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HomeMy WebLinkAboutP-0185 - Orange County Government Limited English Proficiency Policy 12-11-2001• POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: December 1 1, 2001 NUMBER: P:0185 EFFECTNE DATE: December 11, 2001 REVISIONS: POLICY: Orange County Government Limited English Proficiency (LEP) Policy Orange County is committed to improving the accessibility of services to persons with limited English proficiency (LEP) and to developing and implementing a system that gives LEP persons "meaningful access" to Orange County programs and services. Purpose To eliminate or reduce to the maximum extent possible limited English proficiency as a barrier or impediment to accessing core service in Orange County Government. Background • There has been a dramatic and rapid influx of new immigrants into Orange County who have Limited English Proficiency (L.EP). For these new community members language can be a barrier to accessing services or benefits, understanding and exercising their rights, and other information and that may leave them vulnerable. Recognizing this, Orange County has designated eliminating barriers and access to programs and services to the LEP community as an important goal. Additionally, on August 16, 2000, the President signed Executive Order 13166, mandating that all federal agencies ensure that they and their recipients of federal aid improve access to services to the LEP population. The attached policy was drafted to support the goal and be in compliance with the Executive Order and its policy implementation guidance. The policy as well as the Executive Order provides no new rights or benefits but clarify existing Title VI2 responsibilities and set forth the steps necessary to ensure "meaningful access" to services by the LEP community. ` Title VI of the Civil Rights Act of 1964 prohibits recipients of federal financial assistance from discriminating against or otherwise excluding individuals on the basis of race, color, or national origin in any of their activities Section 601of Title VI, 42 U.S.C. § 2000d. Orange County Government • Limited English Proficiency (LEP) Policy In identifying the language assistance initiatives needed that are consistent with the underlying goal of this policy, it is reasonable to focus on those Departments within Orange County government that have the greatest potential for interaction with the LEP population, that involve vital exchange of information affecting provisions of service, and that grant a benefit or imposition of a burden on the LEP population. Orange County government services can be grouped into five categories based generally on the nature, purpose, and consequences of their interaction with the general public and/or LEP populations. (A) Departments whose primary mission is to serve the internal management and administrative needs of County government. The interaction of these Departments with the LEP population is infrequent and secondary to services that they perform. (B) Departments whose mission is to service the policy needs of County Government. These Departments either are not dependent on their interaction with the public or historical data suggest that they have not significant involvement with the LEP population. (C) Departments whose primary mission or focus is the provision of services, information, or assistance to third parties. These Department s have the potential for serving significant LEP populations. (D) Departments whose mission or focus is to serve the legal, investigative, and policy needs of County Government in a manner that involves (and in some cases is • dependent upon) interactions with the public, including predictable and periodic interactions with identifiable LEP. (E) Departments whose mission or primary function is to exercise supervision and control over special populations known to contain significant numbers of LEP individuals. Criteria: To determine what reasonable steps were necessary to develop a policy that provides LEP persons with "meaningful access" to County programs and services, a number of factors should be reviewed: (1 } The number of or proportion of LEP persons in Orange County -Departments should look at the number or proportion of LEP persons eligible to be served or encountered by the recipient in carrying out its operation. The greater the number or proportion of LEP persons, the more likely language services are needed; (2) The frequency with which LEP individuals come in contact with the program - Departments should assess, as accurately as possible, the frequency of contact with eligible LEP persons. The more frequent the contact, the more need for the language service. Departments should consider if with appropriate outreach to LEP persons, the frequency of contacts will increase usage by the LEP group; Orange County Government • Limited English Proficiency (LEP) Policy (3) The importance of the service provided by the program -Departments should consider the importance of the activity, service, or program and whether the denial or delay of access to service or information will have serious implication for the LEP individuals; and (4) The resources available to the recipient -Department's level of resources can impact the nature of the steps it should take. Smaller departments with fewer resources are not required to provide the same level of resources as the larger departments. Smaller departments should combine their resources to provide meaningful access to LEP populations. 1. Language Assistance Principle Assisting LEP individual seeking direct County services or benefits, or where there is potential for the direct imposition of a burden onto the individual by the County: • LEP persons should be advised that they may choose either to secure the assistance of an interpreter of their own choosing, at their own expense, or a County interpreter provided by the relevant Department.3 Documentation that the service was offered and the LEP person's election should be documented in any written record generated with respect to the LEP person. (Achievable immediately. Current practice in • some critical service areas.) • Departments should take reasonable steps to ensure that the interpreter services provided are only through individuals who are competent to provide interpretive services at a level of fluency, comprehension, and confidentiality appropriate to the specific nature, type and purpose of information at issue. (Current practice) • Departments should include, take into account, needed language assistance measures, in addition to those specified in this plan, when changes occur in programs or services where a failure to do so may