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HomeMy WebLinkAboutAgenda - 12-11-2001-9dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Dale: December 11, 2001 Action Agenda Item No. R_A SUBJECT: County Limited English PmOciency Policy and Action Plan DEPARTMENT: Human Rights and Relations 8 PUBLIC HEARING: (YM) No Purchasing ATTACHMENT (S): - INFORMATION CONTACT: Draft Policy Annetta M-Moore, ex[. 2254 Dmft Action Plan Pamela Jonea, a#. 2652 TELEPHONE NUMBERS: Hillsborough ]3]-0161 Chapel Hill 966-0501 Durham 688-7331 Mebane 336-22T-2031 PURPOSE: Tc mneitlar approvinga policym eliminate or reduce to the maximum eaem possible limited English pro0ciency as a barier or impediment to accessing core services In Orange County Government. BACKGROUND: There has been a dramatic and rapid influx of new immigrants into Orange County who have Limited English Pro0ciency(LEP). For these new community members, language can be a barrier to accessing services or bene0ts, untleretantling and exercising their rights, and other information, which that may leave them vulnereble. Recognizing this, Orange County has designated eliminating bamers and access to progrema end aervicea to the LEP cemmunhy as an important goal. Atltlitionally, on August 16, 2000, the President signed Executive Ober 13166, mandating that all fsdarel agenues ensure that they and their recipients of fetlerel aid Improve access to serviceato the LEP population The attached policy was drafted to support the goal and be in compliance with[he Executive Ober and ifs policy implementation guidance. The policy as well as the Executive Order provides no new rights or bene0ts, but does cledty existing Tile VI' responsibilRies and se[forth the steps necessary to ensure "meaningful access" to services by the LEP wmmunlty. The policy inclutlas information about the types and ways in which language assistance can be provided, when translation of vital documents Is necessary, identifying LEP population, notice requirements; outreach to the community, staff [reining and monhoring. Estimated periods in which the individual elements are achievable are indicated In bold as appropriate. title vl MtM1e eloll Rlgnts AM of ta64 pmM1ibi6 rxipien6 oReaerzl flnanclal assistance rmm Jlactlmineling egalnsl r oNerx xdutllnp lnSVlOUals on the basis of retie. ooloq or relional origin any of Nelr acllvltles 9ectlon 669 arrltle vl. azeuse. § z666a. FINANCIALIMPACT: There is no tlired, immetliate fnencialimpact associatetl with the adoption of the proposed policy and action plan. However, there wlll bean undetermined amount cf coats associated with interpreters, translation of vital documents, and providing nMice to LEP populations. RECOMMENDATION: The Manager recommends that the Boak approve the proposetl policy end action plan. DRAFT Orange County Gevemmant Limitetl English Profcienry (LEP) Policy Orenge County is commiltetl fo improving the accessibility of services [o persons with limited English progclency (LEP) entl [o developing end Implementing a system that gives LEP persons "meaningful access" to Orange County programs and services. Purpo44 To eliminate or reduce b the maximum ezfent possible limited English p~ciency es a bonier or impetllment to amassing core service In Orange County Government. Background There has beena dramahc and-rapid inFlux of new immigrantsinto Orange County who have Limited EngliaM1 Proficiency (LEP} For lhaae new bommudiry membere language can boa bamer W accessing aerviceabr benefRS, understanding entl exercising their rights, entl other information andthat may leave them vulnerable.. Recognizing this, Orange County has designated eliminating baniers andaccess to progremaand aervicee td the LER.wmmunity as an important goal. Add'Rbnally, on August 10, 2000, the Presitlent signetl Executlve Ober 13166, mandating that all fetlerel agencies ensure that they entl their recipients of~fetleral aitl improve access to services to the LEP population. The attachetl policy was tlreRetl [o support [he goal endbe in mmpliance with the EZecutive Ober entl its policy lmplementafion guitlance. The policy as well as4he Ezewtlve Orderprovitles no new rights or beneR[3 but clarify existing Title VI" responsibilities entl set forth the steps necessary b ensure,"meaningful eccesa" to services by the LEP community. In itlentifying [he language assistance Initiatives needed that are consistent wdh the undetlying goal of this policy, h is reasonable to focus on [hose Osparbnenta witMn Orenge County government that have [he greaten potential for Interaction with the LEP population, that involve vial exchange of Information affecting provisions of service, and that