Title VI / Nondiscrimination Policy and Complaint Process
Title VI/Nondiscrimination Policy
Broward County (COUNTY) values diversity and welcomes input from all interested parties, regardless of cultural identity, background, or income level. Moreover, the COUNTY believes that the best programs and services result from careful consideration of the needs of all its communities and when those communities are involved in the decision-making process. Thus, the COUNTY does not tolerate discrimination in any of its programs, services, or activities. Pursuant to Title VI of the Civil Rights Act of 1964 and other federal and state authorities, the COUNTY will not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion or family status.
Complaint Process:
A. Filing of Title VI Complaints of Discrimination
The COUNTY has established a discrimination complaint procedure and will take prompt and reasonable action to investigate and eliminate discrimination when found. Any person who believes that he or she has been subjected to discrimination based upon race, color, national origin, sex, religion, age, disability or family status in any COUNTY program, service or activity may file a complaint with the Title VI Coordinator.
If possible, the complaint should be submitted in writing and contain the identity of the complainant; the basis for the allegations (i.e., race, color, national origin, sex, religion, age, disability or family status); and a description of the alleged discrimination with the date of occurrence. If the complaint cannot be submitted in writing, the complainant should contact the Title VI Coordinator for assistance.
A complaint must be filed within one hundred eighty (180) days after the date of the alleged discrimination, unless the time for filing is extended by the DHS, FTA, FHWA, DOT or other federal authorities (commonly referred to as funding agencies). Complaints should be in writing, signed by the complainant or his/her representative(s), and must include the complainant(s) name, address, and telephone number. Allegations of discrimination received via facsimile or email will be acknowledged and processed. Allegations received by telephone will be documented in writing and provided to the complainant(s) for review before processing. The complaint form can be accessed on the website: www.broward.org or you may call Averill L. Dorsett at (954) 357-6503, if hearing impaired call 954-357-7888 (TDD) or e-mail adorsett@broward.org.
Signed complaint forms should be submitted to:
Primary Contact:
Averill L. Dorsett
Broward County Government
Phone: (954) 357-6503
Hearing Impaired: (954) 357-7888
115 S. Andrews Avenue
Fort Lauderdale, Florida 33315
adorsett@broward.org
For Aviation please contact:
Chief Administrative Officer
Aviation Department
Phone: (954) 359-1329
Broward County Government Terminal 4
320 Terminal Drive
Suite 200
Fort Lauderdale, Florida 33315
For Transportation please contact:
Marcos Ortega Broward County Transit
1 North University Drive, Suite 3100A
Plantation, Florida 33324
mortega@broward.org
The Title VI Coordinator will respond to the complaint within thirty (30) calendar days and will take reasonable steps to resolve the matter. Should the COUNTY be unable to satisfactorily resolve a complaint, the COUNTY will forward the complaint, along with a record of its disposition to the appropriate Title VI Civil Rights Compliance District Office.
The COUNTY's Title VI Coordinator has 'easy access' to the County Administrator and is not required to obtain management or other approval to discuss discrimination issues with the County Administrator. However, should the complainant be unable or unwilling to complain to the COUNTY, the written complaint may be submitted directly to Title VI Civil Rights Compliance District Office. The Title VI district office serves as a statewide clearinghouse for Title VI purposes and will either assume jurisdiction over the complaint or forward it to the appropriate federal or state authority for continued processing: 3 Last updated: 12/16/24
Florida Department of Transportation
Equal Opportunity Office
ATTN: Title VI Complaint Processing 605
Suwannee Street MS 65
Tallahassee, FL 32399
DHS
Federal Transit Administration, Region IV Office of Civil Rights
61 Forsyth Street, S.W. Suite 17T50
Atlanta, GA 30303-8917
Telephone: (404) 562-3500
Federal Highway Administration Office of Civil Rights
Investigations and Adjudications
HCR-40, Room E81-328
1200 New Jersey Avenue, SE
Washington, DC 20590
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
B. Complaint Investigation
Upon receipt of a signed complaint, the Title VI Coordinator or his/her designee will, within five (5) working days, provide the complainant or his/her representative with a written acknowledgement of the complaint. The Title VI Coordinator will conduct a preliminary inquiry into the complaint to determine whether the complainant has sufficient merit to warrant an investigation. Should the Title VI Coordinator determine that the evidence presented is not sufficient to proceed, the complaint will be closed and the complainant or his/her representative will be notified in writing of the decision within fifteen (15) working days. This notification shall specifically state the reason(s) for the decision. Should Title VI Coordinator determine that a full investigation is necessary, the complainant or his/her representative will be notified that an investigation will take place, and additional information will be requested, if necessary. The investigation should last no more that forty-five (45) working days. Should a complainant fail to provide additional information within the prescribed timeframe, this may be considered as a failure to cooperate with the investigation, and the complaint will be administratively closed.
