HomeMy WebLinkAbout2022 City Council Policy 221 - Title VI of the Civil Rights Act of 1964 - complaint form attached °hq°°o CITY OF REDDING, CALIFORNIA
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COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
Title VI of the Civil Rights Act of 1964 and
Related Statutes. 2017-086 221 09-19-17 1
BACKGROUND
The City of Redding (City) will ensure that no person is excluded from participation in, denied the
benefits of,or otherwise subjected to discrimination under any of its projects,activities,or services and
business opportunities on the basis of race, color, national origin, age, sex or disability as afforded by
Title VI of the Civil Rights Act of 1964(Title VI)and related statutes,as amended. All persons, regardless
of their citizenship, are covered under this regulation.
PURPOSE
The purpose of this policy is to affirm the City's commitment to non-discrimination under Title VI. The
City strives to ensure non-discrimination in all of its projects, activities, or services and business
opportunities whether or not they are federally funded. Any person who believes they have been
aggrieved by any unlawful discriminatory practice may file a complaint as outlined in the City of
Redding's Title VI Program Manual. In addition, the City's Personnel Policy — Harassment,
Discrimination, and Retaliation further addresses policy and complaint procedures and is available to
employees online and in the Personnel office.
A) It is the intent of the City Council (Council), that as a far-reaching organization, the City take a
proactive leadership role in good faith efforts to achieve non-discriminatory practices in serving
all citizens of Redding and recipients of City programs and service offerings, inclusive of
minority populations and low-income populations, as provided herein. In addition, it is the
intent of the Council to ensure the City provides equal employment and business opportunities
to individuals with Limited English Proficiency(LEP).
B) As a recipient of federal funds,the City ensures that its projects, activities, and services comply
with the Title VI Regulations, as amended.
C) To designate the coordinators of the City's efforts to comply with and carry out the
requirements of the Title VI Regulations, as amended.
POLICY
It shall be the policy of the Council to ensure the City provides LEP individuals access to the City's
projects, activities, and services and to maintain compliance with the Title VI Regulations.
The City endorses the goals of Title VI, ensuring equal participation of �EP individuals. The major
principles of mainstreaming which the City of Redding endorses are:
1) LEP Individuals shall be integrated to the maximum extent appropriate.
2) The City's Title VI Policy is posted in high volume areas such as websites and administrative
offices of the City. This regulation shall be maintained in English and Spanish.
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NUMBER NUMBER DATE
Title VI of the Civil Rights Act of 1964 and
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3) LEP individuals shall not be excluded from the regular programs of the City, or required to
accept special services or benefits.
4) The City will not impose eligibility criteria for participation in its projects, activities, or services
that either screen out or tend to screen out LEP individuals, unless it can show that such
requirements are necessary for the provision of the service, program, or activity.
PO�ICY IMPLEMENTATION AND TIT�E VI COORDINATOR DESIGNATIONS
Title VI requires public entities to designate at least one employee to coordinate the investigation of
complaints from �EP individuals.
1) Employees. Each Department Director is responsible for ensuring that there is no
discrimination against �EP persons by: 1) ensuring that all employees under their direction are
informed of this City policy; and 2) ensuring that any instances or allegations of discrimination
are immediately reported to the Personnel Director. The Personnel Department will ensure
that each employee receives a copy of this policy.
The Personnel Director will ensure that all complaints are investigated and will attempt
resolution of complaints filed in the Personnel Department. Individuals are encouraged to
immediately report any act of discrimination to their supervisor, department director, or the
Personnel Director. Staff receiving complaints should fully inform the individual of their rights,
take appropriate and timely steps to investigate,and,when merited,take prompt and effective
remedial action.
Title VI Coordinator
Personnel Director(or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 225-4065
2) Public Works. The Title VI Coordinator for the public services provisions of Title VI, covering
program accessibility,communications, architectural barrier, and transportation issues.
