Establishment of the Onondaga County Title VI, Americans with Disabilities Act (ADA) and Limited English Proficiency (LEP) Plan to Ensure Protection of Civil Rights and to Provide Assistance and Effective Communication for People with Disabilities

Original Table of Contents

Policy Statement

Onondaga County assures that no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its program or activities on the grounds of race, color, national origin, gender or gender identity, sexual orientation, or disability as provided by county policy and pursuant to Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987 (P.L 100.259), Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, as amended, and Executive Order 13166. Onondaga County further assures every effort will be made to ensure nondiscrimination in all of its programs and activities, whether those programs and activities are federally funded or not. In the event that Onondaga County distributes federal aid funds to another government entity, it will include civil rights language in all written agreements and will monitor for compliance.

Additional Information:

Individuals and/or organizations who would like more information concerning Onondaga County's non-discrimination obligations under Title VI, ADA and LEP should contact:

Complaint Procedures:

Individuals or organizations who believe they have been denied the benefits of, excluded from participation in, or subject to discrimination on the grounds of race, color, national origin or disability can file an administrative complaint with Onondaga County under Title VI of the Civil Rights Act of 1964 and/or the Americans with Disabilities Act of 1990, as amended, and send to the above address. If desired, individuals and/or organizations may file a complaint by completing the attached Title VI¹ complaint form (Appendix B). Complaints should be signed and include contact information. Reasonable accommodations shall be provided to any person when necessary to properly access and file a complaint with Onondaga County under Title VI, ADA and LEP.

Posting of this Notice:

This notice shall be posted in the public lobbies of the Onondaga County Civic Center at 421 Montgomery Street, Syracuse, NY 13202, and the Onondaga County Office Building at 600 South State Street, Syracuse, NY 13202.

Onondaga County does not discriminate on the basis of race, color, national origin, gender or gender identity, sexual orientation, or disability in its programs or activities.

Authority

Title VI of the Civil Rights Act of 1964 is the Federal Law that protects individuals from discrimination on the basis of their race, color or national origin in programs that receive Federal financial assistance. The Civil Rights Restoration Act of 1987 clarified the broad, institution-wide application of Title VI.

1. Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
2. Federal Transit Laws, Title 49, United States Code, Chapter 53
3. 49 CFR § 1.51
4. 49 CFR part 21
5. 28 CFR § 42.401 et seq.
6. 28 CFR § 50.3
7. 70 FR 74087, December 14, 2005

Title VI Assurances

A copy of Onondaga County's Title VI Assurances Statement is attached as Appendix A. The Assurances Statement reflects the County's commitment to comply with Title VI of the Civil Rights Act of 1964, as amended, and the County's policy to ensure equal opportunity and to prevent and eliminate discrimination. Onondaga County shall submit its Title VI Certification and Assurances whenever the County accepts funding from the Federal government.

Title VI, ADA and LEP Coordinator

The Onondaga County Executive has designated the Executive Director of the Onondaga County Human Rights Commission as the Title VI, ADA and LEP Plan Coordinator for Onondaga County by Executive Order 4-2016, dated April 13, 2016. The Title VI, ADA and LEP Plan Coordinator is responsible for initiating, monitoring, and ensuring Onondaga County's compliance with Title VI, ADA and LEP requirements as follows:

1. Ensure that the County's Title VI, ADA and LEP Policy is posted according to the procedures outlined in this Program so that appropriate notice is provided to the general public.
2. To review the County's Title VI, ADA and LEP Program annually to determine that it is up to date, and to make any recommendations for changes to the document to the Onondaga County Executive to ensure that it remains up to date.
3. To keep such records and timely file such reports as required to comply with Title VI, ADA and LEP requirements.
4. To process, review and investigate Title VI, ADA and LEP complaints received by the County in accordance with the Complaint Procedures established in this document.
5. To assist programs to collect statistical data necessary to comply with Title VI, ADA and LEP requirements.
6. To assist programs to conduct Title VI, ADA and LEP reviews when necessary of contractors and other recipients of federal aid from Onondaga County.
7. To serve as a resource for technical assistance to other County Departments and employees for guidance on complying with Title VI, ADA and LEP.
8. To respond to inquiries of the County’s Title VI, ADA and LEP Program, to assist programs to respond to any notices of deficiency that might be received with regard to Title VI, ADA and LEP, and to assist programs to resolve issues of non-compliance.

Below is an Organization Chart depicting the hierarchy of employees and reporting protocols involving the Director of the Human Rights Commission (the County’s designated Title VI, ADA and LEP Coordinator.)

