Title VI annual accomplishment report

              Title VI
Annual Accomplishment Report
April 1, 2010 - April 29, 2011
Oklahoma Department of Transportation
Civil Rights Division
200 N.E. 21st Street, Rm. 1-C5
Oklahoma City, Oklahoma 73105
Phone: (405) 521-2072
Toll Free: 1-800-788-4539
Fax: (405) 522-2136
http://www.okladot.state.ok.us/civil-rights/index.htm
In accordance with 23 CFR 200.9(b)(10), the following is a report of the Oklahoma Department of
Transportation’s (ODOT) Title VI Accomplishments, a copy of the Title VI Plan, and Work Plan for
May 1, 2011 - April 29, 2012.
ACCOMPLISHMENTS
TITLE VI WEBSITE: A Title VI website was created to include general information, forms, and links for
internal and public use. (April 2010)
DISCRIMINATION COMPLAINT FORM: The Title VI Discrimination Complaint form was created and is
available online at http://www.okladot.state.ok.us/civil-rights/title6/complaints.htm. The form is included
here as Attachment A. (April 2010)
DISCRIMINATION COMPLAINT PROCEDURE: The Title VI Discrimination Complaint procedure has
been updated and is available online at http://www.okladot.state.ok.us/civil-rights/title6/complaints.htm.
The procedure is included here as Attachment B. (April 2010)
PUBLIC MEETING FORM: The Title VI Public Meeting Form was created and is available on the website
for internal use. Relevant information is being submitted by the appropriate Title VI Designee after each
event. The form is included here as Attachment C. (April 2010)
TITLE VI BROCHURE: The Title VI brochure was developed and is available in English and Spanish
versions online and in paper format. The brochures are available at each major division and at all public
meetings. The brochures are included here as Attachment D and E. (April 2010)
LIMITED ENGLISH PROFICIENCY: A Limited English Proficient (LEP) survey was developed and
distributed to all ODOT field divisions, residencies, and maintenance yards to identify employees that have
the ability to interpret, translate, or are bilingual. A spreadsheet was developed from the survey results to
quickly obtain employee information in the event a LEP individual comes into contact at ODOT. (May 2010
– June 2010)
A LEP Assessment was conducted using the Four Factor Analysis to identify language barriers, if any, that
each of the nine (9) ODOT divisions may/have experienced with individuals from the public. A survey was
sent out to all division receptionists to determine the frequency, reason of visit, and language(s) spoken of
individuals from the public that enter their division offices. The Assessment identified the population of
each division area throughout Oklahoma, languages most commonly spoken, and the number of LEP
individuals. Using the Safe Harbor Provision, critical ODOT documents that need to be in multiple
languages were identified. (December 2010)
A “Notice of Interpreter Services” flyer was created and posted throughout all ODOT divisions by elevators
and main entrances. (January 2011)
A LEP packet was developed and distributed to all main ODOT receptionists and Title VI Designees. The
packet included the Notice of Interpreter Services flyers, “I Speak” cards, example of LEP reporting form,
and instructions on assisting a LEP individual. The documents are included here as Attachment F.
(January 2011)
ODOT/LANGSTON UNIVERSITY INTERNSHIP: The ODOT partnered with Langston University (LU) to
provide a summer internship program for Langston students. Seven students participated in this internship
from June 1, 2010-August 13, 2010. Students were placed in the following divisions: Legal, General
Counsel, Environmental, Safe Routes to School, Information Technology, Traffic, and Right-of-Way
(Utilities). All internships were funded by the LU. One intern was hired on full-time during the course of the
internship and two others have had their internship extended until October 2010. (May 2010-October 2010)
The ODOT partnered with LU again to accept interns for the 2011 summer internship program. All
internships are being funded by the LU. A list of intern qualifications and available positions was sent to LU
in March 2011. Applications are due to the ODOT by April 29, 2011. All applicants will be interviewed by
the specific division and the Office of Civil Rights before placement. A total of 10 (ten) internship positions
at the ODOT are available. (March 2011 – current)
NATIONAL SUMMER TRANSPORTATION INSTITUTE: The 2010 National Summer Transportation
Institute (NSTI) program was hosted by Langston University (LU) along with the ODOT and the FHWA.
