City of Cape Coral
1015 Cultural Park Boulevard
Cape Coral, FL 33990
(239) 574-0401


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Title VI Compliance

 

ADMINISTRATIVE  REGULATION                                          CITY OF CAPE CORAL

Subject:  Title VI Compliance

Effective Date:  5/18/2015

A. R. Number  70

Applies To: All Departments

Supersedes:

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PURPOSE:   The purpose of Title VI of the Civil Rights Act of 1964 is to prohibit programs that receive federal funds from discriminating against participants on the basis of race, color, or national origin.

Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. 2000d, states: "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."

The intent of the law is to ensure that all persons, regardless of their race, color, or national origin, are allowed to participate in these federally funded programs. To ensure all City departments meet compliance responsibilities, the following Title VI policy is established.

GENERAL: The City of Cape Coral (the City) values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income.  The City believes the best programs, services, or activities result from the careful consideration and inclusion of the community in the City's decision making process.  As such, the City does not tolerate discrimination in any of the City's programs, services, or activities.  Pursuant to Title VI of the Civil Rights Act of 1964, the City will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income, or family status.

POLICY: The City has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found.  Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, age, disability, religion, income, or family status in any of the City's programs, services, or activities may file a complaint with the City's Title VI/Nondiscrimination Coordinator (the Coordinator):

Title VI / Nondiscrimination Coordinator

City of Cape Coral
815 Nicholas Parkway East
P.O. Box 150027
Cape Coral, Florida 33915-0027

Email:  risk@capecoral.net
Phone:  239-574-0529
Fax:  239-242-5303
Hearing Impaired:  800-955-8771 (TDD)

If possible, the complaint should be submitted in writing and contain the identity of the complainant, the basis for the allegations (i.e., race, color, national origin, sex, age, disability, religion, income, or family status), and a description of the alleged discrimination with the date of occurrence.

The Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter.  Should the City be unable to satisfactorily resolve the complaint, the City will forward the complaint, along with a record of the disposition to the appropriate representative from the Department of Justice.

The Coordinator has direct access to the City Manager and is not required to obtain management or other approval to discuss discrimination issues with the City Manager.   However, should the complainant be unable or unwilling to complain to the City, the written complaint may be submitted directly to the Department of Justice:

U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Office of the Assistant Attorney General, Main
Washington, D.C., 20530

Phone: 202-514-4609
Hearing Impaired:  202-514-0716  (TTY)

Retaliation:

Retaliation is prohibited under Title VI of the Civil Rights Act of 1964.  It is the policy of the City that persons filing a complaint of discrimination  should have the right to do so without interference, intimidation, coercion, or fear of reprisal.  Anyone who feels he or she has been subjected to retaliation should report such incident to the Coordinator.

Limited English  Proficiency (LEP) Plan

Limited English  Proficiency (LEP) Plan Guidance:

Title VI of the City Rights Act of 1964, Executive Order 13166, and various directives from Federal and State agencies require federal aid recipients to take reasonable steps to ensure meaningful access to the City's programs, services, or activities by those who do not speak English proficiently. To determine the extent to which LEP services are required, and in which languages, the law requires the analysis of four factors:

  • The number or proportion of LEP persons eligible to be served or likely to be encountered by the City's programs, services, or activities;
  • The frequency with which LEP individuals come in contact with these programs, services, or activities;
  • The nature and importance of the program, service, or activity to people's lives; and
  • The resources available to the City and the likely costs of the LEP services.

The goal of the City's LEP Plan is to ensure the City recognizes the needs of LEP members of the community regardless of immigration status and implements a plan to communicate effectively and ensure reasonable access to the City's process, information, and decision-making.

City of Cape Coral Factor Analysis:
To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors.  The following sections address each of these with respect to the City's LEP plan.

Review of LEP Populations:
Using census data, the City has determined LEP individuals  speaking limited English represent approximately 20.4% of the community.

Assessing Frequency of Contact with LEP Persons:
In order to review the frequency of contact with LEP Persons, the City utilized Police/Fire Department data from calls that required translations for the time period of 2010-2014.  Spanish was reported to be the prevalent LEP language and an estimated 94% of LEP calls for service were in the Spanish language.  In addition, local police received 4% of the LEP calls for service in Haitian/Creole, 1% in German, and 1% in Mandarin. Additionally, on an annual basis, the Department of Community Development receives an average 10-15 requests for translation services to Spanish from persons seeking housing/social service assistance.

Based on numbers provided by various departments  across the organization an estimated 454 requests for translation/interpretation have been made and provided.  The majority of these requests have been responded to through a language service provider, which automatically provides a method of tracking.  Moving forward the standard practice is for all Department's to use the language service provider either directly or through the City Clerk's Office.

