HomeMy WebLinkAboutResolution 4948-06-2018 A Resolution
NO. 4948-06-2018
ADOPTING A REVISED NONDISCRIMINATION PROGRAM
IN COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
FOR USE CITYWIDE
WHEREAS, the City of Fort Worth is the recipient of multiple forms of federal
financial assistance each year, either through direct grants and awards or via subgrants
and awards administered by the state; and
WHEREAS, Title VI of the Civil Rights Act of 1964 and other federal laws prohibit
discrimination in programs and activities receiving federal financial assistance, with
granting agencies mandating certain program- or grant-specific assurances and other
features for local compliance programs, also known as Title VI programs; and
WHEREAS, in the past the City has addressed Title VI compliance on a case-by-
case or departmental basis with each applying department charged with ensuring
compliance for its particular grants and awards; and
WHEREAS, it is desired to create a Citywide Title IV Nondiscrimination Program
to enable uniform grant and award compliance, while also creating a single location to
provide training, monitor compliance, and address discrimination complaints; and
WHEREAS, it is proposed that the new Title VI Nondiscrimination Program be
under the auspices of the City Manager who will have authority to sign the Program,
including any updates thereto; to designate one or more Title VI coordinators; to make
non-substantive changes to the Program as needed; and to periodically review and update
the Program in order to comply with changes in federal or state law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS THAT:
1. A Title VI Nondiscrimination Compliance Program in substantially the form
attached hereto as Attachment "A" is approved and hereby incorporated into
official City records to ensure compliance when the City is a recipient or sub-
recipient of federal financial assistance; and
2. The City Manager is authorized to sign the Program, including any updates
thereto, to verify their official status; to designate one or more Title VI
coordinators; to make non-substantive changes to the Program as needed; and to
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ORT WORT
periodically review and update the Program in order to comply with changes in
federal or state law.
Adopted this 26th day of June, 2018.
ATTE
By: -------------- — -------------
Rona d P. Gonzales, Assistant City Secretary
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Federal Financial Assistance
Nondiscrimination Compliance
P ro g ra m
(Title VI Program)
Approved by Fort Worth City Council
Table of Contents
Introduction............................................................................................ 3
Title VI/Nondiscrimination Program Policy Statement.......................................... 5
Title VI Program Assurances......................................................................... 5
Organization and Staffing............................................................................ 6
FederalAid Programs................................................................................ 7
Public Awareness, Participation, and Outreach Efforts..........................................7
Monitoring of Subrecipients......................................................................... 9
Subrecipient Review Procedures................................................................... 9
Title VI Program Training........................................................................... 9
Accessto Records................................................................................... 10
Complaint Disposition Process.................................................................... 10
Status of Corrective Actions Implemented by Applicant to Address Deficiencies
Previously Identified During a Title VI Program Compliance Review...................... 12
Current Discrimination Complaints and Lawsuits............................................... 12
Attachments & Appendices....................................................................... 13
Attachment A -Title VI Program Nondiscrimination Statement
Attachment B - Federal and State Grant Program Assurances
Attachment C - Title VI/Nondiscrimination Coordinator
Attachment D -Fiscal Year 2018 Grants
Attachment E -Public Notice of Title VI Program Rights Poster
Attachment F -Department Specific Public Participation Plans
Attachment G -External Discrimination Complaint Policy and Complaint Form
Attachment H - Complaint Log Screenshot
Attachment I -Audits and Reviews of City of Fort Worth
Attachment J - Current Discrimination Complaints and Lawsuits
City of Fort Worth 2
Title VI Program
Introduction and Purpose
The City of Fort Worth (City)receives federal financial assistance from multiple federal
entities which require compliance by the City and by its subrecipients with various
nondiscrimination authorities, including Title VI of the Civil Rights Act of 1964. It is
essential that services provided using federal funds comply with the legal guidelines and
requirements stipulated in the grants given by the various federal entities.
This document is the City's Program for addressing compliance with Federal and State
nondiscrimination requirements outlined under Title VI(prohibition of discrimination
based upon race, color, and national origin) and other authorities (for example:
Environmental Justice (Executive Order#12898)and limited English proficiency(LEP)
(Executive Order#13166). The City expects every subrecipient of federal assistance and
City employee to be aware of and apply the intent of this Program in performing their
duties.
