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HomeMy WebLinkAbout4.A.1. Federal Transit Administration Title VI Plan Consent Business 4. A. 1. SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director DATE: 02/19/2013 SUBJECT: Federal Transit Administration Title VI Plan (E) Action Sought Offer and pass a motion to approve the adoption of the attached Title VI Plan as presented. INTRODUCTION: At its February 16, 2012 meeting, the TAC was provided with information regarding a) the City's responses to the initial 2010 federal compliance audit and b) the draft Title VI plan prepared by staff at that time. Attached is the Title VI Plan as approved by the Transit Advisory Commission, and asks the City Council to consider its adoption. ALTERNATIVES: 1. Offer and pass a motion to recommend to approve the adoption of the attached Title VI Plan as presented. 2. Offer and pass a motion to approve the adoption of the attached Title VI Plan with revisions. 3. Table the item for additional information. ACTION REQUESTED: Offer a motion consistent with Alternative 1, i.e. recommend adoption of the Title VI Plan as presented. R. Michael Leek Community Development Director Attachments: Title VI Plan City of Shakopee /Shakopee Transit Title VI Plan I. Plan Statement Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "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. Section 2000d). The City of Shakopee is committed to ensuring that no person is excluded from participation in, or denied the benefits of transit services on the basis of race, color, or national origin, as protected by Title VI in Federal Transit Administration (FTA) Circular 4702.1.A. This plan was developed to guide the City of Shakopee in administration and management of Title VI- related activities. Title VI Manager Contact information is as follows: Mark McNeill City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Phone: 952 - 233 -9300 II. Title VI Information Dissemination • Title VI information posters will be prominently and publicly displayed in the City of Shakopee's facilities and on their revenue vehicles. The name of the Title VI Manager will be available on the website, at www.ci.shakopee.mn.us Additional information relating to nondiscrimination obligations can be obtained from the Title VI Coordinator. • Title VI information shall be disseminated to the City of Shakopee employees annually via the employee newsletter. This form will remind employees of The City of Shakopee's policy statement, and of their Title VI responsibilities in their daily work and duties. • During New Employee Orientation, new employees shall be informed of the provisions of Title VI, and the City of Shakopee's expectations that employees will perform their duties accordingly. • All employees shall be provided a copy of the Title VI Plan and are required to sign the Acknowledgement of Receipt (see Appendix B). III. Subcontracts and Vendors All subcontractors and vendors who receive payments from the City of Shakopee where funding originates from any federal assistance are subject to the provisions of Title VI of the Civil Rights Act of 1964 as amended. Written contracts where funding originates from any federal assistance will contain non - discrimination language, either directly or through the bid specification package which becomes an associated component of the contract. IV. Record Keeping The Title VI Manager will maintain permanent records, which include, but are not limited to, signed acknowledgements of receipt from the employees indicating the receipt of the of Title VI Plan, copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations. V. Title VI Complaint Procedures A complainant may file a signed, written complaint up to one hundred and eighty (180) days from the date of the alleged discrimination. The complaint should include the following information: • Contact information including: Name, mailing address, telephone number, cell phone number and email address • Description of the incident including how, when, where and why you believe you were discriminated against. Names and contact information for all witnesses. • Other relevant information The Title VI complaints are to be submitted in writing to the Title VI Manager at; at the following address: Mark McNeill City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Phone: 952 - 233 -9300 It is the responsibility of the complainant to certify all mail that is sent through the U.S. Postal Service and /or ensure that all written correspondence can be tracked. For complaints originally submitted by facsimile, an original, signed copy of the complaint must be mailed to the Title VI Manager as soon as possible, but no later than 180 days from the alleged date of discrimination. All complaints alleging discrimination based on race, color or national origin in a service or benefit provided by the City of Shakopee will be directly addressed by the City of Shakopee. The City shall provide appropriate assistance to complainants, including those persons with disabilities, or who are limited in their ability to communicate in English. Additionally, The City of Shakopee shall make every effort to address all complaints in an expeditious and thorough manner. The City of Shakopee will, within seven (7) working days or receipt of a complaint, mail a letter to the address provided by a complainant, which letter will acknowledge receipt of the complaint. In the event that the City of Shakopee requests additional information from a complainant, and the complainant fails to provide the requested information, the City of Shakopee shall reserve the right to administratively close the complaint. All complaints will be thoroughly investigated. The investigation