please call (562-) 299-6619
10 City of Downey Transit Services Title VI Program May 2019
/ATTACHMENT 2
INV Fok WO
I Ik
11 City of Downey Transit Services Title VI Program • May 2019
The City of Downey takes allegations of discrimination of any kind very seriously.
Three specific categories of discrimination fall under Federal Title VI regulations:
discriminationonthe 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 VI 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.
(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 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 by the City's
investigator, but the 10 business days' time period remains in place from the date
of extension. The City may also close the complaint if the complainant no longer
wishes to pursue their complaint.
The City will commence an investigation within 10 business days of receipt of the
complaint.
12 City of Downey Transit Services Title VI Program• May 2019
(c) Resolution of Case
After the investigation of the complaint is completed, the `City will issue one of
two letters to the complainant: a closure letter or a Letter of Finding (LOF). A
closure letter summarizes the allegations, states that there was no finding of a
Title VI violation, and that the case will be closed. An LOF summarizes the
allegations and the factual findings of the investigation and provides that
appropriate responsive action will be taken, including discipline or additional
training of the staff member, contract staff, etc.
(d) Request for Reconsideration
The Letter of Finding will also notify the complainant of his/her right to submit'a
request for reconsideration regarding the results of the investigation. If the
complainant disagrees with the City's findings, the complainant may request
reconsideration by submitting a written request to the City's Human Resources
Division within 10 business days of receipt of the City's response. The
complainant shall provide a detailed description of the request for consideration..
The City will notify the complainant of its decision either to accept or reject the
request for reconsideration within 10 business days. if the City agrees to
reconsider the matter, the complaint shall be returned to the investigator for re-
evaluation in accordance with the "Investigation of Complaint" procedures
described above.
(e) Appeal Process
If the request for reconsideration is denied, the complainant may appeal that
decision by submitting a written request to the City Manager for final
determination.
(f)
Submission of Complaint to the Federal Department
Complainant may, at anytime, submit the complaint directly to the relevant
Federal Department for investigation, including:
• U.S. Department of Transportation, Federal Transit Administration, Office
of Civil Rights, Region IX, 201 Mission St., Suite 1650, San Francisco, CA
94105-1839. (In accordance with Chapter 9, Complaints, of FTA Circular
4702.16, such a complaint must be filed within 180 calendar days of the
date of the alleged discrimination.)
• U.S. Department of Housing and Urban Development, One Sansome
Street, Suite 1200, San Francisco, CA 94104, (415) 489-6400
U.S.,• Department of Justice 950 Pennsylvania Avenue, NW, Washington,
DC 20530-0001, (202) 514-2000
• US 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: 866-644-8360
13 City of Downey Transit Services Title VI Program • May 2019
ATTACHMENT 3
TITLEV L-OMPLAINTFuRM--
14 City of Downey Transit Services Title VI Program e May 2019
Complaint form is available in English, Spanish and Korean either online, at the Transit Center,
from City Hall or (upon request) by mail or email.
C' OfDowney
ity
Title V1 Complaint Form
As required by the Federal Transit Administration (FTA) and as set forth in Title VI of the Civil Rights
Act of 1964:
"No person in the United States shall, on the ground of race, color, or national origin, be
excludedfrom participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal financial assistance. " (42 U.S.0 2000d)
please complete this form in as much detail as possible. This completed form must be submitted
within 180 days of the incident. If you need help completing this form for any reason, please contact
the Downey Human Resources Department at (562) 904-7292.
Section 1:
Name:
Address:
Telephone (Home): Telephone (Cell). -
Email Address:
Section Ill:
Are you filing this complaint on your own behalf? El Yes E] No
If you answered "Yes," go to Section III
If you answered "No":
Please supply the name and relationship of
the person for whom you are filing this form:
Explain why you have filed for
a third party:
Have you obtained the permission of the aggrieved party? El Yes F] No
Section III:
I believe the discrimination experienced was based on (check all that apply):
F-1 Race E] Color E] National Origin E] Other*
Date of Alleged Discrimination (Month, Day, Year):
(continued on back)
15 City of Downey Transit Services Title V1 Program 9 May 2019
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 previously filed a Title VI complaint with this; agency? E]Yes--IE] 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 E] No
if yes, check all that apply and list the agency's name:
Federal Agency E] State Agency
❑ Federal Court E] State Court
❑ Local Agency ❑ 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
16 City of Downey Transit Services Title VI Program • May 2019
ATTACHMENT4
LIST O""F I RANSIT�RELATE
TITLEVI INVESTIGATIONS31
17 City of Downey Transit Services Title VI Program May 2019
City of Downey
As of April 2019, no complaints or lawsuits have been filed against the City of Downey Transit
Services.
