Title VI Nondiscrimination Policy and Plan

The City of Palm Bay values diversity and welcomes input from all interested parties, regardless of cultural identity, background or income level.  Moreover, the City believes that the best programs and services result from careful consideration of the needs of all of its communities and when those communities are involved in the decision-making process.  Thus, the City assures that no person shall, on the grounds of race, color, national origin, sex, age, disability, religion, family, or income status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any City-sponsored program or activity. 

The City assures every effort will be made to ensure nondiscrimination in all of its programs and activities, including programs and activities that do not receive federal financial aid.  In the event the City distributes federal aid funds to another entity, the City will include Title VI language in all written agreements and will monitor for compliance.

The City’s Title VI/ADA Coordinator is delegated the authority to develop, maintain, implement and monitor this policy as required by federal law and regulations.

If you believe you have been discriminated against, you can file a discrimination complaint online or contact:

Title VI/ADA Coordinators

Hector Franco P.E., Engineer III
City of Palm Bay
1050 Malabar Road
Palm Bay, FL  32907

Phone: (321) 952-3400
Email: ADACoordinator@palmbayflorida.org

or

Laura Clawson, Human Resources Director
City of Palm Bay
120 Malabar Road
Palm Bay, FL  32907

Phone: (321) 952-3421
Email: ADACoordinator@palmbayflorida.org

Sidewalk Gap and Americans with Disabilities Act (ADA) Transition Program

Discrimination Complaint Procedures

All complaints shall include:

• Name, address and contact number of the person making the complaint;
• Names, addresses and contact numbers of witnesses;
• A narrative or statement describing the alleged violation of Title VI, or other claim of discrimination, including date and time of the alleged violation and City program or facility where the alleged violation occurred; and any other documentation that may provide an additional explanation or identification of the alleged discrimination.

Note: Alternative means of filing complaints, such as personal interviews or a recording of the complaint will be made available for persons upon request.

All complaints shall be filed no later than 180 days from the date of the alleged discrimination.

Within 15 calendar days after receipt of the complaint, the Title VI/ADA Coordinator will meet with the complainant to discuss the complaint and possible resolution. Within 30 calendar days of the meeting, Title VI/ ADA Coordinator will complete an investigation of the allegations and respond in writing to the person who filed the complaint. The response will explain the position of the City and offer options for substantive resolution of the complaint.

The person who filed the complaint may appeal the written response if it does not satisfactorily resolve the issue. Appeals must be submitted in writing to the City Manager, within 15 calendar days after receipt of written response.

Should the complainant be unable or unwilling to complain to the City of Palm Bay, the written complaint may be submitted directly to the Florida Department of Transportation (FDOT). FDOT 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:

Florida Department of Transportation
Equal Opportunity Office
Attention: Title VI Complaint Processing
605 Suwannee Street MS 65
Tallahassee, FL  32399

Discrimination Complaint Form

Public Involvement

In order to plan for efficient, effective, safe, equitable and reliable transportation systems, the City of Palm Bay must have the input of its public. The City spends extensive staff and financial resources in furtherance of this goal and strongly encourages the participation of the entire community. The City hosts an informative website that advises the public how it can access information and provide input. The City also holds public meetings, workshops and other events designed to gather public input on program/project planning and construction. Further, the City sponsors, attends and participates in other community events to promote its services to the public. Finally, the City is constantly seeking ways of measuring the effectiveness of its public involvement.

Persons wishing to request special presentations by the City; volunteer in any of its activities; offer suggestions for improvement; or to simply learn more about City programs and services should visit the City of Palm Bay website or contact:

City Manager's Office
120 Malabar Road Palm Bay, Florida, 32907
Email: citymanager@palmbayflorida.org
Phone: (321) 952-3411

Title VI Limited English Proficiency Guidance

Federal fund recipients are required 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 Limited English Proficiency (LEP) services are required and in which languages, the law requires analysis of four factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the City’s programs or activities.
   
   Using census data, the City has determined that approximately 12.6% of the community speaks a language other than English.  Based on daily interactions at the City, the language other than English that is most often spoken in the community is Spanish.  Additionally, the City contacted local public schools to determine the proportion of LEP served by those entities, and once again, Spanish was reported to be the prevalent LEP language. 
   
   
2. The frequency with which LEP individuals come in contact with these programs, or activities.
   
   City staff reviewed the frequency with which City staff has, or could have, contact with LEP persons. With respect to individuals requesting verbal interpretations, the City Hall Customer Service area has numerous interactions with Spanish LEP individuals each year. Spanish translating services are provided three to four times monthly in the Customer Service area of City Hall. 
   
   
3. The nature and importance of the program or activity to people’s lives.
   
   The City believes that City services are of critical importance to its public, as access to certain emergency services, utilities, and other essentials would be difficult without City services. In that spirit, City staff is usually available to assist LEP persons. 
   
   
4. The resources available to the City and the likely costs of the LEP services.
   
   The City has reviewed its available resources and determined that City Council and staff are most likely to encounter LEP individuals through office visits, phone conversations, and attendance at City Council meetings. The City is fortunate to have employees who speak Spanish and a variety of other languages. This allows translation to be conducted between citizens with limited English proficiency and City of Palm Bay employees and Council Members. The City will maintain a list of employees who speak Spanish and other languages and who are willing to provide translation or interpretation services. In addition, this list is available to City staff that regularly have contact with the public.

The City understands that its community demographics are ever changing. Continual analysis may reveal the need for more limited English proficiency services in the future. As such, it will biennially examine its limited English proficiency plan to ensure that it remains reflective of the community's needs.

Language Assistance

A person who does not speak English as their 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 entitled to language assistance with respect to the City of Palm Bay’s services. Language assistance can include interpretation, which means oral or spoken transfer of a message from one language into another language and/or translation, which means the written transfer of a message from one language into another language.

The following are the services the City provides to LEP persons:

A. Oral Language Assistance:

The City will provide oral language assistance by bilingual staff. These services will be offered free of charge whether in person or via telephone.

Bilingual Staff:

A list of City staff who fluently speak, read, write and/or understand languages other than English, and who are willing and able to act as interpreters has been identified. The City employees who may encounter LEP persons are aware that this list is available on the City’s Intranet to assist them with providing appropriate services to LEP persons.

B. Translations of Materials:

Language assistance will be provided for LEP persons through language translations and/or oral interpretations of some key materials, upon request or as deemed necessary for effective outreach.

ADA Notice

Palm Bay ADA Notice

Data Collection

FHWA regulations require federal-aid recipients to collect racial, ethnic and other similar
demographic data on beneficiaries of or those affected by transportation programs, services and activities. The City of Palm Bay accomplishes this through use of census data, American Community Survey reports, Environmental Screening Tools (EST), driver and ridership surveys, its community development department and other methods. From time to time, the City may find it necessary to request voluntary identification of certain racial, ethnic or other data from those who participate in City programs, services or activities. This information assists the City with improving service equity and ensuring effective outreach. Self- identification of personal data to the City will always be voluntary and anonymous. Moreover, the City will not release or otherwise use this data in any manner inconsistent with the FHWA regulations.