Res 2050-Woodburn Transit System Title VI ProgramCOUNCIL BILL NO. 2962
RESOLUTION NO. 2050
A RESOLUTION ADOPTING THE WOODBURN TRANSIT SYSTEM TITLE VI PROGRAM
WHEREAS, any entity receiving federal dollars, either directly from the
Federal Transit Administration (FTA) or through the Oregon Department of
Transportation Rail and Public Transit Division must not discriminate based on
factors which include, but are not limited to, race, color, national origin, religion,
age, marital status, sexual orientation, gender, or disability status; and
WHEREAS, subject entities are required to adopt and submit a Title VI
Program meeting requirements established by the FTA by June 30, 2014, and
again every three years by April 30th; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Woodburn Transit System Title VI Program (dated June 23,
2014 and attached hereto
oaassExhibit
es"A") is hereby adopted.
Approved as to Form: l9/Zo
City Attorney ` 4 Date
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Passed by Council
Submitted to the Mayor
Approved by the Mayor
Filed with the Office of the Recorder
ATTEST: `f,.PL PL;us
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Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No. 2962
Resolution No. 2050
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Exhibit A
Page 1 of 14
Woodburn Transit System
City of Woodburn
Woodburn Transit System
270 Montgomery Street
Woodburn, Oregon 97071
Title VI Program
June 23, 2014
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Woodburn Transit System
City of Woodburn
Woodburn Transit System
270 Montgomery Street
Woodburn, Oregon 97071
Title VI Program
June 23, 2014
148
Exhibit A
Page 2 of 14
Table Of Contents
Introduction.............................................................................................................................................................................. 3
PolicyStatement.....................................................................................................................................................................3
TitleVI Notice to the Public...............................................................................................................................................3
TitleVI Complaint Procedures..........................................................................................................................................3
Record of Title VI investigations, Complaints, or Lawsuits....................................................................................5
Minority Representation on Non -elected Bodies.........................................................................................................5
TitleVI Public Participation Plan.....................................................................................................................................5
Summary of Ongoing Public Participation Efforts and Outreach...........................................................................6
Woodburn Transit System Limited English Proficiency Outreach Plan..............................................................6
Primary recipients and monitoring sub recipients........................................................................................................8
TitleVI equity analysis........................................................................................................................................................8
ServiceStandards...................................................................................................................................................................9
AttachmentA........................................................................................................................................................................11
AttachmentB........................................................................................................................................................................13
149
Exhibit A
Page 3 of 14
Introduction
This program reflects the Woodburn Transit System's commitment to ensuring that no person shall, on
the ground of race, color, national origin, religion, age, marital status, sexual orientation, gender, or
disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity provided by the Woodburn Transit System (WTS).
Policy Statement
Title VI of the Civil Rights Act of 1964 states:
"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 subjected to discrimination under any program or activity
receiving Federal financial assistance."
The Woodburn Transit System is committed to complying with the requirements of Title VI in all of its
programs and activities. Questions and complaints may be reported to Michael Hereford, Human
Resources Director, at (503) 982-5231; by e-mail at michael.hereford&ci.woodburn.onus; or by letter to
270 Montgomery St, Woodburn, OR 97071.
Title VI Notice to the Public
The Title VI Notice to the Public can be found in Attachment A and will be posted at the Woodburn
Transit office, on the Woodburn Transit webpage, and on board buses operated by Woodburn Transit
System. The notice is provided in both English and Spanish.
Title VI Complaint Procedures
Complaints alleging discrimination which is prohibited under Title VI of the Civil Rights Act of 1964
shall be filed in accordance with the following procedure:
I. Any person who believes he or she, individually, as a member of any specific class, or in connection
with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title
VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the
Vocational Rehabilitation Act of 1973, or the Civil Rights Restoration Act of 1987, as amended, may
file a complaint with the Woodburn Transit System (WTS). A complaint may also be filed by a
representative on behalf of such a person. All complaints will be referred to the Human Resources
Director for review and action.
