Albany County, NY Nondiscrimination Policy (Title VI Plan)

The County of Albany is committed to compliance with Title VI of the Civil Rights Act of 1964, 49 CFR Part 21, and all related regulations and directives. The County of Albany assures that no person shall, on the grounds of race, color, national origin or English proficiency, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any County of Albany program, activity or service. The County of Albany further assures every effort will be made to ensure nondiscrimination in all of its programs, activities and services, whether those programs, activities and services are federally funded or not. In the event the County of Albany distributes federal aid funds to another entity, the County of Albany will include Title VI language in all written agreements and will monitor for compliance.

(2)

The County of Albany is also committed to assure every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities in accordance with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and in Low-Income Populations. In addition, the County of Albany assures every effort will be made to provide meaningful access to persons that have limited English proficiency, in accordance with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency.

Definition of "federal financial assistance" and "recipients affected." "Federal financial assistance" is defined as any federal dollars that are assigned to the County of Albany to support any program, activity or service by way of grant, loan or contract, other than a contract of insurance or guaranty.

Specific forms of discrimination prohibited. County of Albany efforts to prevent discrimination are, but are not limited to:

(1)

The denial of services, financial aid or other benefits provided under a program.

(2)

Distinctions in the quality, quantity or manner in which the benefit is provided.

(3)

Segregation or separation of persons in any part of the program.

(4)

Restriction in the enjoyment of any advantages, privileges or other benefits provided to others.

(5)

Different standards or requirements for participation.

(6)

Methods of administration which directly or indirectly or through contractual relationships would defeat or impair the accomplishment of effective nondiscrimination.

(7)

Discrimination in any activities or services related to a highway, infrastructure or facility built or repaired in whole or in part with federal assistance.

(8)

Discrimination in any employment resulting from a program or services, the primary purpose of which is to provide employment.

Programs and services covered by Title VI. The County of Albany's Title VI Nondiscrimination Policy applies to all of the entities programs, activities and services, regardless of funding source. Some sections deal with specific requirements (e.g., FAA, FHWA, FRA and FTA funded programs).

§ 421-2 Title VI assurances.

A copy of Albany County's Title VI Assurances Statement is attached as Appendix A.[1] The Assurances Statement reflects the County's commitment to comply with Title VI of the Civil Rights Act of 1964, as amended, and the County's policy to ensure equal opportunity and to prevent and eliminate discrimination. Albany County shall submit its Assurances Statement whenever the County accepts funding from the Federal Government.

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

§ 421-3 Implementation and responsibilities.

The Title VI Coordinator shall be responsible for overseeing the implementation of Albany County's external and internal civil rights program activities to ensure equal opportunity for all. This individual shall implement, monitor and ensure the County's compliance with Title VI and related nondiscrimination regulations. The Title VI Coordinator in Albany County shall be the Director of Affirmative Action.

The duties of the Title VI Coordinator shall include, but are not limited to:

(1)

Processing Title VI/discrimination complaints received by the County. When the County is identified as the complainant, the complaint will be forwarded to the USDOT entity that has jurisdiction over the program or activity.

(2)

Ensuring and monitoring the collection of statistical data of participants in, and the beneficiaries of, and any individual or group affected by the state highway programs.

(3)

Reviewing directives and operating manuals of County government operation and, where applicable, including Title VI language and related requirements.

(4)

Ensuring Title VI/nondiscrimination reviews by appropriate County department heads of construction contractors, consultant contractors, suppliers and other County subrecipients of federal aid highway funds administered through the County.

(5)

Conducting training on Title VI/nondiscrimination and other related statutes for employees and program areas within the County and subrecipients.

(6)

Developing Title VI information for dissemination to the general public and, where appropriate, in languages other than English. This includes providing interpretation services when required. Title VI and related nondiscrimination guidance will be provided on the County's website for the general public to access.

(7)

Establishing procedures for promptly resolving Title VI/nondiscrimination deficiencies within 90 days.

In support of this policy, the County of Albany affirms its right to take appropriate action if it or another duly constituted authority should determine that applicable federal and state equal employment opportunity laws and regulations have been violated, or that the effect or intent of this policy has been willfully or habitually abrogated.

§ 421-4 Communication and publication.

The following communication and publication procedures will be adhered to regarding dissemination of Title VI policies:

Internally.

