Title VI Anti-Discrimination Plan

 

 Title VI Anti-Discrimination Plan PDF

 

 

Introduction

 

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, sex, age, disability, religion, family status or national origin in programs, activities, and services receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, sex, age, disability, religion, family status or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance" (42 U.S.C. Section 2000d).

 

The Village of Key Biscayne is committed to ensuring that no person is excluded from participation in or denied the benefits of Miami-Dade transit services as well as all programs, services and activities of the Village on the basis of race, color, sex, age, disability, religion, family status or national origin, as protected by Title VI of the Civil Rights Act of 1964,, Executive Order 13166, Section 504 of the Rehabilitation Act of 1973 , The Americans with Disability Act of 1990 ADA,.

 

Information Notices

 

Title VI information notices are prominently and publicly displayed at these locations: Village Hall lobby, Police Department, Community Center, Public Works Department, and Parks and Recreation.

 

The name and contact information of the Title VI coordinator is available on the Village's website, at www.keybiscayne.fl.gov. Additional information relating to the Village's nondiscrimination obligation is provided in this document.

Further information can be obtained directly from the Village's Title VI Coordinator:

 

Thomas Fossler, Esq.
Title VI Coordinator
Village of Key Biscayne
88 West McIntyre Street, Suite 200
Key Biscayne, FL 33149
Email: tfossler@keybiscayne.fl.gov
Phone: 305-365-8919
Fax: 305-365-7757
Website: www.keybiscayne.fl.gov

 

Record Keeping

 

The Title VI Coordinator will maintain permanent records, which include, but are not limited to copies of Title VI complaints or lawsuits and related documentation, and records of correspondence to and from complainants, and Title VI investigations.

 

Complaints

 

The complainant may file a signed, written complaint no later than 180 days after the date of the alleged discrimination. The complaint procedures are described in detail herein. Each complaint should include the following information:

 

Full name, Mailing address, Contact Information (i.e., telephone number, email address, etc.), how, when, where and why you believe you were discriminated against, including location, names and contact information of any witnesses' Other information that you consider significant.

 

The ADA/Title VI Grievance/Complaint Form (PDF), may be used to submit the complaint information. The complaint may be filed in writing to the Village at the following address:

 

Thomas Fossler, Esq.
Title VI Coordinator
Village of Key Biscayne
88 West McIntyre Street, Suite 200
Key Biscayne, FL 33149
Email: tfossler@keybiscayne.fl.gov
Phone: 305-365-8919
Fax: 305-365-7757
Website: www.keybiscayne.fl.gov

 

The Village encourages all complainants to certify all mail that is sent through the U.S. Postal Service and/or ensure that all written correspondence can be tracked easily. Complaints must be mailed to the Title VI Coordinator no later than 180 days after the date of the alleged discrimination.

 

All complaints alleging discrimination based on race, color, sex, age, disability, religion, family status, or national origin in a service or benefit provided by the Village will be directly addressed by the Title VI Coordinator who shall also provide appropriate assistance to complainants, including those persons with disabilities, or who are limited in their ability to communicate in English.

 

Additionally, the Village shall make every effort to address all complaints in an expeditious and thorough manner. A letter acknowledging receipt of complaint will be mailed within seven days. Please note that in responding to any requests for additional information, a complainant's failure to provide the requested information may result in the administrative closure of the complaint.

 

The Village of Key Biscayne will send a final written response letter to the complainant. If the complaint is found to be not substantiated, the complainant is also advised of his or her right to:

 

1) Appeal within seven calendar days of receipt of the final written decision from the Village, and/or
2) File a complaint externally with the U.S. Department of Transportation and/or the FTA.

 

Every effort will be made to respond to Title VI complaints within 60 working days of receipt of such complaints, if not sooner.

 

Once sufficient information for investigating the complaint is received by the Village, a written response will be drafted subject to review by the Village Attorney. If appropriate, the Village Attorney may administratively close the complaint. In this case, the Village will notify the complainant of the action as soon as possible.

 

FDOT serves as a statewide clearinghouse for Title VI purposes and will either assume jurisdiction over the complaint or forward it to the appropriate federal or state authority for continued processing:

 

Florida Department of Transportation
Equal Opportunity Office
ATTN: Title VI Complaint Processing
605 Suwannee Street MS 65
Tallahassee, FL 32399

 

In addition to the complaint process described above, a complainant may file a transit complaint with the following offices:

Federal Transit Administration Office of Civil Rights

 

ATTN: Title VI Program Coordinator
East Building, 5th Floor - TCR
1200 New Jersey Ave., SE Washington, DC 20590

 

The procedures described herein for complaints of discrimination in the provision of activities, services, programs or benefits provided by the Village of Key Biscayne is not applicable to complaints concerning actions affecting employment. The Village has adopted other procedures and processes, which are available to Village employees for employment matters, as specified and detailed in Chapter V Section 4 of the Village of Key Biscayne Employee Policies and Procedures Manual. 

