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«July 18, 2011 TITLE VI COORDINATOR Matthew Cable Henderson County Planning Department 100 North King Street Hendersonville, NC 28792 828.697.4819 ...»

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Title VI Program – 2011 submittal

Henderson County, NC

July 18, 2011

TITLE VI COORDINATOR

Matthew Cable

Henderson County Planning Department

100 North King Street

Hendersonville, NC 28792

828.697.4819

Henderson County Title VI Plan

July 18, 2011 Page 1

TABLE OF CONTENTS

I. NON DISCRIMINATION POLICY

II. GENERAL REQUIREMENTS AND GUIDELINES

1. Title VI Certification and Assurance

2. Title VI Complaint Procedures and Record Keeping of Investigations Complaints and Lawsuits

3. Language Access

4. Notify Beneficiaries of Protection under Title VI

5. Submit a Title VI Program

6. Environmental Justice Analysis of Construction Projects

7. Promoting Inclusive Public Participation

III. LIMITED ENGLISH PROFICIENCY PLAN

ATTACHMENTS

1. Henderson County Title VI Certification Title VI Complaint Form (English & Spanish) 2.

3. Example of Spanish Language advertisement

4. Service Area Map with Limited English Proficiency Table

5. Public Notice regarding Title VI obligations Henderson County Title VI Plan July 18, 2011 Page 2

I. HENDERSON COUNTY NON-DISCRIMINATION POLICY

Title VI of the Civil Rights Act of 1964 states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (42 USC Section 200d).

Henderson County is committed to practicing nondiscrimination. If you believe you have been subjected to discrimination, you may file a complaint with Henderson County or the Federal Transportation Administration. For more information visit www.hcplanning.org, call (828) 697send an email to planning@hendersoncountyn.org, or visit the Planning Department, Transportation Division, which is located at 100 King Street in downtown Hendersonville, NC.

Política de no-discriminación del Transporte Público de la Henderson County El Titulo VI – Title VI – de los Derechos Civiles de 1964 establece que ninguna persona en los Estados Unidos de América puede, basado en la raza, color o nacionalidad, ser excluida de participar o serle negados los beneficios, o ser sujeta a discriminación bajo ninguno de los programas o actividades que reciban asistencia financiera del gobierno federal. (42 USC Section 200d). El Transporte Público de la Henderson County está comprometido a no discriminar. Si usted cree que ha sido discriminado, puede presentar una queja con Transporte División del Departamento del Condado de Henderson Planeamientoo con la Administración de Transito Federal (Federal Transit Administration – FTA).

Para mas información visítenos en la pagina web www.hcplanning.org, o llame al teléfono (828) 697-4819, o envíe un correo electrónico a planning@hendersoncountyn.org o visite nuestra oficina en el Departamento del Planeamiento en 100 North King Street, Hendersonville, NC.

II. GENERAL REQUIREMENTS AND GUIDELINES

1. Title VI Certification and Assurances City of Asheville submitted the Title VI certification and assurance in TEAM for Henderson County (see City of Asheville’s Certification).

2. Title VI Complaint Procedures and Record Keeping of Investigations Complaints, and Lawsuits.

This section outlines the Title VI complaint procedures related to Federally funded programs, services, and benefits. However, it does not deny the complainant the right to file formal complaints with Federal Transit Administration, or seek private counsel for complaints alleging discrimination, intimidation or retaliation of any kind that is prohibited by law. Title VI of the Civil Rights Act of 1964 states that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Any person who believes that he or she individually, or as a member of any specific class of persons, has been subjected to discrimination on the basis of race, color, or national origin as noted below may file a written complaint with Henderson County Planning Department, Transportation Division, 100 King Street, Hendersonville, NC 28792.

–  –  –

Procedure: The complaint must meet the following requirements:

1. Complaint shall be in writing and signed by the complainant(s). In cases where Complainant is unable or incapable of providing a written statement, a verbal complaint may be made. The Transportation Planning Manager 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.

2. Include the date of the alleged act of discrimination or the date when the Complainant(s) became aware of the alleged act of discrimination. Also include the date on which the conduct was discontinued or the latest instance of the discriminatory conduct.





3. Present a detailed description of the issues, including names and job titles of those individuals perceived as parties in the complaint.

4. Federal and state law require complaints be filed within 180 calendar days of the alleged incident upon receipt of the complaint, the Transportation Planning Manager will determine its jurisdiction, acceptability, and need for additional information, and will investigate the merit of the complaint.

5. The Complainant will be provided with a written acknowledgement that the Henderson County Planning Department, Transportation Division has either accepted or rejected the complaint. A complaint must meet the following criteria for acceptance: The Complaint must be filed within 180 days of the alleged occurrence. The allegation must pertain to a protected class: race, color or national origin. The allegation must involve a Henderson County service of a Federal aid recipient, sub-recipient or contractor.

6. Once the Henderson County Planning Department, Transportation Division has decided to accept the complaint for investigation, the Complainant will be notified in writing of such determination. The complaint will receive a case number and will then be logged in a database that identifies: Complainant's name, basis, alleged harm.

