HomeMy WebLinkAboutOTHER-2021-013 Providing Meaningful Communication with Persons with Limited English Proficiency Attachment 2
Providing Meaningful Communication with Persons with Limited English Proficiency
Orange County, North Carolina
NC CDBG- CV Program
January 2021 — June 2023
The purpose of this Policy is to ensure compliance with Title VI of the Civil Rights Act of 1964,
and other applicable federal and state laws and their implementing regulations with respect to persons
with limited English proficiency (LEP) . Title VI of the Civil Rights Act of 1964 prohibits
discrimination based on the ground of race, color or national origin by any entity receiving federal
financial assistance. Administrative methods or procedures, which have the effect of subjecting
individuals to discrimination or defeating the objectives of these regulations, are prohibited.
POLICY .
The language below is from the Orange County Language Access Policy, approved by the Orange
County Board of Commissioners on June 16, 2020:
https://www. oranzecountync. zov/DocumentCenter/View/115651
I. Policy Statement
It is the policy of Orange County to provide timely meaningful access for Limited English Proficiency
("LEP ") persons to all Orange County government services, programs and activities . All language
assistance services are free to all LEP individuals who requests language assistance services .
II. Purpose and Authority
The purpose of this policy is to establish effective guidelines , consistent with Title VI of the Civil Rights
Act of 1964 and Executive Order 13166 , for Orange County employees to follow when providing services
to , or interacting with, individuals who have limited English proficiency ("LEP ") . Following this Policy is
essential to the success of our mission to provide meaningful access to the LEP community to all Orange
County services , programs and activities .
III. Staff Compliance
Orange County personnel shall provide free language assistance services to LEP individuals whom they
encounter or whenever an LEP person requests language assistance services . Each County Department
Director is responsible to ensure their respective departments have a Language Access Plan, LEP persons
have access to the services their department provides , and to ensuring department staff receives training
on providing language access services to the LEP community .
IV. Definitions
A . Bi- lingual staff — A staff person employed by Orange County who has demonstrated
proficiency in English and reading, writing, speaking, or understanding at least one other
language as authorized by his or her department.
B . Interpretation — The act of listening to a communication in one language ( source language)
and orally converting it to another language (target language) while retaining the same
meaning . C .
C . Language Assistance Services — Oral and written language services needed to assist LEP
individuals to communicate effectively with staff, and to provide LEP individuals with
meaningful access to , and an equal opportunity to participate fully in, the services activities ,
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or other programs administered by the Department .
D . Limited English Proficient (LEP) Individuals — Individuals who do not speak English as their
primary language and who have a limited ability to read, write , speak, or understand English .
LEP individuals may be competent in English for certain types of communication ( e . g . ,
speaking or understanding) , but still be LEP for other purposes (e . g . , reading or writing) .
E . Meaningful Access — Language assistance that results in accurate, timely, and effective
communication at no cost to the LEP individual .
F . Primary Language — An individual ' s primary language is the language in which an individual
most effectively communicates .
G . Program or Activity — The term "program or activity" and the term "program" mean all of the
operations of the Department .
H . Qualified Translator or Interpreter — An in-house or contracted translator or interpreter who
has demonstrated his or her competence to interpret or translate through testing by the
Department of Human Rights and Relations , Certification by a qualified entity, or is
authorized to do so by contract with the Department and if a County employee approved by
his or her department .
I . Sight Translation — Oral rendering of written text into spoken language by an interpreter
without change in meaning based on a visual review of the original text or document .
J . Translation — The replacement of written text from one language (source language) into an
equivalent written text in another language (target language) .
K . Vital Document — Paper or electronic written material that contains information that is critical
for accessing a component ' s program or activities , or is required by law .
V. Language Assistance Measures
Ensuring the quality and accuracy of language assistance services provided by each Department is critical
ividuals with meaningful access to department programs and activities .to providing LEP ind
A . Identification of LEP Communities . Orange County shall assess the number or proportion of
LEP persons from each language group in The County to determine appropriate language
assistance services . The analysis shall include persons in Orange County with whom your
departments comes into contact while carrying out service functions . The assessment shall
include all communities who are eligible for services or are likely directly affected by
programs or activities . Departments may determine the linguistic characteristics of an LEP
population in their Orange County service area by reviewing available data from federal,
state, and local government agencies , community, and faith based organizations . A
department should also identifying and tracking the primary language of LEP individuals
that seek and receive programs and services . By regularly collecting and updating this data,
departments will be able to accurately identify and efficiently address the changing needs of
their LEP communities .