Accessible view

Hierarchy Structure:

• County Executive
  • Deputy County Executive for Human Services
    • Director of Human Rights Commission – Title VI/ADA Coordinator
      • Program Title VI Representative (6 parallel program departments)

Note: The County Executive oversees the Department Heads for the Departments within Onondaga County Government. The Director of the Human Rights Commission is responsible for assessing and monitoring the County’s compliance with its civil rights obligations, providing training and outreach, and investigating complaints.

County Title VI, ADA and LEP Coordinator and Program Title VI Representatives

As the Title VI, ADA and LEP Plan Coordinator for Onondaga County, the Executive Director of the Onondaga County Human Rights Commission has the responsibility, with advice and assistance from the program heads, to oversee and monitor civil rights compliance, advise staff in accommodating people who interact with Onondaga County, and recommend policy and procedure changes to improve civil rights compliance, and take the other actions specified in this policy. The Title VI, ADA and LEP Plan Coordinator has the authority to advise staff on how to modify rules and procedures to accommodate individuals with disabilities and provide full, fair, and non-discriminatory access to all locations, programs, communications and services the County provides. The Coordinator is also responsible for investigating and deciding civil rights grievances. However, it is each worker’s responsibility to comply with civil rights laws and to provide accommodations to people who interact with Onondaga County. Staff members do not need the Coordinator’s permission to provide routine, obviously reasonable accommodations to people who interact with Onondaga County.

Each County operational area has a Program Title VI Representative. This Plan will be updated annually with an Appendix H, which will be the current list of Program Title VI Coordinators and their job titles and contact information. The Program Title VI Representative for each area will receive extra training and resources to help ensure that individuals who interact with Onondaga County receive equal treatment and access, and receive appropriate accommodations. The role of the Program Title VI Representative is to assist workers to identify discriminatory practices or impacts as well as reasonable accommodations, to ensure that an adverse decision on a case is not rendered when a grievance is pending, and to assist the County Title VI, ADA and LEP Coordinator to investigate and address pending grievances and their resolutions in each program area.

Title VI, ADA and LEP Complaint Procedures

In order to comply with Title VI, ADA and LEP and all pertinent laws and regulations associated with those civil rights laws, Onondaga County provides the following complaint procedures for any individual who believes they have been subjected to discrimination under any program or activity provided by Onondaga County. These procedures do not deny the right of the complainant to file a formal complaint with other State or Federal agencies or to seek private counsel for complaints alleging discrimination.

1. Complete and Submit Complaint Form. In order to allow Onondaga County to investigate an incident of alleged discrimination under Title VI, ADA and LEP, the individual who believes they may have been subjected to discrimination must complete and file a Complaint Form. (A copy of the Complaint Form is attached as Appendix B of this document, and can also be found on the Onondaga County website at www.ongov.net.) The Complaint Form must be completed fully, and mailed or delivered to Onondaga County, Attention: Executive Director of the Human Rights Commission, 421 Montgomery Street, Syracuse, NY 13202. Only complaints of incidents that allegedly occurred within 60 days from the receipt of the complaint form will be reviewed. If assistance is needed to complete the Complaint Form, please contact the County's Title VI, ADA and LEP Plan Coordinator at 315-435-3565.
2. Review of Complaint Form. Upon receipt, the Complaint Form will be reviewed to determine if the County has jurisdiction to review the alleged act of discrimination. The Complainant shall receive an acknowledgment letter informing him/her whether the complaint will be investigated by our office.
3. Investigation. Onondaga County shall endeavor to investigate complaints within 60 calendar days from the receipt of a complaint form. If more information is needed to resolve the case, the County may contact the complainant. The complainant has 30 calendar days from the date of the letter from the County requesting additional information to send the requested information to the investigator assigned to the case. If the investigator is not contacted by the complainant or does not receive the requested information within the 30 day timeframe, the County can administratively close the case. A case can also be administratively closed if the complainant informs the County that he/she no longer wishes to pursue their case.
4. Informing Complainant of the results of the Investigation. After the investigator reviews the complaint, he/she will issue one of two letters to the complainant: a Closure Letter or a Letter of Finding. A Closure Letter summarizes the allegations and states that there was not a Title VI, ADA and LEP violation and that the case will be closed. A Letter of Finding summarizes the allegations and the results of the investigation, and explains whether any disciplinary action, additional training of a staff member, or other action will occur.
5. Appeal of the Decision. If the complainant wishes to appeal the decision, he/she has 30 days after the date of the Investigation Letter to file an appeal. The appeal is filed to the attention of the Onondaga County Chief Diversity Officer, 421 Montgomery Street, Syracuse, NY 13202.

If the complaint pertains to a particular program-related matter, a person may also file a complaint directly with the appropriate federal and/or state regulatory agencies responsible for civil rights compliance. The County will provide those contact addresses with every determination correspondence.