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HomeMy WebLinkAboutRES 047 Draft 01 2020-2022COUNTY OF HAWAII STATE OF HAWAI `I RESOLUTION NO. 47 21 A RESOLUTION APPROVING THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION 2020 TITLE VI PLAN PURSUANT TO THE FEDERAL TRANSIT ADMINISTRATION TITLE VI CIRCULAR 4702.111 REQUIREMENTS AND GUIDELINES BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.) prohibits discrimination on the basis of race, color or national origin for recipients of federal financial assistance; and WHEREAS, the Department of Parks and Recreation (P&R), as a recipient of Federal Transit Administration ("FTA") financial assistance for the purchase of vehicles to provide transportation for the Coordinated Services for the Elderly program, must prepare and submit to the FTA a Title VI Plan that is compliant with FTA Circular 4702.1 B Title VI Requirements and Guidelines for FTA Recipients ("Circular"); and WHEREAS, P&R prepared the attached 2020 Title VI Plan in compliance with the requirements set forth in the Circular and reported that P&R provides public transit service in conformance with Title VI legislation that prohibits discrimination on the basis of race, color, or national origin; and WHEREAS, the 2020 Title VI Plan must be approved by the County's governing entity, the Hawai'i County Council, prior to submission to the FTA, pursuant to the Circular's Requirements and Guidelines; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Article 111, Section 3-1 of the Hawai'i County Charter, the County of Hawai'i, that the 2020 Title VI Plan, attached hereto and which by reference is made a part hereof, be approved; and BE IT FURTHER RESOLVED that P&R Director can make minor or editing changes to the 2020 Title VI Plan; attached hereto, provided no substantial additions or deletions may be made; and. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to: (1) Mayor Mitchell D. Roth; (2) Department of Parks and Recreation Director Maurice Messina; and (3) J Yoshimoto, Deputy Corporation Counsel, Office of the Corporation Counsel. Dated at Kona Hawai'i,, this 17th day of March 2021. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI"I COUNTY COUNCIL County of Hawaii Hilo, Hawai'i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the ount} of I lawai'i on March 17, 2021 ATTEST: 0) ROLL CALL VOTE Reference: C-119/PRPSC-14 RESOLUTION NO. 47 2 AYES NOES ABS FX CHUNG x DAVID X INABA x KAN EALIl-KLEIN FELDER x KIERKIEWICZ x KIMBALL x LEE LOY x RICHARDS x VILLEGAS x 8 0 1 0 Reference: C-119/PRPSC-14 RESOLUTION NO. 47 2 Created: January Ib, 2020 Coordinated Services for the Elderly County of Hawaii Dept. of Parks and Recreation Elderly Activities Division 1 All CQDtents FTAI3/0 .............................. ........................................... ........................................................................................ I TitleK7Plan .............. ..................................... .................................. ...................................................................... 1 ExecutiveSummary ........................ .................................................................... ..................................... ....... 3 Non Discrimination Policy Statement ............................................................. ................................................. 3 Non Discrimination Notice tothe Public ................................................................................. ......................... 5 List ofLocations Where Title VlNotice |sPosted .............................................................................................. Discrimination Complaint Procedures ................................................. ............................................................ 7 DiscriminationComplaint Form ...................................................................................................................... 10 Discrimination Investigations, Complaints and Lawsuits ................................................................................ 13 PublicParticipation Plan ............................................................................................................................. ................ I5 Limited English Proficiency Plan ...................................................................................................................... 17 Non -elected Committees Membership Table ................................................................................................. 