HomeMy WebLinkAbout2020 Language Access PlanCounty of Hawaii
Department of Human Resources
Language Access Plan
2020
Background
The County of Hawai'i (the "County") is an Equal Opportunity Provider and
Employer. The County adheres to all federal and state civil rights laws
concerning non-discrimination in employment and in delivery of programs and
services to the public. In addition to every other class protected by federal and
state civil rights laws, the County does not discriminate on the basis of national
origin. To ensure compliance with Executive Order 13166, the County takes
reasonable and meaningful action for individuals with Limited English Proficiency
(LEP) have access to activities, programs, and services. The goal of Executive
Order 13166 states, "The Federal Government provides and funds an array of
services that can be made accessible to otherwise eligible persons who are not
proficient in the English language. The Federal Government is committed to
improving the accessibility of these services to eligible LEP persons, a goal that
reinforces its equally important commitment to promoting programs and
activities designed to help individuals learn English. To this end, each Federal
agency shall examine the services it provides and develop and implement a
system by which LEP persons can meaningfully access those services consistent
with, and without unduly burdening, the fundamental mission of the agency."
The Department of Human Resources (DHR) acknowledges the purpose of
Act 290, Session Laws of Hawaii 2006, Chapter 371 - Part III, Hawai'i Revised
Statutes, "Relating to Language Access," to affirmatively address, on account of
national origin, the language access needs of LEP persons. The purpose of our
Language Access Plan (the Plan) is to comply with Executive Order 13166 and to
ensure that persons who are LEP will have meaningful access to the services and
programs we offer to address those needs by providing oral language services;
and written language services as needed. LEP persons are those individuals who
have limited ability to read, write, speak or understand English and may require
language assistance such as an interpreter to communicate with respect to
services, activities and programs offered by the County.
Oral language may come in the form a qualified bilingual staff member
communicating directly in an LEP individual's primary language and interpreters'
services. The County does engage in efforts to assure that staff and the public
are aware of the language access service available to them such as the
Language Line for oral translation. The County has a contract with the
Language Line to provide telephone interpreting services. Since the frequency
with which LEP individuals have contact with DHR employees is negligible, the
estimated cost of providing interpreting or translation services when needed will
not be prohibitive.
Department of Human Resources
Language Access Plan 2020
Page 2 of 8
Department Overview
The Department of Human Resources (DHR) is the central human resource
agency for the County. DHR's functions include administration of civil service
laws as they apply to the County. DHR is responsible for strategic planning, work
planning and employment, personnel development, compensation and
benefits, employee and labor relations, Equal Opportunity, and occupational
health and safety. DHR also supports the Merit Appeals Board and the Salary
Commission with their duties and functions.
DHR has eight divisions. They are:
Administrative Services
• Promotes employees' awareness of available benefits by coordinating
employee benefit plans, including employees' retirement, health benefits,
deferred compensation, and flexible spending plans
• Other responsibilities include administration of the County's Incentive &
Service Awards Program, Leave Sharing Program, compensation
standards and procedures, and personnel records
Classification and Pay
• Promotes equal pay for equal work in the development and
maintenance of the County's position classification plan
• Major responsibilities include advising departments on organizational
changes, position classifications and pay -related matters including the
development of new classes of work
• Collaborates with department heads/deputies and mid-level managers
to develop a productive work force
• Serves as liaison with human resource agencies from other jurisdictions
Equal Opportunity/ADA
• The Equal Opportunity Officer develops policies and programs to ensure
the County of Hawai'i's compliance with all State and Federal Civil Rights
laws
Health & Safety
• Works with County employees, supervisors, managers, executives, and
unions, to promote positive and effective safety and health programs for
the County workforce
• Major area of responsibility includes coordinating and/or conducting all
phases of safety training programs, policies and procedures
• The Division is also responsible for the coordination of Call Center staffing
for the Civil Defense Emergency Operations Center in emergency events
Department of Human Resources
Language Access Plan 2020
Page 3 of 8
Labor Relations
• Promotes a positive and effective labor relations program which
enhances the workplace environment
• Major areas of responsibility include contract negotiations and contract
