5.06 5.6
Labor and Policy Issues\Title VI of 0,41 Rights Act of 1964—7-20-15
RESOLUTION ADOPTING POLICIES AND
DESIGNATING RESPONSIBILITIES RELATED TO TITLE VI
OF THE CIVIL RIGHTS ACT OF 1964
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, Title VI of the Civil Rights Act of 1964 (Title VI) and subsequent statutes,
regulations and executive orders protect individuals and groups from discrimination in programs
and activities that receive Federal financial assistance, and
WHEREAS, discrimination on the basis of race, color, national origin, sex, age, disability,
low income or Limited English Proficiency status is prohibited and unlawful under the above-
referenced federal statutes, regulations and executive orders, and
WHEREAS, by accepting federal funding, the Town of Queensbury agree to Title VI non-
discrimination regulations and requirements and must comply with New York State Department
of Transportation's Office of Civil Rights (NYSDOT OCR) regarding Title VI Program Reviews
including taking action to address Title VI issues and vulnerabilities, and
WHEREAS, Title VI and related non-discrimination regulations apply to all Town
programs, services and activities, not just to those program area and activities receiving federal
assistance, and
WHEREAS, NYSDOT OCR has required the Town to adopt certain policies, procedures
and assign responsibilities to ensure compliance with Title VI and subsequent statutes, regulations
and executive order.
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury (Town Board) hereby
approves the Title L I Assilranee Statement in the form presented or in a form substantially similar
which is acceptable to the Town Supervisor, Town Senior Planner and Town Counsel and
authorizes the Town Supervisor to execute the same, and
BE IT FURTHER,
RESOLVED, that the Town Board designates Stuart Baker, Senior Planner as the Title 17
Coordinator for the Town with all responsibilities as noted on the position description presented
at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and adopts the Tolvrr of Oueerrsbrrry
Limited English Proficiency (LEP) Plan in the form presented or in a form substantially similar
which is acceptable to the Town Supervisor, Town Senior Planner and Town Counsel and
authorizes the Town Supervisor to execute the same, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves and adopts the Title 17
Discrimination Complaints Procedure and Complaint of Discrimination Form in the form
presented or in a form substantially similar which is acceptable to the Town Supervisor, Town
Senior Planner and Town Counsel, and
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BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Town Supervisor, Town
Title VI Coordinator and Town Counsel to take all actions necessary to effectuate this
Resolution, and
BE IT FURTHER
RESOLVED, that this Resolution shall take effect immediately
Duly adopted this 20th day of July, 2015, by the following vote:
AYES
NOES
ABSENT :
3
TOWN OF QUEENSBURY,NEW YORK
TITLE VI ASSURANCE
The Town of Queensbury, New York (hereinafter referred to as the "Recipient") HEREBY
AGREES THAT as a condition to receiving any Federal financial assistance from the
Department of Transportation it will comply with Title VI of the Civil Rights Act of 1964, 78
Stat.252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the Act), and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-
Assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil
Rights Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, no
person, to the end that in accordance with the Act, Regulations, and other pertinent directives, no
person in the United States shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity for which the Recipient receives Federal financial assistance from the
Department of Transportation, including Federal Highway Administration (FHWA) and
HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to
effectuate this agreement. Recipient has received federal financial assistance from the United
States Department of Transportation ("US DOT") and may receive additional federal financial
assistance from US DOT in the future (its "Transportation Programs"). Recipient is advised by
the New York State Department of Transportation ("NYS DOT") that this assurance is required
by subsection 21.7 (a) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient hereby gives
the following specific assurances with respect to its Transportation Programs:
1. That the Recipient agrees that each Transportation Program and each "facility" as
defined in subsections 21.23(e), 21.23(b) and 23 CFR 200.5(k) and (g) of the Regulations, will
be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in
compliance with all requirements imposed by or pursuant to,the Regulations.
2. That the Recipient shall insert the following notifications in all solicitations for bids for
work or material for its Transportation Programs which are subject to the Regulations and made
in connection with all Federal Highway Administration programs and, in adapted form in all
proposals for negotiated agreements:
The Town of Queensbury, New York, in accordance with the Title VI of the Civil Rights
Act of 1964, 78 Stat. 252. 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-Assisted programs of the Department of Transportation issued
pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any
contract entered into pursuant to this advertisement, minority business enterprises will afforded
full opportunity to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, or national origin in consideration for an award.