2O Monitoring for 531OSub-Recipient Title NCompliance ................................................................................. 2O TitleV1Training ................................................................................................... ........................................... 21 Title V1Equity Analysis ....................................................................................... Error! Bookmark not defined. Board Approval for the Title v|Program .......................................................... .............................................. 2Z OrganizationalChart ................................................................. ..................................................................... Z5 APPENDIX: ......... ....................... ............................................................................. ....................................... 24 Four -Factor Analysis ....................................................................................................... ................................ 24 N The Hawaii County, Department of Parks and Recreation Coordinated Services for the Elderly Program offers senior citizens 60 years and older a wide variety of services within three major components consisting of Transportation (essential shopping, medical appointments, congregate meal sites, and recreational activities), Chore (light housekeeping, errand running), Information and Assistance (providing information on available community resources, networking with services providers). One phone call to our office is your direct linkage to services and information available in Hawai` i County, such as: Determining your particular needs; Making referrals to appropriate resource agencies or providing assistance to follow-up on your particular needs; Providing you with information about programs and services; Issuing the County Senior Citizen ID card which offers discounts from various business establishments; and Providing you with other key services, such as in-home chore (which includes light housekeeping, laundry, meal planning, cooking, shopping assistance, personal care, running errands, escort, etc.), transportation, friendly visiting, letter reading/writing, translating/interpreting, counseling, financial affairs, housing assistance, client advocacy and outreach activities. Non Discrimination Policy Statement The Coordinated Services for the Elderly assures full compliance with Title VI of the Civil Rights act of 1964, the Restoration Act of 1987, and related statutes and regulations in all programs and activities. Title VI states that "no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination" under any the Coordinated Services for the Elderly's sponsored program or activity. There is no distinction between the sources of funding. The Coordinated Services for the Elderly also assures that every effort will be made to provide programs, services and activities in a nondiscriminatory manner to minority and low income populations. Furthermore, the Coordinated Services for the Elderly will take reasonable steps to provide meaningful access to services for persons with Limited English Proficiency (LEP). When the Coordinated Services for the Elderly distributes Federal -aid funds to another entity/person, the Coordinated Services for the Elderly will ensure all sub -recipients fully comply with the Coordinated Services for the Elderly's Title VI Nondiscrimination Program requirements. The Director, Hawaii County Department of Parks and Recreation has delegated the authority to the Elderly Activities Operations Assistant Director to oversee and implement FTA Title VI requirements. Maurice Messina SIGNATURE OF AUTHORIZED OFFICIAL Director, Department of Parks and Recreation TITLE Nor,, Discrlminatior� 'N'otice -to the Public IMPORTANT: The Non -Discrimination Notice to the Public must also be provided IN ANY LANGUAGE(S) SPOKEN BYLimited English Proficiency (LEP) POPULATIONS THATMEET THE SAFE HARBOR THRESHOLD Notification of Rights Under Title VI Coordinated Services for the Elderly The Coordinated Services for the Elderly operates its programs and services without regard to race, color, or national origin in accordance with Title VI of the Civil Rights Act of 1964, and related nondiscrimination authorities, any person who believes she or he has been aggrieved by any unlawful discriminatory practice under Title VI may file a complaint with the Coordinated Services for the Elderly. For more