The high school program was held from June 6-30, 2010. A total of 19 (11 males and 8 females) high
school students ranging from grades 9-12 were selected to participate in this program. Racial makeup of
the participants included 17 African-Americans, 1 Asian, and 1 Caucasian. Students in the program visited
from Oklahoma City, Tulsa, Midwest City, Langston, Woodward, Wellston, Spencer, and Waco, Texas.
(June 2010)
The second year for the NSTI middle school/junior high program was also hosted by LU. This program ran
from July 11-30, 2010. A total of 41 (20 males and 21 females) students ranging from grades 6-8 were
selected to participate in this program. Racial makeup of the participants included 38 African-Americans, 1
Asian, 1 Native American, and 1 Caucasian. Students in the program visited from Oklahoma City,
Edmond, Midwest City, Del City, Tulsa, Langston, Ardmore, Spencer, Coyle, and Charlotte, North Carolina.
(July 2010)
For 2011, this was the first time a Request for Proposal (RFP) on the NSTI program was issued. In
October 2010, a RFP was released for accredited schools to apply to host the 2011 NSTI high school and
middle school program. An ODOT evaluation committee was formed and the submitted RFP was reviewed
and Langston University was selected. The high school program was approved by FHWA and is scheduled
to be conducted in June 2011. (October 2010 – current)
TITLE VI DESIGNEES: Identified a total of 37 Title VI designees from various divisions and locations for
the agency. The Title VI Coordinator met with all the designees one-on-one to explain their roles and
responsibilities.
Specialized monthly reports have been created for each designee that has been contacted to gather
statistical data in accordance with 23 CFR 200.9(b)(4). These individualized reports are available for the
designees on the intranet. (April 2010 - current)
TITLE VI COMPLIANCE REVIEWS: All major division areas were notified in November 2010 that Title VI
Compliance reviews will be conducted in 2011. Division areas are given two weeks’ notice prior to the
actual on-site along with a copy of the questions that will be asked and documents that will be reviewed.
After the on-site a Determination of Findings will be issued identifying any deficiencies. Divisions are
required to develop a Corrective Action Plan to correct any deficiencies within a period of 90 days.
The areas that have been identified as high risk are: Pre-qualification process, Pre-bidding, Construction
contracts, Relocation, Acquisition, Appraisal, Project Management contracts, Planning & Research,
Environmental, Special Programs, Association of Central Oklahoma Governments, Indian Nations Council
of Governments, Lawton Metropolitan Planning Organization, and Bi-State Metropolitan Planning
Organization.
The Office of Engineer’s Pre-qualification process review was concluded in March 2011. The Right-of-Way
division’s Relocation and Acquisition process is currently in review. (January 2011 – current)
TITLE VI DESIGNEE TRAINING: All ODOT Title VI Designees received CD-ROMs with Title VI training
materials. (September 2010)
All ODOT Title VI Designees received a one day course on laws and regulations of Title VI and
understanding their role and responsibility as the designee. (March 2011)
TITLE VI NON-DISCRIMINATION CLAUSE & ATTACHMENTS: All divisions are now consistent with the
updated Title VI Non-Discrimination Clause that must be included in all Federal contracts. In addition, the
Right-of-Way (ROW) division will include Appendix B from the Assurances to all deeds of conveyance
relative to any properties acquired by the Department from the United States. The ROW division will also
include Appendix C from the Assurances on short term leases and permits. (August 2010 - current)
TITLE VI ADVERTISEMENT CLAUSE: The following Title VI Advertisement clause was created (English
& Spanish) to be included on all advertisements (brochures, posters, pamphlets, etc.) that are produced
from ODOT’s Reproduction division and distributed to the public (June 2010 - current):
The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons
shall, on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any and all programs, services, or activities administered by ODOT, its recipients, sub-recipients,
and contractors.
"Ninguna persona en los Estados Unidos, por motivos de raza, color u origen nacional, se excluirá de
la participación en, negar los beneficios de o ser sometida a discriminación bajo ningún programa o
actividad que reciba asistencia financiera federal".
METROPOLITAN PLANNING ORGANIZATIONS: The Title VI Coordinator has visited the facilities and
met the staff at the: Association of Central Oklahoma Governments (ACOG), Lawton Metropolitan Planning
Organization (LMPO), and BI-State Metropolitan Organization (BSMPO). Copies of the signed Title VI
Assurances have been received and filed from ACOG, LMPO, and BSMPO. The Title VI requirements for
the MPO’s have been explained and now pending implementation.