18 City of Downey Transit Services Title VI Program • May 2019
Jill JJJ� Jill
L ' 1
OEM
19 City of Downey Transit services Title VI Program • May 2019
CITY OF DOWNEY
March 2019
Downey Transit Services' Public Participation Plan has been designed to help ensure that no
one is prevented from participating in key issues in Downey's transportation planning efforts,
such as fare increases or service modifications. The goal is to bring all stakeholders into the
decision-making process so the City Council can make an informed decision in regards to the
City's transit services.
Public Outreach Activities
The City plans to continue to directly reach out to the community through the dissemination of
flyers, advertisements in local newspapers, articles on the City's website, and at local events.
Flyers, Brochures and Mailings
Brochures for both DowneyLINK (English and Spanish) and Dial -A -Ride (English and Spanish) are
distributed at various sites throughout the City including libraries, the senior center and the
community center. Information on both services is also included in the Parks and Recreation
catalog that is mailed to all Downey residents.
In addition, bi-annual mailings will be sent to community organizations that directly "serve LEP,
low income, and senior populations in Downey. These organizations will be asked to work with
the City Manager's Office to ensure that their attendees are aware of and able to access all
transportation and other services. Currently, the community outreach list includes:
Food and nutrition programs including food pantries,
Churches that offer services in languages other than English (including Spanish, Korean,
Arabic, Armenian, Greek and Indonesian),
Church programs that have special programs for the deaf and seniors,
Medical programs including free/low cost clinics,
— Senior residences, and
Other programs that serve low-income residents.
Public Information Meetings
The City periodically conducts public meetings to explain changes or proposed changes to
Downey Transit prior to City Council consideration. These meetings serve as a means to engage
the public and to provide input for future service changes and are conducted at public facilities,
such as local community and senior centers. These public workshops are brainstorming sessions
and they provide vital information that can be used to assist in the improvement of the City's
transit programs and in potential identification of LEP populations that may be in need of
assistance.
20 City of Downey Transit Services Title VI Program • May 2019
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 flyers.
Substantial Service 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.
For any changes that require City Council approval, Downey will allow the public to comment
on proposed changes during said period and during the scheduled public hearing with the City
Council.
In accordance with the City's policies and procedures, the City will continue its current
notification outreach efforts. In addition, specifically in the public comment window 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
• Post notices at the Transit Station
Whenever possible, when staff prepares document or schedules a meeting for which the
target audience is expected to include LEP individuals, the meeting notices, flyers, and agendas
may be made available in 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.
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
21 City of Downey Transit Services Title VI Program • May 2019
will notify the public of protections against discrimination afforded them by Title VI Regulations
and will take preventive corrective and disciplinary action necessary to stem behavior that
violates the rights and privileges the regulations are designed to protect. The City will post this
information on its web site and ensure that it reflects up to date information consistent with
the requirements of Title VI.
Availability of Title VI Plans and Procedures
The City's Title VI Plan and Procedures, as well as the Language Assistance Plan, are available on
the City of Downey's website at www.downeyca.org. Any person or agency with internet access
will be able to access and download the plan from the City's website. Alternatively, any person
or agency may request a copy of the plan via telephone, email, standard mail, or in person and
shall be provided a copy of the plan at no cost.
Questions or comments regarding the Title VI or Language Assistance Plan maybe submitted
to:
Vaniah De Rojas
Assistant to the City Manager
11111 Brookshire Avenue
Downey, CA 90241
(562) 299-6619
22 City of Downey Transit Services Title VI Program • May 2019
ATTACHMENT 6
A
23 City of Downey Transit Services Title VI Program • May 2019
CITY OF DOWNEY TRANSIT
TITLE VI LANGUAGE ASSISTANCE PLAN
March 2019
The Language Assistance Plan has been prepared to address the City of Downey's
responsibilities as a sub -recipient of federal financial assistance as they relate to the needs of
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 4702.16, 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.