information on the Coordinated Services for the Elderly Title VI Program, and/or discrimination complaint procedures, contact the Operations Assistant Director., at (808) 323-4320, email: ead2C&hawaiicounty.gov; or visit our administrative office at West Hawaii Civic Center, Building B, 74-5044 Kailua-Kona, HI 96740 A complainant may file a complaint directly with the State of Hawaii Department of Transportation (HDOT) Office of Civil Rights, ATTN: Title VI Specialist, 200 Rodgers Boulevard, Honolulu, HI 96819 or the Federal Transit Administration (FTA) ATTN: Title VI Program Coordinator, East Building, 5th Floor -TCR 1200 New Jersey Ave., SE Washington DC 20590. If information is needed in another language, contact: Tasha Hoggatt, Equal Opportunity Officer 1 ADA Coordinator at (808) 961-8361. Para infonnaci6n en Espaftol /lame: Tasha Hoggatt, Equal Opportunity Officer 1 ADA Coordinator at (808) 961-8361. !7 IMPORTANT: The Non -Discrimination Notice to the Public must also be provided IN ANY LANGUAGE(S) SPOKEN BYLimited English Proficiency (LEP) POPULATIONS THATMEET THE SAFE HARBOR THRESHOLD USL of Locations Where Title V1 Notice Is Posted The Title VI Non -Discrimination Notice to the public is currently posted at the following locations: Location Name Address city Coordinated Services West Hawaii Civic Center, Building B Kailua-Kona, M for the Elderly, West 74-5044 Ane Keohokalole Hwy Hawaii Kailua-Kona, HI 96740 Coordinated Services 1055 Kinoole Street, Suite 106 Hilo, Hawaii Hilo, HI for the Elderly, East 96720 Hawaii Coordinated Services Island -wide Island -wide vehicles Coordinated Services Island -wide circulation Island -wide for the Elderly circulation Brochures County of Hawaii bLtpLLwww.parks.hawaricounty-lov crivisionsLeldenL rl - -- Island -wide Coordinated Services -activities coo rd i nated-se rVi ces-to r-th e-eldlerl -cse Website Discrimination Complaint- Procedures These procedures provide guidance for all complaints filed under Title VI of the Civil Rights Act of 1964, as they relate to any program or activity that is administered by the Coordinated Services for the Elderly, or its consultants, contractors and vendors. In addition to these procedures, complainants have the right to file a formal complaint with other State or Federal agencies or to seek private counsel for complaints alleging discrimination. Every effort will be made to resolve complaints at the lowest possible level. (1) Any person who believes they have been discriminated against on the basis of race, color, or national origin, may file a discrimination complaint by completing and submitting the agency's Title VI Complaint Form. (2) Formal complaints must be filed within one -hundred eighty (18 0) calendar days of the latest incident of alleged discrimination, or the date when the alleged discrimination became known to the complainant(s), or where there has been a continuing course of conduct, the date on which the conduct was discontinued or the latest instance of the conduct. (3) Complaints must be in writing and signed by the complainant(s) and must include the complainant(s) name, address and phone number. (4) Allegations received by fax or e-mail will be acknowledged and processed, once the identity of the complainant(s) and the intent to proceed with the complaint have been established. For this, the complainant(s) is required to mail the signed, original of the fax or email transmittal for the complaint to be processed. (5) Allegations received by telephone will be reduced to writing and provided to the complainant(s) for confirmation or revision before processing. A complaint form will be forwarded to the complainant(s) to complete, sign and return for processing. (6) Once submitted Coordinated Services for the Elderly will review the complaint form to determine jurisdiction. All complainants will receive an acknowledgement letter informing them of whether the complaint will be investigated by the Coordinated Services for the Elderly or submitted to the State or Federal authority for processing. Investigations (1) The Coordinated Services for the Elderly will investigate discrimination complaints against its sub -recipients; all other discrimination complaints filed against the Coordinated Services for the Elderly will be investigated by the HDOT OCR. (2) For discrimination complaints filed against the Coordinated Services for the Elderly within seventy-two (72) hours or three (3) calendar days of receipt, the Coordinated Services for the Elderly will notify HDOT OCR of the discrimination