§ 37.01. NON-DISCRIMINATION POLICY.

(A) Policy statement.

(1) General commitment to non-discrimination.

(a) The city prohibits discrimination and/or the exclusion of individuals from its municipal facilities, programs, activities and services based on the individual person’s race, color, national origin, sex, age, disability, low income status, sexual orientation or limited English proficiency. The city affirms its commitment to providing meaningful opportunities and access to municipal facilities, programs, activities and services in an effort to comply with all laws including: Title VI of the Civil Rights Act of 1964, as amended (hereinafter “Title VI”); Section 504 of the Rehabilitation Act of 1973, as amended; and the Americans with Disabilities Act of 1990, as amended.

(b) The city will post a Title VI notice to the public at each facility that receives and/or provides programs, goods, and/or services to the public.

(2) Persons with disabilities. The city is committed to including qualified individuals with disabilities in municipal services, programs and activities. For further information please see the city’s ADA Transition Plan.

(3) Limited English speaking (LEP) persons.

(a) The city is committed to providing persons with limited English proficiency (LEP) meaningful access and equal opportunity to participate in our services, activities and programs. The city will take reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access and an equal opportunity to participate in our services, activities, programs and other benefits.

(b) Which documents must be translated, when oral translation is necessary, and whether such services must be immediately available depend on many factors. As a result, the city is committed to following the United States Department of Justice (USDOJ) guidance on making such determinations, which includes determining:

1. Number or proportion of LEP individuals;

2. Frequency of contact with the program;

3. Nature and importance of the program;

4. Resources available to the city.

(c) This will be monitored and accomplished through the use of language identification flashcards made available through the United States Census 2010. Additionally LEP and other disadvantaged encounters will be tracked by city personnel through the use of encounter forms placed at the front desk of each department. Each department head will determine how this policy is incorporated in their individual department and its needs.

(4) Contacting the city. Individuals with requests for services, questions or complaints concerning the city’s Non-Discrimination Policy should contact the city’s Title VI Coordinator at:

City Clerk-Treasurer’s Office

320 Main Street/ P.O. Box 110

Rochester, IN 46975

574-223-2510

(B) Non-discrimination standard operating procedures.

(1) Elimination of discrimination. The city will continue to work to identify and eliminate discrimination on race, color race, color, national origin, sex, age, disability, low income status, sexual orientation or limited English proficiency. If discrimination is found to exist, the city will implement appropriate policies, procedures or programs to eliminate the discrimination. Programs and procedures, include, but are not limited to: limited English proficiency access plan; extend contracting and subcontracting activities to disadvantaged business enterprises (DBE) and non-DBE minority and female owned business; and monitoring contractors and consultants for Title VI compliance.

(2) Public outreach. The city is committed to providing the general public with information on the non-discrimination protections provided by Title VI, Section 504 and the ADA. The city will pursue all available opportunities to educate the public on issues relating to discrimination under Title VI, Section 504 and the ADA. Public outreach may include, but is not limited to, posting the city’s non-discrimination policy in public locations, including the city’s non-discrimination policy in public notices as appropriate, and posting the city’s non-discrimination policy on the city’s website.

(3) Limited English proficiency.

(a) The city will take reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access and an equal opportunity to participate in our services, activities, programs and other benefits.

(b) For any program or project receiving federal funds the city will conduct a four-part analysis to determine what, if any, limited English proficiency services will be required.

(c) The four factors to be considered in determining the need and type of language assistance services are:

1. Number or proportion of LEP individuals;

2. Frequency of contact with the program;

3. Nature and importance of the program;

4. Resources available to the city.

(d) If a review of the first two factors show that less than 5% of the intended beneficiaries of the program or project are limited English proficient, no language assistance measures will be developed for that program or project. This will be determined through United States Census Bureau data as well as a review of encounter forms completed by city personnel.

(e) However, in an effort to ensure that persons with limited English proficiency have meaningful access and equal opportunity, the city will accommodate any and all requests for oral or written translation services with a 72-hour notice of request for services.

(f) If more than 5% of the intended beneficiaries of the program or project are limited English proficient, the city will review the nature and importance of the program or project to determine what language assistance measures should be developed for the program or project. The resources available to the city should be considered in determining the appropriate language assistance measures. Language assistance measures may include, but are not limited to, oral translation services, including the use of a telephone interpreter line, and written translation services.

(4) Monitoring contractors and consultants. The city will ensure that all federally funded contracts contain required Title VI assurances prohibiting discrimination in violation of the city’s policy on non-discrimination. The city will monitor consultants and contractors for compliance with the city’s non-discrimination policy. The city will promptly investigate any alleged claim of discrimination and will work with the consultant or contractor to obtain voluntary compliance with the city’s non-discrimination policy.

(C) Complaint procedure.

(1) Any person who believes that he or she, on the basis of race, color, national origin, gender, age, disability, religion, low income status, or limited English proficiency, has been excluded from or denied participation in, been denied the benefits of, or otherwise been subjected to discrimination in or under any program or activity receiving federal funding assistance in violation of Title VI of the Civil Rights Act of 1964, as amended and its related statutes, regulations and directives, may submit a complaint. The city assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not.

(2) Complaint forms can be obtained from the city. Individuals are not required to use the complaint form and may submit a complaint in any format that includes the name, address and telephone number of the individual complaining and brief description of the alleged discriminatory conduct including the date of harm. An individual submitting a complaint alleging discrimination may include relevant evidence, including the names of witnesses and supporting documentation. A complaint must be signed by the complainant.

(3) Complaint forms must be submitted within 180 days of the date of the alleged discrimination. Complaint form should be directed to:

City Clerk-Treasurer’s Office

Title VI Coordinator

320 Main Street/P.O. Box 110

Rochester, IN 46975

574-223-2510

(4) Within 60 days of the receipt of the complaint, the Title VI Coordinator will conduct an investigation of the allegation based on the information provided and issue a written report of its findings to the complainant. The Title VI Coordinator will try to obtain an informal voluntary resolution to all complaints at the lowest level possible.

(5) Any person aggrieved by the findings of the Title VI Coordinator may, within 15 days of the receipt of the response of the Title VI Coordinator, file an appeal to the Office of the Mayor. Within 15 calendar days after receipt of the appeal of the Title VI Coordinator’s report, the Mayor or his or her designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the Office of the Mayor will respond in writing, will explain the position of the Mayor and offer a final resolution of the complaint.

(6) These procedures do not deny the right of any individual to file a formal complaint with any government agency or affect an individual’s right to seek private counsel for any complaint alleging discrimination.

(7) Complaints may also be filed with the following governmental agencies:

Indiana Department of Transportation

Economic Opportunity Division

100 N. Senate Ave, Room N750

Indianapolis, IN 46204

Phone: [phone]

Fax: [phone]

Indianapolis District EEOC Office

101 West Ohio Street, Ste 1900

Indianapolis, IN 46204

Phone: [phone]

Fax: [phone]

TTY: 1 [phone]

Indiana Civil Rights Commission

100 N. Senate Ave, Room N103

Indianapolis, IN 46204

Phone: [phone]

Fax: [phone]

Hearing Impaired: 1 [phone]

(Res. 10-2016, passed - - )