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HomeMy WebLinkAboutAgenda - 12-03-2001-9dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Dete: December 3, 21101 Actlon Agentla Item No. SUBJECT: County Limbed Enplish Proficiency Policy antl Action Plan DEPARTMENT: Human Rights antl Relations B PUBLIC HEARING: (Y/N) No Purohasing ATTACHMENT (5): INFORMATION CONTACT: Graft Policy Annede M. Moore, ezt. 2254 Draft Action Plan Pamela Jones, eM. 2652 TELEPHONE NUMBERS: Hillsborough ]32.8d6d Chapel Hill 968.0601 Durham 688-7131 Mebane 338.22]-2031 PURPOSE: To consider approvinga pglicy to eliminate or retluce [o the maximum extent possible limitetl English proficiency as a berlier primpediment [p accessing rare services in Orange County Government. BACKGROUND: There has been a dramatic antl repid Influx of new immgrents into Orange County who have Limbed English Proficiency(LEP). For these new community members, language can be a bonier to accessing services or benefae, untleretanding antl exercising their dghte, end other information, which that may leave them vulnerable. Recognizing this,Orenge County has designated eliminating barriers antl access b programs end services to [he LEP wmmunily as an important goal. Additionally, on August 18, 2000, the Presitlem signetl Executive Order 13788. mandating that ell fetleral agencies ensure that they antl [heir recipients Mfederal aid improv ae to services to the LEP population. The attached policy was tlrefted to support the goal antl be in mmplianm with the Executive Ortler antl its policy implementation guidance. The policy as well as the Executive Order provides no new dghts or henefits, bul does clarify existing TRIe VI' responsibilbies and set fodh the steps necessary to ensure "meaningful access' m services by the LEP community. The policy inGUdes information about the types and ways in which language assistance can be provided, when translatbn of vital documents is necessary, itlentitying LEP populaton, notice requirements; outreach to the community, stag training end monitoring. EsOmatatl periods in which the individual elements are achievable are indicated in boltl as appropriem. ' TiOa Vl M IM1e CNII RlgM1ls Acl of 1984 prabibl6 retlpienla INfetle2l (inanci3 assislancefiom Ulaalmineling egainsl r oNerviae exdutl'mg inENlbuals on Oe basis Of rece, wlor, or nelbnal origin in any Tlbeir aclivNes Secllon 6m1 of Ti11e Vl, 43 U.5 C. § 20Wtl. FINANCIAL IMPACT: There is no direct, immediate ilnancial Impact assoGaletl wIN the atlopticn of the propoaetl policy and action plan. However, there will be an untleteiminetl amount of costs associatetl with interyretere, hansletlon of vital tlocuments, and provitling notice to LEP populations. RECOMMENDATION: Tha Managermwmmentlsihal the BCartl approve the proposed policy and action plan. DRAFT Orange County Govemmenl Limitetl English Proficienry (LEP) Policy Orange County Is committed to improving the accessibility of services to persons with Ilmi[etl English proficiency (LEP) and tc developing antl Implementing a system NM gives LEP persons "meaningful access" to Orenge County progrema end services. Purpose To eliminate or retluce to the maximum extent possible limited English proficiency as a bertier or Impediment to accessing core service in Orange County GovemmeM. Background Theis has been a.tllarhatic antl rbpid influx of new immigrenl9 Info Orangs'COUnty who nave Limited English Pryfiiiency (LEP)..For these new community members-language cah be;e bemsr to auessingsemces or benefb,. untlerstantlingantl exemlaing their rights,. antl Mh¢r infortnatwn aM khat may leave them vulne(able. Redbgnaing dlla, Orenge COUnty;M1as tlesignefed el Mlnagng battlers dntl acpess fo progreme afitl semces W theLEP community es en Impo[lapt goal. AddRwnalty, on August-i6 2000 the PiealtleM elgnetl Executive ONeH34fi6, mentleting that all fetlerel:agenaes;i:hsure that lhay.and then reglplpnla of federel aldlrpfgve access to serviceato the LEP pgpulallon The attached policy was.Grafled to suppoldhe goal endbe in dumpltance wkh lde Executive ONer and ds policy lmplEmentahon gwtlencs. The. (iolicy as well as the Executive flMeiprovltles no newnghtstir benetikbut derlfyszfatirigTRle VI' fespdnalbllltiea emtl,eelkdh the steps mecessery to ensdR "meamngfgi BiEess; to sernceeary the LEP'pammgpity; In itlenlityinq the language esaialance initiatives needed Nat ere consistent with the untletlying goal of this policy, B is reasonable to focus on those Departments within Orange County govemmant that have the greatest potendel for inlerec[lon with the LEP population, that Involve vital exchange of Information effecting provisions M