result in a denial of substantially equal and meaningfully effective services to a significant LEP population served by the County. (Achievable immediately.) • To the maximum extent practical, limited English proficiency shall not act as a barrier or otherwise limit access to vital information, i.e., information publicly available in English as to when, where, or how to access benefits or services from a Department. ' A LEP person may often look to a bilingual family member or friend or other person they are comfortable with for language assistance, there may also be situation in which a LEP person may want to rely on County-supplied interpretive services. (Some examples where use of an individual's own interpreter may be justified is when an individual has to reveal or describe information of a sensitive, confidential, or potentially embarrassing nature Similarly, instances where a Department's interest may justify the use of aCounty-supplied interpreter is where precise, complete or accurate translation or information is needed.) Orange County Government • Limited English Proficiency (LEP) Policy 2. Uniform Language Assistance Initiatives • (Departmental plans for implementation of the following assistance measures and timetables whereby implementation is achievable are to be completed by the end of February 2002). Each Department experiencing a need for language assistance measures should take the following action: • Oral Information. Each location accessible to the public at which vital oral information is made available (e.g., information desks or telephone lines, certain reception desks or areas, building entries, etc.) maintained or administered by a Department identified as warranting language assistance measures will have in place personnel or language assistance resources capable of providing, within a reasonable period of time, information and/or instruction in appropriate languages other than English. Each Department should develop a plan and timetable for implementing the following: Have in place at points of public contact bilingual or multi-lingual staff, appropriate translations of commonly requested information in commonly encountered languages, or procedures for access to telephonic interpretive services4 for use by Department personnel. • • As appropriate, the written procedures for accessing telephonic language assistance resources will be (1) inserted into every Department telephone book (both written and electronic); (2) posted or otherwise readily available (e.g., through the County Intranet system) at every point of public contact; and (3) distributed to every employee whose duties routinely include contact with members of the public. Complete and distribute to each Department, county building or, as appropriate, work group, a listing of staff members assigned to that department, facility, or work group who have volunteered to provide temporary language assistance services in the case of an emergency. Name, office, physical location, business telephone number, work hours, language, and level of fluency should identify staff members. • Written Materials. Each Department shall ensure the translation of "vital" written materials into the language of regularly encountered LEP groups eligible to be served or to be affected by the Department's programs. "Vital" includes but is not limited to: a"Telephonic interpretive services," sometimes referred to as "language lines" involve the use of interpreters who provide either simultaneous or consecutive translation by phone. Orange County Government • Limited English Proficiency (LEP) Policy "Vital" includes but is not limited to: written notices of rights, denial, loss, or decreases in benefits and services; notices of disciplinary action; consent and complaint forms; intake forms; application for participation in department' program or activity; and notices advising LEP persons of free language assistance. • The term "vital" depends upon the importance of the program, service, information or encounter involved. Large documents may have both vital and non-vital information. Written translation of only vital information is required. An appropriate "rule of thumb" in determining vital information in a document that requires translation is: ^ A Department should provide written translation of vital documents for each eligible LEP language group that constitutes 5% or 1,000, whichever is less, of the persons eligible to be served or likely to be affected or encountered. Translation of other documents can be provided orally; ^ If there are fewer than 50 persons in a language group that reaches the 5% trigger, then departments do not have to translate vital materials but should provide written notice in the primary language of the LEP language group of their right to receive competent oral translation of the written materials, free of cost. • Please note: This applies only to the written translation of information in vital documents. • Electronic Information. Unless already in place, each Department that maintains a web page accessible to members of the general public should include information on the availability of language assistance through or by the Department. Where documents in languages other than English are placed on or accessible through the web page, information on their availability should be included in the appropriate languages on the web home page or other initial point of access. • Signage. Where Signage within apublicly-accessible building maintained or administered by a Department is provided in English, it will also be provided, at a minimum and as soon as reasonably practical, in the two most common non- English languages spoken in the County where, based on available data, more than 25% of the people within that language group speak English less than we11.5 Signage in fewer languages is warranted where current demographic data "Available data" includes but is not limited to language and demographic census information pertaining to Orange County. Orange County Government Limited English Proficiency (LEP) Policy establishes that the population potentially served by the Department or facility does not include more than one language minority group that satisfies the 25% standard. Each Department will develop a signage implementation timetable including, where appropriate, reasonable delays necessitated by the lack of current data on LEP populations. (Signage in critical service areas e.g. DSS, Health, Register of Deeds, are on-going pursuant to June 5, 2001 Board direction.) 