complaint being filed. The complaint will then be logged identifying its basis of discrimination, the status, and the next steps. HDOT OCR then will assume jurisdiction and follow HDOT's complaint procedures for investigating the complaint. (3) For discrimination complaints filed against the Coordinated Services for the Elderly sub -recipients (i.e., consultants, vendors, and contractors) the Coordinated Services for the Elderly will assume jurisdiction and will investigate and adjudicate the case. (4) The Coordinated Services for the Elderly has ninety (90) days to investigate the complaint. If more information is needed to resolve the case, the Authority may contact the complainant(s). The complainant(s) has ten (10) business days from the date of the letter to send requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant(s) or does not receive the additional information within ten (10) business days, the Authority can administratively close the case. A case can be administratively closed also if the complainant(s) no longer wishes to pursue their case. (5) After the investigation is completed, an investigative report will be drafted, and the parties will be notified of the outcome. A letter shall be issued summarizing the investigative findings, and whether or not there was a violation of the Agency's nondiscrimination policy. In instances where there was no finding, the parties will be informed of such and that the case is closed. In cases where there appeared to be a violation, the parties shall be informed that appropriate action shall be taken to ensure that the alleged act(s) of discrimination stopes. Complainants shall be notified of their right to pursue other avenues of recourse. (6) A copy of the investigative report and the notification letter shall be submitted to HDOT OCR within seventy-two (72) hours of being issued to the parties. (7) A complainant dissatisfied with the Coordinated Services for the Elderly's decision may file a complaint with the Hawaii Department of Transportation, Office of Civil Rights, Title VI Specialist, 200 Rodgers Boulevard, Honolulu, HI 96819 or the Federal Transit Administration offices of Civil Rights, Attention Title VI Program Coordinator, East Building, 5th Floor -TCR 1200 New Jersey Ave., SE Washington DC 20590. (8) A copy of these procedures can be found online at HDOT OCR website: httu:lll idot,hawaii. ovlad inistrationlocrltitle-vi-pro,,ra / 0 If information is needed in another language contact, Tasha Hoggatt, Equal Opportunity Officer /ADA Coordinator at (808) 961-8361. Para infonnaci6n en Espaftol Ilame: Tasha Hoggatt, Equal Opportunity Officer / ADA Coordinator at (808) 961-8361. L Discri all in a tion 'ornplah- � �-orm P" c' Name: Address: Telephone (Home): Telephone (Work): Electronic Mail Address: Large Print El Audio Tape 0 Accessible Format Requirements? TDD 0 Other ❑ k'. *91 - Are you filing this complaint on your own behalf? Yes* El No F *If answered "yes " to this question, go to Section III, If not, please supply the name and relationship of the person for whom you are complaining. Please explain why you have filed for a third party: Please confirm that you have obtained the permission of the Aggrieved party if you are filing on behalf of a third party. 0 Yes F-1 No R9"'915R!11"'.'k% 10- I believe the discrimination I experienced was based on (check all that apply): Race 0 Color El National Origin F Date of Alleged Discrimination (Month, Day,Year): Click or tap here to enter text. Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more space is need, please use the back of this form. Owg 1W g + Have you previously filed a discrimination complaint with this agency? ❑ Yes 0 No ce If yes, please provide any reference information regarding your previous complaint. a Pa• ... .rc ��. ... .. ..°�be '.n ortF .... .^?f'. ..... .. `. ? .. ?,.s -^, s .. ... z., ....�.. .... ... ir'�k ,•a, ..S � .2� .. i.. .. YS :� Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? ❑ Yes O No If yes, name all that apply: Federal Agency: Federal Court: State Court: State Agency: Local Agency: Please provide information about a contact person at the agency/court where the complaint was filed. Name: Title: Agency: Address: Telephone: � .ilr � a a ? � .��, u+��'xr ��x `ix #.�` x, 1, .€ s rt � �* .°^ � s..:. >��.�r, €v .