service, antl that grant a benefit or imposition of a buNen on the LEP populatbn. Orange County goveminent services can be grouped inb fve categories based generelly on the nature, puryose, and conaequencea Mlheir interaction with the general public end/or LEP populations. (A) Departments whose primary mission is to serve the internal management end administrative needs of County govemmant The iMarection of these Departments with the LEP poWlation ie lnfrequen[and secontlary to servicesthat they perform. (B) Departments whose mission is to service the policy needs MCounty Govemmenl. These Departments either are not depentlant on their interaction wish the public or historical data suggest that they have no sgniflcant involvement whh [he LEP population. ' Tr11e Vl of IM1a Civil RgM1b M of 19fi4 proM1ibils recipients Mfetlerel financial s¢¢islaze ham tllscrMlnaling against r olM1ernise exclutling intlrvidwls on IM1e basis plrecs, rotor, or national orgin in any of IM1eir aclmlies aedion E01 or Title VI, 42 LLS.C. § 3oWtl. 0 (C) Departments whose primary miasbn or focus is the provision of services, informagon, or assistance to thiM parties. These Departments have the potential for serving signiFlCant LEP populations. (D) Departments whose mission or focus is tc serve the legal, investigative, antl policy naetls of County Government in a manner that involves (and In some cases is tlepentlent upon) Interections with the public, including predicable and periotlic intarections with itlenliflatile LEP. (E) Departments whose mission or primary function is [o exercise supervlsbn antl control over special populations known to centein signifimnt numbers of LEP intlivitluals. Criteria: 70 de[ermine wh"at reasonable steps werehecessary to tlevelop a policy g18t ISrovitles LEP persons oath meaningful.awess"to Courtly pmgrere 9nd aen ceaenumtier o[factdrs shoul[I be rEVievietl: Assisting LEP lndNltlual seeking direct County services or benefRS, or where there is potential for the tlirectimposttion ofa burtlen onto the lntlivitluel by the County: • LEP persona should be atlvisetl that they may choose either to eewre the assistance of an interpreter of thelr own choosing, at their own expense, or a County intemreter provided by the relevant DeparlmenLs Documentation that the service was offeretl antl the LEP person's election shobltl be documen[etl In any written record generated with A LEP Oalaon may Oken IWkro a blllnpusl family membMar hlentl or WM1er pefsOn IM1ry are cwnforteblewXb br IBngu@9e assistance, tliere may also ba BiWetlOn 6'I wnlcn a LEP person maywantb rdy On COUnlysupplletl Interpretive seMCes. (Some examples wM1ere u9e ct en IrAivqual's oxm'mrerpeler may be IuelRieE Is Mien an InCIVIOVaI bas b reveal cr tleacriba Infwmetlcn of a smsitlve, ccnLdential, or %Ien1i511y embertassing naWre Slmilatly, instances Mlere a Oepanmenl's interest mayjuetify NBuee of a Countysupplietl'mkrpretet Is where predae, cwnplete or actuate translallon OI Mormalkn Is nestled) 1. Language ACCictance Principle respell b the LEP pereon. (Aehlevable Immetliately. CumeM practice in some critical seMce areas.) • Departments should take reasonable steps to ensure thatlhe interpreter services provided ere only through intlivitluals who are competent to provide interpretive services at a level of fluency, comprehension, antl confidentiality approPria[e b the spedfic naWre, type antl puryoae of Infonnafien at issue. (CumeM prec'tice) • Departments shoultl include, take Into account, neetletl language aaaiatanca measures, In addition to those specifietl in this plan, when changes occur in progrems or services where a failure to tlo so may result in a denial of subslenfielly equal and meaningfully effedlve services to a significant LEP population eervetl by the County. (Achievable immetliately.) • To the maximum extent practical, limned English proficiency shall not act as a bonier or otherwise limit access to vital information, I_e., information publitly available in English ee to when, where, or how to access benefits or services from a Department. 