Assessing the Importance of City Programs:
The City is aware of the importance of the services it provides to its residents.  As such, the City finds it essential to advise the public on how to communicate and provide input to the City through the Citizen's Action Center.

Determining Available Resources:
The City maintains  a database of its personnel fluent in other languages and can request their assistance as needed at no cost to the City.

City of Cape Coral Factor-Based Conclusion:
The analysis of these factors suggests LEP services may be required from time to time.  The City believes Spanish language assistance is necessary for certain activities in order to provide broad access to members of the public. Therefore, the City has committed to the following:

  • Maintaining a list of employees  who competently  speak Spanish and other languages, and who are willing to provide translation and interpretation services or both;
  • Providing notification in Spanish of the availability of LEP assistance in public meeting notices and on public involvement event signage; and
  • Translating essential brochures and informational flyers relating to City services into Spanish.
  • The City understands the community profile is continually changing and the four factor analysis may reveal the need for more or varied LEP services in the future.  As such, the City will annually examine the LEP plan to ensure the plan remains reflective of the community's  needs.

Persons requiring special language services should contact the City Clerk's Office.

Public Involvement:

In order to plan for efficient, effective, safe, equitable, and reliable transportation systems, the City must have the input of the public.  The City spends extensive staff and financial resources in furtherance of this goal and strongly encourages the participation  of the entire community through available programs such as the Citizen's Action Center, or through public input at City Council and other public meetings, and through contact with City staff.  The City holds a number of transportation meetings, workshops, and other events designed to gather public input on project planning and construction and to promote the City's services to the public.  As such, the City is constantly seeking ways of measuring the effectiveness  of its public involvement.

Persons wishing to request special presentations by the City, volunteer in any of the City's activities, or offer suggestions for improvement to the City's public involvement may contact:

City Clerk
City of Cape Coral
1015 Cultural Park Blvd.
P.O. Box 150027
Cape Coral, Florida 33915-0027

Email:  ctyclk@capecoral.net
Phone:  239-574-0411
Fax: 239-242-5344
Hearing Impaired:  800-955-8771 (TOO)

Data Collection:

Federal Highway Administration (FHWA) regulations require federal-aid recipients to collect racial, ethnic, and other similar demographic data on beneficiaries  of or those affected by transportation programs, services, or activities.  The City accomplishes this through the use of census data, American Community Survey reports, Environmental Screening Tools (EST), driver and ridership surveys, the Department of Community Development, and other methods.  From time to time, the City may find it necessary to request voluntary identification of certain racial, ethnic, or other data from those who participate in public involvement events.  This information assists the City with improving the targeted outreach and measures of effectiveness.   Self-identification of personal data to the City will always be voluntary and anonymous.  Moreover, the City will not release or otherwise use this data in any manner inconsistent with the federal regulations.

Assurances:

Every three years, or commensurate with a change in City executive leadership, the City must certify to Federal and State agencies the applicable programs, services, or activities are being conducted in a nondiscriminatory manner.  These certifications are termed "assurances" and serve two important purposes.  First, they document the City's commitment to nondiscrimination  and equitable service to the community.  Second, they serve as a legally enforceable agreement by which the City may be held liable for breach.  The public may view the annual assurance on the city's website or by visiting the City's offices.

Americans with Disabilities Act of 1990 and the Rehabilitation  Act of 1973

ADA/504 Statement:

Section 504 of the Rehabilitation Act of 1973 (Section 504 and the Americans with Disabilities Act of 1990 (ADA) forbid discrimination  against those who have disabilities.  Furthermore, these laws require federal aid recipients and other government entities to take affirmative steps to reasonably accommodate the disabled and ensure their needs are equitably represented in transportation programs, services, or activities.

The City will make every effort to ensure the facilities, programs, services, or activities are accessible to those with disabilities.  The City will make every effort to ensure the advisory committees, public involvement activities, and all other programs, services, or activities include representation by the disabled community and disability service groups.

The City encourages the public to report any facility, program, service, or activity that appears inaccessible to those who are disabled.   Furthermore, the City will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access facilities, programs, services, or activities.  Providing reasonable accommodation may require outside assistance, organization, or resources so the City asks that requests be made at least five (5) business days prior to the need for accommodation.

Questions, concerns, comments, or requests for accommodation should be made to the City's ADA Coordinator:

Risk Manager, ADA Coordinator
City of Cape Coral
815 Nicholas Parkway East
P.O. Box 150027
Cape Coral, Florida 33915-0027

Email:  risk@capecoral.net
Phone:  239-574-0529
Fax: 239-242-5303
Hearing Impaired:  800-955-8771 (TDD)