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HomeMy WebLinkAboutAgenda - 11-07-2001-9dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November ], 2601 Argon Age da Item NO. ~_ SUBJECT: County Limitetl English Proficiency Pdicy antl Action Plan DEPARTMENT: Human Rights antl Relations 8 PUBLIC HEARING: r/N) No Purohasing ATTACHMENT (3): INFORMATION CONTACT: Draft Policy Annette M. Moore, ext. 2254 Drag ACdon Plan Pamela JOnes, ext. 2652 TELEPHONE NUMBERS: Hillsborough T32-8181 Chapel HIII 968-0801 DuMam 688•]331 PURPOSE: To consider approving a policy to eliminate or reduce W the maximum extent poealbla limRetl English proficiency es a barrier or impetlimenl N accessing core services in Orange County Government. BACKGROUND: There has been a dramatic end rapid influx of new immigrants info Orange County who have LimRetl English Proficiency(LEP). For these new community members, language wn be a bartier to accessing services or benefirts, understanding end exercising their tlghte. and other infonnetion. which [het may leave [ham vulnerable. Recogn¢ing this. Orange County hoe tleaignatetl eliminating borders and access to programs antl services [c the LEP community as an important goal. Atltlrtionally, on August 16, 2000, Me President signed Exerartive Ober 13166, mandating that all fetlersl agencies ensure that [hey and their recipients of federal aitl improve access to services to the LEP population. The aHached policy was drafted W support the goal and be in compliance w8h the Exeartive ONer and its policy implementation guidance. The policy es well as the Executive Order provitles no new rights or benefits, but does clarify existing Title VP responsibilities and set fodh the steps necessary to ensure "meaningful access'to services by the LEP community. The policy inclutles information about the types antl ways in which language assistants can be provided, when translation of vital documents ie necessary, itlemifying LEP population, notice requirements: outreach to the community, stag Valuing antl monitoring. Estimatetl periotls In which the intlivitlual elements are achievable are intliwtetl in bold as approprie[a. ' Ttle Vl of the Civll Rlgbb M IN 1966 probibils reciplenrs Mfetlerel (inendel eaeiarance from tliaaiminating agave: r otM1erw xdutling Intlivitluals on Ne basis M are, rule, or narlbnal begin In any M rbeir edNlliea Section 6gt W TiOe V1642 LLS G § 2W~. FINANCIAL IMPgGT: There is no tlirect,lmmediate financialimpact associetetl with the adoption of the pmposetl policy antl action plan. However, there will be an untleteimined artroun[ of costs associated with inteipretare, trenalaticn of vital documents, antl provltling notice to LEP papuletiona. RECOMMENDATION: The Manager recommentls that the eoerd approve the propcsetl policy and action plan. DIUPT Orange County Government Llmitetl English Proficiency (LEP) Policy Orange County is oommittetl to improving the accessibility of cervices to persons with limited English proficiency (LEP) and to developing antl implementing a system that gives LEP persons "meaningful access" to Orenge County progreme and services. Purpose To eliminate or reduce b me maximum extent posslGle limitetl English proFldency as a homer or impetliment is accessing mre service in Orange County Govemment. 8ackgrountl There has been atlremehc antl rapltl Influx of new immigianS lmo OrengeCgunrywhd have Limited English.Profldency (LEPj. Forihsse new wmmuniry members language can bee tianier to accessingservices or benefits, urderstantling antl exemASirg their rghts, antl mher Infortnetpn antl that may leave them vulnereble. Remgnivngthis, Orenge.Cquntyhas tlesignatedeliminalGg paMers antl guess to programs andservlces to.Ne LEP community as animpgRanigoal. Atltligpnally.-On.Augum 16,:2000; the Presitlem signed ExecutNeOMer 131 B6; mantlatirg thai al6federel agenciesensure thaLtheyantl their retiplem3 of federel aid improve access b aeMcea ro the LEPpopulellon:-. The aRachetlpollcy waedretted to support thegdal and be in compliance wghihe FF,cecullve OMerantl Its policy implementation guitlanw.