2. In order to have the complaint considered under this procedure, the complainant must file the
complaint no later than 180 days after:
a) The date of alleged act of discrimination; or
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150
Exhibit A
Page 4 of 14
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, WTS may extend the time for filing or waive the time limit in the interest of justice, as
long as WTS specifies in writing the reason for so doing.
3. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's
representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding
the alleged discrimination. In the event a person makes a verbal complaint of discrimination to an
officer or employee of WTS, the person shall be interviewed by the Human Resources Director. If
necessary, the Human Resources Director will assist the person in reducing the complaint to writing
and submit the written version of the complaint to the person for signature. The complaint shall then
be handled according to WTS's investigative procedures. The complaint may be filed in writing with
WTS at the following address:
Woodburn Transit System
Human Resources Director
270 Montgomery Street
Woodburn, OR 97071
503-982-5265
michael.hereford(a)ci.woodburn.or.us
4. Within 10 days, the Human Resources Director will acknowledge receipt of the allegation, inform the
complainant of action taken or proposed action to process the allegation, and advise the complainant
of other avenues of redress available, such as the Oregon Department of Transportation (ODOT) and
U.S. Department of Transportation (USDOT).
5. The Human Resources Director will advise ODOT and/or USDOT within 10 days of receipt of the
allegations. Generally, the following information will be included in every notification to ODOT
and/or USDOT:
a) Name, address, and phone number of the complainant.
b) Name(s) and address (es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin, or sex)
d) Date of alleged discriminatory act(s).
e) Date complaint received by the recipient.
f) A statement of the complaint.
g) Other agencies (local, state, or Federal) where the complaint has been filed.
h) An explanation of the actions WTS has taken or proposed to resolve the issue in the
complaint.
6. Within 60 days, the Human Resources Director will conduct an investigation of the allegation and
based on the information obtained, will render a recommendation for action in a report of findings to
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Exhibit A
Page 5 of 14
the Woodburn City Manager. The complaint should be resolved by informal means whenever
possible. Such informal attempts and their results will be summarized in the report of findings.
7. Within 90 days of receipt of the complaint, the Human Resources Director will notify the
complainant in writing of the final decision reached, including the proposed disposition of the matter.
The notification will advise the complainant of his/her appeal rights with ODOT, or USDOT, if they
are dissatisfied with the final decision rendered by WTS. The Human Resources Director will also
provide ODOT and/or USDOT with a copy of this decision and summary of findings upon
completion of the investigation.
8. Contact information for the state and federal Title VI administrative jurisdiction is as follows:
ODOT Public Transit Division
555 13th Street NE
Salem, OR 97301
503-986-4305
503-986-4189 fax
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor — TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
Record ofTitle V1 investigations, Complaints, or Lawsuits
The City of Woodburn will maintain a list of any and all transit related Title VI investigations,
complaints, and lawsuits. The list shall be kept and maintained at the Woodburn City Hall located at 270
Montgomery Street, Woodburn, OR 97071.
Minority Representation on Non elected Bodies
At this time, the Woodburn Transit System does not have any non -elected bodies, committees, or councils
of which it must report racial membership rates. If the Transit system develops any non -elected bodies
the City will encourage the participation of minorities in proportion to the minority makeup of the service
area. Additionally, the City will maintain a table documenting the racial makeup of membership of such
committees.
Title V1 Public Participation Plan
The Woodburn Transit System shall strive to include minority and LEP (Limited English Proficiency)
individuals in its decision making processes. This includes outreach to minority groups in Woodburn and
the surrounding area.
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Exhibit A
Page 6 of 14
Surnmary of Ongoing Public Participation Efforts and Outreach
In accordance with Oregon public meeting law, all public meetings, including budget committee and City
Council meetings where resource allocation and transportation planning discussions and actions are taken,
are open to the general public. Accommodations are available for those with limited English proficiency
if requested in advance of the meeting.
Passenger Surveys
WTS conducts onboard rider and general awareness surveys occasionally, in both English and Spanish.