The Title VI Coordinator will visit the Indian Nations Council of Government (INCOG) at the scheduled Title
VI training. Title VI training for each of the MPO’s is: LMPO – June 10, 2011; INCOG – June 21, 2011;
BSMPO – June 23, 2011; and ACOG – July 8, 2011. (October 2010 – current)
TITLE VI REPRESENTATION: The Title VI Coordinator has attended various meetings of the Governor’s
Advisory Council on Asian-American Affairs, Governor’s Advisory Council on Latin American and Hispanic
Affairs, Oklahoma Alliance for Civil Rights, Metropolitan Planning Organization meetings, and the
Oklahoma Diversity Officers/Practitioners Consortium. (March 2010 - current)
The Title VI Coordinator has represented ODOT and manned booths at various career fairs throughout
Oklahoma. (September 2010 – current)
The Title VI Coordinator has assisted at various Construction Career Fair events for high school students in
Oklahoma. (October 2010-current)
COMPLAINTS:
Complaints of Discrimination received in 2009/2010: 0
Complaints of Discrimination processed in 2009/2010: 0
ATTACHMENT A
ATTACHMENT B
DISCRIMINATION COMPLAINT PROCEDURE
A. OVERVIEW
The ODOT is responsible for investigating all Title VI discrimination complaints occurring within the
federal-aid highway program or its activities, unless the complaint filed is against the ODOT.
Complaints naming the ODOT as a respondent shall be forwarded to the FHWA. The procedures that
the Office of Civil Rights will use to investigate such complaints are included in the ODOT’s Title VI
plan. All state level Title VI complaints are to be completed within sixty (60) calendar days of the
acceptance of the formal complaint.
All findings from state investigations are preliminary and subject to the concurrence of the FHWA‘s
Office of Civil Rights. The FHWA’s Office of Civil Rights will render final decisions in all cases. There
are no administrative appeal forums in the Title VI complaints.
Complaints may be filed by any person who believes that they have been excluded from participation
in, been denied the benefits of, or otherwise subjected to discrimination under any ODOT service,
program, or activity whether Federally funded or not, and believes the discrimination is based on race,
color, national origin, gender, age, disability, economic status or Limited English Proficiency.
All allegations, regardless of where they are reported, shall be immediately forwarded to the ODOT
Title VI Coordinator. In addition, these complaint processing requirements are passed down to sub-recipients
and are reviewed for compliance during on-site reviews with those sub-recipients. ODOT
has published these procedures for public view at:
http://www.okladot.state.ok.us/civil-rights/index.htm
The scope of Title VI covers all external activities at the ODOT. Adverse impacts resulting in the Title
VI complaint can arise from many sources, including advertising, bidding, and contracts.
Complaints can originate from individuals or firms alleging inability to bid upon or obtain a contract with
the ODOT for the furnishing of goods and/or services. Examples include advertising for bid proposals;
prequalification or qualification; bid proposals and awards; selection of contractors, subcontractors,
material and equipment suppliers, lessors, vendors, consultants, fee appraisers, universities, etc.; or
the allocation of Federal Transit Administration funding.
Complaints can originate as a result of project impacts on individuals or groups. For example, social
and economic, traffic, noise, air quality, access, accidents, and failure to maintain facilities.
B. COMPLAINT PROCEDURE
The ODOT uses the following, detailed internal procedures for prompt processing and resolution of all
Title VI complaints received directly by any of its divisions or field divisions having responsibilities under
the Title VI and the related Nondiscrimination statutes. These procedures include but are not limited to:
1. Any person who believes that he or she, individually, as a member of any specific class, has
been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, as
amended, may file a complaint with the Title VI Coordinator with the Office of Civil Rights. A
complaint may also be filed by a representative on behalf of such a person.
2. In order to have the complaint considered under this procedure, the complaint must be filed no
later than 180 calendar days after:
 The date of the alleged act of discrimination; or
 Where there has been a continuing course of conduct, the date on which that conduct
was discontinued
3. Complaints shall be filed using the department’s Title VI Complaint Form (available at
http://www.okladot.state.ok.us/civil-rights/index.htm or by contacting the Office of Civil Rights).