� ... ".rt#„- x��� +. m �'� � # xf .x a.r"^5,r•�. �, ,, � 4 �xk Name of agency complaint is against: Name of person complaint is against: Title: Location: Telephone Number (if available): You may attach any written materials or other information that you think is relevant to your Complaint. Your signature and date are required below Signature 11 Date Coordinated Services for the Elderly West Hawaii Civic Center, Building B 74-5044 Ane Keohokalole Hwy Kailua-Kona, HI 96740 Operations Assistant Director (808) 323-4320 ead2*hawaiicounty.gov A copy of this form can be found online at: 12 x?d bid=l& id= 102699&cr= 1 INVESTIGATIONS 1) NONE 2) LAWSUITS I)NONE 2) COMPLAINTS I)NONE 2) Discrimination Investigations, Complaints and Lawsuits This form will be submitted annually to HDOT OCR. If no investigations, lawsuits, or complaints were filed, type "None" for each category. The Coordinated Services for the Elderly has not had any Title VI discrimination complaints, investigations, or lawsuits in 2019. 13 Elderly FTA 5311 Public Participation Plan 14 The Coordinated Services for the Elderly engages the public in its planning and decision- making processes, as well as its marketing and outreach activities. The public will be invited to participate in the process whether through public meetings or surveys. As an agency receiving federal financial assistance, the Coordinated Services for the Elderly made the following community outreach efforts: The Coordinated Services for the Elderly has worked in conjunction with the County Civil Defense for the last three (3) years in the development of the County Evacuation Plan. This plan specifically addresses the needs of including, at -risk minority and low-income populations. This partnership also includes a coordinated plan in which this agency will provide vehicles, transportation and shelter during evacuation emergencies. 15 y k 4# fjn .. 1� d E .40 Br •k l yi i {} Y 1 k p 'doaty 'k +. ,90 M # µ Sr 11/22/19, Akamai Living Event promoted Community health Outreach booth, Senior Annual Coordinated Fair, west by HMSA, and wellness Fair ID distribution, event Services for the Hawaii Elderly Activities 200+ participants Elderly Division Upcoming Coordinated Participant Participant Participant Survey Quarterly distribution Quarterly Services for the Survey / Survey / Program / Program of program surveys to Elderly Program Brochures Brochures participants. Program Brochures brochures for public distribution The Coordinated Services for the Elderly has worked in conjunction with the County Civil Defense for the last three (3) years in the development of the County Evacuation Plan. This plan specifically addresses the needs of including, at -risk minority and low-income populations. This partnership also includes a coordinated plan in which this agency will provide vehicles, transportation and shelter during evacuation emergencies. 15 In the upcoming year the Coordinated Services for the Elderly will make the following community outreach efforts: F&M OW110 IWO M WN1 R 11110111 ',1 lull 11 BlOQW4113 A 1 -1 1 IWA 1) Senior Advisory Council Meeting (Held twice per year, purpose is to disseminate program information to Senior Club / Nutrition Program site representatives). 2) Senior ID card distribution (Community outreach sessions distributing ID cards and Information and Assistance services to the public). 3) Senior Center visits (Scheduled site visits to Senior Centers and Nutrition Program congregate sites to disseminate Information and Assistance). SUBMIT SAMPLE DOCUMENTS OF THE PUBLIC PARTICIPATION METHODS YOUR AGENCY USES. Attachments: I a — Coordinated Services for the Elderly program brochure. lb — Coordinated Services for the Elderly client rights form. lc — Hawaii County Dept. of Parks and Recreation Service Survey. W1.1 Limited English Proficiency Plan rem M= �f� Limited English Proficiency ,(LEP) Plan 17 The Coordinated Services for the Elderly has developed the following LEP Plan to help identify reasonable steps to provide language assistance for LEP persons seeking meaningful access to the Coordinated Services for the Elderly programs, services, or activities as required by Executive Order 13166 and §321C, Hawaii Revised Statutes. An LEP person is one who does not speak English as their primary language, and who has a limited ability to read, speak, write, or understand English. This plan details procedures on how to identify a person who may need language assistance, the ways in which assistance may be provided, training to staff, notification to LEP persons that assistance is available, and information for future plan updates. In developing the plan while determining the Coordinated Services for the Elderly's extent of obligation to provide LEP services, the