3. Department-Specific Language Assistance Initiatives. In addition to the uniform language initiatives applicable to the department engaging in programs and activities warranting language assistance measures, departments will implement additional language assistance measures warranted by their particular programs, activities, and/or target/service population and forward them to the Department of Human Rights and Relations (HRR) to compile and forward to the County Manager. 3. Staff Training. All employees expected to implement the language assistance initiatives set out in this Plan should be knowledgeable about (1) the nature and scope of language assistance services and resources available through their department, and (2) the procedures through which they may access those services to assist in the discharge of their respective duties. Each department subject to this Plan will develop a plan and a timetable for the • implementation of the following actions with respect to staff training: 1. Employees whose routine duties include interactions with the public will be provided with written information on the scope and nature of available or planned language assistance services and the specific procedures through which such services can be accessed at the employee's work location. 2. Each department (or, as appropriate, sub-unit) will develop and incorporate into new employee orientation and/or training programs a module on the nature and scope of language assistance services and the specific procedures through which each employee can access those services. 5. Outreach. LEP individuals in need of language assistance services should have reasonable notice of the availability of such services. Each department with significant LEP contacts should undertake appropriate written and oral outreach efforts designed to alert LEP communities and individuals as to the nature, scope, and availability of the language assistance services set out in this Plan. In the area of outreach, each component subject to this Plan will take the following actions: • Where documents are available in languages other than English, the English version will include a notice of such availability translated into every language in which the document is available. Orange County Government Limited English Proficiency (LEP) Policy • Where documents are available for viewing or downloading through a component web page in languages other than English, a tag indicating such availability in each of the languages will be included on each web page. • To the maximum extent possible, departments will strive to inform stakeholder organizations regarding the nature and scope of available language assistance services through appropriate oral and written means. 6. Monitoring. Language assistance plans should be periodically reassessed to ensure that the scope and nature of language assistance services provided under the plan reflect updated information on relevant LEP populations, their language assistance needs, and the Departments experience under the plan. Over the next twelve months, each Department subject to this Plan will take the following actions to monitor the effectiveness of its language assistance initiatives and assess the possible need for enhancements or modifications to those initiatives: 1) By the end of the third quarter of the fiscal year, each Department will advise HRR on the approaches to be used to assess Department activities under this Plan. 2) By the end of the fiscal year, each Department will submit to HRR the results of its assessment of its activities under this Plan, together with any proposed modifications to this Plan. Each subsequent year, the Department will report the results of its assessment of its activities under this Plan within the framework of such reporting mechanisms, as it deems appropriate. 3) By the end of the first quarter of Fiscal Year 2002, after collecting Department assessments, HRR will forward to the County Manager recommendations on proposed modifications, if any, to this Plan for the remainder of Fiscal Year 2002 and beyond. COUNTY DEPARTMENTS Critical Services Hi h External Services InternaU External Services Informational Internal Services ow EMS Aging BOCC Clerk Environment & Budget Health Child Support Manager Resource Finance Social Services Economic Dev. Personnel Conservation. IS Sheriff Cooperative Ext. Public Works Engineer County Attorney Elections Purchasing & Land Records Planning Central Services Natural Resource Housing & Comm. Conservation Human Rts & Rel. Tax Assessor Library Parks & Rec. Register of Deeds Revenue Coll. Solid Waste Transportation APPROVED 2/19/2002 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING December 11, 2001 The Orange County Board of Commissioners met in regular session on Tuesday, December 11, at 6:00 p.m. at the Southern Human Services Center in Chapel Hill, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Barry Jacobs and Commissioners Margaret W. Brown (arrived at 6:25), Moses Carey, Jr., Alice M. Gordon (arrived 6:57) and Stephen H. Halkiotis COUNTY ATTORNEY PRESENT: Geoffrey Gledhill COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser and Clerk to the Board Beverly A. Blythe (All other staff members will be identified appropriately below) NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 1. ADDITIONS OR CHANGES TO THE AGENDA The Chair added as Consent item 8-g "Salary Adjustment for the Clerk to the Board of Commissioners". PUBLIC CHARGE • Chair Jacobs dispensed with the reading of the public charge. 2. CITIZEN & AUDIENCE COMMENTS a. Matters not on the Printed Agenda Bill Crowther spoke about the Elizabeth Brady Road extension. He said that it was a little surprising to see it as number one on the Transportation Improvement Plan (TIP) priority list this year. In past years it has not even been on the TIP priority list. He said that it was encouraging to see the sensitivity to the environmental and cultural resources. He said that it was disappointing in October, after nine months of work on the joint task force on Economic Development Districts (EDD) Transportation issues, that Hillsborough's Town Board discarded the recommendations and proceeded to put forth its TIP list of last year. On November 27th, NCDOT held a briefing in Raleigh to release some new proposals that address some environmental concerns. One of the issues is to look at environmental impacts before projects go on the TIP list. Given that Elizabeth Brady Road is currently on the state TIP list and it is in the beginning stages of an Environmental Impact Statement (EIS), which is scheduled for a final draft in September of 2004, he asked that the County Commissioners consider having the Orange County staff do an environmental snapshot of this area as an objective for the coming year. He said that Orange County has the expertise and the Geographic Information System (GIS) capability to provide the raw data that would clearly identify the natural and manmade resources in that area and this data would be very helpful to Orange County, Hillsborough, and NCDOT. b. Matters on the Printed Agenda (These matters were considered as the Board addressed the items on the agenda below.) 