2. Uniform Language Assistance Initiatives o (DepanmenWl plans Tprimplementagon of the /ollAwing assstance measures and timetables whereby Implemenbtion is achievable ere lp be completetl by the antl of February POOY). Each Department ezpedencing a need for language assistance measures shoultl take the following adlon: • Orel Informetlon. Each location accessible to the public a[ which vflal 021 iMOrmatlon is made available (ag., information tlesks or telephone lines, certain reception tlesks orarees, building en[des, etc.) maintainetl or atlminiateretl by a Department Identifietl as warranting language assistance measures will have in place personnel or ienguage assistance resources capable M providing, within e reasonable period of time, information antl/or insWdion in approprate languages otharthen English. Each Department shoultl tlevelopa plan antl timetable for Implementing the following: Have in place at points of public contact bilingual or multi-lingual steR. appropriate translations of commonly requested IMOrtnatlon in wmmonly enmunteretl languages, orprocetlures for ecceaebtelephonic intaryre[ive services° for use by Department personnel. • As appropriate, the written procedures for accessing telephonic language assistance resources will be (1) inaertetl Into every Department telephone book (bath wnhan antl eledronic); (2) postetl or otherwlae readily available (g,g„ through the County Intranet system) at every point of pudic contact; antl (3) tlistributetl to every employee whose tluties routinely indude contact wigs membare of the public. Complete antl tlistdbu[a to each Departmenq county builtling or, ea epproptlete, work group, a listing of staff members assgnetl to that tlepemneM, facility, or work group who have volunteered to provide temporary language assistance services in the wse of en emergency. Name, offiw, physical location, business telephone number, wont hours, language, antl level of Fluency shoultl itlentrfy stag members. °"TelepM1pnk inlerpe4ve servlcea;'awnatlmes rererr lbas'languege lines"Involve Me use INlntwprelers wM1o prm•me euher slmunaneous or ~~aeemne tanslaoon by Mane. Wrriten Msfetlela: Each Department -shall ensure Ne Vanslatloroof 'Wital' wdlfen materials into the language of reguledY encdun[eretl LEP groupseligible lb tie served or to be affeUed by the-Deperbnenl's programs, 'Ykal'rlncldtles but Is noPlimRad to: wrMen noticesof rights, tlenial, lose, or decreases in benafiLS. antl'servtcesi notlces of tlleclplinery. action, consent-and- compldlnffomis; Intake formes application .for partlclpahon in-tleDaMtenf program or activity• and notices advising LEP pereone-qf free language assistance; The term Ydal° tlepentls upon the importance oPtlie program, service mkrma[idn or encounter ibwtvetl Large tlocumenfs may have-0oth vksl and ndn-yRai InfoPnatj6n. Wntterttrenelation. of only vitel'infotihahon rS reouiretll'An appmPHate:'Me of [humti' in da[armrmng vda4lpformatioh Irtatlotglmanl Wat requires bapslaiio~ is; o A Department should provide wntlea hanalation of vlNl doguments [pr each eligible LEP language grodpthat wrtstdules56'or 1,000, Whlchevar Is less,'of [he~pemo¢e elrglble b ~ba-6erVed fit bkely'N be aReUad`pr enmumered. Translation of other documents-,can be pmwded ofegyi o if therH ere fewer Nan 6p:~pelsons„In 2 labguaga group [fief reaches tM1e:5% tAgger, ek¢en tlepartine0ts do not ,1lavB ld trenslate,Yltal mete8als but afioultl ptowde vinHen nptlce In Ne pnmary (anpuageoi Ne LEP (dngUage gmuR of 1lielr fight fo receive comPeteOfol~l trehslabon oYShe wntten -. tedel's, free of cost. {?lea~a ogle Th~applle~dny tdrche wnNen treneleyEg of mformabgry li6viNl tlawmgnN. • Elecbonic Information. Unleae elreetly in place,each Deparment tha[mainfaineaweb page accessible tc members of the general pudic shoultl include infcrmation on the avallablllry of language eeaistence through or by Ne Department. Where dowmenls in languages other than English are plecetl on or accessible through the web page, information an their availability shoultl be Indutletl in [he eppropdate languages on the web home page or other inRiel point of access. • Slgrrage. Where sgnagawithin a publicly-accessible bulltling maintained or atlministered by a Department Is pmvitletl in English, it will also be provltleQ at e minimum and ae soon es reasonably prectlcal, in the Mro most common non- Engllsh languages spoken in the County where, basetl on available date, more than 25 % of the people within Nat language group speak English less than well.° 8ignage in fewer languages is warrented where cumen[ tlemographic tlata establishes that the population potenl'lally servetl by [he Department or taUlily tloes no[ include more than ane language mincdty group Shat satlsfles the 26% Uantlartl. Each Department will tlevelop ealgnege implementation tlmefable IndutlinA, where approPdale, reasonable tleleys neceasitetetl by the lack of current tlata on LEP populations. (8ignage in erkical service arcsa a.9. 088, Health, Register of Deeds, are on-geing pbrsuant to June 5, 2001 Board direetlon.) 