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HomeMy WebLinkAbout2014 10 27 Consent 307 Title VI Nondiscrimination PolicyCOMMISSION AGENDA ITEM 307 Informational Consent X Public Hearings Regular October 27, 2014 KS KL Regular Meeting City Manager Department REQUEST: The Public Works Department requesting City Commission approval to adopt a Title VI Nondiscrimination Policy and associated Complaint Procedure. SYNOPSIS: In order to be eligible for the receipt of federal transportation funding, the City is required by FDOT to adopt a Title VI Nondiscrimination Policy and a complaint filing procedure. CONSIDERATIONS: . The City periodically applies for and receives federal transportation funding through various programs administered by the Florida Department of Transportation (FDOT). 23 Code of Federal Regulations (CFR) Part 200 requires that the Florida Department of Transportation (FDOT) conduct periodic reviews of cities, counties, planning agencies and other recipients of federal -aid highway funds to ensure they are complying with Title VI of the Civil Rights Act of 1964 and other nondiscrimination authorities. Title VI states that "no person in the United States shall be excluded from participation in, denied the benefits of, or be subjected to discrimination in any Federally- funded program, policy or activity on the basis of race, color or national origin." Similarly, the Highway Act of 1973, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (ADA) prohibit discrimination on the basis of sex, age and disability, respectively. Consent 307 PAGE 1 OF 2 - October 27, 2014 FDOT has developed this assessment as a means of determining sub - recipient nondiscrimination compliance; helping sub - recipients understand their nondiscrimination responsibilities; and assisting FDOT in planning future training and technical assistance. Sub - Recipient Nondiscrimination Compliance Assessments must be completed as a condition of LAP Certification and each triennial Recertification. The Assessments may be used as the basis of random or risk based reviews by either FDOT or Federal Highway Administration (FHWA). FDOT has requested the City adopt a Title VI Nondiscrimination Policy and a complaint filing procedure, in order to ensure compliance with the applicable federal laws. Exhibit A attached is the proposed Title VI Nondiscrimination Policy and Exhibit B attached is the associated complaint filing procedure. Both documents were prepared by the City Attorney's office and have been reviewed and approved by FDOT. FISCAL IMPACT: None COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends City Commission approval to adopt a Title VI Nondiscrimination Policy and Complaint Procedure, and authorize the City Manager and City Attorney to prepare and execute any and all applicable documents. ATTACHMENTS: 1. Exhibit A - Title VI Nondiscrimination Policy (1 page) 2. Exhibit B - Title VI Complaint Procedure (2 pages) Consent 307 PAGE 2 OF 2 - October 27, 2014 EXHIBIT A CITY OF WINTER SPRINGS TITLE VI /NONDISCRIMINATION POLICY The City assures that no person shall, on the grounds of race, color, national origin, sex, age, disability or income status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City- sponsored program or activity. The City assures every effort will be made to ensure nondiscrimination in all of its programs and activities, including programs and activities that do not receive federal financial aid. In the event that the City distributes federal aid funds to another entity, the City will include Title VI language in all written agreements and will monitor for compliance. The City's Human Resources Coordinator, Casey Howard, is delegated the authority to develop, maintain, implement and monitor this policy as required by federal law and regulations. If you believe you have been discriminated against, you can file a Title VI discrimination complaint by contacting: City of Winter Springs Human Resources Attn: Casey Howard 1126 E. State Road 434 Winter Springs, FL 32708 choward @winterspringsfl.org Kevin Smith City Manager EXHIBIT B City of Winter Springs Title VI Complaint Procedure Purpose: The City assures that no person shall, on the grounds of race, color, national origin, sex, age, disability or income status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City- sponsored program or activity. If a person believes that he or she has been discriminated against, he or she may file a Title VI discrimination complaint by contacting: City of Winter Springs Human Resources Attn: Casey Howard 1126 E. State Road 434 Winter Springs, FL 32708 choward @winterspringsfl.org Complaint Procedures: 1. All complaints shall include: Name, address and contact number of the person making the complaint; Names, addresses and contact numbers of witnesses; A narrative or statement describing the alleged violation of Title VI, including date and time of the alleged violation and City program or facility where the alleged violation occurred; and Any other documentation that may provide an additional explanation or identification of the alleged violation. Note: Alternative means of filing complaints, such as personal interviews or a recording of the complaint will be made available for persons upon request. 2. All complaints shall be filed no later than 180 days from the date of the alleged discrimination. 3. Within fifteen (15) calendar days after receipt of the complaint, the Human Resources Coordinator will meet with the complainant to discuss the complaint and possible resolution. 4. Within thirty (30) calendar days of the meeting, Human Resources staff will complete an investigation of the allegations and respond in writing to the person who filed the complaint. The response will explain the position of the City and offer options for substantive resolution of the complaint. 5. The person who filed the complaint may appeal the written response if it does not satisfactorily resolve the issue. Appeals must be submitted in writing to the City Manager, within fifteen (15) calendar days after receipt of written response.