3. BOARD COMMENTS • Commissioner Carey said that he recalls several years ago that Orange County approved some goals in supporting minority and female participation in the contract process for construction projects. He asked for an update on what has happened since the County Commissioners adopted this particular The Board considered authorizing the completion of the Register of Deeds office automation project. Rod Visser said that significant progress has been made in the Register of Deeds office to improve automation. They would like to replace the Legacy software system eventually. The staff is asking the Board to approve a contract to complete the work of the automation update. Commissioner Halkiotis commended Joyce Pearson for the wonderful job she has done since she became Register of Deeds. A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to 1) authorize the Register of Deeds to proceed with the completion of the project to automate the Register of Deeds office with an integrated software package; 2) approve a contract with Harshman Consulting in an amount not to exceed $28,600, subject to final review by staff and the County Attorney, to provide professional services in various capacities through the implementation of the project; and 3) to authorize the Purchasing Director to execute the appropriate paperwork. VOTE: UNANIMOUS i• c. Approve Funding for Initial Site Work at Chapel Hill-Carrboro Citv Schools (CHCCS) Elementary School #9 at Meadowmont The Board received an update on the status of elementary school #9 at Meadowmont and considered allocating November 2001 bond funds for initial site work. Rod Visser summarized the information in the agenda abstract. The staff is asking the County Commissioners to approve a $235,000 appropriation for the Chapel Hill-Carrboro City Schools Elementary School #9 project to accomplish pre-grading of the site. This will also include money for construction bidding and some project contingency. This process is in accordance with the policy adopted by the County Commissioners last year for planning and funding schools and County capital projects. This is just a portion of the construction costs. A motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Elementary School #9 Construction Capital Project Ordinance, which is incorporated herein by reference. VOTE: UNANIMOUS (Commissioner Brown was out of the room) d. County Limited English Proficiency Policy and Action Plan The Board considered adopting a policy to eliminate or reduce to the maximum extent possible limited English proficiency (LEP) as a barrier to accessing County government services. Human Rights and Relations Director Annette Moore said that this policy is consistent with the goal of the County to eliminate LEP as a barrier to non-English speaking residents. It is also consistent with executive order 13166, a presidential order mandating that all federal agencies ensure that they and the recipients of federal aid improve access to the LEP population. The policy provides no new rights or benefits, but clarifies existing responsibilities and sets forth steps to provide meaningful access to services by the LEP community. Director of Central Stores and Purchasing Pam Jones spoke about the tools available to departments to come up with specific programs. She made reference to page nine of the abstract, which is the toolbox. There are four areas: County employees proficient in other languages taking calls, etc.; independent contractors (interpreter services); telephone interpreter services; and Spanish- speaking mailbox greeting and voice mailbox. Commissioner Gordon made reference to page six and asked how the signage would be operational. Annette Moore said that this information would come from census data. Chair Jacobs made reference to pages five and ten and said that there should be a specific standard response time. He thinks it should be within one business day and it should be stated in the policy. He made reference to some additional statements in the policy and recommended clarifications, which were noted by the staff. Commissioner Halkiotis stated that, in working with Clerk to the Board Beverly Blythe and Register of Deeds Joyce Pearson, he volunteered to do an experiment eight months ago to look at the sign next to elevator with directions to the Register of Deeds office in Spanish. He also commended the Solid Waste staff for having a sign on the back of a garbage truck stating that Orange County recycles. ~ Commissioner Gordon noted the financial impact statement, which indicates that there is no direct immediate impact and asked what the long-term impact would be. John Link said that they are using their present staff. However, there will be some cost to address the signage, but additional staff such as interpreters may need to be added. He suggested we pursue signage and use existing staff to respond to telephone inquiries. There is already staff in DSS and the Health Department who speak Spanish. Commissioner Halkiotis encouraged the staff to be creative. He said that there were many graduate students and many people in the Hispanic community who would love to be able to pick up some extra money by helping with these services. A motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proposed policy and action plan. VOTE: UNANIMOUS e. Regulated Recyclable Materials Ordinance The Board considered adopting a Regulated Recyclable Materials ordinance. Chair Jacobs made reference to the information that was distributed. Page three has the equipment costs associated with this initiative. He made reference to the issue of prohibition of open burning of wood waste as it relates to agricultural enterprises and said that the Board has asked staff to work on this more and it will be coming back to the County Commissioners. Rod Visser said that the staff is also asking the Board to approve the creation of a permanent full-time Construction and Demolition Education and Enforcement Specialist when this ordinance is adopted. This ordinance was recommended from the C&D Recycling Task Force that was appointed by the Commissioners in late 1999. The purpose of the proposed ordinance is to regulate recyclable construction and demolition materials and other materials in the waste stream by keeping them from being landfilled and requiring that