administration, including grievance processing and advisories to
departments and agencies
• This division works effectively with County employees, supervisors,
managers, and executives, and with Union officials and representatives
Personnel & Organizational Development
• Develops partnerships with department clientele to improve both
individual and human systems effectiveness through personnel
development, organization development, and executive coaching
• Personnel development includes training needs assessment, skills
inventory, formal classroom training, individualized leadership
development for supervisors and alternative dispute resolution and
mediation
• Organizational development provides services in organizational diagnosis,
strategic planning, organizational change management, performance
management, team building and organizational conflict resolution
• Executive coaching supports senior management in areas of complex
organization problem solving and the development of a combination of
skills and human capacities
• These skills and capacities may include coaching, leadership and
organizational skills, implementation of strategic goals, motivation and
commitment to action, analytical and innovative thinking, and social and
communication skills
Recruitment and Examination
• Promotes public service and the merit system principle in attracting
qualified applicants for County civil service vacancies
• The division oversees and administers the recruitment and examination
program for the County of Hawai'i and provides guidance and technical
assistance to departments in the filling of their civil service positions
• The division also serves as liaison between the central human resource
agency and educational, employment and other community agencies to
promote the available employment opportunities in the County of Hawaii
Department of Human Resources
Language Access Plan 2020
Page 4 of 8
Workers' Compensation
• Administers the County's self-insured workers' compensation program, by
providing management and oversight of all workers' compensation
claims made by employees who become ill or injured as a result of, or in
the course of, their employment
• Determinations are made regarding compensation benefits, necessary
treatment, and expenses related to the injury or illness, in accordance
with Hawaii Workers' Compensation law
• The division works with all departments to minimize lost time due to
employee injuries and facilitates return to work as soon as practicable.
Responsibility for Language Access Plan
The Equal Opportunity Officer is the Language Access Coordinator (LAC) for the
Department of Human Resources. The LAC is responsible for developing and
implementing the Language Access Plan. This includes:
■ conducting initial and subsequent surveys to monitor changes in the LEP
population the DHR serves.
■ producing internal documents that outline the policy and procedures of
the Plan.
■ identifying the need for training and following through to provide training
as required.
■ reviewing and modifying the Plan as needed.
■ filing the Plan with the state's Office of Language Access.
The Equal Opportunity (EO) Officer also serves as the Language Access Contact
for the County and encourages other departments to comply with Hawai'i's
Language Access Law, as required. The EO Officer:
■ provides status reports to the Director,
■ maintains a list of bilingual employees,
■ provides information about language resources and the County's
contract with the Language Line, and
■ distributes "If You Need an Interpreter" posters and other resource
materials to departments and agencies as needed.
From time to time, the Director of Human Resources issues reminders to all
departments and agencies of the need to comply with federal and state civil
rights laws requiring language access. Reminders were issued in 2020, 2013,
2009, 2008, 2007, and 2006.
Department of Human Resources
Language Access Plan 2020
Page 5 of 8
Data Collection - Interpreter Requirement
The EO Officer conducted a survey of DHR and other Countywide employees
regarding the frequency with which LEP individuals attempted to access DHR's
services and programs from March 2019 - March 2020.
In determining whether to provide language access, the totality of
circumstances was considered using the four -factor analysis.'
The number or proportion of encounters with Limited English Proficient
speakers
DHR - No contact with individuals who were LEP.
Countywide, approximately 3,924 are LEP with 63 percent of the
total of LEP requesting services from the County of Hawai'i
Immigration Information Office, 25 percent from Parks and
Recreation, Recreation, 7 percent from the Park and Recreation,
Hilo Municipal Golf Course and 5 percent from varies Departments
throughout the County. There were 19 languages that LEP spoke
which included: Japanese, Samoan, Chuukese, German, Korean,
Marshallese, Kosraean, Pohnpeian, Yapese, Micronesian, Tagalog,
Ilocano, Visayan, Thai, Tongan, Vietnamese, Russian, Spanish and
Chinese.
Frequency of DHR employees' contact with individuals who are LEP:
DHR - 100% never had contact.
Countywide varies and depends on the nature of the programs.
The interaction with LEP individuals was through a variety of means
i.e. in-person, by telephone, written correspondence, notices and
brochures intended for public distribution.