Title VI Coordinator
Director of Public Works (or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 245-7156
3) Housing. The Title VI Coordinator for Housing is as follows:
Title VI Coordinator
Housing Manager(or his/her designee)
777 Cypress Avenue
Redding, CA 96001
(530) 245-7136
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COUNCIL POLICY
SUBJECT RESOLUTION POLICY EFFECTIVE PAGE
NUMBER NUMBER DATE
Title VI of the Civil Rights Act of 1964 and
Related Statutes. 2017-086 221 09-19-17 3
4) Public Complaint Procedure. The Title VI Coordinator shall be responsible for investigating any
complaint or communication to the City alleging non-compliance with Title VI. The Title VI
Coordinator for the general public is as follows:
Title VI Coordinator
City Attorney
777 Cypress Avenue
Redding, CA 96001
(530) 225-4385
PROCEDURE
1) Who May File a Complaint. Any person who believes that he or she or a specific class of
individuals has been subjected to unlawful discriminatory practice under Title VI by the City
may, on his/her own behalf or by an authorized representative, file a complaint under this
procedure with one of the aforementioned Title VI coordinators.
2) Non-Retaliation. No person who files a complaint, nor any person who cooperates in the
investigation of a complaint,shall be subjected to retaliation,and the City shall take reasonable
steps to protect such persons from retaliatory actions.
3) Complaint. Persons having a complaint are encouraged to first contact, by telephone or in
person,the appropriate Title VI Coordinator to attempt to informally resolve the complaint. If
this does not yield a satisfactory resolution, a complaint form may be filed.
4) Filing. The Title VI Complaint Form shall be filed with the appropriate Title VI Coordinator;
however, it may be filed orally.
5) Complainants may submit their complaint form to the City or to an external federal agency,
such as FAA, FHWA, or FTA. However, should a complaint be filed with the City and one the
federal agency simultaneously, the federal complaint will supersede City's complaint and the
City's complaint procedures will be suspended pending the federal agency's findings. Every
effort will be made to obtain a timely resolution of complaints. The following procedures will
be followed to investigate formal Title VI Complaints:
5.1 The formal complaint must meet the following requirements:
a. Complaint shall be in writing and signed by the complainant(s). In cases where
complainant is unable or incapable of providing written statement, a verbal complaint
may be made.The investigator assigned to the case will interview the complainant and
assist the person in converting verbal complaints to writing. All complaints must,
however, be signed by the complainant or his/her representative.
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NUMBER NUMBER DATE
Title VI of the Civil Rights Act of 1964 and
Related Statutes. 2017-086 221 09-19-17 4
b. Include the date of the alleged act of discrimination, date when the complainant
became aware of the alleged discrimination, date on which the conduct was
discontinued, or the latest instance of conduct.
c. Present a detailed description of the issues, including names and job titles of those
individuals perceived as parties in the complaint.
d. Federal and State law requires complaints to be filed within 180 calendar days of the
alleged incident.
5.2 Within 14 business days of receiving the complaint,the Title VI Coordinator will determine
its jurisdiction, sufficiency, need for additional information, and investigate the merit of
the complaint.The complainant will receive an acknowledgment letter informing him/her
whether the City's Title VI Coordinator has accepted or rejected the complaint.
5.3 Once the Title VI Coordinator approves the complaint for investigation, the complaint will
receive a complaint number and the complaint will be logged identifying: complainant's
name; factual allegations; and alleged harm, race, color, and national origin.
5.4 If more information is needed to evaluate the claim, the Title VI Coordinator may contact
the complainant.The complainant has 10 business days from the date of the letter to send
requested information to the Title VI Coordinator. If the Title VI Coordinator is not
contacted by the complainant or does not receive additional information within 10
business days, the Title VI Coordinator may terminate the investigation and close the
complaint.
5.5 In cases where the City investigates the complaint, within 180 calendar days of the
complaint,the investigator will issue either: l)a closure letter or 2)a letter of finding(LOF).
A closure letter summarizes the allegations and states that there was not a Title VI violation
and that the complaint will be closed. A �OF summarizes the allegations, and informs the
complainant that the Title VI Coordinator found the complaint to have merit and it will
take appropriate corrective action to remedy the matter.
5.6 If the complainant is unsatisfied with the decision, he/she may file an appeal with the
appropriate federal agency for their decision.