grant a benefit or imposition of a burtlen on the LEP population. Orange County govemment services can be groupetl into fve categories basetl generally on the nature, purpose, entl consequences of their interaction with the generel public antllor LEP populations. (A) Departments whose primary mission is to serve the internal management entl atlministrative needs of County government The interaction of these Departments with the LEP population is infrequent and sewndary to services that they perform. (tlJ Departments whose mission is to service the policy neetls of County Government. These Departments either ere not dependant on their interaction with the public er historical data suggest that they have no signifcant involvement with the LEP population. 'Tice Vl of the Civil RigM1k lm: of 1gCd probibils reci0ients of letleral finandel aealelenca from diecrlmineting egainat r oNerwlse evduEing InENIEUaIS on the ba66 of 2ca, wloq or nafional origin In any of rher actvWes 6ecron Bm1 of Tlrle VI, 42 US.C. § 2000tl. o (C) Departments whose primary mission or LOCUS is the provision of services, information, or assistance [o thlN parties. These Departments have the potential for serving significant LEP populations. (D)Depadments whose mission or focus is m serve the legal, investigative, antl policy needs of County Government in a manner that involves (antl in some cease is dependent upon) interadiona wkh the public. including predictable and periotllc interactions with itlentifiable LEP. (E) Departments whose mission or primary function is to exercise supervision antl control over special poPUlations known to contain significant numbers of LEP intlivitluals. Criteria: To tlelermine. what reasonable steps were necessary to develop a policy that provides LEP persons with "meaningful access" [o County prdgiema antl services a number of factors should be reviewed: Assisting LEP intlivitlusl aeeking tlirem County services or benefits, ar where there is potential for the direct jmposition of a burtlen onto the individual by the County: • LEP persons shoultl be atlvised that they may choose either to secure the assistance of an Interpreter of their awn choosing, at their. own expense, or a County Interyreler provided by the relevant Department' Documentation that the service was offered end the LEP person's election shoultl be tlocumen[etl in any written record generated with ' A LEP person may often look rn a bllingual lamly rnambar or frlentl or Omer person tneV are comfortable wirM1 (or language asslsGnce, Mere may also beslmeOOn In wbiCba LEP person maywant[o rely on COUntyeupplle0 - mtemrerme serviaaa. isoma avamvles wnare use of en inalvlauavs awn --mtemreter may de iustmea is wnsn an Inaivitlual M1as to rweel or tlaecrlpe Informaton M a sensitive, wnfitlential or polentlally embeneasing nature Sim-stly, InstenCes wM1ere a Oepanmenl's interest mayjueNy Me use of a County-supplletl intcrpreler Is wbere precise, complete or acwraYe tanalefmn or Information is nestled) t Language Assistance Principle respect to the LEP person. (Achievable immetllately. Current pmctlce In some crltlcal service areas.) Departments should take reasonable stepsto ensure that the interpreter services provitletl are only through individuals who are competent to provide'mterpretive services at a level of Fluency, wmprehension, antl confltlentiality appropriate to the speGFlC nature, NPe and purpose of information at issue. (Current practice) • Departments shoultl inclutle, lake into account, needetl language assistance measures, in atltlition to nose specifletl in this plan, when changes occur in programs or services where a failure to tlo so may result in a tlenial of substantially equal antl meaningfully effective services to a significant LEP population servetl by the Geunty. (Achievable immediately.) To the maximum extent practical, limited English proficiency shall net ad as a barrier or otherwise limn access to vital informatioq ie., information publiGy available in English as to when, where, or how to access benefls or services from a Department. 