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3. That the Recipient shall insert the clauses of Appendix A of this assurance in every
contract for its Transportation Programs subject to this Act and the Regulations.
4. That the Recipient shall insert the clauses of Appendix B of this Sssurance as a
covenant running with the land, in any deed from the United States effecting a transfer of real
property, structures, or improvements thereon, or interest therein.
5. That where the Recipient receives Federal financial assistance to construct a facility, or
part of a facility the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
6. That where the Recipient receives Federal financial assistance in the form, or for the
acquisition of real property or an interest in real property, the Assurance shall extend to rights to
space on, over, or under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this
Assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses,
and similar agreements entered into by the Recipient with other parties: (a) for the subsequent
transfer of real property acquired or improved under Federal Highway Administration
financially-assisted programs; and (b) for the construction or use of or access to space on, over,
or under real property acquired or improved under Federal Highway Administration financially-
assisted programs.
8. That this Assurance obligates the Recipient for the period during which Federal
financial assistance is extended to the program, except where the Federal financial assistance is
to provide, or is in the form of personal property, or real property or interest therein or structures
or improvements thereon, in which case the assurance obligates the Recipient or any transferee
for the longer of the following periods: (a) the period during which the property is used for a
purpose for which the Federal financial assistance is extend, or for another purpose involving the
provision of similar services or benefits; or (b) the period during which the Recipient retains
ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program as are
found by the Secretary of Transportation or the official to 'vhom he/she delegates specific
authority to give reasonable guarantee that it, other recipients. Sub-grantees, contractors,
subcontractors, transferees, successors in interest, and other participants of Federal financial
assistance under such program will comply with all the requirements imposed or pursuant to the
Act, the Regulations and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement
with regard to any matter arising under the Act,the Regulations and this assurance.
THIS ASSURANCE is hereby given in consideration of and for the purpose of obtaining any
and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance
extended after the date hereof to the Recipient by the Department of Transportation under the
2
Federal Highway Administration and is binding on it, other recipients, contractors,
subcontractors, transferees, successors in interest and other participants, in Federal Highway
Administration financially-assisted programs. The person or persons whose signatures appear
below are authorized to sign this assurance on behalf of the Recipient.
TOWN OF QUEENSBURY,NEW YORK
Dated: BY:
JOHN F. STROUGH,III, TOWN SUPERVISOR
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TOWN OF QUEENSBURY, NY
TITLE VI ASSURANCE- APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation Title 49,
Code of Federal Regulations, Part 21, and the Federal Highway Administration Title 23, Code of
Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to
as the Regulations),which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds or race, color, sex, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor shall not participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employment practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under a subcontract, including procurements of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the contractor of the contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the grounds
of race, color, sex, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by
the Regulations, or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Town of Queensbury, New York or the Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations, orders and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to the Town of Queensbury, New York, or the
Federal Highway Administration as appropriate, and shall set forth what efforts it has made to
obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Town of Queensbury shall impose such
contract sanctions as it, NYS DOT, or the Federal Highway Administration may determine to be
appropriate, including,but not limited to:
(a) Withholding of payments to the contractor under the contract until the contractor
complies, and/or
(b) Cancellation, termination or suspension of the contract, in whole or in part.
4
6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)
through (5) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take
such action with respect to any subcontract or procurement as the Town of Queensbury, NYS
DOT, or the Federal Highway Administration may direct as a means of enforcing such
provisions including sanctions for non-compliance: Provided, however, that, in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the contractor may request the Town of Queensbury, and, in
addition, the contractor may request NYS DOT or the United States to enter into such litigation
to protect the interests of the United States.