3. DepartmentSpedgc LenguaAe Assistance Indiafivea. In atltlltlon to Na undone language Initiatives appllwble to the tlepartment engaging In progams and activities warranting language assistance measures, departments will implement edtlitional language assistance meaeuras warranted by Nelr particular programs, aUivities, entl/or ° "AValleOle tlera" indutlea but is not limiletl to language entl tlemoprapM1ic census infmmatlon petlaining to Orange County. taigeUservice population antl fonvartl themto the Departmeniof Human Rights and Relajibns (HRR) to compile antl foiwaN to (ha County Manageq 4. SYaXT2ining. All employees expected to implement the language assistance Initiatives set out in this Plan shoultl be knowledgeable about (1) the nature and snipe of language assistance services and resources available through their department, antl (2)[he procetlurea through which they may access those sarvicea to assist in the tlischalge of their respective tluties. Each department subject to this Plan will develop a plan antl a timetable for the implementation of folkrvrin9 actions with respect to staff training: 1. Employees whose routine duties inclutle in[emctlons wdh the public will be provided wiN written information on the scope antl nature of available or planned language assistance services antl the specific procetlurea through Wnich such services wn be accessetl a[ the employee's work location. 2. Each department (or, as appropriate, sub-and) will develop antl inwryorete into new employee orientation antllor [raining Programs a module on the nature end ecopa of language assistance services antl the specific procetlurea through which each employee can access those services. 5. Outreach. LEP intlividuals in need of language assiatence services should have reasonable notice of the availability of such seMces. Each tlepartment with significant LEPmntecte shoultl untlertake appropriate written and Orel oufreech efPorls tlesigne0 to alert LEP mmmundles and intlivitluals as to the nature, amps, antl availability of the language assistance services set cut in Nis Plan. In the area of oufreech, each wmponent sublet ro this Plan will take the following actions: • Where documents are available in languages other then English. the English verson will inGUtle a notice of such availability translated into every language in which the dowment is available. • Where tlowmen[s era available for viewing or downlwding lhroughe component web page in languages Omer than English, a tag indicating such avallablltty In each of the languages will be inclutletl on each web pegs- . To the maximum extent possible, departmenLS will s4ive to inform stakeholtler oigenize4ons regaMinq the nature antl snipe of available language assistance services through appropriate oral antl written means. 6. Monilodng. Language assistance plans shoultl be petlodically reassessed tp ensure that the snipe end nature of language esaistance services provitletl under the plan refleG uptlatetl information on relevant LEP populations, [heir language assistance needs, and the Departments ezpedence antler Ne plan. Over the neM Twelve months, each Department subject to this Plan will take the following ecuons to monitorthe efieIXiveness of its language assistance initiatives antl assess [M1e possible need for enhancemenm or modigratlons to those Initiatives: 1. By the antl of the third quarterof the fiscal year, each Depadment will atlvise HRR on the approaches [o be used to assess Department acivties antler this Plan. 2. By the antl of the fiscal year, eacM1 Depadment will eubmR tc HRR the results of Its assessment of its activities under this Pleq together with any proposed motlidcetione to this Plan. Each subsequent year, the Depadment will report the results of its assessment of 14s activities under this Plan within the fremework of such reporting mechanisms, as d deems appropriate. ' 3. 8y the antl of the first quarter of Fiscal Year 2002, after collecting Department aaaeeaments, HRR will forward b the County Manager recommentlations on pmposetl modifications, if any, to this Planfor the remainder of Fiscal Vear 2002 antl beyontl. COUNtY DEPARTMENTS CHtlcal 3ervfees Hi h External Servlcas Internal/External Services Inbrmational Internal Services L EMS Aging BOCC CIeM Environmam BudgAt Heahh Child Support Manager antl Resource Finanra Sodal Economic Personnel Conservation IS Servlces Development Public WOfk$ Engineer County Sheriff Cooperative Purchesing8 Lantl RewMS Attorney EMension Ceniml Services Natural Elections Resource Planning Conservation Housing antl Tsx Assessor Community Development Human Rights antl Relffilons ~ ' Library Parke antl Recreation Register of Deeds Revenue ' Collector Solid Waste Trenepodetion oluFT `Tool Box" for Provltling Services m Limped English Proficiency (LEP) Clients The cemponents listetl below are offeretl as auggesletl tools that tleparMents may use tc acmmmotla[e the neetls of non-English or limited-English speaking clienk. Approaches may vary tlepentling upon specific departmental needs. 