-The policy as well es gie Executive ONer provides no new nghts or benefits but clarify existing Title VC reepbnslbflMes end aejfoM the steps aeceaeery to enetire'meamngtul arcess'to services by the LEP mmmdnlN'. In identifying the language assistance indiegves needed that ere conaiafem with the underlying goal of thle policy, h la reasonable to focus on those Departments within Omnge County government Nat have the greatest potential far interaction with the LEP population, that involve vital exchange of information affecting provisions Of service, and that grsnt a benefit or impnaiNOn m s human on the LEP population. Orange County government services can be groupetl inb flue categories basetl generelly on the natum,pumose, and wnsequences miheir interaction with the general public andlpr LEP populations. (A) Departments whose primary mission is lc serve the In[emal management and atlminishative neetls of County government. The interedion of these Departments whh the LEP population is infrequent and secondary to services that they perform. (B) Depanmenm whose mission Is to service the policy neetls m County Govemment. These Departments either are not dependant on their in[eracflon with the public or historical data suggest that [hey have no signiFlCant involvement with the LEP populatien. Tirle VI of IM1e Civil RiOhb Ad ^(1066 proni0lra renpients Mrederal fnancisl amislanw (rwn discliminaling against or oGlerwise exclutling Intlividuela on Ne basis of raw, cola, wwtimel arlgln In any of tM1elradlvXka Section fAt of Title VI, 42 V.SL. § 2W6d. y (CJ Departments whose primary missicn or focus is the provision of services, information, or assistance to thirtl parties. These Departmentshave the potential for serving sign~cenf LEP populations. (D)Depertments whose mission or focus is to serve the legal, Investigative, antl policy neetls of County Government in a manner that Involves (and in some cease is tlepentlent upon) interactions wtth the public, including predictable and pedotlic interadionswith itlaMiFlebIa LEP. (E) Departments whose mission or primary function is to eneroise supervision and control over special populations known to mnfain aigniFlcanl numbers of LEP intlivitluals. Crlterla: To determ ne whet seasonable steps wet necessary t0 develop: aPolirytheCprovibea LEP persona wrth'meapingful access'to County programs antl services a numtierof haMOre should 6ereJiewetl,: Assisting LEP intlivitlual seeking direct County services or benefits, or where there is potential for the direct imposdion of a buNen onto the individual by the County: • LEP persons should be advisetl that they may choose either to secure the assistance of en interpreter of their awn choosing, at their own expense, or a County interpreter provitled by the relevant DepartmenLa Doamentetion that the service was offered end the LEP person's election should be tlocumentetl in any written record generetetl with ° A LEP person may Ofl¢n IMk IO ¢ bilinguBl family memb¢r p fii¢p0 or oNer perem Nay ere mmfOrlable with fw language assistance, Mere may alw Ee slluatlon In wMCM1 a LEP persm may want la rely pn County-suppfetl interpretive services. (Some exampleswbere use of an InOiNOUSI'S own Inlegreter may tle(uslXletl Is wpen an intlivitlusl M1sa to reveal or tlascdbe'mfo~mallon ola aermNVe, wnFltlenlisl, or palanlislly embarrassing naNre aimllatly, inardnces Vfi¢re a p¢parlmenea Interest mayfusfi(y the use pf a Cpunty aupplietl Inlerpreler Is where predse, swnplele oracarale Vanslatlm or Infwmelion is nceEeO 1. Language Assistance Principle r respect tothe LEP person. .(Achievable immediately. Currentprec4ce in soma critical service areas.) • Departments shoultl take reasonable steps to ensure that the interpreter services pmvitletl are onlyNmugh intlvitluals who are cempetenl to provitle inmrpretive services of a level of fluency, comprehension, and confitlentislily approprale [o the apecGc nature, type and purpose of information at issue. (Current pmclice) • Departments shoultl inclutle, take into account, neetletl language assistance measures, In atltlnion to those speclfled In this plan, when changes occur in progrems or services where a failure M do so may result in a tlenial of subslaMially equal and meaningfully effective services b a aignificeM lEP population eervetl by the Counry. (ychievable immediately.) • To the maximum extent prectkal, limitetl English proficiency shall not act ese hemeror othervriee limit access to vital Infafinetion,~, infortnetion publicly available in English as to when, where, or how to amiss benefds or services from a Department. 