5
TOWN OF QUEENSBURY, NY
TITLE VI ASSURANCE -APPENDIX B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the Department of Transportation, as authorized by law, and upon the
condition that the TOWN OF QUEENSBURY, NEW YORK, will accept title to the lands and
maintain the project constructed thereon, in accordance with The Surface Transportation
Assistance Act of 1982, the Surface Transportation and Uniform Relocation Assistance Act of
1987, the Intermodal Surface Transportation Efficiency Act of 1991, and/or the Transportation
Equity Act of the 21St Century, as well as the Regulations for the Administration of
Transportation Programs and the policies and procedures prescribed by the Federal Highway
Administration of the Department of Transportation and, also in accordance with and in
compliance with all requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation
(hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby
remise, release, quitclaim and convey unto the TOWN OF QUEENSBURY all the right, title and
interest of the Department of Transportation in and to said lands described in Exhibit "A"
attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the TOWN OF
QUEENSBURY, and its successors forever, subject, however, to the covenants, conditions,
restrictions and reservations herein contained as follows, which will remain in effect for the
period during which the real property or structures are used for a purpose for which Federal
financial assistance is extended or for another purpose involving the provision of similar services
or benefits and shall be binding on the TOWN OF QUEENSBURY,NEW YORK, its successors
and assigns.
THE TOWN OF QUEENSBURY, NEW YORK, in consideration of the conveyance of said
lands and interests in lands, does hereby covenant and agree as a covenant running with the land
for itself, its successors and assigns,that
1. No person shall on the grounds of race, color, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard
to any facility located wholly or in part on, over or under such lands hereby conveyed;1
1 Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
6
2. The TOWN OF QUEENSBURY, NEW YORK shall use the lands and interests in lands so
conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended;
3. In the event of breach of any of the above-mentioned nondiscrimination conditions, the
Department shall have a right to re-enter said lands and facilities on said land, and the above
described land and facilities shall thereon revert to and vest in and become the absolute property
of the Department of Transportation and its assigns as such interest existed prior to this
instruction.2
2 Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
7
TOWN OF QUEENSBURY, NY
TITLE VI ASSURANCE -APPENDIX C
The following clauses shall be included in all deeds, licenses, leases, permits, or similar
instruments entered into by the Town of Queensbury, NY pursuant to the provisions of
Assurance 7(a).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does
hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the
land") that in the event facilities are constructed, maintained, or otherwise operated on the said
property described in this (deed, license, lease, permit, etc.) for a purpose for which a
Department of Transportation program or activity is extended or for another purpose involving
the provision of similar services or benefits, the (grantee, licensee, lessee, permitee, etc.) shall
maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of
the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended.
Include in Licenses, Leases, Permits, Etc.
That in the event of breach of any of the above nondiscrimination covenants, Town of
Queensbury shall, have the right to terminate the (license, lease, permit, etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit,
etc.)had never been made or issued.
Include in Deeds
That in the event of breach of any of the above nondiscrimination covenants, Town of
Queensbury, New York shall, have the right to re-enter said lands and facilities thereon, and the
above described lands and facilities shall thereupon revert to and vest in and become the absolute
property of the Town of Queensbury and its assigns.
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the Town of Queensbury,NY pursuant to the provisions of Assurance 7 (b).
The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal
representatives, successors in interest, and assigns, as part of the consideration hereof does
hereby covenant and agree (in the case of deeds, and leases add "as a covenant running with the
land")that:
1. No person on the ground of race, color, sex, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of said facilities;
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2. That in the construction of any improvements on, over or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, or national
origin shall be excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination;
3. That the (grantee, licensee, lessee, permitee, etc.) shall use the premises in compliance
with all other requirements imposed by or pursuant to Title 49 Code of Federal
Regulations, U.S. DOT, Subtitle A, Office of the Secretary, Part 21 Nondiscrimination in
Federally-Assisted Programs of the U.S. DOT - Effectuation of Title VI of the Civil
Rights Act of 1964, Title 23 Code of Federal Regulations, Part 200 Title VI Program and
Related Statutes — Implementation and Review Procedures, and as said Regulation may
be amended.
Include in licenses, leases,permits, etc.
That in the event of breach of any of the above nondiscrimination covenants, the Town of
Queensbury shall have the right to terminate the [license, lease permit, etc.] and to re-enter and
repossess said land the facilities thereon, and hold the same as if said [license, lease permit, etc.]
had never been made or issued.
Insert in deeds3
That in the event of breach of any of the above nondiscrimination covenants, the Town of
Queensbury shall have the right to re-enter said land and facilities thereon, and the above
described lands and facilities shall thereupon revert to and vest in and become the absolute
property of the Town of Queensbury and its assigns.