will be conducted in a full, fair and impartial manner by the Title VI Manager. Results of the investigation will be presented to the Shakopee City Council for a determination. Every effort will be made to respond to Title VI complaints within 60 working days of receipt of such complaints. Complaints will be determined to be substantiated, not substantiated or inconclusive. Following the investigation, the City of Shakopee will send a final written response letter to the complainant identifying the final determination. In the letter notifying complainant that the complaint is not substantiated the complainant will be advised of his or her right to: 1. appeal within seven (7) calendar days of receipt of the final written decision from , and /or 2. file a complaint externally with the U.S. Department of Transportation and /or the FTA. In addition to the complaint process described above, a complainant may file a Title VI complaint with the following offices: Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor — TCR 1200 New Jersey Ave., SE Washington, DC 20590 VI. Limited English Proficiency (LEP) Plan The City of Shakopee has developed this Limited English Proficiency Plan (LEP) to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to Shakopee services including fixed route and express transportation services as required by Executive Order 13166. A Limited English Proficiency person is one who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. This plan details procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, training staff, how to notify LEP persons that assistance is available, and information for future plan updates. In developing the plan, the City of Shakopee undertook a U.S. Department of Transportation four factor LEP analysis which considered the following: 1) number or proportion of LEP persons eligible in the City of Shakopee service area who may be served or likely to encounter a The City of Shakopee program, activity, or service; 2) frequency with which LEP individuals come in contact with The City of Shakopee services; 3) nature and importance of the program, activity or service provided by The City of Shakopee to the LEP population; and 4) resources available to The City of Shakopee and overall cost to provide LEP assistance. A brief description of these considerations is provided in the following section. See Attachment 1 for copy of LEP Plan. VII. Community Outreach As an agency may from time to time receive federal financial assistance, we have made or will be making the following community outreach efforts to engage the public in planning and decision - making processes, as well as its marketing and outreach activities. The City of Shakopee, along with its partners in the BlueXpress commuter service periodically conducts surveys /studies to explore service rerouting and expansion of services. The public will be invited to participate in the process whether though public meetings or surveys. When a change to an existing service or addition of new service is proposed The City of Shakopee convenes a public meeting to discuss feasibility and to welcome suggestions. The public is invited to attend. Citizens and passengers may call the City of Shakopee at 952 - 233 -3800, or its designated service provider, to lodge a complaint or comment. All complaints /comments are input into a database and then distributed to a designated the City of Shakopee employee or contractor to research and respond to the complaint. Attachment 1 City of Shakopee /Shakopee Transit Limited English Proficiency Plan This Limited English Proficiency Plan has been prepared to address the City of Shakopee's responsibilities as a potential recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills accessing the services offered by Shakopee Transit. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq, and its implementing regulations, which states that no person shall be subjected to discrimination on the basis of race, color or national origin. Executive Order 13166, titled "Improving Access to Services for Persons with Limited English Proficiency," indicates that differing treatment based upon a person's inability to speak, read, write or understand English is a type 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 which receive federal transit funds, including the City of Shakopee where applicable relating to Shakopee Transit services and facilities. The City of Shakopee has developed this Limited English Proficiency Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency [LEP] who wish to access services provided by the transit authority. As defined in Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write or understand English. This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, staff training that may be required, and how to notify LEP persons that assistance is available. In order to prepare this plan, The City of Shakopee undertook the U.S. DOT 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 a The City of Shakopee program, activity or service. 2. The frequency with which LEP persons come in contact with The City of Shakopee programs, activities or services. 3. The nature and importance of programs, activities or services provided by The City of Shakopee to the LEP population. 