B . Quality of Language Access Services . The Department of Human Rights and Relations is
delegated with the authority to ensure that the County will take reasonable steps to ensure
that all staff or contracted personnel who serve as translators , interpreters or who
communicate " in- language" with LEP persons are competent to do so . Considerations of
competency in light of particular tasks may include :
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1 . Demonstrated proficiency in and ability to communicate information accurately in both
English and the other language ;
2 . Identifying and employing the appropriate mode of interpreting ( e . g . , consecutive,
simultaneous , or sight translation) , translating, or communicating fluently in the target
language ;
3 . Knowledge in both languages of any specialized terms or concepts particular to the
component ' s program or activity and of any particularized vocabulary used by the LEP
person ;
4 . Understanding and following confidentiality, impartiality, and ethical rules to the same
extent as Department staff;
5 . Understanding and adhering to their role as interpreters , translators , or bi- lingual staff.
Department liaisons shall also take reasonable steps to ensure that when translating text,
all staff or contracted personnel who serve as translators are briefed by department staff
on the context and intended audience .
6 . Absent exigent circumstances , Departments shall avoid using family members ( including ;,
children) , neighbors , friends , acquaintances , and bystanders to provide language
assistance services . Departments shall also avoid using individual opposing parties ,
adverse witnesses , or victims to a dispute as interpreters . Using family, friends ,
bystanders , or parties to a dispute to interpret could result in a breach of confidentiality, a
conflict of interest, or inadequate interpretation .
C . Types of Language Assistance Services . There are two primary types of language assistance
services : oral and written .
1 . Interpretation Services . Oral language assistance service may come in the form of " mn
language " communication (a qualified bi-lingual staff member communicating directly in
an LEP person' s language) or interpreting . An interpreter renders a message spoken in
one language into one or more other languages . Interpretation can take place in-person,
through a telephonic interpreter, or via internet or video interpreting . Departments shall
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ensure the Department of Human Rights and Relations has designated interpreters as
" qualified" prior to engaging them for services .
2 . Translation of Vital Documents . Departments should proactively translate vital written
documents into the frequently encountered languages of LEP groups served or likely to
be affected by the benefit, program or service in Orange County . When Department staff
have reason to believe that an individual is LEP , the department must respond to that LEP
individual in a language he or she understands . For example , a letter sent to a specific
LEP person should be translated into the appropriate language for that individual to
ensure effective communication . Departments should also have a language access plans
in place for handling written communication with LEP individuals in less frequently
encountered languages .
a . Departments shall prioritize translation of vital documents . Classification of a
document as "vital" depends upon the importance of the program, information,
encounter, or service involved, and the consequence to the LEP person if the
information in question is not provided accurately or in a timely manner . The
determination of what documents are considered "vital" is left to the discretion of
individual department, which are in the best position to evaluate their
circumstances and services within their language access planning materials .
MEN
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b . Types of vital documents — There are two types of Vital Documents , those meant
for the general public or a broad audience, and those that are specific
communications regarding a case or matter between an individual and the
Department . Each department should exercise its discretion in creating a process
for identifying and prioritizing vital documents or texts to translate . Departments
should ensure all translations are completed by translators who are designated as
" qualified" by the Department of Human Rights and Relations .
c . Documents that may be considered "vital" may include, but are not limited to ,
certain :
i . Administrative complaints , release, or waiver forms ;
ii . Claim or application forms ;
ills Public outreach or educational materials (including web -based material) ;
iv . Letters or notices pertaining to policies changes or updates ;
V . Written notices of rights , denial, loss , or decreases in benefits or services ,
or hearings ;
Via Forms or written material related to individual rights ;
Vila Notices of community meetings or other community outreach;
Villa Notices regarding the availability of language assistance services
provided by the component at no cost to LEP individuals ;
D . Notice of Language Assistance Services . Departments must in LEP individuals of their
eligibility for benefits , programs, and services in a language they understand . Departments should
assess all points of contact, telephone, in-person, mail, and electronic communication its staff has
with the public and LEP individuals when determining the best method of providing notice of
language assistance services . A Department should not only provide oral and written language
access services , but also must explain how LEP individuals can access available language
assistance services .
VI . Staff Training
A . Language Access Training is mandatory for department directors , supervisors, interpreters ,
translators , or frontline staff who encounter LEP individuals . Staff shall receive training on
identifying LEP customers and the procedures for accessing language assistance services
provided by the County . New employees will receive training at new employee orientation on
available language access resources . Yearly training will be available to existing staff to ensure
effective implementation of the policies and procedures .