PAMELA\MISCELLANEOUS\Title VI Assurance—7-20-15
3 Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
9
Town of Queensbury Title VI Coordinator
Responsibilities
WHEREAS,the Title VI Coordinator is responsible for implementing, monitoring, and ensuring
compliance with Title VI and related non-discrimination regulations;
WHEREAS,the Title VI Coordinator is required to hold a position in the organization with easy
access to the chief executive officer;
The Title VI Coordinator is responsible for:
1. Processing Title VI complaints received by the Town of Queensbury unless the complaint is
against the Town. In that instance,the Title VI Coordinator is required to submit the complaint
directly to the Office of Civil Rights, NYSDOT.
2. Collecting statistical data of participants in, and beneficiaries of, state highway programs.
Beneficiaries include a) individuals and families who are required to move, b) businesses whose
operations are disrupted or potentially disrupted by construction projects, and c) other affected
individuals and groups.
3. Reviewing directives and operating manuals of its operation and where applicable, including
Title VI Language and related requirements.
4. Conducting Title VI (non-discrimination) reviews of construction contractors, consultant
contractors, suppliers, and other sub recipients of federal-aid highway funds administered through
the Town.
5. Conducting training on Title VI (non-discrimination) and other related statutes for employees and
program areas under your authority.
6. Develop Title VI information for dissemination to the general public and, where appropriate, in
languages other than English. This includes providing interpretation services when required.
7. Establishing procedures for promptly resolving Title VI non-discrimination deficiencies within 90
days.
PAMELA\MISCELLANEOUS\Title VI Coordinator—7-20-15
Limited English Proficiency (LEP) Plan
Town of Queensbury, NY
Town of Queens bu
ry
BY:John F.Strough, III—Town Supervisor
Date:
QbySupervisor @queensbury.net
(518) 761-8229
INTRODUCTION
This Limited English Proficiency Plan Template has been prepared to address the Town of
Queensbury responsibilities as a recipient of federal financial assistance as they relate to the
needs of individuals with limited English proficiency. The Plan has been prepared in accordance
with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq., and its implementing
regulations, which states that no person shall be subjected to discrimination on the basis of race,
color or national origin.
Executive Order 13166,titled Improving Access to Services for Persons with Limited English
Proficiency, states that differing treatment based upon a person's inability to speak, read, write or
understands English is a type of national origin discrimination which is covered under Title VI. It
directs each agency (e.g., FHWA) to publish guidance for its respective recipients (e.g., NYSDOT)
clarifying their obligation to ensure that such discrimination does not take place. This order
applies to all state and local agencies that receive federal funds and extends to its sub recipients.
Plan Summary
The Town of Queensbury has developed this Limited English Proficiency Plan to help identify
reasonable steps for providing language assistance to persons with limited English proficiency
(LEP) who wish to access services provided. As defined by Executive Order 13166, LEP persons are
those who do not speak English as their primary language and have limited ability to read, speak,
write or understand English. This plan outlines how to identify a person who may need language
assistance, the ways in which assistance may be provided, staff training that may be required, and
notification to LEP persons regarding the availability of assistance. For detailed guidance regarding
LEP, see NYSDOT's LEP Plan at:
https://www.dot.ny.gov/divisions/policy-and-strategy/public-trans-respository/Attachment%20D-
1%2OLEP Plan.pdf.
In order to prepare this plan,the Town of Queensbury used the Federal Highway Administration
(FHWA) Four-Factor LEP analysis:
1. The number or proportion of LEP persons in the service area who may be served by the
Town of Queensbury.
2. The frequency with which LEP persons come in contact with Town of Queensbury services.
3. The nature and importance of services provided by the Town of Queensbury to the LEP
population.
4. The interpretation services available to the Town of Queensbury and overall cost to
provide LEP assistance. A summary of the results of the four-factor analysis is found in the
following section.