THE TITLE VI COMPLAINT FORM
A complaint form can be obtained from any of the Title VI Coordinators or online at
www.citvofreddin�.or�/titleVl . A copy is attached to this policy.
Amended 10-18-2022, by Resolution No. 2022-110.
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NOTICE ABOUT INVESTIGATORY USES
OF :PERSONAL INFORMATION�
N�OTICE OF COMPLAINANT AND IN�TERVIEWEE RIGHTS AND :PRIVILEGES
Complainants and individuals who cooperate in an investigation, proceeding, or hearing
conducted by Department of Justice (DOJ) are afforded certain rights and protections. This
brief description will provide you with an overview of these rights and protections.
- A recipient may not force its employees to be represented by the recipient's counsel
nor may it intimidate, threaten, coerce or discriminate against any employee who refuses to
reveal to the recipient the content of an interview. An employee does, however, have the right
to representation during an interview with DOJ. The representative may be the recipient's
counsel, the employee's private counsel, or anyone else the interviewee authorizes to be
present.
- Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d — 2000d7, and its
implementing regulations, 28 C.F.:R. § 42.401 et seq., govern DOJ's compliance and
enforcement authority. These provisions provide that no recipient or other person shall
intimidate, threaten, coerce, or discriminate against any individual because he/she has made a
complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or
hearing conducted under DOJ's jurisdiction, or has asserted rights protected by statutes DOJ
enforces.
- Information obtained from the complainant or other individual maintained in DOJ's
investigative files may be exempt from disclosure under the Privacy Act or under the Freedom
of Information Act if the release of such information would constitute an unwarranted invasion
of personal privacy
There are two laws governing personal information submitted to any federal agency, including
the DOJ.� The Privacy Act of 19�4 (S U.S.C. ,�552a), and the FNeedom oflnfor^�nation Act (S
U.S.C. �552).
THE PRIVACY ACT protects individuals - DOJ is required to investigate
from misuse of personal information held by complaints of discrimination on the basis of
the federal government. The law applies to race, color, national origin, sex, disability,
records that are kept and that can be located age, and, in some instances, religion against
by the individual's name or social security recipients of Federal financial assistance.
number or other personal identification DOJ also is authorized to conduct reviews of
system. Persons who submit information to federally funded recipients to assess their
the government should know that: compliance with civil rights laws.
- Information that DOJ collects is - No law requires a complainant to give
analyzed by authorized personnel within the personal information to DOJ, and no
agency. This information may include sanctions will be imposed on complainants
personnel records or other personal or other individuals who deny DOJ's
information. DOJ staff may need to reveal request. However, if DOJ fails to obtain
certain information to persons outside the information needed to investigate allegations
agency in the course of verifying facts or of discrimination, it may be necessary to
gathering new facts to develop a basis for close the investigation.
making a civil rights compliance
determination. Such details could include - The Privacy Act permits certain types
the physical condition or age of a of systems of records to be exempt from
complainant. DOJ also may be required to some of its requirements, including the
reveal certain information to any individual access provisions. It is the policy of DOJ to
who requests it under the provisions of the exercise authority to exempt systems of
Freedom of Information Act. records only in compelling cases. DOJ may
deny a complainant access to the files
- The personal information will be used compiled during the agency investigation of
primarily for DOJ's authorized civil rights his or her civil rights complaint against a
compliance and enforcement activities. FCS recipient of federal fmancial assistance.
will not disclose your name or other Complaint files are exempt in order to aid
identifying information about you unless it negotiations between recipients and DOJ in
is necessary for enforcement activities resolving civil rights issues and to encourage
against an entity alleged to have violated recipients to furnish information essential to
federal law, or unless such information is the investigation.
required to be disclosed under the Freedom
of Information Act, 5 U.S.C. § 552, or THE F:REEDOM OF INFORMATION�
disclosure is allowed through the publication ACT gives the public access to certain files
of a routine use in accordance with the and records of the federal government.