In addition, the City's own code of ordinances prohibits discrimination in employment
practices, codified in the Fort Worth City Code, Chapter 17, broadly defined in Section
17-1 (Public Policy Declared). The Title VI Coordinator designated under this Program
is also responsible for monitoring compliance with the City's ordinances regarding
Nondiscrimination.
Authorities
Federal laws and regulations that prohibit discrimination and with which this Program is
intended to ensure compliance include, but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252),
(prohibits discrimination on the basis of race, color,national origin);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
• Title IX of the Education Amendments of 1972, as amended, (20 U.S.C. § 1681 et
seq.), (prohibits discrimination on the basis of sex in education Programs or
activities);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability);
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et
seq.), (prohibits discrimination on the basis of disability);
• 49 C.F.R. part 21 (entitled Nondiscrimination In Federally Assisted Programs Of
The Department Of Transportation--Effectuation Of Title VI Of The Civil Rights
Act Of 1964);
City of Fort Worth 3
Title VI Program
MORE
• 49 C.F.R.part 27 (entitled Nondiscrimination On The Basis Of Disability In
Programs Or Activities Receiving Federal Financial Assistance);
• 49 C.F.R.part 28 (entitled Enforcement Of Nondiscrimination On The Basis Of
Handicap In Programs Or Activities Conducted By The Department Of
Transportation);
• 49 C.F.R. part 37 (entitled Transportation Services For Individuals With
Disabilities (ADA));
• 49 C.F.R. part 303 (FMCSA's Title VI/Nondiscrimination Regulation);
• 28 C.F.R. part 35 (entitled Discrimination On The Basis Of Disability In State
And Local Government Services);
• 28 C.F.R. section 50.3 (U.S.Department of Justice Guidelines for Enforcement of
Title VI of the Civil Rights Act of 1964);Executive Order#12898 (Environmental
Justice);
• Executive Order#13166 (Limited English Proficiency).
• Airport and Airway Improvement Act of 1982 (Pub. L. 97-248 (1982)), as
amended(prohibits discrimination based on race, creed, color, national origin, or
sex).
City of Fort Worth 4
Title VI Program
Title VI/Nondiscrimination Program Policy Statement
The City of Fort Worth (City) is committed to the enforcement and compliance with Title
VI of the Civil Rights Act of 1964 and other Federal authorities (to include 28 CFR Parts
35 and 50, and 49 CFR Parts 21, 27, 28, 37, and 303) prohibiting discrimination.
Specifically, the City is committed to ensuring that no person shall, on the grounds of
race, color, creed, national origin, sex, income, age, disability, or limited English
proficiency (LEP), be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any Program or activity. The City will make
every effort to prevent negative impacts on those populations identified above as result of
discrimination in the City's Programs, policies, or activities. Every effort will be made to
ensure nondiscrimination in all of the City's Programs and activities, whether or not those
Programs and activities are federally funded.
The City's Title VI Coordinator is responsible for initiating and monitoring Title VI
Program services/activities, preparing required reports, and performing other Title VI
Program responsibilities as required by applicable Federal laws and regulations. City
personnel will assist the City's Title VI Coordinator to ensure the effective
implementation of the City's Title VI Program. Additionally, in furtherance of the City's
commitment to comply with regulations requiring Title VI Program Assurances, copies
of required assurances for each current City grant are attached to the City's Title VI
Program.
David Cooke Date
City Manager
City of Fort Worth
[Title VI Program Nondiscrimination Policy Statement, as depicted here, is also included
as Attachment A.]
Title VI Program Assurances
Title VI Program Assurances for each current City grant are attached to this Program as
Attachment B.
City of Fort Worth 5
Title VI Program
Organization and Staffing
The City's Title VI Program will be coordinated and monitored by the City's Human
Relations Office. The City Manager will designate a staff member to serve as the City's
Title VUNondiscrimination Coordinator. With the support of the Human Relations staff,
the Title VI Coordinator is responsible for monitoring all aspects of the Title VI Program
and has sufficient authority and delegated power to carry out the duties of this position
including providing training, performing compliance audits, and investigating complaints
of alleged violations or discrimination. A letter signed by the City Manager indicating
the currently designated Title VI Coordinator is located at Attachment C.
In administering the City's Title VI Program, the City's Title VI Coordinator will report
directly to the City Manager or the City Manager's Designee. The Title VI Coordinator
is responsible for initiating and monitoring Title VI compliance activities. The Title VI
Coordinator will be responsible for ongoing administration of the Program including
preparing reports and performing other responsibilities as required by applicable Federal
regulations.