2. Uniform Language Assistance Initiatives o (Departmental plans for implementation of the following assistance measures and timetables whereby implementaton la achievable are to be wmpletetl by [he end a( February 2002). Each Department expedenGng a neetl for language assistance measures should take the following action: Oral Information. Each location accessible fo the public of which vital oral information is made available (ep„ information desks or telephone lines, remain receptlon desks or areas, builtling entries, efcJ maintainetl or administered by a Department identifed as warranting language assistance measures will have in place personnel or language assistance resouroes capable of provitling, within a reasonable period of time, information antllor ins(mction In appropriate languages other than English. Each Department should develop a plan antl timetable for implementing the following: Have in place a[ points of public mntaG bilingual or multi-lingual staff, appropriate translations of commonly requested information in commonly encountered languages, or procedures for access to telephonic interpretive services° for use by Department personnel. As appropriate, the written procedures for accessing telephonic language sistanca reauuroea will be (1) inaertetl into every Department telephone book (both written antl electronic); (2) postetl or otherwise reatlily available (S, through the County intranef system) at every point of public wntacC, and (3) tlistribuletl to every employee whose dufiea routinely include contact with members of the public. Complete antl distribute to each Department, county building or, as appropdate, work group, a listing of stall members assgned to that tlepadment, facility, or work group who have volunteered to provide temporary language assistance services in the case of en emergency. Name, office, physical locffiioq business telephone number, work hours, language, antl level of fluency should identity staff members. ' "Teiephomc Inleryretive seMCes;'s metirnas rn(nrtetl to as'language Imes' involve Ne use U Inleryretere wM1o provma eimer:imwraoeoaa or roaa~wwe rasslanon ey pnone. • Written Materials. Each Department shall ensure the translation of "vital" wrMen metetlals Into the language of regulatly encounteretl LEP groups eligible to be servetl or to be aRected by the Department's pmg2ma `Vital" indutles but is not limhetl to: written notices of rights, tlenial, loss, or decreases in benefits antl services; notices of disciplinary ac?ion; .consent antl complain[' forme; .intake forma; application for participation in department' progrem or activity; antl notices atlvising LEP persons of free language assistance. The lens Yital" tlepanda upon the importance of the pmgrem, service, information or encounter involvetl. Large documents may have bath vital antl non-vital information. Written translation of only vitakinformafion is.. requiretl. An appropriate "role of thumb" In tle[ermining vital Infoimb0on to a tlddument that requires translation is: o A Department shoultl provide written trenslation of vital documents Yor each eligible LEP language group the[ dohstl[utes 5% or 1,000, whichever is ]ass; of the ;peispns el gable te.. be servetl 'br likely to be aRected orencouriteretl. Tradslatlon of other ddcdmenis ran be pmvitletl orally; a If. thereare fewer than 50 pereona id's language group Ne[ readhesthe 5% tiiggeq'ihea tlepatlments tlonot haveto tianalate vital meterlels but shoultl provide written-notice in the primary language of the LEP languagegroup of their right tb receive dgmpe[errt oral translation, oithe wrilfan materials, free of cost, Please note::This applies ohlylp the written trehslatiori d(iriformation in vital tlecuments. ElecVOnic lnhnnafion. Unless already in place, each Depadmentihat maintainsaweb page accessible to members of [he general public should include information on the availability of language assistance mmugh or by [he Department Where documents in languages other than English are placatl on or accessible through the web page, information on their avallablllty shoultl be inclutletl in the appropriate languages on the web home page or other initial point of access. ' Signage. Where Signage within a publidy-accessible building maintained or administeretl by a Department is pmvitletl in English, it will also be provided, a[ a minimum and as soon as reasonably practical, in [he ttvo most common non- English languages spoken in the Gcunty where, basetl on available data, more than 25%ofthe people whhin that language group speak English less than well` Signage in fewer languages is wartantetl where currant demographic data establishes that the population potentially servetl by [he Department or facility does not include more than one language minority group tha[satismes the 25% stantlaN. Each Department willdevelop a Signage implementation timetable including, where appropriate, reasonable Eelays necessitated by the lack of current tlata on LEP populations. (Signage in crkldal service areas e.g. DSS, Health, Register of Deetls, aro ongoing pursuant to June 5, 2001 BOard diredion.)