they be separated through recycling policies. The Board held a public hearing in November on the ordinance and received a lot of feedback from the public. Most of the concerns were related to how this would affect the agricultural community, particularly with regard to potential threats on land-clearing practices for new fields. The Board of County Commissioners is very concerned about this. The staff is recommending that the Board adopt the ordinance without this point for now. The staff will come back within a few months and include a ban on burning of non-reusable wood waste after the options are examined for helping the agricultural community. The only significant change in the ordinance from the public hearing is that the definition of solid waste has been changed to eliminate non-reusable wood waste as an element. Commissioner Halkiotis asked about the horizontal grinder and if it is mobile and can be transported and Solid Waste Director Gayle Wilson said that it could be transported. A motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt the ordinance as attached and approved the creation of a permanent, full-time Construction and Demolition Education/Enforcement Specialist position, effective immediately. There was someone that had signed up to speak about this item. Aaron Nelson, Executive Director of the Chapel Hill-Carrboro Chamber of Commerce, encouraged the Board to further explore ways to provide incentives to encourage people to use this ordinance in advance of the expiration of the grace period. A discount in tipping fees would be helpful. He objected to the 60-day delay for the demolition of buildings to allow time for staff to assess what can be salvaged. The delay should be restricted to the full demolition of a structure -not knocking out a wall or removing a door. He asked for flexible enforcement of segregated materials. He said that he could put his cardboard at his curbside collection. He asked if the truck would be allowed to dump at the site, if it is not just for C&D but for everything that comes through the landfill. Gayle Wilson said that the ban on cardboard that currently exists does not apply to residential cardboard because there are not curbside programs that collect cardboard. This ordinance would apply to all cardboard. However, staff will focus on C&D, associated cardboard, and commercial cardboard. • Regarding the 60-day option for demolition, the ordinance allows up to 60 days and he does not feel that it will take nearly that long. Quite honestly, the staff believes that 90+% of projects would be delayed two weeks or less. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 11, 2001 Action Agenda Item No. R-.~ SUBJECT: County Limited En lish Proficiency Policy and Action Plan DEPARTMENT: Human Rights and Relations & PUBLIC HEARING: (Y/N) No Purchasing ATTACHMENT (S): Draft Policy Draft Action Plan INFORMATION CONTACT: Annette M. Moore, ext. 2254 Pamela Jones, ext. 2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving a policy to eliminate or reduce to the maximum extent . possible limited English proficiency as a barrier 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 Proficiency (LEP). For these new community members, language can be a barrier to accessing services or benefits, understanding and exercising their rights, and other information, which that may leave them vulnerable. Recognizing this, Orange County has designated eliminating barriers and access to programs and services to the LEP community as an important goal. Additionally, on August 16, 2000, the President signed Executive Order 13166, .mandating that all federal agencies ensure that they and their recipients of federal aid improve access to services to the LEP population. The attached policy was drafted to support the goal and be in compliance with the Executive Order and its policy implementation guidance. The policy as well as the Executive Order provides no new rights or benefits, but does clarify existing Title VI' responsibilities and set forth the steps necessary to ensure "meaningful access" to services by the LEP community. The policy includes 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 training and monitoring. Estimated periods in • which the individual elements are achievable are indicated in bold as appropriate: ' Title VI of the Civil Rights Act of 1964 prohibits recipients of federal financial assistance from discriminating against or otherwise excluding individuals on the basis of race, color, or national origin in any of their activities Section 601 of Title VI, 42 U.S.C. § 2000d. - 2 FINANCIAL IMPACT: There is no direct, immediate financial impact associated with the adoption of the proposed policy and action plan. However, there will be an undetermined amount of costs associated with interpreters, translation of vital documents, and providing notice to LEP populations. RECOMMENDATION: The Manager recommends that the Board approve the proposed policy and action plan. . "Tool Box" for Providing Services to Limited English Proficiency (LEP) Clients The components listed below are offered as suggested tools that departments may use to accommodate the .needs of non-English or limited-English speaking clients. Approaches may vary depending upon specific departmental needs. 1) County Employees. Interpreter services may be provided through County employees as follows: a) Employee whose primary duty is to provide interpreter services. Implementation timetable contingent upon funding of position(s). i) This employee may be hired by a single department or shared among departments who need interpreter services for a major portion of the working day on a daily basis. This type of arrangement would be .recommended primarily for departments who are categorized in the Policy as a provider of "critical services" and by the informs#ion compiled in the departmental surveys, indicated a high need for interpreter services. Departments seeking to add staff for this function would be subject to the new employee approval carried out as part of the annual budget process. b) Limited interpreter services provided by employees on a rotational basis. Implementation achievable within fiscal year 2001-2002. i) Departments with bi-lingual employees, who have demonstrated fluency, may participate in an interpreter pool. • ii) Employees may be scheduled during certain hours of the week to receive calls from any County department needing interpreter assistance. This would be particularly advantageous to departments with infrequent interpreter needs. iii) Call lists could be available on the Intranet so a Department needing interpreter service could easily access help while the caller was on the line. (Achievable within 60-days) iv) In order to experience the least amount of disruption in their regular job .duties, employees assigned to offices (as opposed to field personnel) would be most effective in this capacity. 