2. Uniform Language Assistance Initiatives o (Departmental plena forlmplemenfatlon of Nefollowing asaisbnee measures antl timetables whereby implementa0on is achievable are to be completetl by fha antl of February 2002). Each Department experiencing a neetl for language assistance measures shoultl take the following emion: • Orel Information. Each location accessible to the public at which vital Orel information is matle available(a1c., information tlesks or telephone lines, ceRain reception desks orareas, building entries, etc.) maintained or atlministeretl Cy e Department identifietl as warranting language assistance measures will have In place personnel or language assistance resources capade of providing, within a reasonable pedotl of time, information antl/pr instmdion in appmpdate languages other then English. Each Department ehpuk tlevelop a plan antl timetable for implementing the following: Have In place at points of public con[ad bilingual or multilingual staff, appropriate translations of commonly requestetl infortnetion in commonly encounteretl languages, or precetlures for access to telephonb Interpre[tve servlces° for use by Department personnel. • As approptla[e, the wtltten procedures for accessing telephonic language assls+ance resources will be (1 J insertetl inb every Department telephone book (both wdlfen antl electronic); (2) pometl or othenvlse readily evalleble (gy, through the Counry Intranet system) a[ every polo[ of public cmrHacp antl (3) tliatributetl to every employee whose tluties mu0nely inrAUtle contact wOh members of the public. Complete and distribute tp each Department, county building or, es approprale, work group, a listing W stag members assigned [o that department, hcility, or work group who have volunleeretl to pmvlde temporary language assistance services in the rase of an emergency. Name, oNce, physical location, business telephone numbeq work houre, language, and level of fluency shoultl Itlentlly stag members. "'ielepM1On InYePrcOVe services,"samellm sreferetl to ee'1eYqueBelines"Involve Ne use Minlerprefers wM1o pmviUe ellM1er aimulfenaous or conseafive lanslaflon Oy phone. Willem Materials. Each Departmentshall'ensure the trensletion of Yital"written • materiels into the language of regularly enwuntered LEP groups eligible lobe served or to tie affected by the Depadment5 progrms,:::"Vital` includes but is not limitetl b: wnlten notlce¢ofnghk,aeniel, lose; Or deaeseas In beneRts and seriws; notices of diwiplineryedtlom; wnsent antl!complaimt forms: intake foime;appliwfion for padlcipation in department' pmgmm or ectivity;.and notices atlvlsingLEP perspns: of heeJanguage eeelafance; The tarot "vital" depends uppotheampodance'of the program; service mformetion for enco¢nter InvbN¢d Lalge:documen[s may have both vtlal antl'eoh--vital Information. 1Vntten trenslatioaiof Doty vital ibfortneaoe srequiretl. An approprale "rule of thumb":in detemunimg yitaltmfortna[lon In a:dodumenl (hat requires trenslation ie: o A Depadmenl shoutl provlGe wrtttenttensladon of vital tlocuments fo( each ellglbleiEP Iaanguage gbupthal wnsYWtes.5ya or 1 Ogg. whichever le leas. pf the persons ¢Ilglble~. tttl be served or likely b 5e aRected-or eircoun[eretl. Translatiamof oNer tlppurtlenta can be provltletl.orally; o If theresie Fewer [Kan 6D:person3 m s language grouR That=reachesthe 5% trigger IfJ"en tlepartments rib not bave.lo- lrenslate mtel mei_anale but should promEe w{itten nbhcfl In thapnmeylanguage of the LF~ language group o[ thep right w receive wmpetedl pf91 translafioRONhe wntt¢n iriafeiiets; flee of cDE[. E Please note: Thl9. eppllse balytb the written tran@laflpp of Inlortnaaorovi,mfal tlownien[s. Electronic Information. Unless already in place. sash Department that maintains a web page aweeaible to membere of the generel public should indutle Information on the availability of language assistance thrwgh or by the Depadmenl Where tlocuments in languages other then English ere placed on or accessible through the web page, infortnetlon on their availability ahoultl be inclutletl in the appropriate languages on the web home page or omer indial point of access. • Signage. Wheresignage wthin apubliGy-accessible building maintainetl or administered by a Department is provitletl in English, i[ will also be provltled, at a minimum and as soon as reasonably practical, in the lwc rtwst wmmon non- English languages spoken in the County where, basetl on available tlete, mare than 25 % of the people within that language group speak English less then well.` Signage in fewer languages is warantetl where current tlemograpMC tlata es[abllshes that the population potentially served by the Depadmenl or facility does not inGUtle more than one language minority group that satisfies the 25% atandaN. Each Department will tlevelop a signage implementation timetable Including, where appropriate, reasonable tlelays newsshaletl by the IaGC of current tlata on LEP populations. (Signage in critical service areas a.g. D55, Health, Register o1 Deeds, are on-going pureuanl to June 5, 2001 Bpartl tlirectionJ 3. Department-Specific Language Assistance Inrfiatives. In addition to the unJOrtn language Initiatives applicahle to the tlepartment engaging in programs antl activities warrenting language assistance measures, departments