_ 3. Department-Specific Language Assistance Indlefives. In adtli[ion to the uniform language initiatives applicable fo the department engaging in programs and activities warrenting language assistance measures, depadmenta will implement atltlitional language assistance measures warranted by their particular programs, activities, andlor °'AVailable tlata' Indudea but is not nmitctl to language antl dempgrapniC Census Inlormeaon pertaining to Orange county. targeyservice population antl fonvartl them to the Department of Human RigMS antl Relations (HRR) to compile and forwaN fo the County Manager. 4. SYafl Training. All employees expec[etl to implement the language assistance initiatives set cut in this Plan shoultl be kncwletlgeable about (1j Ne nature antl snipe of language assisrance services and resources available through Neir department, antl (2) the prccetlures through which they may access those services to assist in the discharge of their respective tluties. Each Deparment subject to this Plen will develop a plan antl a timetable for the implementation of following adicns with respell to sfaR training: 1. Employees whose routine duties include interactions wRh the public will be provided with written information on the scope and nature of available or planned language assistance services and the specifc prccetlures Nrough which such services can be accessed at the employee's work location. 2. Each department (oq as appropdate, sub-unit) will develop antl inwrpcmte into new employee orientation end/cr training programs a module on Ne nature and scope of language assistance services antl [he specific prccetlures through wM1ich each employee can awzss those services. 5. Ou(nsach. LEP individuals in neetl of language assistance services shoultl have reasonable notice cf the availability of such serviws. Each department with slgnlficeM LEP wntacts ahcultl untlertake appropriate written and cal outreach efforts tlesigned to alert LEP communities antl individuals as to [he nature, swpe, and availability of the language assistance services set out in Nis Plan. In the area of outreach, each component subject to this Plan will take the following actions. • Where tlocuments are available in languages other than English, the English version will Include a notice of such availability translatatl into every language in which the tlocument is available. • Where tlocuments are available for viewing or downloatling fhroughacemponent web page in languages other than English, a tag intlicating such availability in each of the languages will be'mclutletl on each web page. • To the maximum extentpossible, Departments will strive to inform stakeholder organizations regarding the nature and scope of available language assistance services through appropdate oral and written means. 6. Mondaring. Language assistance plans shoultl be pericdiwlly reassessed tc ensure Nat the snipe and nature cf language assistance services providetl under the plan reflect uptlatetl 'information on relevant LEP populations, their language assistance neetls, and the Departments expectance under the plan. Over Ne next twelve months, each Department sublect fo this Plan will take the following actions to monitor [he effectiveness of its language assistance initiatives and assess the possible need for enhancements or modifications to Nose indietivaa_ 1. By the end of thethiN quarter of Nefiscal year, each Department will atlvise HRR On the approaches to be usetl to assess Department activities under [his Plan. 2. By the end of the fiscal year, each Department will submhto HRR the results of its assessment of its actvitles under this Plan, together with any proposed motlificatlons m this Plan. Each subsequent yeeq the Department will repod the results of its assessment of its activities under this Plan within the framework of such reporting mechanisms, as it tleems approptlate. 3. By the end of the firs[quarter of Fiscal Year2002, after collecting Department assessments, HRR will fcrwartl to the County Manager rewmmendations on proposed motlifications, if any, to this Plen for [he remaintler of Fiscal Vear 2002 end beyond. CODNTY DEPARTMENTS Critical Sarvlces Hi h External Sarvlces InternallExtemal. Services Informational Internal Services Low EMS Aging BOCC Clerk Environment Budget Health Chiltl Suppcd Manager and Resource Finance Social Ewnomic Personnel Conservation IS Services Development Public Works. Engineer County SheriR Cooperative Purchasing & Land RecoNs Attomay Extension Central Services Natural Elections Resource Planning Conservaton Hcusing and Tan Assessor Communiry ' Development Human Rights antl Relations Library Parks and Recreation Register of Deeds Revenue Golledor Solitl Waste Transportation Dr:AFT "Tool Box' for Providing Services to Limited English ProOclency (LEP) Cllen[s The components listed