Coordinated Services for the Elderly undertook a USDOT's four -factor LEP analysis which considers the following: (1) The number or proportion of LEP persons eligible in the Coordinated Services for the Elderly service area who may be served or likely to encounter by the Coordinated Services for the Elderly program, activities, or services. Primary Language Totals English 69,092 Other Japanese .12,326 2,043 Ilocano 1,083 Chinese 136 Spanish 101 Visa an 34 Ta alo 20 (2) The frequency with which LEP individuals come in contract with the Coordinated Services for the Elderly services. LEP individuals are contacted by Coordinated Services staff primarily by means of outreach efforts, providing transportation services, assessments, and referrals from network agencies and resources. (3) The nature and importance of the program, activities or services provided by the Coordinated Services for the Elderly to the LEP population. The Coordinated Services program provides transportation, information and assistance, and in-home chore services to seniors 60 years of age and older. The assistance provided with these components allow seniors to remain independent and living at home for as long as possible. Frequently within these tasks staff will serve as a liaison on behalf of clients assisting in oral and or written communication with network agencies and community resources. 18 (4) The resources available to the Coordinated Services for the Elderly and overall costs to provide LEP assistance. A brief description of these considerations is provided in the following section. The Coordinated Services for the Elderly program will make every effort to provide vital information to LEP individuals in the language requested whenever possible absent prohibitive costs. Resources available: County of Hawaii Department of Human Resources County of Hawaii Office of Aging / Aging and Disability Resource Center CTS Language Link Safe Harbor Provision The Coordinated Services for the Elderly complies with the Safe Harbor Provision, as evidenced by the number of documents available in the Spanish (for example) LEP language. With respect to Title VI information, the following shall be made available in Spanish (for example) LEP: (1) Title VI Notice In addition, we will conduct our marketing (including using translated materials) in a manner that reaches each LEP group. Vital Documents include the following: (1) Notices of free language assistance for persons with LEP PROVIDE SAMPLE DOCUMENTS OF THE TYPES OF SERVICES YOUR AGENCY PROVIDES FOR LEP INDIVIDUALS. Attachment: 3a — Interpretation Services Available flyer LEP Poster 19 Non -elected C� .mitt e Membershable A sub -recipient who selects the membership of transit -related, non -elected planning boards, advisory councils, or committees must provide a table depicting the membership of those organizations broken down by race. Sub -recipients also must include a description of the efforts made to encourage participation of minorities on these boards, councils, and committees. The Coordinated Services for the Elderly does NOT select the membership of any transit - related committees, planning boards, or advisory councils. MoniI toring for 5310 Saab -Recipient Title VI Compliance HDOT will monitor 5310 sub -recipients' compliance with FTA Title VI requirements. Oversight includes periodic on-site visits, review of submitted Title VI Plans, review of Title VI training programs and sub -recipient's agency -conducted surveys etc. 1. Submits its Title VI Plan every three (3) years. 2. Submits its Title VI Plan which has been approved by a governing entity or highest Authority of the agency. 3. Conducts Title VI Training for all employees. Documents its training program (date, attendance, topic(s) covered, number of hours per topic per session, lecture, video lesson etc.). 4. Conducts Title VI Training for all FTA defined Safety -Sensitive Employees. Documents its training program. (date, attendance, topic(s) covered, number of hours per topic per session, lecture, video lesson etc.). 5. Posts its Notice of Rights under Title VI Notices in FTA funded vehicles. 6. Posts its Notice of Rights under Title VI Notices in office and other publicly accessible places, including group meetings and other informational gatherings for its clients, and general public. 7. Posts its Notice of Rights under Title VI Notices on agency website, brochures, bulletins, etc. 8. Describes how it monitors Title VI compliance by its officers, and employees. 