will implement additional language assistance measures warrentetl bytheir particular programs, activities, antllor "'hvelleUla Oe@- IOClutles but Is not Ilmltetl m IenBuaBe antl tlemopraPbla census Inbrma~lon penalning w Omn9e County. fargeVService population antl fdrtiartl thembthe Department of Human Rights antl Relations (HRR) b compile end forwent to the County Menagac 4. SfaXTreining. All emplcyeas expectetl to implement the language eeeiatance inkie[fvea sat out in this Plan shoultl be knowletlgeable about (t) the nature antl scope of language assistance services and reaoumas available through their depedtrrarrl. end (2j the procedures (hmugh which they may access those services to assist in the discharge o{their respective duties. Each deparbnent subled fo this Plan will davelopa plan andatimetable for the implementation of following actions with respect to staff training: L Employees whose routine duties include interactions wRh the public will be provitled with wdtten Infornaflon on the snipe antl nature of avallable or plannetl language assistance services antl the specific procedures through which such services can be accessetl at [he employee's woB lowgon. 2. Each deperMeM (or, as appropriate, sub-unit) will tlevelop antl incorporate Into new employee orientation antllor Veining prog2ms a module on the naure antl scope of language assistance services antl the specific procetlures through which each employes can access [hose services. 5. Outreach. LEP individuals in need of language assistance services shoultl have reaeoneble notice of the availabiltty of such services. Each tlepartmen(whh sign can[ LEP wnfacla shoultl undertake appropriate written antl oral outreach efforts tlesgned to alert LEP communkies antl intlivitluals as to the nature, scope, antl availability of the language assistance sarvicea set out in this Plan. In the area of outeach, each component subject to this Plan will take the following actions'. VJheretlowmen4 are avallable In languages otherthan English, the English version will inclutle a notice of such availability trenslatetl into every language In which the tlocumen[ is available. • VJhare dowments are evailablefor viewing or tlownloatling throughacemponent web page in languages otherthan English, a tag intlicating such availability in each of the languages will be inclutletl on each web page. • To the maximum extent possible, Deparments will strive W inform sfakeholtler organizations regartling the nature antl scope of available language assistance services through apProphale crel antl wdtten means. 8. Monifonng. Language assistance plane should be pedatlically reassessetl to ensure that [he swpe end nature of lerguege assistance services provitletl antler the plan reflect uptlatetl information on relevant LEP populations, their language assistance neetls, antl the Departments experience under the plan. Over the next twelve months, each Department subject to this Plan will take the fallowing actions to monkor the effeIXlveness of ifs language ssiefanca inRietivea and assess the possible neetl for enhancements or motlificetions to those initiatives: 1. ey[he end of the(hirtl quarter ofthe fiscal year, each Department will advise HRR On [he apprcaches to be used to assess Department activltles antler this Plan. 2. By the end of the fiscal year, each Department will submit to HRR the results rf ifs assessment of its adivNes antler [hie Plan, together with any proposetl motlifcations to this Plan. Each subsequent year, the Department will report the results of its assessment of iLS activities under this Plen within [he fremework of each reporting mechanisms, es k deems appropriate. 3. eythe antl of the Orst quarter of Fiscal Year 2002, after collecting Department assessments, HRR will fonvaN to the County Manager rewmmendadcns on proposetl modifications, d any, [o this Plan for [he remaintler of Fiscal Year 2002 antl beyontl. COUNTY DEPARTMENTS Critical Servieee Hi h External Services In[emal/External Services IMOmta0onal Internal Services Low EMS Aging BOGG Glerk Environment Butlgat Health Ghiltl Support Meneger antl Resouroe Finance Saclal Economic Personnel Conservation IS Services Development Public Works Engineer County Sheriff Cooperedve Puroheelhg & Lantl RecoMe Attorney E#ension Cenirel Services NaWrel Elections Resource Planning Conservation Housing antl Tax Assessor Community Development Human Rights and Relations Library Parks antl Recreation Register of Deeds Revenue Collector Solltl Waste Transportation 1d3:1m "Tool Box" for Providing Services to Limped English Pmflclency (LEP) Clients The components Ils[etl below are offered es sugges[etl tools [he[ tlepartmenb may use to accommotlate the needs of non-English or limitetl-English speaking clients. Approaches may very tlapantling upon specific tlepertmerual neetls. 