B . Supervisors will be responsible for department level training on the department ' s language access
plan . They will provide training for all staff before this new plan is implemented . Included in the
training will be a review of the Language Access Policy and Procedures ; training on utilizing
translation services for written materials , and utilizing currently used language and sign language
interpreter services . Subsequent training of new or existing staff will be the responsibility of the
manager/supervisor .
C . . Training for language access services will include training on LEP services , cultural sensitivity,
and customer service to help staff deliver effective and efficient language access services to our
LEP clients . The training will be delivered via a blended approach, using a variety of tools, such
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as in-person classroom style training, and on- line webmars designed to enhance skills , including
the language skills of our employees .
VII. Bilingual Staff
Orange County has a multi- lingual hiring preference for positions that provide direct, critical
services to LEP clients , these position are advertised to attract bi- lingual candidates . Positions , the
County Manager determines provide direct critical services to the LEP community, may require
that bi- lingual persons serve in those positions . Prior to becoming an Orange County employee , a
candidate shall be tested to ensure that are competent in each required language . Bi- lingual
employees may receive additional remuneration .
VIII. Performance Measurement
Orange County shall conduct an audit of language assistance services on an annual basis . An
audit consists of monitoring, evaluating and updating the Language Access Policy, plan and
procedures as needed .
IX. Language Access Plan
The Department of Human Rights shall develop a Language Access Plan and procedures under
the direction and with the approval of the County Manager . The Language Access Plan and any
procedures shall assist County departments in defining tasks , setting deadlines and priorities ,
assigning responsibility, and allocating the resources necessary to come into or maintaining
compliance with language access requirements . It will also describes how departments will meet
the service delivery standards .
ADDITIONAL DEFINITIONS :
Title VI Compliance Officer : The person or persons responsible for administering compliance with the
Title VI LEP policies .
Substantial number of LEP : 5 % or 1 , 000 people, whichever is smaller, are potential applicants or
recipients of the agency and speak a primary language other than English and have limited English
proficiency .
PROCEDURES :
1 . IDENTIFYING LEP PERSONS AND THEIR LANGUAGE
Orange County will promptly identify the language and communication needs of the LEP person . Staff
will use a language identification card ( or "I speak cards , " provided by the Rural Economic Development
Division (REDD) and LEP posters to determine the language . In addition, when records are kept of past
interactions with individuals or family members , the language used to communicate with the LEP person
will be included as part of the record .
2 . OBTAINING A QUALIFIED INTEPRETER
List the current name, office telephone number, office address and email address of the Title VI
compliance officer :
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Marlyn Valeiko , LEP Specialist
Orange County Human Rights and Relations Department
Phone : 919 -245wII
Email : mvaleikonoran ems, nc . pvv
Office Address : 1000 Corporate Dr, Suite 400
Hillsborough, NC 27278
(Note . The agency must notify the REDD Compliance Office immediately of changes in name
or contact information for the Title VI compliance officer.)
Check all methods that will be used :
❑ Maintaining an accurate and current list showing the language, phone number and hours of
availability of bilingual staff (provide the list) :
® Contacting the appropriate bilingual staff member to interpret, in the event that an interpreter is
needed, if an employee who speaks the needed language is available and is qualified to interpret;
® Obtaining an outside interpreter if a bilingual staff or staff interpreter is not available or does not
speak the needed language .
(Identify the agency (s) name (s) with whom you have contracted or made arrangements)
• American Sign Language : Communication Services for Deaf and Hard of Hearing
• Arabic : Samar Shawa
• Chinese (Mandarin) :
o Cindy Chen
o Daniel Qiao
• Karen : Margaret Toe
• Burmese : Margaret Toe
• Spanish :
o Benjamin Beaton
o Lissette Saca
o Lucia Centeno
o Patricia Nadabar
o Spanish Without Borders
o TILDE Language Justice Cooperative
• Various Languages :
o CHICLE Language Institute
o FLUENT Language Solutions
o Telelanguage
o Refugee Community Partnership (Chin, Karen, Burmese, Kinyamulenge,
Kinyarwanda, Kirundi, Lmgala, Swahili, French)
o United Language Group
❑ Have/has agreed to provide qualified interpreter services . The agency ' s (or agencies ' ) telephone
number( s) is/are (insert number (s)), and the hours of availability are (insert hours) .
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❑ Other (describe)
All staff will he provided notice of this policy and procedure, and staff that may have direct contact
with LEP individuals will he trained in effective communication techniques, including the effective use
of an interpreter.