9. Keeps records of discrimination complaints, and resolutions, etc. 10. Conducts surveys of clients, community, coordinated services to assess the level and effectiveness of ensuring non-discrimination. mi Title V! Training DESCRIBE HOW YOUR AGENCY TITLE VI COORDINATORS, AND STAFF A.A�K TV.41NED IN TITLE VI. 11/29/17 — Title VI Compliance Training Webinar for 5310 Grant Vehicle Sub -Recipients Title VI Coordinators and staff will be trained at least every three years and a log will be created and maintained to reflect the training completed. Upcoming ongoing — Coordinated Services for the Elderly quarterly meeting Monthly district staff meetings 21 Approval of the Title V! Plan by Governing Entity The Coordinated Services for the Elderly program is a public service agency under the County of Hawaii, Department of Parks and Recreation, Elderly Activities Division, The Department of Parks and Recreation submitted its Title VI Plan to the Hawaii County Council for approval through its Committee on Parks and Recreation and Public Safety, where it was recommended for approval and transmitted to the full Council on Committee on Parks and Recreation and Public Safety Committee meeting agenda and report dated Attached as Appendix _. Hawaii County Council Order of Business dated Attached as Appendix Resolution No. : Approving the County of Hawaii Department of Parks and Recreation Title VI Plan pursuant to the Federal Transit Administration Title VI Circular 4702 1 B Requirements and Guidelines. Attached as Appendix _. 22 Organizational Chart, N r, I M, ITS 2a — Coordinated Services for the Elderly organizational chart 23 Four -Factor Analy-sis REFERENCE: Federal Transit Administration CIRCULAR 4702.1B FTA C 4702.1 B Chap. III -7 In order to ensure meaningful access to programs and activities, recipients shall use the information obtained in the Four Factor Analysis to determine the specific language services that are appropriate to provide. A careful analysis can help a recipient determine if it communicates effectively with LEP persons and will inform language access planning. The Four Factor Analysis is an individualized assessment that balances the following four factors: Factor 1: Determining the Number and Proportion of LEP Persons Served or Encountered in the Service Area. This population will be program- specific. In addition to the number or proportion of LEP persons served, the recipient's analysis should, at a minimum, identify: a) How LEP persons interact with the recipient's agency; b) Identification of affected LEP communities, and assess the number or proportion of LEP persons from each language group to determine the appropriate language services for each language group; c) The literacy skills of LEP populations in their native languages, in order to determine whether translation of documents will be an effective practice; and d) Whether LEP persons are underserved by the recipient due to language barriers. Factor 2: Determine the Frequency with Which LEP Individuals Come into Contact with MRCS Programs, Activities, and Services. Recipients should survey key program areas and assess major points of contact with the public, such as: a) Use of bus and rail service; b) Purchase of passes and tickets through vending machines, outlets, websites, and over the phone; c) Participation in public meetings; d) Customer service interactions; 24 c) Ridership surveys; and f) Operator surveys. Factor 3: Determine the Importance to LEP Persons of Your Program Activities and Services. Generally speaking, the more important the program, the more frequent the contact and the likelihood that language services will be needed. The provision of public transportation is a vital service, especially for people without access to personal vehicles. 5310 regional planning activities will impact every person in a region. Development of a coordinated plan to meet the specific transportation needs of seniors and people with disabilities will often also meet the needs of LEP persons. A person who is LEP may have a disability that prevents the person from using fixed route service, thus making the person eligible for ADA complementary paratransit. Transit providers, States, and 5 3 1 Os must assess their programs, activities and services to ensure they are providing meaningful access to LEP persons. Facilitated meetings with LEP persons are one method to inform the recipient on what the local LEP population considers to be an essential service, as well as the most effective means to provide language assistance. Factor 4: Determine the Resource