MEANINGFUL ACCESS: FOUR-FACTOR ANALYSIS
1. The number or proportion of LEP persons in the service area who may be served or are
likely to require Town of Queensbury services
The Town of Queensbury staff reviewed the American Community Survey 5-Year Estimates for
New York State and determined that:
a. 1,185 individuals in Town of Queensbury service area comprising 4.5%of the population
speak a language other than English;
b. Of those, 296 individuals have limited English proficiency; that is,they speak English less
than "very well" or "not at all." This is only 1.17% of the overall population in the service
area;
c. In Town of Queensbury service area, of those persons with limited English proficiency:
• 0.00%speak Vietnamese
• 0.05 %speak German • 0.23%speak French
• 0.38%speak Spanish • 0.00%speak Tagalog
• 0.00%speak African languages • 0.00%speak other Slavic languages
• 0.19% speak Chinese • 0.00% speak Arabic, Indo-European
• 0.00%speak Serbo-Croatian languages
• 0.00% speak Scandinavian • 0.00%speak Native North American
• 0.02%speak Japanese Languages
• 0.03%speak Russian • 0.16%speak all other languages
• 0.11%speak other Indic languages
2. The frequency with which LEP persons come in contact with Town of Queensbury
services
The Town of Queensbury reviewed the frequency with which their staff have, or potentially
have, contact with LEP persons. This includes documenting phone inquiries or office visits.
To date,the Town of Queensbury has had no requests for interpreters and approximately 10
requests for translated program documents over the past 27 years as follows: marriage
licenses.
3. The nature and importance of services provided by the Town of Queensbury to the LEP
population
There is no large geographic concentration of any type of LEP individuals in the service area for
the Town of Queensbury. The overwhelming majority of the population, 95.5%, speaks only
English. As a result,there are few social, service, or professional and leadership organizations
•
within the Town of Queensbury service area that focuses on outreach to LEP individuals. The
Town of Queensbury staff is most likely to encounter LEP individuals through office visits,
phone conversations, notifications from department staff regarding the results of service
delivery, and attendance and participation at public meetings.
4. The resources available to the Town of Queensbury, and overall cost to provide LEP
assistance
The Town of Queensbury reviewed its available resources that could be used to provide LEP
assistance and inventoried its documents to determine which are suitable for translation if the
need arises.
The Town of Queensbury contacted local citizens and organizations willing to provide
voluntary language translation and interpretation services if needed within a reasonable time
period. Other language translation options could be provided by bilingual staff or by
telephone from a professional interpretation service for which the Town of Queensbury would
pay a fee.
LANGUAGE ASSISTANCE
A person who does not speak English as her primary language and who has a limited ability to
read, write, speak or understand English may be a Limited English Proficient person and may be
eligible to language assistance with respect to Town of Queensbury services. Language assistance
can include interpretation (that means oral or spoken transfer of a message from one language
into another language) and translation (that means the written transfer of a message from one
language into another language).
How the Town of Queensbury staff can identify an LEP person in need of language assistance:
• Post notices of the LEP Plan and the availability of interpretation or translation services in
languages LEP persons would understand.
• Providing Town of Queensbury staff with language identification cards to assist in
identifying the language interpretation services needed if the occasion arises.
• Periodically surveying Town of Queensbury staff regarding their interaction with LEP
persons during the previous period (e.g., quarterly, semi-annually, and annually).
• Greeting participants at the Town of Queensbury sponsored informational meetings or
events. Conversational interaction with participants can help determine LEP needs for
future events.
Language Assistance Measures
Although there is a very low percentage of LEP individuals in the Town of Queensbury service
area, (i.e., persons who speak English less than "very well" or"not at all",) the Town of
Queensbury could, if necessary, take the following actions:
1. The Town of Queensbury staff would then take reasonable steps to provide the opportunity for
meaningful access to LEP clients who have difficulty communicating English.
2. The following resources could be available to accommodate LEP persons:
• Volunteer Spanish language interpreters may be provided within a reasonable time period.
• Language interpretation services for all other languages may be accessed through a
professional telephone interpretation service.
STAFF TRAINING
The information below will be disseminated to staff. Training opportunities on these topics also
will be provided:
• Title VI Policy and LEP responsibilities
• Description of language assistance services offered to the public
• Proper use of interpreter service provider's language identification cards
• Documentation of language assistance requests
• Handling of Title VI/LEP complaints
All contractors or subcontractors performing work for the Town of Queensbury are required to
follow the Title VI/LEP guidelines.
TRANSLATION OF DOCUMENTS
The Town of Queensbury has not weighed the cost and benefits of translating documents for
potential LEP groups as it has only arisen to our knowledge 10 times in 27 years. If the need
increases, the Town of Queensbury will evaluate the cost and benefit. Considering the expense of
translating documents,the likelihood of frequent changes in documents and other relevant
factors, at this time the Town of Queensbury has determined that it is an unreasonable burden to
translate documents at this time.
