Elimination of Discrimination

The City will continue its practice of identifying discrimination based on race, color, religion, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income, and where such discrimination is found to exist, implementing programs or practices to eliminate the discrimination. Programs include, but are not limited to, hiring Minority/Women/Disadvantaged Business Enterprises (DBE) contractors, providing translations through the LA Program, and conducting public outreach and involvement in City projects.

Public Dissemination of Information

The Title VI Coordinator shall assist City staff in the creation and dissemination of Title VI Program information to City employees, subrecipients, contractors, Affected Parties, and the general public. Public dissemination efforts may include: posting public statements setting forth the City's non-discrimination policy; inclusion of Title VI Assurances in City contracts and grants; and publishing a Title VI Policy Statement in a newspaper of general circulation in the City and in other community/minority publications at least once annually; posting a Title VI Policy Statement in vicinity of proposed City projects; and including a Title VI Policy Statement in announcements of hearings and meetings; and providing notice of City Proposed Projects to minority communities.

Departmental Responsibilities

Each Department Head is responsible for Title VI compliance for individual projects. Compliance activities include, but are not limited to:

1. Ensuring that all aspects of a Proposed Project's planning process and operations comply with the Title VI Requirements.
2. Ensuring that Affected Parties have meaningful access to a Proposed Project's planning processes.
3. Assisting the Title VI Coordinator in gathering and organizing data for the Title VI Plan Report.
4. Reviewing the Department work programs, policies, and other directives to ensure compliance with the Title VI Requirements.
5. Verifying the level of participation of Affected Parties at public outreach meetings.

Title VI Assurances in Contracts and Grants

The Contracts and Procurement Division is responsible for the City's general contracting, consultant selection, negotiation, and administration of contracts for the City. The Contracts and Procurement Division will ensure that all federally funded contracts administered by the City contain Title VI Assurances. In the event that the City distributes federal funds to another entity through grants or other agreements, the Department Liaison administering the grant or agreement will ensure that such grants and agreements contain the Title VI Assurances. The Department's project administrator or grant administrator will monitor the performance of the contract or grant for compliance. The Title VI/Section 504 Coordinator and Department Liaisons will coordinate efforts to ensure that the requirements of Title VI are met throughout the entire contracting and grant performance process.

Data Collection

Statistical data on Affected Parties will be compiled by each Department Liaison. The data compilation process will be reviewed regularly by the Title VI Coordinator and the Department Liaisons to ensure the data is sufficient to meet the requirements of this Title VI Plan.

Training Program

Annual training will be made available to Department Liaisons and other City staff responsible for the implementation of the Title VI Requirements. Training will provide comprehensive information on the Title VI Requirements and its application to specific programs or operations; assistance on the identification of Title VI issues; and an overview of the complaint process.

Title VI Program Reviews

Each Department will conduct an annual Title VI Plan review to assess the Department's effectiveness in ensuring compliance with the Title VI Requirements. The Title VI Program review will be overseen by the Title VI Coordinator with the assistance of the Department Liaison, and will include an evaluation of administrative procedures and staffing; review of operational guidelines for City staff, contractors and subrecipients; and assessment of resources available to ensure compliance with the Title VI Requirements.

Department Title VI Reports

Department Liaisons shall annually prepare a Department Report to be submitted to the City Manager on or before July 15th of each year. The Department Report will be based on the data compiled by the Department Liaison and the Title VI Program Review. The Department Report shall include an executive summary; a list of programs subject to the Title VI Requirements; a summary of any complaints of violations of the Title VI requirements and how each complaint was resolved; a summary of the statistical data compiled by the Department Liaison; a summary of Title VI training provided; and a general assessment of the Title VI compliance by the Department.

Title VI Coordinator Title VI Plan Report

The Title VI Coordinator shall annually prepare a comprehensive Title VI Plan Report, and forward it to the City Manager on or before August 19 of each year. The Title VI Plan Report will be based on the Department Title VI reports, and shall contain an assessment of the accomplishments during the preceding year; a list of recommended changes to the programs subject to the Title VI Requirements; and a list of recommended goals and objectives for the upcoming year.