The City of Downey's Transit Service staff oversee DowneyLINK and Dial -A- Ride — operations
for both are contracted to MV Transit. 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 has developed a city-wide Language Assistance Plan to help identify reasonable steps
for providing language assistance to persons with limited English proficiency that wish to access
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 transit -specific plan addresses the specific needs of transit users and helps to clarify how
the city-wide plan will be implemented for this department. This plan outlines ways to identify
a person who may need language assistance, the ways in which assistance maybe 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.
24 City of Downey Transit Services Title VI Program May 2019
4. Resources available to the City of Downey Transit Services staff and overall cost to
provide LEP assistance.
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Factor 1- The number or proportion of LEP persons in the service area who may be served or
City of r •
City of Downey staff reviewed ACS data from the United States Census Bureau and determined
that 23% (24,742) of the City's population has limited English proficiency; that is, they speak
English "less than very well.” Of this LEP group, 86% (21,391) are Spanish speakers and 4%
(1,019) speak Korean. The next largest group is Arabic with only 534 individuals who report
speaking English less than very well.
Based on the information mentioned above, it clear that Spanish is the primary language
spoken by LEP individuals in the City of Downey who may be served or are likely to encounter
transportation services, programs, or activities that are offered by the City.
For the languages that fall below the 1,000 person threshold, the City will not be including them
in this Language Assistance Plan. However, the City will monitor demographic trends using data
from the US Census Bureau and will survey frontline staff on the language needs of the City's
transportation program patrons. For all languages, the City will endeavor to identify and
network with local and neighboring organizations and services to provide as much language
assistance as possible.
MV
programs, activities, or services.
A high proportion of Spanishspeakers come into contact with the various transit programs that
are offered by the City. In the Transit division's recent survey, contract and City transit staff
report frequently interacting with LEP Spanish -speakers.
of Downey to populations.
The City of Downey'stransportation services and programs are essential to all City residents. In
a recent study, it was determined that over half of the.DowneyLINK riders are school-age
children (12-18 years of age). For adult riders, many use DowneyLINK to connect to other
transportation providers for their work commute. In a review of 2018-19 YTD Dial -A -Ride data,
the most common destinations are for medical appointments, the senior center (including
congregate meal program), personal errands (banking, shopping), school or other educational
sites, work, and religious sites. Given that these services are vital to the entire body of riders, it
follows that the services are critical to the LEP community as well.
25 City of Downey Transit Services Title VI Program • May 2019
Factor 4: The resources available to City of Downey's Transit Services staff and overall cost to
provide
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 contract provider for both
the demand -responsive and 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 significantly less. 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 $3 per minute. Translation of written materials will depend on the
final word count of each piece. And estimated price is $0.18 - $0.36 per word.
Based on the four -factor analysis, the City of Downey developed its Language Assistance Plan as -
outlined in the following section.
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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 programs that serve low
26 City of Downey Transit Services Title VI Program • May 2019
income residents (e.g. MAOF senior and childcare services, county housing offices, and free
and low-cost medical clinics) will also be important in identifying and linking LEP residents
to transit services.
4. Have City staff greet participants as they arrive at events and meetings sponsored by the
City's Transit Services. By informally engaging participants in conversation it is possible to
identify LEP individuals who may need language services.
Language Assistance Measures
The Spanish-speaking population has had a significantpresence in the City's transportation
program's service area for a long time; therefore it has been important to offer materials in
formats that are easily understood by this population, including:
• Dial -A -Ride Applications and Service Brochures are available in English and Spanish
• The DowneyLINK schedule and route map contains information in English and Spanish
• When possible, ensuring that at least one Dial -A -Ride reservationist on duty is bilingual
Spanish/English. In the occasional instance that a bilingual reservationist is not available,
the staff has sufficient Spanish and training to effectively handle the call (Downey has
had no reports of LEP Spanish speakers being unable to schedule the rides they need.)
In addition, the above community resources will be used on -a regular basis to assist in
identifying the needs of the City's LEP community. They will also serve as a means to widely
disseminate bilingual transit information and announcements, and to notify the LEP population
of planned meetings and outreach efforts.
There are plans for a number of language` assistance options` available to the LEP community,
including both oral and written language services. There are also various ways in which the
City's Transit Services staff can respond to LEP persons, whether in person, by telephone, or in
writing. These options include:
• As resources allow, the City will have bilingual Spanish/English staff at Transit booths at
community events and at Transit focus groups. The City will also make every effort to
have bilingual staff made available to community nonprofit and social services groups
for informational presentations.