(1)

Department heads and other departmental contacts shall be informed by: written communications from the County Executive and/or Title VI Officer. The Title VI Plan shall be posted on the Albany County internet site under the Department of Human Resources/Division of Affirmative Action.

(2)

All employees are informed by:

(a)

Bulletin board or memorandum from the Title VI Officer, including Title VI information in employee orientation. Copies of the Title VI Plan are available on the Albany County website under the Department of Human Resources/Division of Affirmative Action.

(b)

Title VI/nondiscrimination posters will be posted on general information bulletin boards throughout the County government offices and on the County's website at www.albanycounty.com under the Department of Human Resources/Division of Affirmative Action.

(c)

Title VI and related nondiscrimination training shall be provided to all employees a minimum of every three years. All new employees will receive Title VI and related nondiscrimination training within 45 days of employment.

(3)

Subrecipients shall be informed of the Title VI provisions on the Albany County website under the Department of Human Resources/Division of Affirmative Action.

Externally.

(1)

The Title VI Policy shall be available on the Albany County website under the Department of Human Resources/Division of Affirmative Action.

(2)

Title VI posters will be displayed as required by 23 CFR 200.9(b)(12); and 28 CFR 42.405(c)

(3)

Nondiscrimination clauses are included in contracts and agreements between outside vendors and Albany County.

§ 421-5 Data collection, planning and public outreach.

Albany County promotes full and fair participation by all segments of the population, including minority, low-income communities and populations that are limited English proficient.

Title VI, one of the primary federal nondiscrimination laws, prohibits discrimination on the basis of race or national origin in the provision of any services that are at all supported with federal funds. Title VI is a valuable tool not only to redress past discrimination, but also to monitor ongoing practices. Title VI provides a legal foundation for the collection of racial, ethnic and primary language data from recipients of federal financial assistance even when a specific statutory requirement to collect this data does not exist.

Public meetings are held in ADA-accessible locations. Where possible, meetings are planned in locations that align with public transportation route schedules.

If a member of the public requests assistance with reading the minutes, understanding the content of the meeting or providing information for project planning and development, the individual should be referred to the Title VI Coordinator, who will then make the necessary arrangements.

Albany County has an ADA Transition Plan that will be reviewed biannually by the Department of Public Works and the Department of General Services, and updated as necessary. The ADA Transition Plan will be made available to the public on the County's website, http://www.albanycounty.com/ Government/Departments/DepartmentofHumanResources/DivisionofAffirmativeAction.aspx, under Title VI plan. A copy of the ADA Transition Plan is attached as Appendix C.

Whenever there is a transportation project, planning and designing services will be provided by qualified consultants, who are required to review and analyze demographic data, including but not limited to race, color, national origin, sex, low income and limited English proficiency. Projects designed must be in compliance with all ADA and Title VI regulations. These project designs will be reviewed and approved by state and federal agencies prior to construction.

Limited English proficiency (LEP).

(1)

On August 11, 2000, President William J. Clinton signed an executive order, Executive Order 13166: Improving Access to Service for Persons with Limited English Proficiency, to clarify Title VI of the Civil Rights Act of 1964. It had as its purpose, to ensure accessibility to programs and services to otherwise eligible persons who are not proficient in the English language.

(2)

Albany County strives to serve its population to the best of its ability. According to the U.S. Census Bureau, the percentage of LEP population in Albany County recorded during the 2010 Census is approximately 3.9%. The largest LEP population is speakers of Spanish, which represents 1% of the LEP population in Albany County. To accommodate these individuals, Albany County provides, upon request, services to assist the LEP population, including translation of vital documents, interpretation services and alternative public outreach media. Language cards have been provided to each department for assistance in providing services to limited English proficiency individuals. Progress is still being made to fully serve the entire Albany County community.

§ 421-6 Title VI complaint procedure.

General.

(1)

As a recipient of federal funding from the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), the Federal Rail Administration (FRA) and the Federal Aviation Administration (FAA), in accordance with 23 CFR 200.9, the County of Albany has developed a Title VI complaint procedure and maintains a complaint log.

(2)

This procedure covers all complaints filed under Title VI of the Civil Rights Act of 1964 (Title VI), as amended, regarding any program or activity administered by the County of Albany as it relates to local agencies, contractors and other subrecipients of United States Department of Transportation (USDOT) funds. This procedure applies to the County of Albany, and all federally funded subrecipients are required to have similar procedures in place as well.