Preventive and Remedial Efforts

The City will actively seek to prevent Title VI deficiencies or irregularities, and to remedy violations or irregularities if they occur in the administration of a program subject to the Title VI requirements. In taking such action, the Department Liaison will work with the Title VI Coordinator to create an action plan within 90 days of the date the need for preventive or remedial action is identified by City staff. A copy of the action plan will be provided to the Department Head and the City Manager and retained by the Title VI Coordinator.

When the Department Liaison reasonably believes a contractor or subrecipient has violated a Title VI Requirement, the Department Liaison will follow the following process:

1. The project or grant administrator and the Department Liaison will meet with the contractor or subcontractor to conduct an initial review of the facts supporting a finding that a violation of the Title VI Requirements has occurred or is occurring.
2. If, after the initial review, the Department Liaison concludes that the contractor or subrecipient has violated the Title VI Requirements, the contractors or subrecipient will be given a reasonable time, not to exceed 90 days from the date notice is provided to the contractor or subrecipient, to voluntarily correct noncompliance.
3. The City will seek to obtain the cooperation of the contractor or subrecipient in correcting non-compliance, and will offer to provide technical assistance needed by the contractor or subrecipient to obtain voluntary compliance with the Title VI Requirements.
4. A follow-up review will be conducted within 180 days of the date notice is provided to the contractor or subrecipient to ensure that the violation of the Title VI Requirements has been corrected. If after the review, the contractor or subrecipient has failed to correct the violation, the City Manager may take appropriate action (e.g., withhold funds, cancel contract) required to comply with the City's obligation under the federal grant.
5. When a contractor or subrecipient has failed or has refused to comply with Title VI Requirements within the 180 day period after the initial review, the Department Liaison will submit two copies of the file to the appropriate state or federal agency (e.g., ODOT's Office of Civil Rights or the FHWA), along with a recommendation that the file be reviewed for a determination of whether the contractor or subrecipient has violated the Title VI Requirements.

City Manager

The City Manager's Office is responsible for ensuring the City's compliance with Title VI Requirements and SRC Chapter 97, including, but not limited, to monitoring City programs, preparing required reports and undertaking such other responsibilities as required by 23 Code of Federal Regulation (CFR) 200 and 49 CFR 21. (See Appendix A). To ensure compliance the City Manager will appoint a Title VI/Section 504 Coordinator, and Department Directors will designate one or more Department Liaisons within their respective departments.

Title VI/Section 504 Coordinator

The Human Rights and Federal Compliance Manager is the Title VICoordinator and responsible for the overall management of the Title VI Program, under the direct supervision of the City Manager and Deputy City Manager .The Title VI Coordinator's responsibilities are:

1. Process complaints regarding compliance with this Title VI Plan that are received by the City.
2. Coordinate with Department Liaisons to compile statistical data related to race, color, national origin, sex, age, disability, and income of participants in, and beneficiaries of, federally funded programs to ensure compliance with the Title VI Requirements.
3. Review City programs or projects receiving federal funds in coordination with Department Liaisons to ensure compliance with Title VI Requirements.
4. In conjunction with the City Legal Department, review new local ordinances to assure compliance with federal and state civil rights laws. 
5. Conduct training programs related to Title VI Requirements for City staff who are responsible for Title VI compliance, and for contractors or subrecipients who are subject to Title VI Requirements.
6. Make recommendations to the City Manager on ways to achieve compliance with Title VI Requirements.
7. Develop information regarding this Title VI Plan for dissemination to the general public and, where appropriate, use the LA Program to ensure dissemination of the information to affected populations.
8. Ensure that individuals who will be affected by locating and citing actions obtain meaningful access to the public awareness/involvement process.
9. Identify deficiencies in compliance with the Title VI Requirements, and make recommendations to the City Manager for remedial actions to be taken to promptly resolve such deficiencies.
10. Annually prepare a Title VI Plan Report that documents progress, accomplishments, impediments and goals in fulfilling this Title VI Plan.