C. Disposition
Upon completion of the investigation, a written notification of disposition will be sent by certified mail to the complainant or his/her representative within sixty (60) working days of filing the complaint. 2. If the complainant disagrees with the decision rendered by the COUNTY, he/she will be notified of the right to request reconsideration with thirty (30) working days, or to file a complaint with the appropriate Civil Rights Office at the following addresses found at Item A in this section.
Federal Transit Administration, Region IV Office of Civil Rights 61 Forsyth Street, S.W. Suite 17T50 Atlanta, GA 30303-8917/Telephone: (404) 562-3500 3
Federal Highway Administration Office of Civil Rights - Investigations and Adjudications HCR-40, Room E81-328 1200 New Jersey Avenue, SE Washington, DC 20590
D. Retaliation
Retaliation is prohibited under Title VI of the Civil Rights Act of 1964 and related federal and state nondiscrimination authorities. It is the policy of the COUNTY that persons filing a complaint of discrimination should have the right to do so without interference, intimidation, coercion, or fear of reprisal. Anyone who 4 Last updated: 12/16/24 feels they have been subjected to retaliation should report such incident to the Title VI Coordinator.
ADA (Americans with Disabilities Act)/504 Statement
Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA) and related federal and state laws and regulations forbid discrimination against those who have disabilities. Furthermore, these laws require federal-aid recipients and other government entities to take affirmative steps to reasonably accommodate those with disabilities and ensure that their needs are equitably represented in programs, services, and activities.
The COUNTY will make every effort to ensure that its facilities, programs, services, and activities are accessible to those with disabilities. The COUNTY will also make every effort to ensure that its advisory committees, public involvement activities and all other programs, services and activities include representation by communities with disabilities and disability service groups.
The COUNTY encourages the public to report any facility, program, service, or activity that appears inaccessible to the disabled. Furthermore, the COUNTY will provide reasonable accommodation to disabled individuals who wish to participate in public involvement events or who require special assistance to access COUNTY facilities, programs, services, or activities. Because providing reasonable accommodation may require outside assistance, organization or resources, the COUNTY asks that requests be made at least FIFTEEN (15) calendar days prior to the need for accommodation.
Questions, concerns, comments, or requests for accommodation should be made to the COUNTY's ADA Coordinator:
Danay Cravey
Broward County Government
115 S. Andrews Avenue
Fort Lauderdale, Florida 33315
dcravey@broward.org
Phone: (954) 357-6003
Hearing Impaired: (954) 357-7888
Limited English Proficiency (LEP)
Title VI of the Civil Rights Act of 1964, Executive Order 13166, and various directives from the US Department of Justice (DOJ), US Department of Transportation (DOT), and other federal agencies require federal-aid recipients to take reasonable steps to ensure meaningful access to programs, services and activities by those who do not speak English proficiently. To determine the extent to which LEP services are required and in which languages, the law requires the analysis of four factors:
- The number or proportion of LEP persons eligible to be served or likely to be encountered by the County's programs, services or activities;
- The frequency with which LEP individuals come in contact with these programs, services or activities;
- The nature and importance of the program, service, or activity to people's lives; and,
- The resources available to the County and the likely costs of the LEP services.
Using census data, the COUNTY has determined that LEP individuals speaking English less than well represent approximately 40.8% of the community. The COUNTY realizes that such statistical data can become outdated or inaccurate. Therefore, the COUNTY contacted local law enforcement, social services agencies and the school board to validate the proportion of LEP served by those entities. Spanish and Creole were reported to be the prevalent LEP language with an estimate of 31% eligible to be served.