Duties of the Title VI Coordinator will include:
Program Administration. Coordinate and monitor compliance with Title VI Program
assurances, policies, and Program objectives; perform Title VI Program reviews to
assess administrative procedures, staffing, and resources; and provide recommendations
as required to the City Manager.
Complaint Resolution. Review and investigate Title VI complaints received by the
City and ensure every effort is made to resolve complaints.
Title VI Work Plan and Accomplishment Report. Annually review and update the City's
Title VI Program to ensure conformance with current applicable Federal laws and
regulations and create a Title VI Work Plan and Accomplishment Report. As part of the
Title VI Coordinator's annual review of the Program, update all attachments and
appendices as needed. Provide a copy of the Work Plan and Accomplishment Report on
request to any Federal Entity which has awarded grant funds to the City. Ensure the
following information for the preceding Federal fiscal year is contained in the annual
Title VI Work Plan and Accomplishment Report:
• Record of Title VI investigations, complaints or lawsuits
• Plan to involve persons with Limited English Proficiency(LEP)
• Title VI Program notices to the public
• Summary of public outreach and involvement activities and a description
of steps taken to ensure that minority and disadvantaged persons had
meaningful access to these activities.
City of Fort Worth
Title VI Program
• Current City census data
• Brief summary of Title VI accomplishments
• Overview of any changes to the Program and its attachments
Data Collection. Ensure statistical data related to race, color, creed, national origin, sex,
income, gender, age, disability, and limited English proficiency (LEP) is collected,
appropriately analyzed, and captured in the City's Title VI Work Plan and
Accomplishment Report.
Environmental Impact Statements Preparation. Ensure that available census data is
included as a part of all Environmental Impact Statements/ Environmental Assessments
(EIS/EA) for receiving any Federal financial assistance.
Training Program Development. Facilitate training on Title VI Program issues and
authorities for City employees and subrecipients every year. The City will develop a
Title VI Program training program and will present the Program to employees and
subrecipients at least once every fiscal year.
Federal Aid Programs
The City of Fort Worth applies for multiple Federal grants for the benefit of the general
public regardless of race, color, creed, national origin, sex, age, disability, income, and
LEP.
A listing of the City's current Federal grants is included as Attachment D of this
document. As part of the Annual Work Plan and Accomplishment Report, an update
will be made to Attachment D reflecting then-current grants.
Public Awareness, Participation, and Outreach Efforts
The City of Fort Worth is committed to encouraging citizen involvement across all
sectors of its population regardless of socioeconomic, language, or other barriers or
challenges. The City has developed extensive public outreach mechanisms for
addressing the City's diverse communities.
Publicizing Title VI Program and Complaint Process
The Title VI Coordinator will work with City staff to develop and disseminate
information regarding the Title VI Program, including the complaint process as
detailed herein, to City employees, sub-recipients, contractors, subcontractors,
consultants and the general public. Departmental staff will incorporate Title VI
City of Fort Worth 7
Title VI Program
Program compliance language in contracts and agreements where appropriate.
The Title VI Coordinator will ensure the posting of information regarding the
City's Title VI Program online and in City buildings, including the document
entitled "Public Notice of Title VI Program Rights," a copy of which is found at
Attachment E.
The above-referenced "Public Notice" will be posted in English and Spanish
during any period in which the City is receiving Federal financial assistance.
Promoting Public Participation in Federally Funded Programs and Activities
Departments shall be responsible for providing notice and conducting public
outreach to ensure members of the public, including those with limited English
proficiency and individuals in need of sign language or other interpretive
services, have awareness of and meaningful opportunity to participate in
programs and activities that are funded in whole or in part with federal financial
assistance. Dissemination may include public announcements or notices of
proposed projects, hearings, meetings, or formation of public advisory boards
being posted at City Hall or other physical locations as well as their publication
via newspapers or other media reasonably expected to reach the affected
communities.
To the extent a particular grant or other federal financial assistance program
mandates more specific outreach or communication efforts, the department
seeking or administering such funding is charged with developing outreach and
participation procedures that meet such requirements. A complete collection of
these current, more detailed Public Participation Plans are included in
Attachment F. The Title VI Coordinator and staff in the City's Communication
Office shall serve as resources to assist departments in their efforts reaching out
to the public, including but not limited to those with limited English proficiency,
and encouraging participation.