2) .Independent contractors. a) Interpreters would be expected to execute a contract with the County prior to being used for interpreter services. (Current practice) b) Interpreters must prove competency to the County's satisfaction prior to being included on the list of available service providers. (Current practice) c) A list of interpreters who may be willing/able to provide interpreter services is centrally maintained. (Currently maintained within departments. Centrally maintained information achievable by end of February. 2002) d) 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 Department of Emergency Management has established an account for interpreter services through AT & 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 advance from Dinah Jeffries, Emergency Management Department at 968-2050. (Current practice) 4) Spanish-Greeting Voice Mailbox. (Achievable by end of February 2002) a) A voice mailbox would be established exclusively for Spanish speaking only clients. The greeting would be in Spanish and invite the caller to leave a message so someone could call them back within a limited period of time (perhaps by the next business day). Instructions for calling in case of emergency would be part of the voice mail message, so response to true emergencies could be addressed immediately. b) The messages would be picked up and the information transferred to the appropriate service provider. This could be accomplished through current employees who may rotate the service duty and/or an independent contractor that the bounty may-.choose to select. c) This method of communication would be used when no other interpreter services could be immediately accessed. It is designed as a safety net for LEP clients seeking service, but not as first line communication. 5) Written Protocols and Training. (Achievable by end of FY 2001-2002) a) It is important that departments establish departmental protocols as it respects how interpreter services are to be utilized pursuant to the individual departmental needs. For example, the Health Department will assure themselves that the interpreter retained to interpret medical information has demonstrated ability to do so accurately prior to their being used by the Department. To avoid confusion among employees, these protocols should be in writing and the appropriate departmental personnel trained to their use. b) Departments seeking examples of policies and procedures for interpreter services may wish to consider the "Orange County Health Department Policy and Procedures for Interpreter Services", which is available upon request to the Health Director's office. ~r~~---' ~` • Orange County Government Limited English Proficiency (LEP) Policy Orange County is committed to improving the accessibility of services to persons with limited English proficiency (LEP) and to developing and implementing a system that gives LEP persons "meaningful access" to Orange County programs and services. Purpose To eliminate or reduce to the maximum extent possible limited English proficiency as a barrier or impediment to accessing core service in Orange County Government. Background There has been a dramatic and rapid influx of new immigrants into Orange County who- have Limited English Proficiency (LEP). For hese new community members language can be a barrier to accessing services or benefits, understanding and exercising their rights:, and other information and that may leave themvulnerable. Recognizingthis, Orange. County has designated .eliminating barriers and access to programs and services'to the LEP community as an important goal. Additionally, on August 16, 2000, the President signed Executive Order` 13166, mandating that all` federal agencies ensure that they and their recipients of federal aid _improve access to services to fhe LEP population. The attached policy was drafted to support the goal and,be in compliance with-the Executive Order and its policy implementation guidance. The policy as well as the Executive Order provides no new rights or benefits but clarify exsting_Title VI2 responsibilities and set forth the steps necessary to ensure "meaningful. access" to services by the LEP community. In identifying the language assistance initiatives needed that are consistent with the underlying goal of this policy, it is reasonable to focus on those Departments within Orange County government that have the greatest potential for interaction with the LEP population, that involve vital exchange of information affecting provisions of service, and that grant a benefit or imposition of a burden on the LEP population. Orange County government services can be grouped into five categories based generally on the nature, purpose, and consequences of their interaction with the general public and/or LEP populations. (A) Departments whose primary mission is to serve the internal management and administrative needs of County government. The interaction of these Departments with the LEP population is infrequent and secondary to services that they perform. (B) Departments whose mission is to service the policy needs of County Government. These Departments either are not dependant on their interaction with the public or historical data suggest that they have no significant involvement with the LEP population. s Title VI of the Civil Rights Act of 1964 prohibits recipients of federal financial assistance from discriminating against or otherwise excluding individuals on the basis of race, color, or national origin in any of their activities Section 601 of Title VI, 42 U.S.C. § 2000d. (C) Departments whose primary mission or focus is the provision of services, information, or assistance to third parties: These Departments have the potential for serving significant LEP populations. (D) Departments whose mission or focus is to serve the legal, investigative, and policy needs of County Government in a manner that involves (and in some cases is dependent upon) interactions with the public,.including predictable and periodic interactions with identifiable LEP. (E) Departments whose mission or primary function is to exercise supervision and control over special populations known to contain significant numbers of LEP individuals. Criteria: To determine what reasonable steps were necessary to develop a policy that provides LEP persons with "meaningful access" to County programs and services a number of factors should be reviewed: (1) The number of or proportion of-LEP-.persons