Privacy Act of 1974, 5 U.S.C. § 552a. Individuals can obtain items from many
http:lledocket.access.gpo.gov/2003/pdfl03- categories of records of the government --
20342.pdf To further the Department's not just materials that apply to them
enforcement activities, information FCS has personally. DOJ must honor requests under
about you may be given to: appropriate the Freedom of Information Act, with some
federal, state, or local agencies: Members of exceptions. DOJ generally is not required to
Congress or staff; volunteer student workers release documents during an investigation or
within the Department of Justice so that they enforcement proceedings if the release could
may perform their duties; the news media have an adverse effect on the ability of the
when release is made consistent with the agency to do its job. Also, any Federal
Freedom of Information Act and 28 C.F.R. agency may refuse a request for records
§ 402; and the National Archives and compiled for law enforcement purposes if
Records Administration and General their release could be an "unwarranted
Services Administration to perform records invasion of privacy" of an individual.
management inspection functions in Requests for other records, such as
accordance with their legal responsibilities. personnel and medical files, may be denied
where the disclosure would be a "clearly
unwarranted invasion of privacy."
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950 Pennsylvania Ave,NW
Washington,DC 20530
COMPLAINT FORM
The purpose of this form is to assist you in filing a complaint with the Federal Coordination and
Compliance Section (.FCS). You are not required to use this form; a letter with the same
information is sufficient. However, the information requested in the items marked with a star(*)
must be provided if you submit something other than this form.
1.* Your name and address.
Name:
Address:
Zip
Telephone: Home: (�) Work or Cell: ( )
2.* Person(s) discriminated against, if different from above:
Name:
Address:
Zip
Telephone: Home: ( ) Work or Cell: ( )
Please explain your relationship to this person(s).
3.* Agency and department or program that discriminated:
Name:
Address:
Zip
Telephone: Home: ( � Work or CeIL• ( )
4A.* Non-employment: Does your complaint concern discrimination in the delivery of services
or in other discriminatory actions of the department or agency in its treatment of you or others?
If so, please indicate below the base(s) on which you believe these discriminatory actions were
taken.
Race/Ethnicity:
National origin:
Sex:
Religion:
Age:
Disability:
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4B.* Employment: Does your complaint concern discrimination in employment by the
department or agency? If so,please indicate below the base(s) on which you believe these
discriminatory actions were taken.
Race/Ethnicity:
National origin:
Sex:
Religion:
Age:
Disability:
5. What is the most convenient time and place for us to contact you about this complaint?
6. If we will not be able to reach you directly, you may wish to give us the name and phone
number of a person who can tell us how to reach you and/or provide information about your
complaint:
Name:
Telephone: Home:( _) Work or Ce1L• ( )
7. If you have an attorney representing you concerning the matters raised in this complaint,
please provide the following:
Name:
Address:
Zip
Telephone: Home: (�) Work or CeIL• ( )
8.* To your best recollection, on what date(s) did the alleged discrimination take place?
Earliest date of discrimination:
Most recent date of discrimination:
9. Complaints of discrimination generally must be filed within 180 days of the alleged
discrimination. If the most recent date of discrimination, listed above, is more than 180 days
ago, you may request a waiver of the filing requirement. If you wish to request a waiver,please
explain why you waited until now to file your complaint and FCS will evaluate the explanation
and decide if a waiver is appropriate.
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10.* Please explain, as clearly and neatly as possible, what happened, why you believe it
happened, and how you were discriminated against. Indicate who was involved. Be sure to
include how other persons were treated differently from you. (Please use additional sheets if
necessary and attach a copy of written materials pertaining to your case.)
11. Title VI of the Civil Rights Acts of 1964, 42 U.S.C. §§ 2000d—2000d7 and the
nondiscrimination section of the Omnibus Crime Control and Safe Streets Act of 1968, 28
U�.S.C.§ 3'789d(c),prohibit recipients of Department of Justice funds from intimidating or
retaliating against anyone because he or she has either taken action or participated in an action to
secure rights protected by these laws. If you believe that you have been retaliated against
(separate from the discrimination alleged in#10),please explain, as clearly and neatly as
possible, the circumstances below. Be sure to explain what actions you took which you believe
were the basis for the alleged retaliation.
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12. Please list below any persons (witnesses, fellow employees, supervisors, or others), if
known, whom we may contact for additional information to support or clarify your complaint.