Available to the Recipient and Costs. Resource and cost issues can often be reduced by technological advances, reasonable business practices, and the sharing of language assistance materials and services among and between recipients, advocacy groups, LEP populations and Federal agencies. Large entities and those entities serving a significant number of LEP persons should ensure that their resource limitations are well substantiated before using this factor as a reason to limit language assistance. Developing a Language Assistance Plan. After completing the Four Factor Analysis, the recipient shall use the results of the analyses to determine which language assistance services are appropriate. Additionally, the recipient shall develop an assistance plan to address the identified needs of the LEP population(s) it serves. USDOT's LEP Guidance recognizes that certain recipients, such as those serving very few LEP persons or those with very limited resources, may choose not to develop a written plan. However, FTA has determined it is necessary to require its recipients to develop an assistance plan in order to ensure compliance. A recipient may formally request an exemption from this requirement if it believes it fits within the exception described. Recipients have considerable flexibility in developing a Language Assistance Plan, or LEP Plan. An LEP Plan shall, at a minimum: a) Include the results of the Four Factor Analysis, including a description of the LEP population(s) served; b) Describe how the recipient provides language assistance services by language; c) Describe how the recipient provides notice to LEP persons about the availability of language assistance; 25 d) Describe how the recipient monitors, evaluates and updates the language access plan; and e) Describe how the recipient trains employees to provide timely and reasonable language assistance to LEP populations. FTA will solely determine, at the time the recipient submits its Title VI Program or subsequent to a complaint investigation or compliance review, whether a recipient's plan is sufficient to ensure meaningful access and thus ensure the recipient is not engaging in discrimination on the basis of national origin. Translation of Vital Documents After completing the Four Factor Analysis, a recipient may determine that an effective LEP plan for its community includes the translation of vital documents into the language of each frequently encountered LEP group eligible to be served and/or likely to be affected by the recipient's programs and services. Vital written documents include, but are not limited to: 1) consent and complaint forms; 2) intake and application forms with the potential for important consequences; 3) written notices of rights; 4) notices of denials, losses, or decreases in benefits or services; and 5) notices advising LEP individuals of free language assistance services. Examples of vital documents include an ADA complementary paratransit eligibility application, a Title VI complaint form, notice of a person's rights under Title VI, and other documents that provide access to essential services. Failure to translate these vital documents could result in a recipient denying an eligible LEP person access to services and discrimination on the basis of national origin. al LEP POSTER Picast point here it you net -it kin interpreter in this languagiv fat no cost to you). ;'T'*** Let< ttL% (9lRVMLtfJftf) ttbt.), qf*W T-A04vt*01*p401 VIP No musuruhmlipmaiT.4—iti Balmn—Waawan bayAdma,T."d—dity- Kmg Imitnpm %ma mg Ibmang i4wal. - Tagalog, pAiatua lanuun dila Kang. kin glare mi— nig lib. nva ligl,,bd 3a DimiaJtda lm3diri, Tong Yjaetj bd. lh?,aag dick maze do mga..*.kv fIgns4dunc cunscip ma— "Ai clet. rhak,fk Chummam: IMAA rai qlUln. in ymem An nediim int ail mi fim chamur;m ahbA Oda93 .kbe,i't fthutmAnn: MWd" " Wawhumau" Numak mcn m nip hvi. k.- — .i W -t ift tcr Mb! lmhx'ktm An .if— (I— — 6. —1), xam- l,'z*=z bal'il bw'mange aywq man 3We Awwg e .lin Tom (mi clabmmu jisxpm3—rn) mxele =L9 may_ 4i Rluir 1A.mro: Gnb. m -gam Ma tipat Ever iemW yaw gotulfilepatal —1 k- y�Avmi yam' pan" T,vJv- Saman; Fz*araakmule Basi lou IVA ill pei,. mmama'umn lm(ete la&atelgii air Wil. ',Riau: Tubt ki akmikap='eJom%x'u balaluke pvcozml (Rum -21W RYWAff flneem UCPCWANM PYcsXx X=A. AUW2UYfiCE& Y� alacnaa IM!Mf 2qtV4WMWMMA- F'—fi,JfS—,i,hlt PknjkwiAdWe zqvi For please contact: Office of:mpap Attest E --mall: dila d-Joblmai pu t_30 P a3d 64 ml Street, Roam n2 CE: (902) S&5-3"313 HOMI34 Hawaii ME 3 Neghborlslands: 1 (SdM W-5935 27