Department Liaisons

Department Liaisons are responsible for the day-to-day administration of the Title VI Program within their departments. The Title VI Coordinator shall keep on file an accurate and updated list of all Department Liaisons. Department Liaisons' responsibilities are:

1. Ensure compliance, program monitoring, reporting, and education regarding the Title VI Requirements within their respective departments.
2. Meet regularly with the Title VI Coordinator to discuss issues regarding Title VI implementation and monitoring within the City.
3. Collect statistical data regarding participants in and beneficiaries of federally funded programs, e.g., relocatees, Affected Parties, and impacted communities (race, color, national origin, sex, age, disability, and income)
4. Prepare annual reports regarding department compliance with Title VI and make recommendations on ways to achieve better compliance with the Title VI Requirements.
5. Conduct post-grant approval reviews of City programs and applicants (e.g., highway location, design and relocation, and persons seeking contracts with the City), for compliance with the Title VI Requirements.
6. Conduct department meetings to review impacts of Proposed Projects on Affected Parties.
7. Develop mechanisms to identify the population of Affected Parties for Proposed Projects.
8. Notify Affected Parties of public meetings or hearings regarding a Proposed Project, and ensure that meetings and hearings are accessible to all Affected Parties.
9. Disseminate information to the public regarding access to Proposed Project information, specifications, and plans.

Title VI of the Civil Rights Act of 1964 [Pub. L. 88-352 (1964), codified as 42 U.S.C. §§2000d through 2000d-4]:
Title VI of the Civil Rights Act of 1964 prohibits the discrimination in, or the denial of benefits under, any program or activity receiving federal financial assistance on grounds of race, color or national origin.

The Civil Rights Restoration Act of 1987, [Pub. L. 100-259, Sec. 6 (1988), codified as 42 U.S.C. §2OOOd-4a] :
The Civil Rights Restoration Act of 1987 broadened the scope of Title VI coverage by expanding the definition of the terms "programs or activities" to include all programs or activities of federal aid recipients, subrecipients, and contractors, whether such programs and activities are federally assisted or not.

Federal Aid Highway Act of 1973, [Pub. L. 93-87 (1973), codified as 23 U.S.C. §324]:
The Federal Aid Highway Act of 1973 provides that no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.

Age Discrimination Act of 1975, [Pub. L. 94-135 (1975), codified as 42 U.S.C. §6102):
The Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.

Americans with Disabilities Act of 1990, Subchapter 2, Part A [Pub. L. 101-336 (1990); codified as 42 U.S.C. §§12131-12134]:
The Americans with Disabilities Act of 1990 provides that no qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a state or a local government.

Section 504 of the Rehabilitation Act of 1973 [Pub. L. 93-112 (1973), codified as 29 U.S.C. §794]:
Section 504 of the Rehabilitation Act of 1973 provides that no qualified handicapped person, shall, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.

23 CFR Part 200:
23 CFR 200 are administration regulations promulgated by the Federal Highway Authority that specify the Title VI implementation requirements for state departments of transportation at state and local levels.

49 CFR Part 21:
49 CFR 21 are administration regulations promulgated by the US Department of Transportation that specify the Title VI implementation requirements for state departments of transportation at state and local levels.

Exec. Order No. 12898:
Executive Order 12898 regards federal actions to address Environmental Justice in minority populations and low income populations. (Environmental justice seeks equal protection from environmental and public health hazards for all people regardless of race, income, culture and social class. Additionally, environmental justice means that no group of people including racial, ethnic or socioeconomic groups should bear a disproportionate share of the negative environmental consequences resulting from industrial, land-use planning and zoning, municipal and commercial operations or the execution of federal, state, local and municipal program and policies).

Exec. Order No. 13166:
Executive Order 13166 regards the improvement of access to services for persons with Limited English Proficiency.

Salem Revised Code Chapter 97:
Because discrimination poses a threat to the health, safety and general welfare of the citizens of Salem and disrupts the institutions and foundation of the City's community, and recognizing the limits of the foregoing federal non-discrimination statutes, in 2002 the City Council enacted SRC Chapter 97. SRC Chapter 97 prohibits discrimination on the basis of race, color, religion, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income.