Soliciting Public Input on Environmental Justice and Other Matters
To ensure compliance with environmental justice and other program-specific
public-review-and-input processes, departmental staff will also advertise and
hold public hearings in order to solicit public feedback on planning, design, and
other matters for federal financial assistance programs conducted under the
auspices of the Federal Highway Administration and other granting agencies as
required.
All public awareness, outreach, and participation efforts conducted under this Program
will utilize available minority publications or media where appropriate and will provide
City of Fort Worth 8
Title VI Program
written or oral information in languages other than English as needed in order to
promote full participation.
Since the City does not conduct motorist licensure/motor vehicle registration activities,
the City is not required to provide a"Community Participation Plan"as that term is
defined in regulations regarding federal financial assistance associated with the Federal
Motor Carrier Safety Administration.
Monitorintr of Subrecipients
Each department that is receiving federal financial assistance is charged, as part of its
contract management duties, with developing and implementing Title VI compliance
guidance and training for its subrecipients to the extent required in the applicable Federal
financial assistance agreements and regulations and is responsible for monitoring and
ensuring compliance.
Subrecipient Review Procedures
Along with the City's own compliance with Title VI and other nondiscrimination
authorities, the City is responsible for developing and implementing an effective external
monitoring Program for its subrecipicnts. Staff who are charged with administering and
managing City contracts will monitor for compliance with this Program and will conduct
periodic audits of subrecipients of any Federal financial assistance in accordance with the
terms of applicable agreements and regulations.
The City's Title VI Coordinator will serve as a resource to City departments in their
efforts to comply with the requirements above.
Title VI Prop-ram Training
The Title VI Program Training for the City consists of an internal training for assigned
departmental personnel which will be administered by the Title VI Coordinator and fully
developed no later than September 30, 2018. The City of Fort Worth may utilize an
online training platform to train personnel on the provisions of the Title VI Program, the
role and responsibilities of departmental staff, and annual reporting requirements.
A summary of training conducted will be reported in the Title VI Work Plan and
Accomplishment Report.
City of Fort Worth 9
Title VI Program
l
Access to Records
The Human Relations Office will maintain records of complaints and investigations
under this Program. Upon the completion of any investigation and review by the Title VI
Program Coordinator, the investigation file and copies of all correspondence will be kept
in accordance with standard records retention policies of the City of Fort Worth. The
complaints and files maintained by the Human Relations Office are confidential to the
extent allowed by State and Federal law. Any information related to a complaint or
compliance review will be made available, on request, during regular business hours to
the applicable granting Federal entity.
Complaint Disposition Process
The City has developed procedures for investigating and resolving discrimination-related
complaints under the Fort Worth City Code, which charges the City's Human Relations
Office with enforcement.
Alleged Discrimination by City of Fort Worth
Any person or group of persons or their authorized representative may file a complaint of
discrimination if such person believes that city services, activities or programs were
withheld or denied on a discriminatory basis. Complaints may be filed electronically, by
mail, fax, or in person at the City of Fort Worth Human Relations Office located at 818
Missouri Ave., Fort Worth, Texas 76104; (817) 392-7525, Fax: (817)-392-7529. A
discrimination complaint must be filed within 180 days from the date of the most recent
occurrence of alleged discrimination.
The Title VI Coordinator is responsible for ensuring that a thorough investigation of the
allegation(s) is conducted. Every effort will be made to conclude the investigation within
100 calendar days. The Title VI Coordinator will contact any witnesses identified by the
Complainant as a part of the investigation and may confer with such City staff as is
necessary to ensure a thorough review of relevant data. Upon completion of the
investigation, the Title VI Coordinator will issue a finding and notify the Complainant in
writing.
The Complainant will be notified in writing by the Title VI Coordinator within ten
working days of the decision being made. The correspondence will provide the
disposition of the complaint and will notify the Complainant of the right to appeal within
15 days to the Director of Human Relations.
City of Fort Worth 10
Title VI Program
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If it is determined that there is reasonable cause to believe that discrimination has
occurred, the City of Fort Worth will take all necessary action to correct the
discrimination.
Alleged Discrimination by Third Party in Federally Funded Activities
Complaints involving alleged discrimination by a third party with respect to any activity
funded in whole or in part by Federal financial assistance will be referred to the Federal
granting agency or State subgranting agency, as applicable, within ten calendar days of
receipt by the City of Fort Worth.