Due to the very small LEP population,the Town of Queensbury does not have a formal outreach
procedure in place as of 2015. Translation resources have been identified and are limited in this
region. However, if the need arises to conduct outreach to LEP individuals, the Town of
Queensbury would consider the following options:
• When staff prepares documents or schedules public meeting whose audience is expected
to include LEP individuals,the Town of Queensbury could provide meeting notices,flyers,
and agendas in the appropriate non-English language(s).
• Town of Queensbury would assess requests for the translation of documents based on the
potential effect and known LEP population.
MONITORING
Monitoring and Updating the LEP Plan —The Town of Queensbury will update the LEP Plan as
required. At a minimum,the plan will be reviewed and updated when recent data from the U.S.
Census and the American Community Survey is available, or when it is clear that higher
concentrations of LEP individuals are present in the Town of Queensbury service area. Updates to
the LEP Plan will include the following:
• The number of documented LEP contacts encountered annually.
• How the needs of LEP persons have been addressed.
• Determination of the current LEP population in the service area (census data, surveys,
information from community-based organizations, and other sources).
• Determination as to whether the need for translation services has changed.
• Determination of the effectiveness of language assistance efforts
• Determination of the adequacy of the Town of Queensbury financial resources to fund
language assistance resources.
• Determination of the Town of Queensbury full compliance with the goals of the LEP Plan.
• Determination of the Town of Queensbury processing of LEP complaints
DISSEMINATION OF THE Town of Queensbury LEP PLAN
Actions that Town of Queensbury may take include:
• Post signs in Town of Queensbury public areas informing LEP persons of the LEP Plan and
how to access language services.
• Notify LEP persons of the availability, upon request. of documents in other languages.This
should be placed on agendas and public notices and in the language that LEP persons
would understand.
• On Town of Queensbury website, post the LEP Plan and procedure to access language
services.
• Prepare and post Press Release in non-English languages as necessary.
• Distribute copies of press release to advocacy groups and other organizations serving LEP
populations.
MISCELLANEOUS\ToQ LEP Plan July 2015—7-20-15
Town of Queensbury
Title VI Discrimination Complaints Procedure
The Title VI Discrimination Complaints Procedure is a mechanism to resolve grievances,
remedy discrimination and improve program delivery and services.
And person/s who believes they have been subjected to unlawful discrimination (denied the
benefits of, access to, or participation in the programs and activities of the Town of Queensbury)
based on race, color, national origin, sex, age, disability, income or Limited English Proficiency
in programs, activities, or services of the Town of Queensbury or organizations funded through
the Town of Queensbury may file a complaint with the Town of Queensbury Title VI
Coordinator, 742 Bay Road, Queensbury, New York 12804. The complaint may be filed by the
individual or his/her representative. A complaint must be filed no later than 180 days after the
date of the alleged discrimination, unless extended by the Town of Queensbury.
MISCELLANEOUS\PAMELA\Title VI Discrimination Complaints Procedure—7-20-15
Town of Queensbury
Community Development Department
Complaint of Discrimination Form
Name
Address City Zip
Telephone: Home Work Cell
Basis of Complaint
Race 0
Color 0
Sex 0
National Origin 0
Age 0
Disability(ADA) 0
Low-Income 0
Limited English Proficiency 0
Who allegedly discriminated against you?
Name
Address City Zip
Telephone
Page 1
If an organization,what is its name?
Name of Organization
Address City Zip
Telephone
Name of Contact
How were you discriminated against?
Where did the alleged discrimination occur?
Date/s and times discrimination occurred?
First time
Second time
Third time
Were there any other witnesses to the discrimination?
Name Title Work Home Telephone
Telephone
Page 2
•
What can the Department to do to resolve the complaint?
Have you filed your complaint with anyone else?
Who
When
Complaint number,if known
Do you have an Attorney in this matter?
Name
Address City Zip
When did you acquire
Signed Date
Mail to: Stuart G. Baker,Title VI Coordinator
Town of Queensbury
742 Bay Road
Queensbury,NY 12804 or
Phone(518)761-8111 Email: stuartb @queensbury.net
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