Some LEP persons may prefer or request to use a family member or friend as an interpreter . However,
family members or friends of the LEP person will not be used as interpreters unless specifically requested
by that individual and after the LEP person has understood that an offer of an interpreter at no charge to
the person has been made by the facility . Such an offer and the response will be documented in the
person ' s file . If the LEP person chooses to use a family member or friend as an interpreter, issues of
competency of interpretation, confidentiality, privacy, and conflict of interest should be considered . If the
family member or friend is not competent or appropriate for any of these reasons , competent interpreter
services will be provided to the LEP person .
Children and other residents will not be used to interpret, in order to ensure confidentiality of information
and accurate communication .
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3 . PROVIDING WRITTEN TRANSLATIONS
i . Orange County will set benchmarks for translation of vital documents into additional languages .
(please ensure to keep records of those documents that apply to your agency)
ii . When translation of vital documents is needed, Orange County will submit documents for
translation into frequently- encountered languages .
ills Facilities will provide translation of other written materials , if needed, as well as written notice of
the availability of translation, free of charge, for LEP individuals .
4 . PROVIDING NOTICE TO LEP PERSONS
Orange County will inform LEP persons of the availability of language assistance, free of charge, by
providing written notice in languages LEP persons will understand . Example : The notification will
include, in the primary language of the applicant/recipient, the following language : IMPORTANT : IF
YOU NEED HELP IN READING THIS , ASK THE AGENCY FOR AN INTERPRETER TO HELP .
AN INTERPRETER IS AVAILABLE FREE OF CHARGE .
All interpreters , translators and other aids needed to comply with this policy shall be provided without
cost to the person being served, and individuals and their families will be informed of the availability of
such assistance free of charge .
At a minimum, notices and signs will be posted and provided in intake areas and other points of entry,
including but not limited to the main lobbies , waiting rooms , etc .
(Include those areas that apply to your agency) .
Notification will also be provided through one or more of the following : outreach documents , telephone
voice mail menus , local newspapers , radio and television stations , and/or community-based organizations
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(Include those that apply to your agency) .
5 . MONITORING LANGUAGE NEEDS AND IMPLEMENTATION
On an ongoing basis , Orange County will assess changes in demographics, types of services or other
needs that may require reevaluation of this policy and its procedures . In addition, Orange County will
regularly assess the efficacy of these procedures , including but not limited to mechanisms for securing
interpreter services , complaints filed by LEP persons , feedback from residents and community
organizations , etc .
I. Compliance Procedures , Reporting and Monitoring
A . Reporting
The agency will complete an annual compliance report and send this report to REDD . (Format will be
supplied by REDD )
B . Monitoring
The agency will complete a self-monitoring report on a quarterly basis , using a standardized reporting
system proposed by the local government . These reports will be maintained and stored by the Title VI
Compliance Officer and will be provided to the REDD upon request .
The agency will cooperate , when requested, with special review by the REDD .
H. Applicant/Recipient Complaints of Discriminatory Treatment
A . Complaints
The agency will provide assistance to LEP individuals who do not speak or write in English if they
indicate that they would like to file a complaint . A complaint will be filed in writing, contain the name
and address of the person filing it or his/her designee and briefly describe the alleged violation of this
policy . The form can be found at https : //www . necommerce . com/documents/cdbg- compliance-plans .
The agency will maintain records of any complaints filed, the date of filing, actions taken and resolution .
The agency will notify the appropriate section within REDD of complaints filed, the date of filing, actions
taken and resolution . This information will be provided within 30 days of resolution .
B . Resolution of Matter
If the matter cannot be resolved by informal means , the individual will be informed of his or her right to
appeal further to REDD . This notice will be provided in the primary language of the individual with
Limited English Proficiency ,
The REDD Compliance Office will conduct an investigation of the allegations of the complaint . The
investigation will afford all interested persons and their representatives, if any, an opportunity to submit
evidence relevant to the complaint .
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The investigation will not exceed 30 days , absent a 15 - day extension for extenuating circumstances .
If the investigation indicates a failure to comply with the Act, the local unit of government, agency
Director or his/her designee will so inform the recipient and the matter will be resolved by informal I'
means whenever possible within 60 days .
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If the matter cannot be resolved by informal means , then the individual will be informed of his or her r
right to appeal further to the Department of Justice . This notice will be provided in the primary language E
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of the individual with Limited English Proficiency .
If not resolved by REDD , then complaint will be forwarded to Department of Justice (DOJ) , Department j
of Housing and Urban Development (HUD ) Field Office .
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SUBMITTED AND ADOPTED BY :
Name of County Manager or Chairman of Board
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Signature of County Manager or Chairman of Board 1%
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Date
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