Attachment G is a copy of the City's Discrimination Complaint Policy and the City's
Discrimination Complaint Form. A person looking to file a complaint will have access to
the information regarding the City's policy through the City's website.
Appeals from City Determination
An individual who is dissatisfied with the initial determination of the Human Relations
Office regarding the individual's discrimination complaint may be able to appeal to the
agency or entity from which the City received funding. Whether or not an agency
provides an appeal shall be determined in accordance with that agency's administrative
regulations and practices.
Complaint Log
The Office of Human Relations maintains a complaint log, which documents all activity
related to the complaint.
The information captured in the Complaint Log includes:
• Complainant's name, race, color, sex, and nation origin
• Respondent's name
• Basis(es) of the discrimination complaint
• Allegation(s)/Issue(s) surrounding the discrimination complaint
• Date the discrimination complaint was filed
• Date the investigation was complete
• Disposition
• Disposition date
• Information regarding appeal, if permitted, and its disposition
• Other pertinent information
Representative samples of the log are included at Attachment H.
City of Fort Worth 11
Title VI Program
� 1 e
Status of Corrective Actions Implemented by the City of Fort Worth to
Address Deficiencies Previously Identified During a Title VI Program
Compliance Review
The City maintains comprehensive records of audits and other reviews of alleged
noncompliance with respect to its Title VI and other nondiscrimination Programs.
A listing of such audits and reviews for the last seven years is located at Attachment I.
Current Discrimination Complaints and Lawsuits
A brief summary of complaints and lawsuits regarding alleged discrimination by the City
filed or received during the last seven years is located at Attachment J.
City of Fort Worth 12
Title VI Program
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved,on 6/26/2018 - Resolution No. 4948-06-2018
DATE: Tuesday, June 26, 2018 REFERENCE NO.: **G-19307
LOG NAME: 02CITYWIDE TITLE VI PLAN
SUBJECT:
Adopt Resolution Approving City-Wide Nondiscrimination Plan, in Accordance with Title VI of the Civil
Rights Act of 1964 and Other Authorities to Ensure Federal and State Grant Compliance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution approving an updated Non-
Discrimination Program for the City of Fort Worth in accordance with Title VI of the Federal Civil Rights Act
of 1964 (Title VI) and other authorities to ensure Federal and State Grant compliance and authorizing the
City Manager or his designee to sign the official Program, to designate one or more Title VI coordinators,
and to update the policy as needed to make minor, non-substantive revisions and to reflect changes in
applicable federal or state law.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to enact a citywide Title VI compliance
program for use in all City, state and federal grants.
The City is required, under Title VI and other federal legislation, to ensure that individuals, groups, and
organizations are protected from discrimination based on race, color, national origin, and certain other
identified characteristics or statuses as a condition of acceptance of state or federal aid. The City receives
substantial federal and state grant funding and other federal financial assistance each year. In the past,
individual departments and programs receiving grants have adopted case-specific Title VI programs rather
than a program that applies Citywide. In order to ensure uniformity Citywide, a more encompassing Title
VI plan has been drafted that is intended to meet the needs of all departments within the City that apply for
grants.
With guidance and feedback from the Texas Department of Transportation Division of Civil Rights and the
Federal Motor Carrier Safety Administration, staff has drafted an updated Title VI Program for the City.
The City's updated Title VI Program includes nondiscrimination Assurances and a policy statement; citizen
engagement plans, including for those with limited English proficiency; procedures for addressing external
and internal discrimination complaints; and the City's nondiscrimination self-monitoring process. The
Program also provides for the identification of one or more Title VI Coordinators charged with working with
all departments to ensure compliance.
The attached resolution being presented to the City Council for adoption sets out the basic framework of
the Program with program- or grant-specific requirements being added as appendices or addenda to the
core Program document. The resolution also authorizes the City Manager or his designee to sign the
official Program, including any updates, to verify their official status and to modify the Program as needed
to make minor, non-substantive revisions and to reflect changes in applicable federal or state law.
Logname: 02CITYWIDE TITLE VI PLAN Page I of 2
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project JProgram ctivity Budget Reference # moun
ID ID Year ChartfieId 2
FROM
Fund Department c ouniq Project JProgram ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Angela Rush (6155)
Additional Information Contact: Royce Hansen (7553)
Logname: 02CITYWIDE TITLE VI PLAN Page 2 of 2