 

Limited English Proficiency (LEP)

 

Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the US Department of Justice (DOJ) and US Department of Transportation (DOT) require federal-aid recipients to take reasonable steps to ensure meaningful access to programs, services and activities by those who do not speak English proficiently. To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors:

 

Factor 1: The number or proportion of LEP persons eligible to be served or likely to be encountered by the City/County’s programs, services or activities;

 

According to the 2010 Census, the Village has an approximate total population of 12,344 residents which is composed of 61.6% Hispanic Latino, 36.5% White, 0.4% African American and 1.5% other races. Using census data, the Village has determined that LEP individuals speaking English less than well represent approximately 70.7% of the community.

 

Factor 2: The frequency with which LEP individuals come in contact with these programs, services or activities;

 

The Village has received requests for translation or interpretation of its programs, services or activities into Spanish or other language(s). In addition, Village sponsored community outreach or public events are not attended by significant numbers of LEP individual speakers. Thus, the Village estimates infrequent contact with LEP individuals.

 

Factor 3: The nature and importance of the program, service, or activity to people’s lives and;

 

The Village believes that transportation is of critical importance to its public, as access to health care, emergency services, employment, and other essentials would be difficult or impossible without reliable transportation systems. In that spirit, the Village defines as essential any document that advises the public of how to access the nondiscrimination and public involvement policies, as well as those that impact public safety, health and welfare and emergency services.

 

Factor 4: The resources available to the City/County and the likely costs of the LEP services.

 

The Village employs several proficient Spanish speakers, with an established hiring preference, that can interpret and/or provide translation services. Most Village departments have at least one or more employees that are bilingual and Spanish speakers are accommodated with a translator when requested. The Village provides information in English and Spanish when it is requested. The Village regularly disseminates information via its website. Translated documents are available upon request by contacting the Village Title VI/Nondiscrimination Coordinator. The Village Title VI Policy and Complaint Procedures is hosted on the Village's web page in English and made available in other languages as requested.

 

The Village educates our staff and contractors on the following procedure:

a. Understanding the Title VI Policy and LEP Responsibilities
b. How to Access Title VI Policy and Procedures via the Village's Website
c. Document and Resolve Any Language Assistance Deficiencies
d. The procedure if a Title VI and/or LEP complaint is filed.

 

The analyses of these factors suggest that LEP services are required at this time. At a minimum, the Agency commits to:

 

• Maintain a list of employees who competently speak the LEP language(s) and who are willing to provide translation and/or interpretation services.
• Distribute this list to staff that regularly has contact with the public.
• Provide public notification in the LEP language of the availability of language assistance, free of charge.

 

The Agency understands that its community characteristics change and that the four-factor analysis may reveal the need for more or varied LEP services in the future. As such, it will at least triennially examine its LEP plan to ensure that it remains reflective of the community’s needs.

 

Persons requiring special language services should contact the Agency’s Title VI/Nondiscrimination Coordinator.

 

Public Participation Plan

 

The Village of Key Biscayne seeks to engage the public in its planning and decision-making processes. Members of the public may make statements at Village Council meetings, which occur the second Tuesday of the month. Village Council agendas are available for review by the public no less than two (2) days before Council meetings.

 

Notices of resolutions or ordinances under Commission consideration are announced in print in local newspapers. The Village continuously seeks innovative methods to engage the public in its planning and decision-making processes, as well as its outreach activities. Recent outreach initiatives include:

 

• Public notices in local and county wide newspapers
• On site posting
• Village website

 

Ordinances and resolutions adopted by the Village to apply for and utilize Federal and State grant funding are placed on the public hearing/meeting agenda and are subject to public notice and comment procedures.

The Village and its records are available to the public and the Village welcomes their input. The Village's Title VI Complaint Procedure is available to the public via the Village's website www.keybiscayne.fl.gov.

 

Decision Making Bodies

 

The Village of Key Biscayne does not have any transit related non-elected planning boards or advisory councils or planning boards or committees. If any such committees are established in the future, this plan will be amended to depict minority representation on such committees and to describe the efforts made to encourage participation of minorities on such committees.

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© 2013 Village of Key Biscayne   |   88 West McIntyre Street   |   Key Biscayne, FL   |   33149   |   (305) 365-5511   |   feedback@keybiscayne.fl.gov

 

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