below are oReretl as suggested tools Met departments may use to accommodate the needs of non-English or IimdebEnglish speaking diems. Approaches may vary depending upon specific departmental needs. i) County Employees Interpreter services may be provitletl fM1rougM1 County employees as follows: a) Employee whose primary duty is to provide interpreter services. Implementation [imeMble con[Ingent upon footling of position(s). i) This employee may be hired by a single department or shared anang tleperMenta who need intemreter services for a motor portion of [he working day on a daily basis. This type of arrangement would be remmmentletl pdmadly for departments who are categorized in Me Policy as a provider of "critical services' and by the information compiled in the departmental surveys, indicated a high need for Interpreter services. Departments seeking [o add stag for Nis function would be subject to the new employee approval tamed out as part of the annual budget pmcesa. b) Limited interpreter services provitletl by employees on s rotational basis. Implemenation achievable within fiscal year 2001 2002. i) Departments with bi-Iingual employees, who have demonatratad fluency. may patlicipate in an interpreter pool. ii) Employees may be scheduled tludng certain hours oHhe week to receive calls from any County department needing Interpreter assistance. This would be partiwlatly advantageous to departments wiM infrequent interpreter needs. iii) Call lists could be available on Me Intranet so a Department needing interpreter service could easily access help while the caller was on the Ilne. (Achievable within 80 days). iv) In oMer to experience the least amount of tlismplion in their regular jab duties, employees assigned fo effces (as opposed to held pereonnel) would be most effective in this capacity. 2) Intlepentlent contractors. a) Interpreters would be expelled to execute a wntrac[ whh [he County prior to being used for interpreter services. (Current practice) b) Interpreters must prove competency to the County's satisfaction prior to being indutleb on the list pf available service providers. (Current practice) c) A list of interpreters who may be willing/able to provide interpreter services is centrally maintained. (Currently maintained wihin departments. Centrally malnfalnetl information achievable by andof February 2002) tl) Departments needing interpreter services may consult the list and schedule the interpreter as needed. 3) Telephone Interpreter Services. (Such as the AT&T Service) a) The Depadment of Emergency Management has esmblishetl en account for in[eipreler services through AT d T and makes it available to any County department who may choose to utilize it Departments desiring to utilize the service should seek information in atlvance from Dinah Jeffries, Emergency .Management Deparment at 968-2050. (Current practice) 4) Spaniah~Greeting Voice Mailbos. (Achievable by entl of February 2002) s) A wits mailbox would be esWblishetl exclusively for Spanish speaking only Giants. The greeting would be in Spanlah end invite the cellar to leave a message so someone coultl call them back within a limited periotl of time (perhaps by the neat buslnesa tley). Instmdicna for calling in case of emergency would be part of the voice mail message, so response [o true emergencies could be addressed immediately b) The massages woultl be picked up aritl the infortna[ion transiematl to She appropriate service provitlar. This could be acwmplished through current employees who may rotate the service duty and/or ap independent contreclor that the County may choose to select. c) Thls methotl of communication would be used when no other interpreter services could be immetliately accessed It is tlesignetl as a safety net for LEP clients seeking service, but not as Orst line communication. 6) Written Protocols entl Training. (ACblevable by end of FY 2001-2002) aj It is important that departments establish Eepartmental protocols as it respects haw interpreter services are to be utilized pursuant to the Indivitluel tlepertmental needs. For example, the Health Depadment will assure themselves that [he interpreter retalnetl to interpret metliral information has demonstrated ability [o tlo so accurately prior to their being usetl by [he Department To avoid confusion among employees, these protocols shoultl be in writing and [ha appropriate depadmenta personnel trained to their use. b) Depadments seeking examples otpoliciea entl procetlures for interpreter services may wish to wnsider the 'Orange County HealM Department Policy entl Procedures for Interpreter Services", which is available upon request to the Health Director's ooce.