Complaints shall set forth as fully as possible the facts and circumstances surrounding the
claimed discrimination. In the event that a person makes a verbal complaint of discrimination
to an officer or employee of the recipient, the person shall be interviewed by the Title VI
Coordinator. If necessary, the Title VI Coordinator 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 in the usual manner.
Complaints should be directed to:
Oklahoma Department of Transportation
Office of Civil Rights
200 N.E. 21st Street, Room 1-C5
Oklahoma City, OK 73105-3204
4. Upon receipt of the signed complaint form, the Title VI Coordinator will log-in the complaint,
determine the basis of the complaint, authority/jurisdiction, and who should conduct the
investigation.
5. The Title VI Coordinator reviews and determines the appropriate action regarding every Title VI
complaint. The department will not proceed with or continue a complaint investigation if:
a. The complaint is, on its face, without merit
b. The same allegations and issues of the complaint have been addressed in a recently
closed investigation or by previous federal court decisions.
c. The complainant’s or injured party’s refusal to cooperate (including refusal to give
permission to disclose his or her identify) has made it impossible to investigate further.
6. Within ten (10) business days, the Title VI Coordinator will acknowledge receipt of the
allegation, inform the complainant of action taken or proposed action to be taken to process
the allegation(s), and the complainant is advised of other avenues of redress available, such
as the FHWA and the Department of Transportation. The notification letter contains:
a. The basis of the complaint.
b. A brief statement of the allegation(s) over which the department has jurisdiction.
c. A brief statement of the department’s jurisdiction over the recipient to investigate the
complaint; and
d. An indication of when the parties will be contacted.
7. The Title VI Coordinator also notifies the FHWA’s Division Office within ten (10) calendar days
of receipt of the allegations. Generally, the following information will be included in every
notification to the Office of Civil Rights:
a. Name, address, and phone number of the complainant.
b. Email address if available.
c. Basis of complaint (i.e., race, color, national origin, sex, age, disability/handicap).
d. Date of the alleged discriminatory act(s).
e. Date of complaint received by the recipient.
f. A statement of the complaint.
g. Other agencies (state, local or Federal) where the complaint has been filed.
h. An explanation of the actions the recipient has taken or proposed to resolve the
issue(s) raised in the complaint.
8. Within sixty (60) calendar days from the date the original complaint was received, the Title VI
Coordinator will conduct and complete an investigation of the allegation(s) and based on the
information obtained, will render a recommendation for action in a report of findings to the
FHWA’s Division Office.
9. The Title VI Coordinator will conduct an in-depth, personal interview with the complainant(s).
Information gathered in this interview includes: identification of each complainant by race,
color, sex, age, national origin, disability/handicap, or income status; name of the complainant;
a complete statement concerning the nature of the complaint, including names, places, and
incidents involved in the complaint; the date the complaint was filed; and any other pertinent
information the investigation team feels is relevant to the complaint. The interviews are
recorded either on audio tape or by taking notes. The Title VI Coordinator arranges for the
complainant to read, make necessary changes to, and sign the interview transcripts or
interview notes. Every effort will be made to obtain early resolution of complaints at the lowest
possible level.
10. Within ninety (90) calendar days of receipt of the complaint, the complainant receives a letter
from the Director detailing the findings, conclusions, and any corrective action taken. All
issues in the complaint are addressed.
11. The Title VI Coordinator forwards the final report to the FHWA’s Division Office. Included with
the reports is a copy of the complaint, copies of all documentation pertaining to the complaint,
the date the complaint was filed, the date the investigation was completed, the disposition and
the date of the disposition, and any other pertinent information. If, for some reason, the
investigation cannot be completed within this timeframe, a status report shall be submitted to
the FHWA at this stage and the report shall follow upon completion.
12. If the complaint cannot be resolved by the Department to the satisfaction of all parties
concerned, the party not satisfied is advised of his or her right to appeal pursuant to Title 49,
Code of Federal Regulations, Part 21. The appeal must be filed, in writing no later than 180
calendar days after the date of the alleged discrimination, unless the time for filing is extended
by the Secretary to:
U.S. Department of Transportation
400 Seventh Street Southwest
Washington, D.C. 20590
A complaint may be filed with the Secretary; U.S. Department of Transportation, before, during,
or after the complaint has been filed with the Oklahoma Department of Transportation.