Bilingual Outreach
The City maintains a list of fluent Spanish-speaking employees, and can contract for Spanish interpreters,
if necessary. Additionally, the City's Outreach Coordinator has responsibility for coordinating the City's
communication and outreach activities with the Spanish Speaking population.
Phone Access
A bilingual transit office clerk is available to communicate with Spanish speaking individuals who call
for information and/ or service.
Schedules translated in Spanish
The current service schedule includes a Spanish section. New service schedules will be provided in
English and Spanish and made available via paper brochures and on the WTS website.
Woodburn Transit Systern Limited English Proficiency Outreach Plan
Woodburn Transit is required to take responsible steps to ensure meaningful access to the benefits,
services, information and other important portions of our programs and activities of individuals who are
Limited English Proficient (LEP). Woodburn Transit consulted the USDOT's LEP Guidance and
performed a four factor analysis of our contact with the public to determine the appropriate mix of LEP
services to offer.
Four Factor Analysis:
Factor 1: The number or proportion of LEP persons in the service area.
Step 1: Prior experience with LEP individuals. Over the past year, our dispatchers have taken
approximately 5 calls per week from LEP persons which have required the use of an interpreter.
Step 2: Data was gathered from the following sources to identify information on persons who speak
languages other than English at home and those who speak English less than well or not at all and would
be classified as Limited English Proficient or "LEP":
a. 2010 Census Data
b. Census Bureau's American Community Survey and Fact Finder Surveys
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Exhibit A
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c. Department of Labor LEP Special Tabulation website Mid -Willamette Workforce
A review of the 2012 American Community Survey data (http://factfinder.census.gov) on the numbers of
limited English proficient or LEP persons revealed that in Woodburn, Oregon the number of people over
age 5 who speak a language other than English at home was 10.6% of the total population of Woodburn.
4.5% of the Woodburn population reports that they speak English less than "very well." The most
common language other than English spoken at home was Spanish, with people (7.7%) recorded as
speaking Spanish or Spanish Creole (Source: American Community Survey, 2008-2012 American
Community Survey 5 -Year Estimates, 51601, Woodburn, Oregon).
Step 3: According to the Mid -Willamette Workforce Network the number of Spanish speaking LEP
individuals that spoke English "not well" or "not at all" in the mid -Willamette area is 4.6%, which
translates to almost 2,000 residents of Woodburn
(Source: http://www.doleta.gov/reports/censusdata/LWIA by_State.cfm?state=OR).
Factor 2: The frequency with which LEP individuals come into contact with the service.
Woodburn Transit serves LEP persons daily through transit and paratransit services. Over the past year,
our dispatchers take approximately 5 calls per week from LEP persons which have required the use of an
interpreter.
Factor 3: The importance of the service to LEP persons.
Woodburn Transit provides important transit services to the public through its fixed route and
complementary paratransit programs. Woodburn Transit is one of a few public transportation providers
that serve the City of Woodburn and provides a link between residential areas, commercial centers,
healthcare facilities, educational campuses, and social service offices. Language barriers would most
affect users of the complementary paratransit system as reservations for the system are taken via
telephone. The complementary paratransit portion of Woodburn Transit provides approximately 15% of
the total rides provided through the Woodburn Transit System.
Factor 4: The resources available to the recipient of the federal funds to assure meaningful access to the
service by LEP persons
WTS currently provides some information in Spanish through bus schedules, the transit website, and
information on the buses. The City of Woodburn maintains a list of employees who are fluent in Spanish
and other languages, and professional translation services are available if required. WTS also contracts
with "language line" to assist LEP individuals with phone inquiries.