4. The resources available to The City of Shakopee and overall cost to provide LEP assistance. Four - Factor Analysis: 1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter a City of Shakopee program, activity or service. The City of Shakopee staff reviewed the available 2010 U.S. Census Report and determined that 37,076 persons live in the City of Shakopee. About 6,674 persons (or 18 %) indicated they speak a language other than English at home. 2010 Census information regarding limited English proficiency was not available, but according to 2006 data, in the City of Shakopee, 2,228 persons [0.06 %] have limited English proficiency; that is, they speak English "not very well." 2. The frequency with which LEP persons come in contact with The City of Shakopee programs, activities or services. The City of Shakopee will assess the frequency with which staff and drivers have, or could have, contact with LEP persons. This includes documenting phone inquiries and surveying vehicle operators. To date, the City of Shakopee has had no requests for interpreters and no requests for translated Shakopee Transit documents. 3. The nature and importance of programs, activities or services provided by The City of Shakopee to the LEP population. The overwhelming majority of the population, in the City of Shakopee speak only English. There are social services, professional and leadership organizations, as well as the local school district (i.e. Independent School District 720) within the City of Shakopee service area that focus on outreach to LEP individuals. The City of Shakopee works closely with these organizations. The City of Shakopee provides two (2) transportation services, which include the fixed route Circulator (Route 496) and BlueXexpress service (Route 490) 4. The resources available to the City of Shakopee and overall cost to provide LEP assistance. The City of Shakopee assessed its available resources that could be used for providing LEP assistance, including determining how much a professional interpreter and translation service would cost on an as- needed basis, which of its documents would be the most valuable to be translated if the need should arise, and taking an inventory of available organizations that the City of Shakopee could partner with for outreach and translation efforts. The amount of staff and vehicle operating training that might be needed was also considered. Based on the four - factor analysis, the City of Shakopee developed its LEP Plan as outlined in the following section. Limited English Proficiency [LEP] Plan Outline The City of Shakopee will develop several options to be available to assist LEP individuals to utilize transportation services. Language Assistance Measures Although there is a very low percentage in the City of Shakopee of LEP individuals, that is, persons who speak English "not very well," The City of Shakopee will ensure that the following measures are in place: • The City of Shakopee Title VI Policy and Limited English Proficiency Plan will be posted on the agency website, www.ci.shakopee.mn.us • When an interpreter is needed, in person or on the telephone, staff will attempt to determine what language is required and then access language assistance services. Staff Training The following training will be provided to City of Shakopee employees that are directly involved with the Shakopee Transit services: • Information on the City of Shakopee Title VI Policy and LEP responsibilities. • Description of language assistance services offered to the public. • Documentation of language assistance requests. • Use of language line service. • How to handle a potential Title VI /LEP complaint. Outreach Techniques Due to the small local LEP population, the City of Shakopee will initiate an outreach procedure as of within one (1) year of the date of adoption of the Title IV Plan. Translation resources are also very limited in this region. However, when and if the need arises for LEP outreach, The City of Shakopee will consider the following options: o When staff prepares a document, or schedules a meeting, for which the target audience is expected to include LEP individuals, then documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. o Bus schedules, maps, and other transit publications will be made available online in an alternative language when, and if, a specific and concentrated LEP population is identified. Monitoring and Updating the LEP Plan The City of Shakopee will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when data updates are available from the U.S. Census, or when it is clear that higher concentrations of LEP individuals are present in the City of Shakopee service area. Updates will include the following: • The number of documented LEP person contacts encountered annually. • How the needs of LEP persons have been addressed. • Determination of the current LEP population in the service area. • Determination as to whether the need for translation services has changed. • Determine whether local language assistance programs have been effective and sufficient to meet the need. • Determine whether transit system's financial resources are sufficient to fund language assistance resources needed. • Determine whether the City of Shakopee has fully complied with the goals of this LEP Plan. • Determine whether complaints have been received concerning the agency's failure to meet the needs of LEP individuals. Dissemination of the City of Shakopee LEP Plan A link to the City of Shakopee LEP Plan and the Title VI Plan will be included on the Shakopee Transit website, www.ci.shakopee.mn.us Any person or agency with internet access will be able to access and download the plan from The City of Shakopee website. Alternatively, any person or agency may request a copy of the plan via telephone, fax, mail, or in person, and shall be provided a copy of the plan at no cost. LEP individuals may request copies of the plan in translation which the City of Shakopee will provide, if feasible. Questions or comments regarding the LEP Plan may be submitted to the City of Shakopee as follows: Mark McNeill City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Phone: 952 - 233 -9300