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
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Translation via phone
1. Place the LEP caller on hold.
2. If you can determine the language being spoken, contact an ODOT employee or volunteer from the LEP-Interpreter-
Translator Database located at U:\Civil_Rt\Title VI\\Limited English Proficient\LEP-Interpreter-
Translator Database and use the 3-way conference calling process:
Conference calling instructions
Ask the caller to hold
Press the conference/transfer button
Dial the number for the ODOT employee or volunteer
Press the conference/transfer button again and all callers should be on the phone
OR
If you cannot determine the language spoken, contact the vendor (All statewide approved vendors for 7/1/10-
11/30/11 are listed alphabetically)listed on the LEP-Interpreter-Translator Database located at U:\Civil_Rt\Title
VI\\Limited English Proficient\LEP-Interpreter-Translator Database and use the 3-way conference calling process:
Conference calling instructions
Ask the caller to hold.
Press the conference/transfer button
Dial the number for the vendor
Press the conference/transfer button again and all callers should be on the phone
If contacting the vendor, the operator can help you identify the language if you need assistance. Provide the vendor
with your contact information, department, and the contract information listed on the database sheet. The phone
interpreter will speak to the LEP individual and determine the nature of the request. You may respond through the
interpreter and ask follow-up questions of your own.
3. Following the phone conversation, complete the LEP reporting form to document the occurrence and how it was
resolved.
4. Complete and submit the “LEP Reporting Form” to Jenny Chong, Title VI Coordinator, in the Civil Rights Division
or via email jchong@odot.org.
Translation for written documents
Any in-coming correspondence (such as e-mails, fax, or letters) that require translation should be forwarded to Jenny
Chong, Title VI Coordinator, in the Civil Rights Division. Identified vital documents will be translated as required by
the Title VI program.
NOTICE OF INTERPRETER SERVICES
N O T I C E O F I N T E R P R E T E R S E R V I C E S [ E N G L I S H ]
If you do not speak the English language or are hearing impaired, you may ask for an interpreter to assist you.
Please tell one of the workers that you need an interpreter and help them in identifying the language you speak.
If you are unable to get the workers to provide you with an interpreter or are not satisfied with the interpreter
services that is provided to you, please contact the person listed below for assistance:
Name: Jenny Chong, Title VI Coordinator
Telephone Number: (405) 521-2072
Name: Trinia Mullins, Americans with Disabilities Act Coordinator
Telephone Number: (405) 521-4140
A V I S O D E S E R V I C I O S D E I N T E R P R E T E [ S P A N I S H ]
Si no hablan inglés o tienen problemas de audición, puede pedir un intérprete para ayudarle. Por favor digale a
uno de los trabajadores que necesita un intérprete y ayudarles a identificar el idioma que habla. Si no se ha
podido obtener los trabajadores para proporcionarle un intérprete o no está satisfecho con los servicios de
intérprete que es proporcionado a usted, por favor communiquese con:
Jenny Chong al
Nύmero de teléfono (405) 521-2072
O
Trinia Mullins al
Nύmero de teléfono (405) 521-4140
*Other Non-English Languages are available upon request
The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons shall, on the grounds of race, color, sex, age,
national origin, disability/handicap, or income status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any and all programs, services, or activities administered by ODOT, its recipients, sub-recipients, and contractors.
WORK PLAN (May 2011 – April 2012)
 Complete all Title VI Compliance Reviews internally and externally;
 Attend ODOT and MPO scheduled public meetings when possible;
 Work with the divisions to ensure efforts are made to increase participation from females,
minorities, and socially-economically disadvantaged-owned firms for contracted projects;
 Increase awareness to other accredited colleges/universities on the National Summer
Transportation Institute program to encourage additional host sites;
 Continue to meet with all Title VI Designees to ensure responsibility of compliance within their own
divisions;
 Ensure that all ODOT divisions understand the results from the LEP Assessment for
implementation;
 Complete training for all the Metropolitan Planning Organizations and other recipients as
necessary; and
 Compile statistical data received from monthly reports and analyze results to identify any Title VI
issues.
The Oklahoma Department of Transportation (ODOT) ensures that no person or groups of persons shall,
on the grounds of race, color, sex, age, national origin, disability/handicap, or income status, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any and
all programs, services, or activities administered by ODOT, its recipients, sub-recipients, and contractors.