Processes for providing lan2ua2e assistance services by lan2ua2e
Based on the four factor analysis, WTS recognizes the need to continue providing language services. A
review of WTS relevant programs, activities and services that are being offered by the City as of March
2014 include:
o If a bi-lingual employee is unavailable, the City has a contract with the translation service
"Language Line" for phone calls taken from LEP individuals
o The City employees a bi-lingual transit office clerk
o Spanish speaking translators who work for the City are available upon request during normal
business hours
o Route and schedule information are available in Spanish on the Woodburn Transit website
o Community surveys are available in Spanish format
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Exhibit A
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Based on the demand for alternate language services, and considering the limited budget of the Woodburn
Transit programs, other activities and services that will be developed in the next three years include:
o Transit surveys conducted by Woodburn Transit will be available in Spanish
o Future route maps will be available in both English and Spanish
o Bi -lingual employees will continue to be available to provide written and verbal translation
services
Woodburn Transit's outreach and marketing initiatives have yielded a list of community organizations
that serve populations with limited English proficiency. The following list of community organizations
will be contacted to assist in gathering information and see what services are most frequently sought by
the LEP population:
• Woodburn Public School District
• Hispanic Advisory Council
• Woodburn Area Chamber of Commerce
Providing notice to LEP's of lanuau assistance
Notice will be placed on the transit buses, transit website, and on the bus schedules, and brochures
announcing the availability of Language assistance.
Monitoring, evaluatin! and undatini! LAP
Woodburn Transit staff will contact the community organizations that serve LEP persons, as well LEP
persons themselves, and also perform a four factor analysis every three years to identify what, if any,
additional information or activities might better improve transit services to assure non-discriminatory
service to LEP persons. WTS will then evaluate the projected financial and personnel needed to provide
the requested services and assess which of these can be provided cost-effectively.
Training Employees
Woodburn Transit will train all employees, staff and volunteers to proficiency regarding the need and
availability of language assistance to LEP individuals who use the service. Employees will be
encouraged to use the services provided when contact with LEP individuals prevents or hinders
communication. This training will be provided at least annually.
Primary recipients and monitoring sub recipients
Currently the City of Woodburn is not a primary recipient of FTA funds and does not have any sub -
recipients.
Title VI equity analysis
There are no current planned facilities or construction projects that require a Title VI equity analysis.
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Exhibit A
Page 9 of 14
Service Standards
Vehicle Load for Each Mode Standard (expressed as a ratio)
The peak -hour vehicle load standards by mode for Woodburn Transit System are: Vehicle Load
Standards are expressed as a ratio. (A 40 passenger bus that allows 12 standees would have a load
standard of 1.3)
Fixed Route (35 passenger bus)
1.2
Paratransit (16 passenger van)
.75
Demand Response (16 passenger van)
.75
Demand Response (4 passenger van)
.5
Vehicle Headway for Each Mode (Time between vehicles on same route)
Fixed Route (35 passenger bus) 1 hour
Paratransit (16 passenger van) n/a
Demand Response (16 passenger van) n/a
Demand Response (4 passenger van) n/a
On Time Performance for Each Mode
Service Availability for Each Mode
The Woodburn Transit System provides equitable service availability to customers within the service
area.
Distribution of Transit Amenities for Each Mode
The Woodburn Transit System has a policy to distribute transit amenities equally across the system. Any
new amenities will be distributed equally across the system without regard to race or national origin of
users from that service area. This applies to:
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May Run Early
On-time Consideration
(yes/no)
Fixed Route (35-
NO
<10 minutes behind
passenger bus)
Paratransit (16
YES
(+or ) 15 minutes
passenger van)
Demand Response
YES
(+or ) 15 minutes
(16 passenger van)
Demand Response
YES
(+or ) 15 minutes
(4 passenger van)
Service Availability for Each Mode
The Woodburn Transit System provides equitable service availability to customers within the service
area.
Distribution of Transit Amenities for Each Mode
The Woodburn Transit System has a policy to distribute transit amenities equally across the system. Any
new amenities will be distributed equally across the system without regard to race or national origin of
users from that service area. This applies to:
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Exhibit A
Page 10 of 14
• Seating and benches at stops and stations
• Bus shelters
• Provision of information including maps, route maps, and schedules
• Waste receptacles.