• Vital printed documents, including fixed -route schedules, Dial -A -Ride service
information brochures and applications, Title VI notification of Rights, and Title VI
Complaint Forms, will be available in English and Spanish on the City Website. They will
also be printed in Korean if requested and as resources allow. If not translated they will,
at minimum, also carry a statement in Korean and English providing a contact number
for LEP individuals to call to request information in a language other than English.
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
27 City of Downey Transit Services Title VI Program • May 2019
hearingsbefore 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 discussion/survey of drivers and other frontline staff, e.g. 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.
City of Downey strives to adhere to the Safe Harbor Provision, the City's transportation
department operates from a limited budget — making it financially prohibitive to translate all
vital documents into every language of persons eligible to be served or likely to encounter our
transportation services. However, the city-wide Language Access Plan clearly states that the
City will respond to any specific request regardless of the size to the LEP population. To that
end, the City is contracting with a telephonic translation service for all City programs and has
created a "Point to your language" sign which will be available at public counters throughout
the city.
For Transit programs, the demographic served by the City of Downey's transportation
department falls primarily within the Spanish-speaking community. As a result, all vital
documents are translated into Spanish and the contract provider is required within their
contract to be able to serve LEP Spanish-speaking clients.
Monitoring and Updating the Language Assistance Plan
The City of Downey will update the Language Assistance Plan as required by US DOT or when it
is clear that higher concentrations of LEP individuals are present in the City's transit service
area. Updates to the Language Assistance Plan will consider:
• How the needs of LEP persons have been addressed;
• The current LEP population in the service area;
• Determination as to whether the need for translation services has changed; and,
• Whether complaints have been received concerning the City's failure to meet the needs
of LEP individuals.
28 City of Downey Transit Services Title VI Program • May 2019
ATTACHMENT
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IN 1 1'1
29 City of Downey Transit Services Title VI Program a May 2019
CITY OF DOWNEY
SYSTEM-WIDEi ;` fLICIES FIXED -ROUTE SYSTEM — DowneyLINI
DowneyLlNK operates Monday through Friday from 6:30am to 6:30pm. Saturday service is
available (with the same routes and schedules) during the holidays from the Saturday after
Thanksgiving until the Saturday before Christmas. DowneyLlNK does not operate on the
following holidays: New Year's Day, President's Day, Labor Day, Memorial Day, Independence
Day, Thanksgiving Day and Christmas Day.
To accommodate higher demand, DowneyLlNK operates additional vehicles (referred to as
"Tripper Service") at selected times and stops.
Vehicle Load for`DowneyLINK
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.
D. fixed -route operates weekdaysfrom 6:30 a.m. to 6:30 .
Southeast,separate routes: the
approximately 4' minutes, with additional Tripperscheduled to accommodate peak
demands. From 9 a.m. to 2 p.m., routes are combined to form a South and a North route, which
results in approximately 91 minute headways.
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.
30 City of Downey Transit Services Title VI Program • May 2019
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 and courts. 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.
Distribution of Transit Amenities for Each Mode
The City of Downey's policy related to transit amenities is to ensure equitable distribution of
items that promote safety, comfort, and convenience across the entire fixed -route system
without prejudice. As such, all riders have equal access to the amenities provided by the City for
the DowneyLlNK fixed -route service.
Seating and Rus Shelters. Seating and shelters are installed at various high usage locations along
the route where it is legal and permitted in consistency with the City's and ADA standards and
regulations. Seating and shelters are installed in an equitable manner to serve all community
members wishing to utilize them. Seating and shelter locations are identified by City staff
working in the Parks and Recreation and Public Works departments. Requests from the public
and comments received during public input process are considered in these determinations. All
seating and shelters are installed in a manner that promotes safety, comfort and convenience.
Provision of Printed Si ns System Ma s and Schedules. This information is distributed to the
public with the intent to promote and explain the City's fixed -route system. The information is
intended to educate the community as to the availability of the service and is made available in
various formats. Electronic versions of the material are distributed via the City website. Printed
versions of the information (in English and Spanish) are available to all members of the
community and are distributed on buses, at the Downey Depot, at community events and, by
request, at other community sites.
Vehicle Assignment
DowneyLlNK vehicles are assigned each day at random to a route. The fleet of seven
DowneyLlNK buses are all the same in age, size, and capacity.
31 City of Downey Transit Services Title VI Program • May 2019
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