In cases where the Henderson County Planning Department, Transportation Division assumes the investigation of the complaint, within 90 calendar days of the acceptance of the complaint, the Transportation Planning Manager will prepare an investigative report for review by the Planning Director. The report shall include a narrative description of the incident, identification of persons interviewed, and findings and recommendations for disposition.

The investigative report and its findings will be reviewed by the Transportation Planning

–  –  –

The Transportation Planning Manager and Henderson County Legal Department will make a determination on the disposition of the complaint. Dispositions will be stated as follows: In the event that Henderson County Planning Department, Transportation Division is in noncompliance with Title VI regulations remedial actions will be listed.

Notice of Director's determination will be mailed to the Complainant. Notice shall include information regarding appeal rights of Complainant and instructions for

initiating such an appeal. Notices of appeals are as follows:

Henderson County Planning Department, Transportation Division will reconsider this determination, if new facts, come to light.

If Complainant is dissatisfied with the determination and/or resolution set forth by Henderson County, the same complaint may be submitted to the FTA, for investigation.

Complainant will be advised to contact the Federal Transit Administration, Office of Civil Rights Region IV, 230 Peachtree, NW, Suite 800, Atlanta, GA 30303, telephone (404) 865- 5600.

A copy of the complaint and Henderson County’s investigation report/letter of finding and Final Remedial Action Plan, if appropriate will be issued to FTA within 120 days of the receipt of the complaint. A summary of the complaint and its resolution will be included as part of the Title VI updates to the FTA.

The Transportation Planning Manager will ensure that all records relating to Henderson County’s Title VI Complaint Process are maintained with department records. Records will be available for compliance review audits.

3. Language Access Language Implementation Plan: Henderson County has assessed the number of persons speaking English “less than well” and “not at all” with the release of data provided by the 2005-2009 American Community Survey as can be found in Section III of this report. The LEP populations per tract per language for Henderson County have been assessed for areas of concentration. In addition Henderson County will consult state and local data sources to better assess the LEP population. Henderson County will also identify and communicate with community organizations that serve LEP populations such as El Centro for the County’s growing Spanish Population. Henderson County will begin to keep a list of services with which LEP persons contact our agency. Based on information provided by community organizations Henderson County will better understand which transit services are used most frequently by the LEP population.

Henderson County will work with community organizations to hold face-to-face interactions with LEP persons in order to better assess our agencies critical services used by the LEP population. Henderson County will use this information to determine the demand for language assistance. This demand, along with Henderson County financial and personnel resources will determine what further efforts will be undertaken. Based on the

–  –  –

Since Henderson County is above the Safe Harbor LEP threshold, Henderson County will provide language assistance at this time. Announcements regarding public meetings, service changes, and fare changes are published in a local Spanish language news paper. WCCA, the contractor of the transit system, will offer Spanish language options. WCCA, the contract operator of the transit system has employees who speak Spanish and are available to respond to written communications and other critical language issues. Henderson County’s Title VI Non-Discrimination Policy (Section I) and Complaint Form (Attachment II) are also available in Spanish. Other translation resources can be made available upon request.

4. Notify Beneficiaries of Protection Under Title VI Henderson County works to notify beneficiaries of protection under Title VI by posting on line, in administrative offices and on buses: 1) our Title VI obligations; 2) policy of nondiscrimination, 3) where to get more information and 4) procedure for complaints.

5. Title VI Program Update Every Three Years In order to ensure compliance with 49 CFR Section 21.9(b), Henderson County will submit a Title VI Program to FTA’s regional civil rights officer once every three years as laid out in FTA C 4702.1A. Due to the size of the system, recent public outreach and involvement activities are limited in number. The only public outreach conduced in the last three years was a recent public hearing regarding fare change and service analysis. Notices regarding the hearing were posted on the vehicles and in the paper. The Board of Commissioners voted to retain the current fare structure. Henderson County’s procedures for tracking and investing Title VI complaints are listed above in Section II (Title VI Complaint Procedures and Record Keeping of Investigations Complaints, and Lawsuits). Henderson County has not received any Title VI complaints since the time of the last submission. A copy of the Henderson County’s notice to the public regarding Title VI obligations is found in Attachment V. A copy of Henderson County’s policy and procedures for complaints is found in Section II (Title VI Complaint Procedures and Record Keeping of Investigations Complaints, and Lawsuits).

6. Conducting an Environmental Justice Analysis of Construction Projects. Henderson County will integrate an environmental justice analysis when National Environmental Policy Act (NEPA) documentation is required for construction projects. No recent construction projects have been undertaken. In the event that Henderson County has a construction project, Categorical exclusion (CE) documentation will be prepared, completed and submitted as needed. When preparing an environmental assessment (EA) or environmental impact

statement (EIS), will include the following components:

–  –  –

For projects that traverse predominantly minority and low-income and o predominantly non-minority and non-low-income areas, a comparison of mitigation and environmental enhancement actions that affect predominantly low-income and minority areas with mitigation implemented in predominantly non-minority or non low-income areas. When Henderson County determines that there is no basis for such a comparison, we will describe why this is so.



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