Name Address Area Code/Telephone
13. Do you have any other information that you think is relevant to our investigation of your
allegations?
14. What remedy are you seeking for the alleged discrimination?
15. Have you (or the person discriminated against) filed the same or any other complaints with
other offices of the Department of Justice (including the Office of Justice Programs,Federal
Bureau of Investigation, etc.) or other Federal agencies?
Yes No
If so, do you remember the Complaint Number?
What agency and department or program was it filed with?
Address:
Zip
Telephone No: ( )
Date of Filing: Filed Against:
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Briefly, what was the complaint about?
What was the result?
16. Have you filed a charge or complaint concerning the matters raised in this complaint with
any of the following?
U.S. Equal Employment Opportunity Commission
Federal or State Court
Your State or local Human Relations/Rights Commission
Grievance or complaint office
Other
17. If you have already filed a charge or complaint with an agency indicated in#16,above,
please provide the following information (attach additional pages if necessary):
Agency:
Date filed:
Case or pocket Number:
Date of TriaUHearing:
Location of Agency/Court:
Name of Investigator:
Status of Case:
Comments:
18. While it is not necessary for you to know about aid that the agency or institution you are
filing against receives from the Federal government, if you know of any Department of Justice
funds or assistance received by the program or department in which the alleged discrimination
occurred,please provide that information below.
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19.* We cannot accept a complaint if it has not been signed. Please sign and date this Complaint
Form below.
(Signature) (Date)
Please feel free to add additional sheets to explain the present situation to us.
We will need your consent to disclose your name, if necessary, in the course of any
investigation. Therefore, we will need a signed Consent Form from you. (If you are filing this
complaint for a person whom you allege has been discriminated against, we will in most
instances need a signed Consent Form from that person.) See the "Notice about Investigatory
Uses of Personal Information" for information about the Consent Form. Please mail the
completed, signed Discrimination Complaint Form and the signed Consent Form (please make
one copy of each for your records) to:
United States Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section-NWB
950 Pennsylvania Avenue,NW
Washington, D.C. 20530
Toll-free Voice and TDD: (888) 848-5306
Voice: (202) 307-2222
TDD: (202) 30'7-2678
20. How did you learn that you could file this complaint?
21. If your complaint has already been assigned a DOJ complaint number,please list it here:
N�ote: If a currently valid OMB control number is not displayed on the first page, you are not
required to fill out this complaint form unless the Department of Justice has begun an
administrative investigation into this complaint.
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Federal Coordination and Compliance Section
950 Pennsylvania Ave,NW
i�ashington,DC 20530
COMPLAINANT CONSENT/RELEASE FORM
Your Name:
Address:
Complaint number(s): (if known)
Please read the information below, check the appropriate box, and sign this form.
I have read the Notice of Investigatory Uses of Personal Information by the Department of Justice
(DOJ). As a complainant, I understand that in the course of an investigation it may become necessary for
DOJ to reveal my identity to persons at the organization or institution under investigation. I am also aware
of the obligations of DOJ to honor requests under the Freedom of Information Act. I understand that it
ruay be necessary for DOJ to disclose inforn�ation, including personally identifying details, that it has
gathered as a part of its investigation of my complaint. In addition, I understand that as a complainant I
am protected by DOJ's regulations from intimidation or retaliation for having taken action or participated
in action to secure rights protected by nondiscrimination statutes enforced by DOJ.
CONSENT/RELEASE
� CONSENT -I have read and understand the above information and authorize DOJ to reveal my
identity to persons at the organization or instit'ution under investigation. I hereby authorize the
Department of Justice (DOJ)to receive material and information about me pertinent to the investigation
of my complaint. This release includes,but is not limited to,personal records and medical records. I
understand that the material and information will be used for authorized civil rights compliance and
enforcement activities. I further understand that I am not required to authorize this release, and do so
voluntarily.
� CONSENT DENIED -I have read and understand the above information and do not want
DOJ to reveal my identity to the organization or institution under investigation, ar to review,
receive copies of, or discuss material and information about me, pertinent to the investigation of my
complaint. I understand this is likely to impede the investigation of my complaint and may result in the
closure of the investigation.
SIGNATU�RE DATE
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