in .Orange County -.Departments should look at the number or proportion of LEP persons eligible to be served or encountered by the recipient in carrying out its operation. The greater the number or proportion of LEP persons, the more likely language services are needed; (2) The frequency with which LEP individuals come in contact with the program Departments should`assess, as accurately as possible, the frequency of contact with eligible LEP persons. -The more frequent the contact, he more need for the language service. Departments should consider if with appropriate outreach to LEP persons, the frequency of contacts will' increase usage by the. LEP group; (3) The importance of the service provided by-the program -Departments-should consider • the importance of the activity, service, or program and whether the denial or delay of access to service or information will. have seriotas implication for the LEP individuals; and (4) The resources available to the `recipient - Department`s level of resources can impact the nature of the steps it`should take: Smaller departments`with fewer resources are not required to provide the same level of resources as the' larger departments. Smaller departments should combine_their resources to provide meaningful access o LEP populations. 1. Language Assistance Principle Assisting LEP individual seeking direct County services or benefits, or where there is potential for the direct imposition of a burden onto the individual by the County: • LEP persons should be advised that they may choose either to secure the assistance of an interpreter of their own choosing, at their own expense, or a County interpreter provided by the relevant Department.3 Documentation that the service was offered and the LEP person's election should be documented in any written record generated with 3 A LEP person may often look to a bilingual family member or friend or other person they are comfortable with for • language assistance, there may also be situation in which a LEP person may want to rely on County-supplied interpretive services. (Some examples where use of an individual's own interpreter may be justified is when an individual has to reveal or describe information of a sensitive, confidential, or potentially embarrassing nature Similarly, instances where a Department's interest may justify the use of aCounty-supplied interpreter is where precise, complete or accurate translation or information is needed.) respect to the LEP person. (Achievable immediately. Current practice in some critical service areas.) • Departments should take reasonable steps to ensure that the interpreter services provided are only through individuals who are competent to provide interpretive services at a level of fluency, comprehension, and confidentiality appropriate to the specific nature, type and purpose of information at issue. (Current practice) • Departments should include, take into account, needed language assistance measures, in addition to those specified in this plan, when changes occur in programs or services where a failure to do so may result in a denial of substantially equal and meaningfully effective services to a significant LEP population served by the County. (Achievable immediately.) • To the maximum extent practical, limited English proficiency shall not act as a barrier or otherwise limit access to vital information, i.e., information publicly available in English as to when, where, or how to access benefits or services from a Department. 2. Uniform Language Assistance Initiatives o (Departmental plans for implementation of the following assistance measures and timetables whereby implementation is achievable are to be completed by the end of February 2002). Each Department experiencing a need for language assistance measures should take the following action: • Oral Information. Each location accessible to the public at which vital oral information is made available (etc .,, information desks or telephone lines, certain reception desks or areas, building entries, etc.) maintained or administered by a Department identified as warranting language assistance measures will have in place personnel or language assistance resources capable of providing, within a reasonable period of time, information and/or instruction in appropriate languages other than English. Each Department should develop a plan and timetable for implementing the following: Have in place at points of public contact bilingual or multi-lingual staff, appropriate translations of commonly requested information in commonly encountered languages, or procedures for access to telephonic interpretive services4 for use by Department personnel. As appropriate, the written procedures for accessing telephonic language assistance resources will be (1) inserted into every Department telephone book (both written and electronic); (2) posted or otherwise readily available (etc .., through the County Intranet system) at every point of public contact; and (3) distributed to every employee whose duties routinely include contact with members of the public. Complete and distribute to each Department, county building or, as appropriate, work group, a listing of staff members assigned to that department, facility, or work group who have volunteered to provide temporary language assistance services in the case of an emergency. Name, office, physical location, business telephone number, work hours, language, and level of fluency should identify staff members. 4 "Telephonic interpretive services," sometimes referred to as "language lines" involve the use of interpreters who provide either simultaneous or consecutive translation by phone. • Written Materials. Each Department shall ensure the translation of "vital" written materials into the language of regularly encountered LEP groups eligible to be served or . to be affected by the Department's programs. "Vital" includes but is not limited to: written notices of rights, denial, loss, or decreases in benefits and services; notices of disciplinary action; consent and complaint forms; intake forms; application for participation in department' program or activity; and. notices advising LEP persons of free language assistance. The term "vital" depends upon the importance of the program, service, information or encounter involved. Large documents may have both vital and non-vital information. Written translation of only vital information is required. An appropriate "rule of thumb" in determining vital information in a document that requires translation is: o A Department. should provide written translation of .vital documents for each eligible LEP language group that constitutes. 