The COUNTY has received requests for translation or interpretation of its programs, services or activities into Spanish and Creole or other languages. In addition, COUNTY sponsored community outreach or public events are attended by significant numbers of LEP speakers. Thus, the COUNTY estimates its contact with LEP individuals to be moderate.
The COUNTY defines as essential any document that advises the public of how to access nondiscrimination and public involvement policies, as well as those that impact public safety, health and welfare and emergency services. A full list of translated documents is available on the COUNTY website or by contacting the COUNTY Title VI/Nondiscrimination Coordinator.
The COUNTY is fortunate to house within/near its jurisdiction one or more institutions of higher education which have extensive language resources. Further, the COUNTY maintains cordial relationships with faith based and/or community organizations that offer competent language services at low or no cost to the COUNTY. Finally, the COUNTY employs a number of proficient Spanish and Creole speakers that are able to interpret and/or provide translation services.
The analyses of these factors suggest that LEP services are required at this time. At a minimum, the COUNTY commits to:
- Maintain a list of employees who competently speak the LEP language(s) and who are willing to provide translation and/or interpretation services.
- Distribute this list to staff that regularly has contact with the public.
- Provide public notification in the LEP language of the availability of language assistance, free of charge.
In addition, the COUNTY will:
- Post notifications of meeting, events, office closures, election information and other materials in Spanish and Creole.
- Provide over the phone translation and have documents translated on an as needed basis.
- For transit services, bus stop announcements are made in Spanish and Creole. Additionally, maps, timetables and brochures are available in different languages upon request.
- The COUNTY's website (published in English) allows for users to translate the information into Spanish, French, Creole, or Portuguese by clicking the “Translate" button located in the top right corner of the webpage.
The COUNTY understands that its community characteristics change and that the four-factor analysis may reveal the need for more or varied LEP services in the future. As such, it will at least triennially examine its LEP plan to ensure that it remains reflective of the community's needs.
Anyone who needs to access the complaint form or requires special language services should contact the COUNTY's designated Title VI Coordinator.
Public Involvement:
In order to plan for efficient, effective, safe, equitable and reliable systems, the COUNTY must have the input of its public. The COUNTY also holds public meetings, workshops and other events designed to gather public input on program/project planning and construction. Further, the COUNTY sponsors, attends and participates in other community events to promote its services to the public. Finally, the COUNTY is constantly seeking ways of measuring the effectiveness of its public involvement. 6 Last updated: 12/16/24 Persons wishing to request special presentations by the COUNTY; volunteer in any of its activities; offer suggestions for improvement; or to simply learn more about COUNTY programs and services should contact:
Averill L. Dorsett
Broward County Government
115 S. Andrews Avenue
Fort Lauderdale, Florida 33315
adorsett@broward.org
Phone: (954) 357-6503
Hearing Impaired: (954) 357-7888
Data Collection:
Applicable Federal agencies regulations require federal-aid recipients to collect racial, ethnic, and other similar demographic data on beneficiaries of or those affected by assisted programs, services, and activities. The COUNTY accomplishes this using census data, American Community Survey reports, driver and ridership surveys, its community development department, and other methods. From time to time, the COUNTY may find it necessary to request voluntary identification of certain racial, ethnic, or other data from those who participate in COUNTY programs, services, or activities. This information assists the COUNTY with improving service equity and ensuring effective outreach. Self-identification of personal data to the COUNTY will always be voluntary and anonymous. Moreover, the COUNTY will not release or otherwise use this data in any manner inconsistent with the federal agency's regulations.
Assurances:
Every three years, or commensurate with a change in COUNTY executive leadership year, the COUNTY must certify to applicable Federal Agencies that its programs, services, and activities are being conducted in a nondiscriminatory manner. These certifications are termed 'assurances' and serve two important purposes. First, they document the COUNTY's commitment to nondiscrimination and equitable service to its community. Second, they serve as a legally enforceable agreement by which the COUNTY may be held liable for breach.