Vehicle Assignment for Each Mode
The Woodburn Transit System sets a policy of vehicle assignment for each mode without regard to race,
color, national origin, religion age, marital status, sexual orientation, gender, or disability of users from
that service area. Woodburn Transit will assign vehicles with higher capacity to routes with higher
ridership. Age of the vehicles will only be considered a factor when assigning vehicles to routes.
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ttachrnent
Notifying the Public of Rights under Title VI
City of Woodburn, Oregon
Exhibit A
Page 11 of 14
• The City of Woodburn operates its programs and services without regard to race, color and
national origin in accordance with Title VI of the Civil Rights Act of 1964. Any person who
believes they have been aggrieved by any unlawful discriminatory practice under Title VI may
file a complaint with the City of Woodburn.
• For more information on the City of Woodburn's Civil Rights Program and/ or the procedures for
filing a complaint, contact Michael Hereford, Human Resources Director at (503) 982-5231 or
michael.hereford(a)ci.woodbum.or.us or visit Woodburn City Hall at 270 Montgomery St,
Woodburn, OR 97071.
• A complaint may also be filed directly with the Federal Transit Administration's Office of Civil
Rights at:
Federal Transit Administration Office of Civil Rights
Attention: Title VI Program Coordinator
East Building, 5th Floor — TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
• If information is needed in another language, please contact the City of Woodburn's
community outreach office at (503) 982-5388.
Notificaci6n al Publico bajo Los Derechos de Titulo VI
Ciudad de Woodburn, Oregon
Los programas y servicios de la Ciudad de Woodburn funcionan sin ninguna consideraci6n por
motivos raciales, de color y origen nacional de acuerdo con el Titulo VI de los Derechos Civiles
de 1964. Alguna persona que cree que fue ofendido de una practica discriminatoria ilegal baj o
este Titulo VI puede presentar una queja con la Ciudad de Woodburn.
Para mas informaci6n tocante el Programa de Derechos Civiles de la Ciudad de Woodburn y/o
para saber el proceso de presentar una quej a, comuniquese con Michael Hereford, Director de
Recursos Humanos al (503) 982-5231 o por correo electr6nico al
michael.hereford(acr�ci.woodburn.or.us o visitenos en el Ayuntamiento de la Ciudad al 270
Montgomery St, Woodburn, OR 97071.
Una queja tambien se puede presentar con las Oficinas de Derechos Civiles de la Administraci6n
Federal de Transito al:
Oficinas de Derechos Civiles de la Administracion Federal de Transito
Atentamente: Coordinador del Programa Title VI
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Exhibit A
Page 12 of 14
East Building, 5th Floor TCR
1200 New Jersey Avenue, SE
Washington, DC 20590
• Si necesita la informacion en otra idioma por favor comuniquese con la oficina del Agente
Comunitario al 503-982-5388.
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Exhibit A
Page 13 of 14
Attachment
Name:
Address:
City:
Telephone Number:
City of Woodburn Title VI Complaint Form
State:
Zip Code:
Were you discriminated against because of your:
❑ Race ❑ National Origin
❑ Color ❑ Age
❑ Other:
Date and Time of Alleged Incident:
Explain as clearly as possible what happened and how you were discriminated against. Indicate
who was involved and if applicable, the transit route and vehicle. Be sure to include the names
and contact information of any witnesses. If more space is needed, please use additional pages.
Have you filed this complaint with any other federal, state or local agency or with any court? ❑ Yes ❑ No
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Exhibit A
Page 14 of 14
If yes, check and identify all that apply:
❑ Federal Agency
❑ Federal Court
❑ State Agency
❑ State Court
❑ Local Agency
Please provide information for a contact person at the Agency or Court where the complaint was
filed.
Name:
Address:
City, State, & Zip Code:
Telephone Number:
Please sign below. You may attach any additional written materials or other information you
believe is relevant to your complaint.
Signature
Please mail this form to:
Human Resources Director
City of Woodburn
270 Montgomery St
Woodburn, OR 97071
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Date