1) County Employees Interpreter services may be provitletl through Ccunty employees es folbwa' a) Employee whose primary tluty la to provide interyreter services. Implemente[lon timetable contingent upon funding oT position(s). i) TMs employee may be hired by a single depadment or sharetl among departments who neetl interyreter services for a major poNOn of the working tlay on a tlaily basis. This type of emargement would be recommentled primarily for deperMente who are cetegorized. in the Policy as a provitler of "critical services' antl by the Infonna0on mmpiletl in the departmental surveys, indlcetetl a high need for interyreter services. Departments seeking to add ataH for this function would be subject to the new employee approval cemetl out as part of the annual butlge[ process. b) LimAed interyreter s e providetl by employees on a rotatlonal basis. Implementa8on achievable within fiscal year 2001-2002. i) Departments with bi-lingual employees, who have demonstrated Huency, may padicipets in en interpreter pact. ii) Employees may be sMetluletl tluring certain hour; of iha vreek to receive calls from any COUnty department needing interyreter assistance. This would be particularly advantageous to departmeMS with Infrequent interyreter needs. iii) Call lists coultl be available on the Intranet so a Department neetling imeryreter service could easily access help while the caller was on the line. (Achievable within 80 days) iv) In oNer to experience the least amount of tliamptlon in their regular jab tluties, employees assignetl to cRces (as opposed to Oeld personnel) would be most effective in this capacity. 2) Indepentlent contractors. a) Interpreters would be expaIXetl [o exewte a contract with the County prior to being used for interpreter services. (Current practice) b) Interpretere must prove wmpetency to the Counlys eatishcdon prior to being included on the list of available service provitlere. (Current precOCe) c) A list of inferyretere who may be willing/able b provide interpreter services is centrally maintainetl. (Currently maintained within Deparments. Centrally maintainOtl information achievable by end of February 2005) d) Departments neetling Interpreter services may consult the Ilst and schedule the interpreter as neetlstl. 3) Telephone Interpreter Services. (Such as the AT 8 T service) a) Tha Department of Emergency Management has established an acmun[ for interyreter services through AT 8 T and makes R available to any County Deparment who may choose to utilize if. Departments tleaidng to u[Illze the service shoultl seek information in atlvance frem Dinah Jeffries, Emergency Management Department e[ 968-2050. (Current practice) 4)Spanish•Greeting VOfce Mallboz. (Achievable by and of February 2002) a) A voice mailbox would be establishetl exGUSively for Spanish speaking only clients. Tha greeting woultl be In Spanleh edtl invhe the caller to leave a message so someone coultl cell them bacK within a limiletl period of time (perhspe by [he next business day). Inatmc0ona for calling in case of emergency woultl be part of the voice mail message, so response to true emergencies multl be etltlressetl immetlialely. b) The messages would be picked up antl the Information irensfenetl [o the appropriate service provides Thia could be accomplishetl through current employees who may rotate the service duty and/or an Intlepentlenl mnirector that the County may choose to salad. c) Thls method of communication would be used when no other interpreter services multl be immediately accessetl. Itie designed ea a aefely net for LEP Gienis seeking service, but not as first line communication. 5) Written Protocols antl Training. {Achievable by end of FY 2007-2002) a) It is important that departments establish departmental protocols as it respect how irrtemrder services are to be uHllzetl pursuant to the intlividuel departmental needs. For example, the Health Department will assure themselves that the interpreter retained to interpret metlical informa[lon has tlemonstratetl ability to tlo s9 accurately prior to their being used by the Department To avoid confusion among emplcyeee, these prolocels shoultl be in wrRing and the appropriate departmental personnel [rained to their use. bj Departments seeking examples of policies antl procetlures br interyreter services may wish to mnaider the 'Orange County Health Department Policy and Procedures for Interpreter Services', which is available upon request M [he HeaIM Director's office.