III. Nature and importance of services DHR provides:
DHR - Access to employment opportunities is important.
Proficiency in English is a legitimate requirement of employment in
County positions. There is a need for LEP individuals to be aware of
this requirement.
Department of Human Resources
Language Access Plan 2020
Page 6 of 8
DHR - Access to our Anti -Discrimination and Harassment Policy and
Procedures to address real and/or perceived barriers to County
services and programs is important to ensure fair and equitable
access to our programs and services.
Countywide varies and depends on the importance of the activity,
information, service or program, will the increased likelihood of
language service may be needed or requested by LEP individuals.
IV. Resources Available to DHR and the costs of providing interpreting and
translation services:
DHR - The County has a contract with the Language Line to
provide telephone interpreting services. Since the frequency with
which LEP individuals have contact with DHR employees is
negligible, the estimated cost of providing interpreting or
translation services when needed will not be prohibitive.
Countywide - The availability of resources may limit the provisions of
language services. The County balances the needs of LEP
individuals with the funding resources available. The County will
continue to leverage existing resources, including the Language
Line, available interpreting services, and qualified employees who
are bilingual in one of the languages that an LEP individual speaks.
Resources
The County surveys all new employees to self assess their proficiency in
languages other than English. This information is collected and maintained by
DHR. Departments may run reports to access this information when needed.
County departments that need language access services frequently contact the
EO Officer for assistance. Depending upon the nature of the request, the EO
Officer may recommend use of a bilingual employee, use of the list of
interpreters maintained by the Judiciary, consultation with faculty of the
University of Hawaii's College of Languages, Linguistics, and Literature,
networking within the community, use of the Language Line, or other interpreting
services.
Procedure
Posters which state "Interpretation Services Available" (from the Language Line)
and "If You Need an Interpreter" (from the state Office of Language Access) are
Department of Human Resources
Language Access Plan 2020
Page 7 of 8
on display for public viewing in our department. All notices for the Merit Appeals
Board and Salary Commission include a statement which asks persons who need
language interpreting services to telephone requests to the secretary five days
prior to the meeting date. Upon receipt of a request for oral interpreting,
available resources will be researched to determine the best way to fill the
request.
Based upon the results of our survey, no written materials will be translated. The
County will provide on -demand written translation services that are deemed to
be reasonable. Documents will be translated and made available and will be
maintained for future use as needed. In order to further identify LEP individuals
seeking access to services, programs and activities, the County will use cards
and posters when engaging in direct contact with the public to identify the
language needs of the LEP individuals. County employees have access to the
Language Line that can interpret program, services, and activities information
into more than 175 languages. In addition, a multi-lingual notice is included in
the Appendix of this plan, which will be posted on our webpage on the County's
website and within Departments.
We may provide written translation of documents when future surveys
demonstrate an increase in the LEP population our department serves or
proficiency in English is not required to qualify for a position with the County. The
Equal Opportunity Officer will survey our departmental employees periodically to
determine if the Plan should be amended to provide different forms of language
access.
Reporting
Two forms have been developed that can be found on our website at:
www.hawaiicounty.gov (Department of Human Resources I Hawaii County HI),
under the Appendix. Language Access Questionnaire forms are for Division
Heads to list their divisions' functions, identify documents shared with the public,
and report staff encounters with persons who are LEP. The LEP Questionnaire is
for employees to document their experiences with persons who are LEP.
Departmental employees have been asked to document their experiences on
the LEP Questionnaire and submit it to the Equal Opportunity Officer (Language
Access Coordinator).
Hiring of Bilingual Staff
Pursuant to HRS §371-33(d), if we require additional personnel to provide
language access to persons who are LEP as directed by the guidelines in HRS
Department of Human Resources
Language Access Plan 2020
Page 8 of 8
§ 371-33(a) (1)-(4), we will consider hiring qualified employees who are bilingual
to fill vacant existing budgeted positions which serve the public.
Training
The Language Access Coordinator is responsible for development of training
materials and guidelines. The Plan will be circulated to Division Heads for
dissemination to employees.
William V. Brilhante Jr., Director
Department of Human Resources