5% or 1,000, whichever is less, of the persons eligible to be served or likely to be affected or encountered. Translation of other documents can be provided orally; o - If there are -fewer .than 50 persons in a language. group that reaches the 5% trigger, then departments do not-have to translate vital materials but should provide written notice in the'primary language of the LEP language group of their right to .receive competent oral, translation of the written materials, free. of cost. Please note:. This applies only to the written translation of information in vital. documents • Electronic /nformafion. Unless already in place, each Department that maintains a web page accessible to members of the general public should include information on the availability of language assistance through or by the Department. Where documents in languages other than English are placed on or accessible through the web page, information on their availability should be included in the appropriate languages on the web home page or other initial point of access. Signage. Where signagewithin apublicly-accessible building maintained or administered by a Department is provided in English, it will also be provided, at a minimum and as soon as reasonably practical, in the two most common non- English languages spoken in the County where, based on available data, more than 25% of the people within that language group speak English less than well.5 Signage in fewer languages is warranted where current demographic data establishes that the population potentially served by the Department or facility does not include more than one language minority group that satisfies the 25% standard. Each Department will develop a sgnage implementation timetable including, where appropriate, reasonable delays necessitated by the lack of current data on LEP populations. (Signage in critical service areas e.g. DSS, Health, Register of Deeds, are on-going pursuant to June 5, 2001 Board direction.) ._ 3. Department-Specific Language Assistance Initiatives. In addition to the uniform language initiatives applicable to the department engaging in programs and activities warranting language assistance measures, departments will implement additional • language assistance measures warranted by their particular programs, activities, and/or 5 "Available data" includes but is not limited to language and demographic census information pertaining to Orange County. target/service population and forward them to the Department of Human Rights and Relations (HRR) to compile and forward to the County Manager. 4. Staff Training. All employees expected to implement the language assistance initiatives set out in this Plan should be knowledgeable about (1) the nature and scope of language assistance services and resources available through their department, and (2) the procedures through which they may access those services to assist in the discharge of their respective duties. -Each department subject to this Plan will develop a plan and a timetable for the implementation of following actions with respect to staff training: 1. Employees whose routine duties include interactions with the public will be provided with written information on the scope and nature of available or planned language assistance services and the specific procedures through which such services can be accessed at the employee's work location. 2. Each department (or, as appropriate, sub-unit) will develop and incorporate into new employee orientation and/or training programs a module on the nature .and scope of language assistance services and the specific procedures through which each employee can access those services. 5. Outreach. LEP individuals in need of language assistance services should have reasonable notice of the availability of such services. Each department with significant LEP contacts should undertake appropriate. written and oral outreach efforts designed to alert LEP communities and individuals as to the nature, scope, and availability of the language assistance services set out in this Plan. In the area of outreach, each component subject to this Plan will take the following actions: • Where documents are available in languages other than En lish, the En lish version will 9 9 include a notice of such availability translated into every language in which the document is available. • Where documents are available for viewing or downloading through a component web page in languages other than. English, a tag indicating such availability in each of the languages will be included on each web page. • To the maximum extent possible, departments will strive to inform stakeholder organizations regarding the nature and scope of available language assistance services through appropriate oral and written means. 6. Monitoring. Language assistance plans should be periodically reassessed to ensure that the scope and nature of language assistance services provided under the plan reflect updated information on relevant LEP populations, their language assistance needs, and the Departments experience under the plan. Over the next twelve months, each Department subject to this Plan will take the following actions to monitor the effectiveness of its language assistance initiatives and assess the possible need for enhancements or modifications to those initiatives: 1. By the end of the third quarter of the fiscal year, each Department will advise HRR on the approaches to be used to assess Department activities under this Plan. • 2. By the end of the fiscal year, each Department will submit to HRR the results of its assessment of its activities under this Plan, together with any proposed modifications to this Plan. Each subsequent year, the Department will report the results of its assessment of its activities under this Plan within the framework of such reporting mechanisms, as it deems appropriate. 3. By the end of the first quarter of Fiscal Year 2002, after collecting Department assessments, HRR will forward to the County Manager recommendations on proposed modifications, if any, to this Plan for the remainder of Fiscal Year 2002 and beyond. COUNTY DEPARTMENTS Critical Services Hi h External Services Internal/External Services Informational Internal Services Low EMS Aging BOCC Clerk Environment Budget Health Child Support Manager and Resource Finance Social Economic Personnel Conservation IS Services Development Public Works Engineer County Sheriff Cooperative Purchasing & Land Records Attorney Extension Central Services Natural Elections Resource Planning Conservation Housing and Tax Assessor Community Development Human Rights and Relations Library Parks and Recreation Register of Deeds Revenue Collector Solid Waste Transportation