1) County Employees Interpreter services may be providetl through County employees as follows: e) Employee whose primary duty is tc provide interpreter services. Implemenm[lon dmetable congngent upon footling of position(s). i) This employee may be hired by a single department or shared among departments who need interprefar services for a major portion of the working day on a tlaily basis. This type of arrengement would be recommentletl primatlly for departments who are rategodzetl in the Policy as a provitler Of 'crRical Services' and by the information compiled in the departmental surveys, indicated a high neetl far interyreter services. Departments seeking to atltl staff for this ipnedon would be subject to the new employee approval carded out as part of the annual butlget process. b) Limdetl inierpreter services provitled by employees on a rotational basis. Implementation achievable wlthln Oscal year 2001-2002. i) Depadments wkh b4lingual employees, who have tlemonstreletl fluency, may participate in an interpreter pool. ii) Employees may be schetluled tluring certain hours of the week to receive rolls from any County department needing interpreter asaialence. This would be particulatly etlventegeoua [o departments with infrequent interpreter neetls. iiiJ Call lists coultl be available on the Intranet so a DepadmeM needing intemreter service could easily access help while the caller wee on the line. (Achievable wlthln 60 tlays) W) In order to expectance the least amount of disrup0on in their regular job duties, employees assignetl to offices (as opposed to field personnel) would be moat effective in this capacity. 2) Indepentlent contractors. a) Interpreters woultl be expected ro execute a contract whh the County pdor W being used for interpreter services. (CUment practice) b) Intemeters must prove competency to the County's satisfaction poor N being included on the list of available service providers. (Currant precflrs) c) A list of interpreters who may be willinglebla to provitle intemreter services is centrally mainminetl. (Currently maintained within deparbnenls. Centrally meinWinetl information achievable M end of February 2002) tl) Departments needing imeryreier services may wnsult [he list and schedule the interpreter as neetletl. 3) Telephone Interpreter Services. (Such es the AT &TServlee) a) The Department of Emergency Management hsa eetabliahed an account for interpreter services through AT & T antl makes i[ avatlable to any County tlepartmenf who may choose to utilize 0. Departments desiring to utilize the service shoultl seek information In advance from Dinah Jeifdes, Emergency Management Department a[ 988-2050. (CUment practice) 4) 3panishGreeting Voice Mailbox. (Achievable by antl of February 2002) a) A voice mailbox would be asteblishetl exclusively for Spanish apeaking only Glente- The greeting would be in Spanish antl invite the caller to leave a message so someone court call them back wbhin a limited periotl pf time (perhaps by the next bueineee day). Instructions for calling in case of emergenq would be pad of the voice mail message, so response [c tme emergencies coultl be adtlressetl immediately: b) The messages would be picked up end Me irdortna0on treneferretl to the appropriate service provitler. This coultl be accomplishetl through cmren[ employees who may rotate the service duty antl/or an independent contrector that the County may choose to seleG. c) Thia methotl of communication woultl be usetl when no other in[eryreter services could be Immetllately accessetl. I[ Is deslgnetl as a safety net for LEP dlents seeking service, Cut not as fretline wmmunication. S) WriHen Protocols antl Treinirp. (Achievable by antl of FY 2001-2002) a) It is important that departments establish departmental protocols as it respects how intepreter services ere tm be utilized pursuant to the individual departmental neetls. For example, the Health Department will assure themaelvee that the Interpreter retelnetl [o interpret medical information has tlemonstratetl ability to do so a¢uretely prior to their being used by the Department To avoid contusion among employees, these protocols shoultl be in writing and the appropriate tlepertmentel personnel trelnetl to their use. b) Depadments seeking examples of pclicies antl procetlures far interpreter services may wish to coneidar the "Drenge County Heahh Depatment Policy and Procetlures for Interpreter Services", which is available upon request to the Health Dire Mr'e oifics.