Procedure. The County of Albany has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he/she has been subjected to discrimination based upon race, color, national origin, sex, religion, age, disability, family or income status in any of the County of Albany programs, services or activities may file a complaint with the County of Albany's Title VI Coordinator:

Title VI Coordinator

Division of Affirmative Action

Albany County Department of Human Resources

112 State Street, Suite 900

Albany, New York 12207

Phone: (518) 447-7010

Fax: (518) 447-5560

E-mail: titlevicoordinator@albanycountyny.gov

(1)

Complete and submit complaint form. If possible, the complaint should be submitted in writing and contain the identity of the complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age, disability or family status); and a description of the alleged discrimination, with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI Coordinator for assistance. The County of Albany will also maintain a Title VI/Discrimination Complaint Log to track Title VI/discrimination complaints filed with the agency, to include the final disposition/outcome of the complaints. If assistance is needed to complete the complaint form, please contact the Title VI Coordinator at the contact information provided above.

(2)

Review of the complaint form. Upon receipt, the complaint form will be reviewed to determine if the County has jurisdiction to review the alleged act of discrimination. Within 10 business days, the complainant shall receive an acknowledgement letter informing him/her whether the complaint will be investigated.

(3)

Investigation. Albany County shall endeavor to investigate complaints within 60 calendar days from the receipt of a complaint form. If more information is needed to resolve a case, the County may contact the complainant. The complainant has 30 calendar days from the date of the letter from the County requesting additional information to send the requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the requested information within the thirty-day time frame, the County may administratively close the case. A case may also be administratively closed if the complainant informs the County that he/she no longer wishes to pursue the case.

(4)

Informing the complainant of the results of the investigation. After the investigator reviews the complaints, he/she will issue one of two letters to the complainant: a Closure Letter or a Letter of Finding. A Closure Letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed. A Letter of Finding summarizes the allegations and the results of the investigation and explains whether any disciplinary action, additional training of a staff member or other action will occur.

(5)

Appeal of the decision.

(a)

If the complainant wishes to appeal the decision, he/she has 30 days after the date of the Letter of Finding or Closure Letter to file an appeal. The appeal is filed to the attention of the Albany County Commissioner of Human Resources, 112 State Street, Suite 900, Albany, New York 12207.

(b)

Should the complainant be unable or unwilling to complain to the County of Albany, the written complaint may be submitted directly to the New York State Department of Transportation (NYSDOT). NYSDOT will serve as a clearinghouse, forwarding the complaint to the appropriate state or federal agency:

New York State Department of Transportation

Office of Civil Rights

50 Wolf Road, 6th Floor

Albany, NY 12232

ATTN: Title VI Statewide Coordinator

(c)

The County of Albany will post the Title VI Complaint Procedures and a complaint form on the County of Albany official website and ensure the public has easy and direct access to the complaint procedures.

(d)

Information on filing a complaint, including the complaint form can be accessed at the Albany County website: http://www.albanycounty.com/Government/Departments/DepartmentofHuman Resources/DivisionofAffirmativeAction.aspx

(e)

A copy of the complaint form is attached as Appendix C. A copy of the Discrimination Complaint Log is attached as Appendix E.

§ 421-7 Monitoring and review process.

Albany County will annually review its operations to ensure compliance with Title VI. In addition, all contracts with subrecipients will be reviewed in the Albany County Attorney's Office, which ensures all contracts include nondiscrimination clauses.

All complaints received during the previous year will be reviewed again by the Title VI Coordinator and County Attorney to determine whether there are any repetitive issues. If any repetitive issues are identified, the issues will be investigated again, with attention given as to why there was a repetitive issue and what can be done to correct the issue. The County shall correct the issue and then evaluate whether the correction has eliminated or resolved the issue.

§ 421-8 Public participation plan.

All applicants for Federal Transit Administration (FTA) financial assistance are required to ensure that their programs, policies and activities comply with U.S. Department of Transportation (USDOT) Title VI of the Civil Rights Act of 1964. In order to comply with Title VI, Albany County has developed a Public Participation Plan, which is attached as Appendix E.

The goal of the Public Participation Plan is to offer early, often and continuous opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed transportation decisions.

§ 421-9 Notification to beneficiaries.

The County of Albany provides information to the public regarding the County's obligations under Title VI regulations and apprises the general public of the protections against discrimination afforded to them by Title VI. The County of Albany disseminates this information to the general public by posting the Title VI policy notice on the County's website and in County departments. A copy of the Public Notice is attached as Appendix F.